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City Council Packet 2005 04-26-05
2`0 Co. United City of Yorkville J .0. County Seat of Kendall County 800 Game Farm Road EST % c'; 183fi ��— ` , , < Telephone:YorkvilleIllinois630-553-435060560 O ii,' y Fax 630-553-7575 9 �. � Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, April 26, 2005 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, May 23, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, May 19, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, May 5, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, May 12, 2005 City Hall Conference Room Public Hearings: 1. Illinois EPA Low Interest Loan Program—Water Works System Needs Assessment and Project Plan City Council Meeting Agenda April 26, 2005 Page 2 Citizen Comments: Presentations: 1. Downtown Plan Update by Stephen Yas Consent Agenda 1. Park, Gazebo, Shelter Reservation Policy 2. Renewal of Preschool Contract with Yorkville Congregational United Church of Christ - authorize Mayor to execute 3. Resolution to Dissolve and Transfer Chief's Account - authorize Mayor and City Clerk to execute 4. Blackberry Creek Watershed Program Contribution Request —subject to the approval of the 2005-2006 budget Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council— January 11, 2005 Minutes of Committee of the Whole—March 1, 2005 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 752,009.39 (vendors) $ 154,989.68 (payroll period ending 4/02/05) $ 906,999.07 (total) Reports: Mayor's Report: 1. Presentation of Certificate to Steven Bozue for Graduating from Police Training 2. Ordinance Approving Variances for Side Yard and Rear Yard Setbacks for 802 S. Main City Attorney's Report: 1. Corlands Second Amendment to Lease Agreement for Hoover City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: City Council Meeting Agenda April 26, 2005 Page 3 Reports (con't): 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. No Report Economic Development Committee Report: 1. Prestwick of Yorkville Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing 2. Lincoln Prairie Yorkville Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing 3. Landscape Depot Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing 4. Bristol Bay Annexation Agreement and Preliminary Plan a. Ordinance Authorizing the Execution b. Ordinance Annexing 5. Resolution Approving Engineering Enterprises, Inc. Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor between Route 34 and Base Line Road Public Safety Committee Report: 1. No Report Administration Committee Report: 1. Grant Writer Contract Renewal 2. Ordinance Amending Land Cash Ordinance No. 96-3, 2003-12, and 2004-22 3. Resolution Declaring Intent to Issue Special Tax Bonds for Autumn Creek SSA 4. Ordinance Approving the Revision of the 2004-2005 Fiscal Budget 5. Ordinance Approving the 2005-2006 Fiscal Budget 6. Special Census Agreement City Council Meeting Agenda April 26, 2005 Page 4 Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body. 2. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004 —2005 [PUBLIC WORK 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 PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Committee: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James I City Council Meeting Agenda April 26, 2005 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 (con't) ;ADMINISTRATION -------------------- ---------------------------- ---- -------------------------- Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco AD-HOC: TECHNOL OGY Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare ,c*u �r o United City of Yorkville Memo 2-Tri , '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 P� 11 a- � p Fax: 630-553-7575 4LE xv' Date: April 26, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant CC: Department Heads Subject: Additional information for the City Council packet—April 26, 2005 Attached please find additional information on the following items: Mayor#2— Ordinance Approving Variances for Rear-Yard Setbacks for 802 S. Main EDC #1a—Prestwick—Ordinance Authorizing the Execution EDC #1b—Prestwick—Ordinance Annexing EDC #2a—Lincoln Prairie Yorkville—Ordinance Authorizing the Execution EDC #2b—Lincoln Prairie Yorkville— Ordinance Annexing EDC #3a—Landscape Depot—Ordinance Authorizing the Execution EDC #3b—Landscape Depot— Ordinance Annexing EDC #4a—Bristol Bay—Ordinance Authorizing the Execution EDC #'lb—Bristol Bay—Ordinance Annexing EDC #5 —Resolution Approving EEI Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor between Route 34 and Base Line Road Admin#2 —Ordinance Amending Land Cash Ordinance No. 96-3, 2003-12, and 2004-22 Please add this information to your City Council packet. iVC - STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE APPROVING VARIANCE FOR REAR-YARD SETBACK FOR RESIDENCE LOCATED AT 802 South Main WHEREAS, Marama Leifeit("Petitioner") filed ZBA Petition 2005-09 requesting a variance for rear-yard setback for an addition to a single family residence which is more specifically described in the attached group Exhibit"A" (being the Petition with attached plat); and WHEREAS, the Petitioner plans to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition, and WHEREAS, the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variance sought, and WHEREAS, the Zoning Board of Appeals recommended the approval of said requested variance to the rear-yard setback to the City Council; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioner; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, the following Variance is hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit"A": 1. Rear Yard Setback: Section 10-6C-4C of the United City of Yorkville Zoning Code is hereby varied to permit the rear yard set back of the single family residence to be seventeen and two-tenths feet(17.2'). The variance granted herein is contingent upon the construction of the residence pursuant to the design,plan and specifications presented to the Zoning Board of Appeals and the City Council. No other variance from the City Code for design, plan or specifications for said structure is permitted by this Ordinance. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2005 by the City Council of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (PRESTWICK OF YORKVILLE SUBDIVISION) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the 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, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the 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: 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. 2005. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (PRESTWICK OF YORKVILLE) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, more than 51% of the electors residing within the territory have joined in the petition; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 �r _ !_" STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF LINCOLN PRAIRIE YORKVILLE WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the 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, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with;and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the 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: 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. 2005. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (LINCOLN PRAIRIE) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County,Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 ==- e 41. ma(?. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF LANDSCAPE DEPOT OF YORKVILLE WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the 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, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the 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: 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. 2005. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (LANDSCAPE DEPOT OF YORKVILLE) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF BRISTOL BAY WHEREAS, it is in the best interests of the United City of Yorkville, Kendall County, Illinois ("City"), that a certain annexation agreement pertaining to the development known as Bristol Bay be entered into and that the City enter into an amended annexation agreement pertaining to the properties known as Lay-Corn, Inc. parcel and Galena Yorkville, L.L.C. parcel; and, WHEREAS, a single Annexation Agreement has been drafted, negotiated, and reviewed by the City ("Annexation Agreement) which Annexation Agreement serves both as an annexation agreement for Bristol Bay and an amendment and restatement to the annexation agreements previously entered into for Lay-Corn, Inc. parcel, dated September 6, 2001 and Galena Yorkville, L.L.C. parcel, dated October 8, 2002, the Bristol Bay Annexation Agreement is attached hereto and incorporated herein; and, WHEREAS, the developers, Centex Homes, a Nevada general partnership, and the legal owners of record of the territory that is the subject of the Annexation Agreement are ready, willing, and able to enter into the Annexation Agreement; and, WHEREAS, the statutory procedures and required votes provided in the amended section 11-15.1-1 of the Illinois Municipal Code for the execution of the Annexation Agreement and amendment to an annexation agreement have been fully complied with; and, Page 1 of 3 WHEREAS, the Mayor and the City Council have the authority to enter into the Annexation Agreement; WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Annexation Agreement be and is hereby approved and shall be binding on the City. Section 2: The Mayor be, and he is hereby authorized and directed, and the Village Clerk is directed, to execute on behalf of the City and to attest to the Annexation Agreement as to approximately Six Hundred Thirty-Three (633) acres of territory(a copy of which is attached hereto and made THAT the foregoing recitals are material to the Ordinance and are incorporated and made a part of this Ordinance. Section 3: The Mayor be, and he is hereby authorized and directed, and the Village Clerk is directed, to execute on behalf of the City and to attaest to the Annexation Agreement as to approximately Six Hundred Thirty-Three (633)acres of territory(a copy of which is attached hereto and made a part hereof) in such final form with such final exhibits as may be approved by the City Attorney. Section 4: The Annexation Agreement as executed by the owners and Centex Homes shall be modified to conform to the actual ownership of each of the parcels on the date of the actual execution of the Annexation Agreement based upon evidence, reasonably satisfactory to the City Attorney, as to the ownership of each of the parcels as of that date. Section 5: The Annexation Agreement made a part of this Ordinance treat the Six Hundred Thirty-Three (633) acres of the Bristol Bay development as a single unit and comprehensively amend the annexation agreements previously entered into on September Page 2 of 3 6, 2001 and October 8, 2002, between the City and owner of the properties described in the existing annexation agreements. Section 6: 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 E {b . STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (BRISTOL BAY) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent tp all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING AGREEMENT WITH Engineering Enterprises, Inc. FOR Professional Engineering Services for a Feasibility Study of a Western Roadway Corridor Between U.S. Route 34 and Base Line Road United City of Yorkville, Kendall County,Illinois WHEREAS,the City Council of the United City of Yorkville has considered approval of an agreement with Engineering Enterprises, Inc. for Professional Engineering Services for a Feasibility Study of a Western Roadway Corridor Between U.S. Route 34 and Base Line Road, United City of Yorkville, Kendall County, Illinois; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit "A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Agreement in the form set forth in Exhibit "A" is hereby approved, subject to identification and securing of sufficient funding, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE AMENDING UNITED CITY OF YORKVILLE LAND CASH ORDINANCE NO. 96-3, 2003-12 and 2004- 22 WHEREAS,the United City of Yorkville, after careful consideration by the Mayor and City Council has determined it necessary to amend Land Cash Ordinance No. 1996-3 and No. 2003-12 (Section 1.C.5 -- Fair Market Value)to reflect a substantial increase in the fair market value of improved residential real estate based upon a study prepared by a certified appraiser; and, WHEREAS the United City of Yorkville, after careful consideration by the Mayor and City Council has determined that is in the best interests of the community to amend Land Cash Ordinance No. 1996-3 and No. 2003-12 (Section 1.C.5 -- Fair Market Value), and to the extent that Ordinance No. 2004-22 amended Section 1.C.5 —Fair Market Value, to amend that Ordinance as well. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting that: 1. Section 1.C.5, Fair Market Value, of the Land Cash Ordinance 1996-3 and 2003-12 are amended to reflect that the"Fair market value" for any parcel of residential real property shall be deemed to be eighty thousand dollars and 00/100 per acre ($80,000Acre)based upon the study of Thompson Appraisals. 2. The Land Cash Valuation Analysis &Report prepared by Thompson Appraisals dated March 25, 2005 is incorporated by reference herein. 3. To the extent that Ordinance 2004—22 has previously amended said Section 1.C.5,this Ordinance shall supersede 2004 —22 beginning with the affective date of this Ordinance until such time as Section 1.C.5 may be amended in the future. 4. Any Ordinance or parts thereof that conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 5. The various parts, sections, clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. HEREOF, this Ordinance has been enacted this day of IN WITNESS 2005. 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 T ;Q tkC`t-Ir1G I ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397 JAMES R.THOMPSON CENTER, 100 WEST RANDOLPH,SUITE 11-300,CHICAGO, IL 60601, 312-814-6026 ROD R. BLAGOJEVICH, GOVERNOR RENEE CIPRIANO, DIRECTOR Project Summary and Preliminary - Environmental Impacts Determination Date: MAR 3 0 2005 Loan Applicant:City of Yorkville, IEPA Loan Project Numbers: LI71563 • To all interested persons: Section 662.520 of the Illinois Procedures For Issuing Loans From The Public Water Supply Loan Program requires that IEPA publish an assessment of the environmental impacts of proposed public water supply projects to be funded with loans. This review is carried out in conjunc+4'n•, ,i - the Agency's review of the applicant's project plan. Prior to granting its approval of the plan, the Agency requires that the public be granted an opportunity to comment as to whether or not the anticipated environmental impacts Of the project have been accurately assessed. The IEPA has reviewed the above cited project plan and concurs with the applicant's finding that the proposed project is technically appropriate and cost-effective. Unless new information provided through the public comment process causes a reconsideration,the Agency will approve this planning at the close of the public comment period. The applicant will make the attached Project Summary and Preliminary Environmental Impacts Determination available for public inspection, and must conduct a public hearing on both the attached document and project plan,providing advertisement of the hearing at least 10 days in advance. A comment period of at least 15 days shall be provided after the hearing date in which written comments may be provided to the loan applicant or directly to the IEPA contact person identified in the attached document. Upon final approval of this plan, the project priority score may be modified to reflect new information providedin the planning in accordance with the provisions of Section 663.160 of the Procedures and Requirements for Determining Loan Priorities of Projects in the Public Water Supply Loan Program. For informational purposes only, a copy of this document is being provided to your local newspaper of record. Your interest and participation in this process are appreciated. Sincerely, i\ACt (E_Ott-#1 Marcia T. Willhite Chief Bureau of Water APR - 4 2005 MTW:EA\TS 10310100.sed b, Attachment ROCKFORD—4302 North Main Street,Rockford,IL 61103-(815)987-7760 • DES PLAINES—9511 W.Harrison St.,Des Plaines,IL 60016-(847)294-4000 ELGIN—595 South State,Elgin,IL 60123-(847)608-3131 • PEORIA—5415 N.University St.,Peoria. IL 61614-(309)693-5463 BuREAu of L.>'.o-PEORIA—7620 N.University St.,Peoria,IL 61614—(309)693-5462 • CHAMPAIGN—2125 South First Street,Champaign,IL 61820-(217)278-5800 SPRINGFIELD—4500 S.Sixth Street Rd.,Springfield,IL 62706—(217)786-6892 • COLLINSVILLE—2009 Mall Street.Collinsville,IL 62234—(618)346-5120 MARION—2309 W.Main St.,Suite 116,Marion,IL 62959—(618)993-7200 PRINTED ON RECYCLED PAPER Project Summary and Environmental Assessment Project Identification City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560-1133 Existing Condition/Project Justification The City of Yorkville is the county seat of Kendall County and is located in Bristol and Kendall Townships at the north center of the County(see location map, Attachment 1). The boundaries of the City's planning area extend from U.S. Route 30 on the north to Caton Farm Road on the south, and from Orchard Road and Minkler Road on the east to Eldemain Road and Eldemain Road extended(Lisbon Road)on the west. The City shares corporate boundaries with the City of Plano to the west and the town of Bristol to the north. As the City's corporate limits expand, it is likely that they will grow into unincorporated Bristol,Kendall,Oswego,Fox,and Little Rock Townships,and share boundaries with the Village of Sugar Grove, the Village of Montgomery, and the Village of Oswego to the north,northeast,and east,respectively. The City's current population was estimated to be 8,779 people by a special census conducted in late 2003 (average daily demand of 877,900 gallons). The current developments planned within the City will add approximately 16,659 population equivalents (PE) (average daily demand of 1,665,900 gallons) (see land use map, Attachment 2). The City is projecting a population of 72,000 people by 2023 (projected average daily demand of 7,200,000 gallons). Because of excess radium found within the deep wells from which water is supplied to residents, commercial and industrial sectors, and institutions within the City, the public water supply requires treatment to comply with radium 226/radium 228 and gross alpha radiation maximum contaminant levels (MCLs). To prepare for the developing areas,the City has recently expanded its water supply system with the addition of new wells(7, 8, and 9)and additional storage in 2004. The City's water supply system consists of an estimated 254,250 lineal feet(1.f.) of water main, five elevated towers(total storage capacity of 4.55 millions gallons),3 booster pump stations,and five deep wells(Wells 3,4,7,8,and 9) capable of producing 7.02 million gallons per day(mgd) of raw water. Of the 7.02 mgd of raw water, 4.32 mgd(total raw water from Wells 7, 8,and 9)receives the necessary treatment, and the remaining 2.7 mgd (total raw water from Wells 3 and 4) requires treatment. Well 7 is treated for radium by an on-site cation exchange facility. Wells 8 and 9 are being treated for radium by a common cation exchange facility at the Well 8 site. While this recent well and storage construction addressed the needs of the key growth areas within the City,the older sections of the City receive water from Wells 3 and 4. The water from these wells remains untreated and is in violation of radionuclide compliance. The City is proposing to provide a treatment facility for Wells 3 and 4. Additionally,the City is proposing ancillary work including the construction of raw and finished water mains between Wells 3 and 4 across the Fox River and along King Street providing a source of approximately 1,000 gallons per minute(gpm). To appropriately transfer water through the public water supply system by improving pressure and flow based on an existing maximum demand of 1,089 gpm, the City is proposing to provide for the replacement of existing 4-inch and 6-inch water mains with 12-inch water main on State Street(see proposed water main location map, Attachment 3). The State Street water main also provides an additional loop connection to the east side of Route 47. The proposed project will provide the necessary water supply quality and quantity for the existing need to the original downtown area and residential district•as well as for the 20-year planning period. The need for future Well 6 has yet to be determined and this environmental assessment will not address this possible future need. Please be advised that a project whose main purpose is either fire protection or servicing future growth is not eligible for IEPA loan participation. Discussion of Alternatives The City evaluated three alternatives, lime softening, cation exchange, and reverse osmosis, for treatment of raw water from Wells 3 and 4 for radionuclide compliance. An additional alternative, utilizing the existing treatment plants currently treating new Well 7,was not determined to be cost- effective since the cost of the necessary water main would approximate $6 million which does not include the necessary treatment plant expansion cost;therefore,this alternative was not included in the following analysis. The cost of the necessary water main across the Fox River and along King Street and replacement and enlargement of the water main on State Street are included in the alternative selection. The basis of design is to provide treatment for Wells 3 and 4 for a total raw water average day production of 2.7 million gallons. Alternative 1, lime softening, would involve the purchase of additional land and raw water mains between Wells 3 and 4 and the proposed treatment plant. This alternative was determined to have higher capital cost and higher annual operation and maintenance (O/M) than the other two alternatives evaluated due to the treatment process involved as well as the requirements for land and water main. Alternative 2, cation exchange, would not involve additional land. The existing City-owned property at Well 4 is of adequate size to support the construction of the cation facility. This alternative was determined to be the most cost-effective with the lowest capital cost and annual O/M. Alternative 3, reverse osmosis, would not involve additional land; however, the alternative was found to have a higher capital cost and annual O/M as compared to Alternative 2. Cost-Effectiveness Analysis Present Worth (PW) Alternative Capital Cost of Annual O/M PW of Salvage Total PW 1 Lime Softening $9,962,100 $12,851,284 $737,992 $21,773,800' 2* Cation Exchange $4,289,789 $10,336,672 $351,737 $14,274,724 3 Reverse Osmosis $4,791,961 $11,997,610 $341,956 $16,447,615 'Includes PW of Land *Selected Alternative Proposed Project Proposed Project Tasks (Cation Exchange) Amount • Well house and treatment building costs (Including a building, surge and water tanks and equipment _ including chemical feed, brine and wastewater pumps) $640,000 • Treatment equipment (Including piping and cation exchange equipment 4 each 9 feet in diameter cation exchange vessels each with a capacity of 317 gpm) $760,000 • Transmission line costs (Including 3,550 l.f. of 12-inch (in.) raw water main, 805 l.f. of 12-in. raw water main river crossing, 2,450 l.f. of 16-in. finished King Street water main, 805 l.f. of 16-in. finished water main river crossing, 3,200 1.f. of 12-in. finished water main on State Street) $1,928,000 • Yard piping, site work, and process control improvements $95,000 Subtotal $3,423,000 • Contingency $342,300 • Design engineering $239,610 • Construction engineering(including soil and material testing) $264,879 • Legal and administrative* $20,000 Total Amount $4,289,789 Please see Attachment 4, the schematic of the proposed treatment plant. *Administrative costs would not be eligible for loan participation. Environmental Issues Relating to Alternatives Selection Construction of Alternate 2 was determined to be the cost-effective option to implement. The selected alternative will have construction impacts including associated blowing dust, soil erosion, air emissions,use of materials and resources and an increase in traffic due to construction vehicles at the treatment plant and water main installation locations. These impacts will be relatively short in duration. The proposed treatment plant construction is located on an approximate 2-acre site. The property is currently shared as a public works facility and park area. The proposed treatment facility will be contained within the public works site of Well 4 and will not impact the park area. The area proposed for the treatment facility near Well 4 has been previously disturbed for municipal building and parking construction(see location map,Attachment 3). Actual construction will require about half an acre of land. There are no known wetlands located within the area proposed for the treatment plant construction. The water main installation will be within existing rights-of-way,existing City owned properties,existing utility easements,previously disturbed for urban type land use,and across the Fox River in the proximity to existing water main. Construction procedures regarding soil erosion control, road crossing, and trench construction on existing rights-of-way will be consistent with the required Illinois Environmental Protection Agency (IEPA), Illinois Department of Natural Resources (IDNR), and U.S. Army Corps of Engineers (ACOE)permits,thereby minimizing significant construction impacts. The King Street and State Street water main installation are located in areas previously disturbed for urban type land use. The City proposes a phased approach to crossing the Fox River with the two parallel water mains by coffer damming and dewatering one-half of the river's width at a time through the use of portable dam structures made by approved providers including Portadam and Aquabarrier(see location map, Attachment 5). The raw and finished water mains will be installed in parallel trenches by open cut methods. Rock excavation is anticipated in the river bed. The water mains are proposed to be encased in concrete to prevent floatation and deterioration and to minimize impact to wetlands and to the river in accordance with the requirements of ACOE,IDNR,and IEPA. A mussel survey will be conducted in accordance with IDNR requirements. The planning indicates that in the event that rare and endangered species are encountered during construction, the City will consult with the IDNR and appropriate remedial action will be conducted in a prompt and efficient manner to avoid threatening these habitats. The City contacted IDNR and IDNR Office of Water Resources regarding endangered or threatened species and wetland, stream bank, stream crossings, and floodway protection and the Illinois Historic Preservation Agency(IHPA)regarding significant historic,architectural,or archaeological resources in the vicinity of the project. Signoffs must be obtained prior to project planning approval from IDNR,IHPA,and ACOE. The positive benefits of the proposed project include availability of water,adequate in quantity and quality and compliance with radium 226/radium 228 and gross alpha radiation maximum contaminant levels (MCLs). Implementation Design of the proposed project has been completed with initiation of construction expected by June 2005, and completion of construction by February 2006. The City proposes to finance the project with a loan in the amount of $4,289,789 (note: administrative costs are not eligible for loan participation) from the Public Water Supply Loan Program(PWSLP). Approximately$273,872 will be required annually to repay the loan with a 2.50 percent simple annual interest rate over 20 years. The City proposes to dedicate a portion of the revenue generated from user fees to repay the loan. The existing user charge system is collecting sufficient revenue to cover the increase in debt service based on the proposed loan and the annual operation, maintenance, and replacement costs. Therefore, no change is proposed to the current residential water rate. Public Participation Public comments are invited on this project. For further information, contact: Marcia Willhite, Chief Illinois Environmental Protection Agency Infrastructure Financial Assistance Section Bureau of Water 1021 North Grand Avenue East P.O. 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L +f- UM OF w TI All NT•MONO j warm!a.ER r C t/1 armour 1MEK ® om.mem aml.,lml -a Kw ml.lm .•PVC�R-u I r tam PVC § b4 au* POn Aw_a + •mom I L NAa-v rAmissnr NINON MC TANK 7 Al oat Ins NA.COMM.rN. nA. -�rtl ,�wan sAN SE1rR r L_._Y 7cluo PvC OZI .nL watt .IA PINE MCT ASE MOM MULE TANK 1- W KNIT COPIRUAIT17004 ENONEERNO ENI012001 ES,NCl' P•• EnglnNrinp Enterprises.Inc. WATER WORKS SYSTEM y �nwi1�9�9 a IMPROVEMENTS m �•� CONTRACT 8.1 WATER TREATMENT BUILDING F,:::.71trE8 eZa2r Goaduntied dlr o}YakRtNe WELLS N0. 3 AND 4 WELL NOUSE PIPING AND INSTRUMENTATION10030313 Sugar Draw plinob !0734 eso/4ee-oho K•ldaII Co int$Illnobl �a uJ1saT3AND TREATMENT FACIUTY DIAGRAM R-1. 9 -I IPPIN, - It••tl O s �T'IMO uliE NO SIAMRL M 01090N COMM INkE 1-\ \ 1M1mtA1ELY UPON EDtPEE,•ol a MtSIRYCIOM. 11 ,( 'f,','i'l'I'S'is"‘ \ 1 ,,,,1;&1 = o w I --_ . _ • __ C "b 'b ` „,., ✓yy y'f Y Y Y Y Y Y Y Y Y Y V Y Y Y Y p��11 /y � 1� ��ailA.Mt Wy. r.l O ivl I . 1., �. . ,wi •'�,„___..--...1#1.04--7 i.. .., "++-P•'a5'1I ���S _ r= r CY a ry �. poi 0 •pall 1 y a.+oo--..l.`=�C ..` C_---- --ca== r v, �ili4+li r �;'d /\f}I 1 :-1*-• r+•IO ' O Vl 1 1 �—v1.---'. \ , cle----• + 1,x+11 ' 1 + / / J 1 /Veztga, VI ab�fl i1�'., aum-` ..�--+—�.'< ��u.a� M�M_�wr .`V� ,\�1` ,` , '\ ` f, r` ' I ` `,/1,11ilu1 1 t' •.i I.I ;`CIy a V O 1R� ,\N :N ` `I , ,', , III��E''In 1I , � K y ) 1 rb ,",.; ,F,, O 1 �• .V \ ` \` Lf I IIII111 J ,1 I I •I..I O I.t IRI .. ���\ ~'� , ` ` 1 ,�•L.j - 111 iiii1 , , 1 , I •r IlEl 1 II f,/14' /� / p • • `I , �, 1 T 7111 'f ?I11ie ice'-s�1 1 ', I� �� ii;l�t '�.) ,, s•\\( ''+ '\ tom • i:.,` `, \`, C , {QliCx ,\l \ Yiytt•5 M1g, ,A".,: 7 .\ I�; I `I p Y r1� ' , � 11 , I I I r t E �.1 ,fie. „`, ' I I • • ,• j ,,� iirlil -\r I `` .r; `\`` ,\`1\;,I ‘` I I.)—.-l�, I I A ,.i' f s1: �TNa i i I • ' I • 1. t �,. I i 1 I I 1 l TII f 1 1 • \ pGES YA MIST M REMOSID TO UPLAND- WAW tw•(nATELY• `, I ` `S`I `l 1 ' -%�/� / 1 DoH MON of mum YAM CONSIIIIICTIOM M ANY'SEwNT a , ,', ` C\ �� I 1' ME IMES M MOtAsE MALL DUS5 YADRIAL SEE LER M I \ / \ , lT MA.a,IMnIme Dime.Im Is com tris `, 1 \ 111 �� 1 521 RNa\,,•;',I ``\/ f .C1.�� 1 I , ,` ( I 0 1 \ I I I '\ , , ,`\,1 ,1,`\ 1 'I:r' i �II //I\S� IDE lieSTAILMEM 44200wTH i rnR0i/2a I l.. _..-. I 1 I 1 Yl`T I I. l `\, 111 MAD 6 403D Al A TIME .. .._.... °"•' ?'',In*,,.re. 1;6i , 4, j',' ....„,..v..,....i, ',if v ,.1,.tt ,or. . • .e / , , �' 1g Mi., 1 , ,P , l E S ,z . � III . CN5Po1CINM A'YSC tOCAnIM,Y 3 .. �;: Cn,S1n.:num D1 NE mut r /1, \ , I IY 1 , USNNREo AREA TO BE SEEDED MM CV AQAM 3(SLOPSEE WMn0E1 SIDRIOER0S000 + , • WN11111E AND ABUIID IrM 1� ' '04.1'' CONTROL KAMM MYEDIATTIY UPON NOBS gEartEM01 Of COIS100cnc. I. DE C011RAMAY OEWAIOBF2 WOG RE AREA R10 DE LD0[RO / AM 51HOET1IRE NC AID n5011Ma DIRECTLY INTO ME 100 RIVER 10 A OEYM Of TNO 11X7.11E PMN.IYO TEST MIST SE MAIMERED MM NE u, in N 6 A 9DIYENIAMON MM.ME SEDItENTAMON MON MALL SE CONSTRUC ➢AND APPROVED BY ME MENEM MECO 10 DEWAMANO OPOU7I015 ME1•MG WIEMMIVELY MEC 4(0*11 N MAY u5E DEMANDING UOS ND PPE 500#5 DOMED ON MT N0.20 2. ME COIIPAC101 MAIL INSPECT Of OOTTEWINI 51RUCM•E 01 A mum?BASS NC IT NA RANI NIS O 1/2'0 0RAMR 101N'N3 IES 1111.0.10. L 1/A113101 MAIN TO BE 051R11CIED N 11E MWR SHALL IE ENCASED Ii 8 i 001410E SEE DEEM.ON SHEET 20 Ii 10(30001®2002 ENTANEEMNC 1NMAPRISES,NE 1 INC -lI!�pMtplp� If Engineering Enterprises,Inc. WATER WORKS SYSTEM IMPROVEMENTS CONTRACT B.3 SOIL EROSION AND SEDIMENTATION owc Na •D 1091 $ :1 ��.G.•r_ Consulting Enginhrs United City of Yorkville WELL 3 AND 4 RAW WATER MAIN de CONTROL PLAN 52 Wheelor Rood KwldD9 Countn Ighde KING STREET FINISHED WATER MAIN .�, 4 21 `v Sugg Cross,Minds 60554 530/466-9350 Nil,_ DATE pip v I MINUTES OF THE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS.800 GAME FARM ROAD ON TUESDAY,JANUARY 11,2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk D'Anna called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: Deputy Clerk D'Anna,City Administrator Graff,City Attorney John Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham,and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked if the attachment they just received for the Consent Agenda Item#2 on the Over sizing and Recapture Agreement for Heartland and Heartland Circle needed to be reviewed. City Attorney Wyeth stated that a few adjustments were requested to be made and were discussed at Committee of the Whole. He said the changes have been put in place and that he had reviewed the document and the document before them was the corrected version. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,January 24,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,January 20,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,February 3,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,January 13,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M.,Wednesday,January 19,2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the City Council—January 11,2005-page 2 PUBLIC HEARINGS Richard Marker Associates,Inc. Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing Richard marker Associates Inc.,request for an Amendment to the Annexation and Planned Unit Development Agreement to allow the subdivision of Lot 3 in Heartland Center Unit I in the United City of Yorkville,Kendall County,Illinois. So moved by Alderman Burd;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka- aye,Besco-aye Please see attached Report of Proceedings taken by Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Ohare;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco- aye Annexation of Countryside Pump Station Site Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing the annexation of the territory hereinafter described as the Countryside Pump Station Site.So moved by Alderman Besco;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka- aye Please see attached Report of Proceedings taken by Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Spears;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco- aye Annexation of Bruell Street Pump Station Site Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing the annexation of the territory hereinafter described as the Bruell Street Pump Station Site.So moved by Alderman Kot;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka- aye Please see attached Report of Proceedings taken by Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Sticka;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco- aye CITIZEN COMMENTS None. PRESENTATIONS None. The Minutes of the Regular Meeting of the City Council—January 11.2005—nage 3 CONSENT AGENDA 1. Temporary Sanitary Sewer Lift Station Agreement with MPI-2 Yorkville Central- authorize the Mayor and City Clerk to execute 2. Oversizing and Recapture Agreement for Heartland and Heartland Circle Subdivision- authorize the Mayor and City Clerk to execute 3. Lot 134 Kylyn's ridge—ratify plat of dedication 4. Rob Roy Creek Interceptor Contract#1-Change Order#1—authorize 60 additional days to the contract and City Engineer to execute 5. Resolution 2005-01-Prairie Meadows IDOT Highway Permit Application and Resolution-authorize the Mayor and City Clerk to execute 6. Plat of Vacation for 514 W.Washington-authorize the Mayor and City Clerk to execute,subject to re-submittal of the plat of vacation accurately identifying the portion of land being vacated and subject to review by the City Engineer 7. Deuchler Engineering Agreement for West Branch of Rob Roy Creek Interceptor- authorize the Mayor and City Clerk to execute in an amount not to exceed $186,750.000 for design services with a notice to proceed,subject to guarantee of funds by the developer. 8. Well#7 Well House&Treatment Facility-Change Order#5—authorize decrease in an amount not to exceed$29,096.00, 60 day extension of the contract and City Engineer to execute 9. Fox Highlands Subdivision—Bond Reduction#2—authorize reduction in an amount not to exceed$860.251.97 10. Fox Hill Unit 7-Letters of Credit Reduction#1—authorize reduction to the earthwork and erosion control Letter of Credit in an amount not to exceed S75,850.44 and reduction to the onsite work Letter of Credit in an amount not to exceed $381,095.82 11. Windett Ridge Subdivision -Onsite Work Bond Reduction#2—authorize reduction in an amount not to exceed$278,137.25 12. Ordinance 2005-01—Prohibiting the Sale of Fireworks-authorize the Mayor and City Clerk to execute 13. Request for New Sergeant's Position,Effective Date April 1,2005 14. Administration Office Workstation Purchase—authorize purchase from Rennanufactured Systems,Inc.in an amount not to exceed$6,530.00 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco- aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meetings from December 7,2004 and December 21,2004;seconded by Alderman Kot. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 30,2004 totaling the following amounts:checks in the amount of $983,127.88(vendor—revised 1/5/05);$144,513.51(payroll period ending 12/11/04)for a total of$1,127,641.39;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-present, Sticka-aye The Minutes of the Regular Meeting of the City Council—January 11,2005-page 4 REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on January 15, 2005 at Travel Services of Yorkville,801 N.Bridge Street from 10:00 A.M.to 12:00 P.M. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Executive Committee of the Aurora Area Convention and Visitors Bureau(AACVB) Alderman Burd reported they will be moving the offices at the end of March over by the Hollywood Casino. They are doing a fund raiser to encourage people to help fund the move and provide for extra amenities. They also are looking to increase the number of members of the board to include county people to increase tourism within Kendall County. In 2009 the Ladies Golf Tournament will be coming to Sugar Grove. Alderwoman Burd suggested that we might want to look at ways the Yorkville Business community could get involved in helping host the people coming to the event. Also,there is going to be a lobby day for the Illinois Convention and Business Bureau on February 17th in Springfield which Alderman Burd is going to try to attend. Senior Services Alderman Spears reported that on January 4th she attended the Northeastern Illinois Area Agency on Aging and they discussed the legislative forum Kane County held in December. The main outcome of the joint meeting was that the various agencies attending asked for an increase of$10 million for the various service programs including transportation dollars. Program 5310 which addresses providing new buses for not-for-profit associations did pass,money was appropriated in the budget,however the actual funds are not available at this time. Our governor just released the moratorium on independent living and The Older Adult Services Act passed in August. The focus is on independent living based on the individual's income. The main problem in Illinois is funding. The Kendall County Elder Friendly Summit Survey that was mailed out to various municipalities came back with an overwhelming response. A very positive result came from the Kane County Summit with the formation of a senior advisory monthly meeting. Individuals from groups in town get together to discuss various programs that would help our senior citizens. The Kendall County Summit is tentatively scheduled for the first week in April. They also discussed a township taxing program for specific senior programs and it was noted that townships could levy a certain percent for various senior programs,however,County's are required to pass the referendum. Alderman Spears also attended a meeting with various agencies and Dryer Clinic to discuss their no longer accepting new patients that were on Medicare or Medicaid and the new programs that they were accepting. The Minutes of the Regular Meeting of the City Council—January 11,2005—page 5 COMMUNITY&LIAISON REPORT(con't) Human Resource Commission Alderman Spears reported that the Commission had a question regarding who should be contacted about traffic lights and the trouble seniors are having crossing Route 34 and Countryside at Route 47. Also,they proposed getting different signs for the historically named streets that are brown and white to distinguish them. Kendall County Mayors and Managers Meeting Mayor Prochaska reported that he attended the meeting with City Administrator Graff and a proposal has come from the County asking that municipalities look at collecting an additional $1,000 per any home built in the County for transportation improvements. Mayor Prochaska asked the Economic Development Committee to look as this proposal. Letter from Department of Economic Opportunities Mayor Prochaska reported that he did receive a letter informing the City that Route 47 was listed as a project with some dollars,however,the program was not funded in the last budget. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Bruell Street Pump Station Reaffirm Contract Award with Seagren Construction,Inc. A motion was made by Alderman Besco to reaffirm the approval of the Bruell Street Pump Station Award Contract with Seagren Construction,Inc.in the amount of$543,000;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd- aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-02 Raintree Village—Unit 4 Authorizing Execution of Third Amendment to Annexation and Planned Unit Development Agreement A motion was made by Alderman Sticka to approve an Ordinance authorizing the execution of the Third Amendment to Annexation and Planned Unit Development Agreement for Raintree Village Unit 4 and to authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye Sticka-aye,Besco-aye,Burd-aye,James- aye Ordinance 2005-03 Prairie Meadows Enabling Ordinance to Create Special Service Area for Menard,Inc. A motion was made by Alderman Sticka to approve the Enabling Ordinance to Create a Special Service Area for Menard,Inc.;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot- aye Ordinance 2005-04 Prairie Meadows Establishing Special Service Area A motion was made by Alderman Sticka to approve an Ordinance Establishing the Special Tax Service Area and authorize the Mayor and City Clerk to execute all documents;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns- aye The Minutes of the Regular Meeting of the City Council—January 11,2005—nage 6 ECONOMIC DEVELOPMENT COMMITTEE REPORT(con't) Ordinance 2005-05 Heartland Circle Unit 1,Lot 3 Authorizing Execution of Second Amendment to Annexation and Planned Unit Development Agreement A motion was made by Alderman Sticka to approve an Ordinance Authorizing the Execution of a Second Amendment to Heartland Subdivision Annexation and Planned Unit Development Agreement and to authorize the Mayor and City Clerk to execute all documents;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka- aye Resolution 2005-02 Heartland Circle Unit 1,Lot 3 Final Planned Unit Development Plan/Final Plat A motion was made by Alderman Sticka to approve a Resolution Approving Final Planned Unit Development Plan and Final Plat for Heartland Center Unit 1 Lot 3 and authorize the Mayor and City Clerk to sign the plat along with the City Engineer subject to his final review;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Sticka-aye,Besco- aye Ordinance 2005-06 Annexing the Bruell Street Pump Station Site A motion was made by Alderman Sticka to approve the Ordinance Annexing the Bruell Street Pump Station site and authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka- aye Ordinance 2005-06 Annexing the Countryside Pump Station Site A motion was made by Alderman Sticka to approve the Ordinance Annexing the Countryside Pump Station site and authorize the Mayor and City Clerk to execute all document;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco- aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2005-03 Approving Volunteer Sick Leave Donation A motion was made by Alderman James to approve a Resolution Approving the Volunteer Sick Leave Donation Policy as presented;seconded by Alderman Kot. Alderman Spears commented that the City may incur a financial cost under the policy when donated time is paid out to an employee who is at a higher rate of pay than the employee who donated the time. Alderman Spears also commented that the policy stated that sick leave donation would be submitted directly to the Finance Director and asked if it should be submitted to the Payroll Benefits Specialists. Alderman Munns asked if the policy could be rescinded if it was costing too much money. Mayor Prochaska stated that the City could always revisit any of its policies. Alderman Besco asked to revisit this policy in a year to see what the statistics were. Chief Martin stated that the costs would be reversed when a higher salaried employee donated time to a less salaried employee and this could possibly offset any costs. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd- aye The Minutes of the Regular Meeting of the City Council—January 11,2005—nage 7 ADDITIONAL BUSINESS City Planner Job Description Alderman Burd asked staff to start preparing a job description for a City Planner position. Mayor Prochaska stated that staff is working on something to present to the Administration Committee. Street Parking of Oversized Vehicles Alderman Munns stated that residents of Fox Hill have complained about semi trucks parked overnight on John Street. He asked that it be brought to Committee,either Public Safety or Public Works. It was recommended that the Public Safety Committee review this and Alderman Kot said that would be alright. Ward Maps Alderman Munns asked if the updated Ward Maps were ready. Administrator Graff stated that the Clerk's Office would distribute them when they were complete sometime this week. Countryside Shopping Center Alderman Spears stated that there were no parking lights in the Countryside Shopping Center parking lot by the Video Store and Dance Studio and that it was very dark and a public safety issue. She requested that these lights be repaired. Also,the theater sign appears to have wind damage and needs to be removed. Bi-monthly Reports Alderman Spears requested if Council could again start getting the bi-monthly reports prepared by the City Administrator. Tree Trimming Alderman Spears asked if the problem had been addressed. Mayor Prochaska stated that the Director of Public Works has met with the property owners and a solution is being worked out. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of: For the appointment,employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity;and for litigation,when an action against,affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent. He asked that Attorney Wyeth,Attorney Kramer,Attorney Hitzelman,Attorney Smith,and Park Board President Chris Rollins be included in the discussion. To be followed immediately with an executive session for: The purchase or lease of real property for the use of the public body. He asked that the City Attorney,City Administrator,Executive Director of Parks and Recreation, Park Board President Chris Rollins,and Deputy Clerk be included in the discussion. So moved by Alderman Kot;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Sticka-aye,Besco- aye The Council took a break and entered into Executive Session. The Council returned to regular session at 9:29 p.m. No further action was taken. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Munns. Motion approved by a viva voce vote. Meeting adjourned at 9:30 P.M. Minutes submitted by: Elizabeth A.D'Anna, Deputy Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R. , R . P . R . , on January 11 , 2005, at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-747605 ____(-- 1 DEP® • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR. ARTHUR F . PROCHASKA, Mayor ; 3 MR . RICH STICKA, Alderman; 4 MR. PAUL JAMES, Alderman; 5 MR . JOSEPH BESCO, Alderman; 6 MS . VALERIE BURD, Alderwoman; 7 MS . WANDA OHARE , Alderwoman; 8 MS . ROSE ANN SPEARS , Alderwoman; 9 MR . MARTY MUNNS , Alderman; 10 MR . WILLIAM POWELL, City Treasurer ; 11 MS . LIZ D ' ANNA. 12 13 14 APPEARANCES : 15 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 16 Naperville , Illinois 60563 ( 630 ) 355-1458 17 BY: MR . JOHN JUSTIN WYETH, appeared on behalf of the United 18 City of Yorkville . 19 20 21 22 23 24 Depo Court Reporting Service 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : I would entertain 3 a motion to go into public hearing, the first one 4 for the purpose of hearing the Richard Marker 5 Associates , Inc . , petitioners, request for an 6 amendment to the Annexation and Planned Unit 7 Development Agreement to allow the subdivision of 8 Lot 3 in Heartland Center Unit I in the United 9 City of Yorkville , Kendall County, Illinois . 10 MR . BESCO : So moved . 11 MS . BURD : So moved . 12 MS . OHARE : Second . 13 MAYOR PROCHASKA : Moved and Ohare 14 seconded . May I have roll call , please? 15 MS . D ' ANNA: Alderman Burd . 16 MS . BURD : Aye . 17 MS . D ' ANNA: Alderman James . 18 MR. JAMES : Aye . 19 MS . D ' ANNA: Alderman Kot . 20 MR . KOT : Aye . 21 MS . D ' ANNA: Alderman Munns . 22 MR . MUNNS : Aye . 23 MS . D ' ANNA: Alderman Ohare . 24 MS . OHARE : Aye . Depo Court Reporting Service 4 1 MS . D ' ANNA: Alderman Spears . 2 MS . SPEARS : Aye . 3 MS . D ' ANNA: Alderman Sticka . 4 MR. STICKA: Aye . 5 MS . D ' ANNA: Alderman Besco . 6 MR. BESCO : Aye . 7 MAYOR PROCHASKA : Motion is carried . 8 We are in public hearing . 9 At this time do you want to 10 come up, Clayton, and talk about what you are 11 going to be doing, or your attorney? 12 WHEREUPON : 13 JOHN PHILIPCHUCK, 14 testified before the City Council as follows : 15 MR . PHILIPCHUCK : Good evening . 16 John Philipchuck, attorney on behalf of Richard 17 Marker Associates . 18 The City Council is familiar 19 with the property at McHugh and Route 34 , and we 20 are here amending the old annexation agreement to 21 allow for a resubdivision of the property . 22 It ' s the commercial property 23 that was part of the original Heartland in 24 Yorkville . Depo Court Reporting Service 5 1 And as a result of the 2 relooking of the property, this plan that I have 3 just put up, with the help of Tony, was the 4 original idea for the property . 5 We thought that there may be an 6 opportunity to do a larger box retail on the -- 7 on the site, with some smaller retail , and the 8 clubhouse was along the southern portion of the 9 site . 10 MR . MUNNS : Excuse me, John . So you 11 don ' t have to redo this all , can you like -- so 12 Valerie , Rose and I can see it -- there you go . 13 MR. PHILIPCHUCK : Still see it on 14 that side? Okay . 15 We have then come through with 16 a couple of subdivision units, you know, we have 17 a couple of -- we have an office building out 18 there now and then a day care facility . 19 And our current plan is to 20 amend that plat , or Lot 3 , that large lot that 21 you saw, into several lots , with an ultimate 22 configuration that would look like this . 23 In other words , we have the 24 ability to provide for some smaller office uses Depo Court Reporting Service 6 1 similar to what we have previously constructed on 2 the site , still a retail building in the center , 3 much smaller than originally anticipated . 4 We had an opportunity at one 5 time for a bank on the corner . That may be 6 another one where it could result in another 7 use , and then we ' re showing how we could have 8 some additional ancillary parking on the site . 9 So the request is to amend our 10 original PUD and that preliminary plan and plat 11 as part of this annexation agreement amendment to 12 allow us to really more in keeping with what has 13 happened around this property since it was 14 originally annexed and zoned to now reflect what 15 we think the market conditions really are today . 16 MAYOR PROCHASKA: Okay . The only 17 thing I ' m going to ask you to do now is can you 18 kind of turn that and let all the folks out there 19 see what it is you are proposing, because this is 20 a public hearing, for the public to see , too, so 21 if you want to explain just what that particular 22 layout looks like now, what ' s where . 23 MR . PHILIPCHUCK : Again, there is 24 Route 34 . You ' ve probably been by the site and Depo Court Reporting Service 7 1 seen the access that ' s being constructed out 2 there now, the Chicago Title facility, that 3 building is located here, this is the day care 4 facility that was just constructed, and so the 5 revised plan would have maybe three more 6 office-type buildings , retail, and some future 7 potential use for the corner . 8 MAYOR PROCHASKA : Okay . At this 9 time I ' d like to open the floor to anyone that 10 would have any comments to the City Council . 11 Is there anyone that would like 12 to comment on this project? 13 (No response ) 14 MAYOR PROCHASKA : Hearing none , I ' d 15 ask does the City Council have any comments at 16 this time? 17 MS . OHARE : I did, just a simple 18 question . The area that ' s to the right , is 19 that -- will that be open green space at 34 , it ' s 20 on the south side of 34 ? It ' s right in the 21 front . Is that green space? Nothing is planned 22 for that area, it ' s very small . 23 MR . PHILIPCHUCK : We have had to 24 provide for the future widening of -- looking Depo Court Reporting Service 8 1 across -- 2 MAYOR PROCHASKA: I think she is 3 looking at the piece of property -- 4 MS . OHARE : To the left, right 5 there . 6 MR . PHILIPCHUCK : Here or here ? 7 MS . OHARE : Other side . Down . 8 There . 9 MR . PHILIPCHUCK : That ' s the Chicago 10 Title building, already present, and this one is 11 under construction . 12 MS . OHARE : Okay . I had it turned 13 around then the other way. 14 MR . PHILIPCHUCK : Okay, sorry . 15 MS . OHARE : That ' s okay . Thank you . 16 MR . MUNNS : A question to John, as 17 far as parking, is there adequate parking for the 18 different retail and proposed businesses you are 19 putting in there? 20 MR . PHILIPCHUCK : Yes . We have 21 designed this to meet the ordinance 22 requirements , and then what we ' re showing here -- 23 because these are unusual shaped parcels , there 24 could be an opportunity to do something with Depo Court Reporting Service 9 1 this adjoining property in the future, so for now 2 we are just showing that as parking, but in 3 reality, you know, it might make sense to put 4 that together if this property hopefully will 5 redevelop at some point in the future, so that 6 was our thought there . 7 This would be overflow parking 8 if it was needed for -- you know, let ' s say we 9 got -- well , I think the cat ' s out of the bag, we 10 are looking at a restaurant in this location now, 11 so if the need is for additional parking, we have 12 the ability to provide it . 13 MR. MUNNS : Thank you . 14 MAYOR PROCHASKA: Thank you, John . 15 MR . PHILIPCHUCK : Thank you . 16 MAYOR PROCHASKA : Anyone else? 17 (No Response) 18 MAYOR PROCHASKA : Hearing none , I 19 would entertain a motion to close this public 20 hearing . 21 MS . SPEARS : So moved . 22 MR. MUNNS : Second . 23 MS . OHARE : Second . 24 MAYOR PROCHASKA: Moved and Depo Court Reporting Service 10 1 seconded . Comments or questions ? 2 (No response ) 3 MAYOR PROCHASKA: May I have roll 4 call , please? 5 MS . D ' ANNA: Alderman James . 6 MR . JAMES : Aye . 7 MS . D ' ANNA : Alderman Burd. 8 MS . BURD: Aye . 9 MS . D ' ANNA: Alderman Besco . 10 MR . BESCO : Aye . 11 MS . D ' ANNA: Alderman Sticka . 12 MR . STICKA: Aye . 13 MS . D ' ANNA: Alderman Spears . 14 MS . SPEARS : Aye . 15 MS . D ' ANNA: Alderman Ohare . 16 MS . OHARE : Aye . 17 MS . D ' ANNA: Alderman Kot . 18 MR . KOT : Aye . 19 MS . D ' ANNA: Alderman Munns . 20 MR . MUNNS : Aye . 21 MAYOR PROCHASKA: Motion is carried. 22 The next portion, I ' m 23 thinking can we discuss both these at the same 24 time , or do they need to be -- they are both Depo Court Reporting Service 11 1 annexations . 2 MR . WYETH : They are two separate 3 properties , they should be separate . 4 MAYOR PROCHASKA : Okay . I would 5 entertain a motion to go into public hearing to 6 discuss the annexation of the territory herein 7 described as the Countryside pump station site . 8 MS . OHARE : So moved . 9 MR. KOT : Second . 10 MAYOR PROCHASKA : Moved and 11 seconded . May I have roll call ? 12 MS . D ' ANNA : Alderman Kot . 13 MR. KOT : Aye . 14 MS . D ' ANNA: Alderman Munns . 15 MR. MUNNS : Aye . 16 MS . D ' ANNA : Alderman Ohare . 17 MS . OHARE : Aye . 18 MS . D ' ANNA: Alderman Spears . 19 MS . SPEARS : Aye . 20 MS . D ' ANNA : Alderman Sticka . 21 MR. STICKA: Aye . 22 MS . D ' ANNA : Alderman Besco . 23 MR. BESCO : Aye . 24 MS . D ' ANNA : Alderman Burd . Depo Court Reporting Service 12 1 MS . BURD : Aye . 2 MS . D ' ANNA : Alderman James . 3 MR . JAMES : Aye . 4 MAYOR PROCHASKA: The motion is 5 carried . We are now in public hearing . 6 This is the public hearing to 7 annex that piece of property that the City bought 8 basically to the north of Countryside along 9 Route 47 , which is the proposed location for the 10 pump station for the Countryside sewer 11 intercepter . 12 I don ' t know, John, is there 13 any other detail we need on this? 14 MR. WYETH : No . Since it ' s the 15 City ' s property now, it will be annexed to the 16 City . 17 MAYOR PROCHASKA: And it is 18 immediately, like I say, to the north of 19 Countryside . Tony? Why don ' t you set that up 20 over here so the aldermen -- Okay . That ' s fine , 21 too, so that the public can see it . 22 Okay . Do you want to kind of 23 just point where that piece is at there , Tony, 24 just north of Countryside? Depo Court Reporting Service 13 1 MR. GRAFF : There it is . 2 MAYOR PROCHASKA : Right there . 3 Would be just right almost basically right across 4 the street from the Menard ' s -- 5 MR. GRAFF : Menard ' s is here . 6 MAYOR PROCHASKA : -- just north of 7 Countryside, it ' s approximately one acre , it was 8 purchased by the City for the purpose of putting 9 that lift station in . 10 It currently is not annexed 11 into the City and so we are looking at annexing 12 that into the City . 13 And with that , I ' d open the 14 floor . Is there any comments or questions from 15 anyone in the audience? 16 WHEREUPON : 17 ROBIN MILLER, 18 testified before the City Council as follows : 19 MS . MILLER : I just have a question 20 because I received a letter with the notice of 21 the fact that there was going to be this -- 22 MAYOR PROCHASKA : Okay . 23 MS . MILLER: -- so I assume that 24 might involve me . So there is no -- it ' s only Depo Court Reporting Service 14 1 that one acre involved? 2 I live in the Blackberry Creek 3 subdivision, and there ' s been from time to time 4 talk about that being annexed . 5 So this does not include any 6 property in that area? 7 MAYOR PROCHASKA: No, in fact, it ' s 8 -- Correct . It ' s on the other side of Route 9 47 -- 10 MS . MILLER : Okay . 11 MAYOR PROCHASKA: -- and immediately 12 north of Countryside . 13 MS . MILLER : And the only property 14 that we own . 15 MR . STICKA: It ' s a total of one 16 acre . 17 MAYOR PROCHASKA: It ' s one acre . 18 MS . MILLER : Nothing to do with Van 19 Emmon either , correct? 20 MAYOR PROCHASKA: No. It ' s up on 21 the north side of town . 22 MS . SPEARS : Did you get a notice 23 also? 24 MAYOR PROCHASKA : There is Depo Court Reporting Service 15 1 another -- Now, there is another public hearing 2 for another lift station that may -- you may have 3 gotten that notice from, because it ' s actually 4 down at the end of Bruell Street, which 5 notification would have probably gone as far as 6 Van Emmon, but that ' s -- we haven ' t gotten to 7 that one yet . 8 MS . SPEARS : Did she get a notice 9 because she lives within a certain radius or 10 whatever? 11 MAYOR PROCHASKA : Right . Right . 12 MS . MILLER : Oh . And what is that 13 radius , do we know? 14 MAYOR PROCHASKA: It ' s 500 feet . 15 MS . MILLER : Oh . But it doesn ' t 16 have to include you, just a radius ? 17 MAYOR PROCHASKA : No, just to notify 18 that this area is looking at being annexed . 19 MS . MILLER : Thank you . 20 MAYOR PROCHASKA: Anyone else? 21 Madame, can I have your name for the record? 22 MS . MILLER : Robin Miller . 23 MAYOR PROCHASKA : Anyone on the 24 Council have any comments on this ? Depo Court Reporting Service 16 1 (No Response ) 2 MAYOR PROCHASKA: With that, I would 3 entertain a motion to close the public hearing . 4 MR . STICKA : So moved. 5 MR . KOT : Second . 6 MAYOR PROCHASKA : Moved and 7 seconded . May I have roll call , please? 8 MS . D ' ANNA : Alderman James . 9 MR . JAMES : Aye . 10 MS . D ' ANNA : Alderman Burd . 11 MS . BURD : Aye . 12 MS . D ' ANNA : Alderman Besco . 13 MR. BESCO: Aye . 14 MS . D ' ANNA : Alderman Sticka . 15 MR . STICKA : Aye . 16 MS . D ' ANNA : Alderman Spears . 17 MS . SPEARS : Aye . 18 MS . D ' ANNA : Alderman Ohare . 19 MS . OHARE : Aye . 20 MS . D ' ANNA : Alderman Munns . 21 MR . MUNNS : Aye . 22 MS . D ' ANNA : Alderman Kot . 23 MR . KOT : Aye . 24 MAYOR PROCHASKA: The motion is Depo Court Reporting Service 17 1 carried . 2 Next I would entertain a motion 3 to go into public hearing for the discussion to 4 annex the territory hereinafter described as the 5 Bruell Street pump station site . 6 MR . JAMES : So moved . 7 MS . BURD : Second . 8 MAYOR PROCHASKA : May I have roll 9 call , please? 10 MS . D ' ANNA : Alderman Munns . 11 MR . MUNNS : Aye . 12 MS . D ' ANNA : Alderman Ohare . 13 MS . OHARE : Aye . 14 MS . D ' ANNA : Alderman Spears . 15 MS . SPEARS : Aye . 16 MS . D ' ANNA : Alderman Sticka . 17 MR . STICKA : Aye . 18 MS . D ' ANNA : Alderman Besco . 19 MR. BESCO : Aye . 20 MS . D ' ANNA : Alderman Burd . 21 MS . BURD: Aye . 22 MS . D ' ANNA : Alderman James . 23 MR. JAMES : Aye . 24 MS . D ' ANNA : Alderman Kot . Depo Court Reporting Service 18 1 MR. KOT : Aye . 2 MAYOR PROCHASKA: Motion is carried . 3 We are now in public hearing . And now, this is 4 similar . This is a property that the City 5 purchased for a pump station for sewer that is 6 located on Bruell Street north of the Fox River, 7 actually it would be just to the -- between East 8 Main and the river . 9 MR. GRAFF : In line with the 10 swimming pool . 11 MAYOR PROCHASKA: Yeah , just to the 12 southeast of the Lions ' pool property . 13 And, again, you were probably 14 notified because you were within that 500 feet of 15 that piece of property, so -- and, again, you 16 were probably notified because you were within 17 that 500 feet of that property, so -- 18 UNIDENTIFIED SPEAKER: You say it ' s 19 north of the river? 20 MR . GRAFF : Yes . 21 MAYOR PROCHASKA : Yes . 22 UNIDENTIFIED SPEAKER: I am south of 23 the river . 24 MAYOR PROCHASKA: Yeah, but you are Depo Court Reporting Service 19 1 still within the 500-feet radius that we notify 2 you . 3 UNIDENTIFIED SPEAKER : It has 4 nothing to do with my residence on Van Emmon 5 other than the fact I am 500 feet away? 6 MAYOR PROCHASKA : That ' s it , 7 correct . 8 Is there any other discussion 9 or comments to the City Council on this 10 particular piece of property? 11 MAYOR PROCHASKA : Yes . 12 WHEREUPON : 13 DALE WOODWORTH, 14 testified before the City Council as follows : 15 MR . WOODWORTH : Dale Woodworth . At 16 the time that they done that , they said that they 17 put a wall up by the building and that they would 18 put the exhaust fan thing, so it would be away 19 from the subdivision . 20 Is that still in or would you 21 just mention that when they do it to make 22 sure -- 23 MAYOR PROCHASKA : You just did, and 24 at this point in time we were just looking at Depo Court Reporting Service 20 1 annexing the property . 2 MR . WOODWORTH : Right , right . 3 MAYOR PROCHASKA: Thank you . Anyone 4 else ? Yes , sir . 5 WHEREUPON : 6 MIKE BURKS , 7 MR . BURKS : Mike Burks . I live down 8 in the property, too, and I was served notice 9 also . 10 I ' ve got a question . With 11 building the pump station, is it your idea to 12 have the siren there also? 13 MAYOR PROCHASKA: I think the siren 14 was thought to be there, but I think that was 15 actually separate from the fact that a lift 16 station would be there . 17 I think that was identified as 18 a spot for the emergency siren or somewhere in 19 that general vicinity also . 20 MR . BURKS : Okay . My second 21 question would be after annexation of the actual 22 site for the pump station, is it then going to 23 be -- is there going to be then an annexation of 24 the ten acres that the sewer is going through Depo Court Reporting Service 21 1 right now, is being gone through right now? 2 MAYOR PROCHASKA : The piece behind 3 you you are talking about? It ' s already annexed . 4 MR. BURKS : Oh, it ' s already 5 annexed? 6 MAYOR PROCHASKA : It ' s been annexed 7 for many years . 8 MR. BURKS : Oh, okay . 9 MR. GRAFF : It ' s annexed and 10 zoned . 11 MAYOR PROCHASKA : Actually -- we 12 -- Yeah, it was annexed and zoned . What we found 13 out was just this little area here was not as it 14 abuts to some of those lots down on Gawne Lane 15 that are not in the city . 16 MR. BURKS : Okay . 17 MAYOR PROCHASKA : Sure . Anyone 18 else? Yes , sir . 19 WHEREUPON : 20 JOHN GAWNE, 21 testified before the City Council as follows : 22 MR. GAWNE : My name is John Gawne , 23 and I live -- we have property in Gawne Lane 24 there , and we haven ' t heard any details what this Depo Court Reporting Service 22 1 is all about, so I don ' t even know . Is this an 2 informational meeting or what? 3 MAYOR PROCHASKA: This is actually 4 to -- it ' s the location of a lift station . The 5 lift station is -- we already have one -- 6 MR . GAWNE : We have the one at the 7 end of Gawne Lane . 8 MAYOR PROCHASKA : -- at the end of 9 Gawne Lane , and there is also one just to the 10 north of this site, on -- just off of East Main . 11 What this lift station will do 12 is actually eliminate those other two . 13 MR. GAWNE : Okay . 14 MAYOR PROCHASKA: We are trying to 15 get rid of having a lot of different lift 16 stations , so this -- By locating this one here , 17 we will be actually eliminating those other two, 18 plus one up in the apartment center, so we will 19 actually be eliminating three lift stations for 20 one . 21 MR . GAWNE : Is there -- is there -- 22 But is there talk of annexing those homes along 23 that lane there involved? 24 MAYOR PROCHASKA: Well , not unless Depo Court Reporting Service 23 1 you guys want to come and talk about it . 2 MR . GAWNE : Okay . But I mean, I was 3 told secondhand that they wanted an easement or 4 something to put sewers back in there on the 5 property on Gawne Lane or -- 6 MAYOR PROCHASKA : I don ' t know that 7 it involves any of your properties -- 8 MR . GAWNE : Okay . 9 MAYOR PROCHASKA : -- so I think it ' s 10 the property on -- I mean, I have not seen, you 11 know, any of -- any of your particular 12 properties . 13 And if they did, you would 14 obviously have to be notified before the City 15 would do that . 16 MR. GAWNE : Right . 17 MAYOR PROCHASKA : It ' s all to the 18 north of you guys . 19 MR . GAWNE : Is there -- Okay . Maybe 20 I got the wrong meeting . Are you talking -- Is 21 there another meeting going on as far as -- I 22 mean, I was hearing stuff about wanting to -- you 23 know, we have a one lane road there . I ' m hearing 24 talk about wanting to put a road through there . Depo Court Reporting Service 24 1 MAYOR PROCHASKA: Well , you know, 2 rumors run rampant . 3 MR . GAWNE : Okay . 4 MAYOR PROCHASKA: And where -- you 5 know, where people get ideas and different things 6 that are -- there has been discussion of a road 7 going to the -- there is -- the stub of a road 8 that goes to the east and we ' ve talked about 9 putting a driveway out to the property that would 10 go to the west , north of your properties . 11 I don ' t know that we are 12 looking at a right-of-way that goes all the way 13 across at this time . Are we? 14 (No Response ) 15 WHEREUPON : 16 PAULA WILKINSON, 17 testified before the City Council as follows : 18 MS . WILKINSON : I went to the City 19 the other day -- 20 MAYOR PROCHASKA? Can I just have 21 your name for the record, please? 22 MR . GAWNE : My name ? 23 MAYOR PROCHASKA : Yes . 24 MR . GAWNE : Yes . John Gawne . Depo Court Reporting Service 25 1 MAYOR PROCHASKA : Thank you . And 2 then? 3 MS . WILKINSON : Paula Wilkinson . I 4 went to the City the other day, and there is a 5 property that Dale is proposing, it does involve 6 the street property . 7 MAYOR PROCHASKA: Easement on Dale ' s 8 property . 9 MS . WILKINSON : Well , Dale is right 10 here . I thought it was a street . 11 MR. WOODWORTH : No, it ' s just an 12 easement so they ' ve got the sewer and water . 13 MS . WILKINSON : Okay . There are 14 lots proposed there . 15 MR . WOODWORTH : Yeah, but it will 16 just be private lots . 17 MS . WILKINSON : I think that ' s what 18 he ' s heard . 19 MR . WOODWORTH : There will just be 20 three lots there, eventually not a road, it will 21 just be equal . 22 MAYOR PROCHASKA: I think we are 23 kind of getting off the track of this particular 24 one . All we are looking at is annexing just that Depo Court Reporting Service 26 1 one lot right where the lift station would go 2 immediately south of basically where the current 3 lift station is , okay? 4 MS . WILKINSON : Thank you . 5 MAYOR PROCHASKA : Sure . Anyone 6 else? 7 (No Response ) 8 MAYOR PROCHASKA : Is there any 9 comments by the City Council? 10 (No Response ) 11 MAYOR PROCHASKA : Hearing none , I 12 would entertain a motion to close the public 13 hearing . 14 MR. STICKA : So moved . 15 MR. JAMES : Second . 16 MAYOR PROCHASKA : Moved and 17 seconded. May I have roll call , please? 18 MS . D ' ANNA : Alderman Kot . 19 MR. KOT : Aye . 20 MS . D ' ANNA: Alderman Ohare . 21 MS . OHARE : Aye . 22 MS . D ' ANNA: Alderman Spears . 23 MS . SPEARS : Aye . 24 MS . D ' ANNA: Alderman Sticka . Depo Court Reporting Service 27 1 MR . STICKA : Aye . 2 MS . D ' ANNA : Alderman James . 3 MR . JAMES : Aye . 4 MS . D ' ANNA : Alderman Burd . 5 MS . BURD : Aye . 6 MS . D ' ANNA : Alderman Besco . 7 MR. BESCO : Aye . 8 MS . D ' ANNA : Alderman Munns . 9 MR . MUNNS : Aye . 10 MAYOR PROCHASKA: Motion is carried . 11 (Which were all the 12 proceedings reported at the 13 date and time 14 aforementioned . ) 15 ---000--- 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service 28 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set i Q i 15 my hand this `� y7Cof �`lC '"�� 16 2005 . rr 17 18 19 r R •j �.. . �? //� 20 LAC CHRISTINE M . VITOSH, C . S . R . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service United City of Yorkville Multi-Page & - involved January 11, 2005 17:18,20,22,24 26:18,20 buildings[1] 7:6 12:2 16:8,10,12,14,16,18 fine[i] 12:20 -&- 26:22,24 27:2,4,6,8 Burd[1s] 2:6 3:11,15,16 16:20,22 17:10,12,14,16 first[2] 3:3 28:4 aldermen[1] 12:20 10:7,8 11:24 12:1 16:10 17:18,20,22,24 26:18,20 floor[2] 7:9 13:14 &[1] 2:15 26:22,24 27:2,4,6,8 Alderwoman[3] 2:6,7 16:11 17:7,20,21 27:4,5 folks[1] 6:18 2:8 Burks[7] 20:6,7,7,20 D-747605[1] 1:9 -0- 21:4,8,16 Dale[a] 19:13,15 25:5,9 follows[5) 4:14 13:18 Allegiance[1] 3:1 19:14 21:21 24:17 084-002883[1] 28:21 allow[3] 3:7 4:21 6:12 business[1] 28:7 Dale's[1] 25:7 foregoing[2] 28:9,10 almost[1] 13:3 businesses[1] 8:18 date[1] 27:13 found[1] 21:12 -2- along[3] 5:8 12:8 22:22 described[2] 11:7 17:4 Fox[1) 18:6 2005[2] 1:6 28:16 amend[2) 5:20 6:9 -C- designed[1] 8:21 front[1] 7:21 amending[1] 4:20 C[1] 2:14 detail[1) 12:13 future[a] 7:6,24 9:1,5 -3- amendment[2] 3:6 6:11 C.S.R[2] 1:5 28:20 details[1] 21:24 300[1] 2:15 ancillary[1] 6:8 care[2] 5:18 7:3 Development[1] 3:7 -G- 34[a] 4:19 6:24 7:19,20 ANN[1] 2:8 carried[6] 4:7 10:21 12:5 different[3] 8:18 22:15 355-1458[1] 2:16 annex[2] 12:7 17:4 17:1 18:2 27:10 24:5 Game[1] 1:7 annexation[6) 3:6 4:20 cat's[1] 9:9 discuss[2] 10:23 11:6 Gawne[19] 21:14,20,22 380[1] 2:15 21:22,23 22:6,7,9,13,21 discussion[3) 17:3 19:8 6:11 11:6 20:21,23 center[3] 3:8 6:2 22:18 23:2,5,8,16,19 24:3,22,24 24:6 -4_ annexations[1) 11:1 certain[1) 15:9 24:24 annexed[lo] 6:14 12:15 Certified[1] 28:5 doesn't[1] 15:15 general[1] 20:19 47[2] 12:9 14:9 13:10 14:4 15:18 21:3,5,6done[1] 19:16 Chicago[z] 7:2 8:9 goes[2] 24:8,12 21:9,12 down[a] 8:7 15:4 20:7 CHRISTINE[3] 1:5 gone[z] 15:5 21:1 -5- annexing[a) 13:11 20:1 28:4,20 21:14 22:22 25:24 driveway[1] 24:9 Good[1] 4:15 500[a] 15:14 18:14,17 antici ated[1] 6:3 city[26] 1:1,2,7 2:10,18 duly GRAFF[s] 13:1,5 18:9 19:5 P 3:9 4:14,18 7:10,15 12:7 y[1] 28:4 18:20 21:9 500-feet[1] 19:1 apartment[1] 22:18 12:16 13:8,11,12,18 18:4 appeared[1] 2:17 19:9,14 21:15,21 23:14 -E- 24:17,18 E_ green[z] 7:19,21 -6- area[s] 7:18,22 14:6 24:1 x,18 25:4 26:9 E[4] 2:1,1,14,14 guys[z] 23:1,18 60563[1] 2:16 15:18 21:13 City's[1] 12:15 ARTHUR[1] 2:2 Clayton[1] 4:10 easement[3] 23:3 25:7 -H- ARTHUR[1] 2:16 close[3] 9:19 16:3 26:12 25:12 hand[1] 28:15 Associates[2] 3:5 4:17 east[a] 2:15 18:7 22:10 assume[1] 13:23 clubhouse[1] 5:8 24:8 heard[2] 21:24 25:18 -7_ attorney[2] 4:11,16 comment[1) 7:12 either[1] 14:19 hearing poi 3:3,4 4:8 7:00[1) 1:6 audience[1) 13:15 comments[7] 7:10,15 eliminate[1] 22:12 6:20 7:14 9:18,20 11:5 10:1 13:14 15:24 19:9 12:5,6 15:1 16:3 17:3 18:3 Avenue[1] 2:15 eliminating[2] 22:17 23:22,23 26:11,13 28:9 26:9 -8- away[2] 19:5,18 22:19 28:13 commercial[1] 4:22 800[1] 1:7 Aye[as] 3:16,18,20,22,24 Conditions[1) 6:15 emergency[1] 20:18 Heartland[2) 3:8 4:23 4:2,4,6 10:6,8,10,12,14 Emmon[3] 14:19 15:6 HEITZ[1) 2:15 10:16,18,20 11:13,15,17 configuration[1] 5:22 19:4 -A- help[1] 5:3 11:19,21,23 12:1,3 16:9 constructed[3] 6:1 7:1 end[3] 15:4 22:7,8 ability[2] 5:24 9:12 16:11,13,15,17,19,21,23 7:4 herein[1] 11:6 above-entitled[1) 1:4 17:11,13,15,17,19,21,23 construction[1] 8:11 entertain[7 11:5 16:3 17::2 26:1 2 3:2 92 hereinafter[1] 17:4 18:1 26:19,21,23 27:1,3,5 hereunto[1] 28:14 abuts[1] 21:14 27:7 9 contains[1] 28:12 equal[1] 25:21 access[1] 7:1 corner[2] 6:5 7:7 evening[1] 4:15 homes[1] 22:22 acre[a) 13:7 14:1,16,17 -B- correct[a] 14:8,19 19:7 eventually[1] 25:20 hopefully[1] 9:4 acres[1] 20:24 28:11 hour[1] 1:6 ba [1] 9:9 Excuse[1) 5:10 actual[1] 20:21 g Council[1z] 1:1 4:14,18 exhaust[1] 19:18 additional[z) 6:8 9:11 bank[1] 6:5 7:10,15 13:18 15:24 19:9 -1- behalf[2] 2:17 4:16 19:14 21:21 24:17 26:9 explain[1] 6:21 adequate[1] 8:17 dun side 11:7 idea[2] 5:4 20:11 adjoining[1] 9:1 behind[1] 21:2 �' rn ideas[1] 24:5 BeSCo[1a] 2:5 3:10 4:5,6 12:8,10,19,24 13:7 14:12 -F- aforementioned[1] 10:9,10 11:22,23 16:12 County[2] 3:9 28:2 F[1] 2:2 identified[1] 20:17 27:14 16:13 17:18,19 27:6,7 couple[2] 5:16,17 facility[3) 5:18 7:2,4 Illinois[6) 1:2,8 2:16 3:9 aforesaid[1] 28:12 28:1,7 between[i] 18:7 Creek[1] 14:2 fact[a] 13:21 14:7 19:5 again[3] 6:23 18:13,15 immediately[3] 12:18 Blackberry[1] 14:2 CSR[1] 28:21 20:15 14:11 26:2 agreement[3] 3:7 4:20 bought[1] 12:7 current[2] 5:19 26:2 familiar[1] 4:18 6:11 Inc[1] 3:5 Alderman[52] 2:3,4,5,9 box[1] 5:6 fan[1] 19:18 include[2] 14:5 15:16 3:15,17,19,21,23 4:1,3,5 BROMBEREK[1] -D- far[3] 8:17 15:5 23:21 informational[1] 22:2 10:5,7,9,11,13,15,17,19 2:15 D'ANNA[49] 2:11 3:15 Farm[1] 1:7 intercepter[1] 12:11 11:12,14,16,18,20,22,24 Bruell[3] 15:4 17:5 18:6 3:17,19,21,23 4:1,3,5 10:5 feet[4) 15:14 18:14,17 12:2 16:8,10,12,14,16,18 building[6] 5:17 6:2 7:3 10:7,9,11,13,15,17,19 19:5 involve[2] 13:24 25:5 16:20,22 17:10,12,14,16 8:10 19:17 20:11 11:12,14,16,18,20,22,24 Fifth[1] 2:15 involved[2] 14:1 22:23 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 United City of Yorkville Multi-PagelN1 involves - shorthand January 11, 2005 involves[1] 23:7 11:11 15:2,2 16:7 17:8 19:4 pool[2] 18:10,12 redevelop[1] 9:5 26:17 notice[5] 13:20 14:22 portion[2] 5:8 10:22 redo[1] 5:11 _J_ Mayor[67] 2:2 3:2,13 4:7 15:3,8 20:8 potential[1] 7:7 reflect[1i 6:14 James[15] 2:4 3:17,18 6:16 7:8,14 8:2 9:14,16 notification[11 15:5 POWELL[1] 2:10 Registered[i] 28:6 9:18,24 10:3,21 11:4,10 notified[3] 18:14,16 10:5,6 12:2,3 16:8,9 17:6 12:4,17 13:2,6,22 14:7,11 23:14 preliminary[i] 6:10 relooking[i] 5:2 17:22,23 26:15 27:2,3 14:17,20,24 15:11,14,17 present[1] 8:10 REPORT[1] 1:3 January[1] 1:6 15:20,23 16:2,6,24 17:8 notify[2] 15:17 19:1 previously[1] 6:1 reported[2] 27:12 28:8 John[lo] 2:17 4:13,16 18:2,11,21,24 19:6,11,23 now[14] 5:18 6:14,17,22 private[li 25:16 Reporter[z] 28:6,7 5:10 8:16 9:14 12:12 20:3,13 21:2,6,11,17 22:3 7:2 9:1,10 12:5,15 15:1 21:20,22 24:24 22:8,14,24 23:6,9,17 24:1 18:3,3 21:1,1 proceedings[4] 1:3 request[2] 3:5 6:9 24:4,20,23 25:1,7,22 26:5 27:12 28:9,13 requirements[i] 8:22 JOSEPH[1] 2:5 26:8,11,16 27:10 _�_ PROCHASKA[67] 2:2 JUSTIN[1] 2:17 residence[1i 19:4 McHugh[1] 4:19 3:2,13 4:7 6:16 7:8,14 8:2 response[7] 7:13 9:17 oath[i] 28:5 9:14,16,18,24 10:3,21 -K- mean[3] 23:2,10,22 obviously[1] 23:14 11:4,10 12:4,17 13:2,6,22 10:2 16:1 24:14 26:7,10 meet[I) 8:21 14:7,11,17,20,24 15:11 restaurant u) 9:10 keeping[1] 6:12 meeting[s] 1:1,3 22:2 off[2] 22:10 25:23 15:14,17,20,23 16:2,6,24 resubdivision[i] 4:21 Kendall[1] 3:9 23:20,21 office[2] 5:17,24 17:8 18:2,11,21,24 19:6 result[2] 5:1 6:6 kind[3] 6:18 12:22 25:23 Menard's[2] 13:4,5 office-type[1] 7:6 19:11,23 20:3,13 21:2,6 retail[s] 5:6,7 6:2 7:6 Kot[141 3:19,20 10:17,18 mention[1] 19:21 Ohare[22] 2:7 3:12,13,23 21:11,17 22:3,8,14,24 8:18 11:9,12,13 16:5,22,23 might 2 3:24 7:17 8:4,7,12,15 9:23 23:6,9,17 24:1,4,20,23 17:24 18:1 26:18,19 [ ] 9:3 13:24 10:15,16 11:8,16,17 16:18 25:1,7,22 26:5,8,11,16 revised[i] 7:5 Mike[2] 20:6,7 16:19 17:12,13 26:20,21 27:10 RICH[1] 2:3 Miller[u] 13:17,19,23old[1i 4:20 Professional[1] 28:6 Richard[2] 3:4 4:16 _L- 14:10,13,18 15:12,1519 rQ ect[1] 7:12 rid 22:15 , 15:22,22 one[19] 3:3 6:4,6 8:10 F .1 lane[6] 21:14,23 22:7,9 13:7 14:1,15,17 15:7 22:5 properties[4] 11:3 23:7 right us] 7:18,20 8:4 13:2 22:23 23:5 motion[12] 3:3 4:7 9:19 22:6,9,16,18,20 25:24 23:12 24:10 13:3,3 15:11,11 20:2,2 large[1] 5:20 10:21 11:5 12:4 16:3,24 26:1 property[27] 4:19,21,22 21:1,1 23:16 25:9 26:1 larger[1] 5:6 17:2 18:2 26:12 27:10 one-lane[1i 23:23 5:2,4 6:13 8:3 9:1,4 12:7 right-of-way[I] 24:12 LASALLE[i] 28:2 moved[12] 3:10,11,13 Open[3] 7:9,19 13:13 12:15 14:6,13 18:4,12,15 river[4] 18:6,8,19,23 layout[1] 6:22 9:21,24 11:8,10 16:4,6 opportunity 3 18:17 19:10 20:1,8 21:23 Y 17:6 26:14,16 pP ty[ ] 5:6 6:4 road[6] 1:7 23:23,24 24:6 23:5,10 24:9 25:5,6,8 left[1] 8:4 MS[98] 2:6,7,8,11 3:11 8:24 24:7 25:20 letter[1] 13:20 3:12,15,16,17,19,21,23,24 ordinance[1] 8:21 Proposed[3i 8:18 12:9 25:14 Robin[2] 13:17 15:22 License[1] 28:21 4:1,2,3,5 7:17 8:4,7,12,15 original[3] 4:23 5:4 6:10 proposing[2] 6:19 25:5 roll[6] 3:14 10:3 11:11 lift[lo] 13:9 15:2 20:15 9:21,23 10:5,7,8,9,11,13 originally[2] 6:3,14 16:7 17:8 26:17 22:4,5,11,15,19 26:1,3 10:14,15,16,17,19 11:8 overflow[1] 9:7 Provide[3i 5:24 7:24 Rose[2] 2:8 5:12 11:12,14,16,17,18,19,20 