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City Council Packet 2005 11-22-05 rc0o6 ., 0 United City of Yorkville 800 Game Farm Road ES7: � `° 1836 Yorkville, Illinois 60560 -c iTelephone: 630-553-4350 �1, Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM REVISED 11/21/05 Tuesday,November 22,2005 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, December 5, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, December 15, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, December 1, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, December 8, 2005 City Hall Conference Room Presentations: None City Council Meeting Agenda November 22, 2005 Page 2 ---- -------------------------- ------ Public Hearings: 1. Wyndham Deerpoint Homes, JS&WD Development, LLC, Harry Anderson and William Galvin, Jr., petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-2 General Business District and R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 154 acres North of Route 71 and West of Pavillion Road, Kendall Township, Kendall County, Illinois. 2. JS&WD Development, LLC, Harry Anderson and William Galvin, Jr.,petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 178.3 acres South of Route 71 and West of Legion Road, Kendall Township, Kendall County, Illinois. Citizen Comments: Consent Agenda 1. ADM 2005-02 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2006 and Ending April 30, 2007 for Special Service Area Number 2004-201 (Fox Hill) - authorize abatement in the amount of$18,000 and authorize Mayor and City Clerk to execute 2. ADM 2005-03 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-100 (Raintree Village I) and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 3. ADM 2005-04 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge) and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 4. ADM 2005-05 IMLRMA Insurance Rate - approve annual renewal policy 5. ADM 2005-06 Monthly Treasurer's Report for September 2005 6. ADM 2005-08 Resolution Approving the Revised Job Description for the Position of Senior Accounting Clerk(Formerly Known as Accounting Clerk II/Human Resource Clerk) - authorize Mayor and City Clerk to execute 7. PW 2005-02 Cannonball Hill Subdivision—Final Acceptance - accept public improvements 8. PW 2005-03 In-Town Drainage Program—Storm Sewer Easement - authorize Mayor and City Clerk to execute 9. PW 2005-06 Deuchler Engineering Agreement for FPA Expansion—Northwest Service Area- authorize Mayor and City Clerk to execute 10. PW 2005-07 Deuchler Engineering Agreement for FPA Expansion—Fagenal Development - authorize Mayor and City Clerk to execute 11. PW 2005-08 Deuchler Engineering Agreement for FPA Expansion—KB Homes Development—Konicek & Hageman Properties - authorize Mayor and City Clerk to execute City Council Meeting Agenda November 22, 2005 Page 3 Consent Agenda (con't) 12. PW 2005-09 Deuchler Engineering Agreement for FPA Expansion—Montalbano Development—Lee Farm- authorize Mayor and City Clerk to execute 13. PW 2005-10 Deuchler Engineering Agreement for FPA Expansion—Marker Development—Heartland Crossing- authorize Mayor and City Clerk to execute 14. PW 2005-11 Deuchler Engineering Agreement for FPA Expansion—Wiseman-Hughes Development— Windett Ridge Unit 3 - authorize Mayor and City Clerk to execute 15. PW 2005-12 Deuchler Engineering Agreement for FPA Expansion—Hudson Lakes Development— authorize Mayor and City Clerk to execute 16. PW 2005-13 Deuchler Engineering Agreement for FPA Expansion—MPI South Development - authorize Mayor and City Clerk to execute 17. PW 2005-14 Deuchler Engineering Agreement for FPA Expansion— Schramm Property - authorize Mayor and City Clerk to execute 18. PW 2005-17 2005 Concrete Roadway Pavement Striping— Change Order#1 —authorize increase in an amount not to exceed$1,003.55,funding to be paid from Line Item #01-410-75-00-7100 —Street Rehab Projects, and authorize Mayor to execute 19. PW 2005-18 Cannonball Estates Phase 2—Letter of Credit Reduction#5 - authorize reduction in an amount not to exceed$9,618.77 20. PW 2005-19 Prestwick of Yorkville—Earthwork Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$753,535.73 Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— October 25, 2005 and November 8,2005 Minutes of Committee of the Whole—September 20, 2005 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,059,441.73 (vendors) $ 154,665.69 (payroll period ending 10/29/05) $ 1,214,107.42 (total) Reports: Mayor's Report: 1. COW 2005-01 Engineering Enterprises, Inc. Agreement for Shallow Well Siting Program 2. COW 2005-02 Ordinance Amending City Code Title 1 —Administration, Chapter 6— Municipal Officers and Employees—New Article "D" City Administrator Regarding City Administrator Ordinance City Council Meeting Agenda November 22, 2005 Page 4 Reports (con't): City Council Report: City Attorney's Report: 1. COW 2005-03 Agreement with Trinity Church United Methodist 2. CC 2005-01 Rob Roy Creek Interceptor Funding and Easement Agreements a. Caledonia—Interceptor Sewer Agreement Term Sheet b. Bristol Bay—Interceptor Sewer Agreement Term Sheet c. Westbury—Interceptor Sewer Agreement Term Sheet 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. PW 2005-04 Route 47 and Fox Road Intersection—Engineering Enterprises, Inc. Proposal to Prepare Intersection Design Study 2. PW 2005-05 Autumn Creek Easements 3. PW 2005-20 River's Edge Phase 1 - Letter of Credit Reduction #4 and Acceptance of Public Improvements 4. PW 2005-22 Deuchler Engineering Agreement for Design and and Construction Inspection Services for Gawne Lane Improvements 5. PW 2005-23 Updated Capital Improvement Program 6. PW 2005-26 Rob Roy Creek Interceptor Contract 5 —Results of Bid Opening 7. PW 2005-27 Rob Roy Creek Interceptor Contract 6 —Results of Bid Opening Economic Development Committee Report: 1. No Report City Council Meeting Agenda November 22, 2005 Page 5 Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2005-14 Salary Survey: Mayor, Aldermen, Clerk& Treasurer 2. ADM 2005-01 Tax Levy 3. ADM 2005-10 Library Levy 4. ADM 2005-12 Tuition Policy 5. ADM 2005-09 Resolution Approving the Revised Job Description for the Position of Engineering Administrative Assistant(Formerly Known as "Engineering Assistant") 6. ADM 2005-15 Ordinance Establishing Special Service Area Number 2004-107 (Raintree Village II) 7. ADM 2005-16 Ordinance Providing for Issuance of Special Service Area Number 2004-107 Special Tax Bonds, Series 2005 (Raintree Village II) Additional Business: 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 City Council Meeting Agenda November 22, 2005 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 (con't) '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 ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd SAD-HOC: TECHNOLOGY; Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer )(AlIC', 'H-LarI),-Ics 4 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 THIS INSTRUMENT PREPARED BY AND RETURN TO: John Wyeth 800 Game Farm Road n Yorkville, Illinois 60560 O E (61 7 630.553A350 ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Chally Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2006, by and between JW & WD DEVELOPMENT, L.L.C., an Illinois limited liability company("Owner") and ("Developer"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto ("Chally Property"). B. The Owner desires to annex the Property to the City upon terms and conditions recited in this agreement. C. The Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Property to the City. D. The OWNER desires to annex additional property on exhibit A to the City for the purposes of developing one contiguous planned unit development(PUD) known as the Chally Subdivision (approximately 154 acres). E. