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City Council Packet 2004 11-09-04 I `,00fl c,r` 0 ® United City of Yorkville Est. 11' 1836 County Seat of Kendall County 800 Game Farm Road t !i - ` Yorkville, Illinois, 60560a�� 2o Telephone: 630-553-4350 1-?,. - KantlntlL— ` `4 ��'�• Fax: 630-553-7575 Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM REVISED: 11/8/04 Tuesday, November 9, 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, November 22, 2004 To be announced Economic Development Committee: 7:00 p.m., Thursday, November 18, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, December 2, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Monday, November 15, 2004 City Hall Conference Room City Council Meeting Agenda November 9, 2004 Page 2 Public Hearings: 1. Appearance Code 2. Yorkville Supportive Living, LLC, petitioner, request for an Amendment to the Planned Unit Development Agreement of New Directions Housing Corp. to provide for age restricted affordable assisted living residences. The real property consists of approximately 3.48 acres located one block West of Route 47 on the South side of Greenbriar Road in the United City of Yorkville, Kendall County, Illinois. 3. PC 2004-07 Pulte Homes and LaSalle Bank Trust #4198, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District, R-3 General Residence, and B-3 Service Business District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 286 acres North of Route 34, East of Route 47 and West of Bristol Ridge Road, Bristol Township, Kendall County, Illinois. Citizen Comments: Presentations: None Consent Agenda 1. Deuchler Agreement for Southwest and Pavillion Road Interceptors- authorize Mayor and City Clerk to execute in an amount not to exceed$375,000.00 for design services, subject to guarantee payment by the development group 2. River's Edge Unit 1 —Letter of Credit Reduction#3 -authorize reduction in an amount not to exceed $243,213.88 3. Grande Reserve Mass Grading— Letter of Credit Reduction#1 -authorize reduction in an amount not to exceed$2,380,731.35 4. North Water Tower— Change Order #3 -authorize increase in an amount not to exceed$10,770.00 and authorize Mayor to execute 5. Intergovernmental Agreement Between Kendall County Forest Preserve District and the City for the Hoover Outdoor Education Center Property -authorize Mayor and City Clerk to execute 6. E-Pay Program -authorize Finance Director to execute 7. Deuchler Agreement for FPA Amendment to YBSD Southwest Service Area-authorize Mayor and City Clerk to execute in an amount not to exceed$40,000.00, subject to guarantee of funds by the development group 8. Police Reports for August and September 2004 Plan Commission /Zoning Board of Appeals: City Council Meeting Agenda November 9, 2004 Page 3 Minutes for Approval(Corrections and Additions): Minutes of City Council— None Minutes of Committee of the Whole— October 19, 2004 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 467,014.52 (vendors) $ 139,447.24 (payroll period ending 10/16/04) $ 606,461.76 (total) Reports: Mayor's Report: 1. National League of Cities - Membership 2. IDNR Agreement for Glen Palmer Dam Improvements Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: 1. Library Referendum- Preliminary Timetable for Bond Sale Director of Public Works Report: Chief of Police Report: Executive Director of Parks& Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. Rob Roy Creek Interceptor- Contract Award Update , �D CiTy United City of Yorkville EST. 1a36 County Seat of Kendall County 800 Game Farm Road P rj Yorkville, Illinois, 60560 a o Telephone: 630-553-4350 ,I. azo— �jzCE ��. Fax: 630-553-7575 Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, November 9, 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, November 22, 2004 To be announced Economic Development Committee: 7:00 p.m., Thursday, November 18, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, December 2, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Monday, November 15, 2004 City Hall Conference Room City Council Meeting Agenda November 9, 2004 Page 2 Public Hearings: ^T 1. Appearance Code 2. Yorkville Supportive Living, LLC, petitioner, request for an Amendment to the Planned Unit Development Agreement of New Directions Housing Corp. to provide for age restricted affordable assisted living residences. The real property consists of approximately 3.48 acres located one block West of Route 47 on the South side of Greenbriar Road in the United City of Yorkville, Kendall County, Illinois. 3. PC 2004-07 Pulte Homes and LaSalle Bank Trust #4198, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District, R-3 General Residence, and B-3 Service Business District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 286 acres North of Route 34, East of Route 47 and West of Bristol Ridge Road, Bristol Township, Kendall County, Illinois. Citizen Comments: Presentations: None Consent Agenda 1. Deuchler Agreement for Southwest and Pavillion Road Interceptors-authorize Mayor and City Clerk to execute in an amount not to exceed$375,000.00 for design services, subject to guarantee payment by the development group 2. River's Edge Unit 1 —Letter of Credit Reduction #3 -authorize reduction in an amount not to exceed $243,213.88 3. Grande Reserve Mass Grading —Letter of Credit Reduction#1 -authorize reduction in an amount not to exceed$2,380,731.35 4. North Water Tower— Change Order#3 - authorize increase in an amount not to exceed$10,770.00 and authorize Mayor to execute 5. Intergovernmental Agreement Between Kendall County Forest Preserve District and the City for the Hoover Outdoor Education Center Property -authorize Mayor and City Clerk to execute 6. E-Pay Program - authorize Finance Director to execute 7. Deuchler Agreement for FPA Amendment to YBSD Southwest Service Area -authorize Mayor and City Clerk to execute in an amount not to exceed$40,000.00, subject to guarantee of funds by the development group 8. Police Reports for August and September 2004 Plan Commission /Zoning Board of Appeals: City Council Meeting Agenda November 9, 2004 Page 3 Minutes for Approval (Corrections and Additions): Minutes of City Council— None Minutes of Committee of the Whole— October 19, 2004 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 467,014.52 (vendors) $ 139,447.24 (payroll period ending 10/16/04) $ 606,461.76 (total) Reports: Mayor's Report: 1. National League of Cities - Membership 2. IDNR Agreement for Glen Palmer Dam Improvements 3. Conover/Fisher Sanitary Utility Easement Agreement & Payment of$152,733.00 4. Holdiman Sanitary Sewer Pumping Station Acquisition & Payment of$435,600.00 5. P.N.A. Youth Camp Agreement & Payment of$208,986.60 Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: 1. Library Referendum- Preliminary Timetable for Bond Sale Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community &Liaison Report: Committee Reports: Public Works Committee Report: 1. Rob Roy Creek Interceptor- Contract Award Update City Council Meeting Agenda November 9, 2004 Page 4 Economic Development Committee Report: 1. Saravanos Property Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body. Adjournment: 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 ECONOMIC 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 APPEARANCE CODE OBJECTIVES 1. The fostering of: i. Sound and harmonious design of new buildings and sites. ii. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community, by giving encouragement, guidance and direction. iii. Better maintenance of properties through encouragement of preservation, upkeep, protection and care. iv. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to, buildings, streetscapes and landscapes. II. APPLICABILITY a) The provisions of this code shall apply to: i. building permits for new construction applied for after the execution of the ordinance, and/or ii. building permits for additions to existing buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s) are equal to 10% of the floor area or 200 sq ft,whichever is more and/or iii. when property is rezoned. b) The provisions of this code shall be deferred until , 2009, for lots located within the Fox Industrial Park. HI. PROCEDURES 1. The City Building Official, or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code, prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code shall be made in writing and submitted to the City Building Official. The Date Printed: 10/11/2004 Page 1 APPEARANCE CODE (Coapt) City Building Official shall direct such requests to the Facade Committee who shall make a recommendation to the City Council. The City Council's decision shall be binding. 3. The Facade Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlined in Section I be met if the requested deviations is granted? b. Is there a particular physical condition of the specific property and/or building(s) involved that would create a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? c. Will granting the requested deviation from these regulations be detrimental to to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? d. Will granting the requested deviation impair an adequate supply of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood? IV. CRITERIA FOR APPEARANCE L General a. Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity while considering deviations to the standards and guidelines of this Code are encouraged. 2. Landscape and Site Treatment The provisions of this section are meant to supplement the City's Landscape Regulations. All provisions of the Landscape Regulations are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. The following criteria shall be applied to non-residential development, multiple-family dwellings and residential buildings consisting of three or more attached dwelling units. Detached single-family residences and duplexes are exempt from this subsection. i. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures. Date Printed: 10/11/2004 Page 2 APPEARANCE CODE (Con't) ii. Where natural or existing topographic patterns contribute to beauty and utility of a development,they shall be preserved and/or enhanced. Modification to topography will be permitted where it contributes to good appearance and/or maintains/enhances the drainage of the property. iii. Grades of walks, parking spaces terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting. iv. Landscape treatment and spectacular effects (such as incorporating waterfalls, statues or monuments, or works of art, etc.) shall be provided to enhance architectural features, strengthen vistas, and provide shade. v. Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments. vi. Plant materials shall be selected for interest in its structure,texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. vii. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices. viii. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Shrubs shall be used only where they will not obscure vision and will not require excessive maintenance. ix. Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged. x. Shade trees in parking areas or areas of extensive hard surfacing will be given special drainage considerations. They could be tiled, have curbs put around them and have the soil mounded up in the curbed areas. xi. Screening of service yards, and other places which tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. xii. In areas where general planting will not prosper, other materials such as fences, walls and paving of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. xiii. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the Date Printed: 10/11/2004 Page 3 APPEARANCE CODE (Con't) property line cannot exceed .1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. xiv. The provisions of the Ordinance in regards to bulk regulations, standards and off- street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub-section. 3. Residential Single-family detached (1) Unless stated otherwise within this ordinance, no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building can not be similar in appearance to another residential building across the street from, or cattycorner from the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section, "similar in appearance" shall mean a residential building which is identical to another in any four or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of main roof ridge above finished grade of property. (c) Dimensions (height and length) and shape of the'facades facing the front lot line. (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the facade facing a front lot line. (e) Type of facade materials (i.e., brick veneer, lapped horizontal siding, half timber, board and batten, shakes, etc.) on the facade facing a front lot line. Date Printed: 10/11/2004 Page 4 APPEARANCE CODE (Con't) ii. Duplexes (1) In addition to the standards listed in Section IV.3.i above, Duplexes shall incorporate brick, stone, or split face brick. Brick, stone and/or split face brick shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade (defined as that facade that faces a street that includes a main entry to the house) shall itself incorporate brick, stone and/or split face brick on at least 50% of the facade. Any other façade that abuts a street shall incorporate brick, stone and/or split face brick. The use of brick, stone and/or split face brick is encouraged on the remaining façades. Single-family attached (other than Duplexes) and Multiple-family (1) The provisions of IV.3.i.(1)-(5) above shall also apply to Single-family attached (other than Duplexes) and Multiple-family buildings. (2) The building footprint of single-family attached and multi-family buildings can be the same. However, the façade treatments must vary between buildings that are adjacent to one another. Façade treatments may include building materials and colors. (3) Site planning in which setbacks and yards are in excess of the minimum zoning district requirements is encouraged to provide an interesting relationship between buildings. (4) Parking areas shall be treated with decorative elements, building wall extensions, plantings, bums and other innovative means so as to largely screen parking areas from view from public ways. (5) The height and scale of each building shall be compatible with its site and adjoining buildings. (6) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (7) The architectural character of the building shall be in keeping with the topographical dictates of the site. (8) Brick, stone, split face brick and/or architectural blocks shall be incorporated on at least 50% of the total building, as broken down as follows: The front façade (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate brick, stone, split face brick and/or architectural blocks on at least 50% of the facade. Any other facade that abuts a street shall incorporate brick, stone, split face brick and/or architectural blocks. The use of brick, stone, split face brick and/or architectural block is encouraged on the remaining facades. Date Printed: 10/11/2004 Page 5 APPEARANCE CODE (Con't) (9) Pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. (10) Common open space and outdoor seating areas are encouraged. 4. Non-Residential General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between bui l dings. (c) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. (e) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (f) The architectural character of the building shall be in keeping with the topographical dictates of the site. (g) In relating buildings to the site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off-street parking shall be part of this criteria. This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks, and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. Monotony shall be avoided. Date Printed: 10/11/2004 Page 6 • APPEARANCE CODE (Con't) (d) Buildings shall have similar scale to those in the surrounding area. ii. Building Design (1) Commercial, Office and Institutional Uses (a) Guidelines for sites that have existing buildings (1) The use of dissimilar materials and/or colors between the existing building and the addition(s) is prohibited. (ii) When a site abuts a county, state or federal highway, and when an existing building is modified per the standard outlined in Section II.a.2, the property owner shall be required, to the greatest extent possible, to meet the standards of Section IV. 4.ii. (1)(b) below for the entire building. (iii) When a site abuts a county, state or federal highway, and when an additional building(s) is placed on the site, the additional building shall match the architectural style of the principal building. (iv) If an additional building(s) is placed on the site, the additional building(s) shall, to the greatest extent possible, match the architectural style of the principal building. (v) Any additional building(s) placed on the site shall, to the greatest extent possible, match the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (i) Brick, stone, split face brick and/or architectural blocks shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade (defined as that façade that faces a street that includes a main entry to the building) shall itself incorporate brick, stone, split face brick and/or architectural blocks on at least 50% of the facade. Any other façade that abuts a street shall incorporate brick, stone, split face brick and/or architectural blocks. The use of brick, stone, split face brick and/or architectural block is encouraged on the remaining facades. (ii) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Four-sided buildings (i.e., use of windows or the impression of windows on all sides of the building) and the utilization of a campus-style layout Date Printed: 10/11/2004 Page 7 APPEARANCE CODE (Con't) are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony, and to improve the aesthetic quality of the development. (iii) Outlots shall reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building),new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (iv) Pedestrian scale features/amenities, such as solid-colored awnings, covered walkways, windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (v) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (vi) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (vii) The location of drive-through facilities, including drive-through lanes, bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (viii) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of- way. (ix) Loading bays for industrial uses may not be placed along the front of the building or the side(s) abutting a public right-of-way when there is a non-industrial use across from that facade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be viewed from a County State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping it can be reasonably assumed that the bay doors will not be visible from the road. Date Printed: 10/11/2004 Page 8 • APPEARANCE CODE (Con't) (b) Standards (i) All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Masonry facades shall not be painted. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. (2) Industrial Uses (a) Guidelines (i) Brick, stone, split face brick and/or architectural blocks shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate brick, stone, split face brick and/or architectural blocks on at least 50% of the facade. Any other façade that abuts a street shall incorporate brick, stone, split face brick and/or architectural blocks. The use of brick, stone, split face brick and/or architectural block is encouraged on the remaining facades.Where pre-cast concrete panels or split-face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. (ii) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. (iii) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. Date Printed: 10/11/2004 Page 9 APPEARANCE CODE (Con't) (iv) Loading bays shall not be located in the front of an industrial structure or in the area abutting a public right-of-way. (b) Standards (i) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the facade abutting a public street in an effort to break up the mass of the structure. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (iv). Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. iii. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. S. Applicability towards Existing Buildings This code shall not apply to those buildings where siding is being replaced with similar siding materials. ii. This code shall not apply to existing residential accessory structures. iii. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (i.e., 25% of the facade is Date Printed: 10/11/2004 Page 10 APPEARANCE CODE (Con't) removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single-family or multifamily buildings. iv. Additions and/or major facade work shall be assessed on a cumulative bases (i.e., if a 10 percent modification is conducted at one time and later an another 10 percent medication is made, the cumulative impact is 20% and therefore a 20% compliance ratio is expected.) v. When property is rezoned, the property must comply with this code within 24 months of the execution of the ordinance granting the rezoning. V. MAINTENANCE FOR GOOD APPEARANCE 1. Landscape materials, other than plants, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced. 2. Plant materials that have deteriorated or died shall be replaced with healthy plantings, or the area shall be redesigned with other treatment to provide an attractive appearance. 3. Plantings shall be kept watered, fed, cultivated, and pruned as required to give a healthy and well groomed appearance during all seasons. 4. Parking areas shall be kept in good repair, properly marked and clear of litter and debris. 5. Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season. Filename: C:\Documents and Settings\Owner\Desktop\Yorkville\AppearanceCode-PH.doc Date Printed: 10/11/2004 Page 11 - NOV-09-2004 TUE 04 04 PM WISEMAN HUGHES FAX NO, 6306530194 P. 02 • WISF.' MAN • liUG1(ES November 9, 2004 Mr. Tony Graff City Adminstrator United city of Yorkville 800 Game Farm Rd, Yorkville, IL Re: Proposed Appearance Code Dear Tony: Our development team at Wiseman-Hughes has reviewed the proposed Appearance Code up for consideration by the City Council. Here is a summary of the comments and concerns that the team has generated, I request that these be shared with the City Council and staff. 1 hope that you find them helpful in considering this code change. Wiseman-llughes, and most other developer-builders, follow their own,self-imposed monotony policy. We understand the importance variety plays in developing an ascetically pleasing and architecturally interesting subdivision. Our first request would. he that the City Council considers "grand-fathering"the existing subdivisions that have an anti-monotony policy in place. Our anti-monotony policy is quite simple, yet effective; there cannot be two houses with the same elevation or siding color adjacent to or across the street from:mother. We currently offer five (5)models. Each of them has three (3) different elevations, as well as numerous siding colors and brick and stone options. This provides for an ample opportunity to develop a subdivision with a variety of housing designs,materials, shapes, and colors. We understand the importance of having a high-quality housing stock in the community that will age gracefully. However, the current proposal is non-specific, vague and open to much interpretation. This code will be difficult to administer and to maintain consistency. Adding brick to every elevation may create a more expensive facade,but it actually mandates monotony instead of avoiding it. Brick does not necessarily translate into a more expensive house. The customer will have to go without other options such as a porch, three-stall garage, or bonus room, which may have added more value than the brick. As most aspects of development dictate,the market does the best job of creating a desirable place. People typically do not want to live in neighborhoods in which all (he Wirr'n 41r•llrr,gkr.. l;urrrprires, 1m1r, 975 as 22/id Srrccr Whcalnn, Illinois 60.187 ,30.65.3-0.500 Fax 630'6.53.0194 NOV-09-2004 TUE 04:04 PM WISEMAN HUGHES FAX NO, 6306530194 P, 03 houses are the same. 'Therefore,most developers and builders will try to meet that desire with a variety of housing styles. We believe that with the powers given the City in negotiating annexation agreements and in approving commercial site plans, the City can meet its goals without creating more bureaucracy and regulations. Thank you for allowing us to participate in this discussion. I would also like to remind you, your stair, and the City Council of our Windett Ridge Grand Opening on November 17th 2:30—6:00 p.m. We arc excited about being part of Yorkville and hope you can join us. Very best rca ds, , I r . I.arry V aupe Director of Planning and Entitlement Mum n tlrrfll,+cs fi,raerprires, Inc. 075 fart 22nd Street Wheaton, Illinois 60187 630-653-0500 Fax 630.653-0104 I If } _ 1 .d • oR i 111 a_.,.:, UNTIED CITY OF Y OSI ILLE 300 Game Farm Road Yorkville, IL 60560 630/553-4350 PC n APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED SIT DEVELOP (PU ) AGREEMENT Yorkville Supportive Development Name: Living Facility Date of Submission: October 8, 2004 1. Name ofPetitioner(s): Yorkville Supportive Living, LLC - Steve K. Horve and George Dinges Address: 330 Marion Avenue, Forsyth, IL 62535 Phone Number: (217) 875- 1362 Fax Number: (217) 875- 1748 Relationship of Petitioner(s)to subject property: ftOwner jiDeveioper [j Contract Purchaser 2. Name of holder of legal title, if different from 41: Yorkville Supportive Living Facility Limited Partnership it-legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: n/a 3. a). Street address and physical location of subject property: 3.48 acres located one block west of Rte . 47 on the south side of Greenbriar Road in Yorkville, IL b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 3.48 acre s d). Kendall County Parcel Number(s) of property: 05-05-400-027 e). Current Zoning Classification: R4 f). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) Page 1 of 5 United City of Yorkville AmenaAnnexationjPUD Application Revised: 2125iO4 5. Date of Annexation or PUD Agreement sought to be amended: Filed for record 1-23-04 Name of Agreement: Ordinance No. 2003-63 Date of Recording: January 23, 2004 Attach a true and correct copy of agreement as Exhibit "C". 6. State the items to be amended from the existing annexation or PUD agreement. See attached Exhibit "D" 7. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Steve K. Horve, 330 Marion Avenue, Forsyth, IL 62535 217/875- 1362 fax 217/875- 1748 Attorney: Name: Jeffery Kuta Schiff-Hardin, LP Address: 600 Sears Tower, Chicago, IL 60606 Phone Number: 312/258-5777 Fax Number: 312/258-5700 Engineer: Name: Gleason & Associates Thad Gleason Address: 769 Heartland Drive, Unit A, Sugar Grove, IL 60554 Phone Number: 630/466-8740 Fax Number: 630/466-8760 Land Planner: Name: same as engineer Address: Phone Number: Fax Number: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application"Petitioner Route, Step 1, Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan(if necessary): 40 sets folded to fit in a 10"x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Page 2of5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2125/04 Date: iOit:.',i fl`= Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application.) ye— Subscribed and sworn to before me this F day of , 200 . #444444440•444444444444.44.4440 "OFFICIAL SEAL" REBECCA A. WISHER NOTARY PUBLIC,STATE OF ILLINOIS 4 �4 ' ,L`i" L'L-1 Notary Seal MY COMMISSION EXPIRES 09/04/05 0 .#.44A4.4.Aeogoo A®.444+4®.44� THIS APPLICATION MUST RE NOTARIZED. Pane 3 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD)AGREEMENT PETITIONER ROUTE Step I: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Depar tment of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1. a. Annexation/PUD Amendment - $500 b. Deposit for Outside Consultants - under 2 acres = $1,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Step 3: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. The Economic Development Committee consists of three (plus one alternate) City Council members. Before this amendment can move forward to Committee of the Whole, a"draft" Amendment to Annexation or PUD Agreement must be written. Step 4: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 5: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Page 4 of 5 United City of Yorkville AmendAnnexationfPUD Application Revised: 2/25/04 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Signature of Petitioner Paee5of5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 JEL.21'2004 14:47 630-954-5673 Inland Real Estate Development #7128 P.014/015 EXHIBIT "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northeast corner of a subdivision known as Sunflower Estates,Phase 1, Yorkville, Kendall County,I l noir; thence South 01°20'48" East along an East.line of said subdivision 309.99; thence North 88'39'12'' East along a North line of said subdivision, 490.0 feet to a line drawn parallel with the West right of way line of Illinois State Route No.47 and 622.30 feet South 88"39'12" West therefrom; thence North 01°44'07" West parallel with said Route 47 right of way line, 310.0 feet to the southerly right.of way line of Green Briar Road; thence South 88"39'12"Wes( along said southerly right of way line 487.90 feet to the point of beginning in the United City of Yorkville., Kendall County, Illinois and containing 3.480 acres. Doc:69 3 UU/l -13 • ., U`q Changes from New Directions Housing PUD 1. New Developer is Yorkville Supportive Living LLC 2. New Owner is Yorkville Supportive Living Limited Partnership 3. Changed from 55 to 65 or older to live there. 4. Changed from "individuals who are 55 years of age or older to provide affordable assisted living residences for frail seniors who are 65 years of age or older. 5. Increase density from 15 to 25 units per acre. 6. Change parking from"covered but not fully enclosed" to 55 uncovered spaces. 7. Changed exhibit "B" to our site and building plans GLEASON SITE STATISTICS ARCIIIIECTS,P.C. Site Area 151 570 S.F.(3.48 AC.) "H "va Parking Spaces 62(incl.3 Accessible spaces) a-:.`.ui..A,:At Building Area7.-ISKIN' Site Coverage 29,800 S.F. .,,.,.r.,,.,..,.<aa Total Bidg.Area 59,600 S.F. mum DA111 Unit Count 84 units-2 Story z ost Ana Mt eoe rum OP NM GREEN BRIAR ROAD --; °° , 77. i / i •''''1'\ A PARIN SIGNIN I 1 I I ( /j I .� a 1 I • 1 ( 7 ( i1 DETENTION \\/� Ali13RiKI G I I 1 p PARKIN e f P K ';1' r(illibr j 4 1 \_ / WALKING P KIN G PATH J I 1 I \ CO • D ENTRY? ; i o pl _ I -- —_ COVERED PORCH 1 BUILDING ERV�CE • L , ' \ PATIO e ' LANDSCAPED BERM „I I i m- ill r 1 q �N� aiFL I03 AO 0.010 DATE M. 'PILO'!"I coPC LA OWNER AVROVAL I s 1 SH£lf NCi! SITE PLAN SITE PLAN _ SCAIEn-SP ' ,N SII,♦T MIMSPR Al Autumn Creek Land Plan Changes November 4, 2004 Changes from Original Concept Plan, June 2004 (based on comments from Plan Commission, City Council and staff) • Increased size of commercial component • Increased usable acreage of commercial component by providing stormwater detention within the residential site • Increased size of homesites adjacent to Grand Reserve • Decreased driveways fronting on street by reorienting townhomes • Decreased density Changes from Preliminary Plan, August 2004 (based on comments from Park Board, School District, Plan Commission, EDC and staff) • Increased park site • Revised location and configuration of park and school sites • Revised configuration north of Kennedy Road to eliminate roadway • Added bike path along Route 34 • Extended open space corridor/bike path south to make connection with roadway • Revised land plan to increase detention/open space along Route 34 to mirror Grand Reserve • Changed details to provide road hybrid from entry road to proposed Hamman commercial property • Revised land plan to reallocate smaller lots to areas adjacent to open space • Revised roadway along school site to provide better connection to road system to the west TM Presents Aut,unuhji Gr@ok, In qhe City of}'orkvilCe TM Series I: 1. Rockport- 2718 sf 2. Sterling- 2474 sf 3. Wilshire- 2470 sf 4. Dorchester- 2267 sf Series II: 5. Carrington- 2148 sf 6. Rosebury- 1905 sf 7. Pinebrook 1775 sf 8. Foxworth- 1584 sf Series III: Town Homes 1. Alcott- 1150 sf 2. Bradbury- 1547 sf 3. Claiborne- 1372 sf 4. Darien- 1520 sf 5. Ethan- 1520 sf y4f 4 - . .... , M �, I Pin � I I I.i .II I+ I�iti I I �IlI�J F I! II �•I - FF IIS II IryI- Y F I � - - I I --- BATH MASTER SUITE 2V-3"x 15'-5" I BEDROOM 2 B-9'CEILIN6 I '-0"X 10'-1" + I OPT.VAULTED CLG. 13'-O ® OEILING W.I•C. I ____ LINE OPOPT_VAIkT_ I uNEN ON u�1 IN 3 I on 1 I W.i.C.I PaIUNG __- M. BATH BEDROOM 4 BEDROOM 3 I11'x"x 13'-6' OPEN TO 11'x"X 11'x„ I rW.I.�''• 8'-0'CEILING NG 6ELflw B'-0'CEILING ® I I I I ! J I SECOND FLOOR PLAN F HEN NOOK d+f4 FAMILY ROOM LIBRARY 9'-3"x 13'-8" II 17'-3"x 17'-8" 11'4"x 1W-1" e'-9'CEILING � 9'-0"CEILING 9'-O'CEILING nr ON — r L°PT�°?TJ�°� u I LAUNDRY PDR. BVTlER6 PANTRY DINING ROOM ° FOYER '. 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PORCH LINEN -------------- GARAGE MASTER SUITE BW CEILING FIRST FLOOR PLAN SECOND FLOOR PLAN THE DARIEN PLAN 1520 PRELIMINARY PLANS SUBJECT TO CHANGE WITHOUT NOTICE. 6-D4-04 MPcopyRirHT 2004 Pilte Nome Corpvotian 0 PATIO I O'x 12' P ---------- DINING RM 8'-11"x9,-10" 9'4r CEILM OPT. WALK-OUT BAY PATIO LOFT OPT. DINING RM BEDROOM 2 BEDROOM 3 8'-11"x T-10' 10'-9"x 10'-6" 11'-8"x 13'-5" 8'-D'CEILING B'O'CEILING 8W CEILING GREAT ROOM 13'-2"x 16'-9" jr g'-G'CEILING 0 KITCHENOFr.RAILING I-I NE OF FLOOR ABOVE ui ul OPFN TO ABOVE �-J BATH OVER LOOK oPEx TO BELOW UP OPt.RAILING I PDR. -7 LAUNDRY ON OYLPORCH� ---- -—-------- M. BATH L -- J. W.I.c. J,J, LINEN GARAGE MASTER SUITE LIM- FIRST FLOOR PLAN SECOND FLOOR PLAN A THE ETHAN PLAN 1521 P%hIJiNARY PLANS SUBJECT TO CHANGE WTHOUT NOTICE. 06-C4-04 MP OC COPYItGtir 2004 P,Ile Home Corporation '0 GCD DRAFT- 10/5{4446[181/2004 ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2004 by and between RICHARD J. THEIDEL and LASALLE BANK NATIONAL ASSOCIATION, as Successor Trustee under Trust Agreement dated February 15, 1977 and known as Trust No. 4198 (collectively, "OWNERS"), PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous planned unit development (PUD) known as CH01/3{12390295.2}4112390295.3] the Autumn Creek Subdivision. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the tellnls and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 and R-3 Single-Family Residence Districts provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development to be developed with 7{[insert type_}$[attached and detached single-family] residences within the residential portion of the SUBJECT PROPERTY consisting of approximately two hundred sixty-four (264) acres, legally described in Exhibit "B" attached hereto and referred to as the "Residential Parcel" and a commercial area under the B-3 Business District within the commercial portion of the SUBJECT PROPERTY consisting of approximately twenty (20) acres, legally described in Exhibit "C" attached hereto and referred to as the "Commercial Parcel", all as depicted on the Preliminary PUD Plan attached hereto and incorporated herein as Exhibit"D". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on October 13, 2004. City Council conducted the public hearing on the annexation agreement on 9{ ,}10[November9,] 2004. F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its CHO1/1{12390295.2}2[12390295.3] 2 corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying architectural controls, open spaces totaling over approximately 92.33 acres and a carefully integrated commercial use and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City z CH01/ {12390295 21 [12390295.31 3 Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary PUD Plan, attached hereto as Exhibit "D" and agree that the 11 {Annexation Zoning}12[annexation, zoning] and 13{ }14[plan] for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the Subject Property under the R-2 and R-3 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Unit Development with [ ] residences and under the B-3 Business District provisions of the Zoning Ordinance for the commercial area as shown on the Preliminary PUD Plan attached hereto as Exhibit "C". The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit "C"). CHO1/ {12390295.2}2[12390295.3] 4 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted Variations"). 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined in Exhibit "El" (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution along US Route 34 and responsibility for off-site street related improvements as outlined in Exhibit "E2". In the event the CITY cannot obtain the necessary off-site easements for the extension of the watermains, the DEVELOPER shall be allowed to build and operate the water system for the SUBJECT PROPERTY until such time that the CITY is able to obtain the said easements. In addition, the CITY agrees that, at OWNERS' and/or DEVELOPER's request, the CITY shall exercise reasonable and best efforts 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 OWNERS and/or DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of OWNERS and/or DEVELOPER. The CITY shall not be obligated to incur any acquisition cost not approved by OWNERS and/or DEVELOPER. 5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND FUNDING MECHANISMS. A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall work with OWNERS and DEVELOPER to acquire adequate sanitary sewer treatment capacity for use CHO1/ {12390295.2}2112390295.3] 5 within the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist OWNERS and DEVELOPER in providing adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY, subject, 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 5(B) arising from its inability to obtain such approvals and perrrrits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. C. If at the time OWNERS and/or DEVELOPER propose to develop any portion or Phase of the SUBJECT PROPERTY, 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 SUBJECT PROPERTY 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 OWNERS and/or DEVELOPER to handle the waste water treatment requirements of that portion or Phase of the SUBJECT PROPERTY 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 peunit the Fox Metro Water Reclamation District to serve that portion or Phase of the SUBJECT PROPERTY then being developed or the balance of the SUBJECT PROPERTY that is not then presently served or can be served by the Yorkville Bristol Sanitary District. No individual septic systems shall be permitted in the residential portion of the subdivision. D. The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, OWNERS and/or DEVELOPER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. CH01/1{12390295.2}2[12390295.3] 6 E. The CITY agrees that if requested by OWNERS and/or DEVELOPER, the CITY shall cooperate with OWNERS and/or DEVELOPER 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 to the SUBJECT PROPERTY or any part or parts or Phase or Phases thereof then owned by the requesting OWNERS and/or DEVELOPER, 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 OWNERS and/or DEVELOPER in accordance with CITY policy as established by City Resolution No. 2002-04. 6. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to CH01/1{12390295.2}2[12390295.3] 7 guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent phases of development at the sole discretion of the DEVELOPER. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 7. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite water main, homeowners association open space areas) in each Phase of Development, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance CHO1/1{12390295.2}2[12390295.3] 8 Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said 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 15[_]called "grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, CHOU 1{12390295.2}2[12390295.3] 9 are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 9. BUILDING CODE; BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit "F". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective 1 CHOI/ {12390295.2}2[12390295,3] 10 date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit "E" attached hereto. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. B. The CITY shall act upon each application for a building penult for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development of the Phase of the SUBJECT PROPERTY. 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. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER's sole cost, at such time as sewer and water systems become available. D. 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. 1 2 CH01/ {12390295.2} 112390295.3] 11 10. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNERS and DEVELOPER to stage the development over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNERS and/or DEVELOPER, provided, however, the City can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 11. FEES AND CHARGES. A. During the first 16{ 117[five] (18{`}19[5]) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "G". At the expiration of this 20{ }21[five] (22{ }23[5]) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance, are not frozen by the specific tennis contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER 2 CHO1/ {12390295.2} [12390295.3] 12 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. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNERS and/or DEVELOPER 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 OWNERS and/or DEVELOPER) of units. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 12. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 13. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making the contributions outlined in Exhibit "H" and Exhibit "I" to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the SUBJECT PROPERTY in the manner provided for under this Agreement. 14. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and 1 2 CH01/ {12390295 21 [12390295.3] 13 collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be peniiitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit "J" attached hereto. 15. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Autumn Creek. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building pen-nits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There CH01/ {12390295.,}2[12390295.3] 14 shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units within the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 16. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order CH01/1{12390295 2}2(j239_0_253] 15 and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located permanently within dedicated right-of-way. CH01/1{12390295.2)2112390295.3] 16 17. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building peiiiiits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or t CHOI/ {4-2-3-9-02-9-5,-212[12390295.3] 17 grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to have installed street lights within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 18. OVERSIZING OF IMPROVEMENTS. [Additional language to be provided by Kelly Kramer] In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in 24{Paragraph}25[Section] 20(A) hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing by the owners of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. 19. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 20. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not CH01/ {12390/95.2}2[12390295.3] 18 located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit "K". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 21. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY 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 IEPA and the sanitary district that will serve the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and execute 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. OWNERS and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities pursuant to the provisions of this Subsection 17(B). 1 CH01/ {12390295 2)211,390295 3] 19 B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that CITY has approved OWNERS and/or DEVELOPER mass grading and soil erosion plans prior to the commencement of such mass earthwork and grading. 22. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to façade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow the anti- monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the street, or catty-corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in this Agreement. 23. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, CH01/1{12390295 2}2[1219.9193] 20 maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the SUBJECT PROPERTY. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. The Common Facilities are depicted on Exhibit"L" attached hereto26};}. B. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 24. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as stated in Exhibit "M", the CITY agrees 1 2 CHO1/ {12390295 2) [12390295.3] 21 to be the lead agency in the relocation of those utilities. Upon OWNERS and/or DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 25. 27[WETLANDS. The SUBJECT PROPERTY contains two wetland areas, one being an area within the Blackberr Creek corridor and the other bein• an area located south of Kennedy Road (the "Wetland Areas"), as such areas are identified on Exhibit "D" attached hereto. DEVELOPER's plan for the development of the SUBJECT PROPERTY will not adversel im.act the ma.orit of the Wetland Areas. A •ortion of the Wetland Area located south of Keened Road will be inco •orated into the site stormwater mana•ement elan with a lar•e stormwater mana•ement facilit constructed immediatel east of the existin• wetland. The Blackberr Creek corridor will not be adversel im'acted and will under•o ve•etative and habitat enhancements, and title to the area within the Blackberry Creek corridor will be conveyed to the Cit ue on completion of work herein described. The •arties acknowled•e that the enhancements to the Wetland Areas, including, but not limited to the wet bottom detention facilities infiltration swales and a com•rehensive erosion control elan and additional a..licable best mana•ement eractices will ade•uatel miti•ate for an activities of DEVELOPER associated with the imelementation of the pro•osed stormwater mana•ement elan for the SUBJECT PROPERTY.] 28[26. ]DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Autumn Creek subdivision in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 29{26.}30[27.] CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 1 CH01/ {1/390295.2}2[12390295.3] 22 31{27 }32E28 ] SALES TAX REBATE. In consideration of any sums advanced or obligated to be paid pursuant to any recapture agreement with respect to the construction of roads and public improvements for the benefit of the commercial portion of the SUBJECT PROPERTY, the CITY shall reimburse the owner(s) of the commercial parcel within the SUBJECT PROPERTY the sum of one-half (1/2) of the CITY's share of the Illinois Retailers Occupation Tax receipts (the "Sales Tax Rebate") received by the CITY from any and all commercial or business uses on the parcel. The Sales Tax Rebate shall continue to be paid until all funds subject to any such recapture agreement are reimbursed to the owner(s) of such commercial parcel. The CITY agrees to enter into a separate agreement with the owner(s) of the commercial parcel for this purpose. 33{28.}34[29.] CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. 35{29 }36[30.] SUBSEQUENT AMENDMENTS. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivisionfPUD or any development of the SUBJECT PROPERTY may be obtained for all or any Phase of the SUBJECT PROPERTY without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the SUBJECT PROPERTY not included in the 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 and/or DEVELOPER hereunder or any transferee of OWNERS and/or DEVELOPER of any portion or Phase of the SUBJECT PROPERTY not included in the aforedescribed actions. CHO1/1{12390295 2)2{12390295.3] 23 3713-0438[311 GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: CH01/1{12390295.2}2[12390295.3] 24 (I) If to OWNERS: Richard J. Theidel, Common Owner Hinsdale Nurseries 7200 South Madison Willowbrook, Illinois 60527 Fax: (630) 323-0918 with copies to: Jostock &Jostock 20 North Wacker Drive Suite 3800 Chicago, Illinois 60606 Attention: Eric H. Jostock, Esq. Fax: (312) 782-9890 (II) If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, Illinois 60123 Attention: Brian Brunhofer Fax: (847) 783-0892 39{ CHO1/1{12390295.2)2[12390295 3] 25 } with a copy to: Gardner Carton& Douglas 191 North Wacker Drive Suite 3700 Chicago, Illinois 60606 Attention: Julie M. Workman Fax: (312) 569-3232 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL 60560 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. 2 CH01/ {12390295 21 {12390295.3] 26 G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the temls of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or 1 CH01/ {12390295 212[12390295.3] 27 approval for the final plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with 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 SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Manager without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if deteimined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Counci1.40{-} In no event41{;} shall such major modification require an amendment to this AGREEMENT. 1 2 CH01/ {12390295.2} [12390295.3] 28 R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. [SIGNATURE PAGE FOLLOWS] CH01/ 1{12390295.2)2N/390295 3] 29 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: 421 RICHARD J. THEIDEL] LASALLE BANK NATIONAL UNITED CITY OF YORKVILLE, ASSOCIATION, AS SUCCESSOR an Illinois municipal corporation TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 15, 1977 AND KNOWN AS TRUST NO. 4198 By. Title: Mayor By: Name: Its Attest: Title: City Clerk DEVELOPER: PULTE HOME CORPORATION By: Name: Its: And By: Name: Its: 1 2 CH01/ {12390295.2} [12390295.3] 30 r r LIST OF EXHIBITS EXHIBIT "A": Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT "B": Depiction and Legal Description of Residential Parcel EXHIBIT "C": Depiction and Legal Description of Commercial Parcel EXHIBIT "D": Preliminary PUD Plan EXHBIIT "E"43[_] List of Variations EXHIBIT "El": Utilities and Public Improvements EXHIBIT "E2": Off-Site Streets and Improvements EXHIBIT "F": List of Current City Building Codes EXHIBIT "G" Fee Schedule EXHIBIT "H": School Contribution EXHIBIT "I": Park Contribution EXHIBIT "J": Signage EXHIBIT "K": Form Recapture Agreement EXHIBIT "L"44[:] Common Facilities EXHIBIT "M": Perimeter Roads for which Developer has responsibility 1 2 CH01/ {12390295.2} [12390295.3] 3l • • • Document comparison done by DeltaView on Monday, October 18, 2004 5:34:40 PM Input: Document 1 Powerpocs://CH01/12390295/2 Document 2 Powerpocs://CH01/12390295/3 Rendering set GCD Options Legend: [Insertion ] {Deletion } Moved from Moved to Style change Foiiiiat change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 23 Deletions 21 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 44 - -- -- - -- -- -------- - • _. ---- ,-1-- - 1- - -------7------T- SITE DATA : i ,� I t, , __ I _ ___, I '— -1 I i:--.2.—j:' LAND USE AREA UNITS — '" 1 I ' I I SINGLE FAMILY 211.50 Ac. 325 t lei 13,420 S.F.AVERAGE LOT SIZE ' �' a !�`� F�"' Lam. Will: #% TOWNHOMES 56.14Ac. 258 I "'MULTI I ,3,®f ac. 1 I ica,fac. I ,f,BfafF. i 1,061 -- __-- _ _ -- _-- — , — I rnauaaI �eoroa�,lOTf ' Coraa°r for 1 I w,vuaa LOT ,Y, t, r fD , L_ _J ; L- _J I L ___J L___ J (4.59 UNITS/AC) I l � �� Yr -•'1_--- ,' s. act-s. • COMMERCIAL 20.01 Ac. _ _ _ _ _ _ — i___________________ • TOTAL 1287.65 Ac. 583 UNITS 1� III ` TYPICAL LOT LAYOUT _ _—_—_—_—_—_—_—_—_—_—_—_— —_—_L_—. SCALE: 1"4S'0' DENSITY: 2.18 DU/Ac.(EXCLUDING COMMERCIAL SITE) TYPICAL TOWNHOME LAYOUT • ti . , : . ... SCALE: 1''.S0' f--... e., s'..- #.0-,,rf: .7,..,.'„..-•,;-,..„:".,:„,:„{.,,, , ,r. -''' i ,..,: .--t' ,„,-. .; t, ..- ..;'• "-7-. ., , �, t <._ •.4,;.'` . ;=r .t i 7. -rte•' i#t -- --- - _ r f 'e,.._ ,,„. 1...,- - ' ,_j�: ;.,_ •- �41111'wwi ..--. 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'�• :*`'.` ; .,','°+s t '' .,., ,•�, -r-r 5 '+'' - =r "' .;a ' }.,�., # ..°` is::-1-.7-- - .ii AUT CREEK Ite SCA E020 400 600 NORTHillOISEMINIAMINI UnririIAIMUNIIIIIIPRELIMINARY LAND PLAN NOVEMBER 9, 200422.50PeratBauknard 5.1. Elgio,Blom 60123 ,x, PCou•(407807-35 100.E(NV 783.0105 ow_•-®� > IM Y/i AtAOCIA7IR IIiI. 1 AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE KENDALL COUNTY FOREST PRESERVE DISTRICT AND THE UNITED CITY OF YORKVILLE CONCERNING THE HOOVER OUTDOOR EDUCATION CENTER PROPERTY This agreement is made and entered into this day of 2004, by and between THE UNI IED CITY OF YORKVLLE, an Illinois municipal corporation, hereinafter referred to as"City", THE KENDALL COUNTY FOREST PRESERVE DISTRICT, a body politic and corporate, hereinafter the `District'. WITNESSETH: WHEREAS,the District is authorized, pursuant to the powers granted in the Downstate Forest Preserve Act of the State of Illinois (70 ILCS 805 et seq.),to acquire property for forest preserve purposes, which includes, inter aiia,the power to acquire property for natural resource conservation and for recreational purposes; and WHEREAS,the City is authorized under the powers set forth in the Illinois Municipal Code (65 ILCS 5/1-1-1 et. seq.),to acquire, maintain and operate property for municipal purposes, which includes, inter atia, the power to acquire, maintain and operate property for recreational purposes;and WHEREAS,the District and the City have entered into a lease-purchase agreement, attached hereto and incorporated herein by references as Exhibit "A", with the Corporation for Open Lands(hereinafter referred to as CorLands), an Illinois not-for-profit corporation, to acquire the property known as the Hoover Outdoor Education Center(hereinafter referred to as the 'Property') which is further depicted in Exhibit "C", subject to minor modification agreed upon by the parties, attached hereto and incorporated herein by reference; and WHEREAS,the District and the City have determined that it is in their respective interests to enter into an agreement concerning costs for CorLands' services to acquire the Property; and WHEREAS,the District and the City have executed a use Agreement with Chicago Area Council, Inc. Boy Scouts of America regarding the cooperative use of the Property, a copy of which is attached hereto and incorporated by reference as Exhibit "B." WHEREAS,the District and the City agree that the District shall become the owner of the Property pursuant to the lease-purchase agreement with CorLands, and further agree that the District and the City agree to work cooperatively to facilitate the City's use of a portion of the Property; and WHEREAS,the District and the City agree that the Property depicted in Exhibit "C" shall be annexed to the City in accordance with the provisions of the Illinois Compiled Statutes; and WHEREAS,the District shall not object to and agrees to cooperate with the City in the execution of the documents necessary to legally annex the Property to the City;and WHEREAS,the District and the City agree to work collectively, whenever feasible in the design of both the active and passive areas of the Property; and WHEREAS,the District and the City agree to work collectively to obtain the necessary funding to purchase, operate and maintain the Property including,but not limited to, grant applications to government agencies, funding applications to private parties and funding applications to any other agency or charitable organization;and WHEREAS,the District and the City agree to cooperate in the execution of documents necessary to obtain the funding in the aforementioned paragraph;and WHEREAS,the District and the City agree that the District shall bear the responsibility for the operation and maintenance of the passive recreational areas as identified in Exhibit "C" attached hereto and incorporated herein by reference;and WHEREAS,the District and the City agree that the City shall bear the responsibility for the operation and maintenance of the active recreational areas as identified in Exhibit "C" attached hereto and incorporated herein by reference; and WHEREAS,the District and the City agree that the parties will enter into a thirty(30) year lease agreement whereby entitling the City to lease the active recreational areas as identified in Exhibit"C" for a nominal amount;and WHEREAS,the District and the City have determined that it is reasonable, necessary and desirable to enter into this Agreement; and WHEREAS,the District and the City are authorized to enter into this Agreement by article VII, section 10, of the State of Illinois Constitution of 1970 and the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.). NOW, THEREFORE, in consideration of the mutual promises, terms, and conditions set forth herein and in the spirit of intergovernmental cooperation,the parties agree to as follows: 1. The recitals set forth above are incorporated herein and made a part of this Agreement. 2. The parties agree that all of the costs due CorLands as part of the lease-purchase agreement, as enumerated in Exhibit "C"of that document, will be shared evenly, with one-half of the costs to be paid by the District and one-half of the costs to be paid by the City. 3. The parties agree that any additional costs, fees, rent or expenses associated with the lease-purchase agreement that are not enumerated in Exhibit "C" of that document and that are determined by the parties to be due CorLands shall be shared evenly, with one- half of the costs to be paid by the District and one-half of the costs to be paid by the City. 4. This Agreement is exclusive to costs associated with the lease-purchase agreement with CorLands, and specifically, this Agreement does not address any costs associated with developing, maintaining and operating the Property. 5. The parties acknowledge their intent to enter into a long-term lease, or comparable agreement for the allocation of active and passive uses of the premises, as evidenced by the"Exhibit "C". The parties expressly agree that the obligations under this Agreement are contingent upon the parties having executed the aforementioned long-term lease or comparable agreement. 