9:12 line[1] 18:9 11:22,24 12:1,2 13:19,23 own[1] 14:14 public[16] 3:3 4:8 6:20 Route[4] 4:19 6:24 12:9 Lions'[1] 18:12 14:10,13,18,22 15:8,12 6:20 9:19 11:5 12:5,6,21 14:8 live[3] 14:2 20:7 21:23 15:15,19,22 16:8,10,11 -p- 15:1 16:3 17:3 18:3 26:12 rumors[1] 24:2 lives[li 15:9 16:12,14,16,17,18,19,20 28:9,13 run[1] 24:2 16:22 17:7,10,12,13,14 P[3] 2:1,14,14 PUD[1] 6:10 LIZ[1] 2:11 17:15,16,18,20,21,22,24 p.m[1] 1:6 PSP[6] 11:7 12:10 17:5 -S- located[2] 7:3 18:6 24:18 25:3,9,13,17 26:4 parcels[1] 8:23 18:5 20:11,22 - locating[1] 22:16 26:18,20,21,22,23,24 27:2 parking[6] 6:8 8:17,17 S[2] 2:1,14 P g purchased[2] 13:8 18:5 location[3] 9:10 12:9 27:4,5,6,8 9:2,7,11 P saw[1] 5:21 Norms[17] 2:9 3:21,22 purpose[2] 3:4 13:8 22:4 5:10 8:16 9:13,22 10:19 P [2] 4:23 6:1] put[6] 5:3 9:3 19:17,18 says[1] 28:5 look[1] 5:22 10:20 11:14,15 16:20,21 Particular[4] 6:21 19:10 23:4,24 second[8] 3:12 9:22,23 looking[s] 7:24 8:3 9:10 23:11 25:23 11:9 16:5 17:7 20:20 17:10,11 27:8,9 putting[3] 8:19 13:8 26:15 13:11 15:18 19:24 24:12 PAUL[1] 2:4 25:24 -N- 24:9 seconded[s] 3:14 10:1 looks[1] 6:22 Paula[2] 24:16 25:3 people[1] 24:5 11:11 16:7 26:17 lots[5] 5:21 21:14 25:14 N[2] 2:1,14 -Q- secondhand[1] 23:3 25:16,20 name[4] 15:21 21:22 Petitioners[1] 3:5 questions[2] 10:1 13:14 see[5] 5:12,13 6:19,20 24:21,22 Philipchuck[11i 4:13 12:21 -M- Naperville[1] 2:16 4:15,16 5:13 6:23 7:23 8:6 -R- sense[1] 9:3 need[3] 9:11 10:24 12:13 8:9,]4,209:15 separate[3] 11:2,3 20:15 M[3] 1:5 28:4,20 piece[6i 8:3 12:7,23 R[2i 2:1,14 needed[1] 9:8 18:15 19:10 21:2 served[1] 20:8 Madame m 15:21 R.P.R[li 1:5 Main[2] 18:8 22:10 next[2] 10:22 17:2 plan[4] 5:2,19 6:10 7:5 radius[a] 15:9,13,]6 19:1 set[2i 12:19 28:14 Marker[2] 3:4 4:17 none[3] 7:14 9:18 26:11 planned[2] 3:6 7:21 rampant[1] 24:2 several[1] 5:21 market[1] 6:15 north[u] 12:8,18,24 13:6 plat[2] 5:20 6:10 reality[1] 9:3 sewer[4] 12:10 18:5 14:12,21 18:6,19 22:10 20:24 25:12 MARTY[1] 2:9 Pledge[1] 3:1 reall 2 23:18 24:10 y[ ] 6:12,15 sewers[1] 23:4 matter[1i 1:4plus[1] 22:18 received[11 13:20 notes[1] 28:11 shaped[1] 8:23 may[10] 3:14 5:5 6:5 10:3 nothing[3] 7:21 14:18 point[3] 9:5 12:23 19:24 record[2i 15:21 24:21 shorthand[3] 28:6,8,11 Depo Court Reporting Service Index Page 2 Naperville,Illinois (630) 983-0030 United City of Yorkville Multi-Page TM showing- zoned January 11, 2005 showing[3] 6:7 8:22 9:2 together[1] 9:4 yet[1] 15:7 side[i 5:14 7:20 8:7 14:8 Tony[3) 5:3 12:19,23 Yorkville[5] 1:2,7 2:18 14:21 toe[3] 6:20 12:21 20:8 3:9 4:24 Similar[2] 6:1 18:4 total[1] 14:15 simple[1) 7:17 town[i] 14:21 -Z- siren[3] 20:12,13,18 track Di 25:23 zoned[3] 6:14 21:10,12 Site[9] 5:7,9 6:2,8,24 11:7 transcript[11 28:11 17:5 20:22 22:10 Treasurer[i] 2:10 small[1] 7:22 true[1) 28:10 smaller[3] 5:7,24 6:3 trying[1] 22:14 somewhere[1] 20:18 turn[1) 6:18 sorry[1] 8:14 turned[11 8:12 South[3] 7:20 18:22 26:2 two[3] 11:2 22:12,17 southeast[1] 18:12 southern[1] 5:8 _U_ space[2] 7:19,21 SPEAKER[3] 18:18,22 ultimate[1) 5:21 19:3 under[1] 8:11 Spears[16] 2:8 4:1,2 9:21 UNIDENTIFIED[3] 10:13,14 11:18,19 14:22 18:18,22 19:3 15:8 16:16,17 17:14,15 Unit[2] 3:6,8 26:22,23 United[3] 1:2 2:17 3:8 spot p] 20:18 units[1] 5:16 SS[1] 28:1 unless[1] 22:24 State[2] 28:1,7 unusual[1] 8:23 station[14] 11:7 12:10 up[6] 4:10 5:3 12:19 13:9 15:2 17:5 18:5 20:11 14:20 19:17 22:18 20:16,22 22:4,5,11 26:1,3 uses[1] 5:24 stations[2] 22:16,19 Sticka[16] 2:3 4:3,4 -V- 10:11,12 11:20,21 14:15 16:4,14,15 17:16,17 26:14 Valerie[2] 2:6 5:12 26:24 27:1 Van[3) 14:18 15:6 19:4 Still[4] 5:13 6:2 19:1,20 vicinity[1] 20:19 Street[6] 13:4 15:4 17:5 VITOSH[3] 1:5 28:4,20 18:6 25:6,10 stub[1] 24:7 _W_ stuff[1] 23:22 Subdivision[4] 3:7 5:16 wall, [1] 19:17 14:3 19:19 WNDA[1] 2:7 Suite[11 2:15 wanting[2] 23:22,24 swimming[1] 18:10 water[1] 25:12 sworn[1] 28:5 west[1] 24:10 WHEREOF[1] 28:14 -T- widening[1] 7:24 T[l1 2:1 Wilkinson[s) 24:16,18 25:3,3,9,13,17 26:4 ten[l1 20:24 WILLIAM[l1 2:10 territory[2] 11:6 17:4 within[4] 15:9 18:14,16 testified[5] 4:14 13:18 19:1 19:14 21:21 24:17 WITNESS[11 28:14 Thank[s) 8:15 9:13,14 Woodworth[7] 19:13 9:15 15:19 20:3 25:1 26:4 19:15,15 20:2 25:11,15 they've[1] 25:12 25:19 thinking[1] 10:23 words[1) 5:23 thought[4] 5:5 9:6 20:14 wrong[11 23:20 25:10 WyETH[4] 2:15,17 three[31 7:5 22:19 25:20 11:2 12:14 through[4] 5:15 20:24 21:1 23:24 _Y- Title[2] 7:2 8:10 today[1] 6:15 years[1] 21:7 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983-0030 Page 1 of 7 ORAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE City Conference Room Tuesday, March 1,2005 - 7:00 p.m. In Attendance: City Art Prochaska—Mayor Harold Martin—Chief of Police Valerie Burd- Alderwoman Tony Graff—City Administrator(7:45pm) Marty Munns - Alderman John Wyeth—City Attorney Wanda Ohare - Alderwoman Traci Pleckham—City Finance Director Richard Sticka—Alderman Bill Powell—City Treasurer Rose Spears- Alderwoman Anna Kurtzmann - ICCI Joe Besco - Alderman Laura Brown—Exec. Director Parks&Recreation Guests Kathy Farren—Kendall County Record Lynn Dubajic—YEDC Kelly Kramer—Attorney Harold Oliver - HRM Properties Jeffrey Warren—Burke, Warren et. al Kathleen Field Orr -Attorney for Tri-Land Properties Chuck Brooks Hugh Robinson—Tri Land Properties Allecia Vermillion—The Beacon News Dean Wolfer The meeting was called to order at 7:00pm by Mayor Art Prochaska. The Mayor noted that the scheduled Executive Session would be postponed until next Tuesday. PUBLIC HEARING: None PRESENTATIONS: 1. TIF Development Agreement Final Draft and Executive Summary The Mayor stated that Kathleen Field Orr and Hugh Robinson were in attendance regarding this TIF. Ms. On summarized the steps for demolition of Countryside Center: 1. The City of Yorkville will issue bonds 2. Within 30 days the developer must acquire title to the property 3. When title is acquired, demolition must begin 4. Upon completion of demolition, $500,000 will be given to the owner for site improvement Page 2 of 7 5. Money in amount of$2.5 million is not given to developer until developer has"big box"retailer secured or sufficient rentals so that sales taxes will be generated to pay off bonds 6. Developer has 24 months to complete steps above 7. If completed in 24 months,the City agrees to a second note worth$2.2 million, not payable until debt service is paid each year 8. If steps not completed in 24 months, $2.2 million note will be reduced by $15,000 a month 9. If developer does not have "big box"retailer at the end of 36 months, the deal is void 10. The City of Yorkville would then take the proceeds not distributed and pay back the bonds Ms. Orr said that this procedure would ensure that the City of Yorkville money is protected and she recommended the agreement as presented. She felt these terms should provide incentive for the developer to proceed. She then opened the floor to questions. Mayor Prochaska suggested a"rider" on the property in the event the $2.5 million bond has already been given to the developer and the property went into bankruptcy or was sold. Ms. Orr explained that a"rider"could not be placed on the property because the bond is income-tax exempt. Treasurer Bill Powell asked for an explanation of the incremental taxes and how they apply and relate to this project. Ms. Orr said the "incremental sales taxes"are the sales tax that will be generated and"incremental taxes" are the real estate portion of the taxes. "Excess"taxes means that incremental taxes and incremental sales tax will be used to pay off the debt service. The "excess"after that payment is made is used for paying off the $2.2 million dollar note. Alderman Ohare asked for a timeline on the next steps to be taken. Ms. Orr has given the ordinance to Mr. Graff and this matter will proceed to the City Council meeting next week. It will be placed on the "Mayor's Report" for further comments. Alderman Besco noted that the Agreement notary signature area says "Cook County", however, Attorney Warren said that the Tri-Land office is located in Cook County so this would be proper. This matter moves to City Council next week for consideration. The next step will be the sale of the bonds. DETAIL BOARD REPORT(BILL LIST): Ms. Ohare inquired about the Northwood University charges on page 22. This charge is for tuition for a police employee. This moves to City Council. Page 3 of 7 ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. Police Reports for January 2005—PS 2/10/05 2. Building Permit Reports for January 2005—EDC 2/17/05 Both of these items move to the City Council consent agenda. MAYOR: 1. Schoppe Scope of Service for Northwest Land Use Plan Map Revision 2. Konicek Family/Rosenwinkel Family/Nelson Family/Hageman Family Properties Mayor Prochaska said the above two items were related items and could be considered in the same discussion. Ms. Ohare questioned the "reimbursible printing expenses"-- $2,000 for printing and courier services, in Mr. Schoppe's proposal letter. Clarification was requested on this amount. Ms. Burd added that perhaps the hourly rate should be detailed in the proposal. Attorney Kelly Kramer spoke at this time on behalf of the families noted in item#2. She stated that the families were aware of and approved the hourly rate. Ms. Kramer noted that the families were willing to advance the funds needed for the work to be completed and that these funds possibly could be credited towards future annexation fees. It was stressed that the Council does not need to approve this request. The Mayor recommended approval of the work subject to receiving funds and that this item could go on the consent agenda under the Mayor's report with all the aspects clearly stated, in a resolution. Ms. Kramer pointed out that five other families had been spoken with, however, they are not willing to front-fund at this time. One additional family, the Gary Bennett family, has agreed to the work and front-funding. 3. TIF Bond Ordinance Update Ms. Pleckham said that she had just received the draft of the bond ordinance and will prepare them for the packets for next week at the City Council meeting. This matter will move to the next City Council meeting for approval. 4. Letter of Request for Renewal for YEDC A letter had been received from the YEDC asking the City to renew their membership for three more years. Mayor Prochaska pointed out that many new businesses had been attracted to the community and that training had been provided as well. The renewal fee is $45,000 and the Mayor recommended renewal. Page 4 of 7 Alderwoman Spears asked if the City could renew for two years since new aldermen would be coming on board, however, the Mayor said that the by-laws required a 3- year commitment. Alderman Sticka expressed the view that it is important for the City to invest in itself and the Mayor added that the City saves money since the City benefits from the YEDC efforts without having to hire an extra person. Currently there are approximately 164 members according to Ms. Dubajic, Executive Director of the YEDC. The Mayor recommended placing this item on the"Mayor's Report"on the agenda for the City Council meeting next week. CITY ATTORNEY: 1. Water Use Ordinance Amendments—IEPA Public Water Supply (Radium Compliance) Attorney Wyeth reported that the IEPA will require certain language in the Water Works Ordinance that was dated 1974. He said that the ordinance is being re- written by Attorney Kramer's office. Since it is not yet completed, and to be able to apply for the loan in a timely manner, it was decided to amend the 1974 ordinance as an interim solution in order to complete the loan process. The completed ordinance is expected in 4-8 weeks. The Mayor said this will item will be moved to the next City Council meeting under Attorney's report on the consent agenda. ECONOMIC DEVELOPMENT COMMITTEE: 1. Enabling Ordinance for Prairie Meadows Backup SSA This ordinance was drafted as a backup to the SSA for this development, in the event the homeowner's association would fail. The ordinance would provide for maintenance work on signage, landscaping, etc. This moves to the consent agenda for City Council. 2. Bristol Kendall Fire Department Request for Fee Consideration for Permit/Reviews for Building Their New Station—EDC 2/17/05 A letter from BKFD had been written to Administrator Graff asking for: a. separate connection for filling water tanks b. request for 3 parking spots in front of new station c. waiver of building permit and related fees After a brief discussion, it was decided that a letter from ICCI regarding setbacks was needed and also one from the Building Department waiving all non out-of- pocket fees. This moves to the consent agenda. Page 5 of 7 3. Intergovernmental Agreement Between Kendall County and the City for County Road Fee—EDC 2/17/05 Alderman Sticka expressed concern regarding the legality of having developers pay for road improvements not associated with their developments and the fact that there is no guarantee that the money will be spent near Yorkville. It was suggested by Attorney Wyeth that details need to be solidified regarding the usage of the funds. Mayor Prochaska added that he did not know if any other communities were collecting money towards this project. Administrator Graff will ascertain if other towns concur with this agreement. After a brief discussion, it was decided that this matter should return to EDC for further research. 4. Draft Ordinance Amending Title 10 of the United City of Yorkville Zoning Code (Building Height) —EDC 2/17/05 After a brief discussion, it was decided that Attorney Wyeth will revise the ordinance and it will be moved to the City Council meeting on March 8th under EDC. A map of the downtown area was also requested. 5. PC 2004-33 Silver Fox—Annexation &Zoning—FYI Public Hearing at 3/22/05 CC and 6. PC 2005-03 Aspen Ridge Estates—Annexation & Zoning—FYI Public Hearing at 3-22-05 CC The above two items were considered together. It was noted that a public hearing for Silver Fox was required first. Alderman Sticka stated that both matters were presented before the Plan Commission where annexation was approved, but not the zoning. He said that the traffic situation on Fox road was so severe that EDC felt no further development should occur until the problem is solved. Developers also support this idea. The Mayor suggested an annexation agreement should be done with language stating that a study will be underway and a solution identified before construction permits are released. He added that the City would be setting a precedent with an annexation agreement rather than a P.U.D. The agreement would say that the developer must be part of the solution if they wish to develop the property. A scope of service will be presented at C.O.W. on March 15th according to Administrator Graff and these two items will go to public hearing on April 22nd 7. PC 2005-04 Lincoln Prairie Yorkville—Annexation &Zoning FYI Public Hearing at 3/22/05 CC This property is across from the Menards warehouse and is zoned M-2. A public hearing has been held. The only concern brought forth was from a resident of Eldamain Road who asked if construction would be allowed 24 hours a day. It was noted that the building code states that work can be done from dawn to dusk. Page6of7 Alderman Sticka noted that the committee recommended moving forward with this. He also noted that the developer asked for all special uses that went with that zoning classification, however, the Plan Commission and EDC did not wish to grant this carte blanche. 8. PC 2005-05 Landscape Depot—Annexation &Zoning—FYI Public Hearing at 3/22/05 CC Alderman Sticka told the committee that this is a landscape business desiring to locate at Rt. 126 and 71. Zoning at that location already allows for such a business, however, IDOT has scheduled a restructuring of the intersection of those two highways. Mr. Sticka suggested a temporary structure be allowed until the road project is completed and said there should be a time limit on the structure. It was also noted that a water well exists on the property, but if the property was sold, the well could not be used anymore. There was a brief discussion concerning Rt. 126 & 71 being reconfigured prior to Rt. 47 & 34. Rt. 126 &71 is considered a safety issue due to an accident survey submitted to IDOT. All four annexation and zoning issues discussed above are set for March 22nd Park Board Public Works Committee Public Safety Committee Administration Committee There were no reports for any of the above committees. ADDITIONAL BUSINESS Alderman Munns questioned the City's nepotism policy as a result of a inquiry brought to his attention. The Mayor stated that the policy should be reviewed at the Administration Committee. Alderwoman Ohare complimented the Police Department on the high visibility of squad cars and said it was very reassuring. It was noted by Ms. Laura Brown that a$100,000 grant had recently been released from IDNR for land acquisition on West Hydraulic St. The funds should be received within 30 days and will be used to repay land cash. Administrator Graff noted that the Administration Committee had scheduled a special 05/06 budget meeting this Thursday, March 31-d and all were invited. Drafts of the budget will be available March 2nd. The budget will then move forward to C.O.W. on March 15th. Page 7 of 7 As there was no further business, the meeting was adjourned at 8:16pm. Respectfully submitted by Marlys Young, Minute Taker 414 ('iTy 14 jnzy Second Amendment to Lease This Second Amendment to Lease ("Amendment") is made this day of April, 2005 by and between CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation, (the "Landlord"), and the KENDALL COUNTY FOREST PRESERVE DISTRICT (the "District") AND UNITED CITY OF YORKVILLE, Illinois unit of local government (collectively, the "Tenant"). A. Landlord and Tenant have entered into a certain Lease dated November 25, 2003 (the "Original Lease"), as amended by the certain First Amendment to Lease dated September 24, 2004 (the "First Amendment"; the Original Lease and the First Amendment are collectively referred to herein as the "Lease") pertaining to property described therein ("Parcel B"). B. On November 24, 2004, Landlord conveyed to the District certain portions of Parcel B legally described on Exhibit 1 attached hereto and made a part hereof ("Parcel B-1" and "Parcel South of Railroad"; collectively, the "Released Property") so that such property is no longer part of the "Land" included in the Lease. C. At the request of the District, Landlord created Parcel B-2 which is legally described on Exhibit 2 attached hereto and made a part hereof ("Parcel B-2"). D. As of the date hereof, Landlord is conveying to Tenant Parcel B (less and except the Released Property and Parcel B-2) and is acquiring the real property described on Exhibit 3 attached hereto and made a part hereof ("Parcel C"). E. The parties hereto desire to confirm the deletion of the Released Property and to delete Parcel B from the Lease and substitute in its place Parcel B-2 and Parcel C and to make certain other revisions to the Lease as hereinafter set forth. NOW, THEREFORE, intending to be legally bound and in consideration of the premises and other good and valuable consideration, the parties hereto agree as follows: 1. The foregoing recitals are incorporated herein by this reference. Terms which are defined in the Lease shall have the same meaning herein except as are modified specifically by this Amendment. 2. Landlord and Tenant acknowledge and agree that due to the prior conveyance of the Released Property, the Released Property is deleted from the Lease. As of the date hereof, Landlord is conveying Parcel B (less and except the Released Property and Parcel B-2) to the District and accordingly, Parcel B (less and except the Released Property and Parcel B-2) is deleted from the Lease. As of the date hereof, Parcel C is being purchased by the Landlord and, along with Parcel B-2, is being leased 1 CH02/22377729.4 4/13/05 to Tenant pursuant to the Lease. Accordingly, the premises leased under the terms of the Lease shall be Parcel B-2 and Parcel C which hereafter shall be referred to as the "Land" as defined in the Lease. 3. Exhibit 2 of the First Amendment which sets forth certain permitted exceptions pertaining to Parcel B is amended so that the permitted exceptions set forth therein apply to Parcel B-2 and by adding Exhibit 4 attached hereto which sets forth certain permitted exceptions pertaining to Parcel C. 4. Landlord and Tenant agree that Exhibit B of the Lease shall not apply to Parcel B-2. If Tenant exercises its right under Section 18 of the Lease to purchase Parcel B-2, Landlord shall convey Parcel B-2 without charging a per acre purchase price; provided, however, Tenant shall pay all other transaction costs related to the conveyance of Parcel B-2. 5. Exhibit B to the Lease is amended in order to be applicable to Parcel C as follows: (i) all of the terms set forth in Exhibit B are applicable to Parcel C except as modified herein; (ii) Landlord will enter into a first priority mortgage loan to acquire Parcel C and the terms of paragraph 1 are modified to allow the interest and costs in connection with the note to be secured by the first mortgage to be paid for by Tenant; (iii) paragraph 2 is modified to provide that the commitment fee is applicable to the purchase price for Parcel C and shall be paid on a quarterly basis (with the first quarterly payment period being April 15 — July 14 and continuing on a three month basis thereafter); and (iv) paragraph 3 is amended to provide that the purchase price to acquire Parcel C is $46,120.79 per acre. If subsequent to the date hereof, there is an adjustment to the purchase price (as determined pursuant to that certain Purchase and Sale Agreement dated September 17, 2003, between Landlord and Chicago Area Council, Inc. Boys Scouts of America (the "Boy Scouts")) to further reflect the consumer price index changes, then the District shall pay the difference in the purchase price (if any) directly to the Boy Scouts. The remainder of Exhibit B remains unchanged and in full force and effect. 6. Except as herein specifically amended, the Lease is and shall remain in full force and effect and otherwise unamended. 7. To facilitate execution of this Amendment, this Amendment may be executed in multiple counterparts, each of which, when assembled to include an original or faxed signature for each party contemplated to sign this Amendment, will constitute a complete and fully executed agreement. All such fully executed original or faxed counterparts will collectively constitute a single agreement. 2 CH02/22377729.4 4/13/05 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. LANDLORD: CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation By: r t„, V�1Ktl�. Its: Executive Director TENANT: KENDALL COUNTY FOREST PRESERVE DISTRICT, an Illinois unit of local government By: L! " %I-C Its: a r - / � r � cfiJ� - TENANT: THE UNITED CITY OF YORKVILLE, an Illinois unit of local government By: Its: 3 CH02/22377729.4 4/13/05 EXHIBIT 1 LEGAL DESCRIPTIONS OF PARCEL B-1 and Parcel South of Railroad (collectively the "Released Property") Parcel B-1: THAT PART OF SECTION 31, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 10 IN "FOX GLEN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS"; THENCE NORTH 21 DEGREES 41 MINUTES 02 SECONDS WEST, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 100.78 FEET TO THE NORTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE NORTH 61 DEGREES 10 MINUTES 23 SECONDS EAST ALONG SAID NORTH LINE, 968.98 FEET; THENCE NORTH 17 DEGREES 30 MINUTES 25 SECONDS WEST, 2170.0 FEET; THENCE SOUTH 81 DEGREES 30 MINUTES 12 SECONDS WEST, 1809.97 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 29 MINUTES 48 SECONDS EAST, 592.50 FEET; THENCE NORTH 81 DEGREES 30 MINUTES 12 SECONDS EAST, 170.09 FEET; THENCE NORTH 08 DEGREES 29 MINUTES 48 SECONDS WEST, 592.50 FEET; THENCE SOUTH 81 DEGREES 30 MINUTES 12 SECONDS WEST, 170.09 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Parcel South of Railroad: THAT PART OF THE SOUTHEAST QUARTER OF SAID SECTION 31 DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF LOT 10 IN "FOX GLEN"; THENCE NORTH 61°10'23" EAST, ALONG THE SOUTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD, 762.63 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17°30'25" EAST, 175.0 FEET; THENCE NORTH 61°10'23" EAST, 602.69 FEET; THENCE SOUTH 28°49'37" EAST, 315.68 FEET; THENCE NORTH 64°39'44" EAST 950.0 FEET TO THE WEST LINE OF "RIVER'S EDGE- PHASE TWO" IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS; THENCE NORTH 17°25'41" WEST, ALONG SAID WEST LINE, 671.72 FEET TO A CONCRETE MONUMENT ON SAID SOUTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE SOUTHWESTERLY ALONG SAID SOUTH LINE BEING A CURVE TO THE RIGHT WITH A RADIUS OF 1482.69 FEET, AN ARC DISTANCE OF 583.60 FEET; THENCE SOUTH 61°10'23" WEST, ALONG SAID SOUTH LINE BEING TANGENT TO THE LAST DESCRIBED COURSE, 1080.69 FEET TO THE POINT OF BEGINNING, KENDALL COUNTY, ILLINOIS. 4 CH02/22377729.4 4/13/05 EXHIBIT 2 LEGAL DESCRIPTION OF PARCEL B-2 THAT PART OF SECTION 31, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THAT PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 7 EAST AND THAT PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 10 IN "FOX GLEN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS"; THENCE NORTH 21 DEGREES 41 MINUTES 02 SECONDS WEST, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 100.78 FEET TO THE NORTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE NORTH 61 DEGREES 10 MINUTES 23 SECONDS EAST ALONG SAID NORTH LINE, 770.11 FEET; THENCE NORTH 17 DEGREES 30 MINUTES 25 SECONDS WEST, 469.13 FEET; THENCE SOUTH 61 DEGREES 10 MINUTES 23 SECONDS WEST, 1350.0 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES 37 SECONDS EAST, 210.78 FEET; THENCE SOUTH 61 DEGREES 10 MINUTES 23 SECONDS WEST, 1569.99 FEET; THENCE NORTH 08 DEGREES 29 MINUTES 48 SECONDS WEST, 2081.96 FEET; THENCE SOUTH 81 DEGREES 30 MINUTES 12 SECONDS WEST, 350.0 FEET; THENCE NORTH 08 DEGREES 29 MINUTES 48 SECONDS WEST, 500.37 FEET FOR THE POINT OF BEGINNING; THENC NORTHEASTERLY, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1737.02 FEET AND A CHORD BEARING NORTH 05 DEGREES 09 MINUTES 15 SECONDS EAST, AN ARC DISTANCE OF 468.88 FEET; THENCE NORTH 02 DEGREES 34 MINUTES 44 SECONDS WEST, TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT, 470.07 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE SOUTH 73 DEGREES 32 MINUTES 58 SECONDS WEST, ALONG SAID SOUTH BANK, 160.33 FEET TO A LINE DRAWN NORTH 08 DEGREES 29 MINUTES 48 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 29 MINUTES 48 SECONDS EAST, 899.63 FEET TO THE POINT OF BEGINNING IN FOX AND KENDALL TOWNSHIPS, KENDALL COUNTY, ILLINOIS. 5 CH02/22377729.4 4/13/05 EXHIBIT 3 LEGAL DESCRIPTION OF PARCEL C THAT PART OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 7 EAST, THAT PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 6 EAST AND THAT PART OF THE NORTH HALF OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 10 IN "FOX GLEN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS"; THENCE NORTH 21°40'02"WEST, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 100.78 FEET TO THE NORTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE NORTH 61°10'23" EAST, ALONG SAID NORTH LINE, 770.11 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17°30'25"WEST, 469.13 FEET; THENCE SOUTH 61°10'23"WEST, 1350.0 FEET; THENCE SOUTH 28°49'37" EAST, 210.78 FEET; THENCE SOUTH 61°10'23"WEST 1569.99 FEET; THENCE NORTH 08°29'48" WEST, 2081.96 FEET; THENCE SOUTH 81°30'12"WEST, 350.0 FEET; THENCE NORTH 08°29'48"WEST, 1400.0 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE SOUTHWESTERLY, ALONG SAID SOUTH BANK, 302.79 FEET TO THE WEST LINE OF A TRACT CONVEYED TO LAWRENCE E. POPE AND HELEN G. POPE, HIS WIFE AND DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 118 AT PAGE 412 ON AUGUST 21, 1958; THENCE SOUTH 08°29'48" EAST, ALONG SAID WEST LINE, 3954.0 FEET TO SAID NORTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE NORTH 61°10'23" EAST, ALONG SAID NORTH UNE, 3613.42 FEET TO THE POINT OF BEGINNING AND ALSO THAT PART OF THE SOUTH HALF OF SAID SECTION 31 AND THAT PART OF THE NORTH HALF OF SAID SECTION 6 DESCRIBED AS FOLLOWS: BEGINNING AT SAID NORTHEAST CORNER OF LOT 10 IN "FOX GLEN"; THENCE NORTH 61°10'23" EAST, ALONG THE SOUTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD, 762.63 FEET; THENCE SOUTH 17°30'25" EAST, 175.0 FEET; THENCE NORTH 61°10'23" EAST, 602.69 FEET; THENCE SOUTH 28°49'37" EAST, 315.68 FEET; THENCE NORTH 64°39'44" EAST, 950.0 FEET TO THE WEST LINE OF"RIVER'S EDGE- PHASE TWO"IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS; THENCE SOUTH 17°25'41" EAST, ALONG SAID WEST LINE, 50.0 FEET TO A POINT ON SAID WEST LINE WHICH IS SOUTH 17°25'41" EAST, 721.72 FEET FROM A CONCRETE MONUMENT ON SAID SOUTH LINE OF THE FORMER BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE SOUTH 64°39'44"WEST, PARALLEL WITH THE CENTERLINE OF FOX ROAD, 264.0 FEET; THENCE SOUTH 17°25'41" EAST, 300.08 FEET TO THE CENTERLINE OF FOX ROAD; THENCE SOUTH 64°39'44"WEST, ALONG SAID CENTERLINE, 753.68 FEET TO A POINT OF CURVATURE IN SAID CENTERLINE; THENCE SOUTHWESTERLY, ALONG A TANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 14324.0 FEET, AN ARC DISTANCE OF 419.16 FEET; THENCE SOUTH 62°59'08"WEST, TANGENT TO THE LAST DESCRIBED COURSE, 873.63 FEET TO THE SOUTHEAST CORNER OF SAID "FOX GLEN"; THENCE NORTH 21°41'02" WEST, ALONG THE EAST LINE OF SAID"FOX GLEN", 785.41 FEET TO THE POINT OF BEGINNING; ALL IN FOX AND KENDALL TOWNSHIPS, KENDALL COUNTY, ILLINOIS. 6 CH02/22377729.4 4/13/05 EXHIBIT 4 PERMITTED EXCEPTIONS for PARCEL C 1. Real estate taxes not yet due and payable. 2. Easement in favor of Northern Illinois Gas Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 885166, affecting the Northeast 1/4 of Section 6 and the Southeast 1/4 of Section 31 of the land. 3. Easement in favor of Northern Illinois Gas Company for the purpose of gas mains and pipe recorded/filed May 22, 1969 as Document No. 163297 affecting the land in Northeast 1/4 of Section 6 of the land, and the terms and provisions contained therein. (Affects Parcel 2) 4. Rights of way for drainage tiles, ditches, feeders, laterals and underground pipes, if any. 5. Rights of the public, the state of Illinois and the municipality in and to that part of the land, if any, taken or used for road purposes. 6. Rights of owners of land bordering on the streams in respect to the water and use of the surface of said body of water. 7. Rights of the United States of America, the State of Illinois, the municipality and the public in and to that part of the land falling in the bed of the Fox River; also, rights of property owners in and to the free and unobstructed flow of the waters of said river. 8. Resolution No. 03-09 recorded June 30, 2003 as Document 200300021868, providing public notice to interested persons regarding the future construction of an extension of Eldamain Road across the Fox River in Kendall County, Illinois. 9. Existing unrecorded lease in favor of Kendall County Forest Preserve district and United City of Yorkville. First Amendment to Lease dated September 24, 2004 by and between Corporation for Open Lands (the Landlord), Kendall County Forest Preserve District (the District) and United City of Yorkville, Illinois Unit of Local Government (collectively the Tenant). 10. Reciprocal Access Easement Agreement dated December 19, 2003 by and between Chicago Area Council, Inc. Boy Scouts of America, an Illinois not-for-profit corporation and Corporation for Open Lands, an Illinois 7 CH02/22377729.4 4/13/05 not-for-profit corporation recorded January 7, 2004 as Document Number 200400000512 and Amendment thereto dated September 24, 2004 and recorded October 6, 2004 as Document 200400027758. 11. Terms, provisions and conditions contained in Use Agreement dated September 24, 2004 and recorded October 6, 2004 as Document 200400027757 by and between Chicago Area Council, Inc. Boy Scouts of America (Council), Corporation for Open Lands (CorLands), Kendall County Forest Preserve District (FPD), and the United City of Yorkville (Yorkville). 12. A) Terms, provisions, and conditions relating to the easement described as Parcel 2 contained in the instrument creating said easement. (B) Rights of the adjoining owner or owners to the concurrent use of said easement. 13. Easement in favor of the United City of Yorkville, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the Grant recorded/filed as Document No. 200400000513, affecting the land 30 feet North of and parallel with Fox Road. 8 CH02/22377729.4 4/13/05 4,0 o United City of Yorkville Memo "6 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 P� 0 Fax: 630-553-7575 4LE0"/ Date: April 25, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant CC: Department Heads Subject: Additional information for City Council packet—April 26, 2005 Attached please find a green-lined copy of the changes on EDC #1 —Prestwick of Yorkville Annexation Agreement. Please add this information to your packet. Draft 4/405___ _-1 Deleted:1 I STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE (PRESTWICK OF YORKVILLE SUBDIVISION) This Annexation Agreement(hereinafter"Agreement"), is made and entered into this_day of , 2005, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owners of record YORKVILLE FARMS DEVELOPMENT, LLC, (Hereinafter "OWNER" or "DEVELOPER"or"OWNER/DEVELOPER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 195.5 acres, more or less(hereinafter"PROPERTY");and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY;and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation;and WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS,all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues;and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes;and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Preliminary Plan,attached hereto and incorporated herein by reference as Exhibit - [Deleted:Plat j "B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY;and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by,the provisions of said statutes;and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained,and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as,the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plan. The CITY hereby approves the Preliminary Plan attached hereto as Exhibit g, prepared by Smith Engineering Consultants dated , _ - -(Deleted:C 2 2005. 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER/DEVELOPER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville- Bristol.The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, subject to their approval, and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the city's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed ComEd Interceptor is available at the property line of the PROPERTY. The DEVELOPER agrees to cooperate with the City regarding the ComEd Sewer Interceptor project. The OWNER/DEVELOPER is permitted to temporarily connect to the Rain Tree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the property will be permanently connected to the southeast interceptor. The City represents that the sewer lines and the sanitary system presently have the capacity to service the property and the City will use its best efforts to provide that sanitary sewer capacity for purposes of serving the property. In the event the DEVELOPER advances the cost for the design work necessary for the southeast interceptor, the City would credit the DEVELOPER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. C. OWNER/DEVELOPER shall construct a temporary lift station, if necessary, in accordance with the plans attached hereto as Exhibit C. The OWNER/DEVELOPER and (Deleted:D CITY agree to enter into an agreement for the maintenance of the temporary sanitary sewer lift station. 4. WATER. The CITY shall provide adequate potable water in sufficient quantities and pressure to 3 serve the needs of the PROPERTY. The potable water connection shall occur at the northwest corner of the property at the eastern edge of the development commonly known as Rain Tree Village. The DEVELOPER agrees to provide easements for water utilities as may be necessary. The DEVELOPER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay Dollars ($ ) as School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by DEVELOPER to the Yorkville Community School District #115; City Development fees of Two Thousand Eight Hundred and no/100 Dollars ($2,800.00) per residential dwelling unit shall be paid by DEVELOPER at the time of building permit issuance; the Municipal Building Fee of dollars($ ) per unit payable at final plat recording, as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition,Development,and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Developer shall pay Two Thousand Dollars ($2,000.00) per residential dwelling unit in the PROPERTY as a road impact fee. Said road impact fee may be reduced in accordance with the terms of this Annexation Agreement. C. DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances at the election of the CITY. 1. DEVELOPER agrees to dedicate to the City a Site at the location and acreage amount as shown on the Preliminary Plan attached hereto and incorporated herein by reference as "Exhibit 4.", for which DEVELOPER shall receive a park donation credit in . (Deleted:c equal amount to the park site and proposed trail system. 2. CITY agrees to accept ownership of and to forever maintain the proposed trail system within the PROPERTY. 3. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage,storm water management or other common areas of the subdivision. 4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind 4 improvements within the parks and/or construction of bicycle paths. D. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any oversizing or additional road improvements. E. Upon annexation, police protection, 911 service, and library service will be provided by the City at no charge to the Developer. F. The DEVELOPER shall pay a Fire District Fee of One Thousand, Dollars - {Deleted:Five Hundred ($,1. 00.00)per home.One half of said fee($500 00 per unit)shall be due and payable for the _ Deleted:5 j first phase of the development in a lump sum at the time of final plat recording. The balance f Deleted:00.0o j for additional phases, if any, shall be paid at the building permit stage. The DEVELOPER Del ;250 shall pay the Library Fee of Five Hundred Dollars ($500.00) per home. One-half of said fee or Two Hundred Fifty Dollars($250.00)per unit shall be due and payable for the first phase of the development in a lump at the time of final plat recording. The balance for additional phases. if any. shall be paid at the building permit stage G. In light of the improvements set forth in Exhibit D attached hereto and (Deleted:F incorporated herein by reference,DEVELOPER will be granted a traffic impact fee credit of the cost of,improvements to the Route 126/Collector Road intersection, the construction of {Deleted:$ for 1 the Collector Road and the Route 126/Ashley Intersection and Ashley Road. If the amounts of these improvements exceed the traffic impact fees, the parties shall enter into a written agreement specifically providing that costs shall be reimbursed by the CITY or be the subject to a recapture agreement and recapture ordinance in favor of the DEVELOPER. H. 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. I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit L,attached hereto and (Deleted:F incorporated herein by reference. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit,or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the 5 balance remaining 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. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. A. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of DEVELOPER'S request for approval of any public improvements. B. DEVELOPER agrees to improve Ashley Road in accordance with the CITY's rural cross-section standard. 8. OVERSIZING. In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any Owner/Developer oversight of construction. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations,and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building 6 - 1 code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY,shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period.After said five(5)year period,the PROPERTY and its development will be subject to all ordinances, regulations and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein,nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at developer's sole cost. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i)affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii)affect the city's Bulk Regulations, including,but not limited to, setback,yard height,FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned 7 lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof. DEVELOPER and all successor developers of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto)shall control over the provisions of any ordinances,codes, regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraph 5 C above. 11. FEES AND CHARGES. During the first four(4) years following the date of the Agreement, the CITY shall impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY,except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "X". At the expiration of this four year {Deleted:F term, the CITY shall give the OWNERS and/or DEVELOPER a six (6) month 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. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY,DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible,at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES,PRODUCTION UNITS.SALES TRAILERS. During the development and build out period of the PROPERTY(subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with developer's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. 8 The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five(5) model homes are constructed on consecutive lots in a model home row. Three(3) off-street spaces will be required for each model home in a model home row,with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 150'of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one(1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply 9 trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of Developer's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plan and in this Agreement,the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the developer's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead,- However,_as to existing overhead utilities {Deleted:. adjoining the PROPERTY and on the south side of Route 126, the DEVELOPER shall bury said overhead utilities if the CITY approves an ordinance. applicable to all future subdivisions, requiring the burying of overhead utilities. Said ordinance must be approved prior to the commencement of the work to relocate the overhead utilities - [Deleted:,] The CITY hereby grants any necessary variances to the CITY subdivision and/or Improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plana __ {Deleted:prat j The CITY agrees to allow up to four feet (4') of bounce in any wet stormwater management facility. 16. MASS GRADING. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow DEVELOPER to commence earth work after the permit is issued and after DEVELOPER posts any necessary bond for said work with the CITY prior to the commencement of said earth work. DEVELOPER shall comply in all respects with all applicable Illinois EPA I regulations and the CITY's Soil Erosion and Sediment Controlprdinance. _ (Deleted:Ordinace j 17. BINDING EFFECT AND TERM. 10 This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including,but not limited to,successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/DEVELOPER of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded.Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 Attn: Mayor Copy to: CITY Attorney John J.Wyeth 800 Game Farm Road Yorkville,IL 60560 DEVELOPER: Yorkville Farms Development, LLC 16501 South Parker Road Homer Glen,IL 60491 DEVELOPER'S James Olguin ATTORNEY: Goldstine, Skrodzki,Russian,Nemec&Hoff,Ltd. 835 McClintock Drive, Second Floor Burr Ridge,Illinois 60527-0860 Telephone(630)655-6000 Facsimile(630)655-9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this 11 agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted,hereunder regarding plans or plats of subdivision or zoning is declared invalid, the _ - - Deleted:1; J CITY agreeso take whatever action is necessary to reconfirm such plans and zoning _ (Deleted:;i ordinances effectuating .he zoning, variations and plat approvals proposed herein. {Deleted: 22. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements 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. Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq.,Illinois Compiled Statutes(2002). 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 12 Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition,the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY,whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER,and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois,at OWNERS and developer's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all documents, 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. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the 13 CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein,may be used for farming purposes,regardless of the underlying zoning. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK RECORD OWNER/DEVELOPER YORKVILLE FARMS DEVELOPMENT,LLC BY: t --' Formatted:Centered 14 EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT"B" Preliminary Plat EXHIBIT"C" Temporary Lift Station EXHIBIT "D" Improvements EXHIBIT "E" Fee Schedule 15 • STATE OF ILLINOIS ) 4/22/05 ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE (PRESTWICK OF YORKVILLE SUBDIVISION) This Annexation Agreement(hereinafter "Agreement"), is made and entered into this day of , 2005, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owners of record YORKVILLE FARMS DEVELOPMENT, LLC, (Hereinafter "OWNER" or "DEVELOPER" or"OWNER/DEVELOPER"). WITNES SETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 195.5 acres, more or less (hereinafter "PROPERTY"); and • WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a 411 public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITYs Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to • the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Preliminary Plan attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and • conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the • UNITED CITY OF YORKVILLE. C. Preliminary Plan. The CITY hereby approves the Preliminary Plan attached hereto as Exhibit B, prepared by Smith Engineering Consultants dated 2 II/ 2005. 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER/DEVELOPER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville- Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, subject to their approval, and Yorkville-Bristol shall take • ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the city's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Southeast Interceptor is available at the property line of the PROPERTY. The DEVELOPER agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The OWNER/DEVELOPER is permitted to temporarily connect to the Rain Tree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the property will be permanently connected to the southeast interceptor. The City represents that the sewer lines and the sanitary system presently have the capacity to service the property and the City will use its best efforts to provide that sanitary sewer capacity for purposes of serving the property. In the event the DEVELOPER advances the cost for the design work necessary for the southeast interceptor, the City would credit the DEVELOPER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. C. OWNER/DEVELOPER shall construct a temporary lift station, if necessary, in accordance with the plans attached hereto as Exhibit C. The OWNER/DEVELOPER and • CITY agree to enter into an agreement for the maintenance of the temporary sanitary sewer lift station. 4. WATER. The CITY shall provide adequate potable water in sufficient quantities and pressure to 2 serve the needs of the PROPERTY. The potable water connection shall occur at the • northwest corner of the property at the eastern edge of the development commonly known as Rain Tree Village. The DEVELOPER agrees to provide easements for water utilities as may be necessary. The DEVELOPER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay Dollars ($ ) as School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by DEVELOPER to the Yorkville Community School District #115; City Development fees of Two Thousand Eight Hundred and no/100 Dollars ($2,800.00) per residential dwelling unit shall be paid by DEVELOPER at the time of building permit issuance; the Municipal Building Fee of dollars ($ ) per unit payable at final plat recording, as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition, Development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or • objection as to amount of the specific fees negotiated herein voluntarily. B. Developer shall pay Two Thousand Dollars ($2,000.00) per residential dwelling unit in the PROPERTY as a road impact fee. Said road impact fee may be reduced in accordance with the terms of this Annexation Agreement. C. DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances at the election of the CITY. 1. DEVELOPER agrees to dedicate to the City a Site at the location and acreage amount as shown on the Preliminary Plan attached hereto and incorporated herein by reference as "Exhibit B", for which DEVELOPER shall receive a park donation credit in equal amount to the park site and proposed trail system. 2. CITY agrees to accept ownership of and to forever maintain the proposed trail system within the PROPERTY. 3. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind 4 • improvements within the parks and/or construction of bicycle paths. D. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any oversizing or additional road improvements. E. Upon annexation, police protection, 911 service, and library service will be provided by the City at no charge to the Developer. F. The DEVELOPER shall pay a Fire District Fee of One Thousand Dollars ($1,000.00) per home. One half of said fee($500.00 per unit) shall be due and payable for the first phase of the development in a lump sum at the time of final plat recording. The balance for additional phases, if any, shall be paid at the building permit stage. The DEVELOPER shall pay the Library Fee of Five Hundred Dollars ($500.00) per home. One-half of said fee or Two Hundred Fifty Dollars ($250.00) per unit shall be due and payable for the first phase of the development in a lump at the time of final plat recording. The balance for additional phases, if any, shall be paid at the building permit stage G. In light of the improvements set forth in Exhibit D attached hereto and • incorporated herein by reference, DEVELOPER will be granted a traffic impact fee credit of the cost of improvements to the Route 126/Collector Road intersection, the construction of the Collector Road and the Route 126/Ashley Intersection and Ashley Road. If the amounts of these improvements exceed the traffic impact fees, the parties shall enter into a written agreement specifically providing that costs shall be reimbursed by the CITY or be the subject to a recapture agreement and recapture ordinance in favor of the DEVELOPER. H. 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. I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit E attached hereto and incorporated herein by reference. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited,with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The • DEVELOPER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining 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. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. A. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of DEVELOPER'S request for approval of any public improvements. B. DEVELOPER agrees to improve Ashley Road in accordance with the CITY's rural cross-section standard. 8. OVERSIZING. • In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any Owner/Developer oversight of construction. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. • 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building • code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. After said five(5) year period, the PROPERTY and its development will be subject to all ordinances, regulations and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific • mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at developer's sole cost. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of • this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned 7 lands, then DEVELOPER, at its election, shall be entitled to application of such less • restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof. DEVELOPER and all successor developers of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraph 5 C above. 11. FEES AND CHARGES. During the first four (4) years following the date of the Agreement, the CITY shall • impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "E". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a six (6) month 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. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES,PRODUCTION UNITS. SALES TRAILERS. During the development and build out period of the PROPERTY(subsequent to final • plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with developer's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. • The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 150' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. • DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. • The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. . No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of Developer's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the developer's request, the CITY will make the request to have overhead utilities 1111 relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. = CITY The CITY hereby grants any necessary variances to the CITY subdivision and/or Improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plan. The CITY agrees to allow up to four feet (4') of bounce in any wet stormwater management facility. 16. MASS GRADING. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow DEVELOPER to commence earth work after the permit is issued and after DEVELOPER posts any necessary bond for said work with the CITY prior to the commencement of said 111 earth work. DEVELOPER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinance. 17. BINDING EFFECT AND TERM. 1n • This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/DEVELOPER of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance • demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville, IL 60560 DEVELOPER: Yorkville Farms Development, LLC 16501 South Parker Road Homer Glen, IL 60491 DEVELOPER'S James Olguin ATTORNEY: Goldstine, Skrodzki, Russian, Nemec&Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527-0860 Telephone(630) 655-6000 Facsimile(630) 655-9808 • 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this 11 agreement, the provision of this Agreement shall prevail to the extent of any such conflict or 110 inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements 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. Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of • Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes(2002). 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 I" • Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical • defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and developer's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all • documents, 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. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the 1., CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or 11111 federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK RECORD OWNER/DEVELOPER 111/ YORKVILLE FARMS DEVELOPMENT,LLC BY: • lA • EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT "B" Preliminary Plat EXHIBIT "C" Temporary Lift Station EXHIBIT "D" Improvements EXHIBIT "E" Fee Schedule • III 15 ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S.HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning LINCOLN PRARDE YORKVILLE WHEREAS,DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit"A" (hereinafter "OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County, Illinois(hereinafter"CITY") to annex the said real property into the CITY; and its Plan Commission has heretofore approved the proposed land uses and the zoning of the same;the Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last revised 5/23/2005, Exhibit"H"; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit"A" will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit "A"will be developed within the CITY in an orderly manner; and WHEREAS,the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of and the development of all the Subject Property and have had public meeting with the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois, in such case made and provided. NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained, the parties agree,under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILLS 5/11-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: A. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" as designated in the attached Annexation Plat incorporated herein as Exhibit"B"and the CITY in said Ordinance shall zone the real property described on Exhibit"A", subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses, and as illustrated on the Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 4/**/2005,Exhibit "G"; Parcel 6 on Exhibit H may be used as a Public Works Facility. Page 1 of 12 Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit"D", M-2, General Manufacturing District, and said real property shall be used as developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. B. The CITY shall adopt an Ordinance providing with respect to the zoning for any portion of the real property described on Exhibit "C"which is the 51.389 acres of the subject property at the south east corner of the intersection of Eldemain and Corneils Road, Parcel 5 on Exhibit"H", that is not used as M-2 General Manufacturing District within five(5)years of the date of Annexation, that up to 45 acres of that portion of the real property described on said Exhibit"C" shall upon application by OWNERS/DEVELOPERS, revert to R-3 General Residential District and the balance shall revert to B-2 General Business District. C. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit"F", R-3 Single Family Residential District, and said real property shall be used and developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. 2. The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A" to the CITY and developing the real property described in the attached Exhibit "G" and CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit "E". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The internal roadway on the Subject Property shall be designed and constructed by OWNERS/DEVELOPER to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, Page 2of12 including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road adjacent to Parcel 5 to Kendall County standards; OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and Beecher Road to CITY standards at such time as is necessary for the concurrent use of the Perimeter Roads for development in the Property. It is contemplated that the 1423 feet of West Beecher adjacent to the Property will be maintained as a tar and chip road to direct truck traffic from the Property to Eldamain Road. So long as West Beecher is maintained as a tar and chip road, OWNER/DEVELOPER will pay/reimburse the CITY for one half of the maintenance cost for West Beecher Road. If OWNER/DEVELOPER develops Perimeter Roads or other off site improvement,the CITY will enter a recapture agreement or agreements with OWNER/DEVELOPER to recapture from adjacent owners one half of the costs of perimeter roads expended by OWNER/DEVELOPER or the reasonable sharing of other off site improvement. The improvement costs shall include engineering and construction costs. The CITY shall adopt the recapture ordinance within ninety(90) days following notice from OWNER/DEVELOPER that the facilities are complete, and upon the certification of actual costs by OWNER/DEVELOPER's engineer and approval by the City Engineer. The recapture ordinance shall provide that OWNER/DEVELOPER to be paid a reasonable amount of interest on the amount expended in completing the improvements, which interest shall be calculated from and after the date of completion and acceptance of the improvement and for payment of all recapture sums due at the time of annexation and use by any benefited property owner. B. This Agreement between the CITY and OWNERS/DEVELOPERS specifically grants authority by OWNERS/DEVELOPERS: Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. ii. Consent to the rebate of 50%of sales tax revenue to OWNERS/DEVELOPERS of this development and Annexation Page 3 of 12 Agreement with the CITY, as to sales tax revenues generated on the areas zoned M-2 General Manufacturing District or B-2 Neighborhood Commercial in this Agreement, in order for OWNERS/DEVELOPERS to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property, including perimeter roads and offsite improvements required for the development described in Exhibit"G". 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied,the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits"B" and"G" can be done in phases or units. B. If at the time of development, the existing CITY dedications, easements and right-of-way are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary, to acquire such easements and right-of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the Subject Property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for storm water detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. D. OWNERS/DEVELOPERS shall require in any lease or contract of sale and license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other special use shall be invoiced from the Subject Property and that all sales tax be reported as received at the Subject Property. Page 4 of 12 E. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the Subject Property, the bulk regulations, including, but not limited to setback, yard, height, FAR and frontage requirement, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except tot he extent BOCA Building Codes, Fire Codes, and like ordinances which are non- monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY,which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement,the OWNERS/DEVELOPERS shall comply in all respect with the conditions and requirements of all ordinance of the CITY applicable against property similarly situated and zoned within the CITY as such ordinance may exist from time to time subsequent to Annexation to the CITY, provided, however, notwithstanding any other provision of this a, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the Subject Property being annexed herein. F. It is understood and agreed that all subsequent amendments of this a, plats of subdivision, or any development of the Subject Property may be obtained for all or any portion 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 afore described actions. G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the Subject Property is developed for residential purposes,that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as maybe charged on a non-discriminatory basis to all residents of the CITY. iii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of Page 5 of 12 execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. H. The parties hereto agree that the Subject Property may continue to be used for existing agricultural uses, until the Subject Property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. All hunting done on the agricultural portion of the property shall be in conformity with State statutes. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters or credit are delivered to the CITY,the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather,the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots, and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads)to the lots for emergency vehicles; and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements(except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each recorded Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the Subject Property for the development of the Subject Property. iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part Page 6 of 12 of the Subject Property and the improvements thereon to other persons, trusts, partnerships, firms, or corporation for investment, building, financing, developing and all such purposes, and that said persons, trusts,partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNERS/DEVELOPERS have under this Agreement and upon such transfer,the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or improved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. v. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statues of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction,then said provision shall be excised therefrom and the remainder of the Agreement shall not be affected thereby. 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit"A"when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their Page 7 of 12 successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this a are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A" of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of this Agreement shall be in writing and shall be deemed effectively given on the date of personal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U.S.Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to the CITY: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 jwyeth@yorkville.il.us If to Owner: Donald J. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway Page 8 of 12 P.O. Box 273 North Aurora, IL 60542-0273 (630)264-7893 Fax: (630)264-1310 dugganjpd@aol.com 8. ENFORCEABILITY This Agreement shall be enforceable in any Court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled Statutes or Court decisions, said enforceable portion of this Agreement shall be excised therefrom and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois Municipal Corporation By: Arthur Prochaska, Jr., Mayor Attest: City Clerk OWNERS/DEVELOPERS Donald J. Hamman, Carol S. Hamman and Five H, LLC Page 9 of 12 Donald J. Hamman Carol S. Hamman Five H, LLC By: Donald J. Hamman, its Manager Page 10 of 12 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Arthur Prochaska, Jr.,Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Donald J. Hamman, individually and as manager of Five H, LLC, and Carol S. Hamman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public Page 11 of 12 EXHIBIT LIST Exhibit "A" Legal Description of the entire parcel, the Subject Property Exhibit"B" Plat of Annexation Exhibit "C" Legal Description of Parcel 5 Exhibit "D" M-2 General Manufacturing District Ordinance Exhibit"E" Plat of Dedication Exhibit "F" R-3 Single Family Residential District Ordinance Exhibit "G" Zoning Exhibit Exhibit "H" Plat of Survey prepared by Atwell—Hicks, Inc. dated May 23, 2003 last revised 5/23/2003 Page 12 of 12 DRAFT 4/20/05 ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT By and Between JR YORKVILLE L.L.C., an Illinois limited liability company(Owner of Parcel A), JOHN ROSENWINKEL and SUSAN ROSENWINKEL,individually and as Trustees of EMR Trust No. 100,dated December 10,2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of Trust No. 2002,U/T/A dated September 19,2003 (Owner of Parcel B), CHICAGO TITLE LAND TRUST COMPANY,as Successor Trustee to FIFTH THIRD BANK,but solely as Trustee of Trust No.A2830 and SUSAN D. BERTRAM,individually and the holder of the Power of Direction in Chicago Title Land Trust Company,as Successor Trustee to Fifth Third Bank Trust No.A2830 (Owner of Parcel C), LAY-COM,INC.,an Illinois Corporation (Owner of Parcel D) And T&R,L.L.C.,an Illinois limited liability company(Owner of Parcel E) And CENTEX HOMES, a Nevada general partnership And UNITED CITY OF YORKVILLE CHI99 4461918-1.001319.0242 TABLE OF CONTENTS Page 1. RECITALS 5 2. CONFLICT 5 3. LEGAL CONFORMANCE WITH LAW 6 4. ANNEXATION AND ZONING 6 5. DEVELOPMENT PLANS 7 6. PLATS OF SUBDIVISION 8 7. UTILITIES,EASEMENTS AND PUBLIC IMPROVEMENTS 11 8. WATER UTILITIES 11 9. SANITARY SEWER FACILITIES 12 10. WETLANDS AND STORMWATER MANAGEMENT 16 11. SECURITY INSTRUMENTS 22 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS 26 13. AMENDMENTS TO ORDINANCES 26 14. BUILDING CODE 27 15. FEES AND CHARGES 29 16. CONTRIBUTIONS 31 17. SCHOOL AND PARK DONATIONS 31 18. PROJECT SIGNS 33 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE 34 20. CONTRACTORS TRAILERS 36 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY 37 22. OVERSIZING OF IMPROVEMENTS 39 23. LIMITATIONS 39 CHI99 4461918-1.001319.0242 _i_ 24. RECAPTURE AGREEMENTS 40 25. ARCHITECTURE STANDARDS AND COVENANTS 41 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA) 42 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANK QUALIFIED DEBT 43 28. ONSITE EASEMENTS AND IMPROVEMENTS 45 29. CITY'S MUNICIPAL SERVICES 46 30. DISCONNECTION 46 31. SALE OF SUBJECT PROPERTY 46 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD 47 33. GENERAL PROVISIONS 48 C11199 4461918-1.001319.0242 41- ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT (Bristol Bay Subdivision) THIS ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2005, by and between JR YORKVILLE L.L.C., an Illinois limited liability company (Owner of Parcel A), JOHN ROSENWINKEL and SUSAN ROSENWINKEL, individually and as Trustees of EMR Trust No. 100, dated December 10, 2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of Trust No. 2002, U/T/A dated September 19, 2003 (Owner of Parcel B), CHICAGO TITLE LAND TRUST COMPANY, as Successor Trustee to FIFTH THIRD BANK, but solely as Trustee of Trust No. A2830 and SUSAN D. BERTRAM, individually and the holder of the Power of Direction in Chicago Title Land Trust Company, as Successor Trustee to Fifth Third Bank Trust No. A2830 (Owner of Parcel C), LAY-COM, INC., an Illinois Corporation (Owner of Parcel D) and T&R, L.L.C., an Illinois limited liability company (Owner of Parcel E) (hereinafter collectively referred to as "OWNERS") and CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "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". CHI99 4461918-1.001319.0242 -1- 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 that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" to the CITY and to amend and restate existing agreements relating to portions of the SUBJECT PROPERTY previously annexed to the CITY as identified on Exhibit "A" for the purposes of developing a residential planned unit development ("PUD") known as the Bristol Bay Subdivision together with commercial use parcels. C. OWNERS and DEVELOPER desire to proceed with the development of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a residential PUD under the R-2, R-2D, R-3 and R-4 Residential District provisions and the A-1 and B-3 Business District provisions of the CITY Zoning Ordinance ("Zoning Ordinance") as depicted on the zoning plat attached hereto and incorporated herein as Exhibit "B", to be developed with single-family detached, townhome, two-family, and multi-family residences, maintain a 2.1 acre tract as A-1 zoning classification and a commercial area within the B-3 zoned property, all as depicted on the Preliminary Plat attached hereto and incorporated herein as part of 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 public hearings regarding the requested zoning and Preliminary Plat on CH199 4461918-1.001319.0242 -2- . The Corporate Authorities conducted a public hearing on this Agreement on F. The CITY, 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 this 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 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 a portion of the SUBJECT PROPERTY as a Planned Unit Development (PUD) for residential development establishing a unique character through the provision of a mix of residential, commercial, open space and regional stormwater management uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities, design standards and architectural controls, open spaces, a carefully integrated commercial use and maintaining a portion in its historical agricultural use and through the provision of orderly flow of traffic within the SUBJECT PROPERTY to and with adjoining real property. CH199 4461918-1.001319.0242 -3- (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 development of the SUBJECT PROPERTY will impact the services of the United City of Yorkville and other governmental agencies. (iv) Those portions of SUBJECT PROPERTY not within the corporate boundaries of the CITY are 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 Corporate Authorities, 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. K. In accordance with the powers granted to the CITY by the provisions of the Illinois Compiled Statutes, 65 ILCS 5/11-15.1-1 through 5/15.1-5, inclusive, relating to annexation agreements, the Parties wish to enter into a binding agreement with respect to the CHI99 4461918-1.001319.0242 -4- annexation of the SUBJECT PROPERTY to the CITY and to provide for various other matters related directly or indirectly to the annexation of the SUBJECT PROPERTY as authorized by the provisions of said statutes. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the receipt and sufficiency of such consideration being hereby acknowledged by the Parties,the Parties hereby agree as follows: 1. RECITALS. The foregoing Recitals are incorporated herein and made a part of this Agreement. 2. CONFLICT. In the event of a conflict between the terms of this Agreement and any other annexation or similar agreement relating to any parcel previously annexed to the CITY, but which are not included as part of the SUBJECT PROPERTY, the terms of this Agreement shall control and prevail. As to those portions of any parcel previously annexed to the CITY which are not included as part of the SUBJECT PROPERTY for this Agreement, the terms of any preceding or existing agreement shall remain in full force and effect and unamended. As to any conflict between the terms of this Agreement and any CITY law, rules, ordinance, code, regulation, resolution or interpretation (whether judicial or administrative) of any such law, rule, ordinance, code or regulation including the Zoning Code and CITY Subdivision Ordinance (individually and collectively sometimes referred to herein as "Municipal Codes") copies of which are attached hereto as Exhibit "C", the terms of this Agreement and the terms of any such Municipal Codes in effect as of the date of this Agreement shall control and be effective as it relates to the SUBJECT PROPERTY. Any other term of this Agreement or Municipal Code, including the Zoning Ordinances, to the contrary CHI99 4461918-1.001319.0242 -5- notwithstanding, the SUBJECT PROPERTY shall be considered for all purposes as one (1) parcel notwithstanding separate ownership of all or part of the SUBJECT PROPERTY. 3. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Municipal Code, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed petition pursuant to and in accordance with the provisions of 65 ILCS 5/7-1-8 of the Illinois Compiled Statutes to annex the SUBJECT PROPERTY to the CITY or to amend any existing annexation agreement. 4. 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, R- 2D, R-3, R-4, A-1 and B-3 District provisions of the CITY Zoning Ordinance with a Special Use for a Planned Unit Development of those portions of the SUBJECT PROPERTY zoned under the R-2, R-2D, R-3 and R-4 provisions of the City Zoning Ordinance consistent with the terms of this Agreement. 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 Municipal Codes, 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. It is understood and agreed between the Parties hereto that the SUBJECT PROPERTY and each phase and parcel may continue to be used and occupied (without any change or CH199 4461918-1.001319.0242 -6- alteration) for the current uses of the existing OWNERS and DEVELOPER of the SUBJECT PROPERTY and/or as are permitted in the zoning classifications set forth in this Paragraph 4. All current uses of the SUBJECT PROPERTY that are not permitted under the zoning classifications specified in this Paragraph 4 shall be considered legal,nonconforming uses. 5. DEVELOPMENT PLANS. Contemporaneously with the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance adopting and approving the following, all of which are on file with the CITY and hereby incorporated herein and made a part of this Agreement: A. Zoning Map prepared by Smith Engineering Consultants, Inc. and last revised April 4, 2005 ("Zoning Map"); B. Preliminary PUD Plat and Plan, prepared by Smith Engineering Consultants, Inc. and last revised March 15, 2005 ("Preliminary Plat"); C. Preliminary Engineering, prepared by Smith Engineering Consultants, Inc. and last revised March 21, 2005 ("Preliminary Engineering");and D. Preliminary Landscape Plan, prepared by SEC Planning Consultants and last revised March 3, 2005 ("Preliminary Landscape Plan"), which includes the designation of tree preservation easements and standard. The Zoning Map, Preliminary Plat, Preliminary Engineering and Preliminary Landscape Plan are sometimes collectively referred to as the "Development Plans". The Development Plans are attached hereto as Exhibit"D". 6. PLATS OF SUBDIVISION. A. The SUBJECT PROPERTY may be developed in one or more phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at CHI99 4461918-1.001319.0242 -7- any time during the term of this Agreement without any time limitation, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Development Plans and otherwise meet all the requirements of the CITY Municipal Codes, except as expressly and specifically modified by this Agreement. In addition, such phases shall be configured in such a manner that each such phase shall be served by all utilities and satisfy sound engineering and municipal land use practices. DEVELOPER shall provide at least one permanent point of access to a public road for each phase of development of the SUBJECT PROPERTY and a second Temporary point of access to a public road at those locations noted on the Preliminary Engineering until the neighboring property is developed at which time such Temporary road shall be abandoned in accordance with CITY requirements. Any such Temporary road shall be constructed sufficient to service police, fire, ambulance and other emergency vehicles for access to that portion of the SUBJECT PROPERTY under development and may, at DEVELOPER's option, be a gravel road. To the extent roadway and utility improvements are developed or installed in phases, the CITY shall inspect and accept the same on a phase by phase basis provided that such improvements are sufficient to service the phase developed on a stand alone basis. Final Plats may be submitted by DEVELOPER from time to time during the term of this Agreement without regard to any ordinance or regulation imposing any limitation or time frame with respect to such submissions. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty (60) days of its receipt of CH199 4461918-1.001319.0242 -8- such final plat, final engineering and all necessary supporting documentation and information by either (i) adopting such ordinances as may be required to approve such final plat and final engineering and to cause the CITY to process and execute any such final plat of subdivision or (ii) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or of this Agreement relied upon by the CITY in its request for corrections. Failure to issue such written denial in such time period shall constitute an approval of the final plat and final engineering and the CITY shall execute such final plat upon demand by DEVELOPER and DEVELOPER may proceed instanter with development of the SUBJECT PROPERTY as if such final plat and final engineering had been executed by the CITY. B. Excavation, grading work, filling and soil stockpiling, of all or any part of the relevant portion of the SUBJECT PROPERTY, may be undertaken by the DEVELOPER at DEVELOPER'S sole risk provided that all erosion and siltation control measures shown on the DEVELOPER submitted Erosion & Sediment Control Plans as reflected in the CITY's Soil Erosion and Settlement Control Ordinance (Ord. 2003-19), or as reasonably required by the CITY Engineer are in place in accordance with the Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, CITY ordinances and sound engineering practices. The CITY may request a bond be posted with the CITY in a reasonable amount to secure DEVELOPER's obligations under this Subparagraph B. DEVELOPER shall be required to take such actions as may be necessary to CHI99 4461918-1.001319.0242 -9- assure that such grading, filing and stockpiling ultimately complies with the approved Final Engineering for the SUBJECT PROPERTY. C. DEVELOPER may make minor changes to the Development Plans subject to the provisions of this paragraph 6C. All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: 1. A change in the use or character of the development. 2. An increase by more than five percent(5%) in the overall coverage of structures. 3. A relocation of any street, curb cut or intersection of more than twenty-five feet (25') in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. 4. A reduction of more than five percent (5%) in approved open space. In addition, any increase in the total number of dwelling units to be developed on the SUBJECT PROPERTY shall be subject to the following standards: 1. An increase of up to (2%) inclusive in total, may be approved by the CITY, without any public hearing, such approval not to be unreasonably conditioned, delayed or denied; 2. An increase from 2.01%to 4% inclusive in total, may be approved by the CITY, without any public hearing, such approval shall be within the sole discretion of the CITY; or CHI99 4461918-1.001319.0242 -10- 3. An increase in excess of 4.01% in total or more shall be considered by the CITY in accordance with applicable CITY ordinances. The term "dwelling units", "residential units", "units" or any similar term used in this Agreement shall have the meaning set forth in the Municipal Code. 7. 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, substantially in accordance with the Development Plans. The CITY shall have the sole responsibility at no cost to the DEVELOPER for obtaining any and all off-site easements for water distribution, storm sewers and/or sanitary sewer lines to implement the Development Plans. The CITY shall have sole responsibility at no cost to the Developer, except as set forth in this Agreement, for the construction of and the obtaining and applying of all funds for any and all off-site street improvements, watermains, storm detention lines and sanitary sewer lines as outlined in Exhibit"E". 8. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. That the CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. CHI99 4461918-1.001319.0242 -1 1- C. That the CITY has constructed and will maintain an operational water storage tower contiguous to the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with IEPA permits. D. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 9. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District("YBSD") treatment facility located at 302 River Road, United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is within the Facility Planning Area of Yorkville and within the Facilities Planning Area of the Fox Metro Water Reclamation District. The CITY shall use its best efforts, in good faith, to cause the prompt realignment of the boundary lines of the YBSD and Fox Metro Water Reclamation District so that the portion of the SUBJECT PROPERTY east of Cannonball Trail Road which is zoned R-3 PUD is part of and serviced by the Fox Metro Reclamation District. CHI99 4461918-1.001319.0242 -12- D. That either (i) the Sanitary Sewer Interceptor Funding Agreement attached hereto as Exhibit "F" and incorporated herein is in full force and effect and is the legally binding agreement of the parties thereto and will be timely enforced by the CITY, including by litigation if necessary or (ii) an alternative means for assurance to DEVELOPER of the timely availability of sanitary sewer service to the SUBJECT PROPERTY generally consistent with the provisions of this Paragraph 9. The CITY has provided to DEVELOPER a copy of that certain "Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement" for the WestburyVillage Subdivision recorded with the Kendall County Recorder of Deeds as Document Number ("Westbury Agreement"), The Westbury Agreement includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy Interceptor Project ("Rob Roy Interceptor Sewer"). The CITY represents and warrants to DEVELOPER that the Westbury Agreement is in full force and effect and unamended. The CITY further represents and warrants to DEVELOPER that that portion of the Rob Roy Interceptor Sewer from point A to point B as shown on Exhibit "G" has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY, with the reasonable anticipation that the Rob Roy Interceptor Sewer will be completed to point B as reflected on Exhibit"G"on or before July 1, 2005. CHI99 4461918-1.001319.0242 -13- The CITY further represents and warrants to DEVELOPER that those easements or rights-of-way so as to allow for the continuous construction and use of the Rob Roy Interceptor Sewer from point A to point C as shown on Exhibit"G", are in place and in full force and effect except as to those segments specifically noted and depicted on Exhibit G". The CITY shall use its best efforts to provide to DEVELOPER, on or before April 27, 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue the construction of the Rob Roy Interceptor Sewer from point B to point C as shown on Exhibit "G" at the initial cost and expense of the CITY,with a reasonably anticipated completion of construction date of February 1, 2006. DEVELOPER agrees to execute such agreements as maybe reasonably required by the CITY in connection with such interim financing. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event that the CITY is unable to provide either a fully executed and enforceable Sanitary Sewer Interceptor Funding Agreement or evidence of the interim financing as provided for in this Paragraph 9, DEVELOPER may, in DEVELOPER's sole and absolute discretion, following thirty (30) days prior notice to the CITY given no earlier than September 1, 2005, but subject to and in coordination with the terms of the Westbury Agreement, construct or cause to be constructed such portion of the Rob Roy Interceptor Sewer as maybe required, in DEVELOPER's sole and absolute discretion, to CHI99 4461918-1.001319.0242 -14- service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. The construction of any portion of the Rob Roy Interceptor Sewer by DEVELOPER shall be completed generally consistent with the plans on file with the CITY as of the Effective Date prepared by Walter E. Deuchler Associates, Inc. dated In such event, DEVELOPER shall receive a set-off as against any and all fees due to the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such costs, including what is known in the industry as "soft costs", plus a seven and one-half percent (7'/2%) management fee, together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%), measured from the day of expenditure, until such amount is paid in full. Such amount shall be paid from the proceeds arising from any bond issued consistent with the Sanitary Sewer Interceptor Funding Agreement and from any parcel or third party user of all or any part of the Rob Roy Interceptor Sewer whether by means of recapture or through recovery of cost by the CITY through any and all sewer fees paid by users of the Rob Roy Interceptor Sewer. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2014 shall be due and payable by CITY on demand. CH199 4461918-1.001319.0242 -15- CITY covenants and agrees to use its best efforts, in good faith, to collect all sewer fees and to not allow connections or use of the portion of the Rob Roy Interceptor Sewer constructed by DEVELOPER without imposing a recapture or recovery fee on such user and Benefited Property (as hereinafter defined) for the benefit of and payment to DEVELOPER. In the event DEVELOPER elects to construct all or any portion of the Rob Roy Interceptor as contemplated by this Paragraph 9, the CITY shall provide to DEVELOPER any funds or security which it holds from any third party relating to the Rob Roy Interceptor Sewer and shall further grant such permits and rights and grant such easements or rights to easements as maybe necessary or appropriate to allow DEVELOPER to commence and complete the Rob Roy Sanitary Sewer from point A to point C as shown on Exhibit"G". E. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the sanitary sewer system. 10. WETLANDS AND STORMWATER MANAGEMENT. The CITY agrees, represents and warrants to DEVELOPER that it shall provide and maintain sufficient stormwater management capacity on all or any part of the SUBJECT PROPERTY which is dedicated, conveyed or granted by easement to the CITY consistent with the terms of this Agreement, to perpetually service all or any part of SUBJECT PROPERTY all at no cost or expense to the DEVELOPER. The CITY shall construct, in a timely manner so as to allow for the immediate and prompt development of all or any part of the SUBJECT PROPERTY, a regional stormwater management facility within the SUBJECT PROPERTY ("Regional Stormwater Management CHI99 4461918-1.001319.0242 -1C_ Facility") on those parcels identified on the Development Plans. The Regional Stormwater Management Facility shall be designed, constructed and maintained by the CITY on the property provided in the Development Plans for such purpose, and other property, estimated by the CITY to be approximately One Thousand Nine Hundred (1,900) acres, to service tributary properties and other properties deemed appropriate by the CITY, including at a minimum, all of the SUBJECT PROPERTY. DEVELOPER shall be entitled, at no cost or expense to the DEVELOPER, to the uninterrupted and continuing use of the Regional Stormwater Management Facility, for stormwater management purposes, for the benefit of the SUBJECT PROPERTY and for the benefit of any other properties with DEVELOPER may own, control or develop within such parcels identified by the CITY, to be within the tributary properties to be serviced by the Regional Stormwater Management Facility, such tributary properties being depicted on Exhibit "H" as prepared by the CITY. DEVELOPER, at is sole cost and expense, shall simultaneous with its grading and development of all or any part of the SUBJECT PROPERTY, in addition to its obligations under Paragraph 17 of this Agreement relating to Parks, construct or cause to be constructed a swale along the east boundary of the SUBJECT PROPERTY north of Galena Road as depicted on Exhibit "I". The CITY shall maintain the current, existing culvert under Galena Road so as to facilitate the movement of water into the area reflected on Exhibit"J". The swale and included weirs shall be timely designed by the CITY and approved by DEVELOPER, such approval not to be unreasonably denied, delayed or conditioned. Anything in this Agreement to the contrary notwithstanding, the DEVELOPER review and approval of any and all plans regarding the swale and included weirs shall be for the purpose of providing CITY with information as to DEVELOPER's objective and goals with respect to the SUBJECT PROPERTY and not for the purpose of determining the accuracy and completeness of such CI-1199 4461918-1.001319.0242 -17- design and shall in no way create any liability on the part of the DEVELOPER for errors, inconsistencies or omissions in any approved documents nor shall any such review and approval alter CITY's responsibilities hereunder with respect to such documents, swale and weirs. The Regional Stormwater Management Facility shall be conveyed by DEVELOPER by deed or by a grant of a nonexclusive easement to the CITY simultaneous with the approval by the CITY of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY. Any portion of the Regional Stormwater Management Facility not conveyed to the CITY by deed simultaneous with the First Final Plat of Subdivision shall be conveyed by deed to the CITY at such time as DEVELOPER becomes the owner of that portion of the Regional Stormwater Management Facility on which an easement has been previously established consistent with this Paragraph 10. Any other term of this Agreement to the contrary notwithstanding, the CITY shall issue all permits, all certificates of occupancy and provide all approvals and assistance for the development of the SUBJECT PROPERTY as contemplated by this Agreement notwithstanding the fact that the CITY has not commenced or completed the construction of an operational Regional Stormwater Management Facility. CITY shall at no cost or expense to the DEVELOPER, on or before August 1, 2005, construct or cause to be constructed by the CITY with the CITY obtaining and applying all funds, a temporary outfall system and water storage area sufficient to service the portion of the SUBJECT PROPERTY under development. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event the Regional Stormwater Management Facility is not in place and operational for the benefit of the SUBJECT PROPERTY on or before September 1, 2006, DEVELOPER, following fifteen (15) days prior written notice to the CITY, may in CH199 4461918-1.001319.0242 -18- DEVELOPER's sole and absolute discretion, construct or cause to be constructed such portion of the Regional Stormwater Management Facility as may be required, in DEVELOPER's sole and absolute discretion, to service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. In such event, DEVELOPER shall receive a setoff as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such cost, including what is known in the industry as "soft costs", are paid in full together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%), measured from the date of the expenditure until such amount is paid in full. Such amount shall be paid by the City from the proceeds arising from any bond issued, from time to time, by the CITY relating to the Regional Stormwater Management Facility and from any third party user of all or any part of the Regional Stormwater Management Facility whether by means of recapture or through recovery of costs by the CITY through any and all fees adopted and applicable to use of the Regional Stormwater Management Facility by any parcel or third party user of all or any part of the Regional Stormwater Management Facility not including the SUBJECT PROPERTY. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2014 shall be due and payable by CITY on demand by DEVELOPER. CITY covenants and agrees to use its best efforts, in good faith, to collect all fees and to not allow use of the Regional Stormwater Management Facility if constructed by DEVELOPER without imposing a recapture or recovery fee on such user and Benefited Property for the benefit of and payment to DEVELOPER. CHI99 4461918-1.001319.0242 -19- The CITY may elect, at its sole and absolute discretion, to create upon all or any part of the SUBJECT PROPERTY which is dedicated or conveyed to the CITY consistent with the terms of this Agreement a "Wetland Mitigation Bank" pursuant to the principles, policies and procedures set forth in the United States Environmental Protection Agency's Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, 60 Fed. Reg. 58,605 (November 28, 1995), or any other existing or future guidance, rule, or other publication relating directly or indirectly to the restoration, creations, enhancement, or preservation of wetlands for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. To the extent that a Wetlands Mitigation Bank is created in whole or in part, on the SUBJECT PROPERTY, the CITY shall reserve and make available within the Wetland Mitigation Bank up to ten (10) acres of Credit for the benefit of the SUBJECT PROPERTY, at no cost or expense to DEVELOPER. The Wetland Mitigation Bank shall also be available to any other property owned, controlled or developed by DEVELOPER within five (5) miles from the outer extremity of the Wetland Bank at no cost or expense to DEVELOPER so long as any such property is within the corporate limits of the CITY. DEVELOPER shall be entitled to all rights associated with any and all mitigation bank credits (the "Credits") assigned to ten (10) acres of such Wetlands Mitigation Bank, and shall be entitled to use such Credits for any purpose consistent with applicable law. DEVELOPER shall have the right, in its sole discretion,to select any ten (10) acre portion, which need not be contiguous, of the Wetlands Mitigation Bank for which it will be entitled to the use of Credits pursuant to this Agreement. Based on the absence of immediately available CITY funds and in order to facilitate the coordinated design and construction of a Regional Stormwater Management Facility which may also include a Wetlands Mitigation Bank and which may include the maintenance of any CHI99 4461918-1.001319.0242 _20_ wetlands currently located on portions of the SUBJECT PROPERTY, DEVELOPER shall engage a wetlands consultant ("Wetlands Consultant") to work with DEVELOPER, the CITY and other interested parties in the design of those portions of the SUBJECT PROPERTY which are wetlands or which will become wetlands or part of the Wetlands Mitigation Bank. The engagement by DEVELOPER of the Wetlands Consultant shall be subject to the prior approval of the CITY, which approval shall not be unreasonably denied, delayed or conditioned. The CITY hereby waives any and all claims or causes of action against DEVELOPER arising directly or indirectly from the design of the Regional Stormwater Management Facility and related wetlands or any impact on the SUBJECT PROPERTY resulting from the advice or actions of the retained Wetlands Consultant in the design of the Regional Stormwater Management Facility and related wetland matters; the CITY shall look solely to the Wetlands Consultant for any liability arising directly or indirectly out of the services provided by the Wetlands Consultant. All costs and expenses in retaining the Wetlands Consultant to design and prepare plans with respect to the construction of the wetlands shall be paid by DEVELOPER subject to reimbursement, from time to time, by the CITY for all out-of-pocket costs and expenses of the DEVELOPER in retaining the Wetlands Consultant together with interest on any amount so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%) measured from the day of expenditure until such amount is paid in full. Such amount shall be paid by the CITY to DEVELOPER from the proceeds of any revenue bond issued by the CITY, from time to time, which bond must provide for proceeds for any expenditures for the design of the Regional Stormwater Management Facility and related wetland matters. If such a bond or bonds are not issued and funded within three (3) years from the Effective Date, the CITY shall pay to DEVELOPER such amounts as it may receive from CH199 4461918-1.001319.0242 -21- time to time from its portion of the Sales Tax Revenue under Retailers' Occupation Tax 35 ILCS 120/1 et. seq., Service Occupation Tax 35 ILCS 115/1 et. seq. and any other similar sales tax revenues in addition to or in lieu thereof received from any commercial user which is benefited by the Regional Stormwater Management Facility and included wetlands. If the DEVELOPER is not paid in full for the expense of the Wetlands Consultant on or before five (5) years from the Effective Date of this Agreement, DEVELOPER may elect to set-off as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such amount is paid in full. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2010 shall be due and payable by CITY on demand. 11. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY surety bonds ("Security Instrument(s)") 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 having elected to provide surety bonds consistent with Illinois law. To the extent that a Special Service Area has been established and bonds have been issued generally consistent with the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall be required to be deposited by DEVELOPER with the CITY with respect to those improvements included within such bond proceeds. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as CH199 4461918-1.001319.0242 -22- 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 and shall relate only to those matters directly covered by each Security Instrument. The Security Instruments shall not provide for or be cross defaulted or collateralized and shall be treated and returned or reduced in accordance with this Agreement notwithstanding any issues, disputes or entitlements as to any other Security Instrument. The Corporate Authorities upon recommendation by the CITY Engineer, shall 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 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 equal to ten percent (10%) of the CITY engineer's reasonable opinion of probable cost after acceptance by the CITY of said public improvements. CHI99 4461918-1.001319.0242 -23- In the event DEVELOPER has deposited a Security Instrument with the CITY and the improvements covered by such Security Instrument are subsequently included in the Special Service Area and bonds issued generally consistent with the provisions of Paragraph 27 hereof, any such Security Instrument shall be returned to DEVELOPER within thirty(30) days of such bond issuable or reduced by the amount covered by such Security Instrument which is included in such bond. B. Dedication of Perimeter Roadways and On-Site Improvements. Subject to applicable governmental laws, ordinances and regulations, perimeter roadways to the Property as reflected on the Preliminary Engineering shall be dedicated, constructed, and/or bonded by DEVELOPER during independent phases of development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to such perimeter roadway. On site improvements shall be dedicated, constructed and/or bonded by DEVELOPER during independent phases of development at the sole discretion of DEVELOPER; provided that the on-site roadway as shown on Exhibit "K" shall be dedicated, constructed and bonded simultaneous with the approval of the First Final Plat of Subdivision relating to any part of the SUBJECT PROPERTY. Nothing herein requires construction of elements outside of the phase of development for which Final Plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in CH199 4461918-1.001319.0242 -24- each Phase of Development; and acceptance by the Corporate Authorities 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. D. 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. 12. 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 by the Corporate Authorities 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 CHI99 4461918-1.001319.0242 -25- 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. 13. AMENDMENTS TO ORDINANCES. All and each of the Municipal 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 eight (8) 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 eight (8) year period, which consent may be withheld in OWNERS' and DEVELOPER's sole discretion. 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 eight (8) 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 eight (8) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature 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. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of CH199 4461918-1.001319.0242 -26- any improvements, buildings, appurtenances, fees or charges or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which Development Plans may be based, are amended or modified to impose less restrictive requirements on cost, 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. 14. BUILDING CODE. The building codes and related codes and regulations of the CITY in effect as of the date of this Agreement are as set forth in Exhibit"L". 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 eight (8) 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 eight (8)year period. After said eight(8)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 eight (8) year period; provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building units herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, alter the PUD standards set forth herein, nor CHI99 4461918-1.001319.0242 -27- result in any subdivided lot, structure or units constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. 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 six(6) month following the Effective Date of such amendments, deletion, or addition, whether during the eight (8) years next following the date of this Agreement, or any time thereafter. 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. 15. FEES AND CHARGES. A. The Fee Schedule applicable to the SUBJECT PROPERTY as of the date of this Agreement is set forth on Exhibit "M". Any other term of this Agreement or specifically the matters noted on Exhibit "M" to the contrary notwithstanding, no CI-1199 4461918-1.001319.0242 -28- "County Road Fee" shall be applicable to all or any part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal County Road contributions, not to exceed One Thousand Dollars ($1,000) per unit, is in full force and effect among Kendall County and all incorporated Municipalities within Kendall County, Illinois within twelve (12) months after the Effective Date. B. One-half(1/2) of the applicable Yorkville Library Impact Fee shall be paid at the time of each recording of a Final Plat of Subdivision for each lot or unit included in such Final Plat of Subdivision with the balance of such Yorkville Library Impact Fee payable at the time of the issuance of each building permit. C. During the first eight (8) 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 at the time of the issuance of any building permit, only those charges, costs, permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto as Exhibit "M" and no new, replacement or additional fees or donations of any kind shall be applicable to the SUBJECT PROPERTY during the term of this Agreement. At the expiration of this eight (8) 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 or to elect to prepay any such CHI99 4461918-1.001319.0242 -29- , increased fees and charges for all units remaining to be built on the SUBJECT PROPERTY. D. Except as provided in Paragraphs 26 and 27 of this Agreement or any replacement tax to a tax in effect as of the date of this Agreement, the CITY shall not without the prior written consent of DEVELOPER: 1. Levy any special assessment, special tax or other charge against any real or personal property within the SUBJECT PROPERTY; 2. Undertake any local improvements in, on or for the benefit of the SUBJECT PROPERTY pursuant to the imposition of a special assessment or special tax against the SUBJECT PROPERTY, or any portion thereof; or 3. Levy or impose additional taxes on the SUBJECT PROPERTY, in the manner provided by law for the provision of special services to the SUBJECT PROPERTY, or to an area in which the SUBJECT PROPERTY is located, or for the payment of debt incurred in order to provide such special services. E. OWNERS and DEVELOPER shall promptly pay all outside (excludes employees of the CITY) professional fees (without markup by the CITY) incurred by the CITY through the date the SUBJECT PROPERTY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, including professional fees for engineering, planning and legal services, upon receipt of an invoice therefore from the CITY. All such fees shall be billed at fair and reasonable rates. CH199 4461918-1.001319.0242 -30- 16. 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. 17. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making land and cash contributions to the Yorkville Community School District #115 ("School District") as set forth herein. The cash portion of the contribution to the School District shall be paid commencing with the first building permit and shall be payable at the time of the issuance of each subsequent building permit. A credit for the land portion of the contribution based upon the fair market value of the land designated and conveyed to the School District shall be applied to the required School District contribution commencing with that building permit at which the application of the credit results in the completion of DEVELOPER's obligations for contributions to the School District. OWNERS and DEVELOPER shall be responsible for making land contributions, not cash contributions, to the CITY for the benefit of Yorkville Park Department ("Park Department") of that portion of the SUBJECT PROPERTY designated on the Preliminary Plat of Subdivision in accordance with the Schedule on Exhibit "M". Any Park and/or open space shall be dedicated or conveyed subject to covenants that such parcels be forever maintained as public parks and/or open spaces for recreational and storm water management purposes. The Parks identified on Exhibit"N"as well as that portion of the Park depicted on Exhibit"N", being approximately one-third ('/3) of the Regional Park located north of Galena Road and at the east end of the SUBJECT PROPERTY, to accommodate four-six (4-6) CITY planned soccer fields shall be graded and seeded by DEVELOPER consistent with the City Park Development Standards existing on the Effective Date of this Agreement. The grading and seeding of that CHI99 4461918-1.001319.0242 -31- portion of the Regional Park located north of Galena Road at the east end of the SUBJECT PROPERTY shall be commenced simultaneous with DEVELOPER's grading and development of all or any part of the SUBJECT PROPERTY. All other improvements or matters relating to each Park identified on Exhibits "M" and "N" shall be the sole responsibility of the CITY. In addition, DEVELOPER shall pay to the CITY, simultaneous with the recording of the Final Plat of Subdivision which includes any of the Parks identified on Exhibit "N", Fifty Thousand Dollars ($50,000) for each of the four (4) Parks (a total of Two Hundred Thousand Dollars ($200,000)) for the CITY's use in providing play equipment and other amenities or vegetation for each such Park. The dedication or conveyance of the land contribution for the benefit of the School District and Park Department shall be made simultaneous with the approval of the Final Plat of Subdivision relating to the residential portion of the SUBJECT PROPERTY which is contiguous to any such school or Park site; provided that in all events (a) the dedication or conveyance of land for the benefit of the School District shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY; (b) the dedication of land north of Galena Road for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY north of Galena Road; (c) the dedication of land south of Galena Road for the benefit of the Park Department shall take place no later than the 3rd anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY south of Galena Road and (d) the dedication of land east of Cannonball Trail for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY east of Cannonball Trail. CHI99 4461918-1.001319.0242 -32- The CITY recognizes and acknowledges that each parcel reflected on Exhibits "M" and "N"will have a direct impact on the owners of each improvement and unit built or to be built on the SUBJECT PROPERTY. Accordingly, the configuration of each use on each such Park, the location and nature of any improved parking lot or facility serving each such Park, the lighting of each such Park and any other similar matter relating to each and every such Park shall be subject to the prior written approval of the DEVELOPER, which approval shall not be unreasonably delayed, denied or conditioned. This right of approval shall automatically terminate upon the conveyance of the last approved improvement or unit to be constructed on the SUBJECT PROPERTY. No additional land, money donations or payments of any kind to the School District or the CITY for the benefit of the Park Department shall be required. 18. 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 a minimum of two (2) off-site subdivision identification, marketing and location signs each containing a maximum of thirty- two square feet (32') at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and 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 permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit"0"attached hereto. CHI99 4461918-1.001319.0242 -33- 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. 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 and construction offices for Bristol Bay. 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 permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be CH199 4461918-1.001319.0242 -34- no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to one hundred twenty-five (125) dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. 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 or construction trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit shall be required by the CITY for any trailer that will be utilized for sales or construction offices. Prior to the location of any sales or construction trailer on the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations CHI99 4461918-1.001319.0242 -3 5- for the CITY's approval, which approval shall not be unreasonably denied, delayed or conditioned. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located within the SUBJECT PROPERTY. 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 phase as the Final Plat and Final Engineering for each such phase is approved by the CITY. The foregoing indemnification provision shall, in such case,apply for the benefit of Indemnities for each phase. 20. 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. No building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or within public utility easements. CHI99 4461918-1.001319.0242 -36- 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY. A. The CITY agrees to issue within five (5) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing the DEVELOPER as to wherein the application does not conform to the stated sections of the Code. If requested by DEVELOPER, building permits shall be issued by the CITY in stages to permit construction of the foundation and building shell before approval of the final plans. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. B. DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master building blueprint or building plan unless the building permit application reflects major deviations from the approved master building blueprint or building plan. C. The CITY agrees to issue certificates of occupancy promptly upon notification therefore or promptly issue a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the Section of the Ordinance relied upon by the CITY in its request for correction. Failure to issue such written CH199 4461918-1.001319.0242 -37- denial in such time period shall constitute an approval of the application and such certificate shall be deemed issued instanter. The CITY shall not limit the number of Certificates of Occupancy or the time of issuance of Certificates of Occupancy during the term of this Agreement. Temporary occupancy permits shall be issued when adverse weather conditions do not permit outside painting, landscaping, sidewalks, driveways, or final grading for individual homes. Final surfacing of driveways also may be deferred for weather conditions. Such painting, landscaping, sidewalks, grading and driveway construction shall be accomplished or installed as soon as weather permits. Such additional temporary permits that may be required due to adverse weather conditions shall not be unreasonably withheld. The CITY shall grant individual occupancy permits to multi-tenant commercial buildings or in multifamily residential buildings on a store-by-store or unit-by-unit basis, but no such permit shall be issued unless work on portions of such commercial buildings or residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificates are to be issued will not be endangered by construction in progress and the building is safe for the area occupied. D. The CITY hereby agrees to issue no stop orders directing work stoppage on buildings or other development without setting forth the section of the CITY Municipal Code allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist. Other work may continue on any CHI99 4461918-1.001319.0242 -3 8- structure subject to a stop order after reinspection by the CITY indicates the violation has been corrected. 22. OVERSIZING OF IMPROVEMENTS. In the event oversizing and 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 Paragraph 24A hereof, with OWNERS or DEVELOPER, as the case may be, 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 shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one neighborhood. 23. 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 Preliminary Plat. 24. 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 located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements and to implement, if applicable, the provisions of Paragraphs 9 and C11199 4461918-1.001319.0242 -39- 10 of this Agreement. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"P". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, CITY represents and warrants that 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. DEVELOPER acknowledges receipt of two (2) pages of the Grande Reserve Annexation Agreement attached hereto as Exhibit "Q" which provides for the potential for recapture or recovery from DEVELOPER for a portion of the water system to be constructed by the DEVELOPER of the Grande Reserve parcel. 