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. F. The property is not included within the corporate limits of any municipality. C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 G. DEVELOPER proposes that a portion of the Chally Property as legally described and depicted in Exhibit"B"attached hereto ("R-2 Parcel") be rezoned as a PUD under the R-2 One-Family Residence District, and B-2, Business, provisions of the City Zoning Ordinance ("Zoning Ordinance"), Residence District with a Special Use for a Planned Unit Development with single-family, and business. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities, after due and careful consideration, have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit"A"as a Planned Unit Development(PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located contiguous to the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Chally Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, 2 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. N. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R-2 One-Family Residence District and B-2 Business District of the CITY Zoning Ordinance ("Zoning Ordinance"), One Family Residence District with a Special Use for a Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Chally Property as aforesaid. 3. SUBDIVISION OF CHALLY PROPERTY. A. Approval of Preliminary Plan (Preliminary Plat, Preliminary Landscaping and Preliminary Engineering). DEVELOPER has submitted to the CITY a preliminary plat of subdivision for the Chally Property prepared by Land Vision, Inc., a copy of which preliminary plat is attached hereto and made a part hereof as Exhibit "C" ("Preliminary Plat"). DEVELOPER has also submitted to the CITY a preliminary landscape plan for the Chally Property (Prepared by Gary Webber and Associates, a copy of which is attached hereto as Exhibit "C-1" ("Preliminary Landscape Plan") and preliminary engineering prepared by Jacob and Heffner Associates, P.C. , a copy of 3 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 which preliminary engineering is attached hereto as Exhibit"D("Preliminary Engineering"). The Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering are collectively referred to as the Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has submitted the Preliminary Plan to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Preliminary Plan as complying with all the provisions of the Subdivision Regulations and the Zoning Ordinance of the CITY, except for those items for which variations or deviations have been granted, as set forth in this Agreement. In accordance with the development concepts set forth on the Preliminary Plan, the Chally Property shall be developed in substantial accordance with the one family and two family dwelling unit concepts set forth therein, with a total boilable subdivided lot count of one family lots and acres pf Business within the Chally Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B hereof. The Chally Property shall be developed in the manner and in accordance with the development concept set forth in the Preliminary Plat, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Chally Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Chally Property, shall be substantially as provided in the preliminary engineering plans attached hereto on Exhibit "D" . The Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering are referred to herein collectively as the "Preliminary Plan". B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the right to develop the Chally Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER may from time to time determine in its sole discretion. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan")and final engineering plans ("Final Engineering") for a Phase of Development, which substantially conform with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall 4 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR_DOC 10/17/2005 County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 6 of this Agreement, for such Phase of Development, (ii)the payment of applicable fees to the CITY as provided for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". Concurrent with and prior to recording a Final Plat the CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 21 hereof, for the ownership, care and maintenance of the common open space areas within the Chally Property as listed in Exhibit "K" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The SSA, as defined in Paragraph 21 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 21, to fund the cost of maintaining the Common Facilities. C. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining OWNER of the subject property. D. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit"L" on each Final Plat of Subdivision. 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Chally Property ("Permitted Variations"). 5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of these utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by 5 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGSITEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities. DEVELOPER shall cause the Chally Property, or such developable portions thereof as may be appropriate, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or"YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Chally Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Chally Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville- Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are smaller than fifteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. DEVELOPER agrees to prepay certain fees necessary to construct and upgrade certain off-site sanitary sewer improvements. DEVELOPER shall pay at the time of recording the Final Plat for the first phase of the Highland Subdivision the following fees for the entire subdivision: Annexation fee to the Yorkville Bristol Sanitary District $ YBSD interceptor fee 154 acres @ $ 0.0 0 CITY Sanitary Sewer Fee units @ $ CITY River Crossing Fee units @ The DEVELOPER shall have a right of Recapture, in accordance with the provisions of this agreement, for the portion of the costs it will have paid 6 C'\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10117/20D5 which exceeds its proportionate share of such costs of the identified service area as set out in the Recapture Agreement. The DEVELOPER recapture costs for sewer shall be repaid by CITY by use of the user fee which it collects in the CITY utility bill (currently$108.00 per year per unit) from units with the Chally Subdivision until the costs and any accrued interest is repaid to DEVELOPER. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Chally Property with potable water for domestic water consumption and fire flow protection, if the Chally Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Chally Property, to maintain said water distribution system to and within the Chally Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Chally Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Chally Subdivision. DEVELOPER shall connect the Chally Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense, procure sufficient temporary construction and permanent utility easements adjacent to the northerly right-of-way line for route 71 ("Offsite Water Easements") to enable the CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Chally Property. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. DEVELOPER agrees to prepay the CITY's water connection fee of$ per unit to the total number of permits for which the CITY will commit to provide water service prior to completion of the construction of the water tower on site. C. Storm Water Facilities. 7 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 1. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Chally Property, in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development, in the following manner: a. Installation of underground sewers within that part of the Chally Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Chally Property designated on the Preliminary Engineering for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Chally Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Chally Property pursuant to the approved Final Engineering for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering, located in the public right of way. 6. SECURITY INSTRUMENTS. 8 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 A. Posting Security. DEVELOPER shall deposit, or cause to be deposited,with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "F", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of ninety percent(90%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent(110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development; and acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordnance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Chally Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 9 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the submission of the as built plans. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended,varied,or modified by the terms of this Agreement, shall apply to the Chally Property and its development for a period of five (5) years from the date of this Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Chally Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Chally Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Chally Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Chally Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Chally Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Chally Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Chally Property shall be given full force and effect. 9. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit"G". Notwithstanding the provisions of Paragraph 8 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Chally Property upon the expiration of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Section III of Exhibit"E"attached hereto. 10 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 10. FEES AND CHARGES. During the first five years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville, Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Chally Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of land to the CITY for school purposes ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is acres. The school contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the school site to the School District. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3,000.00 per unit. The fee will be paid at the rate of $3,000 per unit on a per-building permit basis as building permits are issued. The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is acres. OWNER or DEVELOPER shall cause fee title to no less than acres of land located in Parcels and _, as identified on the Preliminary Plat 11 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 ("Park Site") to be conveyed to the CITY, or to such other entity as the CITY shall direct in writing, in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The following fee shall be paid to the CITY for each unit: Development fees. Public works $700 Police $300 Building $150 Library $500 Engineering $100 Bristol/Kendall Fire $1,000 Total $2,750 Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Chally Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Chally Property as identified in Exhibit "H", attached hereto. 14. MODEL HOMES/PRODUCTION UNITS. During the development and build out period of the Chally Property (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Chally Property staffed with DEVELOPER's, or such 12 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two(2) cars outside of the adjacent road right-of-way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District.) Prior to issuance of occupancy permits of model homes,water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the Chally Property during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the Chally Property or upon the occupancy of model homes within the Chally Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 15. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Chally Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Chally Property until the issuance of the last final occupancy permit for the Chally Property. 16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Chally Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Chally Property for the purpose of serving property other than the Chally Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the 13 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002) ed., shall the CITY require that any part of the Chally Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 18. RECAPTURE AGREEMENTS. A. Benefiting the Chally Property. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "I" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Property") not located within the Chally Property which connect to said improvements. The Benefited Property is identified on said Exhibit "I" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "J". B. Encumbering the Chally Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Chally Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Chally Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the Chally Property. 