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City Council Packet 2005 10-11-05
4,0 C/rr °k United City of Yorkville 800 Game Farm Road EST. 1sss` Yorkville, Illinois 60560 tel � % �� I Telephone: 630-553-4350 Itanaoll e Fax: 630-553-7575 1/4CE \v\' AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM REVISED 10/11/05 Tuesday, October 11, 2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, November 7, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, October 20, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, November 3, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, October 13, 2005 City Hall Conference Room Presentations: 1. Presentation of Character Counts Plaques City Council Meeting Agenda October 11, 2005 Page 2 Public Hearings: 1. Rob Roy Creek Alternate Revenue Bonds BINA Hearing Citizen Comments: Consent Agenda 1. Police Reports for August 2005 2. Trick or Treat Hours—Monday, October 31, 2005 from 4-7 p.m. 3. Ordinance Approving Variances for Rear and Front Yard Setbacks for 507 W. Ridge Street- authorize Mayor and City Clerk to execute 4. Rob Roy Creek Interceptor Contract No. 4 - ComEd Easement Agreement - authorize payment in an amount not to exceed$15,500 5. SBC T-1 Line Agreement- authorize finance director to execute 6. Protect Kendall Now Initiative Agreement between The Conservation Foundation and the United City of Yorkville - authorize payment in an amount not to exceed$5,000 for July 1, 2005 through June 30, 2006, authorize payment in an amount not to exceed$5,000 for July 1, 2006 through June 30, 2007 and authorize Mayor and City Clerk to execute Plan Commission/ Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—None Minutes of Committee of the Whole—None Bill payments for approval from the current BM List (Corrections and Additions): Checks total these amounts: $ 1,023,173.09 (vendors) $ 173,274.37 (payroll period ending 9/17/05) $ 1,196,447.46 (total) Reports: Mayor's Report: 1. Character Counts Week Proclamation 2. Make a Difference Day Proclamation 3. Appointment to Human Resource Commission 4. Coffee with the Mayor: October 15`h at Grande Reserve Club House, 2855 Grande Trail from 10:00 a.m. until Noon City Council Meeting Agenda October 11, 2005 Page 3 Mayor's Report(con't): 5. Beecher Building Use a. Agreement with Senior Services Associates b. Agreement with Salvation Army Golden Diner's Nutrition Program c. Agreement with Community Nutrition Network and Senior Services Association of Cook County d. Agreement with Parkview Christian Academy e. Agreement for Kramer Building Office Space 6. Ehler's and Associates, Inc. Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process in the amount of$40,000 including expenses City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks &Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. Resolution Approving the Final Plat of Subdivision for Swanson Lane Estates 2. Bailey Meadows a. Ordinance Annexing b. Ordinance Rezoning 3. Pulte/Del Webb Property North of ComEd Right of Way a. Ordinance Annexing b. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. City Council Meeting Agenda October 11, 2005 Page 4 Additional Business: Executive Session: 1. 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. 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 2005— 2006 PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Munns Planning& Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLIC SAFETY ----------------------------------- Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie City Council Meeting Agenda October 11, 2005 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 (con't) ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd AD-HOC: TECHNOLOGY; Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer c ti 73 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE APPROVING VARIANCE FOR REAR YARD SETBACK AND FOR FRONT YARD SETBACK FOR THE RESIDENCE LOCATED AT 507 WEST RIDGE STREET WHEREAS, Albert and Kimberly Kolkmeyer("Petitioners") filed ZBA Petition 2005-41 requesting a variance for rear yard setback and front yard setback for the single family residence located at 507 W. Ridge Street which is more specifically described in the attached Exhibit"A"; and WHEREAS, the Petitioners plan 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 on September 8, 2005 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 variances 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 Petitioners; 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 Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit"A": 1. Rear Yard Setback: Paragraph 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 feet (17'). 2. Front Yard Setback: Paragraph 10-6C-4A of the United City of Yorkville Zoning Code is hereby varied to permit the front yard set back of the single family residence to be eighteen feet (18'). 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 BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i Your gateway to _� � - data and voice , - L access F !i. k '°,'3 r rtX r T _ Yyio ,max x Issues Affecting City of °- Yorkville 1 - Our Recommendation 2 q,,. Summary Pricing 4 '. Our Added Value t Your Account Team 6 City of Yorkville's Quote Details 7 Michael Tousey 2000 W.SBC Center Drive TSE 4B21F Hoffman Estates,IL 60196 Phone:847-248-7180 eapcy Email:mt6974@sbc.com October 5, 2005, 2005, 2005 Ron Robinson City of Yorkville 800 Game Farm Rd Yorkville, IL 60560 Dear Ron Robinson: Every day, local government agencies are expected to do more with less. With fewer staff members and shrinking budgets, it's a challenge to keep up with demands—reducing taxes, maintaining safety, improving the quality of life. You play a critical role in the community, and staying connected is vital. You need a telecommunications and data provider that you can trust. The SBC family of companies is ready to help City of Yorkville gain and maintain access to vital information and communication resources. We propose Frame Relay Total Connections Router PAK 1721 1.5 Mbps, an access technology that routes data through a network of shared switches and transmission paths. SBC PremierSERV Dedicated Internet Access from SBC Internet Services provides: ♦ Support-Our service engineers are on call at any time to resolve technical issues. We provide continuous and proactive monitoring of all aspects of our network to prevent congestion, circuit failures, and downtime. ♦ Accountability -We provide service when and where your needs dictate. In the event there's a network outage, our technicians will rectify the problem. ♦ Flexibility - You have a wide variety of data transport solutions to choose from when you subscribe to our DIA. ♦ Reliability -We own and operate the local transport lines, which significantly reduces downtime, maximizes throughput and ensures network integrity. ♦ Quality -We provide service backed up by the resources and experience of one of the largest and most admired companies in the industry. To ensure our recommendation makes good business sense, you may need to consider a few more details. You also need to take a close look at the total cost. Your one-time installation charge is$0.00. You'll also pay a flat monthly fee of$550.00. For additional pricing information, please refer to the attachments section. If you like what you read in this proposal, we can iron out the details over the phone next week. If not, I will be happy to meet with you at your convenience to respond to your concerns. Sincerely, Michael Tousey TSE - t Your gateway to = data and voice v M1 access Issues Affecting City of Yorkville Local Government agencies like City of Yorkville faces three issues common to Local Government that will influence your telecommunications decisions: • Information Accessibility—Governmental entities will increasingly be challenged to keep up with the latest communications technologies— tools for providing current, accurate, and easily accessible information—that ensure equal opportunities for all citizens. • Community Improvement—Government entities are facing the challenge of using new telecommunications tools and information technologies to strengthen communities, improve the delivery of public services, promote public safety, and to enhance health, education, and Testimonial culture. "It's challenging to keep • Information Security—Spending on communication security products up with today's ever- changing technology.I and administration personnel will become a vital issue for needed a secure, high governmental agencies that put increasing amounts of information on speed network access computer networks and the Internet. solution for my business, but didn't have the time or the resources to build it Goals you want to accomplish in-house.Now, my employees have instant You told us that City of Yorkvillewants to gain and maintain access to vital access to the web.And we information and communication resources. Specifically, you want to: have a network that we can rely upon. SBC is a • Lower administrative costs by using telecommunications technology to true one-stop shop. They automate records processing and information distribution take care of our network so that we can take care of our business." • Convey information to the public through electronic media, freeing workers for other, less routine tasks Chief Information Officer • Reach more citizens and offer more information and resources through web and electronic media. The SBC solution addresses your key issues and supports your long-and short-term goals. In the next section, we describe the solution, tell how it works, and define its key benefits.Then we summarize its cost. PROPRIETARY: Not to be disclosed or reproduced without written permission. 1 4(1;..!,41111/190..) -Tv Your gateway to -3 _ data and voice ` _ � access Our Recommendation We recommend that City of Yorkville use Frame Relay Total Connections Router PAK 1721 1.5 Mbps' to improve your access to reliable information and communication resources. Receive a high-speed turnkey solution with SBC's DIA Router Package The SBC PremierSERV SM Dedicated Internet Access (DIA)Router Package is a turnkey solution that offers Internet access, transport to our Internet point-of-presence, a choice of a Cisco 1721 or Cisco 2611 router, and a comprehensive maintenance package. Transport is provided over Frame Relay with speeds that range from 56 Kbps to 1.536 Mbps. You'll also receive the following: • Domain name registration • Proactive Network Monitoring 24x7 • Internet Port set-up • On-site maintenance 24 x 7 • IP address allocation and assignment • Installation,Project coordination How does it work? A dedicated Internet connection gives you access to the Internet.The access speed ranges from 56 Kbps to 622 Mbps. High speeds, or bandwidth, let your business handle specialized applications and a large number of users. We offer many access options to meet your needs: ISDN, Frame Relay, ATM, DS 1, DS3, SONET, burstable-, and tier Point-to-Point connections. SBC PremierSERV Dedicated Internet Access service is provided by SBC Internet Services. PROPRIETARY:Not to be disclosed or reproduced without written permission. 