25. ARCHITECTURE STANDARDS AND COVENANTS. The general architecture for the improvements within the residential neighborhoods are attached hereto and described in Exhibit "R" being the architectural renderings provided by the DEVELOPER and Exhibit "S" being the last draft, not yet adopted, of the proposed citywide architectural control ordinance. Residential improvements shall be constructed substantially consistent with the least restrictive of the matters reflected on Exhibit "R" and Exhibit "S" or as modified by DEVELOPER with the CITY's prior consent. The OWNERS and DEVELOPER agree to 01199 4461918-1.001319.0242 _40_ adhere to any citywide architectural control ordinances hereafter adopted by the CITY except to the extent that any of its provisions are more restrictive than Exhibit "R" and/or Exhibit "S". 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 existing 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 Paragraph 24 of this Agreement. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, one (1) or more Homeowners Association ("Association(s)") 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 Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities CH199 4461918-1.001319.0242 -41- 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, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and 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. 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. 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANK QUALIFIED DEBT. At the OWNERS' and DEVELOPER' s request, the CITY will agree to establish a special service area ("SSA") in an amount estimated to be approximately Forty-Five Million Dollars ($45,000,000) but in no event greater than Seventy Million Dollars ($70,000,000) to be utilized as a primary funding mechanism for installation of public improvements generally consistent with existing CITY Resolution 2002-04 and permitting only those Eligible Infrastructure Costs set forth on the CITY Special Tax Bond Policy together with CHI99 4461918-1.001319.0242 42- the value of the land within dedicated rights-of-way; provided, that portion of the SUBJECT PROPERTY zoned for commercial use, agricultural use or designated on the Preliminary Plat for a clubhouse, firestation, school or park site, shall not be part of the SSA. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 ILCS 200/27-5 et seq., the cost of which shall be included in any administrative fee associated with the special service area. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The Parties understand that if the CITY issue debt in an amount greater than Ten Million Dollars ($10,000,000) ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DEVELOPER agrees that in the event that the SSA bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non- Bank Debt because of the issuance of the SSA bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the CH199 4461918-1.001319.0242 -43- SSA bonds, including but not limited to, additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer,DEVELOPER shall pay its pro- rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its SSA bond issue in proportion to the total amount of special assessment bonds issued in that calendar year or other bonds issued by the CITY for any other parcel, party or otherwise. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the Parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the Effective Date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled"Market Card". 28. 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 Development Plans, 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 CHI99 4461918-1.001319.0242 44- subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Development Plans 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 reflected on the preliminary engineering plans, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and 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. 29. CITY'S MUNICIPAL SERVICES. In addition to the matters specifically described in this Agreement, the CITY agrees, without additional charge, to provide the SUBJECT PROPERTY with such municipal services as are provided generally to the public to comparable properties located within the CITY. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Bristol Bay 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 SUBJECT CH199 4461918-1.001319.0242 -45- PROPERTY, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. SALE OF SUBJECT PROPERTY. It is expressly understood and agreed that the OWNER or DEVELOPER may sell or convey all or any part of the SUBJECT PROPERTY for the purposes of development for resale, and upon each sale or conveyance, the purchaser shall be bound by and entitled to the benefits of this Agreement with respect to the part of the SUBJECT PROPERTY sold or conveyed. The OWNER or DEVELOPER shall notify the CITY of such purchase or agreement or assumption of responsibilities. A selling OWNER of all or any portion of the SUBJECT PROPERTY, however, shall be released of its prospective obligations under this Agreement only where: 1. Provision has been made that all improvements required by this Agreement or CITY ordinance for the development of the portion of the SUBJECT PROPERTY being sold will be installed and guaranteed in accordance with this Agreement and the ordinances of the CITY; and 2. The CITY has remaining in place guarantees of performance to assure the CITY that any development responsibilities not yet satisfactorily completed by the OWNER or DEVELOPER anywhere on or offsite of the SUBJECT PROPERTY will be completed; and 3. Any outstanding monetary obligations of the OWNER or DEVELOPER due and payable to the CITY as of the time of conveyance have been satisfied in full; and 4. There is no uncured violation of the Municipal Code or this Agreement. CHI99 4461918-1.001319.0242 -46- 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD. The structures currently located on that portion of the property zoned A-1 commonly referred to as the Bertram Homestead and legally described on Exhibit "T" ("Bertram Homestead") shall not be demolished or substantially altered by DEVELOPER without the prior consent of the CITY, which consent may be withheld in the CITY's sole discretion. The Bertram Homestead is not the subject of the Planned Unit Development affecting other portions of the SUBJECT PROPERTY. Any other term of this Agreement to the contrary notwithstanding, DEVELOPER shall maintain the structures located on the Bertram Parcel in substantially the same condition existing on the date of this Agreement, ordinary wear and tear or casualty excepted provided DEVELOPER shall have no obligation to rebuild, repair, replicate or replace all or any part of any current structures currently located on the Bertram Homestead in the event of a casualty. The CITY shall provide to DEVELOPER a detailed written baseline report as to the condition of the Bertram Homestead as of the Effective Date. The Bertram Homestead shall include as a permitted zoning use: sales of antiques as well as sales yards and greenhouses, both wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. C1-1199 4461918-1.001319.0242 -47- 33. 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 an empty or improved lot or a lot improved with one or more dwelling units who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Fair Agreement. 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 CH199 4461918-1.001319.0242 -48- 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 facsimile 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: (I) If to OWNERS or Centex Homes—Illinois Division DEVELOPER: 2205 Point Boulevard Elgin, Illinois 60124 Attn: Kris L.Anderson with copies to: Centex Homes—Midwest Division 14850 Scenic Heights Road Suite 125 Eden Prairie, MN 55344 Attn: Joel S. Reed McDermott Will&Emery LLP 227 West Monroe Street 47th Floor Chicago, IL 60606 Attn: Fred I. Feinstein,P.C. (II) 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: Wyeth Heitz&Bromberek 300 E. Fifth Avenue, Suite 380 Naperville, IL 60563 Attn: John J. Wyeth CH199 4461918-1.001319.0242 .49- 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. 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. CHI99 4461918-1.001319.0242 -50- 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. Term of Agreement. The term of this Agreement shall be twenty (20) years as to that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" and the maximum time permitted by Illinois law, not to exceed twenty (20) years, as now applicable to those portions of the SUBJECT PROPERTY previously annexed to the CITY. In the event the annexation of the SUBJECT PROPERTY, the classification of the SUBJECT PROPERTY for zoning purposes or other terms of this Agreement are challenged in any court proceeding, the period of time during which such litigation is pending, shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. CH199 4461918-1.001319.0242 -51- 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 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. 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 CH199 4461918-1.001319.0242 -52- the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Exhibits. All exhibits referenced herein are attached hereto and made a part hereof. R. Approvals. When the approval of OWNERS, DEVELOPER or CITY is required or contemplated by the terms of this Agreement, such approval shall not be unreasonably withheld, delayed or denied unless specifically provided to the contrary in this Agreement. S. Release of OWNERS. At such time as the OWNERS have conveyed all of their respective parcel to DEVELOPER, from and after the date of such conveyance the OWNER shall not any longer be entitled to the benefits or be responsible for the obligations or indemnities for acts or omissions occurring subsequent to OWNER's conveyance of their respective parcels set forth herein provided in no event shall any indemnity of DEVELOPER be terminated by any sale or conveyance of all or any part of the SUBJECT PROPERTY. T. Liquor Licenses. The CITY shall not limit the number of liquor licenses for the sale and/or consumption, as the case may be, of alcoholic beverages in establishments on the SUBJECT PROPERTY provided (i) that each applicant for a liquor license must meet each and every provision of the CITY's liquor control ordinance including the number of total permitted liquor licenses and the Liquor Control Act of 1934 (235 ILCS 5/1-1 et. seq.) relating to applications, qualifications, regulations and restrictions for operators of establishment serving, dispensing or selling alcoholic beverages and (ii) nothing herein shall limit the CHI99 4461918-1.001319.0242 -53- legal discretion of the Mayor, as liquor commissioner, and the CITY from denying the issuance of any liquor license. U. City. When the term the CITY is used herein it shall be construed as referring to the Corporate Authorities of the CITY unless the context clearly indicates otherwise. V. Facilitation of Development. It is understood and agreed that the successful consummation of this Agreement and the development of the SUBJECT PROPERTY in the best interests of all the Parties requires their continued cooperation. DEVELOPER hereby evidences its intention to fully comply with all CITY requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the CITY to the fullest extent possible. The CITY does hereby evidence its intent to,when requested, always cooperate in the resolution of mutual problems, and its willingness to facilitate the development of the SUBJECT PROPERTY, as contemplated by the provisions of this Agreement, including but not limited to assisting DEVELOPER in obtaining all governmental approvals or permits necessary or desirable for the development of the SUBJECT PROPERTY in_ accordance with this Agreement from all federal, state, county and other governmental or quasi-governmental entities, including but not limited to the Illinois Department of Transportation, the Illinois Environmental Protection Agency and/or the Army Corps of Engineers. To the extent permitted by law, at the request of the DEVELOPER, the CITY shall utilize its power of eminent domain to acquire such properties or rights as may be necessary, appropriate or desirable to implement the construction CHI99 4461918-1.001319.0242 -54- and/or operation of the SUBJECT PROPERTY, or any adjacent property owned or controlled by DEVELOPER. DEVELOPER shall indemnify, defend and hold the CITY harmless from and against all expenses and costs in connection with or in any way related to the utilization by the CITY of its power of eminent domain and in the acquisition of such properties or rights including, without limitation, the cost of acquisition. In the event, or during the term of this Agreement, DEVELOPER acquires additional property contiguous to the SUBJECT PROPERTY and petitions to annex such property to the CITY, the CITY shall cooperate in annexing such additional property to the CITY under terms generally consistent with the terms of this Agreement; provided, that such annexation is in compliance with then existing applicable laws and regulations. The terms of any annexation agreement with respect to any such properties shall be subject to the reasonable approval of DEVELOPER and the CITY, such approval not be unreasonably delayed or denied. W. Electric, Gas, Telephones and Cable TV. The installation of the necessary and appropriate onsite electric, natural gas, cable, television, and telephone services to the SUBJECT PROPERTY shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNERS to permit the extension of all such utilities along existing public right-of-ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the SUBJECT PROPERTY or any parcel or phase thereof. CH199 4461918-1.001319.0242 -5 5- X. All Action Taken. The CITY hereby represents and warrants to DEVELOPER that it has taken all action required by law, including the holding of such public hearings as may be required, to bring about the amendments and exceptions to the CITY Zoning Ordinance, the CITY Subdivision Ordinance and other related ordinances, and the adoption of such other ordinance amendments, exceptions and variances, as may be necessary or proper in order to zone and classify the SUBJECT PROPERTY, so as to enable the same.to be used and developed as contemplated herein and to enable the Parties to execute this Agreement and fully carry out all the covenants, agreements, duties and obligations created and imposed by the terms and conditions hereof. Y. Agreement Mutually Prepared. This Agreement has been the subject of negotiations and has been prepared by counsel for the CITY as well as counsel for the DEVELOPER and OWNERS and neither shall be construed as the sole author of this Agreement. Z. Integration. This Agreement supersedes all prior agreements and negotiations between the Parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the Parties relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied, between or among them, other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the C1-1199 4461918-1.001319.0242 -5 6- Parties unless reduced in writing and signed by them or their successors in interest or their assigns. AA. Annexation Challenge. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to CITY or the terms of this Annexation Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNERS and DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals, and (ii) take such other actions as may be then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to CITY so that the annexation of the SUBJECT PROPERTY to CITY can be sustained and/or effected under the terms of this Annexation Agreement. CH199 4461918-1.001319.0242 -57- 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: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk DEVELOPERS: Centex Homes By: Centex Real Estate Corporation, a Nevada Corporation,Managing General Partner Kris L.Anderson,Division Land Manager Dated: CHI99 4461918-1.001319.0242 -58- LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Preliminary PUD Plat and Plan Exhibit C Zoning Code and City Subdivision Ordinance Exhibit D Development Plans Exhibit E Depiction of Offsite Water Mains and Sanitary Sewer Lines Exhibit F Form of Sanitary Sewer Interceptor Agreement Exhibit G Rob Roy Interceptor Sewer Configuration Exhibit H Depiction of Tributary Parcels Exhibit I Depiction of Swale Exhibit J Depiction of Culvert Under Galena Road Exhibit K Depiction of On-Site Roadway Exhibit L Building Codes Exhibit M Fee Schedule Exhibit N Depiction of Parks Exhibit 0 Depiction of Signage Program Exhibit P Form of Recapture Agreement Exhibit Q Two Pages of Grande Reserve Annexation Agreement Exhibit R Depiction of the General Architecture for Improvements Exhibit S Architectural Design Standards Exhibit T Legal Description of Bertram Homestead CHI99 4461918-1.001319.0242 -59- 44-41 STATE OF ILLINOIS ) )ss COUNTY KENDALL ) ORDINANCE NO. 2005- ORDINANCE APPROVING THE REVISION OF THE 2004-2005 FISCAL BUDGET FOR THE UNITED CITY OF YORKVILLE WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have duly allowed Public input, and through its committee system has duly considered revision of the budget for the 2004-2005 Fiscal Year; and WHEREAS, a tentative budget was duly announced and available for examination at the City offices of the UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the revised 2004-2005 Fiscal Year Budget being submitted on April 26, 2005 at its regular City Council Meeting: NOW THEREFORE, upon Motion duly made, seconded and approved by a majority of those so voting, revision of the 2004-2005 Budget as presented is hereby adopted for the 2004- 2005 Fiscal Year. Page 1 of 2 ADOPTED this 26th day of April, 2005, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 26th day of April, A.D. 2005. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 26th day of April, A.D. 2005. Attest: CITY CLERK Page 2 of 2 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET :µ FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS GENERAL FUND REVENUES ,FUND BALANCE 113,1391 113,139 01-000-40-00-3999 I CARRY OVER BALANCE 124,0001 124,000 01-000-40-00-3998 ROAD FUNDING-MPI 2,690,000 2,690,000 01-000-40-00-3997 IN-TOWN ROAD PROGRAM FUNDING 620,000 632,635 True bond proceeds received 01-000-40-00-4000 REAL ESTATE TAXES 1,287,453 1,287,453 01-000-40-00-4001 TOWN ROAD/BRIDGE TAX 95,000 95,000 01-000-40-00-4010 PERSONAL PROPERTY TAX 10,000 10,000 01-000-40-00-4020 STATE INCOME TAX 593,257, 593,257 01-000-40-00-4030 MUNICIPAL SALES TAX 2,133,000 2,133,000 01-000-40-00-4032 I STATE USE TAX 87,890 87,890 01-000-40-00-4040 I MUNICIPAL UTILITY TAX 500,000 500,000 01-000-40-00-4041 UTILITY TAX-NICOR 75,000 95,000 Currently at$95k(4/14/05) 01-000-40-00-4042 1UTILITY TAX-CABLE TV 60,000 60,0001 01-000-40-00-4043 UTILITY TAX-TELEPHONE 250,000 290,000,Currently at$286k(4/14/05) 01-000-40-00-4050 HOTEL TAX 19,000 19,000 TRAFFIC SIGNAL REVENUE 6,000: 6,000 01-000-41-00-4100 I LIQUOR LICENSE 22,5001 22,500 01-000-41-00-4101 OTHER LICENSES 4,000' 4,000 01-000-41-00-4110 'BUILDING PERMITS 870,0001 870,000 01-000-42-00-4205 I FILING FEES 22,0001 22,000 01-000-42-00-4206 GARBAGE SURCHARGE 171,590 171,590, 01-000-42-00-4208 ':COLLECTION FEE-YBSD 44,441 44,441 01-000-42-00-4210 DEVELOPMENT FEES 575,0001 730,000 Currently at$725k(4/14/05) 01-000-42-00-4211 ENGINEERING CAPITAL FEE 4,000 4,0001 01-000-43-00-4310 TRAFFIC FINES 70,000 70,000 01-000-43-00-4315 'REIMBURSE POLICE TRAINING 3,500 3,500': 01-000-43-00-4320 ORDINANCE FEES 2,500 2,500 01-000-44-00-4401 DARE DONATIONS 1,000 1,000 01-000-44-00-4402 ROB ROY CREEK HYDRAULIC STUDY 20,000 0 Revenue to be received FY 05/06 01-000-44-00-4411 REIMBURSEMENTS-POLICE PROTECTION 3,000 3,000 01-000-44-00-4420 'SIDEWALK CONSTRUCTION 5,000 5,000 01-000-44-00-4490 MISCELLANEOUS INCOME 10,000 10,000 01-000-45-00-4505 1 COPS GRANT-VESTS 2,000 2,000 - - � -- ---- -- ---- 01-000-45-00-4510 COPS GRANT 41,000' 41,000. 01-000-45-00-4511 POLICE-STATE TOBACCO GRANT 1,2101 1,210 01-000-46-00-4600 I INVESTMENT INCOME 12,000 25,000 Interest currently at$22k 01-000-49-00-4915 ',TRANSFER FROM WATER OPERATIONS 200,000 200,000 01-000-49-00-4920 TRANSFER FROM SEWER MAINT. 70,000 70,000 01-000-49-00-4925 TRANSFER FROM SAN. SEWER IMP 200,000 200,000 01-000-49-00-4930 TRANSFER FROM WATER IMPROVE. 200,000 200,000 TOTAL REVENUES:GENERAL 11,218,480 11,439,115 Page 1 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS FINANCE &ADMINISTRATION EXPENSES 01-110-50-00-5100 ',SALARIES-MAYOR 7,535 7,535 01-110-50-00-5101 SALARIES-CITY CLERK 3,635 3,635 01-110-50-00-5102 SALARIES-CITY TREASURER 3,635 3,635 01-110-50-00-5103 SALARIES-ALDERMAN 29,080 29,080 01-110-50-00-5104 SALARIES-LIQUOR COMMISSIONER 1,000 1,000; 01-110-50-00-5105 SALARIES-CITY ATTORNEY 13,500 13,500' 01-110-50-00-5106 SALARIES-ADMINISTRATIVE 413,600 413,600 01-110-50-00-5136 SALARIES-PART TIME 48,000 48,000 01-110-50-00-5137 SALARIES-OVERTIME 1,500 1,500 01-110-50-00-5202 BENEFITS-UNEMPLOY. COMP.TAX 9,000 9,000 Health insurance expense was not adjusted at last revised budget time. Decrease due to timing 01-110-50-00-5203 BENEFITS-HEALTH INSURANCE 621,000 495,000 of new hires and hiring part time admin.staff instead of full time. 01-110-50-00-5204 BENEFITS-GROUP LIFE INSURANCE 18,000, 18,000 01-110-50-00-5205 BENEFITS-DENTAL/VISION ASST 50,000 50,000 01-110-61-00-5300 LEGAL SERVICES 40,000 55,000 Currently at$50k(thru current bill list) 01-110-61-00-5304 AUDIT FEES&EXPENSES 14,660 14,660 01-110-61-00-5305 ACCOUNTING ASSISTANCE 7,500', 7,500 01-110-61-00-5308 GASB 34 15,000 15,000 Was$30k on 4/17/05 proposed revised budget(4/19 COW meeting) 01-110-61-00-5310 EMPLOYEE ASSISTANCE 4,500 4,500 01-110-61-00-5311 CODIFICATION 5,000 5,000 01-110-61-00-5314 BUILDING INSPECTIONS 607,5001 607,500 01-110-61-00-5322 BONDING 2,0001 2,000 01-110-62-00-5400 INSURANCE-LIABILITY&PROPERTY 130,312 130,312 01-110-62-00-5401 CONTRACTUAL SERVICES 37,300 37,300 01-110-62-00-5403 'SPECIAL CENSUS 0 106,351 Per letter dated 3/11/2005 01-110-62-00-5404 CABLE CONSORTIUM FEE 30,000' 30,000 01-110-62-00-5406 OFFICE CLEANING 34,500 34,500 01-110-62-00-5410 !MAINTENANCE-OFFICE EQUIPMENT 500 500 01-110-62-00-5411 MAINTENANCE-COMPUTERS 8,000 8,000 01-110-62-00-5412 1,MAINTENANCE-PHOTOCOPIERS 19,392 01-110-62-00-5427 FACADE PROGRAM 20,000 01-110-62-00-5436 TELEPHONEi20,000 20,000 20,000 01-110-62-00-5437 ',ACCTG SYSTEM SERVICE FEE 7,385 7,385 01-110-62-00-5438 ,CELLULAR TELEPHONE 2,300' 2,300 01-110-62-00-5439 TELEPHONE SYSTEMS MAINTENANCE 11,000'', 11,000 01-110-64-00-5600 'DUES 4,000', 4,000 01-110-64-00-5601 ILLINOIS MUNICIPAL LEAGUE DUES 551 551 01-110-64-00-5603 SUBSCRIPTIONS 400 400 01-110-64-00-5604 TRAINING&CONFERENCES 8,000 8,000 01-110-64-00-5605 TRAVEL/MEALS/LODGING 19,000 19,000 01-110-64-00-5607 PUBLIC RELATIONS 11,000 14,000 Currently at$9,500.To incorporate costs for employee appreciation dinner. Page 2 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND 'PROPOSED REVISED ACCOUNT 2004-2005 12004-2005 NUMBER DESCRIPTION BUDGET 'BUDGET COMMENTS 01-110-65-00-5800 !CONTINGENCIES 163,500 81,675 FUND BALANCE RESERVE 0 0' 01-110-65-00-5802 1OFFICE SUPPLIES 12,000 12,000. 01-110-65-00-5804 ATING SUPPLIES 14,500 14,500 01-110-65-00-5808 ;POSTAGE 1 GE&SHIPPING 8,000 10,500 Increase due to additional mailings(At$10,500 thru current bill list) 01-110-65-00-5809 PRINTING©ING 8,000 13,000 At$10,300 thru current bill list 01-110-65-00-5810 PUBLISHING&ADVERTISING 3,000 3,000 01-110-65-00-5844 MARKETING-HOTEL TAX 19,000 19,000 01-110-72-00-6500 IMRF PARTICIPANTS 44,000' 44,000 01-110-72-00-6501 SOCIAL SECURITY&MEDICARE 42,500' 42,500 01-110-75-00-7.002 COMPUTER EQUIP&SOFTWARE 13,500 16,500 To include purchase of computer&software for Community Relations Mgr. 01-110-75-00-7003 OFFICE EQUIPMENT 10,000 10,000 01-110-78-00-9001 CITY TAX REBATE 1,2001 1,200 01-110-78-00-9002 NICOR GAS 30,000 30,000 01-110-78-00-9003 SALES TAX REBATE 333,500: 333,500 01-110-78-00-9004 MISCELLANEOUS 100 100 01-110-78-00-9005 MERIT/PAY EQUITY 0 0 01-110-99-00-9923 TRANSFER TO LIBRARY 26,249 26,249 01-110-99-00-9925 TRANSFER TO SAN SEWER 150,000 150,000'. 01-110-99-00-9940 1TRANSFER TO PARK&RECREATION 794,036 794,036 1 01-110-99-00-9941 :TRANSFER TO PARK/REC CAPITAL 36,600' 96,600 To purchase 2 trucks-1 new&1 replacement(Originally budgeted/then removed for FY 05/06) 01-110-99-00-9945 TRANSFER TO MUNICIPAL BLDG 97,000 97,000 01110-99-00-9965 TRANSFER TO DEBT SERVICE 0 17,078 $9,722+Portion of Road Improvement Interest payment($7,356) TOTAL EXPENSES: FINANCE&ADMINISTRATION 4,085,970 4,090,074 Page 3 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS ENGINEERING EXPENSES 01-150-50-00-5107 SALARIES-EMPLOYEES 244,945 244,945 01-150-50-00-5137 SALARIES-OVERTIME 1,000 1,000 01-150-62-00-5401 CONTRACTUAL SERVICES 58,000 58,000 01-150-62-00-5409 MAINTENANCE-VEHICLES 4,500 4,500 01-150-62-00-5410 MAINTENANCE-OFFICE EQUIP 2,000 2,000 01-150-62-00-5411 MAINTENANCE-COMPUTERS 3,500 3,500 01-150-62-00-5421 WEARING APPAREL 1,100 1,100 01-150-62-00-5438 CELLULAR TELEPHONE 2,800 2,800 01-150-64-00-5600 DUES 300 300 01-150-64-00-5604 TRAINING&CONFERENCES 2,500 2,500 01-150-64-00-5605 TRAVEL EXPENSE 1,000 1,000 01-150-64-00-5616 BOOKS&PUBLICATIONS 200 200 01-150-65-00-5801 ENGINEERING SUPPLIES 3,000 3,000 01-150-65-00-5802 OFFICE SUPPLIES 2,000 2,000 01-150-65-00-5809 PRINTING©ING 2,000 2,000 01-150-72-00-6500 IMRF PARTICIPANTS 23,804 23,804 01-150-72-00-6501 SOCIAL SECURITY&MEDICARE 19,000 19,000 01-150-65-00-5820 PICK UP TRUCK/ENGINEERING CAPITAL 24,000 24,000 01-150-65-00-5814 STORM WATER SOFTWARE&TRAINING 5,000 5,000 TOTAL EXPENSES: ENGINEERING 400,649 400,649 Page 4 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS PUBLIC SAFETY/POLICE DEPT. EXPENSES 01-210-50-00-5107 SALARIES-EMPLOYEES 541,000 541,000 01-210-50-00-5131 SALARIES-LIEUT./SERGEANTS/CHIEF 461,525 461,525 01-210-50-00-5133 SALARIES-COPS 148,496 148,496 01-210-50-00-5134 SALARIES-CROSSING GUARD 18,800 18,800 01-210-50-00-5135 SALARIES-POLICE CLERKS 100,307 100,307 01-210-50-00-5136 SALARIES-PART TIME 20,000 25,000 Part time currently at$24k 01-210-50-00-5137 SALARIES-OVERTIME 50,000 50,000 01-210-61-00-5300 LEGAL SERVICES 6,300 6,300 01-210-62-00-5408 MAINTENANCE-EQUIPMENT 8,000 8,000 01-210-62-00-5409 MAINTENANCE-VEHICLES 21,000 21,000 01-210-62-00-5410 MAINT-OFFICE EQUIPMENT 2,500 2,500 01-210-62-00-5411 MAINTENANCE-COMPUTERS 2,000 2,000 01-210-62-00-5414 WEATHER WARNING SIREN MAINT 8,000 8,000 01-210-62-00-5421 WEARING APPAREL 20,000 20,000 01-210-62-00-5422 COPS GRANT IV-VESTS 2,500 2,500 01-210-62-00-5423 CLASY GRANT 0 0 01-210-62-00-5424 ICJIA-JUVENILE 5,000 5,000 01-210-62-00-5429 PSYCHOLOGICAL TESTING 1,000 1,000 01-210-62-00-5430 HEALTH SERVICES 3,000 3,000 01-210-62-00-5431 LABORATORY FEES 1,000 1,000 01-210-62-00-5436 TELEPHONE 20,000 20,000 01-210-62-00-5438 CELLULAR TELEPHONE 13,000 13,000 01-210-62-00-5441 MTD-ALERTS FEE 2,300 2,300 01-210-64-00-5600 DUES 2,250 2,250 01-210-64-00-5603 SUBSCRIPTIONS 300 300 01-210-64-00-5604 TRAINING&CONFERENCE 19,000 19,000 01-210-64-00-5605 TRAVEL EXPENSES 9,000 9,000 01-210-64-00-5606 COMMUNITY RELATIONS 5,250 5,250 01-210-64-00-5607 POLICE COMMISSION 11,000 11,000 01-210-64-00-5608 TUITION REIMBURSEMENT 14,000 14,000 01-210-64-00-5609 POLICE RECRUIT ACADEMY 10,500 10,500 01-210-64-00-5610 GUN RANGE FEES 625 625 01-210-64-00-5611 SRT FEE 2,000 2,000 01-210-65-00-5802 OFFICE SUPPLIES 6,500 6,500 PUBLIC SAFETY/POLICE DEPT. 01-210-65-00-5804 OPERATING SUPPLIES 15,750 15,750 01-210-65-00-5808 POSTAGE&SHIPPING 3,000 3,000 01-210-65-00-5809 PRINTING©ING 4,500 4,500 01-210-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 01-210-65-00-5812 GASOLINE 33,000 33,000 Page 5 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 01-210-65-00-5813 AMMUNITION 5,000 5,000 01-210-72-00-6500 IMRF PARTICIPANTS 10,101 10,101 01-210-72-00-6501 SOCIAL SECURITY&MEDICARE 102,575 102,575 01-210-72-00-6502 POLICE PENSION 207,000 207,000 01-210-75-00-7002 COMPUTER EQUIP&SOFTWARE 8,500 8,500 01-210-78-00-9004 BIKE PATROL 2,000 2,000 Increase to incorporate$27,535 for speed trailer/sign as approved+$39,500 related to not receiving loan proceeds(orginally budgeted portion of PD capital funds as loan proceeds)& 01-210-99-00-9910 TRANSFER TO POLICE CAPITAL 27,000 102,035 capital development fee revenue less than anticipated TOTAL EXPENSES: PUBLIC SAFETY/POLICE DEPT. 1,955,579 2,035,614 Page 6 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS BUILDING &ZONING EXPENSES 01-220-61-00-5300 LEGAL SERVICES 45,000 50,000 Currently at$49k Payment in full to Yas/Fischel(original agreement was$60,032 to be paid FY 05/06)+additional 01-220-62-00-5401 CONTRACTUAL SERVICES 110,000 190,000 contractual services costs(wetland protection,storm water,comp plan) 01-220-62-00-5430 PLANNING CONSULTANT 40,000 48,000 Additional costs for misc.city planning 01-220-62-00-5432 ECONOMIC DEVELOPMENT 45,000 45,000 01-220-64-00-5600 DUES 200 200 01-220-65-00-5804 OPERATING SUPPLIES 1,200 1,800 Currently at$1,700 01-220-65-00-5809 PRINTING©ING 700 700 01-220-65-00-5810 PUBLISHING&ADVERTISING 8,000 8,000 01-220-65-00-5814 BOOKS&MAPS 3,000 3,000 TOTAL EXPENSES: BUILDING&ZONING 253,100 346,700 Page 7 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS STREETS EXPENSES 01-410-50-00-5107 SALARIES-EMPLOYEE 156,643 156,643 01-410-50-00-5136 SALARIES-PART TIME 5,500 5,500 01-410-50-00-5137 SALARIES-OVERTIME 18,000 18,000 01-410-61-00-5313 ENGINEERING-IN TOWN ROAD PROGRAM 120,000 120,000 01-410-61-00-5314 INSPECTIONS&LICENSES 100 100 01-410-62-00-5401 CONTRACTUAL SERVICES 2,000 2,000 01-410-62-00-5408 MAINTENANCE-EQUIPMENT 10,000 10,000 01-410-62-00-5409 MAINTENANCE-VEHICLES 11,000 11,000 01-410-62-00-5414 MAINTENANCE-TRAFFIC SIGNALS 22,000 22,000 01-410-62-00-5415 MAINTENANCE-STREET LIGHTS 20,500 20,500 01-410-62-00-5420 MAINTENANCE-STORM SEWER 5,000 5,000 01-410-62-00-5421 WEARING APPAREL 5,800 5,800 01-410-62-00-5434 RENTAL-EQUIPMENT 1,500 1,500 01-410-62-00-5435 ELECTRICITY 47,000 47,000 01-410-62-00-5438 CELLULAR TELEPHONE 2,600 2,600 01-410-62-00-5440 STREET LIGHTING 4,500 4,500 01-410-64-00-5604 TRAINING&CONFERENCES 5,600 5,600 01-410-65-00-5804 OPERATING SUPPLIES 9,500 9,500 01-410-65-00-5812 GASOLINE 20,000 20,000 01-410-65-00-5815 HAND TOOLS 1,500 1,500 01-410-65-00-5817 GRAVEL 5,500 5,500 01-410-72-00-6500 IMRF PARTICIPANTS 17,587 17,587 01-410-72-00-6501 SOCIAL SECURITY&MEDICARE 13,780 13,780 01-410-75-00-5418 MOSQUITO CONTROL 27,572 27,572 01-410-75-00-5419 MAINT SUPPLIES-STREET 15,000 15,000 01-410-75-00-7004 SAFETY EQUIPMENT 1,000 1,000 Increase due to Van Emmon storm repairs($11k)and$10k for downtown parking improvements 01-410-75-00-7100 STREET REHAB PROJECTS 213,000 234,000 (to carry over should dollars not be expended this FY) Increase in expense amount reflects true revenues related to bond proceeds received and interest 01-410-75-00-7101 IN-TOWN ROAD PROGRAM(Phase 1 Utilities) 500,000 521,896 earned this FY(residual will carry over to FY 05/06) 01-410-75-00-7099 BRISTOL RIDGE ROAD 2,690,000 2,690,000 01-410-75-00-7102 TREE&STUMP REMOVAL 30,000 30,000 01-410-75-00-7103 SIDEWALK CONSTRUCTION 35,000 35,000 TOTAL EXPENSES:STREETS 4,017,182 4,060,078 Page 8 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS HEALTH & SANITATION EXPENSES 01-540-62-00-5442 GARBAGE SERVICES 502,000 502,000 01-540-62-00-5443 LEAF PICKUP 4,000 4,000 TOTAL EXPENSES: HEALTH&SANITATION 506,000 506,000 TOTAL GENERAL FUND REVENUES 11,218,480 11,439,115 TOTAL GENERAL FUND EXPENSES 11,218,480 11,439,115 FUND SURPLUS(DEFICIT) 0 0 Page 9 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 MFT PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 15-000-40-00-3999 CARRY OVER BALANCE 500,803 500,803 15-000-40-00-4060 MOTOR FUEL TAX ALLOTMENTS 267,442 267,442 15-000-46-00-4600 INVESTMENT INCOME 5,000 5,000 TOTAL REVENUES: 773,245 773,245 15-000-65-00-5800 CONTINGENCY 372,833 372,833 15-000-65-00-5818 SALT 37,000 37,000 15-000-75-00-7007 SIGNS 9,700 9,700 15-000-75-00-7008 CRACK FILLING 25,000 25,000 15-000-75-00-7107 CONSTRUCTION ENGINEERING 200,000 200,000 15-000-75-00-7108 Van Emmon St.(Corp. limits to Rt.47) 62,625 62,625 15-000-75-00-7110 COLD PATCH 4,000 4,000 15-000-75-00-7111 HOT PATCH 7,000 7,000 FAXON ROAD ENGINEERING 45,500 45,500 15-000-99-00-9960 TRANSFER TO FOX INDUSTRIAL 9,587 9,587 TOTAL EXPENSES: 773,245 773,245 TOTAL FUND REVENUES 773,245 773,245 TOTAL FUND EXPENSES 773,245 773,245 FUND SURPLUS(DEFICIT) 0 0 Page 10 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 MUNICIPAL BUILDING PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES CARRY OVER 16-000-40-00-3999 CARRY OVER BALANCE 0 0 16-000-42-00-4211 DEVELOPMENT FEES-BUILDING 57,600 140,000 Currently at$138k 16-000-49-00-4901 TRANSFER FROM GENERAL FUND 97,000 97,000 TOTAL REVENUES: 154,600 237,000 16-000-62-00-5416 MAINT-GENERAL BLDG&GROUNDS 5,000 5,000 16-000-75-00-7008 ENTRY WAY SIGNS 3,600 3,600 16-000-75-00-7200 BLDG IMPROV-BEEHCER/RIVFRNT 13,000 15,000 Misc additional maintenance at both Beecher&Riverfront 16-000-75-00-7202 BLDG IMPROVEMENTS-CITY HALL 0 0 16-000-75-00-7203 BLDG IMPROVEMENTS-PUBLIC WORKS 9,000 9,000 16-000-75-00-7204 BLDG MAINT-CITY HALL 73,000 73,000 16-000-75-00-7205 BLDG IMPROVEMENTS-LIBRARY 4,000 4,000 16-000-75-00-7209 BEECHER PARKING LOT 45,000 45,000 16-000-75-00-7206 LANDSCAPING- PUBLIC BUILDINGS 2,000 2,000 16-000-78-00-9009 RESERVE 0 80,400 TOTAL EXPENSES: 154,600 237,000 TOTAL FUND REVENUES 154,600 237,000 TOTAL FUND EXPENSES 154,600 237,000 FUND SURPLUS(DEFICIT) 0 0 Page 11 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 POLICE CAPITAL PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 20-000-40-00-3999 CARRY OVER BALANCE 76,718 76,718 $42,190 carry over related to weather warning sirens 20-000-42-00-4212 DEV FEES-POLICE 95,000 75,000 Development fees less than anticipated 20-000-44-00-4402 K-9 DONATIONS 1,700 1,700 20-000-44-00-4403 IN CAR VIDEO DONATIONS 2,000 2,000 20-000-44-00-4404 DONATIONS 500 500 20-000-44-00-4405 WEATHER WARNING SIREN 30,000 30,000 20-000-44-00-4431 SALE OF POLICE SQUADS 1,000 1,000 Request to not loan proceeds,residual funding available through General Fund(less ET van- 20-000-48-00-4800 LOAN PROCEEDS 62,500 0 purchase postponed) Increase to incorporate$27,535 for speed trailer/sign as approved+$39,500 related to not receiving loan proceeds(orginally budgeted portion of PD capital funds as loan proceeds)& 20-000-49-00-4901 TRANSFER FROM GENERAL FUND 27,000 102,035 capital development fee revenue less than anticipated TOTAL REVENUES: 296,418 288,953 EXPENSES 20-000-65-00-5811 LETHAL/NON-LETHAL WEAPONS 6,500 6,500 20-000-75-00-7001 EQUIPMENT 39,016 66,551 $27,535 increase for speed trailer/sign 20-000-75-00-7002 K-9 EQUIPMENT 1,700 1,700 20-000-75-00-7006 CAR BUILD OUT 23,360 23,360 20-000-75-00-7008 NEW WEATHER WARNING SIRENS 72,190 0 Moved to reserve 20-000-75-00-7005 VEHICLES 80,500 45,500 decrease due to ET van purchase being postponed 20-000-78-00-9009 RESERVE 0 0 RESERVE-WEATHER WARN SIREN 0 72,190 Reserve for future siren installations 20-000-99-00-9965 TRANSFER TO DEBT SERV FUND 73,152 73,152 TOTAL EXPENSES: 296,418 288,953 TOTAL FUND REVENUES 296,418 288,953 TOTAL FUND EXPENSES 296,418 288,953 FUND SURPLUS(DEFICIT) 0 0 Page 12 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 PUBLIC WORKS CAPITAL PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 21-000-40-00-3999 CARRY OVER BALANCE 272,054 272,054 21-000-42-00-4213 DEVELOPMENT FEES-PUBLIC WORKS 279,700 220,000 Development fees less than anticipated 21-000-44-00-4430 SALE OF EQUIPMENT 4,510 4,510 21-000-49-00-4915 TRANSFER FROM WATER FUND 50,000 50,000 21-000-49-00-4920 TRANSFER FROM SEWER FUND 30,000 30,000 TOTAL REVENUES: 636,264 576,564 EXPENSES 21-000-75-00-7005 VEHICLES 176,905 176,905 21-000-75-00-7015 SKID STEER UPGRADE 3,500 3,500 21-000-75-00-7107 TRUCK ACCESSORIES 5,000 5,000 21-000-75-00-7108 AUGER SYSTEM/SKIDSTEER GRADER 6,300 6,300 21-000-75-00-7120 STREET SWEEPER 150,000 150,000 21-000-75-00-7130 PUBLIC WORKS BLDG ADDITION 90,000 90,000 21-000-75-00-7109 MOWER 21,000 21,000 21-000-78-00-9009 RESERVE 148,002 88,302 LEAF CHOPPER/VAC 35,557 35,557 TOTAL EXPENSES: 636,264 576,564 TOTAL FUND REVENUES 636,264 576,564 TOTAL FUND EXPENSES 636,264 576,564 FUND SURPLUS(DEFICIT) 0 0 Page 13 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 PARKS & RECREATION CAPITAL PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 22-000-40-00-3999 CARRY OVER 24,624 24,624 To purchase 2 trucks-1 new&1 replacement(Originally budgeted/then removed 22-000-49-00-4930 TRANSFER FROM GENERAL FUND 36,600 96,600 for FY 05/06) 22-000-49-00-4935 TRANSFER FROM LAND CASH 22,000 22,000 22-000-42-00-4216 PARKS CAPITAL FEE 2,000 2,000 22-000-42-00-4218 IL CLEAN ENERGY GRANT 4,149 4,149 TOTAL REVENUES: 89,373 149,373 EXPENSES PARKS CAPITAL OUTLAY 22-610-75-00-7006 PICK UP TRUCK 26,861 86,861 2 trucks-1 new&1 replacement 22-610-75-00-7007 SOCCER GOALS 12'REPLACEMENT 0 0 22-610-75-00-7008 SOCCER GOALS 9'REPLACEMENT 0 0 22-610-75-00-7009 COMPUTER WORKSTATIONS 6,825 6,825 22-610-75-00-7011 PLAYER BENCHES/UTILITY TRAILER 9,000 9,000 22-610-75-00-7012 RIVERFRONT PLAYGROUND 4,000 4,000 22-610-75-00-7013 PLAYGROUND REPAIRS 2,000 2,000 22-610-75-00-7014 SIGN REPLACEMENTS 3,000 3,000 22-610-75-00-7015 MOWERS 19,857 19,857 22-610-75-00-7016 BEECHER PATHWAY 9,480 9,480 22-610-75-00-7017 RECREATION EQUIPMENT 6,600 6,600 22-610-65-00-5800 RESERVE 1,750 1,750 TOTAL EXPENSES: PARKS 89,373 149,373 TOTAL FUND REVENUES 89,373 149,373 TOTAL FUND EXPENSES 89,373 149,373 FUND SURPLUS(DEFICIT) 0 0 Page 14 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 SEWER IMPROVEMENT PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 37-000-40-00-3999 CARRY OVER BALANCE 9,459,809 9,459,809 37-000-42-00-4220 CONNECTION FEES 1,071,200 1,071,200 37-000-42-00-4221 RIVER CROSSING FEES 20,000 20,000 37-000-48-00-4803 ROB ROY CREEK REVENUE 750,000 920,000 Currently at$860k SOUTHWEST SERVICE AREA INTERCEPTOR 460,000 460,000 37-000-49-00-4901 TRANSFER FROM GENERAL FUND 150,000 150,000 Increase primarily due to minor interest rate increase&timing of bond 37-000-46-00-4600 INVESTMENT INCOME 20,000 65,000 proceeds being held TOTAL REVENUES: 11,931,009 12,146,009 EXPENSES 37-000-62-00-5401 CONTRACTUAL/PROFESSIONAL SERVICES 40,000 40,000 37-000-62-00-5402 ENGINEERING/LEGAL/CONTINGENCIES-COUNTRYSIDE 800,000 800,000 37-000-62-00-5405 ENGINEERING/LEGAL/CONTINGENCIES-BRUELL STREET 500,000 500,000 37-000-62-00-5406 ENGINEERING/LEGAL/CONTINGENCIES-HYDRAULIC 666,625 666,625 37-000-65-00-5421 GIS SYSTEM 15,000 15,000 37-000-65-00-5800 CONTINGENCY 44,156 44,156 37-000-75-00-7502 HYDRAULIC INTERCEPTOR 1,847,778 1,847,778 37-000-75-00-7503 COUNTRYSIDE INTERCEPTOR 2,903,411 2,903,411 37-000-75-00-7505 ROB ROY CREEK SANITARY 1,750,000 1,965,000 Currently at$1.96 million SOUTHWEST SERVICE AREA INTERCEPTOR 460,000 460,000 37-000-75-00-7515 HEARTLAND ONSITE INTERCEPTOR OVER SIZING 600,000 600,000 37-000-75-00-7504 BRUELL STREET LIFT STATION 1,435,735 1,435,735 37-000-75-00-7507 SANITARY JETTER TRUCK 225,000 225,000 37-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 37-000-99-00-9965 TRANSFER TO DEBT SERVICE 443,304 443,304 TOTAL EXPENSES: 11,931,009 12,146,009 TOTAL FUND REVENUES 11,931,009 12,146,009 TOTAL FUND EXPENSES 11,931,009 12,146,009 FUND SURPLUS(DEFICIT) 0 0 Page 15 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 WATER IMPROVEMENT PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 41-000-40-00-3999 CARRY OVER 2,387,243 2,387,243 41-000-42-00-4220 CONNECTION FEES 1,000,000 1,000,000 SOUTHWEST WATER MAIN PROJECT REVENUE 180,000 180,000 41-000-44-00-4490 MISCELLANEOUS