19. SPECIAL SERVICE AREA. A. Establishment and Purpose. OWNER and DEVELOPER and their respective successors, assignees and grantees, shall not object to and agree to cooperate with the CITY in establishing a special service area ("SSA") for the Chally Property to be utilized as a primary funding mechanism for the care and maintenance of the Common Facilities. Subject to the provisions of Paragraph 19.B. of this Agreement, the CITY shall provide for the regular 14 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFICHALLEYANNEXATIONAGR.DOC 10/17/2005 care, maintenance, renewal and replacement of the Common Facilities ("Common Facilities Maintenance"), including, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, the maintenance of storm water detention, retention, ponds and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the SSA to provide sufficient funds to defray the costs, including administrative costs not to exceed one hundred and fifteen percent(115 %)of such maintenance costs, thereby reasonably incurred by the CITY and to establish reserve funds for future repairs and replacements as reasonably determined by the CITY to be appropriate. The CITY, through and under the SSA, shall have the primary responsibility and duty to carry out the Common Facilities Maintenance ("Primary Responsibility"). The SSA shall provide for the authority of the CITY to levy up to one dollar and ten cents ($.50) per $100.00 of assessed valuation ("Rate Cap") to fund the payment of the aforesaid costs and expenses. In the event the CITY is prevented by law from collecting funds under the SSA in the manner contemplated herein, a Homeowners Association established by DEVELOPER or the CITY, as the case may be, pursuant to the terms of the Declaration shall assume full responsibility for carrying out and paying for, through assessments levied against all dwelling units in the Chally Property, the Common Facilities Maintenance ("Secondary Responsibility"). Subject to the provisions of Paragraph 19.B. of this Agreement, the Common Facilities shall be conveyed to and owned by the CITY so long as the SSA remains in force and effect. In the event the Common Facilities Maintenance is subsequently transferred to the Homeowners Association, the CITY may elect to convey all or a portion of the Common Facilities to the Homeowners Association. In any event, a maintenance easement ("Common Facilities Maintenance Easement") shall be established over all of those Common Facilities located on the Final Plat for each Phase of Development in favor of the CITY and any future Homeowners Association which undertakes responsibility for the Common Facilities Maintenance. The substance of the Common Facilities Maintenance Easement shall be as approved by legal counsel for the CITY and DEVELOPER, which approvals shall not be unreasonably withheld. B. Implementation. Anything contained in Paragraph 19.A. of this Agreement to the contrary notwithstanding, up to the issuance by the CITY of eighty-five percent (85%) of the occupancy permits for the entirety of the Chally Property ("Initial Build-Out Period") the Common Facilities shall be owned or controlled by DEVELOPER and the Common Facilities Maintenance shall be carried out by or under the direction of DEVELOPER. DEVELOPER shall cause a declaration of covenants, conditions and restrictions("Declaration") 15 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 to be recorded against the Chally Property, either in its entirety or incrementally with each Phase of Development, which shall provide, among other things, for the establishment of an association of all lot owners within the Chally Property("Association")and the mandatory membership of all lot owners in the Association. The cost of carrying and administering the Common Facilities Maintenance during the Initial Build-Out Period shall be paid through assessments levied by the DEVELOPER through the Association against the members of the Association, with any annual shortfall in the monies thereby generated funded by DEVELOPER. At the end of the Initial Build-Out Period, which shall automatically occur upon the issuance of eighty-five percent (85%) of the occupancy permits for all of the dwelling units approved hereunder for development within the Chally Property, the Common Facilities shall be conveyed to the CITY and the CITY shall accept title to the Common Facilities, provided DEVELOPER has properly carried out the Common Facilities Maintenance prior thereto. Ownership of the Common Facilities including the open space areas, depicted on the Preliminary Plan as parcels and shall be at time of turnover conveyed to the Association. The CITY shall thereafter carry out the Common Facilities Maintenance utilizing the SSA for the funding thereof, as provided in Paragraph 21.A. of this Agreement. DEVELOPER shall have no further liability or responsibility for the Common Facilities Maintenance following the end of the Initial Build-Out Period. The SSA shall expressly provide for the deferral of its implementation in conformity with the provisions of this Paragraph 19.B. C. Improvements Special Service Area (SSA or SSA). CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area ("SSA") for the Chally Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as exhibit "M". 20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Chally Property DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Chally Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Chally Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Chally Property as reflected on the Preliminary Plat and in this Agreement, the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a 16 1 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. 21. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Chally Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances, and in the event DEVELOPER is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, provided DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to DEVELOPER. 22. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Chally Property as a subdivision to be commonly known as Chally Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY. 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Chally Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Chally Property, except as otherwise provided in this Agreement. 25. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 17 C:\DOCUMENTS AND SETTINGS\LIZ ILOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966-1006 with a copy to: Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 18 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, II 60560 Fax: (630) 553-8330 with a copy to: John Wyeth, Esq. Suite 380C 300 E. 5th Avenue Naperville, 11 60563-3181 Fax: (630) 355-4390 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (1998 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Chally Property. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Chally Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Chally Property not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Chally Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Chally Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to 19 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20)years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. N. Highway 71. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways7l. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be 20 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 required or imposed by any other governmental bodies or agencies having jurisdiction over the Chally Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER & OWNER: CITY: JW & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: 21 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 LIST OF EXHIBITS EXHIBIT "A": Legal Description of Chally Property EXHIBIT "B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT "C": Preliminary Plat of Subdivision EXHIBIT "C-1": Preliminary Landscape Plan EXHIBIT "D": Preliminary Engineering EXHIBIT "E": ` Permitted Variations and Design Standards EXHIBIT "F": Form Letter of Credit EXHIBIT "G":Current CITY Building Codes EXHIBIT "H": Project Signage EXHIBIT "I": Recapture Improvements EXHIBIT "J": Recapture Agreement EXHIBIT "L": Right to Farm Disclosure Statement for Final Plats EXHIBIT "K" Yorkville Community Unit District 115 letter EXHIBIT "M" Special Tax Bond Policy C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANN EXATIONAGR.DOC 05/1/01 EXHIBIT "A" LEGAL DESCRIPTION OF HIGHLAND'S PROPERTY ADDRESS OF CHALLY PROPERTY Vacant land Northeast of Route 71 and Pavillion Road, Kendall County, II. P.I.N. NUMBERS A-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANN EXATI ONAGR.DOC 05/1/01 EXHIBIT "B" DEPICTION AND LEGAL DESCRIPTIONS OF ZONING I. Depiction of Zoning: See page B-2 B-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYAN N EXATIONAGR.DOC 05/1/01 EXHIBIT "C" PRELIMINARY PLAT OF SUBDIVISION (See following page) X-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OL KF\C HALLEYAN N EXATI O NAG R.DOC 05/1/01 EXHIBIT "C-1" PRELIMINARY LANDSCAPE PLAN (See following pages) X-1-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 EXHIBIT "D" PRELIMINARY ENGINEERING (See following page) 0-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYAN N EXATIONAG R.DOC 05/1/01 EXHIBIT "E" PERMITTED VARIATIONS AND DESIGN STANDARDS I. Permitted Variations to Zoning Ordinance: A. Section 12.15.5: Sign Code 1. Increase sign face area and height standards to comply with the standards set forth in Exhibit "H" attached hereto II. Permitted Variations to Subdivision Ordinance: III. Permitted Variations to Building Code: IV. Permitted Variations for Signage: The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and in Exhibit "H" attached hereto E-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 EXHIBIT "F" FORM LETTER OF CREDIT OR SURETY BOND (See following page) 0-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 EXHIBIT "G" CURRENT CITY BUILDING CODES 1. BOCA 1999 2. Illinois State Plumbing Code 3. National Electric Code 1999 4. International Building Code 2000 F-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYAN N EXATI ONAGR.DOC 05/1/01 EXHIBIT "H" PROJECT SIGNAGE Onsite Project Identification Signs: 1. Number: 4 2. Maximum Height: 20 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER II. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 12 2. Maximum Height: 10 feet 3. Maximum Sign Faces per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Location: As from time to time determined by DEVELOPER H-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit "H", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the Chally Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. H-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYAN NEXATIONAGR.DOC 05/1/01 EXHIBIT "I" RECAPTURE IMPROVEMENTS 1. To be determined. I-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 EXHIBIT "J" RECAPTURE AGREEMENT (See following six pages) �-1 C.\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYAN N EXATIONAGR.DOC 05/1/01 THIS INSTRUMENT PREPARED BY AND RETURN TO: Guerard, Kalina & Butkus Richard M. Guerard 100 W. Roosevelt Road Wheaton, IL 60187 RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the day of , 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and JW & WD DEVELOOPMENT, L.L.C., an Illinois limited liability company ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Chally Crossing Subdivision ("Subdivision"). B. • DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated , 2005 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ("Benefitted Properties") from the OWNERs of the Benefitted Properties ("Benefitted OWNERs"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefitted OWNERs, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the a-2 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITTED PROPERTIES. The Benefitted Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefitted Properties is referred to herein individually as a "Benefitted Parcel". There are a total of ( ) Benefitted Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefitted Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefitted Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefitted Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefitted Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent (8 %) per annum from the date the Recapture Item is completed by DEVELOPER until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefitted OWNER of a Benefitted Parcel, or any portion thereof, his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefitted Parcel. At such time as a Benefitted OWNER, or its agent or representative, annexes and/or subdivides a Benefitted Parcel, or any portion thereof, or subdivides the Benefitted Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the CITY shall collect from such Benefitted OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefitted Parcel. No Benefitted Parcel which is a part of a subdivision (whether by plat 4-2 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\C HALLEYAN N EXATI O NAG R.DOC 05/1/01 or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefitted Parcel has fully paid the applicable Recapture Costs, owed by such Benefitted Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefitted OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and/or the CITY may sue any Benefitted OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefitted Parcel and the collection of any Recapture Costs therefor. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefitted Parcel is in addition to such other CITY fees and charges. �-3 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANN EXATI ONAGR.DOC 05/1/01 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefitted Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefitted Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefitted Parcel, shall become null and void and of no further force and effect as to such Benefitted Parcel. 9. LIEN. The recordation of this Agreement against the Benefitted Properties shall create and constitute a lien against each Benefitted Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefitted Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefitted Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefitted Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be 9-4 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, II 60560 Fax: (630) 553-8330 with a copy to: John Wyeth, Esq. Suite 380C 300 E. 5th Avenue Naperville, II 60563-3181 Fax: (630) 355-4390 If to OWNER JS &WD Development, L.L.C. and/or DEVELOPER: 605 Lindsay Circle North Aurora, IL. 60542 Attn: Mary E. Krasner Fax: (630) 966-1006 with a copy to: Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefitted Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be 4-5 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 05/1/01 deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceaibility: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. &-7 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\C HALLEYAN N EXATI ONAG R.DOC 10/17/2005 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: W & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: A-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYAN N EXATIONAGR.DOC 10/17/2005 EXHIBIT "K" Yorkville Community Unit District 115. A-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\CHALLEYANNEXATIONAGR.DOC 10/17/2005 EXHIBIT "L" Special Tax Bond Policy A-1 i,J)1 � � . --11(6v Inc\ C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKRANDERSONANNEXATIONAGR.DOC 10/17/2005 THIS INSTRUMENT PREPARED BY AND RETURN TO: John Wyeth 800 Game Farm Road HAFT Yorkville, Illinois 60560 630.553.4350 ANNEXATION AGREEMENT AND DEVELOPMENT AGREEMENT (The Anderson/Yorkwood Estates Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2006, by and between JW & WD DEVELOPMENT, L.L.C., an Illinois limited liability company("Owner") and ("Developer"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto ("Anderson Property"). B. The Owner desires to annex the Property to the City upon terms and conditions recited in this agreement. C. The Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Property to the City. D. The OWNER desires to annex additional property on exhibit A to the City for the purposes of developing one contiguous development known as the Anderson Subdivision (approximately 178.3 acres). E. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. F. The property is not included within the corporate limits of any municipality. C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 G. DEVELOPER proposes that a portion of the Anderson Property as legally described and depicted in Exhibit"B"attached hereto ("R-2 Parcel") be rezoned under the R-2 One-Family Residence District, provisions of the City Zoning Ordinance ("Zoning Ordinance"), Residence District. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities, after due and careful consideration, have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit"A" as a Planned Unit Development(PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located contiguous to the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Anderson Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 2 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. N. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R-2 One-Family Residence District and B-2 Business District of the CITY Zoning Ordinance ("Zoning Ordinance"), One Family Residence District with a Special Use for a Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Anderson Property as aforesaid. 3. SUBDIVISION OF ANDERSON PROPERTY. A. Approval of Preliminary Plan (Preliminary Plat, Preliminary Landscaping and Preliminary Engineering). DEVELOPER has submitted to the CITY a preliminary plat of subdivision for the Anderson Property prepared by Land Vision, Inc., a copy of which preliminary plat is attached hereto and made a part hereof as Exhibit "C" ("Preliminary Plat"). DEVELOPER has also submitted to the CITY a preliminary landscape plan for the Anderson Property (Prepared by Gary Webber and Associates, a copy of which is attached hereto as Exhibit "C-1" ("Preliminary Landscape Plan") and preliminary engineering prepared by Jacob and Heffner Associates, P.C. , a copy of which preliminary engineering is attached hereto as Exhibit "D ("Preliminary Engineering"). The Preliminary Plat, Preliminary Landscape 3 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 Plan and Preliminary Engineering are collectively referred to as the Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has submitted the Preliminary Plan to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Preliminary Plan as complying with all the provisions of the Subdivision Regulations and the Zoning Ordinance of the CITY, except for those items for which variations or deviations have been granted, as set forth in this Agreement. In accordance with the development concepts set forth on the Preliminary Plan, the Anderson Property shall be developed in substantial accordance with the one family and two family dwelling unit concepts set forth therein, with a total boilable subdivided lot count of one family lots and acres pf Business within the Anderson Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B hereof. The Anderson Property shall be developed in the manner and in accordance with the development concept set forth in the Preliminary Plat, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Anderson Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Anderson Property, shall be substantially as provided in the preliminary engineering plans attached hereto on Exhibit "D" . The Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering are referred to herein collectively as the "Preliminary Plan". B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the right to develop the Anderson Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER may from time to time determine in its sole discretion. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan")and final engineering plans ("Final Engineering") for a Phase of Development, which substantially conform with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security 4 C.\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFWNDERSONANNEXATIONAGR.DOC 10/17/2005 Instruments, as defined in Paragraph 6 of this Agreement, for such Phase of Development, (ii)the payment of applicable fees to the CITY as provided for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". Concurrent with and prior to recording a Final Plat the CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 21 hereof, for the ownership, care and maintenance of the common open space areas within the Anderson Property as listed in Exhibit "K" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The SSA, as defined in Paragraph 21 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 21, to fund the cost of maintaining the Common Facilities. C. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining OWNER of the subject property. D. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Anderson Property ("Permitted Variations"). 5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of these utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: 5 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKRRNDERSONANNEXATIONAGR.DOC 10/17/2005 A. Sanitary Sewer Facilities. DEVELOPER shall cause the Anderson Property, or such developable portions thereof as may be appropriate, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Anderson Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Anderson Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville- Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are smaller than fifteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. DEVELOPER agrees to prepay certain fees necessary to construct and upgrade certain off-site sanitary sewer improvements. DEVELOPER shall pay at the time of recording the Final Plat for the first phase of the Highland Subdivision the following fees for the entire subdivision: Annexation fee to the Yorkville Bristol Sanitary District $ YBSD interceptor fee 178.3 acres @ $ 0.0 0 CITY Sanitary Sewer Fee units @ $ CITY River Crossing Fee units @ The DEVELOPER shall have a right of Recapture, in accordance with the provisions of this agreement, for the portion of the costs it will have paid which exceeds its proportionate share of such costs of the identified service area as set out in the Recapture Agreement. The DEVELOPER recapture costs for sewer shall be repaid by CITY by use of the user fee which it 6 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKR.NDERSONANNEXATIONAGR.DOC 10/17/2005 collects in the CITY utility bill (currently$108.00 per year per unit) from units with the Anderson Subdivision until the costs and any accrued interest is repaid to DEVELOPER. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Anderson Property with potable water for domestic water consumption and fire flow protection, if the Anderson Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Anderson Property, to maintain said water distribution system to and within the Anderson Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Anderson Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Anderson Subdivision. DEVELOPER shall connect the Anderson Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense, procure sufficient temporary construction and permanent utility easements adjacent to the northerly right-of-way line for route 71 ("Offsite Water Easements") to enable the CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Anderson Property. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. DEVELOPER agrees to prepay the CITY's water connection fee of$ per unit to the total number of permits for which the CITY will commit to provide water service prior to completion of the construction of the water tower on site. C. Storm Water Facilities. 1. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Anderson Property, in substantial conformity with the Preliminary Engineering, subject to 7 C:\DOCUMENTS AND SETTINGSILIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 review and approval of Final Engineering for each Phase of Development, in the following manner: a. Installation of underground sewers within that part of the Anderson Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering,which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Anderson Property designated on the Preliminary Engineering for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Anderson Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Anderson Property pursuant to the approved Final Engineering for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering, located in the public right of way. 6. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER shall deposit, or cause to be deposited,with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and 8 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF/ANDERSONANNEXATIONAGR.DOC 10/17/2005 maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "F", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of ninety percent(90%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent(110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development; and acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordnance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Anderson Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision 9 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30) days following the submission of the as built plans. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Anderson Property and its development for a period of five (5) years from the date of this Agreement. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Anderson Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Anderson Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5)year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Anderson Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Anderson Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Anderson Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Anderson Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Anderson Property shall be given full force and effect. 9. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit"G". Notwithstanding the provisions of Paragraph 8 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Anderson Property upon the expiration of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Section III of Exhibit"E"attached hereto. 10. FEES AND CHARGES. During the first five years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, 10 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFIANDERSONANNEXATIONAGR.DOC 10/17/2005 tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville, Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Anderson Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of land to the CITY for school purposes ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is acres. The school contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the school site to the School District. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of $3,000.00 per unit. The fee will be paid at the rate of $3,000 per unit on a per-building permit basis as building permits are issued. The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is acres. OWNER or DEVELOPER shall cause fee title to no less than _ acres of land located in Parcels and _, as identified on the Preliminary Plat ("Park Site") to be conveyed to the CITY, or to such other entity as the CITY shall direct in writing, in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in 11 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The following fee shall be paid to the CITY for each unit: Development fees. Public works $700 Police $300 Building $150 Library $500 Engineering $100 Bristol/Kendall Fire $1,000 Total $2,750 Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Anderson Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Anderson Property as identified in Exhibit "H", attached hereto. 14. MODEL HOMES/PRODUCTION UNITS. During the development and build out period of the Anderson Property (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Anderson Property staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the 12 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFIANDERSONANNEXATIONAGR.DOC 10/17/2005 locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road rig ht-of- way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District.) Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street,the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the Anderson Property during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the Anderson Property or upon the occupancy of model homes within the Anderson Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 15. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed'upon such part or parts of the Anderson Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Anderson Property until the issuance of the last final occupancy permit for the Anderson Property. 16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Anderson Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Anderson Property for the purpose of serving property other than the Anderson Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of 13 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 such oversizing by the OWNER of properties benefitted by the same. The improvements which qualify as oversized and the identity of the benefitted properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002) ed., shall the CITY require that any part of the Anderson Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 18. RECAPTURE AGREEMENTS. A. Benefittinq the Anderson Property. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "I" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefitted Property") not located within the Anderson Property which connect to said improvements. The Benefitted Property is identified on said Exhibit "I" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "J". B. Encumbering the Anderson Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Anderson Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Anderson Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the Anderson Property. 