2 c_r_jokjiri Your gateway to data and voice access We also offer value packages that may include routers and other enhanced services. Our Dedicated Enhance Service Center staff monitors SBC Real-life Applications PremierSERV SM Dedicated Internet Access services 24 X 7. • LAN Access What will it do for me? • Web Hosting SBC PremierSERV Dedicated Internet Access from SBC Internet Services • Email provides: • File Transfer • Support-Our service engineers are on call at any time to resolve • Internet Security technical issues. We provide continuous and proactive monitoring of • Research all aspects of our network to prevent congestion,circuit failures, and downtime. Whether you're big or small, • Accountability -We provide service when and where your needs dictate. local, regional, national or In the event there's a network outage, our technicians will rectify the global,you can run your problem. business better with a fast, reliable secure Internet • Flexibility - You have a wide variety of data transport solutions to connection. You get the choose from when you subscribe to our DIA. network integrity and reliability needed in every • Reliability -We own and operate the local transport lines, which facet of your business: sales, research and significantly reduces downtime, maximizes throughput and ensures development, strategy, network integrity. finance,procurement, customer care. • Quality-We provide service backed up by the resources and experience of one of the largest and most admired companies in the industry. How much does it cost? The following table identifies the pricing components. PROPRIETARY:wRY: Nw to be ermi disclosed or 1 reproduced without written permission. 3 f Your gateway to data and voice access i Summary Pricing Our recommendation offers a complete solution from the SBC family of companies, an established provider with the knowledge, experience, and financial stability to do the job right. The following table identifies the incremental and total costs of our integrated solution for City of Yorkville. Product Quantity Monthly One-Time Charge Charge Frame Relay Total 1 $425.00 $0.00 Connections Router PAK 1721 1.5 Mbps Total $425.00 $0.00 For detailed pricing information please refer to the quote tables located in the appendix of this proposal. PROPRIETARY: Not to be disclosed or reproduced without written permission. 4 (411Fa2d/ rr 'nom 2 . 9 h Your gateway to 9 _ data and voice access - Our Added Value On the preceding page, we described Frame Relay Total Connections Router PAK 1721 1.5 Mbps, one of the SBC family of companies' extensive set of integrated telecommunications solutions. Our solution improves your network's transmission capacity, reliability, and cost efficiency. But for these benefits to be truly valuable, they must be cost-effective. You've seen the cost of Frame Relay Total Connections Router PAK 1721 1.5 Mbps. Our prices for an access technology compare favorably with those of any brand-name provider. With Frame Relay Total Connections Router PAK 1721 1.5 Mbps,you'll expand your access to more locations and resources, while keeping network costs manageable. Plus, you'll receive unmatched value: • Stability—For more than 115 years, we have led the industry in providing affordable and reliable service. With this kind of experience and financial strength, you know that we are here to stay. • Expertise—We stay on top of changes in the industry, and prepare our people to meet the challenges brought on by the relentlessly evolving technology of our age. • Service—We know what's important: getting your order right, installing your service right the first time, and being right there when you need us. We give you an account team that learns your business and explores every avenue to meet your needs. Let us put these assets to work for you today. PROPRIETARY: be disclosed or reproduced withouttwritten ten permission. 5 1•C x r per a=te + ` _ -`� - - Your gateway to data and voice �_ _ access Your Account Team The table below lists information about the City of Yorkville account team. Call any of us when you have a question or problem. City of Yorkville Account Team Michael Tousey TSE 847-248-7180 41"1---) (7:000/-111.111Agr° PROPRIETARY: Not to be disclosed or reproduced without written permission. 6 City of Yorkville's Quote Details October 5, 2005, 2005 Prepared by: Michael Tousey mt6974@sbc.com 847-248-7180 Please Note: *Price quote is valid for 30 calendar days from issue date,except for promotional offerings. *Price quote is based on current rates. Rates are subject to change. *Price quote is for services only and does not include any applicable taxes or surcharges. *Actual Volume Discounts could be greater or less due to aggregation of eligible charges. *Construction charges may apply to services at,or above,the DS3 level of bandwidth. *NOTE:This quote includes the associated alarm circuit and is for budgetary purposes only.It does not gurantee that the distance between the locations provides an acceptable level of dB loss that would allow OPT-E-MANSM service to be installed.A full qualification assessment made by Network via the ICBPS process will be conducted and final pricing will be provided at that time. Solution Overview Site Service Bandwidth Term MRC NRC City of Yorkville at Frame Relay Total Connections 630-553-8571 Router PAK 1721 1.5 Mbps 1,536 kbps 36 $425.00 $0.00 Summary Pricing MRC NRC Price Before Discount $425.00 $0.00 Promo Discount $0.00(0)% $0.00(0)% ICB Discount $0.00 $0.00 Discounted Price $425.00 $0.00 Pricing Service Quantity MRC NRC DNS - 3 Complimentary 1 $0.00 $0.00 Free SLA w/Online Credit Requests 1 $0.00 $0.00 Free News Feed 1 $0.00 $0.00 Free Traffic Reporting 1 $0.00 $0.00 Frame Relay Total Connections Router 1 $425.00 $0.00 PAK 1721 1.5 Mbps PROPRIETARY:wRY:Nw to be disclosed io . reproduced without written permission. 7 Liat Agreement for SBC PremierSERVSM Dedicated Internet Access(DIA) This Agreement between SBC Internet Services, Inc.(referred to herein as"SBC Internet Services"or"SBCIS") and City of Yorkville("Customer"), is effective on the date of last execution. Execution of this Agreement is conditioned on SBCIS'approval of Customer's credit.SBCIS reserves the right to reject this Agreement or require a deposit based on Customer's credit. Installation Site: City of Yorkville 800 Game Farm Rd Yorkville,IL 60560 Essential-Router PAK Quantity Monthly Charge Installation Charge Contract Term:36 Months Essential-Router PAK Frame Relay(*1.536 Mbps) 1 425 0 Cisco 1721 1 0 0 Domain Name Service p 0 Email Boxes(30 Complimentary) p 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O p 0 0 O p 0 0 Payment for Services Total Initial Charges Due $0.00 Total Monthly Charges Due $425.00 Estimated Service Activation Date:6-8 Weeks from Contract Signature Date Service Demark to customer is:Router Ethernet Connection Price Quote(s)contained on this page are valid until 11/14/2005 SBC Address(for Notice Purposes):SBC Internet Services,P.O.Box 941127, Plano,TX 75094-1127 Customer Support Telephone Number:1-866-937-3664 Governing Law State:Illinois The SBC PremierSERVSM Dedicated Internet Access Service Terms and Conditions(Version 4.1)are available online at http://dedicated.sbcis.sbc.com/NDWS/sbc_policy/terms.jsp,and are incorporated herein by reference. CUSTOMER SBC INTERNET SERVICES,INC. (Signature) (Signature) Name: Name: Titlo: Title: Date: Date: MSOT Id:42317-54496 CONFIDENTIAL INFORMATION ECATS No.:null This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. Agreement SBCIS_PremierServ_DIA_4.1 3/10/05 RD2138 Rev.112013 1(_,,,juBt. 0 SBC Business Credit Application Lease 0 SBC Datacom & E-Services Credit Verification SBC Capital Services (Data&Voice CPE,Circuits(Frame,ATM),DIA,Webhosting,MNRAS,VPN,etc) 2000 W. Ameritech Center Dr, Loc 4C01 2000 Ameritech Center Dr, Loc 4A65 Hoffman Estates, IL 60196 Hoffman Estates, IL 60196 Phone (800) 733-1481 Fax (847) 248-2870 Fax(800) 332-2916 Sales Representative Sales Representative return/fax# - - Dated: / / Equipment Supplier Lease Structure Company Name Purchase Option(Check one:) 0 Fair Market Value(FMV) 0 One Dollar 0 Other Telephone Number Fax Number Term of lease(in Months) Amount of each payment • Sales Representative Lease Rate Factor Anticipated Installation Date Equipment Type Equipment Cost P.O.N. Region Shipping Equipment Contact Credit information Customer full legal name(AS REGISTERED WITH STATE) Doing Business as(if applicable) Telephone Number Fax Number ' S• tate of Formation Federal Employer Identification Number Contact Name E-Mail Address Headquarters Address ' C• ity State Zip County Equipment Location(if different from above) City State Zip County Check one U Corporation U Sole Proprietorship L) Partnership Li Not for profit LI Muni LJ Other Tax Exempt? LJ No Number of Employees BTN If Applicable 0 Yes(attach certificate) Date established under current ownership Estimated Annual Sales Type of Business Duns Number SIC Bank Reference Bank Name Account Numbers Contact Name Telephone Number Bank Name Account Numbers Contact Name Telephone Number Credit Trade Reference Company Name Address Telephone Number Account Number Contact Name Company Name Address Telephone Number Account Number ' C• ontact Name Company Name Address Telephone Number Account Number ' C• ontact Name Credit Based On Owner? Yes L1 No U Owner information (New Business, less than 24 months, will require personal guaranty for a lease) Principal#1 Title Home Address City State Zip Ownership% Social Security Number Principal#2 Title Home Address City State 7 Zip Ownership% Social Security Number I hereby authorize our banks,trade references and financial institutions to release credit information to SBC and further authorize SBC to obtain other credit information,including consumer credit bureau reports for individuals responsible for the business'debt(such as sole proprietors of a small business and any general partner of a partnership)and to release