INCOME 0 62,980 Reimbursement for well repair 41-000-45-00-4530 RADIUM GRANT 950,000 950,000 Increase primarily due to minor interest rate increase&timing of 41-000-46-00-4600 INVESTMENT INCOME 20,000 65,000 bond proceeds being held 41-000-48-00-4801 IEPA LOAN/CONTRACT B PROCEEDS 4,400,000 4,400,000 41-000-49-00-4915 TRANSFER FROM WATER FUND 70,000 70,000 TOTAL REVENUES: 9,007,243 9,115,223 EXPENSES 41-000-61-00-5300 LEGAL SERVICES 5,000 5,000 41-000-61-00-5301 ENGINEERING-GENERAL SERVICES 7,500 25,000 Currently at$22k 41-000-61-00-5400 RADIUM COMPLIANCE PROJECT/CONTRACT B 3,662,730 3,662,730 41-000-61-00-5401 ENGINEERING-RADIUM COMPLIANCE/CONTRACT B 476,155 476,155 41-000-61-00-5405 PROFESSIONAL SERVICE RADIUM/CONTRACT B 261,115 261,115 41-000-61-00-5408 CENTRAL ZONE-CONTRACT C WATER IMPRV 2,494,752 2,408,625 Currently at$2.lmillion 41-000-61-00-5410 ENGINEERING-CENTRAL ZONE - CONTRACT C 71,873 130,000 Currently at$128k 41-000-61-00-5414 CONTRACT D-SCADA SYSTEM 2,500 2,500 41-000-61-00-5415 USGS GROUNDWATER STUDY 24,490 24,490 USGS GROUNDWATER STUDY COUNTYWIDE 8,260 8,260 USGS GROUNDWATER STUDY SHALLOW WATER 29,750 29,750 41-000-65-00-5421 GIS SYSTEM 20,000 20,000 41-000-65-00-5800 CONTINGENCY 33,489 151,969 Currently at$151k 41-000-75-00-7503 SOUTHWEST WATER MAINTENANCE PROJECT 180,000 180,000 41-000-75-00-7504 NORTH WATER TOWER-CONTRACT A 1,085,243 1,085,243 OVERSIZING - KYLYN'S CROSSING 44,000 44,000 41-000-75-00-7515 JOHNSON STREET WATER MAIN 36,023 36,023 41-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 41-000-99-00-9965 TRANSFER TO DEBT FUND 364,363 364,363 TOTAL EXPENSES: 9,007,243 9,115,223 TOTAL FUND REVENUES 9,007,243 9,115,223 TOTAL FUND EXPENSES 9,007,243 9,115,223 FUND SURPLUS(DEFICIT) 0 0 Page 16 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 DEBT SERVICE PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 42-000-40-00-3999 CARRY OVER 15,540 15,540 42-000-44-00-4440 RECAPTURE-WATER/SEWER 95,000 115,000 Currently at$115k 42-000-49-00-4901 TRANSFER FROM GENERAL FUND 9,722 17,078 $9,722+$7,356 of Road Improvement interest payment 42-000-49-00-4910 TRANSFER FROM POLICE EQUIP CAP 73,152 73,152 42-000-49-00-4920 TRANSFER FROM SEWER FUND 0 0 42-000-49-00-4925 TRANSFER FROM SANITARY SEWER 443,304 443,304 42-000-49-00-4930 TRANSFER FROM WATER IMPRV FUND 364,363 364,363 TOTAL REVENUES: 1,001,081 1,028,437 EXPENSES 42-000-66-00-6001 CITY HALL BONDS-PRINCIPAL PMT 50,000 50,000 Due 1/1/2022 42-000-66-00-6002 CITY HALL BONDS-INTEREST PMT 54,998 54,998 Due 1/1/2022 42-000-66-00-6003 IRBB-BRUELL STREET INTEREST PYMT 86,715 86,715 Due 2/1/2023 42-000-66-00-6004 IRBB-BRUELL STREET PRINCIPAL PYMT 80,000 80,000 Due 2/1/2023 42-000-66-00-6005 NORTH WATER TOWER-INTEREST PYMT 1,017 1,017 Due 5/1/2021 42-000-66-00-6006 NORTH WATER TOWER-PRIN PYMT 23,983 23,983 Due 5/1/2021 42-000-66-00-6007 4.8 MILLION DEBT CERT INT PYMT(WATER) 339,363 339,363 Due 12/15/2022 42-000-66-00-6009 COUNTRYSIDE ALT REV INTEREST PYMT 100,196 100,196 Due 2018 42-000-66-00-6010 COM ED/HYDRAULIC DEBT CERT. INT PYMT 35,895 35,895 Due 12/30/2014 42-000-66-00-6050 LOAN PAYMENT-SANITARY SIPHON 38,989 38,989 Due 1/25/13 42-000-66-00-6054 LOAN PAYMENT-POLICE SQUAD CAR 24,110 24,110 Due 7/15/05 42-000-66-00-6055 LOAN PAYMENT-SSES IEPA L17-1153 107,051 107,051 Due 9/6/19 42-000-66-00-6056 YNB-POLICE/ADMIN CARS 58,764 58,764 Final pymt 5/1/04 $650K ROAD IMPROVEMENT PROG INT. 0 27,356 New line -Due 12/30/2012 1st Interest pymt due 6/30(18 mos.) TOTAL DEBT SERVICE 1,001,081 1,028,437 TOTAL FUND REVENUES 1,001,081 1,028,437 TOTAL FUND EXPENSES 1,001,081 1,028,437 FUND SURPLUS(DEFICIT) 0 0 Page 17 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 WATER OPERATIONS PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 51-000-40-00-3999 CARRY OVER BALANCE 1,540,418 1,540,418 51-000-42-00-4240 BULK WATER SALES 9,000 9,000 51-000-42-00-4241 WATER SALES 950,000 950,000 51-000-42-00-4242 WATER METER SALES 130,000 130,000 51-000-42-00-4243 LEASE REVENUE-H2O TOWER 21,600 21,600 51-000-44-00-4490 MISCELLANEOUS INCOME 500 500 51-000-46-00-4600 INVESTMENT INCOME 8,000 8,000 TOTAL REVENUES: 2,659,518 2,659,518 EXPENSES 51-000-50-00-5107 SALARIES- EMPLOYEE 223,465 223,465 51-000-50-00-5136 SALARIES-PART TIME 4,000 4,000 51-000-50-00-5137 SALARIES-OVERTIME 27,000 27,000 51-000-61-00-5300 LEGAL SERVICES 2,000 2,000 51-000-61-00-5303 JULIE SERVICE 6,000 6,000 51-000-62-00-5401 CONTRACTUAL SERVICES 4,000 4,000 51-000-62-00-5408 MAINTENANCE-EQUIPMENT 10,000 10,000 51-000-62-00-5409 MAINTENANCE-VEHICLES 10,000 10,000 51-000-62-00-5411 MAINTENANCE-COMPUTERS 4,000 4,000 51-000-62-00-5413 MAINTENANCE-CONTROL SYSTEM 8,000 8,000 51-000-62-00-5421 WEARING APPAREL 5,500 5,500 51-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000 51-000-62-00-5435 ELECTRICITY 170,000 170,000 51-000-62-00-5436 TELEPHONE 20,000 20,000 51-000-62-00-5438 CELLULAR TELEPHONE 5,500 5,500 51-000-64-00-5600 DUES 1,000 1,000 51-000-64-00-5603 SUBSCRIPTIONS 250 250 51-000-64-00-5604 TRAINING&CONFERENCES 6,900 6,900 51-000-64-00-5605 TRAVEL EXPENSES 2,000 2,000 51-000-65-00-5800 CONTINGENCIES 29,276 29,276 51-000-65-00-5804 OPERATING SUPPLIES 44,000 44,000 51-000-65-00-5808 POSTAGE&SHIPPING 11,700 11,700 51-000-65-00-5809 PRINTING©ING 5,000 5,000 51-000-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 51-000-65-00-5812 GASOLINE 8,700 8,700 51-000-65-00-5815 HAND TOOLS 1,000 1,000 51-000-65-00-5817 GRAVEL 5,000 5,000 51-000-65-00-5820 CHEMICALS 27,232 27,232 51-000-65-00-5821 CATHODIC PROTECTION 2,500 2,500 51-000-65-00-5822 WATER SAMPLES 12,000 12,000 Page 18 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 WATER OPERATIONS PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 51-000-72-00-6500 IMRF PARTICIPANTS 24,606 24,606 51-000-72-00-6501 SOCIAL SECURITY&MEDICARE 19,788 19,788 51-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 4,000 4,000 51-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000 51-000-75-00-7506 METER READERS 10,320 10,320 51-000-75-00-7507 HYDRANT REPLACEMENT 10,000 10,000 51-000-75-00-7508 METERS&PARTS 130,000 130,000 51-000-78-00-9005 REFUND 1,500 1,500 51-000-62-00-5407 TREATMENT FACILITIES 0&M 44,000 44,000 51-000-62-00-5414 TRUCK LETTERING 1,000 1,000 RESERVE-H2O TOWER MAINT. 21,600 21,600 51-000-78-00-9009 RESERVE 1,412,681 1,412,681 51-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 51-000-99-00-9930 TRANSFER TO WATER IMPRV FUND 70,000 70,000 51-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 50,000 50,000 TOTAL EXPENSES: 2,659,518 2,659,518 TOTAL FUND REVENUES 2,659,518 2,659,518 TOTAL FUND EXPENSES 2,659,518 2,659,518 FUND SURPLUS(DEFICIT) 0 0 Page 19 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 SEWER MAINTENANCE PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES CARRY OVER/FUND BALANCE 478,506 478,506 52-000-42-00-4250 SEWER MAINTENANCE FEES 350,000 350,000 52-000-42-00-4251 SEWER CONNECTION FEES 96,800 96,800 52-000-46-00-4600 INVESTMENT INCOME 10,000 10,000 TOTAL REVENUES: 935,306 935,306 EXPENSES 52-000-50-00-5108 SALARIES-REGULAR 121,072 121,072 52-000-50-00-5136 PART TIME 5,000 5,000 52-000-50-00-5137 SALARIES-OVERTIME 12,000 12,000 52-000-62-00-5401 CONTRACTUAL SERVICES 2,000 2,000 52-000-62-00-5408 MAINTENANCE-EQUIPMENT 8,500 8,500 52-000-62-00-5409 MAINTENANCE-VEHICLES 5,000 5,000 52-000-62-00-5419 MAINTENANCE-SANITARY SEWER 19,000 19,000 52-000-62-00-5421 WEARING APPAREL 4,500 4,500 52-000-62-00-5422 LIFT STATION MAINTENANCE 22,000 22,000 52-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000 52-000-62-00-5435 ELECTRICITY 8,900 8,900 52-000-62-00-5438 CELLULAR TELEPHONE 2,500 2,500 52-000-64-00-5604 TRAINING&CONFERENCES 1,900 1,900 52-000-65-00-5800 CONTINGENCIES 10,000 10,000 52-000-65-00-5802 OFFICE SUPPLIES 2,000 2,000 52-000-65-00-5804 OPERATING SUPPLIES 8,000 8,000 52-000-65-00-5805 SHOP SUPPLIES 2,500 2,500 52-000-65-00-5812 GASOLINE 9,500 9,500 52-000-65-00-5815 HAND TOOLS 1,000 1,000 52-000-65-00-5817 GRAVEL 2,000 2,000 52-000-65-00-5823 SEWER CHEMICALS 8,000 8,000 52-000-72-00-6500 IMRF PARTICIPANTS 13,217 13,217 52-000-72-00-6501 SOCIAL SECURITY&MEDICARE 10,423 10,423 52-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 4,000 4,000 52-000-75-00-7003 OFFICE EQUIPMENT 6,000 6,000 52-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000 52-000-78-00-9009 RESERVE 543,294 543,294 52-000-99-00-9901 TRANSFER TO GENERAL FUND 70,000 70,000 52-000-99-00-9925 TRANSFER TO SAN SEWER IMPROV. 0 0 52-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 30,000 30,000 52-000-99-00-9965 TRANSFER TO DEBT SERVICE FUND 0 0 TOTAL EXPENSES: 935,306 935,306 TOTAL FUND REVENUES 935,306 935,306 TOTAL FUND EXPENSES 935,306 935,306 FUND SURPLUS(DEFICIT) 0 0 Page 20 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 LAND CASH PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 72-000-40-00-3999 CARRY OVER/STARTING BALANCE 693,912 693,912 72-000-40-00-4700 LAND CASH-OTHER 354 354 72-000-47-00-4701 GREENBRIAR-LAND CASH 5,355 5,355 72-000-47-00-4703 PRAIRIE GARDEN-LAND CASH 0 0 72-000-47-00-4704 FOX HILL-LAND CASH 0 0 72-000-47-00-4705 COUNTRY HILLS-LAND CASH 15,380 15,380 72-000-47-00-4707 FOX HIGHLANDS-LAND CASH 3,000 3,000 72-000-47-00-4708 FOX HIGHLANDS DUPLEX LAND CASH 15,000 15,000 72-000-47-00-4709 SUNFLOWER-LAND CASH 15,000 15,000 72-000-47-00-4710 CIMMERON RIDGE-LAND CASH 0 0 72-000-47-00-4712 RIVER'S EDGE-LAND CASH 20,130 20,130 72-000-47-00-4713 CANNONBALL HILLS-LAND CASH 0 0 72-000-47-00-4714 WOODWORTH-LAND CASH 0 0 72-000-47-00-4715 WHITE OAK UNIT 1&2-LAND CASH 0 0 72-000-47-00-4716 WHITE OAK UNIT 3&4-LAND CASH 1,406 1,406 72-000-47-00-4717 KYLYN'S CROSSING-LAND CASH 3,000 3,000 72-000-47-00-4718 FOXFIELD(2ND EDITION)-LAND CASH 0 0 72-000-47-00-4719 WILDWOOD-LAND CASH 1,000 1,000 72-000-47-00-4720 HEARTLAND-LAND CASH 15,000 15,000 72-000-47-00-4721 COUNTRYSIDE CNTR#9-LAND CASH 0 0 72-000-47-00-4722 KYLN'S RIDGE-LAND CASH 50,000 50,000 72-000-47-00-4723 HEARTLAND CIRCLE-LAND CASH 30,000 30,000 72-000-47-00-4724 THE HIGHLANDS-RAINTREE VILLAGE 0 0 72-000-47-00-4725 WINDETTE RIDGE-LAND CASH 0 0 72-000-47-00-4726 RESERVE @ THE FOX LAND CASH 0 0 72-000-47-00-4727 GRAND RESERVE-LAND CASH 100,000 100,000 72-000-47-00-4730 CANNONBALL EST/KYLYNS CROSSING 0 0 72-000-47-00-4731 MONTALBANO HOMES LAND CASH 15,000 15,000 72-000-47-00-4734 WHISPERING MEADOWS-(Kimball Hill) 25,000 25,000 72-000-47-00-4735 PRAIRIE MEADOWS-(Menards Res.) 286,230 286,230 72-000-47-00-4700 OSLAD GRANT/Rivers Edge Park 74,000 74,000 TOTAL CONTRIBUTIONS 1,368,767 1,368,767 EXPENSES 72-000-75-00-7008 MISC.BALL FIELD EQUIP 0 0 72-000-75-00-7200 BLDG IMPROVE-BEECHER 0 0 72-000-75-00-7201 RIVERFRONT EQUIP IMPROVEMENT 55,000 55,000 72-000-75-00-7300 GREENBRIAR 3,000 3,000 72-000-75-00-7301 FOX HILL 0 0 72-000-75-00-7302 COUNTRY HILLS 125,000 125,000 Page 21 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 LAND CASH PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 72-000-75-00-7304 SUNFLOWER 90,000 90,000 72-000-75-00-7307 RIVERS EDGE/Rice Park 150,000 150,000 Rivers Edge Park#II 10,000 10,000 72-000-75-00-7311 CANNONBALL ESTATES/KYLYNS 120,000 120,000 72-000-75-00-7317 HEARTLAND CIRCLE 5,000 5,000 72-000-75-00-7324 TOWN SQUARE 10,000 10,000 72-000-75-00-7325 VAN EMMON 0 0 72-000-75-00-7326 CORLANDS 0 0 72-000-78-00-9009 RESERVE 458,767 458,767 72-000-75-00-7327 GRANDE RESERVE PARK DEVELOPMENT 100,000 100,000 72-000-75-00-7328 PRAIRIE MEADOWS-(Menards Res.) 5,000 5,000 72-000-75-00-7329 ELSIE LOUISE GILBERT PARK 60,000 60,000 Parks Maintenance Facility 30,000 30,000 Windett Ridge 20,000 20,000 72-000-75-00-7330 WHISPERING MEADOWS-(Kimball Hill) 5,000 5,000 72-000-99-00-9955 TRANSFER TO PARKS/REC CAP FUND 22,000 22,000 72-000-99-00-9970 TRANSFER TO LAND ACQUISITION 100,000 100,000 TOTAL EXPENSES: 1,368,767 1,368,767 TOTAL FUND REVENUES 1,368,767 1,368,767 TOTAL FUND EXPENSES 1,368,767 1,368,767 FUND SURPLUS(DEFICIT) 0 0 Page 22 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 LAND ACQUISITION PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 73-000-40-00-3999 CARRY OVER BALANCE 14,078 14,078 73-000-40-00-4930 COLT FUNDING 100,000 100,000 73-000-49-00-4935 TRANSFER FROM LAND CASH 100,000 100,000 TOTAL REVENUES: 214,078 214,078 EXPENSES 73-000-65-00-5800 CONTINGENCY 214,078 214,078 TOTAL EXPENSES: 214,078 214,078 TOTAL FUND REVENUES 214,078 214,078 TOTAL FUND EXPENSES 214,078 214,078 FUND SURPLUS(DEFICIT) 0 0 Page 23 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 PARKS & RECREATION PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 79-000-40-00-3999 CARRY OVER BALANCE 25,857 25,857 79-000-42-00-4270 FEES FOR PROGRAMS 155,125 155,125 79-000-42-00-4280 CONCESSIONS 10,000 10,000 79-000-42-00-4281 BEECHER BLDG DEPOSIT 3,500 3,500 79-000-42-00-4282 FARMERS MARKET 1,000 1,000 79-000-42-00-4285 VENDING MACHINE INCOME 650 650 79-000-42-00-4286 RENTAL INCOME 3,000 3,000 79-000-42-00-4287 RENTAL INCOME(SHELTERS) 600 600 79-000-42-00-4288 GOLF OUTING REVENUE 36,251 36,251 79-000-44-00-4400 DONATIONS 12,000 12,000 79-000-44-00-4404 TREE DONATIONS 750 750 79-000-45-00-4550 YOUTH SERVICES GRANT 3,500 3,500 79-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 79-000-49-00-4901 TRANSFER FROM GENERAL FUND 794,036 794,036 Increase 37,540 due to Park Planner/equipment&COLA/Merit Transfer TOTAL REVENUES: 1,047,769 1,047,769 PARKS EXPENSES 79-610-50-00-5107 SALARIES-EMPLOYEES 272,176 272,176 Includes 3 months FT Park Planner$15,250 79-610-50-00-5136 SALARIES-PART-TIME 45,000 45,000 79-610-50-00-5137 SALARIES-OVERTIME 8,000 8,000 79-610-61-00-5320 MASTER PLAN 10,000 10,000 79-610-62-00-5405 PARK CONTRACTUAL 10,000 10,000 79-610-62-00-5408 MAINTENANCE-EQUIPMENT 5,000 5,000 79-610-62-00-5417 MAINTENANCE-PARKS 30,000 30,000 79-610-62-00-5421 WEARING APPAREL 5,000 5,000 decreased 79-610-62-00-5434 RENTAL-EQUIPMENT 1,500 1,500 79-610-62-00-5438 CELLULAR TELEPHONE 4,000 4,000 decreased 79-610-62-00-5440 LAND DEVELOPER 23,500 23,500 Decrease due to Park Planner position 79-610-62-00-5445 LEGAL EXPENSES 4,000 4,000 PARKS EXPENSES 79-610-64-00-5602 PROFESSIONAL GROWTH/SUBSCRPT 2,500 2,500 79-610-64-00-5605 TRAVEL EXPENSE 2,000 2,000 79-610-64-00-5612 CONTINUING EDUCATION 3,000 3,000 79-610-65-00-5802 OFFICE SUPPLIES 1,000 1,000 79-610-65-00-5804 OPERATING SUPPLIES 20,000 20,000 79-610-65-00-5812 GASOLINE 2,000 2,000 79-610-65-00-5815 HAND TOOLS 2,000 2,000 79-610-65-00-5824 CHRISTMAS DECORATIONS 4,000 4,000 79-610-65-00-5825 PUBLIC DECORATION 2,000 2,000 79-610-72-00-6500 IMRF PARTICIPANTS 26,678 26,678 79-610-72-00-6501 SOCIAL SECURITY/MEDICARE 25,000 25,000 79-610-75-00-7003 OFFICE EQUIPMENT 27,000 27,000 To reflect new park planner office equip computer,CAD licensing Page 24 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 PARKS & RECREATION PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 79-610-75-00-7701 FLOWERS/TREES 5,500 5,500 TOTAL EXPENSES: PARKS 540,854 540,854 RECREATION EXPENSES 79-650-50-00-5107 EMPLOYEE SALARIES 212,971 212,971 79-650-50-00-5150 SALARIES-INSTRUCTOR CONTRACTUAL 80,800 80,800 79-650-50-00-5155 SALARIES-RECORDING SECRETARY 3,000 3,000 79-650-61-00-5321 RECREATION RESEARCH 0 0 79-650-50-00-5108 CONCESSION STAFF 5,000 5,000 79-650-62-00-5408 MAINTENANCE SUPPLIES 6,500 6,500 79-650-62-00-5409 MAINTENANCE-VEHICLES 1,000 1,000 79-650-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 5,000 5,000 79-650-62-00-5426 YOUTH SERVICES GRANT EXPENSES 3,000 3,000 79-650-62-00-5437 TELEPHONE/INTERNET 827 827 79-650-62-00-5438 CELLULAR TELEPHONE 3,500 3,500 79-650-62-00-5445 PORTABLE TOILETS 4,000 4,000 79-650-62-00-5603 PUBLISHING/ADVERTISING 24,000 24,000 RECREATION EXPENSES 79-650-62-00-5605 BOOKS/PUBLICATIONS 750 750 79-650-62-00-5606 BEECHER DEPOSIT REFUND 6,000 6,000 79-650-64-00-5600 DUES 2,500 2,500 79-650-64-00-5602 PROFESSIONAL GROWTH/SUBSCRIPT 7,300 7,300 79-650-64-00-5605 TRAVEL EXPENSE 2,000 2,000 79-650-65-00-5802 OFFICE SUPPLIES 6,000 6,000 79-650-65-00-5803 PROGRAM EXPENSES 37,810 37,810 79-650-65-00-5804 OPERATING SUPPLIES 3,000 3,000 79-650-65-00-5805 RECREATION EQUIPMENT 2,500 2,500 79-650-65-00-5808 POSTAGE&SHIPPING 4,000 4,000 79-650-65-00-5812 GASOLINE 800 800 79-650-65-00-5826 MILEAGE 750 750 79-650-65-00-5827 GOLF OUTING EXPENSES 19,166 19,166 79-650-65-00-5828 CONCESSIONS 10,500 10,500 79-650-65-00-5840 SCHOLARSHIPS 1,500 1,500 79-650-65-00-5841 PROGRAM REFUND 6,500 6,500 79-650-72-00-6500 IMRF PARTICIPANTS 19,101 19,101 79-650-72-00-6501 SOCIAL SECURITY/MEDICARE 21,500 21,500 79-650-75-00-7002 COMPUTER EQUIP&SOFTWARE 5,640 5,640 TOTAL EXPENSES: RECREATION 506,915 506,915 TOTAL FUND REVENUES 1,047,769 1,047,769 TOTAL FUND EXPENSES 1,047,769 1,047,769 FUND SURPLUS(DEFICIT) 0 0 Page25of28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 LIBRARY PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 82-000-40-00-3999 CARRY OVER 72,847 72,847 82-000-40-00-3996 CARRY OVER-BOOK DEV FEES 57,646 57,646 82-000-40-00-3997 CARRY OVER-BLDG DEV FEES 30,445 30,445 82-000-40-00-3998 CARRY OVER-MEMORIALS 5,362 5,362 82-000-40-00-4015 TRANSFER FROM GENERAL FUND 26,249 26,249 82-000-40-00-4000 REAL ESTATE TAXES 301,915 301,915 82-000-40-00-4010 PERSONAL PROPERTY TAX 2,500 2,500 82-000-42-00-4211 DEVELOPMENT FEES-BUILDING 67,000 67,000 82-000-42-00-4215 DEVELOPMENT FEES-BOOKS 67,000 67,000 82-000-42-00-4260 COPY FEES 900 900 82-000-42-00-4261 LIBRARY SUBSCRIPTION CARDS 8,000 8,000 82-000-42-00-4286 RENTAL INCOME 1,000 1,000 82-000-43-00-4330 LIBRARY FINES 3,000 3,000 82-000-44-00-4432 SALE OF BOOKS 500 500 82-000-44-00-4450 MEMORIALS 1,500 1,500 82-000-45-00-4560 LIBRARY PER CAPITA GRANT 7,700 7,700 82-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 82-000-46-00-4601 INVESTMENT INCOME-BLDG 1,250 1,250 TOTAL REVENUES: 656,314 656,314 EXPENSES 82-000-50-00-5107 SALARIES-EMPLOYEES 200,000 200,000 82-000-50-00-5203 GROUP HEALTH INSURANCE 45,000 45,000 82-000-50-00-5204 GROUP LIFE INSURANCE 1,500 1,500 82-000-50-00-5205 DENTAL&VISION ASSISTANCE 4,000 4,000 82-000-61-00-5322 BONDING 2,000 2,000 82-000-61-00-5323 ATTORNEY 3,000 3,000 CONTRACT SERVICES 3,000 3,000 82-000-62-00-5407 MAINTENANCE-BLDG/JANITORIAL 5,000 5,000 82-000-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 3,000 3,000 82-000-62-00-5412 MAINTENANCE-PHOTOCOPIER 1,000 1,000 82-000-62-00-5435 ELECTRICITY 2,500 2,500 82-000-62-00-5436 TELEPHONE 1,700 1,700 82-000-64-00-5603 SUBSCRIPTIONS 4,000 4,000 82-000-64-00-5604 TRAINING&CONFERENCES 1,500 1,500 82-000-64-00-5607 PUBLIC RELATIONS 1,000 1,000 82-000-64-00-5616 EMPLOYEE RECOGNITION 2,000 2,000 82-000-65-00-5800 CONTINGENCIES 12,411 12,411 82-000-65-00-5806 LIBRARY SUPPLIES 8,000 8,000 82-000-65-00-5807 CUSTODIAL SUPPLIES 6,000 6,000 Page 26 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 LIBRARY PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 82-000-65-00-5808 POSTAGE&SHIPPING 1,000 1,000 82-000-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 82-000-65-00-5826 MILEAGE 1,000 1,000 82-000-65-00-5832 VIDEOS 5,500 5,500 82-000-65-00-5833 ALARM MONITORING 1,000 1,000 82-000-65-00-5834 LIBRARY PROGRAMMING 10,000 10,000 82-000-65-00-5835 LIBRARY BOARD EXPENSES 1,000 1,000 82-000-65-00-5836 BOOKS-ADULT 11,000 11,000 82-000-65-00-5837 BOOKS-JUVENILE 11,000 11,000 82-000-65-00-5838 BOOKS-AUDIO 11,000 11,000 82-000-65-00-5839 BOOKS-REFERENCE 12,000 12,000 82-000-65-00-5840 BOOKS-DEVELOPMENT FEE 124,646 124,646 82-000-65-00-5841 MEMORIALS/GIFTS 6,862 6,862 82-000-65-00-5842 BLDG-DEVELOPMENT FEES 98,695 98,695 82-000-72-00-6500 I MRF PARTICIPANTS 9,000 9,000 82-000-72-00-6501 SOCIAL SECURITY/MEDICARE 15,000 15,000 82-000-75-00-7003 AUTOMATION 30,000 30,000 TOTAL EXPENSES: 656,314 656,314 TOTAL FUND REVENUES 656,314 656,314 TOTAL FUND EXPENSES 656,314 656,314 FUND SURPLUS(DEFICIT) 0 0 Page 27 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 FOX INDUSTRIAL PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 85-000-40-00-3999 CARRY OVER BALANCE 34,852 34,852 85-000-40-00-4090 TIF REVENUES 34,068 34,068 85-000-46-00-4600 INVESTMENT INCOME 1,000 1,000 85-000-49-00-4905 TRANSFER FROM MFT FUND 9,587 9,587 TOTAL REVENUES: 79,507 79,507 EXPENSES 85-000-66-00-6021 FOX IND BOND-PRINCIPAL PMT 55,000 55,000 85-000-66-00-6022 FOX IND BOND-INT PAYMENT 24,293 24,293 85-000-75-00-7901 FOX INDUSTRIAL-NON MFT 0 0 85-000-75-00-7902 FOX INDUSTRIAL EXPENSES 0 0 85-000-78-00-9007 ADMINISTRATION FEES 214 214 85-000-78-00-9010 RESERVE-FUTURE BOND PYMT 0 0 TOTAL EXPENSES: 79,507 79,507 TOTAL FUND REVENUES 79,507 79,507 TOTAL FUND EXPENSES 79,507 79,507 FUND SURPLUS(DEFICIT) 0 0 Page 28 of 28 UNITED CITY OF YORKVILLE REQUESTED NEW HIRES FY 2005-2006 REQUESTED POSmONS SALARY RANGE Hire Month #Months 05/06 Salary Comments General Fund Accounting Clerk I(PT to FT) $26,910 $42,820 July 10 $15,304.67 Represents net change(Position currently PT) Office Mana.er $32,085 $43,675 Jan 4 $11,333.33 $34k Jul 10 $70,833.00 .,> Land Use Planner $45,000 $65,000 Jan 4 $16,000.00 $48K Park Designer $45,000 $65,000 Sept 8 $32,000.00 $48K Also budgeted decrease in Park&Rec Master Plan&Land Developer fees Streets Operator $39,330 $52,454 Feb 3 $10,000.00 $40k Police Officer $38,473 $47,516 Oct 7 $23,582.42 $19.43/hr=$40,427/yr Police Officer $38,473 $47,516 Oct 7 $23,582.42 Police Officer $38,473 $47,516 April 1 $3,368.92 Police Officer $38,473 $47,516 April 1 $3,368.92 General Fund Total New Hire Salaries $209,373.67 Park&Recreation PT Receptionist Nov 6 $5,200.00 $10.00/hr Total Park&Rec New Hire Salaries $5,200.00 Enterprise Funds Sewer MWI $29,900 $41,749 Nov 6 $15,400.00 $30,800 Funded through Sewer Maintenance Fund MWII(Julie Locator) $34,155 $47,101 May 12 $35,000.00 $35k Funded 1/2 from Sewer Maintenance Fd, 1/2 through Water Operating Fd PT Utility Billing Clerk July 10 $8,925.00 $10.50/hr Total Enterprise Funds New Hire Salaries $59,325.00 I i I I r-. Revised 4-22-2005 1�M in( "fi "‘— STATE STATE OF ILLINOIS ) )ss COUNTY KENDALL ) ORDINANCE NO. 2005- ORDINANCE APPROVING THE 2005-2006 FISCAL BUDGET FOR THE UNITED CITY OF YORKVILLE WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have duly held all Public Hearings, allowed public input, and through its committee system has duly considered formation of a budget for the 2005-2006 Fiscal Year; and WHEREAS, a tentative budget was duly announced and available for examination at the City offices of the UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the tentative 2005-2006 Fiscal Year Budget being submitted on April 26, 2005 at its regular City Council Meeting: NOW THEREFORE, upon Motion duly made, seconded and approved by a majority of those so voting, the 2005-2006 Budget totaling $58,132,723 including the amounts of$17,958,036 General Fund, $77,664 Fox Industrial, $2,575,600 Water Operations, $968,000 Sewer Maintenance, $199,523 Municipal Building, $20,685,000 Sanitary Sewer Improvement & Expansion, $8,675,000 Water Improvement & Expansion, $1,180,688 Debt Service, $748,304 Motor Fuel Tax, $729,924 Public Works Equipment Capital, $250,450 Police Equipment Capital, $1,183,042 Parks & Recreation, $23,750 Parks &Recreation Capital, $2,032,933 Land Cash, and $844,809 Library is hereby adopted for the 2005-2006 Fiscal Year, as presented. Page 1 of 2 ADOPTED this 26th day of April, 2005, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 26th day of April, A.D. 2005. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 26th day of April, A.D. 2005. Attest: CITY CLERK Page 2 of 2 UNITED CITY OF YORKVILLE PROPOSED BUDGET FINAL 4/22!05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER 'DESCRIPTION !Budget COMMENTS GENERAL FUND REVENUES FUND BALANCE 0 01-000-40-00-3999 !CARRY OVER BALANCE 50,000 Carry over identified for Cadet Program($10k)&Phase II for Downtown Planning($40k) 01-000-40-00-3996 ROAD CONTRIBUTION FEE -New line-275 permits @$2,000 01-000-40-00-3998 ;ROAD FUNDING-MPI 4,000,000 Grande Reserve Perimiter roads-funded by developer 01-000-40-00-3997 :IN-TOWN ROAD PROGRAM FUNDING 4,350,210 includes carry over of 525,485 from FY 04/05 01-000-40-00-4000 REAL ESTATE TAXES 1,393,821 Increase in new EAV 01-000-40-00-4001 ;TOWN ROAD/BRIDGE TAX 98,000 FOX HILL LEVY REVENUE 7,850 New Line-Seasonal maintenance of SSA area 01-000-40-00-4010 ;PERSONAL PROPERTY TAX 10,000 01-000-40-00-4020 STATE INCOME TAX 638,820 Special Census 5 months 01-000-40-00-4030 ;MUNICIPAL SALES TAX 2,308,900'Slight increase in existing sales tax+increase FE Wheaton sales tax due to expansion 01-000-40-00-4032 'STATE USE TAX 97,006 Special Census 5 months 01-000-40-00-4040 !MUNICIPAL UTILITY TAX 500,000 01-000-40-00-4041 'UTILITY TAX-NICOR 100,000 Currently at$95k(4/14/05) 01-000-40-00-4042 UTILITY TAX-CABLE TV 65,000 Currently at$60k(Feb 05)03/04 was$55k 01-000-40-00-4043 UTILITY TAX-TELEPHONE 325,000;03/04 audit revenues above$250k+current revenues at$286k(4/14/05) 01-000-40-00-4050 HOTEL TAX 20,000 03/04 audit was$18k TRAFFIC SIGNAL REVENUE 5,000 01-000-41-00-4100 LIQUOR LICENSE 25,000 01-000-41-00-4101 OTHER LICENSES 4,500,Currently at$3,700(Feb 05) 01-000-41-00-4110 ;BUILDING PERMITS 1,100,000 Est.residential permits(700)+700k Sq Ft Com/ind/manu 05/06 01-000-42-00-4205 IFILING FEES 25,000 01-000-42-00-4206 1GARBAGE SURCHARGE 192,780 01-000-42-00-4208 'COLLECTION FEE-YBSD 34,000 Decrease due to one time capital fee of$11k paid FY 04/05 .r'.a. € �tr ..a „-u.. n� t'.. Ri 01-000-42-00-4210 I DEVELOPMENT FEES 1,175,000 Based on estimated residential permits+commercial 01-000-42-00-4211 ENGINEERING CAPITAL FEE MB=Based on estimated residential permits(275)that include this new capital fee of$100/permit 01-000-43-00-4310 TRAFFIC FINES 73,500 5% per year 01-000-43-00-4315 REIMBURSE POLICE TRAINING 0 Delayed Reimbursement from State-unknown if needed at this time 01-000-43-00-4320 ;ORDINANCE FEES 2,500 01-000-44-00-4401 DARE DONATIONS 1,250 01-000-44-00-4402 ROB ROY CREEK HYDRAULIC STUDY 40,000 Reimbursements from Developers 01-000-44-00-4411 I REIMB-POLICE PROTECTION 3,000 01-000-44-00-4420 SIDEWALK CONSTRUCTION 0 Program is now fully funded by City 01-000-44-00-4490 ',MISCELLANEOUS INCOME 10,000 01-000-45-00-4505 COPS GRANT-VESTS 1,250 This will allow 4 vests 05/06 at 50% 01-000-45-00-4510 COPS GRANT 0 I Grant Expired 2004/2005 01-000-45-00-4511 POLICE-STATE TOBACCO GRANT 1,250' Slight increase in interest rate,increase in fund balance+road project proceeds not yet expended 01-000-46-00-4600 ',INVESTMENT INCOME 20,000 earning interest !TRANSFER FROM LAND CASH 42,000 New line-80%of Park Designer salary+benefits 01-000-49-00-4915 'TRANSFER FROM WATER OPERATIONS 200,000 01-000-49-00-4920 TRANSFER FROM SEWER MAINT. 70,000 01-000-49-00-4925 TRANSFER FROM SAN.SEWER IMP 200,000'150k Required per loan agreement 01-000-49-00-4930 'TRANSFER FROM WATER IMPROVE. 200,000 TOTAL REVENUES:GENERAL 18,008,036 Page 1 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER j DESCRIPTION Budget COMMENTS FINANCE &ADMINISTRATION EXPENSES 01-110-50-00-5100 SALARIES-MAYOR 7,500 01-110-50-00-5101 SALARIES CITY CLERK 3,600 01-110-50-00-5102 I SALARIES-CITY TREASURER 3,600 01-110-50-00-5103 ;SALARIES-ALDERMAN 29,080 01-110-50-00-5104 !SALARIES-LIQUOR COMMISSIONER 1,000 01-110-50-00-5105 SALARIES-CITY ATTORNEY 13,500, Community Relations Mgr.(FY 04/05 hire)+FT Acctg Clerk(July)+Office Mgr.(Jan)+added Janitor 01-110-50-00-5106 j SALARIES-ADMINISTRATIVE 557,237 payroll to Admin Salaries(was in Office Cleaning) 01-110-50-00-5136 I SALARIES-PART TIME 45,07212 perm.part time(PT Tech added in Feb 05)+1 intern @$3,000 01-110-50-00-5137 SALARIES-OVERTIME 1,500 01-110-50-00-5202 I BENEFITS-UNEMPLOY.COMP.TAX 10,000 Additional employees increase unemployment amount Actual costs averaged 14%increase+annualized costs of FY 04/05(11 new hires throughout FY)+9 01-110-50-00-5203 BENEFITS-HEALTH INSURANCE 825,000 new FT new hires(other 2 new hires are Apr 1-30 day wait for Health Ins.) 01-110-50-00-5204 BENEFITS-GROUP LIFE INSURANCE 20,000 FY 04/05 new hires annualized in 05/06+new 01-110-50-00-5205 BENEFITS-DENTAL/VISION ASST 68,0931Includes 11 new hires 05/06 01-110-61-00-5300 LEGAL SERVICES j 35,000 01-110-61-00-5304 AUDIT FEES&EXPENSES 25,5001 Per agreement 01-110-61-00-5305 ACCOUNTING ASSISTANCE 5,000 01-110-61-00-5308 ;GASB 34 15,000 01-110-61-00-5310 EMPLOYEE ASSISTANCE 4,500 01-110-61-00-5311 CODIFICATION I 5,000. 01-110-61-00-5314 BUILDING INSPECTIONS 880,000 Approx.80%of Building Permit Fees 01-110-61-00-5322 !BONDING 0 Covered through IMLRMA(Property&Liability Insurance)Cost 01-110-62-00-5400 I INSURANCE-LIABILITY&PROPERTY 130,000 01-110-62-00-5401 !CONTRACTUAL SERVICES 37,500 SPECIAL CENSUS 66,000 Based on contract received 3/05 01-110-62-00-5404 CABLE CONSORTIUM FEE 30,000 01-110-62-00-5406 OFFICE CLEANING 7,500!Decrease due to moving Janitor payroll to Admin Salaries 01-110-62-00-5410 'MAINTENANCE-OFFICE EQUIPMENT 500 01-110-62-00-5411 1MAINTENANCE-COMPUTERS 2,000 was 8,000 for T-1 line installation in FY 04/05 01-110-62-00-5412 I MAINTENANCE-PHOTOCOPIERS 19,3921,Lease Cost •WEARING APPAREL 1,740 New line item-11 elected officials(660)+18 ee(1080)@$60 per person 01-110-62-00-5427 FACADE PROGRAM 20,000 01-110-62-00-5436 ITELEPHONE 21,000 01-110-62-00-5437 ACCTG SYSTEM SERVICE FEE 7,650,05/06 Includes new Permit Tracking Annual Fee(Purchased in FY 04/05) 01-110-62-00-5438 CELLULAR TELEPHONE 2,300' 01-110-62-00-5439 ,TELEPHONE SYSTEMS MAINTENANCE 11,000 01-110-64-00-5600 DUES 4,000 01-110-64-00-5601 I ILLINOIS MUNICIPAL LEAGUE DUES 1 690!Actual dues amount for FY 04/05 01-110-64-00-5603 !SUBSCRIPTIONS/BOOKS 500 increased individual&dept training for new&existing staff+GFOA Conf.,IML,IGFOA local 01-110-64-00-5604 TRAINING&CONFERENCES 11,000:conferences,IAMMA,Admin.graduate classes,Brownfield&TIF conferences 01-110-64-00-5605 ;TRAVEL/MEALS/LODGING 17,000 01-110-64-00-5607 PUBLIC RELATIONS ! 18,000 To incorporate Trolley Program SPONSORSHIPS 1,5001 Page 2 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS FINANCE &ADMINISTRATION 01-110-65-00-5800 CONTINGENCIES 185,170 3%per policy FUND BALANCE RESERVE 0 To reserve fund balance if necessary per policy. Currently,not needed. 01-110-65-00-5802 OFFICE SUPPLIES 12,000. 01-110-65-00-5804 ;OPERATING SUPPLIES 13,000 01-110-65-00-5808 POSTAGE&SHIPPING 11,000 Increase in mailings 01-110-65-00-5809 PRINTING©ING 10,500 Increase in photocopies(color/black&white)Copying avg 160-170k/quarter on main copier 01-110-65-00-5810 PUBLISHING&ADVERTISING 3,500 Currently at$3k(Feb) 01-110-65-00-5844 MARKETING-HOTEL TAX 20,000 off set to revenue 01-110-72-00-6500 IMRF PARTICIPANTS 47,791 due to new staff salaries 01-110-72-00-6501 SOCIAL SECURITY&MEDICARE 52,821 Increase due to 3 new staff(Comm Relations/FT Acctg/Ofc Coord.) 01-110-75-00-7002 COMPUTER EQUIP&SOFTWARE 13,500'.05/06 MSI Human Resource Module 01-110-75-00-7003 OFFICE EQUIPMENT 3,000 installed new panel systems in 04/05 01-110-78-00-9001 CITY TAX REBATE 1,200 01-110-78-00-9002 NICOR GAS 30,000 01-110-78-00-9003 SALES TAX REBATE 555,300 Increase due to FE Wheaton rebate agreement 01-110-78-00-9004 ;MISCELLANEOUS 100 01-110-78-00-9005 :MERIT/PAY EQUITY 51,104 up to 4%merit as approved-this line includes all GF Departments 01-110-99-00-9923 :TRANSFER TO LIBRARY 31,500'increase in SS/IMRF for Library budget 01-110-99-00-9925 TRANSFER TO SAN SEWER 150,000 01-110-99-00-9940 TRANSFER TO PARK&RECREATION 928,567 Increase due to parks maintenance and staffing from FY 04/05 Not necessary due to capital and asset replacement projects eliminated during budget meetings with 01-110-99-00-9941 TRANSFER TO PARK/REC CAPITAL 0 department heads and mayor due to budget constraints. 01-110-99-00-9945 TRANSFER TO MUNICIPAL BLDG 49,523 Amount decreased because FY 04/05 included emergency generator and carpet for City Hall TOTAL EXPENSES:FINANCE&ADMINISTRATION 5,134,030 Page 3 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER IDESCRIPTION Budget 'COMMENTS ENGINEERING EX - - 04-05.Many proposed 05-06 numbers are based on acutal 04-05 expenditures. 01-150-50-00-5107 DepartmentENSES ;The Engineering bud et was new for 50 50 00-5107 SALARIES-EMPLOYEES 248,919 Moved Planning salaries to new Planning and Development Department 01-150-50-00-5137 (SALARIES-OVERTIME 1,000 01-150-62-00-5401 CONTRACTUAL SERVICES 20,0001 Miscellaneous,currently unknown projects.Should be$52,000 based on 04-05 expenditures. GIS SYSTEM 5,000 $5k for GIS Contract(25k total-split w/water&sewer$10K each).This is a capital project. FEES I 1,000 New annual NPDES permit fee for Illinois EPA. 01-150-62-00-5409 i MAINTENANCE-VEHICLES 3,500 Retire 87 pickup in 05.Reduced maintenance costs due to newer vehicles. 01-150-62-00-5410MAINTENANCE-OFFICE EQUIP 1,000 Reduction based on actual 04-05 expenditures. 01-150-62-00-5411 (MAINTENANCE-COMPUTERS 2,500 General maintenance.Reduction based on actual 04-05 expenditures. Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-62-00-5421 WEARING APPAREL 1 1 1,100 expense in new department). 1 Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-62-00-5438 ;CELLULAR TELEPHONE 2,800 expense in new department). Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-64-00-5600 DUES 300!expense in new department). One-time seminars and tuition reimbursement.Increase due to switching funds from STORMWATER 01-150-64-00-5604 (TRAINING&CONFERENCES 6,000 SOFTWARE&TRAINING. Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-64-00-5605 I TRAVEL EXPENSE 1,000 expense in new department). 01-150-64-00-5616 BOOKS&PUBLICATIONS 200, Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-65-00-5801 'ENGINEERING SUPPLIES 3,000'expense in new department). 01-150-65-00-5802 OFFICE SUPPLIES 2,500 01-150-65-00-5809 PRINTING©ING 2,000 01-150-72-00-6500 I IMRF PARTICIPANTS 20,343 Decrease due to creating planning department(not identified at 4/19 COW)budgeted in new dept 01-150-72-00-6501 SOCIAL SECURITY&MEDICARE 19,120 Decrease due to creating planning department(not identified at 4/19 COW)budgeted in new dept 01-150-75-00-7002 COMPUTER EQUIP&SOFTWARE 3,850'$1,600 Laser Printers(replace older inkjet printers)+$2,250(fy 05&06)5 AutoCAD 1 WaterCAD 01-150-75-00-7003 'OFFICE EQUIPMENT 500 FY 05/06 Ceiling Fans `,1,,,,,\,z ' FY 05/06 Replacement Truck for Engineering Tech$20k+Replace 96 sedan w/small SUV($25k to be 01-150-65-00-5820 'Vehicles/ENGINEERING CAPITALsao, partially paid thru PW). Transfer ENGINEERING CAPITAL to PW Dept. ;; ,. :V., 1a-New line for FY 06/07-To repay PW from FY 04/05(20k for 04/05 truck$17,500 05/06 SUV) 01-150-65-00-5814 STORM WATER SOFTWARE&TRAINING 0 Moved to Training&Conferences TOTAL EXPENSES:ENGINEERING 373,132 Page 4 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS PUBLIC SAFETY/POLICE DEPT. EXPENSES 01-210-50-00-5107 1SALARIES-EMPLOYEES 608,512 3%increase per contract 4 new hires(2-Oct&2-Apr) 01-210-50-00-5131 'SALARIES-LIEUT./SERGEANTS/CHIEF 522,284 01-210-50-00-5133 SALARIES-COPS 150,158 3%increase per contract 01-210-50-00-5134 'SALARIES-CROSSING GUARD 19,000 01-210-50-00-513.5 !SALARIES-POLICE CLERKS 103,626 160 hours per month @$15.50 for 2005/2006 We will not put in place the Cadet Program until we are 01-210-50-00-5136 SALARIES-PART TIME 30,000;able to locate funds to support it. 01-210-50-00-5137 I SALARIES-OVERTIME 50,000 CADET PROGRAM 10,000 01-210-61-00-5300 LEGAL SERVICES 20,000 Union Contract is up(April 30,2006) 01-210-62-00-5408 !MAINTENANCE-EQUIPMENT 8,000 01-210-62-00-5409 '.MAINTENANCE-VEHICLES 21,000 01-210-62-00-5410 MAINT-OFFICE EQUIPMENT 2,500 01-210-62-00-5411 1MAINTENANCE-COMPUTERS 2,100 01-210-62-00-5414 !WEATHER WARNING SIREN MAINT 8,000 01-210-62-00-5421 WEARING APPAREL 27,000 I will be outfitting(4)new hires @$3,500 per new hire 01-210-62-00-5422 COPS GRANT IV-VESTS 2,500'(4)Vests 01-210-62-00-5423 ',CLASY GRANT 1,000 New Line Item 01-210-62-00-5424 .ICJ IA-JUVENILE 0 01-210-62-00-5429 :PSYCHOLOGICAL TESTING 1,5001,I will need two more tests for the two new people @$250 per test 01-210-62-00-5430 HEALTH SERVICES 3,000 01-210-62-00-5431 LABORATORY FEES 1,000 01-210-62-00-5436 TELEPHONE 20,000 01-210-62-00-5438 10ELLULAR TELEPHONE 14,000 2 phones needed for new hires in October 2005 01-210-62-00-5441 MTD-ALERTS FEE 2,400'0)New Unit 01-210-64-00-5600 (DUES 2,250 01-210-64-00-5603 SUBSCRIPTIONS 300 01-210-64-00-5604 ',TRAINING&CONFERENCE 19,000 No Increase 01-210-64-00-5605 TRAVEL EXPENSES 9,000 01-210-64-00-5606 1COMMUNITY RELATIONS 5,500 01-210-64-00-5607 POLICE COMMISSION 23,000 increase for(2)Promotional Tests(Sgt.&Lt.)and New Hire Test 01-210-64-00-5608 ',TUITION REIMBURSEMENT 14,000 01-210-64-00-5609 POLICE RECRUIT ACADEMY 3,500 1 new recruit to Attend PTI 01-210-64-00-5610 GUN RANGE FEES 625! 01-210-64-00-5611 ,SRT FEE 2,000 01-210-65-00-5802 OFFICE SUPPLIES 6,500 01-210-65-00-5804 :OPERATING SUPPLIES 16,000 01-210-65-00-5808 ',POSTAGE&SHIPPING 3,000 01-210-65-00-5809 'PRINTING©ING 4,500 01-210-65-00-5810 :PUBLISHING&ADVERTISING 1,000 Advertising for New Hire List 01-210-65-00-5812 I GASOLINE 36,300'10%Increase,we are traveling more miles each month as well as the cost of fuel is up. Page 5 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS PUBLIC SAFETY/POLICE DEPT. 01-210-65-00-5813 1AMMUNITION 5,000 01-210-72-00-6500 'IMRF PARTICIPANTS 8,732 Decrease in IMRF Rate 01-210-72-00-6501 SOCIAL SECURITY&MEDICARE 115,170 Hiring of(4)Police Officers 01-210-72-00-6502 'POLICE PENSION 231,686 Hiring of(4)Police Officers 01-210-75-00-7002 COMPUTER EQUIP&SOFTWARE 8,500 01-210-78-00-9004 ;BIKE PATROL 2,000 01-210-99-00-9910 TRANSFER TO POLICE CAPITAL 0 TOTAL EXPENSES:PUBLIC SAFETY/POLICE DEPT. 2,145,143 Page 6 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 "items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW ,Proposed ACCOUNT '2005-2006 NUMBER DESCRIPTION Budget ;COMMENTS PLANNIING &DEVELOPMENT aytf C �S✓a'i' .a.�1 -}V.l, % t t tiMra k: +M�gi kj} y 1. naZ EXPENSES -. 