6. The parties acknowledge that the United City of Yorkville Police Department shall provide police protection to the Property and the maintenance and service of the sanitary sewer and water system shall be the responsibility of the United City of Yorkville Public Works Department c E - 7. The parties agree to share the cost of construction and maintenance of common area infrastructure improvements, excluding sanitary sewer and water improvements, and maintenance at a prorated basis dependant upon usage. 8. That the District and the City acknowledge that the use of the Property shall benefit Kendall County in its entirety. Notwithstanding the preceding provisions the parties agree that the United City of Yorkville Department of Parks and Recreation and the United City of Yorkville Residences shall be entitled preferential status in the scheduling of the areas operated, maintained and managed by the City so long as the notification requirement of the District and City Reservation Policies are satisfied. 9. The parties agree to cooperate in the design and implementation and integration of architectural standards, uniform signage, lighting and other aesthetic material in an effort to maintain a uniform appearance throughout the Property. 10. The parties agree that both the District and the City shall possess the ability to develop the respective passive recreational area and active recreational area in phases. 11. That the parties agree to cooperate in the maintenance and construction of any shared facility identified in the future, including but not limited to railroad crossings, entrance monuments and roadways. 12. The District and the City agree to propose any improvements sought for the following year to the other party six (6)month prior to approval of each party's respective budget for comments. 13. Notwithstanding the terms and provisions of this agreement, in the event that a dispute may arise between the parties of this agreement for any issue not addressed in this agreement, the Kendall County Forest Preserve District shall possess the final decision making authority. 14. This Agreement may be amended or terminated only by the express written consent of both the District and the City. 15. The terms of this Agreement shall be binding on the successors and assigns of both the District and the City. 16. This Agreement is executed in duplicate and each party shall retain one completely executed copy, each of which is deemed an original. IN WITNESS WHEREOF, the parties hereto have set their hands this day of , 2004. KENDALL COUNTY FOREST PRESERVE DISTRICT Kay Hatcher, President Attest: Anne Vickery, Secretary UNITED CITY OF YORKVILLE Arthur F. Prochaska,Jr., Mayor Attest: City Clerk Page 1 of 18 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE MEETING TUESDAY, OCTOBER 19,2004 7:00 P.M. City Hall Conference Room Council Members in Attendance: Mayor Prochaska Alderman Kot Alderman Munns Alderwoman Burd Alderwoman Spears Alderman Besco Alderwoman Ohare Alderman James Alderman Sticka Non-Council Members in Attendance: City Attorney Dan Kramer City Treasurer Bill Powell Finance Director Tracy Pleckham Park&Rec Director Laura Brown Public Works Director Eric Dhuse City Administrator Tony Graff Other Guests: Please see sign-in sheet. The meeting was called to order at 7:00 p.m. by Mayor Art Prochaska. Public Hearing: None Public Works Committee: The Mayor asked for this item to go before the Committee first due to a representative from Hobas Pipe USA being present to speak before the Committee regarding this item. The Mayor stated that there is no recommendation at this time that has been brought before the Council from the results of the bid opening and is still under review. Mr. Vince Paparozzi from Hobas Pipe USA thanked the Council for letting him speak to them at this time. He stated to the Committee that there company is the fiberglass producers that are part of the low cost bid. He is asking the Committee to please not overlook the quality of their product and he is hoping the Committee will not pass up the use of their low cost product as has been passed up in previously bid jobs. He stated that this is the second job that they have bid on for the City of Yorkville and on this current job they have bid under by$24,650.00. He is concerned that the recommendations are going to the use of PVC, which is a much higher cost material with the same quality in length of life. 1 Page 2 of 18 Mayor Prochaska stressed that the City's Staff has not sent the Council any letter of recommendation regarding the bid results. At this time the Gentleman who gives the recommendation is currently on vacation, so they can not move forward with this item anyways. Mr. Vince Paparozzi asked that he could give the Committee some facts regarding their product so they have a background on the Company when it does come time to award the job. He stated that the Company has been in business from the mid `80's and worldwide they have been in business for approximately 45 years. They have supplied about 8,000 miles of product worldwide, with 3&1/2 million feet in this country. He lastly stated that they are the low cost product with lots of experience in the field. He asked the Committee to look closely at why they would spend more money on a product that will last just as long as theirs. The Committee asked if he is one of the Contractor's. Mr. Paparozzi stated no,he was the supplier and is here to help prevent the City not awarding another job to his Company. He lastly thanked the Committee for their time and left some fact sheets for the Committee to look over before the decision is made. Presentations: 1. FY 03/04 Audit Presentation: Mayor Prochaska introduced Mr. John Weber with PTW& Co. to give the presentation regarding the FY 03/04. Mr. Weber asked the Committee to open the draft of the Financial Statements to follow through as he gives them a basic overview of the final numbers for the year. He started with page 1,the Independent Auditor's Report, stating that this is where they give their opinion in the matter of how they feel that the City of Yorkville's books are in good order. It also states that they have a clean audit opinion, which is good to have. Mr. Weber moved on to pages 3 &4, which are the combined balanced sheets. Here you will see a number of funds combined together. The City ended the year with$17-18 million in investments, with around $12-13 million of this issued in the year which is earmarked for future projects throughout the City. The general fund ended the year with about $1.44 million in fund balance with the unrestricted part of the balance at $1.36 million. This balance has grown over the past few years,which the City has been trying to increase this amount and Mr. Weber stated he was glad to see the Council is making this happen in working with the Staff. Mr. Weber moved onto pg 5 which is the income statement for the year (this does not include the water fund). He stated that overall there was $13.3million in revenue that came in from operating revenues. In that,the general fund had about 2 Page 3 of 18 $6.5million of revenue. Expense wise in the general fund,the City had about $5.7 million which left the City with$724,704.00 in the general fund. Also the City had operating transfers in and out leaving the total fund balance with an increase of$427, 000.00 in the general fund. Mr. Weber went on to talk about page 6&7 which gives the Committee a more meaningful picture of the above. On these pages are shown the budget of the actual statements and for the year the revenues in the general fund exceeded the budget, leaving a positive variance of about $400,000.00. He stated that mainly came from sales tax, income tax, franchise fees, use tax and licenses, permits & fees. All these mentioned above were more income then what was anticipated in the beginning of the year. On the expenditure side,it was found that the City was favorable on expenditures at about $21,000.00, which means the City did not go over budget on expenditures in the general fund. Mr. Weber went on to state that these are very good looking numbers for the year and the City stayed in line for expenditure budget. City Treasurer Bill Powell stepped into the conversation at this point to note to the Committee that the property taxes actually went down. Mr. Weber then stated that the property taxes are only 20-25%of the City's revenue base, which is extremely good to have that low. He's glad to see the City basing their revenue in other areas and finds this a nice diversity in income. Mr. Weber moved on to page 8,which is the Water Fund, the Committee can see the total operating revenues are at$1,047,274.00 for the year. He then pointed out that operating expenses on the system were at$686,942 for the year. This left the income for the year at$360, 332.00 for the year. After that,the statement shows the transfers in and out,which most are from accumulating resources in other funds(the water improvement fund is one example)and when you actually do capital projects those assets have to be transferred into this water fund. The money is spent out of the Capital projects fund which is budgeted for,and when the work is done there is an asset that is recorded and this is where it is shown at the transfers in line. Mr. Weber went on to speak about page 9 which is the Police Pension Trust Fund. He stated there was $284,961.00 in contributions for the year leaving the net assets for the year at $796,339.00. The plan is new,but the key is that the City has to make the required contribution that is calculated and required by State Law has been fulfilled 100%by the City for the year. Mr. Weber stated that the rest of the reports are basically footnotes to the previously discussed reports. He went on to say that in these footnotes there is more detail to show the specifics. 3 Page 4 of 18 Mr. Weber finally stated that financially it was a good year and audit report for the City. Mayor Prochaska at this point asked the Committee if anyone had any questions. Alderwoman Ohare spoke first stating she had quite a few and was going to take most of them up with the Finance Director, Tracy Pleckham, at a later time. She went on to say that at the very back of the report,there were suggestions made that the City should do. Mayor Prochaska stated that the letter of recommendation would be discussed later in the meeting. Tracy Pleckham stated to the Committee that in her review of the draft of the Audit she has revised the Park&Rec Fund exhibit 9 on page 49. She found that the line item for their expenditures is shown as one line item and she has provided a new page for the draft of the Audit that shows the detail of the expenditures. She also stated that the Park&Rec Department was under budget for the year. This will be put into the final report. Mayor Prochaska pointed out to the Committee to prevent questioning later, is on page 59 it is shown that the fund balance for the Municipal Building Fund is a negative amount. He explained that this is due to the City deciding to give themselves a loan until the Developers paid off this amount for the work to be done. Mr. Graff stepped into the conversation to say that when the project closed up,the funds were short about $300,000.00. He will get the Committee an update for where this situation stands now. Mr. Weber moved the City on to discuss the Management letter that was inside the Draft of the Audit. He stated that this a smaller document that has the first page explaining that during the audit they became aware of matters that are opportunities for strengthening internal controls and operating efficiency. He went on to page 2 which explains prior points that were found to need work from the previous year's audit to explain the outcome. There were four points for discussion from the previous year. 1. The first had to do with fund equity and the City was recommended to have a formal fund balance policy, which they now do;therefore the City does need this recommendation repeated. 2. The next recommendation had to do with Deposit Collateralization. The City took care of this matter and as of April 30, 2004 all of the City's accounts are now properly insured or collateralized, therefore the recommendation does not need to be repeated. 3. This item has to do with Compensated Absences. During the current year testing of compensated absences, they noted only one employee who exceeded the 200 hour maximum and the City has already made an agreement with the employee to address the matter. 4. The last item has to do with General Ledger Activity Monitoring. The City had not properly monitored activity to ensure that funds were kept 4 Page 5 of 18 in balance and/or had proper supporting documentation. They found no such occurrences in their 2004 audit;therefore the matter is not repeated. Mr. Weber moved on to speak about what has been recommended for looking into for the current year. There were only two matters that they found needed to be taken care of in the City's Finance monitoring. 1. The first point is on interfund receivables/payables, which basically the City has a consolidated cash accounts that covers a lot of funds in the City. He stated that what will happen is when payroll goes out that comes out of the consolidated account of the City and then the current configuration of the City's general ledger does not properly recognize the temporary loans that result from such transactions. The management has found it and is rectifying the problem with the software company now. 2. The next item has to do with the water billings/receivables. During their testing they found double postings of utility payments. This resulted in the A/R subsidiary ledger not agreeing with the receivable balances on the general ledger. The problem was found in the MSI software and is being corrected. Tracy Pleckham stepped into the conversation to state that they already have the update and the problem is already resolved. Alderwoman Ohare asked a question regarding page 67 the fact of why they have no figures for the year of 2003 for the Tax Collections-All Funds and Percentage of Extensions Collected. Mr. Weber stated that this was due to 2003 taxes are now being collected in the year 2004. Tracy Pleckham added that she had been in touch with the County regarding this and believes that the 2003 taxes are approximately 99% collected. Mayor Prochaska concluded this FY 03/04 Audit Presentation and moved this item to go forward to the next City Council Meeting for acceptance. 2. PC 2004-16 Lee Farm Concept Plan—Plan Comm 10/13/04: Mayor Prochaska asked the representatives from Montalbano Homes and Glyman Design to please step forward for their presentation. Andy Fitz with Montalbano Homes stated to the Committee that they are the same Builders that we presently see behind Jewel in town now. They also do lots of work in the greater Chicago area and as well as in Arizona. He himself has been with the company for approximately 3 years and the company itself has been around for about 25 years. Mr. Fitz went on to speak about the project they are proposing now will be a Single-Family detached Subdivision which will be approximately 155 acres with an outer parcel that the seller would like to retain for a homestead. They are proposing 290 lots with a minimum of 12,000 sq. ft and the average will be 5 Page 6 of 18 14,000 sq. fl. He will turn over the descriptions of the proposal to Mr. John Glyman from Glyman Design to better explain the specifics. Mr. Fitz further stated that they met with the Park Board and had originally proposed 10 acres located towards the center of the subdivision and the Park Board requested to make a flowing greenway through the entire Subdivision to make it more accessible and be connectable later with future development. Mr. Glyman stated that they were delighted to here the Park Board's request. This being they find it always works better to give some land and then have cash to improve the parks so when the residents move in they have a ready made park. He stated that it is hard to explain the changes requested with the previous drawn plans but will try his best to show how it will flow. He stated they will be tying together a park site of about 6 acres,to end up with roughly 20 acres of open space in their southeast corner. He went on to state that there will be some detention along Pennman Road which they probably use as an entrance feature also to break up the monotony of only homes backing up to the road. They are also proposing landscape buffers and with the Plan Commission discussions they may even expand that to 50feet or more. They are sticking with a 12,000 sq. ft minimum and all the rights of ways will be fully improved and dedicated per City Ordinance. Mr. Glyman stated that they will retain as much of the current creek bed as possible which the current plans do not show. They will be reconfiguring the sight when possible with the requests of the Park Board. Mr. Glyman stated that Mr. Shoppe has requested that they even go down to having two access roads which will eliminate an entrance point off of Pennman Road. Mayor Prochaska stepped in to inform the Committee that this site will be down Ament Road approximately 1/2 mile east of Route 47 and the south side of Ament Road. The Committee discussed the issue of the homeowners who are selling to the Developers not becoming part of the City of Yorkville. This concerned the Committee Members. Mayor Prochaska stated this could be put into a policy and is actually an issue for the Economic or Public Safety issue. They also feel this should be part of the Developers concerns that they work with the sellers in urging them to become part of the City and working into the Subdivision style. The Committee also discussed the idea of having the flowing greenways to connect the park areas and maybe even eventually connecting all the future development parks to make into a trail system. Mayor Prochaska pointed out that the Park Board does have a master plan set up for a trail system currently. Overall Mr. Glyman and Mr. Fitz are delighted in working with the City and having the flexibility to design to there preferences. They are aware as well of the Historical Street Name Policy of the City. 6 Page 7 of 18 Mayor Prochaska stated now they will have to go and prepare a preliminary plan. They stated that they were here tonight to make sure the idea of the lots size was in the ball park of what the City hail in mind for development in that area. What the Park Board has requested for changes will be drawn up. Mike Shoppe stated that under the current plan that area is Estate area with a density of 0-1.5 lots per acre,but what they are proposing is Suburban which is 1.5-2.25 lots per acre. This in fact is what the City is hoping to change that area into. So in respect to what the Lee Farm Concept Plan is proposing is right on track. 