same to other institutions for credit evaluation purposes.I further certify the information provided in this application to be true and correct to the best of my knowledge. I guarantee the payment of any sums due or that may become due as a result SBC or affiliated company extending credit pursuant to this credit application. This guaranty shall remain in effect until the entire obligation that is guaranteed hereby is fully discharged. of this credit application. Signature: Date: / / Credit Criteria Amounts over$5,000 may require financial statements. Credit approval expires 120 days from the date of this application. Rcv.10/20)3 The Federal Equal Credit Opportunity Act prohibits creditor from discriminating against applicants on the basis of race,color,religion,national origin,sex,marital status,age or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.If your application for credit is denied,you can request a statement of the specific reasons for the denial within 60 days of being notified of the denial by calling the specific regional phone number listed at the top of this application.The federal agency that administers compliance with this law is the Federal Trade Commission,Equal Credit Opportunity,Washington,DC 20560. Internal a cry = _ _ _. Date Received: / / Date Completed / / Approved? ❑Yes 0 No 0 Pending Deposit Amount$ Amount paid $ Credit Analyst/Admin Mgmt Approval(if applicable) mac d •dth Utilization Report sample :I__19itt„ -Frend FZ. pcir-t ivicfie toy Ti r,y,oa ,%.y a -. AlkAlH IlL I10II 11I1111 11111 I '1111 i 1 1 1 ii Is Viit1111 111 `, ,-,..". ..,,,,,' •;'''' .--,'-' ._..,. ---- ....- .., ....., Tim.. c>rrt: 04/0 1/2005 01-00 A.N1 '1 n--1 .t.p.m 1 1\ 14" 1 C i - 'C ,s�v Cir 2o United City of Yorkville Memo J �' '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 � Telephone: hone: 630-553-4350 6� L! p Fax: 630-553-7575 Date: October 7, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Senior Services Move, 5 Agreements You will find attached the five agreements that make up the collective"move" of Senior Services,to wit: Senior Services Agreement to Use Beecher Community Building Salvation Army Use Agreement Community Nutrition Network Use Agreement Parkview Christian Academy Agreement Kramer Office Building Agreement Note that the SSA agreement and the Salvation Army and CNN agreements "work together". Betty Shoenholtz has explained that SSA welcomes the position as building coordinator. I am waiting for any last minute comments on all of the agreements, but expect that they will have no changes, or only minor changes. All parties have expressed agreement and/or reviewed the drafts, but I'm allowing that they may have minor comments at the end. I'll advise the City Council on Tuesday if any changes come through DRAFT 10.6.05 (°"eted :929.05 ) PREMISES USE AGREEMENT SENIOR SERVICES ASSOCIATES USE OF A PORTION OF THE BEECHER COMMUNITY BUILDING UNITED CITY OF YORKVILLE,ILLINOIS WHEREAS, Senior Services Associates(hereinafter referred to as"SSA")is an organization dedicated to providing programs,services and activities to senior citizens of the UNITED CITY OF YORKVILLE(hereinafter referred to as"City")and surrounding areas,and WHEREAS, SSA is uniquely qualified to provide such services to this very important segment of the City's population,and WHEREAS, SSA has demonstrated a long standing dedication to this segment of the population by providing such services for 22 years,and WHEREAS, SSA,after 5 years at the same location,has found a need to obtain new space to provide its programs an services,and WHEREAS,the City,recognizing the unique and valuable position that SSA holds in the community,and desiring that these programs,services and activities be continued for the benefit of the community,has considered entering into a Use Agreement with SSA for use of certain space in the Beecher Community Building under the specific terms and conditions found in this agreement,and WHEREAS, the City has determined that the Beecher Community Building is a logical and suitable site for SSA to conduct it programs pursuant to the further agreements set forth herein,and WHEREAS, SSA agrees that the available space at the Beecher Community Building is suitable and appropriate for its needs and agrees to the further agreements concerning the building set forth herein. IT IS AGREED,upon the mutual considerations self evident within this agreement, that the City shall hereby make the Beecher Community Building available to SSA for its programs and services under the terms and conditions as contained herein,to wit: 1. PREMISES: SSA shall have primary priority use of the Beecher Community Building subject only to the additional users and uses set forth below including honoring the"Memorandum of Agreement"(and any and all renewals of the Memorandum of Agreement"upon similar terms and conditions)for both the Salvation Army and Community Nutrition Network(CNN). Copies of both agreements are attached hereto and incorporated herein. SSA agrees that it shall act as manager/coordinator of the interior of the building(excluding the parking area and grounds)scheduling and administrating the building for the following users,(and other users if mutually agreeable between the City and SSA): A. ,Community Organizations Users,including but not limited to Boy Scouts,Cub - Deleted:Current Scouts,Lions Club,Junior Women's Club,Retired teachers Association,and others --[Deleted:, and individuals or organizations that may seekpe use of the Beecher Community Building __-- Deleted:have consistently relied on ) for its programs and/or meetings.Any and all typical and customary fees paid by the Community Organizations for use of the building shall be paid to the City. SSA may charge a fee for supplies of routine cleaning required by the Community Organization Users. B. Salvation Army consistent with its,agreement for use of the Building, -_-- Deleted:prior '(Deleted:. ) C. Community Nutrition Network("CNN") for its uses in providing nutrition programs. 2. MAINTENANCE RESPONSIBILITIES: A. SSA shall be solely responsible for interior cleaning and janitorial services as well as quarterly floor cleaning,at its sole cost. City will assist in providing these services to SSA, if requested,and SSA will then reimburse City for the City's actual costs. SSA may also seek assistance and reimbursement from Salvation Army and CNN in regard to the areas occupied by those services. SSA may also seek assistance and reimbursement from Community Organizations Users if their use gives creates unique and excessive cleaning needs. B. City shall be solely responsible for all structural and mechanical repairs and maintenance including for illustration HVAC,plumbing, electricity, and roof. City shall be solely responsible for all exterior maintenance and repair of the building,grounds and parking lot. 3. COSTS: A. Each party shall be responsible for the costs of its respective Maintenance Responsibilities under Section 2,above,including but not limited to wages/salary, material and supplies and contractual services as applicable. B. SSA shall additionally be financial responsible for the following: 1. Natural Gas,phones and computers,quarterly floor care,carpet (including removal at termination of the use),signs. 2. Monthly payment to the City in an amount of$ 1,000 which is to provide for: defrayment of the cost of the move of current city staff and programs, capital fund HVAC and other major maintenance and repairs, 4. ROOM ALLOCATION/STORAGE: General allocation of the Building for ongoing use shall begin as set forth below,subject to agreement between SSA and Salvation Army and/or CNN. SSA understands that the Beecher Community Building has very limited storage space which must also be shared. Subject to any subsequent agreement that SSA may make with Salvation Army or CNN,the initial allocation of rooms and storage shall be as follows: Office Space: SSA: Dailey Room—office(desks,phone line etc.) Salvation Army: Small East Storage Room—office(desk, file cabinet,phone line) CNN: Austin Room West Office—office(desk,phone line,etc.) Storage Space: SSA: • Dailey Room cabinets • - -{Formatted:Bullets and Numbering • Large storage room(south wall, and west wall) Salvation Army: • East Electrical room shelves(nothing is to be on the floor in the Electrical room • - -{Formatted:Bullets and Numbering J or in the way of the panels,per Building Codes) • Small storage room (old Recreation Office) CNN: • Austin Room east storage cabinets(all 4 sections) • - -{Formatted:Bullets and Numbering Community Organizations: Formatted:Bullets and Numbering • Currently the Lions Club and Boy Scout Troop 40 have storage on the north wall Deleted: SSA Storage Areas: Office Area(daily room).former parks and recreation office,large general T.__ storeroom(small portion allocated to SSA shall not make any structural improvements(including storage cabinets)unless Salvation Army),and the Perkins Room (shared with Salvation Arinv).. agreed upon by the City and its Park Board prior to beginning such improvements. All improvements should be done with the common interest and use of the building,or area Salvation Army Storage Areas: Perkins(room shared with SSA). in mind. Said improvements will become a part of the building,owned by the City, and a small portion ot'the large general shall be surrendered without compensation upon the termination of the lease regardless of storage area,two storage areas in Austin Room,electrical storeroom otI Perkins the reason for termination. Room,kitchen and kitchen storage (shared with CNN)!!! 11 5. TERM OF THIS AGREEMENT: This agreement shall have a term of 5 years CNN Storage Areas: Austin commencing on November 1,2005 and concluding on November 30,2010. Room,two storage areas in Austin Room (shared with Salvation Army),kitchen storage(shared with Salvation Ann).¶ 6. ACKNOWLEDGEMENT OF CITY PARK USES AND LIBRARY CONSTRUCTION: SSA acknowledges and understands that the grounds and parking areas are used by the City and its Park and Recreation Department for various programs and events as well as by the general public. SSA agrees that it accepts this condition and will not interfere with the City and Park Departments use of the grounds and parking,and furthermore acknowledges and agrees that parking congestion my occur from time to time when the park area is being used for programs and events including but not limited to youth sports,football games,and festivals. SSA understands that the adjacent Library will be reconstructed and expanded beginning as early as 2006,and accepts the limitations and inconveniences that may result from that construction project. 