4 01-220-50-00-5107 I EMPLOYEE SALARIES 131,086 Employee Salaries also include salary only for Land Use Planner(Nov)+Park Designer(Aug) 01-220-61-00-5300 ;LEGAL SERVICES 20,000 FY 04/05 Included Master Facilities Plan+South Comp Plan//05/06 Misc.court reporter services+ 01-220-62-00-5401 ;CONTRACTUAL SERVICES 50,000 minor misc.contractual services expenses.Increase due to Phase II Downtown Plan 01-220-62-00-5430 I PLANNING CONSULTANT 20,000 Decrease due to adding Planning staff 01-220-62-00-5432 ;ECONOMIC DEVELOPMENT 45,000 01-220-62-00-5438 CELLULAR TELEPHONE 1,0001 New line 01-220-64-00-5600 _;DUES 200 01-220-64-00-5604 TRAINING&CONFERENCES 6,000 i New line 01-220-64-00-5605 I TRAVEL EXPENSE 3,000 New line 01-220-64-00-5616 1 BOOKS&PUBLICATIONS 425 New line 01-220-65-00-5804 (OPERATING SUPPLIES ; 5,000 01-220-65-00-5809 j PRINTING©ING 2,500 01-220-65-00-5810 !PUBLISHING&ADVERTISING 10,0001 Increased volume of advertising needed 01-220-65-00-5814 j BOOKS&MAPS 3,000 01-220-72-00-6500 1 IMRF PARTICIPANTS 9,672 New line-IMRF for Land Use Planner and Park Designer&Community Development Director 01-220-72-00-6501 SOCIAL SECURITY&MEDICARE 7,724 New line-SS for Land Use Planner and Park Designer&Community Development Director 01-220-75-00-7002 COMPUTER EQUIP&SOFTWARE 7,500 New line 01-220-75-00-7003 OFFICE EQUIPMENT 2,500 New line TOTAL EXPENSES: !PLANNING&DEVELOPMENT 324,607 Page 7 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER 'DESCRIPTION Budget COMMENTS STREETS EXPENSES 01-410-50-00-5107 I SALARIES-EMPLOYEE 182,345 1 FY 05/06 2 Promotions to MWII +New hire Operator(Feb) 01-410-50-00-5136 .SALARIES-PART TIME 11,000'additional seasonal part time employee @$8.50/hr 01-410-50-00-5137 SALARIES-OVERTIME 20,400 due to additional employees during snow plow season 01-410-61-00-5313 !ENGINEERING-IN TOWN ROAD PROG 215,210 starting phase II of the program 01-410-61-00-5314 !INSPECTIONS&LICENSES 200 additional licenses 01-410-62-00-5401 !CONTRACTUAL SERVICES 2,000 01-410-62-00-5408 1MAINTENANCE-EQUIPMENT I 9,000 preventative maintenance and equipment change out has lowered repair costs 01-410-62-00-5409 ,MAINTENANCE-VEHICLES 11,550 additional vehicles to maintain,mainly for routine maintenance 01-410-62-00-5414 1MAINTENANCE-TRAFFIC SIGNALS 24,000 increase in contractor and supply costs 01-410-62-00-5415 !MAINTENANCE-STREETLIGHTS 25,000',Increase in number of street lights 01-410-62-00-5420 !MAINTENANCE-STORM SEWER 10,000 FY 05/06 Cannonball Tr.Drainage per agreement,increase for NPDES compliance 01-410-62-00-5421 WEARING APPAREL 6,000 Outfit new employees+increase uniform costs by 5% 01-410-62-00-5434 !RENTAL-EQUIPMENT i 2,000 rental of specialty equip such as cold planer for road patching and concrete core drill 01-410-62-00-5435 ELECTRICITY 51,800 Increase in number of street lights 01-410-62-00-5438 CELLULAR TELEPHONE 3,300 New Employee 01-410-62-00-5440 STREET LIGHTING 6,000 Prices are currently at approx$2,000 per pole hooked up 01-410-64-00-5604 TRAINING&CONFERENCES 5,000:1 national show,2 regional classes,+state&local classes 01-410-65-00-5804 lOPERATING SUPPLIES 25,800 Combined with maintenance supplies streets 01-410-65-00-5812 rGASOLINE 24,000 10%increase each year due to additions to the fleet and rising costs 01-410-65-00-5815 'HAND TOOLS 2,500 Outfit new trucks each year 01-410-65-00-5817 !GRAVEL 6,500 New areas w/gravel shoulders,increased maintenance practices 01-410-72-00-6500 'IMRF PARTICIPANTS 16,783' 01-410-72-00-6501 SOCIAL SECURITY&MEDICARE 16,616 01-410-75-00-5418 !MOSQUITO CONTROL 28,950'5%increase 01-410-75-00-5419 I MAINT SUPPLIES-STREET 0 Combined with operating supplies 01-410-75-00-7004 SAFETY EQUIPMENT 1,000 01-410-75-00-7100 !STREET REHAB PROJECTS 40,000 FY 05:Asphalt Pavement Treatment$40K,,//FY 06:Asphalt Pavement$50K,Palmer Court$60K ROAD CONTRIBUTION FUND PROJECTS New line-FY 05/06 Countryside/McHugh/Marketview re-striping$10K ROAD CONTRIBUTION FUND-RESERVE New line -reserve for next FY FY 05:Phase 1 Storm Sewer$500K Phased Roadways$1,030,000K Construction Inspection$230K 01-410-75-00-7101 IN-TOWN ROAD PROGRAM 2,345,000 Phase 2 Storm Sewer$480K Construction Inspection$105K IN-TOWN ROAD PROGRAM RESERVE 1,575,000 New line-reserve for next FY 01-410-75-00-7099 GRANDE RESERVE PERIMETER ROADS 4,000,000 FY 05:Kennedy Road 01-410-75-00-7102 TREE&STUMP REMOVAL 30,000 01-410-75-00-7103 SIDEWALK CONSTRUCTION 30,000 Sidewalks relating to In Town Road Program FOX HILL SSA EXPENSES 18,000 new line item for seasonal maintenance of SSA area TRANSFER TO WATER IMPROVEMENT 215,000 In Town Road Program-Proceeds received in Gen Fund,project costs also in Water Imp. _ -- 9 TOTAL EXPENSES:STREETS ! 9,459,954 Page 8 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS HEALTH &SANITATION EXPENSES 01-540-62-00-5442 •GARBAGE SERVICES 565,670 Increase in monthly charges Currently$14.26(FY 05/06$14.64) 01-540-62-00-5443 :LEAF PICKUP 5,500.Increase in dumping fees for leaf vacuum TOTAL EXPENSES: HEALTH&SANITATION 571,170 TOTAL GENERAL FUND REVENUES 18,008,036 TOTAL GENERAL FUND EXPENSES 18,008,036 FUND SURPLUS(DEFICIT) 0 Page 9 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 MFT Proposed ACCOUNT 12005-2006 NUMBER DESCRIPTION Budget COMMENTS REVENUES 15-000-40-00-3999 CARRY OVER BALANCE 475,000 Conservative amount of carry over budgeted-will revise after 04/05 audit(Nov) 15-000-40-00-4060 MOTOR FUEL TAX ALLOTMENTS 268,304 15-000-46-00-4600 ',INVESTMENT INCOME 5,000 TOTAL REVENUES:1 748,304', 15-000-65-00-5800 Countryside being constructed this FY-Reserve for FY 07/08 Game Farm/Somonauk CONTINGENCY 145,250 Project$500k 15-000-65-00-5818 SALT 51,800 15-000-75-00-7007 'SIGNS 9,990 15-000-75-00-7008 ;CRACK FILLING 30,000', 15-000-75-00-7107 CONSTRUCTION ENGINEERING 150,0001Game Farm/Somonauk Engineering 15-000-75-00-7108 'Van Emmon St. (Corp. limits to Rt.47) 0 Project completed in 04/05 15-000-75-00-7110 1COLD PATCH 9,600 15-000-75-00-7111 ;HOT PATCH 8,000 15-000-75-00-7112 FAXON RD ENG/CONSTRUCTION 1,000 Faxon Road Construction 'Countryside Parkway Construction 300,000 New line item(dollars were in reserve FY 04/05) 15-000-99-00-9960 TRANSFER TO FOX INDUSTRIAL 42,664 Funds obligated for debt service will revisit in Nov TOTAL EXPENSES:j 748,304 TOTAL FUND REVENUES 748,304 TOTAL FUND EXPENSES 748,304 FUND SURPLUS(DEFICIT) 0 Page 10 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 MUNICIPAL BUILDING Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION 'Budget COMMENTS REVENUES CARRY OVER 16-000-40-00-3999 CARRY OVER BALANCE 45,000'.Beecher parking lot will be completed in May of 2005 16-000-42-00-4211 DEVELOPMENT FEES-BUILDING 105,000 700 permits FY 05/06&1200 permits FY 06/07 @$150 Amount decreased because FY 04/05 included emergency generator and carpet for 16-000-49-00-4901 TRANSFER FROM GENERAL FUND 49,523 City Hall TOTAL REVENUES: 199,5231 16-000-62-00-5416 !MAINT-GENERAL BLDG &GROUNDS 8,0001Increase in overall maintenance 16-000-75-00-7008 ENTRY WAY SIGNS 3,600 16-000-75-00-7200 BLDG IMPROV- BEEHCER/RIVFRNT 13,000 water heater repair, HVAC general maintenance, misc building repairs 16-000-75-00-7203 BLDG IMPROVEMENTS-PUBLIC WORKS 10,000'Increase for soffet and facia work on existing building Amount decreased because FY 04/05 included emergency generator and carpet for 16-000-75-00-7204 BLDG MAINT-CITY HALL 10,0001 City Hall 16-000-75-00-7205 I BLDG IMPROVEMENTS-LIBRARY 4,000 16-000-75-00-7209 1BEECHER PARKING LOT 45,000 To be completed in May 05. 16-000-75-00-7206 LANDSCAPING-PUBLIC BUILDINGS 2,000 16-000-78-00-9009 RESERVE 0 'TRANSFER TO DEBT SERVICE 103,923'New Line-to fund City Hall Debt Service payment TOTAL EXPENSES: 199,523 TOTAL FUND REVENUES 199,523 TOTAL FUND EXPENSES 199,523'. FUND SURPLUS(DEFICIT) 0 Page 11 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 POLICE CAPITAL 1Proposed 2005-2006 ACCOUNT NUMBER 1 DESCRIPTION 1Budget COMMENTS REVENUES 04/05 Per Audit($42,190 Weather Warning Siren)05/06$70k all related to Warning 20-000-40-00 3999 CARRY OVER BALANCE 70,000 Sirens 20-000-42-00-4212 1 DEV FEES- POLICE 146,250105/06 425 permits @$150+275 permits @$300 20-000-44-00-4402 1K-9 DONATIONS 1,000 20-000-44-00-4403 IN CAR VIDEO DONATIONS 2,200110%increase 20-000-44-00-4404 DONATIONS 1 5001 20-000-44-00-4405 1 WEATHER WARNING SIREN 30,000 20-000-44-00-4431 'SALE OF POLICE SQUADS 500 20-000-48-00-4800 LOAN PROCEEDS 0 20-000-49-00-4901 (TRANSFER FROM GENERAL FUND 1 0' TOTAL REVENUES: 250,450, -- - - - EXPENSES 20-000-65-00-5811 LETHAL/NON-LETHAL WEAPONS 6,82515%increase 20-000-75-00-7001 1EQUIPMENT 0 I No new equipment for 2005/2006 20-000-75-00-7002 IK-9 EQUIPMENT I 1,000 20-000-75-00-7006 1CAR BUILD OUT 26,000 (1)new vehicle to add to the fleet for 2005/2006, 20-000-75-00-7008 ;NEW WEATHER WARNING SIRENS 60,000 (3)New Sirens 20-000-75-00-7005 1VEHICLES 74,0001(1)New Squad&(2)Replacement Squads 2005/2006 RESERVE-WEATHER WARNING SIREN 40,000 New Line reserve for next FY 20-000-78-00-9009 RESERVE 118,515. 20-000-99-00-9965 I TRANSFER TO DEBT SERV FUND I 24,110 TOTAL EXPENSES: 1 250,450 TOTAL FUND REVENUES , 250,450 TOTAL FUND EXPENSES 250,450 FUND SURPLUS (DEFICIT) 0 Page 12 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 PUBLIC WORKS CAPITAL Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS REVENUES 21-000-40-00-3999 CARRY OVER BALANCE 234,174 Carry over estimated based on current'04 balance FY 05:425 permits @$450+275 permits @$700//FY 06:720 21-000-42-00-4213 DEVELOPMENT FEES-PUBLIC WORKS 383,750 permits @$450+480 permits @$700 21-000-44-00-4430 'SALE OF EQUIPMENT 32,000',FY 05:'99 7YD dump w/accessories//FY 06: 3 trucks 21-000-49-00-4915 'TRANSFER FROM WATER FUND 50,000 21-000-49-00-4920 ;TRANSFER FROM SEWER FUND 30,000. TOTAL REVENUES: 729,924 EXPENSES FY 05:7 YD dump$95k,2 pick ups$90k, bucket truck$65k, 5 YD dump$80k+$18K Pickup+Engineer Truck(to be paid back thru Eng Capital Fees)//FY 06:2 new pick ups$33k,2 replacement trucks 21-000-75-00-7005 1VEHICLES 375,000'$95k, new&replacement 5 yd dump truck$185k 21-000-75-00-7015 ;SKID STEER UPGRADE 3,500 21-000-75-00-7107 TRUCK ACCESSORIES 14,000 outfitting more vehicles with tools and supplies 21-000-75-00-7108 'AUGER SYSTEM/SKIDSTEER GRADER 0 04-05 purchase 21-000-75-00-7120 'STREET SWEEPER 0 04-05 purchase 21-000-75-00-7130 PUBLIC WORKS BLDG ADDITION 77,424 used for salt dome SALT DOME 175,000needed for storage,will be placed at new parks facility 21-000-75-00-7109 ',MOWER 0'04-05 purchase EQUIPMENT 85,000 FY 05: Backhoe$85k//FY 06: Trailer$12k+End Loader$150k 21-000-78-00-9009 RESERVE 0 LEAF CHOPPERNAC 0 04-05 purchase TOTAL EXPENSES: 729,924 TOTAL FUND REVENUES 729,924, TOTAL FUND EXPENSES 729,924 FUND SURPLUS(DEFICIT) Page 13 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 PARKS & RECREATION CAPITAL Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS REVENUES 22-000-40-00-3999 I CARRY OVER 0 capital and asset replacement projects eliminated during budget meetings with 22-000-49-00-4930 ,TRANSFER FROM GENERAL FUND 0 department heads and mayor due to budget constraints. 22-000-49-00-4935 ;TRANSFER FROM LAND CASH H 01 22-000-42-00-4216 1 PARKS CAPITAL FEE 13,750!,FY 05/06 275 permits @$50 ,SALE OF VEHICLES/EQUIPMENT 10,000 22-000-42-00-4218 IL CLEAN ENERGY GRANT 0 TOTAL REVENUES: 23,750 EXPENSES PARKS CAPITAL OUTLAY proposed new and replacement trucks eilminiated during budget meetings due to 22-610-75-00-7006 PICK UP TRUCK Oloverall City budget constraints 22-610-75-00-7007 SOCCER GOALS 12' REPLACEMENT 0 22-610-75-00-7008 'SOCCER GOALS 9' REPLACEMENT 0.. scheduled Asset replacement of 2 computers-BR,KF,3 additions with new staff/ 22-610-75-00-7009 COMPUTER WORKSTATIONS 9,000;building, additional software upgrades 22-610-75-00-7011 [PLAYER BENCHES/UTILITY TRAILER 0 purchased in fy 2005 22-610-75-00-7012 IRIVERFRONT PLAYGROUND 0 pushed back to 2006-2007 to comply with Glen Palmer Dam construction Replacements and repairs of large equipment, Additional costs the results of 22-610-75-00-7013 PLAYGROUND REPLACEMENT 2,500!additional playgrounds 22-610-75-00-7014I SIGN REPLACEMENTS 4,000 i - - proposed scheduled asset replacement&two new mowers eliminated during budget 22-610-75-00-7015 MOWERS 0 meetings due to overall City budget constraints 22-610-75-00-7016 BEECHER PATHWAY O'completed 2-soccer goals, activity inflatable, preschool shed, carpet,office equipment, 22-610-75-00-7017 !RECREATION EQUIPMENT 6,600'computer station,desk, 22-610-65-00-5800 RESERVE 1,650' TOTAL EXPENSES: PARKS 23,750' TOTAL FUND REVENUES 23,750 TOTAL FUND EXPENSES 23,750 FUND SURPLUS(DEFICIT) 0 Page 14 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 SEWER IMPROVEMENT ---- ---- ---_ -__ - - - I Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS 37-000-40-00-3999 CARRY OVER BALANCE 3,720,000 FY 05/06 Countryside($3.15m), Bruell($570k) 37-000-42-00-4220 �CONNECTION FEES 1,260 000 FY 05/06 700 permits @$1800 --- --- --- - _ -. -_ -- -- -- - - - ----- 37-000-42-00-4221 RIVER CROSSING FEES J 20,000 37-000-48-00-4803 ROB ROY CREEK REVENUE '1O,0oO,O00° SOUTHWEST SERVICE AREA INTERCEPTOR 5,500 000j 37-000-49-00-4901 TRANSFER FROM GENERAL FUND 150,000 Required for SSES Loan Increase in Fund Balance due to bond proceeds&Project related funding 37-000-46-00-4600 INVESTMENT INCOME 35,000 +slight increase in interest rates TOTAL REVENUES: 20,685,000 EXPENSES 37-000-62-00-5401 CONTRACTUAL/PROFESSIONAL SERVICES 50,000 engineering for projects 37-000-62-00-5402 ENGINEERING/LEGAUCONTINGENCIES-COUNTRYSIDE 300,000[lift station engineering complete 37-000-62-00-5405 ENGINEERING/LEGAUCONTINGENCIES- BRUELL ST. 70,0001lift station engineering complete 37-000-62-00-5406 ENGINEERING/LEGAL/CONTINGENCIES- HYDRAULIC 01city portion of project complete 37-000-65-00-5421 GIS SYSTEM 10,000 phased implementation 37-000-65-00-5800 (CONTINGENCY 86,952 37-000-75-00-7502 1 HYDRAULIC INTERCEPTOR 0 city portion of project complete 37-000-75-00-7503 iCOUNTRYSIDE INTERCEPTOR 2,850,000 current project for this FY 37-000-75-00-7505 ROB ROY CREEK SANITARY 10,000,O66`,FY 05/06$3 million will carry to FY 06/07 SOUTHWEST SERVICE AREA INTERCEPTOR l 5,500,000 current project for this FY MANHOLE REHAB PROJECT 15,000 new project to assist with stopping inflow and infiltration 37-000-75-00-7515 HEARTLAND ONSITE INTERCEPTOR OVER SIZING 278,893 Per agreement 37-000-75-00-7504 BRUELL STREET LIFT STATION 500,000 portion of project completed last FY 37-000-75-00-7507 SANITARY JETTER TRUCK 0 purchased last FY iSCADA System _ 100 000}Installation for Sewer Facilities 37-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 i$150K required for SSES Loan 37-000-99-00-9965 TRANSFER TO DEBT SERVICE 724,1551Additional dollars due to debt service increase for last year's projects TOTAL EXPENSES: 20,685 000! TOTAL FUND REVENUES 20,685,0001 TOTAL FUND EXPENSES 20,685,000 FUND SURPLUS(DEFICIT) 01 Page 15 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 WATER IMPROVEMENT Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS REVENUES Carry over primarily due to Radium Compliance(TEPA or bond) 41-000-40-00-3999 CARRY OVER 4,700,000'funding in FY 04/05 Based on estimated residential permits(FY 05/06 425 permits @ 41-000-42-00-4220 (CONNECTION FEES 1,125,000 $800&275 permits @$2,660 SOUTHWEST WATER MAIN PROJECT REVENUE 2,600,000, 41-000-45-00-4530 RADIUM GRANT 0 Increase in Fund Balance due to bond proceeds&Project 41-000-46-00-4600 INVESTMENT INCOME 35,000 related funding+slight increase in interest rates 41-000-48-00-4801 ''EPA LOAN/CONTRACT B PROCEEDS 0 41-000-49-00-4915 I,TRANSFER FROM WATER FUND 0 (TRANSFER FROM GENERAL FUND 215,000 New line-To fund In-Town Road Program TOTAL REVENUES: ' 8,675,000'. EXPENSES 41-000-61-00-5300 LEGAL SERVICES 8,000 extra services may be needed for projects 41-000-61-00-5301 'ENGINEERING -GENERAL SERVICES 8,000',increase in engineers rates 41-000-61-00-5400 RADIUM COMPLIANCE PROJECT/CONTRACT B 3,662,730. 41-000-61-00-5401 ENGINEERING-RADIUM COMPLIANCE/CONTRACT B 425,000',portion needed for current FY 41-000-61-00-5405 PROFESSIONAL SERVICE RADIUM/CONTRACT B 250,000 portion needed for current FY 41-000-61-00-5408 CENTRAL ZONE-CONTRACT C WATER IMPRV 150,000 project nearing completion 41-000-61-00-5410 1ENGINEERING-CENTRAL ZONE-CONTRACT C 20,000 project nearing completion 41-000-61-00-5414 CONTRACT D-SCADA SYSTEM 100,000 New project for this FY 41-000-61-00-5415 USGS GROUNDWATER STUDY 24,490 1 Blackberry Creek flood study USGS GROUNDWATER STUDY COUNTYWIDE 13,000,Deep acquifer study USGS GROUNDWATER STUDY SHALLOW WATER 55,108 Shallow acquifer study 41-000-65-00-5421 GIS SYSTEM 10,000 phased project 41-000-65-00-5800 'CONTINGENCY 8,353 41-000-75-00-7503 SOUTHWEST WATER PROJECT 2,600,000'new project for this FY 41-000-75-00-7504 NORTH WATER TOWER-CONTRACT A 130,000 project nearing completion OVERSIZING- KYLYN'S CROSSING 38,877 This is the watermain recapture for Cannonball Estates Sub. 41-000-75-00-7515 JOHNSON STREET WATER MAIN 0 completed 1WATERMAIN PROJECTS 40,000 Orange/Olsen RADIO-READ METER RETRO-FITTING 0 Fox/Washington Watermain loop+Heustis Watermain ;IN TOWN ROAD PROGRAM WATER PROJECTS 215,000 Replacement SCADA System 420,0001 Installation for Water Facilities 41-000-99-00-9901 'TRANSFER TO GENERAL FUND 200,000 41-000-99-00-9965 ITRANSFER TO DEBT FUND 296,442' TOTAL EXPENSES: 8,675,000 Page 16 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 WATER IMPROVEMENT Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION Budget COMMENTS TOTAL FUND REVENUES 8,675,000 TOTAL FUND EXPENSES 8,675,000 FUND SURPLUS(DEFICIT) 0 Page 17 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 DEBT SERVICE Proposed 2005-2006 ACCOUNT NUMBER (DESCRIPTION 'Budget 'COMMENTS 42-000-40-00-3999 CARRY OVER 10,000 42-000-44-00-4440 RECAPTURE-WATER/SEWER 100,000; (TRANSFER FROM MUNICIPAL BLDG 103,923'New line-to fund City Hall Debt payments 42-000-49-00-4901 TRANSFER FROM GENERAL FUND 01 42-000-49-00-4910 ;TRANSFER FROM POLICE EQUIP CAP 24,110 42-000-49-00-4925 TRANSFER FROM SANITARY SEWER 646,213 FY 05/06$730,232 less 75%of recapture dollars 42-000-49-00-4930 ;TRANSFER FROM WATER IMPRV FUND 296,4421 FY 05/06$258,150 less 24%of recapture dollars TOTAL REVENUES: r 1,180,6881 EXPENSES 42-000-66-00-6001 CITY HALL BONDS-PRINCIPAL PMT 50,000 Due 1/1/2022 Munic Bldg 42-000-66-00-6002 1CITY HALL BONDS- INTEREST PMT 53,923 Due 1/1/2022 Munic Bldg 42-000-66-00-6003 IRBB-BRUELL STREET INTEREST PYMT 85,4351 Due 2/1/2023 Sewer Imp. 42-000-66-00-6004 1IRBB-BRUELL STREET PRINCIPAL PYMT 80,000,Due 2/1/2023 Sewer Imp. 42-000-66-00-6005 INORTH WATER TOWER-INTEREST PYMT 1,912Due 5/1/2021 Water Imp. 42-000-66-00-6006 NORTH WATER TOWER- PRIN PYMT 23,088 Due 5/1/2021 Water Imp. 42-000-66-00-6007 14.8 MILLION DEBT CERT INT PYMT(WATER) 233,1501 Due 12/15/2022 Water Imp. COUNTRYSIDE ALT REV PRINCIPAL PYMT 120,000 New line(1st principal payment)Due 2018 Sewer Imp. 42-000-66-00-6009 COUNTRYSIDE ALT REV INTEREST PYMT 120,638,Due 2018 Sewer Imp. 42-000-66-00-6010 COM ED/HYDRAULIC DEBT CERT. INT PYMT 43,128 Due 12/30/2014 Sewer Imp. ICOM ED/HYDRAULIC DEBT CERT. PRINC. 135,000 New line(1st principal payment)Due 12/30/2014 Sewer Imp. 42-000-66-00-6050 LOAN PAYMENT-SANITARY SIPHON 38,980 Due 1/25/13 Sewer Imp. 42-000-66-00-6054 ;LOAN PAYMENT-POLICE SQUAD CAR 24,110Due 7/15/05 Police 42-000-66-00-6055 LOAN PAYMENT-SSES IEPA L17-1153 107,051 1 Due 9/6/19 Sewer Imp. 42-000-66-00-6056 1YNB-POLICE/ADMIN CARS 0 Final pymt 5/1/04 $650K ROAD IMPROVEMENT PROG INT. 14,2731 New line -Due 12/30/2012 Water Imp.(due to portion of project H2O related) $650K ROAD IMPROVEMENT PROG PRINC 50,0001INew line -Due 12/30/2012 Water Imp.(due to portion of project H2O related) • TOTAL DEBT SERVICE 1,180,688• TOTAL FUND REVENUES 1,180,688 TOTAL FUND EXPENSES 1,180,688 FUND SURPLUS (DEFICIT) 0 Page 18 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 WATER OPERATIONS Proposed 2005-2006 ACCOUNT NUMBER :DESCRIPTION Budget COMMENTS REVENUES 51-000-40-00-3999 CARRY OVER BALANCE 1,500,000 51-000-42-00-4240 'BULK WATER SALES 10,000.Increased use of bulk water-currently at$10(Feb) 51-000-42-00-4241 'WATER SALES 900,000:FY 03/04 was$896k currently at 73%(Feb) 51-000-42-00-4242 I WATER METER SALES 130,000 51-000-42-00-4243 LEASE REVENUE- H2O TOWER 21,600 currently at$2,700 due to repayment of labor costs from developers for work 51-000-44-00-4490 MISCELLANEOUS INCOME 2,000'1 provided by city 51-000-46-00-4600 INVESTMENT INCOME 12,000ISlight increase in interest rate and fund balance TOTAL REVENUES: 2,575,600 EXPENSES FY 05/06 promotion mw Ito mw II+pt ub clerk(July)+mw II(Julie locator)split 51-000-50-00-5107 ,SALARIES-EMPLOYEE 264,873iw/sewer+1/2 receptionist(existing FT position) 51-000-50-00-5136 ISALARIES-PART TIME 8,20012 part time employees from june 1 through sept 51-000-50-00-5137 'SALARIES-OVERTIME 27,000' 51-000-61-00-5300 !LEGAL SERVICES 2,000' 51-000-61-00-5303 j JULIE SERVICE 6,800 increase in permits=increase in JULIE calls 51-000-62-00-5401 (CONTRACTUAL SERVICES 4,500 increase due to current usage figures 51-000-62-00-5408 ;MAINTENANCE-EQUIPMENT 9,000:with newer equipment, major repairs are less=decrease in line item 51-000-62-00-5409 MAINTENANCE-VEHICLES 7,000'.with newer equipment, major repairs are less=decrease in line item 51-000-62-00-5411 MAINTENANCE-COMPUTERS 1,000 no upgrades or planned maintenance at this time 51-000-62-00-5413 MAINTENANCE-CONTROL SYSTEM 10,000 with new well controls on line, mainly for routine maintenance 51-000-62-00-5421 WEARING APPAREL 5,500 51-000-62-00-5434 'RENTAL-EQUIPMENT 1,000'. 51-000-62-00-5435 ELECTRICITY 170,000'will have to adjust when treatment plant costs are known 51-000-62-00-5436 :TELEPHONE 22,600 new hard lines for new booster and wells 51-000-62-00-5438 CELLULAR TELEPHONE 5,700 51-000-64-00-5600 ;DUES 1,000 51-000-64-00-5603 SUBSCRIPTIONS 250 51-000-64-00-5604 'TRAINING&CONFERENCES 3,000;Eric National,Joe&Brian State, Department Local,day seminars 51-000-64-00-5605 :TRAVEL/MEALS/LODGING 3,000:Eric National,Joe&Brian State,Department Local,day seminars 51-000-65-00-5800 ';CONTINGENCIES 30,000 3%of day to day operating expenses per policy 51-000-65-00-5804 OPERATING SUPPLIES 46,200 51-000-65-00-5808 !POSTAGE &SHIPPING 1. 3,500 increase proposed by USPS 51-000-65-00-5809 1PRINTING ©ING 5,500 due to increase in customers 51-000-65-00-5810 !PUBLISHING &ADVERTISING 1,000' 51-000-65-00-5812 I GASOLINE 9,570 trying to cover the change in the market. May have to re-visit in November 51-000-65-00-5815 HAND TOOLS 1,000 Page 19 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 WATER OPERATIONS Proposed 2005-2006 ACCOUNT NUMBER DESCRIPTION Budget COMMENTS 51-000-65-00-5817 ;GRAVEL 5,000 51-000-65-00-5820 CHEMICALS 30,000 unknown until treatment plants are fully operational 51-000-65-00-5821 I CATHODIC PROTECTION 6,250 additional water towers 51-000-65-00-5822 !WATER SAMPLES 12,000 51-000-72-00-6500 IMRF PARTICIPANTS 24,354 51-000-72-00-6501 'SOCIAL SECURITY& MEDICARE 23,515 Increase due to 2 new hires 51-000-75-00-7002 !COMPUTER EQUIP&SOFTWARE 4,000 51-000-75-00-7004 !;SAFETY EQUIPMENT 2,000 51-000-75-00-7506 1 METER READERS 10,900 more meters to read, may need additional time 51-000-75-00-7507 HYDRANT REPLACEMENT 10,000 51-000-75-00-7508 'METERS &PARTS 262,500'1000 meters+5%increase in price 51-000-78-00-9005 REFUND 1,500' , 150,000 from EEI memo dated 8/15/03 includes electricity ;TRUCK LETTERING 0 51-000-62-00-5414 delete 51-000-62-00-5407 TREATMENT FACILITIES 0&M - - WATER TOWER PAINTING 220,000I' (RESERVE-H2O TOWER R MAINT. 43,200 51-000-78-00-9005 MERIT 7,3181 up to 4%merit as approved 51-000-78-00-9009 j RESERVE 853,8701,Decrease primarily due to water tower painting and O&M for treatment facilities 51-000-99-00-9901 'TRANSFER TO GENERAL FUND 200,000 51-000-99-00-9930 !TRANSFER TO WATER IMPRV FUND 0 51-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 50,000' TOTAL EXPENSES: 2,575,600 TOTAL FUND REVENUES 2,575,600': TOTAL FUND EXPENSES 2,575,6001, FUND SURPLUS (DEFICIT) 0 Page 20 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 SEWER MAINTENANCE Proposed !2005-2006 ACCOUNT NUMBER DESCRIPTION ,Budget COMMENTS REVENUES CARRY OVER/FUND BALANCE 450,000 LIFT STATION INCOME 8,000 New line for MPI lift station income 52-000-42-00-4250 SEWER MAINTENANCE FEES 355,000. 52-000-42-00-4251 1 SEWER CONNECTION FEES I 140,000 FY 05/06 700 permits FY 06/07 1200 permits @$200 52-000-46-00-4600 1 INVESTMENT INCOME 15,000'Increase due to slight increase in interest rate&fund balance TOTAL REVENUES: I 968,000 EXPENSES 52-000-50-00-5108 (SALARIES-REGULAR 137,555,1/2 julie locator MWII$17,500(May),MW I(Nov)+2.5 existing staff 52-000-50-00-5136 I PART TIME 5,000 52-000-50-00-5137 SALARIES-OVERTIME 12,000, 52-000-62-00-5401 ''CONTRACTUAL SERVICES 2,000 52-000-62-00-5408 MAINTENANCE-EQUIPMENT 5,000new equipment has allowed us to decrease this line item 52-000-62-00-5409 MAINTENANCE-VEHICLES 3,000 with newer equipment,allows us to decrease for routine maintenance 52-000-62-00-5419 ;MAINTENANCE-SANITARY SEWER 25,000 combined with operating supplies 52-000-62-00-5421 I WEARING APPAREL 4,500 52-000-62-00-5422 LIFT STATION MAINTENANCE 25,000 increase number of lift stations,started motor rotation program 52-000-62-00-5434 j RENTAL-EQUIPMENT 1,000 52-000-62-00-5435 'ELECTRICITY 16,500 approx true cost,always in with pumping costs 52-000-62-00-5438 CELLULAR TELEPHONE 2,500 52-000-64-00-5604 !TRAINING&CONFERENCES 1,500 1 national conference,State Training,local seminars 52-000-64-00-5605 !TRAVEL/MEALS/LODGING 1,500 Separated from Training 52-000-65-00-5800 ;CONTINGENCIES 9,300 3%of day to day operating expenses per policy 52-000-65-00-5802 OFFICE SUPPLIES 2,000 52-000-65-00-5804 (OPERATING SUPPLIES 0:combine with maintenance sanitary sewer 52-000-65-00-5805 'SHOP SUPPLIES 2,500 52-000-65-00-5812 GASOLINE 10,5001 increase in costs and number of vehicles 52-000-65-00-5815 !HAND TOOLS 1,000' 52-000-65-00-5817 GRAVEL 2,000 52-000-65-00-5823 ;SEWER CHEMICALS 5,000'using new methods that are less expensive but more effective 52-000-72-00-6500 IMRF PARTICIPANTS 12,475,Due to decrease in IMRF rate 52-000-72-00-6501 1 SOCIAL SECURITY&MEDICARE 12,1061 Increase due to new hires 52-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 2,500 no new work stations planned 52-000-75-00-7003 'OFFICE EQUIPMENT 6,000 new work station,2 flat files,and file cabinets 52-000-75-00-7004 SAFETY EQUIPMENT 2,000' 52-000-78-00-9005 :MERIT 3,6951 up to 4%merit as approved 52-000-78-00-9009 1RESERVE 554,8691 Reserve for SSES Phase II Analysis 52-000-99-00-9901 TRANSFER TO GENERAL FUND 1 70,000' 52-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 30,000 TOTAL EXPENSES: ' 968,000 TOTAL FUND REVENUES 968,000 TOTAL FUND EXPENSES 968,0001 FUND SURPLUS(DEFICIT) 0 Page 21 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 LAND CASH Proposed ACCOUNT 12005-2006 NUMBER DESCRIPTION Budget COMMENTS REVENUES 72-000-40-00-3999 1CARRY OVER/STARTING BALANCE 650,00.0' 72-000-40-00-4700 I LAND CASH -OTHER 0 72-000-47-00-4701 IGREENBRIAR-LAND CASH 15,498 21 duplex @$738 each 72-000-47-00-4705 '1 COUNTRY HILLS-LAND CASH 30,468'2005-28 single fam @$429,24 Duplex @ 769;2006-20 single fam and 10 duplex 72-000-47-00-4707 (FOX HIGHLANDS-LAND CASH 72-000-47-00-4708 FOX HIGHLANDS DUPLEX LAND CASH 0 72-000-47-00-4709 (SUNFLOWER-LAND CASH 9,0252005-25 @$361;2006-15 @$361 72-000-47-00-4712 (RIVER'S EDGE-LAND CASH 1 26,840 2005-40 @$671;2006-20 @$671 72-000-47-00-4716 !WHITE OAK UNIT 3&4-LAND CASH 0 72-000-47-00-4717 1 KYLYN S CROSSING- LAND CASH 7,06519 @$785 72-000-47-00-4719 IWILDWOOD-LAND CASH 72-000-47-00-4720 I HEARTLAND-LAND CASH 0 41,550 2005-50 @$831;2006-10 @$831 72-000-47-00-4722 �KYLN'S RIDGE-LAND CASH 72-000-47-00-4723 1HEARTLAND CIRCLE-LAND CASH 75,000 2005-75 @$1,000;2006-75@$1,000 72-000-47-00-4724 ,THE HIGHLANDS-RAINTREE VILLAGE 1 29,000 50,0001 developer owes per annexiation for tot lot 72-000-47 00-4725 '�WINDETTE RIDGE-LAND CASH - — - 72-000-47-00-4727 I G RAND RESERVE-LAND CASH290,000 Developer is constructing and improving parks+bike trails RING MEADOWS (Kimball Hill) 10,620' 72-000-47-00-4731 iMONTALBANO HOMES LAND CASH 10,620110 townhouses @$1,062 Longford Lakes ,2005-25 @$709.41;2006-50 @ 709.41 PRAIRIE MEADOWS-(Menards Res.) 72-000-47 00-473 WHISPE 72-000-47-00-4735 I 7,672 Caledonia2005-10 @ 767.23;2006-45 @ 767.23 2005-30 single fam @ 597.56, 30 town homes @ 351.35;2006-50 single fam, and Autumn Creek 314,065'150 town homes PREPAID I 41,3401 Corner Stone Wynstone Townhomes 24,216 Villas at the Preserve72$39 2005-1/2 due at final plat;2006-per permit 2005-Cannonball Ridge Park;2006-Whispering Meadows or Heartland Circle+ 72-000-47-00-4700 IIOSLAD GRANT 320,000',Grande Reserve 100k TOTAL CONTRIBUTIONS 2,032,933 _ - i EXPENSES 72-000-75-00-7201 IRIVERFRONT EQUIP IMPROVEMENT 72-000-75-00-7300 !GREENBRIAR 1 20,000 72-000-75-00-7302 COUNTRY HILLS 72-000-75-00-7304 I SU N F LOW E R 145,000 72-000-75-00-7307 1 RIVERS EDGE/Rice Park 0, ---- --- _ - - - _ . Rivers Edge Park#II 50,0001 Page 22 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 LAND CASH Proposed ACCOUNT 2005-2006 NUMBER 'DESCRIPTION Budget COMMENTS 72-000-75-00-7311 'CANNONBALL ESTATES/KYLYNS 229,000''OSLAD$120k($11K to GF Transfer) 72-000-75-00-7317 HEARTLAND CIRCLE 6,000 72-000-75-00-7324 !TOWN SQUARE 10,000 72-000-78-00-9009 !RESERVE 419,4331 FY 05/06($12,500 to GF Transfer) 72-000-75-00-7327 GRANDE RESERVE PARK DEVELOPMENT 465,500 FY 05/06 Bike Path$200k($24,500 to GF Transfer) 72-000-75-00-7328 'PRAIRIE MEADOWS-(Menards Res.) 70,000' 72-000-75-00-7329 ELSIE LOUISE GILBERT PARK 0 Parks Maintenance Facility 500,000 Windett Ridge 65,000 72-000-75-00-7330 !WHISPERING MEADOWS-(Kimball Hill) 5,000 72-000-99-00-9955 TRANSFER TO PARKS/REC CAP FUND 0 ,TRANSFER TO GENERAL FUND 48,000 To fund 80%of Park Designer 72-000-99-00-9970 ;TRANSFER TO LAND ACQUISITION 0 TOTAL EXPENSES: 2,032,933' TOTAL FUND REVENUES 2,032,933 TOTAL FUND EXPENSES 2,032,933' FUND SURPLUS (DEFICIT) 0 Page 23 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 LAND ACQUISITION 'Proposed 2005-2006 ACCOUNT NUMBER 1DESCRIPTION Budget COMMENTS REVENUES 73-000-40-00-3999 CARRY OVER BALANCE 1 214,078 73-000-40-00-4930 COLT FUNDING 0' 73-000-49-00-4935 IITRANSFER FROM LAND CASH 0 TOTAL REVENUES: 214,078 EXPENSES 73-000-65-00-5800 CONTINGENCY 214,078 TOTAL EXPENSES: 214,078 TOTAL FUND REVENUES 214,078 TOTAL FUND EXPENSES 214,0781 FUND SURPLUS(DEFICIT) 0 Page 24 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 PARKS & RECREATION Proposed 2005-2006 ACCOUNT NUMBER 'DESCRIPTION 1Budget COMMENTS REVENUES 79-000-40-00-3999 CARRY OVER BALANCE 0 Not currently budgeted-will revise after 04/05 audit(Nov) 79-000-42-00-4270 1FEES FOR PROGRAMS 176,825 includes farmers market and increased because of additional programs 79-000-42-00-4280 (CONCESSIONS 10,500! 79-000-42-00-4281 i BEECHER BLDG DEPOSIT 4,500 This is a variable pending on Beecher availability 79-000-42-00-4282 FARMERS MARKET 0 Combined with program fees/2005$1200;2006$1500 79-000-42-00-4285 VENDING MACHINE INCOME 650 79-000-42-00-4286 RENTAL INCOME 4,000 79-000-42-00-4287 RENTAL INCOME(SHELTERS) 1,0001addition of large shelter at riverfront available 79-000-42-00-4288 GOLF OUTING REVENUE 38,000 79-000-44-00-4400 'DONATIONS 15,000 1 additional revenue through donations and sponsorships 79-000-44-00-4404 ;TREE DONATIONS 500 reduced to be inline with actual participation 79-000-45-00-4550 YOUTH SERVICES GRANT 2,000 Grant amount reduced 79-000-46-00-4600 INVESTMENT INCOME 1,500' 79-000-49-00-4901 IITRANSFER FROM GENERAL FUND 928,567'New staff in FY 2004-05,additional operational and program expenses TOTAL REVENUES: ' 1,183,042 PARKS EXPENSES Full year of new hires from 2004-2005, Proposed promotion of Foreman to 79-610-50-00-5107 SALARIES-EMPLOYEES 312,678'Superintendent of Parks level;and one MWII promoted to operator position. 79-610-50-00-5136 1SALARIES- PART-TIME 45,000 79-610-50-00-5137 SALARIES -OVERTIME 8,000, 'If new planning tech is hired no external expense, If this is not completed there will 79-610-61-00-5320 MASTER PLAN 0.need to be an addition of$10,000 for Master Plan update. 79-610-62-00-5405 PARK CONTRACTUAL 12,000'additional parks-spot weeding,fertilizing, sealcoating 79-610-62-00-5408 MAINTENANCE-EQUIPMENT 6,000;additional equipment as a result of new employees in 04-05 79-610-62-00-5417 MAINTENANCE-PARKS 32,000150 new acres to maintain in 05-06 79-610-62-00-542179-610-62-00-5421WEARING APPAREL 8,0001'additional 3 full time employees and seasonal staff and maintenance staff 79-610-62-00-5434 RENTAL-EQUIPMENT 1,700 additional needs as a result of new park and public work acreage 79-610-62-00-5438 CELLULAR TELEPHONE 5,750 full year impact as a result of 3 new parks employees and equipment replacement reduced due to overall budget constraints of the City as determined during budget 79-610-62-00-5440 LAND DEVELOPER 10,0001review. 79-610-62-00-5445 'LEGAL EXPENSES 10,000 increase due to park related legal for policy reviews,ordinances, land agreements PARKS EXPENSES 2005-(three new employees)7 for IPRA,2 for NRPA,2 local seminars; increase due to 3 additional staff and 2 staff needing re-certification in Playground safety 79-610-64-00-5602 PROFESSIONAL GROWTH/SUBSCRPT 4,500 standards. NRPA congress, Completition of year two for park foremanc for NRPA Management school. Increase as a result of 2 staff for NRPA and 1 staff to 79-610-64-00-5605 TRAVEL, EXPENSE 3,0001 management school.(increase in registration fees for NRPA) Page 25 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 PARKS & RECREATION t Proposed 12005-2006 ACCOUNT NUMBER 'DESCRIPTION 'Budget COMMENTS 2005-SS NRPA Maintenance Management, Becon Ballfield, Misc tech training, 79-610-64-00-5612 CONTINUING EDUCATION 4,200 NRPA Playground certification for 2 staff; 79-610-65-00-55802_ OFFICE SUPPLIES —__ 1,500FImpact needed to outfit new parks building in 2006 79-610-65-00-5804 OPERATING SUPPLIES 25,000'50 acres of new parks and open space to maintain during FY 05- 06 79-610-65-00-5812 GASOLINE 3,500 increase as a result of gasoline costs 79-610-65-00-5815 HAND TOOLS 3,000 Additional staff and responsibility 79-610-65-00-5824 CHRISTMAS DECORATIONS 7,000[new and replacement of ecora ions 79-610-65-00-5825 PUBLIC DECORATION 3,000jnew and replacement _ _ 79-610-72-00-6500 IMRF PARTICIPANTS 26,702 L_ 79-610-72-00-6501 [SOCIAL SECURITY/MEDICARE 28 5371Increase primarily due to full year on 04/05 new hires — - — — Additional cost required to outfit new building with desks,tables,chairs,copier, 79-610-75-00-7003 OFFICE EQUIPMENT 27,0001computers,work stations,etc. 79-610-75-00-7701 FLOWERS/TREES 6,500 additional open space and parks to maintain 79-610-78-00-9005 MERIT 7,3591 up to 4%merit as approved - -- TOTAL EXPENSES: PARKS _ 601,9271 RECREATION EXPENSES -- -- -- New PT Receptionist(Nov 1)position,and promotions for 2 office staff-one o 79-650-50-00-5107 5150 SALARIES-INSTRUCTOR OR CONTRACTUAL 88 000,supeearof and one l general support —_ SALARIES 260 6961 79-650-50-00- -full year of preschool instructors costs and additional programs offered 79-650-50-00-5155 SALARIES-RECORDING SECRETARY 5,000 salary adjustment based on clerk's recommendation and full year of meetings 79-650-50-00-5108 CONCESSION STAFF 3,600 elimination of concession stand manager position --------- Concession stand, riverfront building, Beecher community center, misc school 79-650-62-00-5408 MAINTENANCE SUPPLIES 8,000'cleaning as a result of use,etc 79-650-62-00-5409 MAINTENANCE-VEHICLES 1,200 maintenance of two vehicles 79-650-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 5,500[additional copier and computer work stations to maintain 79-650-62-00-5426 YOUTH SERVICES GRANT EXPENSES 2,000!available grant amount available reduce 79-650-62-00-5437 TELEPHONE/INTERNET 1,400 VPN, Comcast,office phones — -, 1$500 per person Approximate-full year of new recreation coordinator and 79-650-62-00-5438 CELLULAR TELEPHONE 4,5001 preschool coordinator 79-650-62-00-5445 PORTABLE TOILETS 4,500[additional sites based on park use and programs _—.—_- ---- ---- ---- --- 79-650-62-00-5603 PUBLISHING/ADVERTISING 25,200 RECREATION EXPENSES — 79-650-62-00-5605 BOOKS/PUBLICATIONS 7501 -- 79-650-62-00-5606 BEECHER DEPOSIT REFUND 79-650-64-00-5600 DUES 2,700 --- INCLUDES CONTINUING EDUCATION ALSO SS IPRA-Professional Development School(year 2),6 staff for IPRA State 79-650-64-00-5602 PROFESSIONAL GROWTH/SUBSCRIPT 7,500 Conference,2 staff for NRPA,2 local seminars,2 class for MS Management 79-650-64-00-5605 TRAVEL EXPENSE 2,500 ----- 79-650-65-00-5802 OFFICE SUPPLIES 6,600 increased based on use and additional staff. Increase in cost of paper 79-650-65-00-5803 PROGRAM EXPENSES 39,185 Page 1b or it) UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 PARKS & RECREATION Proposed 2005-2006 ACCOUNT NUMBER !DESCRIPTION Budget COMMENTS 79-650-65-00-5804 (OPERATING SUPPLIES 4,000',impact as a result of additional staff,full service preschool operations, basketballs, soccer balls, portable bb goals,tball tees,camp equipment, pre 79-650-65-00-5805 RECREATION EQUIPMENT 3,5001school equipment, ball cage,tumbing mats, chairs,tables, postage increase from.37 to.41, increase cost for bulk rate of catalog and 79-650-65-00-5808 ',POSTAGE &SHIPPING 6,500 additional quanity distribution to new residents 79-650-65-00-5812 IGASOLINE 1,600 impact as a result of gasoline prices 79-650-65-00-5826 MILEAGE 750. 79-650-65-00-5827 'GOLF OUTING EXPENSES 20,000, 79-650-65-00-5828 I CONCESSIONS 5,000 reduced to be more inline with actual operation 79-650-65-00-5840 ,SCHOLARSHIPS 1,500 79-650-65-00-5841 PROGRAM REFUND 6,500 79-650-72-00-6500 ,(MRF PARTICIPANTS 21,754'Increase primarily due to full year on 04/05 new hires 79-650-72-00-6501 'SOCIAL SECURITY/MEDICARE 24,132 79-650-75-00-7002 ;COMPUTER EQUIP&SOFTWARE 6,500 Computer software upgrades, computer repairs, maintenance,tech support 79-650-78-00-9005 MERIT 6,549(up to 4%merit as approved TOTAL EXPENSES: RECREATION 581,115 TOTAL FUND REVENUES 1,183,042'. TOTAL FUND EXPENSES 1,183,042'. FUND SURPLUS(DEFICIT) 0 Page 27 of 30 , UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 LIBRARY Proposed ACCOUNT 12005-2006 NUMBER DESCRIPTION Budget COMMENTS REVENUES Approved budget through Library Board 82-000-40-00-3999 [CARRY OVER 75,916 82-000-40-00-3996 'CARRY OVER- BOOK DEV FEES 57,736 82-000-40-00-3997 CARRY OVER BLDG DEV FEES 31,6951 82-000-40-00-3998 I CARRY OVER-MEMORIALS 5,362 82-000-40-00-4015 TRANSFER FROM GENERAL FUND 31,500 82-000-40-00-4000 [REAL ESTATE TAXES 370,500 82-000-40-00-4010 1 PERSONAL PROPERTY TAX 2,500 82-000-42-00-4211 DEVELOPMENT FEES- BUILDING 121,875 82-000-42-00-4215 [DEVELOPMENT FEES-BOOKS 121,875, 82-000-42-00-4260 COPY FEES 900' 82-000-42-00-4261 LIBRARY SUBSCRIPTION CARDS 8,000'. 82-000-42-00-4286 ,RENTAL INCOME 1,000 82-000-43-00-4330 'LIBRARY FINES 3,000', 82-000-44-00-4432 (SALE OF BOOKS 500 82-000-44-00-4450 I MEMORIALS 1,000 [GRANTS 1,000!New Line item 82.000-45-00-4560 ,LIBRARY PER CAPITA GRANT 7,700 82-000-46-00-4600 (INVESTMENT INCOME 1,500 82-000-46-00-4601 ,INVESTMENT INCOME-BLDG 1,250 TOTAL REVENUES:N 844,809 EXPENSES 82-000-50-00-5107 ,SALARIES-EMPLOYEES 300,000, 82-000-50-00-5203 1GROUP HEALTH INSURANCE 45,000 82-000-50-00-5204 1 GROUP LIFE INSURANCE 1,500 82-000-50-00-5205 ,DENTAL&VISION ASSISTANCE 4,000 2,000!, 82-000-61-00-5322 BONDING 82-000-61-00-5323 ATTORNEY 2,000 82-000-62-00-5401 [CONTRACT SERVICES 3,000 82-000-62-00-5407 MAINTENANCE-BLDG/JANITORIAL 5,000 82-000-62-00-5410 ,MAINTENANCE-OFFICE EQUIPMENT 3,000 82-000-62-00-5412 MAINTENANCE-PHOTOCOPIER 500 82-000-62-00-5435 [ELECTRICITY 2,500 82-000-62-00-5436 'TELEPHONE 1,700 82-000-64-00-5603 [SUBSCRIPTIONS 4,0001 82-000-64-00-5604 !TRAINING &CONFERENCES 1,500( 82-000-64-00-5607 PUBLIC RELATIONS1,000[ 82-000-64-00-5616 EMPLOYEE RECOGNITION 2,0001 Page 28 of 30 111911.1F UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 LIBRARY Proposed ACCOUNT 2005-2006 NUMBER DESCRIPTION !Budget ',COMMENTS 82-000-65-00-5800 I CONTINGENCIES 14,616'Includes 3%of operating expenses per policy 82-000-65-00-5806 {LIBRARY SUPPLIES 8,000' 82-000-65-00-5807 CUSTODIAL SUPPLIES 6,000 82-000-65-00-5802 ';OFFICE SUPPLIES 3,000'New line item 82-000-65-00-5808 ',POSTAGE&SHIPPING 1,000. 82-000-65-00-5810 ,PUBLISHING &ADVERTISING 1,000!. 82-000-65-00-5826 I MILEAGE I 1,000' 82-000-65-00-5832 VIDEOS 5,000 82-000-65-00-5833 ;ALARM MONITORING 1,000' 82-000-65-00-5834 ILIBRARY PROGRAMMING 9,500 82-000-65-00-5835 ILIBRARY BOARD EXPENSES 500 82-000-65-00-5836 BOOKS-ADULT 9,000 82-000-65-00-5837 ;BOOKS-JUVENILE 9,000 82-000-65-00-5838 BOOKS-AUDIO 9,000' 82-000-65-00-5839 I BOOKS-REFERENCE ' 9,000' 82-000-65-00-5840 'BOOKS-DEVELOPMENT FEE 179,611 Ar000-65-00-5841 I M EMORIALS/GIFTS 6,362! 82-000-65-00-5842 IBLDG-DEVELOPMENT FEES 153,570 82-000-72-00-6501 'SOCIAL SECURTY/MEDICARE 22,950 82-000-75-00-7003 I AUTOMATION 8,000' TOTAL EXPENSES: I 844,809' TOTAL FUND REVENUES 844,809' TOTAL FUND EXPENSES 844,809 FUND SURPLUS(DEFICIT) 0 Page 29 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET FY 2005-2006 FOX INDUSTRIAL Proposed ACCOUNT 2005-2006 NUMBER IDESCRIPTION Budget COMMENTS REVENUES 34,000 Not currently budgeted-will revise after 04/0.5 audit(Nov) 85-000-40-00-3999 CARRY OVER BALANCE 85-000-40-00-4090 TIF REVENUES 85-000-46-00-4600 INVESTMENT INCOME 1,00011 85-000-49-00-4905 TRANSFER FROM MFT FUND 42,664 To cover costs of debt service should TIF revenues remain constant-will revisit in Nov TOTAL REVENUES: 77,664 EXPENSES 85-000-66-00-6021 FOX IND BOND-PRINCIPAL PMT 55,000 Due 12/1/2012 85-000-66-00-6022 !FOX IND BOND-INT PAYMENT 1 22,450 Due 12/1/2012 85-000-78-00-9007 ,ADMINISTRATION FEES 214 85-000-78-00-9010 RESERVE- FUTURE BOND PYMT 0 TOTAL EXPENSES:I 77,664 TOTAL FUND REVENUES 77,664 TOTAL FUND EXPENSES 77,664 ,FUND SURPLUS(DEFICIT) 0 Page 30 of 30