3. PC 2004-17 Blackberry Woods Concept Plan—Plan Comm 10/13/04: Mayor Prochaska introduced the representatives regarding this item. Gregg Ingemunson started by introducing himself as well as Mr. Bill McCue and Ms. Kelly Knierim who will be speaking tonight. Mr. Ingemunson started by describing where the proposed subdivision would be located. It will be located directly south of the Kendall County Jail and the Dog Kennels and just west of Blackberry Creek with the main entrance coming off of Cannonball Trail. They would like to annex and rezone to R2 &R4 so that they can do a mixed development with 92 lots for the townhouse villas. They would locate the R4 section to the west. They are hoping to target the sales to the over 55 age group with the pricing around$250,000-$300,000 home prices. The lots would be 7800 sq ft lots,making them long and narrow. They would have the upscale home style with maintenance through an association just for the townhouse villas. There would be 54 lots on the single family side. There will be an access road to the west, so one of the lots shown will be gone to make an outlet for a future road to connect to it. They will have a woodchip and trail system in the southeastern corner for a nature trail along the ravine that is there now. Alderwoman Burd questioned that the Duplexes that sit in the area currently will be placed next to the proposed Single-family homes. Mr. Ingemunson stated that only a few of the lots would back up to the Duplexes. He also added that he spoke to Sheriff Randall regarding their plan to put in a impound lot next to the proposed development. Sheriff Randall stated it would have l0ft fence with barb wire on top. They are proposing to put up a buffer to separate the new development from that. The Committee discussed the possibility of making the green space flow through the development more. Alderman Kot pointed out that this plan deviates away from what is proposed in that area. The density is at 2.42 lots per acre for the proposed development. Alderman Sticka asked then if the City is getting their additional green space for the concessions for density. This is something that the Park Board is going to look into. The Park Board has already requested them to put in a park on the west 7 Page 8 of 18 side, which Mr. Shoppe feels will probably equal enough green space that the City requires. The Committee discussed the fact that if this is the feel that people will want if they are looking into age targeted homes. They suggested again the idea of having the green spaces widely available as well as the ideas of the actual home design to be elderly friendly. This meaning having flat thresholds in the home as well as wider doorways to help making the age target work better for the buyers. They also discussed keeping the association fees down for the older persons budget to be lower. Another idea brought up was to have a swing set restriction in the subdivision. The main concerns the Committee stressed to the Developers was as follows: • Having only one entrance for emergency vehicles to get in. • Having the green space spread out more as well as the detention pond area. • Going away from the original Development plan in that area. • Feel that homes backed up to the jail is not a good idea. • Feel should come back with changes before moving forward. This will come back to the Committee with the suggestions made put into their changed plans. City Treasurer: 1. April 2004 Treasurer's Report: Postponed until the next COW meeting due to just receiving the numbers today. 2. Annual Treasurer's Report: Mr. Bill Powell explained to the Committee what the report contained. He did point out that on page 67 the Water Report does show the tax rates since '98. He wanted the Committee to know that in 1999 the total tax rate for the City was .9817, and then in the year 2003 it was .7895. This information shows over a 20%reduction. He stated also to the Committee that the Real Estate Tax has not been raised. Alderman Sticka pointed out that the EAV does go up and shows an increase. Mayor Prochaska pointed out that if there are specific questions regarding the vendors that have been paid it would take some research to find all the invoices that made up the total. Mayor Prochaska stated that this will move onto City Council to accept the report and then to be published by the end of October. Detail Board Report(Bill List): Mayor Prochaska asked the Committee if they had any questions. • Alderman Munns asked Tracy Pleckham if they were taking care of getting a better contract for the long distance phone bill on page 4. Tracy Pleckham 8 Page 9 of 18 responded that she has a contract in her office that she is working on with SBC. She will keep that flowing to reduce the monthly bill. • Alderman Munns went to pages 20 &21 and asked regarding the T1 up and running, will this reduce some of the AOL accounts they now have to pay for. Tracy Pleckham responded they are still working on connecting some lines, so the amount of accounts will reduce in the near future. • Alderwoman Spears directed the Committee through her questions. Page 3 she questioned what the personnel from the Park Board seeing Mr. Kramer was about. Mayor Prochaska and Mr. Kramer stated that there is no more information that they have to speak publicly about considering the matter was confidentially sent to Mayor Prochaska. On page 5 she questioned what the Police—Tuition Diederich was for what course? She was told it was part of his Bachelor Degree. On page 5 again under Barco Products Company, what is Cease-Fire Container? She was told that was an outside ashtray to put out and dispose of cigarettes. On page 8,the last item, is the City still giving money for contributions, she thought there was going to be a policy made to control the amount. Mayor Prochaska stated he authorized that to go out,due to them sponsoring this event every year in the past and it is a low amount. On page 9 she questioned what IAMMA stood for under line item 06 in Petty Cash. She was told it was Illinois Adminicipal Mayors and Management Association which Bart Olson was sent to for updates in new information for assistants. On page 9 again, item#8 out of Petty Cash she questioned what that was. She was told that was postage and can come out of petty cash since the dollar amount is so low. On page 18, she asked if the $1,365.00 paid to Eng—Faxon Road Extension was reimbursable. Mr. Graff stated that will go into the recapture agreement when they get there. Right now they are paying,but it will eventually be billed for. On page 20, for Elan Financial Services-line item#01, she questioned what APW was for. Mr. Dhuse stated that was the American Public Works Conference. On page 21, line item 05 under the previous vendor, she questioned what IGFOA was for. She was told that was the Illinois Governor Finance Officers Association. Same page, line item 07, she questioned what Tony was doing the class for. Mr. Graff stated that class was for budget and financial management for an offsite class. Same page, line item 12 & 13, she questioned what these expenses were for. Tracy Pleckham stated that was travel for the National Recreation and Park Association which is what Becky Scheberl attended. Same page, item 17, she questioned what the Halloween toys were for. Laura Brown responded that was the toys they put in the eggs for the Halloween egg hunt they do for the Community. Same page, item 21, she questioned what the Hotel expense was for. She was told that was for Scott Sleezer attended the National Maintenance Training and was his hotel cost. Page 31, last item, she questioned what Bldg/Zone—Wall Display was for. She was told that was a pamphlet holder to hold information for the public. Page 36, the first 2 items, she questioned what these monitors and hard drives were for. She was told these were for replacement and for new employees. Page 37, item 01 under Undesser Farms, she questioned what the crop damage payment was for. Mr. Graff told her this was in reference to the Water project going north and also infrastructure project up on Kennedy Road. He stated this was approved through 9 Page 10 of 18 the Engineering Department as part of the easement agreement. Page 38, item 01 under Waubonsie Community College, she questioned if the AutoCad Book was for a specific course or in house reference. Mr. Dhuse stated it was an update put out every year. Mayor Prochaska stated with no more questions this will move forward to City Council for approval and payment. Items Recommended by Committee for Consent Agenda: 1. Resolution Declaring Official Intent for Rob Roy Interceptor—Admin 10/7/04- Tony Graff explained to the Committee what the resolutions specifics were. The Mayor then confirmed that this resolution would allow the City to recapture funds and have a partnership formed to get the project done. Mr. Graff stated that this resolution has to be in the books before they can start to recapture funds for the project. The Mayor stated that the money will come back to the City from the partnership with the developers. The Committee agreed for this item to go onto City Council as Consent Agenda Mayor: 1. Smith Engineering Proposal/Agreement for Traffic Impact& Intersection Design Study for Rt. 47 and Wheaton Avenue: Mayor Prochaska started the discussion stating that F.E. Wheaton will be expanding there business and adding approximately 100,000 sq ft to their facility. With that in mind, he went on to tell the Committee that this will bring about 1500 more jobs to the facility which in turn will increase the traffic in and out of their business. Mr. Graff went on to explain to the Committee that Smith Engineering has put a proposal together for the City. F.E. Wheaton has agreed to front the dollars for the study, but the City wants to have control, since this will be permanent to IDOT going along with the Route 47 widening project. He said there will also have to be a recapture agreement for the dollars that will come back to the City. The Committee agreed to move this onto City Council as Consent Agenda. This will be a motion to proceed,subject to the City receiving the funds from F.E. Wheaton. Alderman Kot at this point questioned Mr. Dhuse with Public Works what the progress has been with getting signs from IDOT regarding trucks entering and leaving signs for that area to warn people of the hazard. Mr. Dhuse stated the request is into IDOT. 2. 41th Annual Tri-City Challenge Sponsorship: Mayor Prochaska explained to the Committee that they are seeing this letter he is sending back to the YMCA in regards to the above event that the City is involved in yearly. The Mayor stated that they requested$1500.00 for sponsorship. Mayor Prochaska is asking that the 10 Page 11 of 18 City donate $250.00 cash sponsorship for the event as well as use of the Park and Riverfront Shelter and lastly use of the City's paid advertisements thru the media for advertisement of the event. He went on to explain that this type of Sponsorship, this type of event should be funded under tourism due to people out of the area will be coming in to the City of Yorkville for the event. The Committee discussed that the City has given the full$1500.00 in the past for this event. The Committee asked how much the other two towns involved were giving to try and be fair. That number amount will have to be looked into. The Committee agreed that this should go to City Council as Consent Agenda. 3. Draft Route 47 Resolution: Mayor Prochaska stated that he requested City Attorney, Dan Kramer to put together the Resolution that is before them to go to IDOT to help move forward the project of widening Route 47. He stated he did try to incorporate the majority concerns that the Council had. He asked the Committee to look it over so they could add any necessities before sending it off to IDOT, State Representatives, Senators,the Governor and even Dennis Hastert. This will go on to City Council for consideration to be sent out. 4. IDOT Meeting: Mayor Prochaska informed the Committee that IDOT has received 22 requests for another meeting. IDOT has to allow a time period after another meeting for more input from the public before then sending it on to Springfield to be improved. Mayor Prochaska stated he does not disagree to having the Public have more input, but this is causing more of a delay in the process. The meeting will be set for November 15, 2004 @ the Beecher Center in Yorkville from 4-7pm. Mayor Prochaska stated that he does have a chance to meet with the head of IDOT to try and help keeping the process moving. Mayor Prochaska stated that he is worried that in the veto session the leaders will be voting on the Highway Bill and if Phase I had been finished the folks helping us could have used that being fmished as some ammunition to pushing the funding for construction through with the Bill. Mayor Prochaska also pointed out that IDOT has been out in the area moving along as much of the engineering process as possible. 5. Recreation Supervisor New Hire: Tracy Pleckham, Finance Director, explained to the Committee that the new hire for Recreation Supervisor only had the benefits portion of the funds needed budgeted. The actual salary portion had been missed in the budgeting process to have a new hire in this area. Tracy stated that she did have Mr. Kramer look this over to verify the situation. She went on to say that in reviewing the Audit the Park and Rec fund balance has a surplus of $25,857.00 that usually goes to carry over funds. She stated in the memo that according to the salary scale, the fund balance amount will allow for the hiring of this position for six months as identified through the 2004-2005 budget process and in the Park and Recreation projected staffing plan. Mr. Graff explained that Tracy could just move a line item to another line item, but due to the fact that they are dealing with a fund balance,they need to take this 11 Page 12 of 18 to City Council for approval of the situation. Mayor Prochaska restated that with the vote of the Council they can then move the dollars to be used for this purpose. Laura Brown explained what the position was for and that the job description and the hiring process have already been approved. Alderwoman Spears stated that she was not comfortable using the left over funds for this purpose. Mayor Prochaska stated that the City should be using this carry over amount for needs hie this. The City has been adding to this fund over the years so the money is there. The rest of the Committee members stated they were comfortable for the City to approve this money to be used to pay for an added Recreation Supervisor to help out with the work the Park and Rec Department has, especially with adding all sorts of new programs for the Community. This item will move onto City Council under Administration for consideration. 6. Grande Reserve Proposed Lift Station: Mr. Graff started by explaining the background of the situation that the City finds itself in here. Mr. Graff explained that until the Development can achieve a right of way to send the sewer the way planned, they need to install a lift station to serve Grande Reserve Central which will pump sewage to an interceptor sewer along Mill Road. The City's Public Works Committee had previously requested that there be a unit#restriction of 200 homes limit run off this lift station. The IEPA and Fox Metro have already permitted a maximum of 1100 homes. Mayor Prochaska questioned first who was to own the actual lift station. Mr. Kramer stated that will be negotiated and so far has not been decided. He also asked who will be paying for the operation costs. Mayor Prochaska stated firmly that he would be totally opposed to the City having to pay any of that. Art Zwemke with MPI stepped in to explain the situation better for the Committee. Mayor Prochaska at this point asked if MPI had paid money to run and connect the line yet. They will be paying those bills when they come in and the amount will be approximately$350,000.00. Mr. Zwemke stated that MPI is more than responsible to pay for the maintenance and operation of the lift station, but on a longer term basis they need to work out what happens if this need goes beyond the five year plan of running this and owning the lift station at that point. Mayor Prochaska stressed the importance of getting the actual line intended ran if the entire area will be run on a lift station which the City does not want to have running. 12 Page 13 of 18 The Committee discussed the specifics of the agreement and decided the following: • That a maximum of 1085 units, 1 School, and 1 Clubhouse will flow to the lift station o 723 Single Family Lots(Neighborhood 9-16) o 64 Duplex Units(Neighborhood 8) o 298 Single Family Attached Units(Neighborhood 6&7) • The lift station will be constructed per IEPA Permit#2003-IA-4846 • The location of the lift station will be located on Lot 3002 of Grande Reserve Unit 2 Final Plat. • Access to the lift station will be off of Charles Street which is located in the existing Lynwood subdivision. • The City of Yorkville will maintain the lift station and MPI—2 Yorkville Central LLC will reimburse the city for the maintenance cost for the first 5 years of operation. (This Mayor Prochaska did not agree with as MPI had proposed. The Committee agreed that this should be put at a maximum of 5 year use. Mr. Dhuse added that maybe having the city maintaining the facility would leave them in better control, as long as it is written that the City will be reimbursed for time and expenses relating to this happening.) • At the end of the 5 years if the gravity sanitary sewer outfall is not in place and operational the lift station will be turn over to the City to own and maintain. (This Mayor Prochaska did not agree with as MPI had proposed.) Mr. Kramer stated to the Committee that the important points would be to leave the PUD obligation in place as he recommended, which then they will be just adding to the intergovernmental agreement that is being established here with what the City feels should happen. Mr. Kramer stated that putting a limit to the amount of homes ran with the lift station accomplishes anything in pushing them to get the easement to run the sewer the way they had originally planned. He feels the PUD agreement has in it that they must get the easement and change over anyways. He did suggest that it may be the best interest that either Fox Metro or City of Yorkville staff wanting to maintain the lift station with reimbursement. Mr. Kramer stressed to the Committee that the City should not agree to taking over ownership,which he will talk over further with the Staff. Mr. Graff and Mr. Kramer will get together to discuss the specifics of what the Committee has suggested to be changed in the agreement and then will send to Mayor Prochaska for final looking over. Economic Development Committee: 1. Villas at the Preserve—Annexation, Zoning, and Preliminary Plan—COW 9/7/04 and CC public hearing 8/24/04: Mayor Prochaska introduced Gary Taylor with Rathje& Woodward to speak regarding the above item. Mr. Taylor 13 Page 14of18 started by stating his Law Firm had received feed back from the City regarding the Annexation and Planned Unit Development Agreement. They made all the changes requested with a few exceptions he explained in his letter to the Law Offices of Daniel J. Kramer. Those changes not made are as follows from Mr. Taylor's letter: • Bristol-Kendall Fire District Donation: This donation is remaining at $300.00, since it is my understanding that this is the current Ordinance requirement. • Yorkville School District: This constitutes the Developer's proposal. • Arterial/Collector Road Improvement Contribution: It would appear that this is not a matter which is addressed by the Ordinances of the City, and it has not been included in the Annexation Agreement. • Page 18, Section 12: This Section deals with storage trailers, which will not have electrical service. The Agreement addresses the sales trailer and construction trailers elsewhere and you have reviewed those sections and we made your suggested changes. Accordingly,I do not believe that Section XII requires any further revision, since it is confined to just storage/material trailers. Mr. Taylor went through the above items and discussed