7. INSURANCE: SSA shall maintain general liability insurance under its name,and name the City as an additional insured on said policy of insurance;the terms and limits of the policy must by agreeable and agreed upon by the City Director of Finance. 8. HOLD HARMLESS AND INDEMNIFICATION: The City shall indemnify and hold the School harmless for any and all claims and causes of action that arise during the course of facility use by the City,or City employees,agents,or Departments,thereof. " Deleted: 9. SIGNS: SSA shall be allowed to place a sign,or signs,upon the Beecher Community Building or in front of the Beecher Community Building. Said signs shall be in number, location,size and character solely upon the Agreement of the Executive Director of Parks and Recreation,and all signs shall conform to the City's sign ordinance. 10. COMPLIANCE WITH ALL LAWS AND REGULATIONS: SSA shall conduct their activities and uses of the premises, and maintain the premises at all times in keeping with all applicable laws and regulations including but not limited to the Health Regulation regarding the preparation of food and use of the kitchen area. SSA, in its capacity of building manager shall have oversight authority to insist that Salvation Army and CNN comply with the same rules and regulations. 11. NOTICES: All notices shall be given by hand delivery to the other party at the Beecher Community Building(for SSA)and to City Hall(for the City). This agreement made on October , 2005 SENIOR SERVICES ASSOCIATES By: Its: Attest: By: Its: UNITED CITY OF YORVILLE Arthur F.Prochaska,Jr.,Mayor Attest: Jackie Milschewski,City Clerk E{Vic), "� k�. DRAFT 10.06.05 --- Deleted:930.05 SUBJECT TO REVISION TO CONFORM WITH MEMORANDUM OF AGREEMENT SSA AGREEMENT BETWEEN THE SALVATION ARMY GOLDEN DINER'S NUTRITION PROGRAM AND THE UNITED CITY OF YORKVILLE Agreement is made this,lst day of1November,2004 by and between THE SALVATION -- Deleted: _ ARMY GOLDEN DINERS NUTRITION PROGRAM,having its offices at 1031 East State • Deleted: Street,Geneva,Illinois 60134,herein after designated as the"PROGRAM"and THE UNITED Deleted: CITY OF YORKVILLE,908 Game Farm Road,Yorkville,Illinois 60560,hereinafter designated as the"CITY". In consideration of the mutual promises and covenants herein, the CITY and the PROGRAM agree as follows: 1. RENTAL FEE: CITY agrees to provide space to the PROGRAM which shall include kitchen,the Austin Room including dining area,table and chairs,and office space for a fee of $83.00 per month. CITY further agrees to allow PROGRAM employees and agents access to washroom facilities and ingress and egress to and from space provided. 2. AGREEMENT TERMS: The terms of this Agreement shall commence this lscday of __- Deleted: November,2005Land shall terminate the 31sttday of October,2006,or pursuant to the provision _- Deleted: of paragraph 6 of this Agreement. • Deli; ' Deleted: 3. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the preparing Deleted: and servingof Congregateineals to senior citizens and for the purpose of educational and recreational programs to such senior citizens. PROGRAM reserves the right to refuse service to Deleted: • \ Deleted:of any individual. Deleted:hot 4. HOURS OF AGREEMENT: The Austin Room shall be made available to PROGRAM during the hours of 7:00 a.m.to 2:30 p.m.,Monday through and including Friday. The kitchen will be made available to PROGRAM during the hours of 7:00 a.m.to 2:30 p.m., Monday through and including Friday. The above facilities,as well as remaining areas of the building may be used by PROGRAM at the approval of Senior Services Associates,the Beecher Building Coordinator,so long as it does not interfere with the scheduled use of other programs renting or using the facility. Those dates and areas must be submitted in advance writing to the Senior Services Associates. 5. ALLOCATION OF OFFICE AND STORAGE: The PROGRAM will abide by designation set in this Agreement,regarding the use of storage facilities acknowledging other groups,program needs and available space. The south two shelves in the storage room and the - Deleted:. Three sections in the storage north set of shelves will be reserved for the PROGRAM*� for theie the GRin Room will tibwill reserved "V for PROGRAM. One section will be available for other community groups. r the Office: Small East Storage Room—office(desk,file cabinet,phone line) The west M,ioffit will be reserved anfoffice PROGRAM,it shall be used as office and storage. Storage: •- --(Formatted:Tabs: 2.6r,Left • East Electrical room shelves(nothing is to be on the floor in the Electrical room or in the • ---{Formatted:Bullets and Numbering way of the panels,per Building Codes) • Small storage room (old Recreation Office) Kitchen: Kitchen to be shared with Community Nutrition Network It must have all kitchen supplies and other matters removed in accordance to Chapter 3 - Cautions Against Fires. The electrical room may have shelves on the east and south wall. Moveable racks must remain three feet from all electrical panels,per code 310.3. In addition, limited storage is provided at the Parks Maintenance Building,which the PROGRAM will annually evaluate and clean out. f. TERMINATION OF AGREEMENT: It is agreed that this Agreement is for a period - Deleted:tl of one(1)year. It is further agreed that this Agreement may be terminated upon thirty(30)days tl written notice either by the PROGRAM or the CITY. Senior Services Associates shall be copied on all notices. 7. MAINTENANCE REPAIRS AND UTILITIES: It is mutually agreed upon that the PROGRAM shall be responsible for a portion of the maintenance costs,at a rate of$20.00 per month,due the 1st of each month. It is also agreed that the CITY shall be responsible for all costs of repairs both structural and non-structural and utility costs, except as to appliances, fixtures,or personal property owned, leased or controlled by the PROGRAM which shall be the sole responsibility of the PROGRAM.To defray the long term cost of repair and maintenance PROGARM shall pay the sum of$83.00 per month to the City,also due the lst of each month. The PROGRAM shall be responsible for cleaning up the areas used by it after its use. 8. PERSONAL PROPERTY: It is mutually agreed that a written inventory be taken of any items or equipment belonging to the PROGRAM and shall remain the property of the PROGRAM and may not be removed by the CITY upon termination of the Agreement. Only items or equipment belonging to the PROGRAM may be removed upon said termination by the PROGRAM. 9. INSURANCE: This PROGRAM covenants and agrees to protect and save harmless the CITY from any and all claims for injuries to persons or property by reason of any accident or happening which was due to the fault of the PROGRAM, its employees or agents. The PROGRAM agrees to obtain public liability insurance in the amount of$1,000,000.00(see attachments)and provide a certificate of insurance naming both the City and Senior Services Associates as additional insureds. 10. SIGNS: PROGRAM may place upon the premises at its own expense both exterior and interior signs on the building with the prior authority of the CITY provided however,that the PROGRAM shall not cause damage to the premises or the building and such signs shall be in compliance with alt governmental regulations including City Ordinances. No sign shall be permanent or left in place longer than one week. 11. COUNTY HEALTH REGULATIONS: It is agreed the CITY will insure that the facilities are kept up to the standards set by the County Health and Safety Regulations including slip retardant surfaces on all applicable indoor and outdoor walkways and stairs,zoning,heating, ventilation,water supply,sewage and waste. Provide professional pest control services. The CITY shall provide the PROGRAM with copies of Health Inspections, Sanitation Inspection and Fire Inspections. 12. INSPECTIONS: The PROGRAM agrees to abide by all reports and standards set by the United City of Yorkville Building Code and Ordinances. The United City of Yorkville Page 3 ,13. SENIOR SERVICES ASSOCIATES and CNN: Salvation Army acknowledges that _ _-- Deleted:13.The building in which our Site operates is regularly inspected by the Senior Services Associates(SSA)is the coordinating agency for the Beecher Community local authorities! DRAFT 10.06.05 AGREEMENT BETWEEN COMMUNITY NUTRITION NETWORK AND SENIOR SERVICES ASSOCIATIO OF COOK COUNTY and UNITED CITY OF YORKVILLE This agreement is made November 1,2005 between the Community Nutrition Network and - Deleted:October Senior Services Association of Cook County,and the United City of Yorkville,partially funded by the Northeastern Illinois Area Agency on Aging and authorized by Title III-C of the Older Americans Act,to insure the operation of a senior luncheon program. Therefore, in consideration of the mutual promises and covenants herein,the above parties agree to the following: SECTION I The United City of Yorkville agrees to: 1. Provide space in the Beecher Community Building located at 908 Game Farm Road, Yorkville,Illinois 60560,to operate the CNN senior luncheon program. This space will include: a kitchen and a dining area with tables and chairs,storage space as specified by need,and the use of the parking lot for loading and unloading food and supplies. Office and Storage Space shall be initially allocated as follows: Office: Austin Room West Office—office(desk, phone line,etc.) • Storage: Austin Room east storage cabinets(all 4 sections) - Formatted:Bullets and Numbering • __-- Deleted:41 2. Lunch will be served in the dining room,Monday through Friday at 11:30 a.m. CNN will need access to the kitchen and dining area between 7:00 a.m. and 12:45 p.m., Monday through Friday. 3. CNN sites shall be closed on the following approved holidays: New Year's Day, Memorial Day,Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. Additional days may be declared by either agency and will be submitted to each agency's authorized representatives at the earliest possible time. 4. If the facility requires use of the above-mentioned area during the above hours, they will provide Community Nutrition Network with ten(10)days notice. SECTION II The Community Nutrition Network(CNN)agrees to: 1. Operate a senior nutrition luncheon which will provide one meal per day(see Section I for days and hours of site operations)through the Title III-C-I Congregate Meals and the 1 Tile III C-2 Home Delivered Meals program at the facility known as Beecher Community Building to senior citizens sixty years of age and older and their spouses regardless of age. 2. Provide for the operation of the senior luncheon program under the direction of staff to include one(1)Site Manager,one(1)Food Service Aide and two(2)drivers. 