them individually with the Committee. Mr. Jeff Hyman with Burnside Homes stated to the Committee that they have agreed with the Park District to pay 50%at final platting and the balance will be paid on a per Building basis, not per unit, to accelerate the payment to the City. They have proposed the same thing to the School District as far as a payment plan. Mr. Hyman reminded the Committee that this is an age- targeted subdivision of duplex homes. They expect most of the buyers to be without children moving out of their large family homes, so they don't expect too much burden with schooling new families. He went on to state that they have agreed to alter the payment to the Fire Department up to $1,000.00 per unit which makes an increase of about $59,000.00 in fees for the Developer. Mr. Kramer confirmed with him that the funds to be paid to the Fire Department need to be paid at the front end. Since they are agreeing to pay the higher amount,the City will allow that payment to be paid at permit. Mayor Prochaska stated to the Committee at this time, that the Developer does have to abide paying fees at the requested times according to the City Ordinances, but they do have the right to request the City to revisit the Ordinances to help work out a mutual payment plan to help each other. He feels that the City Council has been pretty receptive so far in putting an increase on fees to allow a new payment time to be set up. Mayor Prochaska ran through an overview of what they are proposing as payment for the Committee. He stated they are looking at doing land cash at 50%, 50%at permit for the Park District as well as for the School District(only on the land cash though),the issue fee will be at permit by ordinance and they are offering to pay the higher amount for the Fire Dept. to be paid at front end. 14 Page 15of18 Mr. Kramer stated to the Committee and the Mayor that he feels the Annexation and Planned Unit Development Agreement was ready to go at this time. The Committee agreed to move this item to 10/26/04 City Council Meeting for consideration. Alderman Kot lastly confirmed that the Historical Street Names would be put in place as well. 2. Concord Homes—Modified Home Layout Concept Plan—Proposed PUD Amendment—EDC 9/20/04: Mr. Graff stated to the Committee that this is to meet there objective before having a public hearing. They are basically looking to amend the PUD Agreement to change from all Duplexes to some Duplexes mixed with Town homes. Alderman Sticka stated to the Committee that the EDC Committee was okay with this request. Mr. Graff went onto state that this change will add many amenity features in the Development. Mayor Prochaska questioned what the change did to the density in the Development. Mr. Graff replied that it will increase the density by 18 units he believes. Mr. Sticka also stated the change was due to the feeling that Town homes had less chance of putting more children into the school district than Duplexes do. Mayor Prochaska stated he wasn't worried so much of the children it will bring in, as much as going away from the number of units that were originally proposed. They discussed that the layout will be the same, the change being instead of a 2-unit building, it will go up to a 3 or 4 units building. The common areas will stay the same. Mayor Prochaska does not understand why they have to increase the number of units with this change; he would like to see the density of the Development stay the same. The Committee discussed the specifics of the plan. Mr. Graff will address the issue of keeping the original#of units as originally proposed and bring back to the Committee and have they put it in writing. Mayor Prochaska then suggested that maybe they open up the area next to Route 126 to show nice, open green area next to the highway. Mr. Kramer at this point, stated to the Committee that tonight is just a discussion of concept of the plan and then they can go to public hearing. Mayor Prochaska asked if moving the Public Hearings to January would cause a problem. Mr. Graff stated that would not put any part of the process behind. Mr. Graff will get the public hearing scheduled in January, as well as scheduling the plan to go before the Park Board. 3. F.E. Wheaton Economic Initiative Agreement—EDC 9/20/04: Mr. Graff started by explaining to the Committee the memo that was given to EDC. It states that F.E. Wheaton is requesting for assistant with improvements on their site for future expansion by letting them use the additional new increment of sales tax generated from the expansion business to finance improvements which FE Wheaton will perform as front funding the project for Route 47&Wheaton Drive Intersection Design for traffic signalization, also other road improvements on the 15 Page 16 of 18 site to accommodate the expansion. They state that this would be a short term agreement and the projected additional sales tax revenue will range between $150,000 -$250,000 annually. The estimated costs for the improvements ($400,000 for the intersection alone)will be provided by the engineers within the next 7-10 days. Alderman Sticka questioned if the road to be improved is a public roadway, or would be. He went on to say that if this is not a public roadway,the City's policy has never been to return tax money to pay for on property improvements. Mr. Graff replied that he agreed that has been the policy of this Council, but in the original agreement with F.E. Wheaton they did allow some dollars to go to inside improvements. Alderman Sticka replied that they were not aware of that fact. Mr. Graff went on to say that it would be built to service as a truck access for the facility. Mr. Graff added that he would rather own it and maintain it, than the City having ownership. The Committee discussed and concluded that they did not want ownership of the side road when the improvements were finished, but they would like to see them improve the road up to the City's standards by using the tax dollars. They discussed the fact that this will bring in 40-50 new, good paying jobs and the City will get the traffic light that all feel is necessary for public safety in the area. They also discussed the point that they will continue to collect all the tax dollars that are currently coming in from the business,plus they will collect 50%of the new tax dollars that will come in. Mr. Graff added that the City will be looking at to recapture funds for the traffic light, which will give the City 50% of that cost of the light. Mr. Kramer stated that will need looking into before being sure the 50% of the traffic light cost will come back to the City. Mayor Prochaska asked to look into what impact this have on the other lot located there. He would like to know how the road works into future development in the area before missing the opportunity to have ownership of the road. Mr. Graff will get draft agreement with all their requests. The policy question is then the City is recommending that we will use new tax dollars only for this improvement. Mr. Kramer stated they will draft an agreement and just leave open the policy portion until Committee looks over. This will come back to COW in the near future. Park Board: No Report Public Works Committee: Done at beginning of Meeting Public Safety Committee: No Report 16 Page 17 of 18 Administration Committee: 1. Bond Ordinance/Trust Indenture for SSA 2004-104 Grande Reserve Central —Fixed Rate—Admin 9/9/04: Tracy Pleckham started by explaining what was included in the Committees packets. She stated the first is the Ordinance Amending the Establishing Ordinance which is just adding a tax rider onto the Ordinance. When it was originally passed there was no tax role which is common. She went on to state that the second packet is the Bond Ordinance with the Exhibits being under the mailboxes. She has had Mr. Kramer look everything over for the Committee already. Mr. Kramer stepped in to inform the Committee they have the short version of the paperwork and they have the full 20 piles of all the documentation to be looked at. Mayor Prochaska stated that this is a clean-up Ordinance to put in the language as the City requires. Mayor Prochaska then questioned what the tax role is doing with the exhibits. Tracy Pleckham explained to the Committee that the tax role is showing a per parcel amount to identify the maximum tax amount per lot and mirror images what the City is currently seeing in their 2 existing SSA's. This will table any raising of the tax. Mr. Peter Raphael stated that they adopted the establishing ordinance approximately a month ago,which at that time the numbers were not finalized yet. The Amendment is due to the numbers being ready and finalized and they now are adding on the special tax role, which allocates the tax for all the parcels for the above specified part of the Grande Reserve Development. This is the first that they will be attaching the final numbers on. He went on to stated that the second Ordinance, which is the Bond Ordinance which authorizes the issuance of the Bonds and the exhibits that go along with that are the main documents,or trust indenture. These trust indentures are identical to those of Raintree Village and WindDent Ridge, which the Committee has already seen. Mr. Kramer stated that the Committee needs to do a role call vote with this so the Bonding Company can see the ayes and nays of each Alderman's vote. The Committee will move this on to City Council for consideration. 2. Intent Resolution for Raintree Village Phase II SSA—Admin 10/7/04: Mr. Peter Raphael that this is similar to the Intent Resolution that was spoken of earlier for the Rob Roy Creek Interceptor,this is a non-binding resolution basically stating that if Raintree spends the money doing public infrastructure up there,they will have the ability to recapture that money once the bonds are issued. He stated that there was a second Bond Issue that was proposed for that Development that will probably be coming back in spring or early summer and so any money that they spend between now and when the bonds are issued,they would like to recover and this is the procedural item required by the IRS to have the dollars recovered. 17 Page 18 of 18 Alderwoman Ohare questioned why RainTree was not written on the form being shown to the Committee. Tracy Pleckham stated that they were looking at an original,and the one that was at the Administration Committee Meeting did have the correct names written in the agreement. She will make sure that the Committee does get the correct form. The Committee agreed to move this forward to City Council for consideration. Additional Business: 1. Alderman Munns requested that Administration look into having a consistent Memo form for the City to use. He pointed out that there are all sorts of forms being passed around and feels this should be kept consistent and professional. Mr. Graff stated he will have the City Staff take care of this so that it does not have to go to Committee. 2. Alderwoman Spears requested an update on the grant writer's spreadsheet at the next COW meeting. Tracy Pleckham stated she could get that to the next Administration Meeting and then on to COW. 3. Alderman Besco stated he spoke to Mr. Eric Dhuse regarding Kennedy Road and how it is very uncomfortable to drive down. He stated that they did the road crossings and left the asphalt low with using a cold pack. Mr. Dhuse is talking to the Contractors to have them pull it out and have done correctly. 4. Alderwoman Ohare questioned how the Company that was hired by the City for Water Bill Collections was doing. Tracy Pleckham replied that the work was ongoing and good. Tracy will bring back some follow up on what they have done for the Committee to look at. 5. Mayor Prochaska stated that the City will be receiving a check from the Moose for the Dog Run Donation next Tuesday along with a presentation. 6. Mayor Prochaska stated Safe Group which is a group of students from the High School did a river clean-up last weekend and did a very nice job. Mayor Prochaska will be sending them a Thank-you for their time. The Committee agreed that this was an excellent thing done and they deserve the Thank-You. 7. Alderman Kot pointed out that the next Public Safety Meeting has been moved and all will be notified when the November schedule goes out. The meeting was adjourned at 10:02 p.m. Minutes by: Sheila Teausaw 18 1, i 14 ','c. ''' circa United City of Yorkville Memo i"\4_, f �?. �` 800 Game Farm Road Est ,� ,___ ass Yorkville, Illinois 60560 `~ Telephone: 630-553-4350 � i`r:� Fax: 630-553-7575 Ke:4County LLE ®�`' Date: November 5, 2004 To: Mayor Prochaska From: Annette Williams CC: Elected officials Subject: National League of Cities I spoke with an NLC membership representative today. She strongly suggested that we begin our membership process as soon as possible (charge vs. a purchase order). The two year discounted rate is $1193. The sooner our information and payment reaches their database, the easier our conference registration will be. The conference begins on the 30th and ends Saturday, December 4th. The 2005 conference will be in Charlotte, North Carolina. There will be a legislative conference in Washington, D.C. in March that members will also be invited to attend. If we choose to attend the conference, we will receive two complimentary registrations (they are normally $345 each). The complimentary registrations are non-transferable to other members. Each additional registration is $345. First time attendees are encouraged to attend a session followed by an open reception, beginning at 5:45 PM on Wednesday, December 1st On Nov. 29th and 30th, there is an emphasis on leadership training, at costs not included in to registration fees. The only additional charge/s at the Indianapolis conference would be a $35/per person charge for an ecumenical breakfast on Saturday. The last day is scheduled with voting and a closing ceremony, hosted by the City of Indianapolis, which can run late on Saturday pm. Hotel availability can be checked on line at http://www.nlc.org. Hotels accommodations are filling up fast. 4::',*` c,,17)-0 United City of Yorkville Memo Q ; , '" 800 Game Farm Road EST.litl ‘.11-1--. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 K tlaGnu,ry\\N„...............)*1" .0 Gcusos� Fax: 630-553-7575 t(E ® Date: November 5, 2004 / / To: Mayor& City Council ;1 ".---7" ,./ From: Traci Pleckham—Finance Directo . ,, Subject: National League of Cities Funding Upon review of the City's FY 2004-2005 Budget, the NLC Membership of$1,193 can be expensed out of Public Relations. This line item has a budgeted amount of$11,000—to date the City has spent $2,733.03. In regards to the conference, should more than two elected officials attend, I would recommend the registration fee be expensed out of the Public Relations line item as well. For hotel expenses, the Travels/Meals/Lodging line item has funds available to cover these types of expenses. 4. L ,,cE° c,rr United City of Yorkville . ' 0 County Seat of Kendall County l 800 Game Farm Road EST.4 ` 1836 Yorkville, Illinois, 60560 *---....._—_-__= Telephone: 630-553-4350 p ill S 4i ® Fax: 630-553-7575 .4, "mtd1C..x ,� Website: www.yorkville.il.us November 2, 2004 Arthur F. Prochaska, Jr., Mayor Aldermen United City of Yorkville 800 Game Fano Road Yorkville, IL 60560 RE: United City of Yorkville /IDNR/ Glen Palmer Dam Improvement Project Dear Ladies and Gentlemen: Please be advised that I have reviewed the Intergovernmental Agreement between the United City of Yorkville and the State of Illinois Department of Natural Resources concerning the improvements to the Glen Palmer Dam. I believe the Illinois Department of Natural Resources has incorporated the requested revisions of the United City of Yorkville into the Intergovernmental Agreement to their greatest extent possible. Furthermore, I believe that the City's legal interests are protected through this document as it incorporates the previous Intergovernmental Agreement entered into by the parties. Should you have any questions or wish to further discuss this matter please feel free to contact me. Very truly yours, /4b Kelly A. Kramer Attorney at Law KAK/pdc 11/04/2004 13: 18 FAX 630 553 5764 DANIEL J. KRAMER a002/007 .ce.p ��r United City of Yo County Seat of Kendall County 800 Game Farm Road Es-r. `� �'�°' Yorkville, Illinois, 60560 Telephone: 630-553-4350 ' , y Fax: 630-553-7575 Website: www,yorkville.il.us '474LE NY No er 4, 2004 Attorney Melissa Barnhart Pilmer&Barnhart PO Box 367 Yorkville,IL 60560 RE: United City of Yorkville—Holdiman Real Estate Purchase • Dear Melissa: Enclosed please find a copy of the proposed Real Estate Contract for the above referenced property. Please review the same with your Clients and contact my office if it is acceptable or if there are any requested changes. Additionally please be advised that since the purchaser is paying the closing costs for the above referenced transaction, our office has ordered Title through Chicago Title Insurance Company. I will forward the same to your office upon receipt. Should you have any questions, or wish to further discuss this matter,please feel free to contact me. Very truly yours, elly A. Kramer Attorney at Law KAK:rg STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) GRANT OF SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT is entered into this day of , 2004 by and between GARY L. CONOVER of the County of Menard, DELORES C.L[FS, GAIL C. FISHER, and DIANE J. CONOVER, County of Kendall, State of Illinois (hereinafter collectively referred to as the "GRANTORS"), YORKVILLE-BRISTOL SANITARY DISTRICT, a body corporate and politic, of Bristol Township, County of Kendall, State of Illinois (hereinafter referred to as the "GRANTEE") and THE UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation(hereinafter referred to as the "CITY") WITNESSETH: WHEREAS, GRANTORS and GRANTEE have negotiated a Grant of Easement a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" (hereinafter referred to as the "SUBJECT PROPERTY"); and WHEREAS, the CITY, GRANTORS and GRANTEE have agreed to assume certain obligations and responsibilities in relation to this grant of easement, which are detailed herein and in the attached Exhibit "A". 1 NOW, THEREFORE, for and in consideration of ten and 00/00 dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. That the foregoing recitals and exhibits are incorporated as if fully set forth herein. 2. In consideration for execution of said Grant of Easement the granting of the permanent easement and temporary construction easement as contained in the written Grant of Easement to which this document is appended, the CITY agrees to pay GRANTOR the sum of one and 00/00 dollars ($1.00)per square foot for the 152,733 square feet for the permanent easement acquisition. 3. The GRANTORS shall be entitled to connect the existing lots and houses located on Conover Lane in Bristol Township,Kendall County, Illinois, not to exceed five (5) hook ups to the sanitary sewer line and three (3) additional hook ups to the sanitary sewer line of the Rob Roy Interceptor upon execution of this Agreement. In the event GRANTORS request hook up to the CITY sanitary sewer system,the CITY agrees to advance to the GRANTEE on behalf of the GRANTORS, all fees due the GRANTEE for the annexation, infrastructure, and hook up fees owed to the GRANTEE. The GRANTEE agrees that if the CITY advances those fees it will be at the rate charged at the date of execution of this Agreement. The CITY agrees that the aforementioned sanitary sewer hooks shall be transferable by the GRANTEE. 