3. Be responsible for supervision of the Senior Nutrition luncheon staff. This responsibility is vested in CNN and will conform to the lines of authority as established by the CNN Governing Board of Directors. 4. Retain full liability for the action and welfare of staff,volunteers and participants and will maintain adequate insurance as required by the Northeastern Illinois Area Agency on Aging for both personal and property liability in conjunction with the luncheon Program. The United City of Yorkville will not assume,nor be responsible for,any costs incurred in property damages or personal liability involved in the operation of the program on their premises,with the exception of any liability caused by either negligence or failure to comply with the contents of this Agreement. 5. Reserve space on the CNN Nutrition Site Council for a facility representative, if desired. 6. Obtain Health and Fire Department permits through required inspections to be completed at least annually or more if required by local authorities(currently,all permits are required by December 31). In addition,CNN will comply with all Federal,State and local laws in the provision of services. SECTION III Public Information The facility agrees to include in all public information dealing with the senior meals program,a statement indicating that CNN is the provider of the Congregate Meals and Home Delivered Meals program in the Beecher Community Building. CNN receives funding from the Title III-C of the Older Americans Act and the Illinois Department on Aging through the Northeastern Illinois Area Agency on Aging. In addition, the facility agrees to disseminate any additional information regarding CNN's program that may be beneficial for senior citizens. SECTION IV Length of this Agreement I This agreement is effective,'lovember 1,2005. Any change or termination of this Agreement ----[Deleted:October must be made in writing with 60 days notice. Official communication between parties must be in writing with authorized signatures between the Chief Executive Officer of CNN and the United City of Yorkville. CNN's ability to participate in any agreement, including continuation 2 of this contract,depends on funds received from the Northeastern Illinois Area Agency on Aging. SECTION V Senior Services Associates and Salvation Army CNN acknowledges that Senior Services Associates(SSA)is the coordinating agency for the Beecher Community Building,and will defer to and abide by SSA for space utilization and all other issues concerning the building,use and this agreement.CNN also acknowledges that it will share the Kitchen area and possibly other areas with Salvation Army,and that SSA shall have full authority to direct the shared arrangement. -{Formatted:Font:Bold,Underline Chief Executive Officer Mayor, United City of Yorkville Community Nutrition Network and senior Services Association of Cook County Date Date IN WITNESS WHEREOF, the parties hereto have executed THIS AGREEMENT as of the date first written above. Witness Witness 3 /1, 10W � r)cL, DRAFT 10.06.05, --- {Deleted:930.85 COOPERATION AGREEMENT OF THE YORKVILLE PARKS&RECREATION DEPARTMENT AND THE PARKVIEW CHRISTIAN ACADEMY This document pertains to the use of the gymnasium/stage/multi-purpose room/lunch room/playground at Parkview Christian Academy with the following agreement: FACILITY USAGE 1. The Yorkville Parks&Recreation Department agrees to compensation for use of the facility and grounds as described herein. The Recreation department shall be allowed to conduct its authorized recreational activities during the non-school hours when the facility is not required for school use. The Recreation Department shall also be entitled to reasonable modes of ingress and egress to and from the facility and to the use of the School's parking facilities and playground facilities during those times when it uses the facility. 2. To facilitate the scheduling of the multi-purpose room/gymnasium/playground,the Recreation Department will submit a schedule as soon as possible seasonably, Summer,Fall, Winter, Spring.. 3. The Parkview Christian Academy School Board reserves the right to act as the final authority in determining the use of the Facility where controversial issues are involved when it deems the action to be in the best interest of the School. 4. The Yorkville Parks&Recreation Department will have access to the multi-purpose room/gymnasium/playground by use of two keys and instruction of an alarm system if appropriate. The Department will be responsible for securing the school properly upon leaving. If appropriate, the back entrance will be the place of entering and exiting. 5. It will be the responsibility of the Recreation Department to leave the facility in the same condition as they received it. 6. No Parks and Recreation programs will be held on Sundays. 7. Participants will remain in the room of the event, leaving only to use the rest rooms. No one will enter any other rooms in the school building. Park Department provide sufficient supervision to keep participants within the program parameters. Parkview Christian Academy phones are not available for general use."On gym floor"participants must wear ONLY gym shoes that have not been worn out side. Chairs and tables may be used in the gym only with permission of School Administrator. No food or drinks are to be in the gym. OPERATIONAL COSTS 1 1. Fees for Use. The Yorkville Parks&Recreation Department agrees to pay an annual fee of $15,000 for use of the multi-purpose room/gymnasium/playground,payable in four equal payments,one each at the end of each season(Summer,Fall,Winter,Spring).The Yorkville Parks&Recreation Department anticipates use of up to 20 hours per week for 50 weeks each which at$15.00 per hour equals$15,000 per year. 2. Maintenance/Repair. The Yorkville Parks&Recreation Department other than normal wear and tear,agrees to reimburse for damages that may occur as a result of use by the Recreation Department programs. The School representative shall notify in writing,the Recreation Department Superintendent within 24 hours of any problems. 3. Hold Harmless and Indemnification. The City shall indemnify and hold the School and all owners of the school and school property harmless for any and all claims and causes of action that arise during the course of facility use by the City,or City employees,agents,or Departments,thereof. 4. Insurance. The City shall provide a certificate of insurance naming the School and all owners of the School as additional insured on the City's general liability insurance coverages If said insurance is ever found to be inapplicable,or if City should change coverages,City shall provide additional insurance similar to that currently held on other City owned facilities. TERM OF AGREEMENT 1. Term. The parties to this Agreement understand and agree that the Agreement shall commence on November 1, 2005 the day and year first written above and shall continue in effect for a period of five years. 12. Termination. Either party may terminate this Agreement upor,90 days prior written notice --{Deleted: twelve months to the other to provide for completion of pending scheduled programs and uses. 3. Binding Upon Successors. This Agreement shall be binding upon the successors and assigns of the parties hereto. 4. No Alterations. The City shall not make structural improvements,changes,or alterations to the facility without first obtaining the written consent of the School and Building Owners. 5. Integration Of All Terms Into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments,additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the School. 6. Scout Programs.This Agreement is contingent upon the placement of the Scout Programs presently using the school building. 2 Parkview Christian Academy -_-{Deleted:Park Board President School Board President -" Deleted: 11 • Date Deleted: . . Date Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of ,A.D.2005. MAYOR ATTEST: CITY CLERK Deleted:4111 • Attachment! 1.I ACREENIENT¶ UNITED CITY OF YORKVILLE¶ YORKVILLE PARKS AND RECREATION DEPARTMENTS And PARKVIEW CHRISTIAN ACADENIY¶ 1i 2005 Summer Season! S 15.00 per hour fee for building use for the operation of the summer camps!!! 11 The parties agree that this.Agreement shall be in full force and effect for a period of three months.June.July. .August.1] 4 Schedule of Use:! June 13-July 1 . .(3 weeks)_M.W. F 8:30 a.m.-1:00 p.m.= 40.50 hours! i 1! July 11-July 29. .(3 weeks).M,W. F 8:30 a.m.-1:00 p.m.= 40.50 hours! August I-August 12. .(2 weeks).M. W.F.8:30 a.m.-1:00 p.m.= 27.00 hours! 11 11 Total 108 hours ai$15.00=S1,620.00/I 11 3 �l G� 5€ , 10/06/2005 14: 16 FAX 630 553 5764 DANIEL J. KRAMER l 002/007 • OFFICE LEASE TERM OF LEASE DATE OF LEASE BEGINNING ENDING MONTHLY RENT 11/01/2005 10/31/2010 S800.00 LOCATION OF PREMISES: 1107D South Bridge Street, Yorkville, IL. 60560 PURPOSE: Parks&Recreation Department Offices LESSEE: LESSOR: THE UNITED CITY OF YORKVILLE OLD SECOND NATIONAL BANK. Parks & Recreation Department TRUST, as Trustee under Trust#48-6193 1107D S. Bridge Street c/o 1107A S. Bridge Street Yorkville, IL. 60560 Yorkville,IL. 60560 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessoisolely for the above purposes the premises designated above(the "Premises"), together with the appurtenances thereto, for the above Term. RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above,monthly in advance,until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. Adjustment to rent - shall occur on an annual basis as per the attached schedule"A" HEAT; 2. Lessor will at all reasonable hours during the term when required NON-LIABILITY by the season, furnish natural gas at Tennants' expense for the heating OF LESSOR apparatus in the demised premises, except when prevented by accidents and unavoidable delays,provided, however,that the Lessor shall not be held liable in damages on account of any personal injury or loss occasioned by the failure of the heating apparatus to heat the Premises sufficiently,by any leakage or breakage of the pipes, by any defect in the electric wiring, elevator apparatus and service thereof, or by reason of any other defect,latent or patent, in, around or•about the said building. 1 10/06/2005 14: 16 FAX 630 553 5764 DANIEL J. KRAMER Q003/007 • BUILDING EXTERIOR 3. Lessor will cause the Leased External Premises and other parts of the outside of the building adjacent to the Premises to be lighted,cleaned and generally cared for,including all landscaping, accidents and unavoidable delays excepted. RULES AND 4. The rules and regulations at the end of this Lease constitute a part REGULATIONS of this Lease. Lessee shall observe and comply with them, and also with such further reasonable rules and regulations as may later be required by Lessor for the necessary,proper and orderly care of the Building in which Premises are located. ASSIGNMENT, 5. Lessee shall neither sublet the Premises or any part thereof nor SUBLETTING assign this Lease nor permit by any act or default any transfer of Lessee's interest by operation of law, nor offer the Premises or any part thereof for lease or sublease,nor permit the use thereof for any purpose other than as above mentioned, without in each case the written consent of Lessor. SURRENDER 6. Lessee shall quit and surrender the Premises at the end of the term OF PREMISES in as good condition as the reasonable use thereof will permit,with all keys thereto,and shall not make any alterations in the Premises without the written consent of Lessor; and all alterations which may be made by either party hereto upon the Premises, except movable furniture put in at the expense of Lessee, shall be the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this lease. NO WASTE 7, Lessee shall restore the Premises to Lessor, with glass of like OR MISUSE kind and quality in the several doors and windows thereof, entire and unbroken, as is now therein, and will not allow any waste of the water or misuse or neglect the water or light fixtures on the Premises,and will pay all damages to the Premises as well as all other damage to other tenants of the Building, caused by such waste or misuse. TERMINATION, 8. At the termination of this lease,by lapse of time or otherwise, ABANDONMENT, Lessee agrees to yield up immediate and peaceable possession to Lessor, RE-ENTRY, and failing so to do, to pay as liquidated damages, for the whole time such RELETTING possession is withheld,the sum of FIFTY AND 00/100 DOLLARS ($50.00)per day,and it shall be lawful for the Lessor or his legal representative at any time thereafter,with notice, to re-enter the Premises or any part thereof, either with process of law,and to expel,remove and put out the Lessee or any person or persons occupying the same, using such force as may be necessary so to do, and to repossess and enjoy the Premises again as before this lease,without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants; or in case the Premises shall be abandoned, deserted, or vacated, and remain unoccupied five days consecutively, the Lessee hereby authorizes and requests the Lessor as Lessee's agent to 2 10/06/2005 14: 17 FAX 830 553 5764 DANIEL J. KRAMER a004/007 • re-enter the Premises and remove all articles found therein, place them in some regular storage warehouse or other suitable storage place, at the cost and expense of Lessee, and proceed to re-rent the Premises at the Lessor's option and discretion and apply all money so received after paying the expenses of such removal toward the rent accruing under this lease. This request shall not in any way be construed as requiring any compliance therewith on the part of the Lessor. If the Lessee shall fail to pay the rent at the times, place and in the manner above provided, and the same shall remain unpaid five days after the day whereon the same should be paid, the Lessor by reason thereof shall be authorized to declare the term ended, and the Lessee hereby expressly waives all right or rights to any notice or demand under any statute of the state relative to forcible entry or detainer or landlord and tenant, and agrees that the Lessor,his agents or assigns may begin suit for possession or rent without notice or demand. LESSOR 9. The Lessor shall not be liable for any loss of property or defects in NOT LIABLE the Building or in the Premises or any accidental damages to the person or property of the Lessee in or about the Building or the Premises from water, rain or snow which may leak into, issue or flow from any part of the Building or the Premises or from the pipes or plumbing works of the same. The.Lessee hereby covenants and agrees to make no claim for any such loss or damage at any time, The Lessor shall not be liable for any loss or damage to any property placed in any storeroom or storage place in the Building, such storeroom or storage place being furnished gratuitously, and no part of the obligations of this lease. Adeeel--6 rrz OPTION TO 10. In the even /t either party,his successors, attorneys or assigns TERMINATE shall desire tqegain the possession of the Premises herein described, for any reason, either party shall have the option of so doing upon giving the other party sixty (60)days notice of the election to exercise such option. PLURALS; 12. The words "Lessor" and "Lessee"wherever used in this lease shall SUCCESSORS be construed to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee, and to apply to individuals,male or female, or to firms or corporations, as the same may be described as Lessor or Lessee herein, and the necessary grammatical changes shall be assumed in each case as though fully expressed. All covenants,promises,representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. • 3 10/08/2005 14: 17 FAX 630 553 5764 DANIEL J. KRAMER Z005/007 • WITNESS the hands and seals of the parties hereto,as of the Date of Lease stated above. OLD SECOND NATIONAL BANK UNITED CITY OF YORKVILLE as Trustee u er Trust#48-6193 BY: 414447 BY. SOR 4;7LESSEE RULES AND REGULATIONS 1. No sign,advertisement or notice shall be inscribed,painted or affixed on any part of the outside or inside of Building, except on the glass of the doors and windows of the room leased and on the exterior sign, and then only of such color, size, style and material as shall be first specified by the Lessor in writing, endorsed on this lease. The Lessor reserves the right to remove all other signs with notice to the Lessee, at the expense of the Lessee. At the expiration of the term Lessee is to remove all his signs from such • windows, doors and exterior sign. 2. No additional locks shall be placed upon any doors of said room without the written consent of the Lessor first had and endorsed upon this lease;and the Lessee will not permit any duplicate keys to be made(all necessary keys to be furnished by the Lessor) and upon the termination of this lease, Lessee will surrender all keys of Premises and Building. 3. The Premises leased shall not be used for any immoral or illegal purpose. 4. The rent of an office will include occupancy of office,water to Lessor's standard fixtures, heat, electric during reasonable working hours;but Lessor shall not be liable for any damages from the stoppage of water,heat or electric service. 5. If Lessee desires FAX, computer or telephonic connections,the Lessor will direct the electricians as to where and how the wires are to be introduced, at Lessee's expense. 6. The Lessor reserves the right to make such other and further reasonable rules and regulations as in his judgment may from time to time be needful for the safety, care and cleanliness of the Premises and for the preservation of good order therein. 7. It is understood and agreed between the Lessee and the Lessor that no assent or consent to change in or waiver of any part of this lease has been or can be made unless done in writing and endorsed hereon by the Lessor; and in such case it shall operate only for the 4 • 10/08/2005 14 : 17 FAX 830 553 5764 DANIEL J. KRAMER 21006/007 • time and purpose in such lease expressly stated. 8. Lessee will pay individually metered utilities consisting of electric, City Water and Sewer to the Yorkville Bristol Kendall Sanitary District and natural gas. Landlord shall pay all Real Estate Taxes and Casualty Insurance. Tenant shall pay Personal Property insurance &Liability insurance. OLD SECO ' ATIONAL BANK UNITED CITY OF YORIKVILLE as Trustee rust#4:-6193 BY: / / a jJ':y: a niel J.Kr.. er, ESf OR /o Js le r- Arthur J. Prochaska,Jr.,Mayor , LESSEE LAW OFFICES OF DANIEL J. KRAMER 1107A S.Bridge St. Yorkville,IL 60560 (708)553-9500 5 10/06/2005 14: 17 FAX 630 553 5764 DANIEL J. KRAMER 12007/007 • SCHEDULE "A" -RENT INCREASES YEAR RENT INCREASED TO November, 2006 $830.00 Per month November, 2007 $860.00 Per month November, 2,008 $890.00 Per month November, 2009 $920.00 Per month STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Bailey Meadows Subdivision, Southeast Corner of Route 47 and Baseline Rd.) 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, on July 13th, 2004 the United City of Yorkville entered into an Annexation Agreement with IRED Baseline, LLC, an Illinois Limited Liability Corporation,pursuant to Ordinance 2004-40, which has been recorded as document 200500000012 with the Kendall County Recorder, and WHEREAS, said annexation agreement provides that upon the territory becoming contiguous to the municipal limits of the City, the City shall enact an ordinance to annex the territory, and WHEREAS, the said territory is not within the corporate limits of any municipality but is now contiguous to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; 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, 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,being that territory described in the Legal Description which is attached hereto and made a part of this Ordinance. That same 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 DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Bailey Meadows Subdivision, Southeast Corner of Route 47 and Baseline Rd.) WHEREAS, IRED Baseline LLC, an Illinois Limited Liability Company, is the legal owner of record of territory described on Exhibit"A" attached hereto and incorporated herein (the Territory) and has made application by petition for the annexation and rezoning of the Property, and WHEREAS, on July 13th, 2004 the United City of Yorkville entered into an Annexation Agreement concerning the Territory with IRED Baseline, LLC, an Illinois Limited Liability Corporation,pursuant to Ordinance 2004-40, which has been recorded as document 200500000012 with the Kendall County Recorder(the"Annexation Agreement"), and WHEREAS, said annexation agreement provides that upon the Territory becoming contiguous to the municipal limits of the City, the City shall enact an ordinance to rezone the property to R-2 General Residence, R-3 General Residence and B-3 Service Business Districts pursuant to and as described in Section 2 of the Annexation Agreement, and WHEREAS, a copy of page four of the Annexation Agreement describing the three zoning districts is attached hereto, and incorporated herein, and WHEREAS,the Plan Commission has favorably recommend the rezoning described herein. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property pursuant to the Annexation Agreement (Recorded Document Number 200500000012) and as described herein, and on the attached copy of page 4 of the Annexation Agreement. 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 DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2005. • ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" OVERALL PARCEL DESCRIPTION: LEGAL DESCRIPTION PARCEL 1: Lot 2 of the Northeast Quarter of Section 5, Township 37 North,Range 7 East of the Third Principal Meridian, according to the plat of the government survey of said Section 5, (EXCEPT that part described as follows: Beginning at the Southeast corner of said Lot 2; thence West 40 chains to the Southwest corner of said Lot; thence North 38-1/2 links to the south bank of a ditch; thence South 89 degrees 30 minutes East, 40 chains to the Point of Beginning AND EXCEPTING THEREFROM that part of the Northeast Quarter of Section 5, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning at a point on the north line of said Northeast Quarter, 1961.60 feet east of the Northwest corner of said Northeast Quarter; thence East along said north line, 667.0 feet; thence South at right angles to said north line, 396.0 feet; thence West at right angles to the last described course, 667.0 feet; thence North at right angles to the last described course, 396.0 feet to the Point of Beginning), in the Township of Bristol, Kendall County, Illinois. LEGAL DESCRIPTION PARCEL 2: That part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat of the government survey of said Section 4, described as follows: • Beginning at the Northwest corner of said section; thence South on the section line, 26.80 chains; thence East parallel with the north line of said section, 14.30 chains; thence in a northeasterly direction to a point in the north line of said section, 20.67 chains east of the point of beginning; thence West along the section line to the Point of Beginning, in the Township of Bristol, Kendall County, Illinois. ALSO: That part of Baseline Road Lying North of and Adjoining said Parcels 1 and 2 not heretofore Annexed to the United City of Yorkville, Kendall and Kane County Illinois. PREPARED BY: SPACECO, Inc. PREPARED: May 21, 2004 N:\Projccts\3571\CADD\SURVEY\Legals\OVERALL PARCEL DESCRIPTION.doc is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the TERRITORY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected. 2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE. That contemporaneously with the annexation of said TERRITORY to the CITY, the corporate authorities shall adopt an ordinance or ordinances amending the provisions of the Zoning Ordinance of the CITY so as to provide that the Parcels of the TERRITORY be zoned and can be used for the purposes currently allowed in the following zoning classifications of the CITY'S Zoning Code: Parcel 1: Legally described on EXHIBIT "D" attached hereto and made a part hereof and containing approximately eighty eight and five hundred twenty three/thousandths (88.523) acres shall be zoned R-2 General Residence District, Parcel 2: Legally described on EXHIBIT "E" attached hereto and made a part hereof and containing approximately thirty and five hundred twenty seven/thousandths (30.527) acres shall be zoned R-3 General Residence District, Parcel 3: Legally described on EXHIBIT "F" attached hereto and made a part hereof and containing approximately thirty-one and three hundred eighty eight/thousandths(31.3 88)acres shall be zoned B3 Service Business District. OWNER shall be entitled to construct a minimum of one hundred eighty nine(189) single family detached residences on Parcel 1 and one hundred fifty three (153Lattached single family town home units on Parcel 2,and,in its sole discretion,may reduce the number of units constructed. -4- Doc:58228/4 EXHIBIT "D" AREA TO BE ZONED R-2: That part of Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat of the government survey of said Section 5, lying west of the following described line: Commencing at the Southeast corner of said Lot 2; thence on an assumed bearing of South 87 degrees 33 minutes 01 seconds West along the south line of said lot, 505.35 feet to a line being 2146 feet east of and parallel with the west line of said Lot 2 for the point of beginning; thence North 01 degrees 14 minutes 18 seconds West along the last described line, 192.22 feet; thence North 88 degrees 45 minutes 43 seconds East, 50.00 feet to a line being 2196 feet east of and parallel with the west line of said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along the last described line, 1201.04 feet to a line being 396 feet south of and parallel with the north line of said Lot 2; thence South 89 degrees 08 minutes 11 seconds West along the last described line, 237.02 feet; thence North 00 degrees 51 minutes 49 seconds West along a perpendicular line to said north line, 396.00 feet to a point on said north line being 1961.60 feet east of the northwest corner of said Lot 2, and thereby terminating(except that part falling within the following described parcel: Beginning at the Southeast corner of said Lot 2; thence South 87 degrees 33 minutes 01 seconds West, 2651.83 feet to the Southwest corner of said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along said west line, 38.5 links (25.41 feet)to the south bank of a ditch; thence North 88 degrees 05 minutes 57 seconds East, 2651.42 to the point of beginning), in Kendall County, Illinois. N:\Proj ects13 571\CADD\SURVEY\LegaIs\Zonin g.1g1.052104.doc Revised:May 21,2004 EXHIBIT "E,,:. AREA TO BE ZONED R-3 That part of Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat of the government survey of said Section 5, together with that part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat of the government survey of said Section 4, described as follows: Beginning at the Southeast corner of said Lot 2 of the Northeast Quarter of Section 5; thence on an assumed bearing of South 87 degrees 33 minutes 01 seconds West along the south line of said Lot, 505.35 feet to a line being 2146 feet east of and parallel with the west line of said Lot 2 of the Northeast Quarter of Section 5; thence North 01 degrees 14 minutes 18 seconds West along the last described line, 192.22 feet; thence North 88 degrees 45 minutes 43 seconds East, 50.00 feet to a line being 2196 feet east of and parallel with said west line; thence North 01 degrees 14 minutes 18 seconds West along the last described line, 1201.04 feet to a line being 396 feet south of and parallel with the north line of said Lot 2 of the Northeast Quarter of Section 5; thence North 89 degrees 08 minutes 11 seconds East along the last described line, 429.98 feet; thence North 00 degrees 51 minutes 49 seconds West along a perpendicular line to said north line, 396.00 feet to a point on said north line being 2628.60 feet east of the northwest corner of said Lot 2 of the Northeast Quarter of Section 5,thence North 89 degrees 08 minutes 11 seconds East along the last described line, 21.84 feet to the northwest corner of said Lot 2 of the Northwest Quarter of Section 4; thence continuing North 89 degrees 08 minutes 11 seconds along the north line of said Lot 2 of the Northwest Quarter of Section 4, a distance of 364.22 feet; thence South 00 degrees 51 minutes 49 seconds East, 973.70 feet to a point on a line being parallel with the last described north line; thence North 89 degrees 08 minutes 11 seconds East along the last described line, 57.50 feet; thence South 00 degrees 51 minutes 49 seconds East, 801.86 feet to a point on a line being parallel with the last described north line and passing through the point of beginning; thence South 89 degrees 08 minutes 11 seconds West along last described line 409.27 feet to the point of beginning(except that part falling within the following described parcel: Beginning at the Southeast corner of said Lot 2 of the Northeast Quarter of Section 5; thence South 87 degrees 33 minutes 01 seconds West, 2651.83 feet to the Southwest corner of said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along said west line, 38.5 links (25.41 feet) to the south bank of a ditch;thence North 88 degrees 05 minutes 57 seconds East, 2651.42 to the point of beginning, in Kendall County, Illinois. N:\Proj ects'3571\CADD\SURVEY\Legals\Zoning.1g1.052104.doc Revised May 21, 2004 EXHIBIT "F" AREA TO BE ZONED B-3 That part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat of the government survey of said Section 5, described as follows: Commencing at the Southwest corner of said Lot 2; thence on an assumed bearing of North 89 degrees 08 minutes 11 seconds East along a parallel line with the north line of said Lot 2, a distance of 409.27 feet to the point of beginning; thence continuing North 89 degrees 08 minutes 11 seconds East along said parallel line, 534.53 feet to a point being 14.30 chains(943.80 feet) east of said southwest corner, as measured along said parallel line; thence North 12 degrees 04 minutes 35 seconds East, 1821.83 feet to a point on the north line of said Lot 2, 20.67 chains (1364.22 feet) east of the northwest corner of said Lot 2; thence South 89 degrees 08 minutes 11 seconds West along the last described line, 1000.00 feet to a point on a line being perpendicular to the last deaf.,.gibed north line; thence South 00 degrees 51 minutes 49 seconds East, 973.70 feet; thence North 89 degrees 08 minutes 11 seconds east perpendicular to last described line 57.50 feet; thence South 00 degrees 51 minutes 49 seconds perpendicular to last described line, 801.86 feet to the point of beginning, in Kendall County, Illinois. N:\Proj ects\3571\CADD\SURVEY\Legals\Zoning.1g1.052104.doc Revised May 21, 2004 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Garritano/Brummel Property—Del Web/Pulte Area North of Commonwealth Edison Power Lines) 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, on September 27, 2005, the United City of Yorkville approved an Annexation Agreement between the City and the Owners agreeing to annex the territory upon contiguity with the City, and WHEREAS, the said territory is not within the corporate limits of any municipality but is now contiguous