4. The GRANTEE and CITY shall indemnify and hold GRANTOR harmless and defend them, and each of them, from and against any and all claims, actions, 2 damages, liability, losses, expenses and liens, including (but not limited to) reasonable attorneys and other professional fees, arising out of any occurrence causing injury or damage to any person(s) or property, whomsoever and wheresoever, and resulting from or caused by any acts or admissions of grantees, their employees, agents, licensees, contractors, successors and assigns in exercising any of the rights and privileges granted herein. GRANTORS: / GARY L.,tONOVER X,/)._nto-u.e,) C DELORES C. LIES GAIL C. FISHER DIANE J. CONbVER Date: 6c:r ` ,U, 4'' c')(%(' yr 3 CITY: THE UNITED CITY OF YORKVILLE BY: Attest: Date: 4 GRANTEE: YORKVILLE-BRISTOL SANITARY DISTRICT BY: Attest: Date: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 5 GRANT OF EASEMENT TO THE YORKVILLE-BRISTOL SANITARY DISTRICT PLAT OF EASEMENT TO ACCOMPANY GRANT OF EASEMENT AS PREPARED BY WALTER E. DEUCHLER ASSOCIATES, INC. AND ATTACHED HEREWITH AS EXHIBIT A: THE GRANTORS,Gary L. Conover,Delores C.Lies,Gail C.Fisher and Diane J. Conover, each to an undivided one fourth interest, County of Kendall, State of Illinois, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, in hand paid, receipt whereof is hereby acknowledged, do hereby grant and convey to Grantee, YORKVILLE- BRISTOL SANITARY DISTRICT, a body corporate and politic, of Bristol Township, Kendall County,Illinois,an easement to construct,operate,maintain,inspect,remove,replace and reconstruct sanitary sewer pipeline, together with such equipment and appurtenances as may be necessary or convenient in connection with the proper functioning of such sewer pipeline, over, along,upon,across and under the strip of real estate legally described on Exhibit A attached hereto and made a part hereof as TRACT B. Further, the Grantors grant to Grantee the right of ingress and egress to and from the easement for all purposes incidental to the Grantee's exercise of the easement rights herein granted. Finally, Grantors grants to Grantee a temporary construction easement over, along, upon, across and under the tract of real estate legally described on Exhibit A attached hereto and made a part hereof as TRACT C. The Grantor makes the grant of the aforesaid rights and easements to the Grantee as and from the date hereof subject to the following terms and conditions: 1. The Grantee intends to construct improvements within the easement tracts to serve the Grantor's lands and other lands with sanitary sewer. The lands that shall have the benefit of the sanitary sewer easement(the so-called dominant estate)shall be all real property owned or served by the Grantee, including, but not necessarily limited to: A part of the Southeast Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, and a part of the Northeast Quarter of Section 32, Township and Range aforesaid, commencing at the center of the south line of Block 18 in the original Town of Bristol; thence southerly along the extension of the centerline of said Block 18, 66.00 feet to the southerly line of Main Street; thence westerly along the southerly line of Main Street, and along said line extended westerly, 221.10 feet to a point, said point being the point of beginning in the description of the property described in a deed from the State of Illinois,Department of Conservation, to the Yorkville-Bristol Sanitary District, dated January 26, 1956 and recorded in Deed Record Book, 114,page 436 of the records of the Recorder of Kendall County, Illinois; thence North 44° 00' West, 153.12 feet; thence North 51° 00' West, 127.38 feet; thence North 53° 00' West, 177.54 feet; thence North 62° 00' West, 80.52 feet; thence North 66.00 feet; thence North 74° 30' West, 180.18 feet; thence North 69° 15' West, 252.12 feet; thence North 66° 00' West, 495.00 feet; -1- thence South 16° 33' East, 106.65 feet to the point of beginning from said point of beginning; thence South 16°33'East, 170.20 feet; thence South 47° 15'East, 363.09 feet; thence North 64° 30' East, 328.68 feet; thence North 66° 20' West, 667.93 feet to the point of beginning. 2. Grantee shall install the sewer pipeline and all appurtenances and facilities in the easement tracts at a depth not less than five (5) feet. Depth of sanitary manhole covers will vary depending on locations. In the course of installing the pipeline the Grantee shall undertake topsoil replacement procedures as follows: The actual depth of the topsoil will first be stripped from the area to be excavated for the sewer pipeline. All subsoil material which is removed from the trench will be placed in a second stockpile that is separate fro the topsoil stockpile. In backfilling the trench, the stockpiled subsoil material will be placed back into the trench first, and the topsoil replaced next. The topsoil must be replaced within the trench so that after settling occurs,the topsoil's original depth and contour(with an allowance for settling) will be achieved. In no instance will the topsoil materials be used for any other purpose. 3. If Grantor's underground drainage tile is damaged by the sewer pipeline installation, Grantee will repair the damaged tile line in a manner that assures the tile line's proper operation at the point of repair. 4. Grantee shall remove all construction related debris and material which is not an integral part of the sewer pipeline, including, without limitation, all litter generated by the construction crew. Following construction, Grantee shall restore the right of way to its pre-construction elevation and contour as soon as practical should uneven settling or surface drainage problems develop. Grantee shall cure all substantial ruts left after the pipeline construction. 5. Grantee shall be liable to Grantors for a period of 3 years for any crop losses as a result of construction of the sewer pipeline at $400.00 per acre/per year. Grantee shall also be liable to compensate for any crop losses by the Grantee's need to go upon the easement tracts to do maintenance, repair or replacement of the sewer improvements once such improvements are installed at the same rate of$400.00 per acre. Grantee shall have the right to go upon the easement tracts from time to time to cut,trim or remove any trees, shrubs, or other plants growing within the easement tracts when Grantee reasonably believes that such trees or shrubs or other plants do interfere with the purposes of the easement. -2- 6. The easement hereby granted shall be an perpetual easement. The Grantor shall have the right fully to use and enjoy the said premises except as the same may be necessary, convenient or incidental to the purposes herein granted to the Grantee and except as otherwise specifically provided as follows: a) Grantor reserves the right to construct roads, streets, sidewalks and utilities across the easement tracts at right angles, but Grantors must notify Grantee, in writing, at least thirty(30) days in advance, of any such construction. Said advance written notice shall include engineering plans for such construction. Grantee reserves the right to review said engineering plans and request any modifications to them that is in accordance with the then current, industry acceptable, engineering standards necessary to protect the integrity of the sewer pipeline facilities. Grantee's review of said engineering plans shall be completed in a timely manner and Grantee's approval for such construction shall not be unreasonably withheld. b) Grantor shall not materially alter the grade of the easement tracts without the prior, express written consent of the Grantee W t^' V Cr) "4 s`^``'`l et' b� u�n(Lo siki (,);+Hheid ordeIck y1d . c) Grantor shall not excavate, drill, install and erect, or permit to be excavated, drilled, installed or erected on, over,under or across the said easement tracts any pit, well, foundation, or other similar permanent structure without Grantee's prior, express written consent. d) Grantor reserves the right to dedicate public right of way to any governmental governing entity across the easement tract, subject to the easement rights hereby granted. Grantee's consent shall not be required for the dedication of Grantor's land for said public right-of-way purposes. e) Grantor reserves the right to construct a normally dry storm water retention facility over the easement tracts, provided, however, that the following restrictions shall apply: 1. No regrading of said easement areas to a slope in excess of 6% shall be permitted without prior approval by the Fox Metro Water Reclamation District. 2. The rim elevations of all sanitary sewer manholes within the retention area shall be adjusted to be a minimum of 1 foot above the retention facility design high water elevation. 3. The design of all such retention facilities shall be subject to the review and approval of the Grantee u,vs;�L c ..tranA.la or ctt IA-ye . -3- 4. The easement rights hereby granted shall not preclude the granting of easement rights to parties responsible for the operation and maintenance of said storm water retention facilities, however, such parties shall be bound by restrictions contained herein. f) The Grantors may allow easements for other utilities purposes to cross the easement tracts hereby granted, provided, however, that each other utility easement may cross only at a right angles and no electrical transformers, nor switching equipment, nor junction boxes, nor other electrical system appurtenances shall be allowed within the easement tracts in any case. 7. The Grantee agrees that upon obtaining all necessary easements and government agencies permits that it will immediately advertise for bids, award the contract to start construction, and complete the installation of the sanitary sewer in a timely fashion. 8. Grantee shall indemnify and hold Grantors and Grantor's successors and assigns harmless from and against all claims, injuries, suits, damages, costs, losses, and reasonable expenses resulting from or arising out of the laying, maintenance, removal, repairs, use, or existence of the sewer pipeline, including damage to such pipeline or any of its appurtenances and the leaking of its contents,-except where the claims,injuries,suits,damages,costs,losses,and expenses arise out ofthe negligence or intentional acts of the Grantor and Grantor's agents, successors or assigns. 9. The grant of easement is made and executed by the Grantor subject to any and all easements and covenants, conditions and restrictions of record. 10. The temporary construction easement hereby granted shall be for the purpose of temporary construction activity that the Grantee deems necessary or desirable for the proper installation of the sewer line improvements. The temporary construction easement shall terminate automatically on the date when the Grantee makes final acceptance and approval of the construction of the permanent improvements. Upon termination Grantee will return the lands affected by the temporary construction easement in a condition as nearly as is possible and practical to the condition that existed just prior to the commencement of construction. 11. Grantee represents that it has determined that its sewer line facilities,based on 8 P.E. per acre, do have sufficient capacity to serve adequately the needs of Grantors' real estate tracts should such tracts eventually be developed for either commercial or residential purposes. 12. Until such time as Grantor or Grantor's successors or assigns shall seek to attach service mains to the sewer pipeline in order to service Grantor's real estate tracts, -4- Grantee shall have no right to obtain from Grantor the payment of money or any other form of consideration as and for a connection fee or otherwise. Grantee shall not levy a special assessment against Grantors on account of the installation of the sewer line improvements on Grantor's real estate. No provision herein shall be regarded as Grantee's waiver of Grantee's right to collect said sanitary sewer service area fees as required under Grantee's ordinances from time to time. Grantee's fees charged to builders and users within the Grantor's property as set forth in this document shall be at a rate no higher than those current rates charged to other builders and users within the same sanitary sewer service area. 13. 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, agreement, conditions, and obligations contained herein. Venue for any action is in the Circuit Court of Kendall County, Illinois. 14. 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 term, covenant, agreement, or condition, but the same shall continue in full force and effect. 15. This agreement supersedes all prior agreement and negotiations between the parties and sets forth all promises,inducements, agreements, conditions,and understanding between and among the parties relative to the subject matter hereof. There are no promises,agreements,conditions,or understanding,either oral or written,express or implied, between or among them, other than are herein set forth. 16. 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. 17. 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. 18. All notices, elections and other communications between the parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the parties at the following addresses, or at such -5- other address as the parties may, by notice, designate: If to the Grantee: Yorkville-Bristol Sanitary District P.O. Box 27 Yorkville, IL 60560 If to the Grantors: Attorney Ronald M. Hem Downers Place Executive Center 1961 W. Downer Place Aurora, IL 60560-4384 Notices shall be deemed received on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 19. This agreement,including all the covenants and conditions herein contained,shall be construed as creating a right of way and easement appurtenant to property owned by the Grantors, and shall extend to, be binding upon and inure to the benefit of the heirs,executors, administrators,successors in title, agents and assigns of the Grantor and Grantee respectively. .4 IN WITNESS WHEREOF, the undersigned have executed this agreement the 1 —day of 62. v 2004. GRANTORS: ---c_ci-L-fil ,".k 4,c,...c.,-- e 4:66,2--) 7ary L. Conover7` Delores C. Lies \Li L . :IA.,. Le_ Gail C. Fisher Dian J. Conover -6- ACKNOWLEDGMENT State of Illinois ) )ss County of ) I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that 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 acknowledged that they signed and delivered said instrument as their own free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 2004. Notary Public -7- GRANTEE: Yorkville-Bristol Sanitary District By: (SEAL) Attest: ACKNOWLEDGMENT State of Illinois ) )ss County of Kendall ) I, , a notary public in and for said County in the State aforesaid, DO HEREBY CERTIFY THAT , President of YORKVILLE-BRISTOL SANITARY DISTRICT, and , Clerk of YORKVILLE-BRISTOL SANITARY DISTRICT,personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Clerk appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act as such President and Clerk for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of ,2004. Notary Public G:\78 8\04050-00\2-CONOVER-EASEMENT.wpd -8- PLAT TO ACCOMPANY EASEMENT teSiN ROB ROY CREEK INTERCEPTOR SCALE: 1"=1000' 79.20 30 29 U.S. ROUTE NO. 34-------:._:j_._______- ----- i 4 -- 1 I - i----30' PERPETUAL EASEMENT (TRACT B) -, I 1 II W Ii' \� Ii 75 (TR' TEMPORARYACTC) CONSTR. EASEMENT 4i I IIII L6; II -. II �R C 4 1 P P l FtPG P> Ii IIII ' I. It III I II I o II o i Ii 30.29 N ,), II 31 rif (EXCEPTION) ��h�1 II -\ ) 1 1 I I. KL/MEK SUB �� DOC 79-1831 NORTH RIVER ROAD y� • 403.95 �- 454'•; i -'N 00.53E -_ NORTH RIVER ROAD -- - gs • 9 �,9<„7":61:776; ? S 866, '*'Sri ^ N 2.�> S&g �S 705.:6: �\I Z a 5' . V1 ,- _��') H' I2(',,' I EXHIBIT A WALTER E. DEUCHLER ASSOCIATES, INC. SHEET 1 Consulting Engineers - Aurora, Illinois OR 4 REVISIONS PLAT TO ACCOMPANY EASEMENT CAD DWG: \vv\oaoso\coNovER.Dwc ROB ROY CREEK INTERCEPTING SEWER DESIGNED DHS APPROVED DHS BOOK 955 JOB NUMBER CONOVER PROPERTY DRAWN DHS DATE 09/26/04 SCALE 1"=1000' 788 04050 00 TRACT A 09/27/04 THAT PART OF THE EAST HALF OF THE EAST HALF OF SECTION 30 LYING SOUTHERLY OF THE SOUTHERLY LINE OF U.S. ROUTE NO. 34 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE EAST HALF OF THE NORTHEAST FRACTIONAL QUARTER(NORTH OF THE FOX RIVER)OF SECTION 31,SAID TOWNSHIP AND RANGE, LYING NORTHERLY OF THE CENTERLINE OF RIVER ROAD, (EXCEPTING THEREFROM ANY PART OF SAID SECTIONS 30 AND 31 FALLING WITHIN THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 31, 277.6 FEET TO THE CENTERLINE OF NORTH RIVER ROAD; THENCE SOUTH 86°06' 00" WEST ALONG SAID CENTERLINE, 746.6 FEET; THENCE SOUTH 84° 36' 00" WEST ALONG SAID CENTERLINE, 292.35 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 00° 53' 00" EAST, 403.95 FEET; THENCE NORTH 87°12' 00'WEST,295.1 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 00° 53' 00" WEST ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, 454 FEET TO SAID CENTERLINE OF NORTH RIVER ROAD; THENCE NORTH 82° 46' 00" EAST ALONG SAID CENTERLINE, 202.65 FEET; THENCE NORTH 84° 23' 00" EAST ALONG SAID CENTERLINE, 93.7 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT B PERPETUAL EASEMENT 09/27/04 THE EASTERLY 30 FEET OF THE FOLLOWING DESCRIBED LANDS: THAT PART OF THE EAST HALF OF THE EAST HALF OF SECTION 30 LYING SOUTHERLY OF THE SOUTHERLY LINE OF U.S. ROUTE NO. 34 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE EAST HALF OF THE NORTHEAST FRACTIONAL QUARTER(NORTH OF THE FOX RIVER)OF SECTION 31,SAID TOWNSHIP AND RANGE, LYING NORTHERLY OF THE CENTERLINE OF RIVER ROAD, (EXCEPTING THEREFROM ANY PART OF SAID SECTIONS 30 AND 31 FALLING WITHIN THE FOLLOWING DESCRIBED PROPERTY: SHEET 2 OF 4 CONOVER PROPERTY COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 31, 277.6 FEET TO THE CENTERLINE OF NORTH RIVER ROAD; THENCE SOUTH 86° 06' 00" WEST ALONG SAID CENTERLINE, 746.6 FEET; THENCE SOUTH 84° 36' 00" WEST ALONG SAID CENTERLINE, 292.35 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 00° 53' 00" EAST, 403.95 FEET; THENCE NORTH 87°12' 00'WEST,295.1 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 00° 53' 00" WEST ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, 454 FEET TO SAID CENTERLINE OF NORTH RIVER ROAD; THENCE NORTH 82° 46' 00" EAST ALONG SAID CENTERLINE, 202.65 FEET; THENCE NORTH 84° 23' 00" EAST ALONG SAID CENTERLINE, 93.7 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT C TEMPORARY CONSTRUCTION EASEMENT 09/27/04 THE WESTERLY 75 FEET OF THE EASTERLY 105 FEET OF THAT PORTION OF THE FOLLOWING DESCRIBED LANDS LYING NORTHERLY OF A LINE CONSTRUCTED 50 FEET SOUTHERLY OF, AND PARALLEL WITH, THE MOST NORTHERLY LINE OF KLIMEK SUBDIVISION,RECORDED APRIL 16, 1979 AS DOCUMENT 79-1831 IN KENDALL COUNTY, ILLINOIS. THAT PART OF THE EAST HALF OF THE EAST HALF OF SECTION 30 LYING SOUTHERLY OF THE SOUTHERLY LINE OF U.S. ROUTE NO. 34 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE EAST HALF OF THE NORTHEAST FRACTIONAL QUARTER(NORTH OF THE FOX RIVER)OF SECTION 31,SAID TOWNSHIP AND RANGE, LYING NORTHERLY OF THE CENTERLINE OF RIVER ROAD, (EXCEPTING THEREFROM ANY PART OF SAID SECTIONS 30 AND 31 FALLING WITHIN THE FOLLOWING DESCRIBED PROPERTY: SHEET 3 OF 4 CONOVER PROPERTY COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 31, 277.6 FEET TO THE CENTERLINE OF NORTH RIVER ROAD; THENCE SOUTH 86°06' 00" WEST ALONG SAID CENTERLINE, 746.6 FEET; THENCE SOUTH 84° 36' 00" WEST ALONG SAID CENTERLINE, 292.35 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 00° 53' 00" EAST, 403.95 FEET; THENCE NORTH 87°12' 00' WEST,295.1 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 00° 53' 00" WEST ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, 454 FEET TO SAID CENTERLINE OF NORTH RIVER ROAD; THENCE NORTH 82° 46' 00" EAST ALONG SAID CENTERLINE, 202.65 FEET; THENCE NORTH 84° 23' 00" EAST ALONG SAID CENTERLINE, 93.7 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. THIS IS TO CERTIFY THAT THE PLAT HEREON WAS PREPARED BY WALTER E. DEUCHLER ASSOCIATES, INC., AN ILLINOIS PROFESSIONAL DESIGN FIRM CORPORATION FOR THE PURPOSE OF ILLUSTRATING A PROPOSED EASEMENT. IT IS FURTHER CERTIFIED THAT SAID PLAT WAS PREPARED FROM EXISTING RECORDS AND THAT NO FIELD LAND SURVEY WAS PERFORMED. DATED AT AUR►.RA, �ILLINOIS THIS L©T DAY OF ;�f N111 FerP� � ' , 2004. �.lCljPd !y _�il�•�/�flPh. 184_001830t WALTER E. I EU LER ASSOCIATES, INC. It_ peonssma, FiRm z ILLI OIS PROFESSIONAL DESIGN t. a P° ' °N CORPORATION NO. 1830 . !WHOM �Oed QdT .i9 t4�� e� �e;e, 29 FLt"` 'OS �dGl4FR I E36i i949E9g6F SHEET 4 OF 4 CONOVER PROPERTY 11/04/2004 13: 16 FAX 630 553 5764 DANIEL J. KRAMER a003/007 REAL ESTATE SALES CONTRACT Form B 1. THE UNITED CITY OF YORKVILLE(Purchaser) agrees to purchase at a price of$ 435,600.00 on the terms set forth herein, the following described real estate in Kendall County,Illinois: See attached legal description(Exhibit A) and with approximate size of 43,560 square feet located on State Route 47. 