to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; 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,being that territory described in the Legal Description which is attached hereto and made a part of this Ordinance and 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 BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 h(1 )-)- STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Garritano/Brummel Property—Del Webb/Pulte Area North of Commonwealth Edison Power Lines) WHEREAS, MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein(the Property), and WHEREAS the owners and, Pulte Home Corporation, developer of the Property, have made application by petition for the rezoning of the Property and approval of a Special Use for a Planned Unit Development for a portion of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as follows: an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 101.18 acres legally described on Exhibit A attached (the "Northerly Portion") and depicted as Neighborhoods 14 and 15 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Concept Plan") attached hereto as Exhibit B; and CHO1/12443418.2 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as follows: an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 101.18 acres legally described on Exhibit A attached (the "Northerly Portion") and depicted as Neighborhoods 14 and 15 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the"Concept Plan") attached hereto as Exhibit B; and 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 DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE CH01/12443418.2 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 CHO1/12443418.2 LEGAL DESCRIPTION PARCEL 3- THAT PART OF THE VEST X OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST X OF SECTION 8 AND PART OF THE NORTHWEST X OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST Or 1H£ THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 W►TH THE NEST LINE OF 171E EAST X OF SAID SECTION 5; THENCE NORTH 0 DECREES 02 MINUTES 49 SECONDS NEST ALONG SAID NEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST X OF SAID SECTION 5; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS NEST 1323.10 FEET; THENCE NORTH 0 DECREES 02 MINUTES 30 SECONDS EAST 232556 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH B9 DEGREES 41 MINUTES 05 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST N OF SAID SECTION 5; THENCE SOUTH 00 DECREES 02 MINUTES 49 SECONDS EAST ALONG THE NEST LINE OF SAID NORTHEAST X 1828.36 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF RO4 ROY DITCH; THENCE SOUTH 0 DECREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST ALONG SAID CENTER LINE 300.01 FEET,; THENCE SOUTH 89 DECREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 0 DECREES 56 MINUTES 40 SECONDS NEST 240.28 FEET; THENCE NORTH 89 DECREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE NEST X Or SAID SECTION 4; THENCE SOUTH 0 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST UNE 997.84 FEET; THENCE SOUTH 89 DECREES 09 MINUTES 08 SECONDS VEST 174517 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH 3 DECREES 28 MINUTES 51 SECONDS NEST ALONG SAID CENTER LINE 137175 FEET,; THENCE SOUTH JO DECREES 24 MINUTES 07 SECONDS NEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES NEST ALONG SAID CENTER LINE. 3318.05 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THAT PART OF THE NORTHWEST X OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID NEST UNE OF THE NORTHWEST X WHICH PONT/S 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER UNE OF SAID SECTION 5 WHICH PONT IS 182885 FEET SOUTH OF SAID NORTH OUARTER CORNER, AND EXCEPT A STRIP OF LAND 205.00 FEET NIDE IN THE NORTHEAST X OF SECTION 5 AND 1145 NORTHWEST X OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE NORTH AST X OR SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5. A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY COVWWEYED TO THE LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST NO. 3.5913 RECORDED AS DOCUMENT NO. 154368 IN BOOK 75Z PAGE 392 AS SAID NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO AS LINE V", FOR THE PONT OF BEGINNING; THENCE EAST ALONG SAID LINE E A DISTANCE OF 359680 FEET TO INE CENTER LINE OR ROB ROY DITCH THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREE'S 29 MINUTES 57 SECONDS TO THE RIGHT NMN THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 205.00 FEET TD THE INTERSECTION WITH A UNE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE $:• THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5• THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 20502 FEET TO THE POINT OF BEGINNING. AND ALSO EXCEPT THAT PART OF 174E NEST HALF OF SAID SECTION 4 LYING EAST OF THE NEST RIGHT OF WAY LINE OF ILLOVOS ROUTE 47, IN KENDALL COUNTY, ILLINOIS AND ALSO EXCEPT THAT PART LYING EAST OF THE NEST LINE OF THE EAST HALF OF SAID SECTION 8. IN KENDALL COUNTY ILLINOIS THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG THE SECTION LINE 7331.4 FEET. THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 7 MINUTES MEASURED FROM NEST 70 SOUTH FROM THE SECTION LINE. 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DECREES 33 MINUTES MEASURED FROM NORTH TO NEST FROM 771E LAST DESCRIBED COURSE 1328.7 FEET TO THE VEST LOC OF SECTION 5' THENCE SOUTHERLY ALONG THE SECTION UNE, FORMING AN ANGLE Or 89 DEGREES 27 MINUTES MEASURED FROM EAST TO SOUTH FROM TIE LAST DESCRIBED COURSE, 1454 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES MEASURED FROM NORTH TO NEST FROM THE SECTION LINE. 1553 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE 2461.1 FEET TO THE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE 7534 FEET TO 1715 POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6. TOWNSHIP 37 NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERCIAN. LYING SOUTH AND NEST OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A PONT 1876.07 FEET SOUTH OF DIE NORTHEAST CORNER OF SAND SECTION 6. SAID POINT BEING ON THE NORTH LINE OR THE LAND CONVEYED TO COMMONWEAL 1N EDISON COMPANY BY DOCUMENT NG 73-2847 (TRACT I); THENCE WEST ALONG SAID NORTH UNE 1133.17 FEET TO A PONT OF INTERSECTION MDI A LINE 415.0 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL NTH THE EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA Y. KONICEK BY DEED RECORDED AS DOCUMENT NO. 136414 IN BOOK 726, PACE 41; THENCE NORTH ON SAID PARALLEL LINE ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH EDISON COMPANY BY DOCUMENT NG 73-2847 (TRACT 1), 1897.19 FEET TO 171E NORTH LINE OF SAID SECTION 6 AND THE PONT OF TERMINATION; AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWMSMP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LOVE EXTENDED EASTERLY FROM A POINT ON THE WEST LINE O'SAID NORTHWEST' 7/4 OF SECTION 5 TTrIICI POINT IS 7576.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A PONT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5, TNCH POINT IS 1828.85 FEET SOUTH OF THE NORTH OUARTER CORNER OF SAID SECTION 5, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY. ILLINOIS SMITH ENGINEERING CONSULTANTS, INC. QYIENGINEE INaI CO Lee LTANT3 PLAT OF ANNEXATION - "' �w PREPARED FOR: one DEL WEBB COMMUNITIES OF ILLINOIS, INC. Iwisoa alml{6pNek enw1la.-aoolae TO THE UNITED CITY OF YORKVILLE 2205 POINT BOULEVARD,SUITE 200, ,o1o,r,_AM,••_an-a,•., ELGIN, ILLINOIS 60123 SINCARO Ke NOM 110.- x PROJECT CONTACT: MR. MATTHEW CUDNEY LOCA7IOV MAP AOCIECT A PHONE: (847) 841-3583 FAx (847) 783-0875 r� ��"A, a7rN:. .n„ NE CORNER OF TH r " iNtil nn POB PARCEL 3 2 ��° Irn � .�.r., O NW QUARTER 5-37-7 , © \)� — NW CORNER 5-37-71 ^xi RKVILL y "`u BASELINE ROAD I L / 1117.22' 1331.4' r'F 1319.49' N89°41'06"E T J .c \ CII,, ). q ! ®- \_NorlhlJfleoftlie -North NE 1/4 5-37-7 L �©�i -+�A'=` 6-37-7 nor re sow W a 0 o o Ii • SNR \-. *-F;'0 tai �oR OtorfRW ��AOR N Z m Q P�G`��5 N 1133.17' 1326.18'CALC 132 .4.' A • �q �rXaN o. �NF.I.L IVO PREPARED ON SEPTEMB 2;•2005 ....6-0,,,,, 'I` I� 1323.10'Se9.13'111N W = GjC,,,,<, y PREPAR BY: 3;L: l,IG'. _ .L"% N _ 0,7:3339n ; I� �` 9L4T1I BYI"1 CONTACT, ��O o W —i E PEtER J.WINKER O.E..GENERAL MANAGER OF LAND DEVELOPMENT �‘. // N �`` i-r?r o r,etr i ..',...' _r (630)553-7360 RG CRAIG L. DUY n• (� • CRAIG L Our P.L.S,SENIOR SURVEYOR P ILLINOIS PROFESSIONAL CA $URVEI`)OR••' `,O (630)553-7560 P POB PARCEL 3(1) - No. 3359(EXPIRES: 11/36#(� VF.U_-' o` `I CENTERLINE GALENA ROAD N C41... EXHIBIT-1'A J14t't1 AND FAST LINE OF WEST HALF O _ S NOTES: P SECTION 5-37-7 PRG�\-.. PLAT OF ANNEXATION 4 GRAPHIC SCALE •This mop was created for use M o annexation exhibit. This mop is not TO THE UNITED CITY OF YORKVILLE to be used f«ony construction«stoking purposes without consent from -soo 2so soo soot z000 o proper agent of Smith Engineering Consultants.Inc. GALENA ROAD,WEST OF IL.RT.47 P - II v •Pile IS NOT o Plot of Survey. Na ousultanna or agreements os to EAST OF ELDAMAIN ownership,use,or possession con be conveyed from this document. •No underground improvements hove been hooted unless shown and noted. mom ORM 811 DAM ROE=Illi ( IN FEET) •No distance should be assumed by cooling. .oc a/71��ss 000,0701 •This mop is void without oAyinal embossed or red colored feat and r, mot •1:I .k'NE !•LT Illi I inch - 500 fL signature of6xed. • a. - 1'• 0' aeon Sri SIERT.s MS 2 or 3 i ap i k. •ADWAYLc NNS'';'• +c „ .�.. 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ADJACENT 70 AMENITY CENTER v.Y.,�rt+' ANENTY CENTER+ VICINITY MAP 'a>.vru•+ ti �l ` !/ &,, 1/art OVER--. :' IAKE = * J I. 1 '1.i.-:_-.-:.?.., '',`.,..-./....,-,;-;,:;,..64...' *,.* w��B��I ► 1111(11.„„.„-' 1,Ag►Ro%MATELc..cepN.I. 1+�/11 //111.. .,,Is; + a d% ��i xisT r too vR.FL000n4AIN. a�/14�1 i� 11 6 1111 '.�' ��jH118 . . 111 c �"Ne 81:rAiuo dwoo E'u.' � ,s Natorami sll ( _two a g.. .► vr =I «J1TER FEIYTC1111ES ,. R s.: .. adyi �k��� tom_�� �• �••V.. *wM�'� I'�..�*t.X+/1 i t T EKIb'YINO. Y Y , LK- Ir. I �e ltaN, ,,,.. f ,iiroir 5 -t ihr a AUGN WP i'i1DA0 AOROiS• pis tT11RV '�1�� 1 %le '�_ t:• if t� ��( ? 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Y OPEN'SPAC AT ,�X r'' `�a'e siG fi n s COMMUNRYEENTRY / �� nt!-efs r�4c['fRw +• I r l ti PIte ! DC CONCEPT PLAN .7......_..........4-- a M ; —r Scale:1"=800' SIC Planning Consultants YORKVILLE PROJECT NORTH Date:August 19,2005 PULTE HOMES im Base nwpp g*emptied h heal aalaWv 1 0l All n.!JI map data YORK/(LLE,It LINOIS stwula be hn a etl spec ry.Mneed lxenttcatlon antl sublatl ro change.Tnh tarts plan la cpn:eptual M nature end aces not represent any regutatoey approval plans subject tc Mange.