2. CLA.R.ENCE HOLIDMAN et. al. (Seller) agrees to sell the real estate and the property described above, if any, at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto by a recordable warranty deed,with release of homestead rights, if any, and a proper bill of sale, subject only to: (a) covenants, conditions and restrictions of record; (b)private,public and utility easements and roads and highways, if any, (c)party wall rights and agreements, if any; (d) existing leases and tenancies,if any; (e) special taxes or assessments for improvements not yet completed; (f)installments not due at the date hereof of any special tax or assessment for improvements heretofore completed; (g)mortgage or trust deed,if any; (h) general taxes for the year 2004 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s) 2004; and to 3. Purchaser has paid$10,000.00 as earnest money to be applied on the purchase price. (a) The payment of 5425,600.00. 4. Seller, at his own expense, agrees to furnish Purchaser a current plat of survey of the above real estate made, and so certified by the surveyor as having been,made, in compliance with the Illinois Land Survey Standards. 5. The time of closing shall be on December 1, 2004 or on the date, if any, to which such time is extended by reason of paragraph 2 or 10 of the Conditions and Stipulations hereafter becoming operative(whichever date is later), unless subsequently mutually agreed otherwise, at the office of Chicago Title Insurance Company or of the mortgage lender, if any,provided title is shown to be good or is accepted by Purchaser. 6. Seller agrees to pay a broker's commission to N/A in the amount set forth in the broker's listing contract or as follows: N/A 7. The earnest money shall be held by Sellers' Attorney for the mutual benefit of the parties. 8. Seller warrants that Seller, its beneficiaries or agents of Seller or of its beneficiaries have received no notices from any city, village or other governmental authority zoning,building, fire or health code violations in respect to the real estate that have not been heretofore corrected. • 9. A.duplicate original of this contract, duly executed by the Seller and his spouse, if any, shall be delivered to the Purchaser within 5 days from the date hereof,otherwise,at the Purchaser's option,this contract shall become null and void and the earnest money shall be refunded to the Purchaser. This contract is subject to the Conditions and Stipulations set forth on the next page hereof, which Conditions and Stipulations are made a part of this contract. 1 11/04/2004 13: 16 FAX 630 553 5764 DANIEL J. KRAMER l 004/007 CONDITIONS AND STIPULATIONS 1. Purchasers has obtained, at Purchasers Cost,the plat of survey(if one is required to be delivered under the terms of this contract) and a title commitment for an owner's title insurance policy issued by the Chicago Title Insurance Company in the amount of the purchase price, covering title to the real estate on or after the date hereof, showing title in the intended grantor subject only to (a)the general exceptions contained in the policy, (b) the title exceptions set forth above, and (c) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Seller may so remove at that time by using the funds to be paid upon the delivery of the deed(all of which are herein referred to as the permitted exceptions). The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller also shall furnish Purchaser an affidavit of title in customary from covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (b) and(c) and unpermitted exceptions or defects in the title disclosed by the survey, if any, as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below. 2, If the title commitment or plat of survey(if one is required to be delivered under the terms of this contract) discloses either unpermitted exceptions or survey matters that render the title unmarketable (herein referred to as "survey defects"), Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to correct such survey defects or to have the title insurer commit to insure against loss or damage that maybe occasioned by such exceptions or survey defects, and, in such event, the time of closing shall be 35 days after delivery of the commitment or the time expressly specified in paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions or survey defects within the specified time, Purchaser may terminate this contract or may elect, upon notice to Seller within 10 days after the expiration of the 30-day period,to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not so elect, this contract shall become null and void without further action of the parties. 3. Rents,premiums under assignable insurance policies,water and other utility charges,fuels,prepaid service contracts, general taxes, accrued interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then ascertainable shall be adjusted on the basis of(a), (b), or(c) below (a) 105% of the most recent ascertainable real estate taxes. (b) The most recent ascertainable taxes and subsequent readjustment thereof pursuant to the terms of reproration letter attached hereto and incorporated herein by reference. (c) [Other] The amount of any general taxes which may accrue by reason of new or additional improvements shall be adjusted as follows: 2 11/04/2004 13: 19 FAX 630 553 5764 DANIEL J. KRAMER a 005/007 All prorations are final unless otherwise provided herein, Existing leases and assignable insurance policies, if any, shall then be assigned to Purchaser. Seller shall pay the amount of any stamp tax imposed by Statc law on the transfer of the title, and shall furnish a completed.Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or transaction tax; such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefore. If such ordinance does not so place responsibility, the tax shall be paid by the (Purchaser) (Seller). (Strike one) 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the termination is caused by the Purchaser's fault, then upon notice to the Purchaser, the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission; the balance, if any, to be retained by the Seller as liquidated damages. 6. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time of closing, this sale shall be closed through an escrow with Chicago Title and Trust Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by Chicago Title and Trust Company,with such special provisions inserted in the escrow agreement as may be required to conform with this contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding,payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow. The cost of the escrow shall be divided equally between Seller and Purchaser. (Strike paragraph if inapplicable) 7. Time is of the essence of this contract, 8. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail,return receipt requested, shall be sufficient service. 9. Seller represents that he is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. Dated: Purchaser: Address: Taxpayer I.D. Number: Purchaser: Address: Taxpayer I.D. Number: 3 11/04/2004 13 19 FAX 630 553 5764 DANIEL J. KRAMER a 006/007 Seller: Address: Taxpayer I.D. Number: Seller: Address: Taxpayer I.D.Number: 4 11/04/2004 13 19 FAX 630 553 5764 DANIEL J. KRA,MER a 007/007 LEGAL DESCRIPTION THIS IS TO CERTIFY THAT WALTER E. DEUCHLER ASSOCIATES, INC., AN ILLINOIS PROFESSIONAL DESIGN FIRM CORPORATION,HAS SURVEYED THAT PART OF THE WEST HALF OF SECTION 21,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 5, BLOCK 9, COUNRTYSIDE CENTER UNIT NO.4, YORKVILLE,KENDALL COUNTY, ILLINOIS;THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID LOT 5.24 FEET TO A LINE PARALLEL WITH AND 45.0 FEET WESTERLY OF THE CENTER LINE OF ILLINOIS STATE ROUTE NO, 47 BEING THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS (AS TRACT NO. 1)BY DOCUMENT 911035 RECORDED FEBRURAY 25, 1991 FOR A POINT BEGINNING; THENCE NORTHERLY ALONG SAID PARALLEL LINE(BEING THE WESTERLY LINE OF THE STATE OF ILLINOIS TRACT) FORMING AN ANGLE OF 72.30' FROM THE PROLONGATION OF THE LAST DESCIBED COURSE(MEASURED CLOCKWISE THEREFROM)264.70 FEET;THENCE WESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE 184.93 FEET; THENCE SOUTHERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE 206.39 FEET TO THE NORTHERLY LINE OF SAID LOT;THENCE EASTERLY ALONG SAID NORTHERLY LINE 193.91 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 1.000 ACRE ALL AS SHOWN ON THE PLAT HEREON DRAWN WHICH IS A CORRECT REPRESENTATION OF SAID SURVEY. ALL DISTANCES ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF. NOV-04-2004 15:11 FROI1-SPEER FINANCIAL 312-346-8833 T-399 P.002/002 F-812 PUBLIC FINANCE CONSULTANTS STNCE 1954 SPEER FINANCIAL, INC. KEVIN W McCANNA DAVID F.PI I)LLIPS LARRY P.BURGER DANIEL D.FOIL Ls BARBARA 1-.CHEVALIER RAPHALIATA M,,KR.N7_IE PIIIaSIUL'M Si(VICE PrESIDEN'I" VICE PR FSIIIuEf VICP.I'RIJSIULNT VICE PRESIDENT VII'i IYIL'SIDENT I J p .IC , {r t UNITED CITY OF YORKVILLE Preliminary Timetable For Library Bond Sale November/December 2004 ..Review of Library Board planning. Coordinate with other City debt plans. Council approves reimbursement resolution. January/February 2005 Preparation of Official Statement by Speer Financial. Solicit bond insurance bids, March 2005 Sale of first half of bonds; passage of bond ordinance by City Council. April 2005 Receipt of bond proceeds by City. August 2005 Sale of second half of bonds once 2004 EAV is confirmed. September 2005.. Receipt of bond proceeds by City. KWM/mj 11/4/04 SUITE 4100.ONE NORTH LASALLE STREET•CHICAGO,ILLrNOIs 60602•(312)346-3700•FAX(312)346-6633 SUITE_608•531 COMMERCIAL STREET•WATERLOO,IOWA 50701 •(319)291.2077•FAX(319)291.5629 1„,„} ... STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF SARAVANOS PROPERTIES,L.L.C. WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Annexation Agreement pertaining to the annexation 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 Agreement has been drafted and has been considered by the City Council; and WHEREAS,e the legal owners of record of the territory which is the subject of said Y 11L1 WL 1V, ry 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, as amended,for the execution of said Annexation Agreement has been fully complied with; and WHEREAS,the property is contiguous to the City,and is not located within the boundaries of any other Illinois Municipality. 1 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 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 Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- ORDINANCE ANNEXING PROPERTIES OF SARAVANOS PROPERTIES,L.L.C. TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, SARAVANOS PROPERTIES,L.L.C.,an Illinois Limited Liability Company, 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 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 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 1 accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11- 15.1-1 et. seq. 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 property 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 UNITED 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 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. Section 4: That the property described in Exhibit "A" is hereby annexed and zoned as follows: B-3 Service Business District. 2 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 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 p ` ` 1 6th AN N UAL KANE COUNTY !...:'.'''' ' ''''''flati ' 4 Y t � FORUM ORUM .,,.;-_-;;,-,.-,:i.;,,::, - �* a .{, gip, r. �. ;"-, _* ON SENIOR ISSUES FRIDAY DECEMBER 3, 2004 Ilmted! 10:00 a.m. to 12:00 p.m. Locals* Leg I$I 1I Who should attend: Pottawatomie Community Center • Seniors 8 North Avenue • Local officials • Service St. Charles providers • You! PROGRAM SCHEDULE: 9:30 Registration and Networking 10:00 Welcome and Introductions 10:10 Review of 2004 Legislative Accomplishments 10:25 The Changing Direction of Long Term Care in Illinois 10:55 Kane Referendum to Support Services to Seniors 11:20 Report on the Medicare Prescription Drug Program 11:30 Open Forum 12:00 Wrap Up RSVP to Eric at 800/528-2000 Dear Recently Kane County held an Elder Friendly Summit sponsored by the Northeastern Illinois Area Agency on Aging. This joint community Summit was well attended by Federal and State Legislative Representatives, County Board Members, City Mayors, Village Presidents, City Council members, Trustees, Administrative Staff, City/Village/County Police Departments, Fire Departments, Social Service Agencies, Department of Motor Vehicles staff We are pleased to announce, a similar informative joint community Summit is being planned for Kendall County and you are invited to attend. It is anticipated this Summit will be held in April 2005. Statistics indicate elders have enormous impact on how communities are serviced, funded and operated. We would like to encourage all invited guests to attend so the "silent" elder population in your community may continue to be represented, serviced and informed. It has been proven when Communities work together ... exceptional positive results are accomplished. Attached is a copy of the proposed agenda; an outline of topics to be addressed during the Summit; and, a survey requiring your immediate response. In order to finalize the arrangements, please complete the attached survey and return it before Monday, December 13, 2004 so it may be determined the best suited day and time to fit your schedule for this extremely important joint community Summit. Sincerely, NORTHEASTERN ILLINOIS AREA AGENCY ON AGING Eric Weakly Community Planner Please return the survey to: Eric Weakly do Rose Spears, Alderperson United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Fax: 630-553-7575 ELDER FRIENDLY SUMMIT Sponsored by the Northeastern Illinois Area Agency on Aging Invite: Kendall County Board Village of Minooka United City of Yorkville Millbrook City of Plano Millington Village of Oswego Newark Village of Montgomery Platteville Village of Sugar Grove City of Aurora City of Sandwich Joliet Chamber of Commerce Village of Plainfield Church Leaders Businesses Developers ➢ City Mayors/Village Presidents ➢ County Board Members ➢ City Council/Trustees ➢ Township Supervisors ➢ Administration Staff ➢ City/Village/County Police Departments ➢ Fire Departments ➢ Social Service Agencies ➢ Jessie White ➢ State Representative, Patricia Linder ➢ State Senator, Chris Lauzen ➢ State Representative, Tom Cross ➢ Congressman Hastert WSPY Beacon News Kendall County Record ELDER FRIENDLY SUMMIT SURVEY It is anticipated this Summit will last approximately 4 hours. At this time, please complete the following survey and return it so it may be determined the best suited day and time to fit your schedule for this Summit. DAY: WEEKDAY: M Tu W Th F Morning Afternoon OR SATURDAY: Morning Afternoon Names/titles of Individuals that may attend: Name Title Name Title Name Title Name Title Name Title REPRESENTING: Reasons to Participate in the Summit: We are delighted to invite you to attend the Area Agency on Aging's Summit on Creating Elder-Friendly Communities. The Summit is designed for local authorities and advocates who are vital to reshaping the community infrastructure as well as the elderly services and caregiver support system. This occasion offers a unique opportunity for you and members of your organization to discuss the current status and current trends of service provision to older persons, family caregivers and grandparents raising children living in your community and to prepare for the future wave of aging Baby Boomers. You will participate in a structured process to help determine just how elder-ready your local community currently is. Visions for the Future: Current and Future Demographic Trends The area served by the Area Agency on Aging has experienced the fastest growth in the general and minority elderly population in Illinois. Please join us to learn about: ➢ What the 2000 Census tells us about older persons in your community ➢ Ten Aging Trends Assessing my Community's Elder-Readiness Elder-friendly communities, as defined by The advantage Initiative, a nationwide project of the Visiting Nurse Service of New York have four essential features. 1. They are places where older adults' basic needs for housing, food and safety are met. 2. Such communities safeguard the physical health and emotional well- being of seniors. 3. They provide an environment that encourages elders to be active and involved in public life. 4. They offer support to the frail and disabled and to those who are caregivers for family members and friends. 1 Creating Elder-Friendly Communities for Today's and Tomorrow's Older Americans For more than 50 years, demographers have known that America has been experiencing a large bulge in the population of persons born between 1946 and 1964. This group has been labeled by demographers and the media as "baby boomers". The diversity of baby boomers, their anticipated longer life span, and their unprecedented number, create challenges for both public policy and the mature marketplace. The Area Agency on Aging and our network of funded providers are working hard to make our system more responsive to the needs and preferences of older people and their families. Please join us to discuss how together we can: ➢ Prepare for the unique demands of the baby boomers ➢ Help people maintain and improve their health as they age ➢ Help older people remain independent and in their own homes Taking Care of the Family Caregiver: There are only four kinds of people in the world ➢ Those who have been Caregivers ➢ Those who are currently Caregivers ➢ Those who will be Caregivers ➢ Those who will need a Caregiver --Rosalynn Carter Family caregiving can create high levels of stress that may compromise a caregiver's own physical and emotional health. Deteriorating health may diminish their ability to provide care and impair the care recipient's quality of life. Join us to discuss the importance of helping caregivers care for themselves and how caregivers may employ health behaviors to reduce the burdens of family caregiving. 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