19. SPECIAL SERVICE AREA. A. Establishment and Purpose. OWNER and DEVELOPER and their respective successors, assignees and grantees, shall not object to and agree to cooperate with the CITY in establishing a special service area ("SSA")for the Anderson Property to be utilized as a primary funding mechanism for the care and maintenance of the Common Facilities. Subject to the provisions of Paragraph 19.B. of this Agreement, the CITY shall provide for the regular 14 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 care, maintenance, renewal and replacement of the Common Facilities ("Common Facilities Maintenance"), including, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, the maintenance of storm water detention, retention, ponds and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the SSA to provide sufficient funds to defray the costs, including administrative costs not to exceed one hundred and fifteen percent(115 %)of such maintenance costs, thereby reasonably incurred by the CITY and to establish reserve funds for future repairs and replacements as reasonably determined by the CITY to be appropriate. The CITY, through and under the SSA, shall have the primary responsibility and duty to carry out the Common Facilities Maintenance ("Primary Responsibility"). The SSA shall provide for the authority of the CITY to levy up to one dollar and ten cents ($.50) per$100.00 of assessed valuation ("Rate Cap") to fund the payment of the aforesaid costs and expenses. In the event the CITY is prevented by law from collecting funds under the SSA in the manner contemplated herein, a Homeowners Association established by DEVELOPER or the CITY, as the case may be, pursuant to the terms of the Declaration shall assume full responsibility for carrying out and paying for, through assessments levied against all dwelling units in the Anderson Property, the Common Facilities Maintenance ("Secondary Responsibility"). Subject to the provisions of Paragraph 19.B. of this Agreement, the Common Facilities shall be conveyed to and owned by the CITY so long as the SSA remains in force and effect. In the event the Common Facilities Maintenance is subsequently transferred to the Homeowners Association, the CITY may elect to convey all or a portion of the Common Facilities to the Homeowners Association. In any event, a maintenance easement ("Common Facilities Maintenance Easement") shall be established over all of those Common Facilities located on the Final Plat for each Phase of Development in favor of the CITY and any future Homeowners Association which undertakes responsibility for the Common Facilities Maintenance. The substance of the Common Facilities Maintenance Easement shall be as approved by legal counsel for the CITY and DEVELOPER, which approvals shall not be unreasonably withheld. B. Implementation. Anything contained in Paragraph 19.A. of this Agreement to the contrary notwithstanding, up to the issuance by the CITY of eighty-five percent (85%) of the occupancy permits for the entirety of the Anderson Property("Initial Build-Out Period") the Common Facilities shall be owned or controlled by DEVELOPER and the Common Facilities Maintenance shall be carried out by or under the direction of DEVELOPER. DEVELOPER shall cause a declaration of covenants, conditions and restrictions("Declaration") 15 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 to be recorded against the Anderson Property, either in its entirety or incrementally with each Phase of Development, which shall provide, among other things, for the establishment of an association of all lot owners within the Anderson Property("Association") and the mandatory membership of all lot owners in the Association. The cost of carrying and administering the Common Facilities Maintenance during the Initial Build-Out Period shall be paid through assessments levied by the DEVELOPER through the Association against the members of the Association, with any annual shortfall in the monies thereby generated funded by DEVELOPER. At the end of the Initial Build-Out Period, which shall automatically occur upon the issuance of eighty-five percent (85%) of the occupancy permits for all of the dwelling units approved hereunder for development within the Anderson Property, the Common Facilities shall be conveyed to the CITY and the CITY shall accept title to the Common Facilities, provided DEVELOPER has properly carried out the Common Facilities Maintenance prior thereto. Ownership of the Common Facilities including the open space areas, depicted on the Preliminary Plan as parcels and shall be at time of turnover conveyed to the Association. The CITY shall thereafter carry out the Common Facilities Maintenance utilizing the SSA for the funding thereof, as provided in Paragraph 21.A. of this Agreement. DEVELOPER shall have no further liability or responsibility for the Common Facilities Maintenance following the end of the Initial Build-Out Period. The SSA shall expressly provide for the deferral of its implementation in conformity with the provisions of this Paragraph 19.B. C. Improvements Special Service Area (SSA or SSA). CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area ("SSA") for the Anderson Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as exhibit "M". 20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Anderson Property DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Anderson Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Anderson Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Anderson Property as reflected on the Preliminary Plat and in this Agreement, the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the 16 • C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. 21. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Anderson Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances, and in the event DEVELOPER is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, provided DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to DEVELOPER. 22. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Anderson Property as a subdivision to be commonly known as Anderson Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY. 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Anderson Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Anderson Property, except as otherwise provided in this Agreement. 25. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific 17 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966-1006 with a copy to: Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard 18 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 Fax: (630) 690-9652 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, II 60560 Fax: (630) 553-8330 with a copy to: John Wyeth, Esq. Suite 380C 300 E. 5th Avenue Naperville, II 60563-3181 Fax: (630) 355-4390 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (1998 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Anderson Property. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Anderson Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Anderson Property not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Anderson Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Anderson Property in accordance with 19 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be twenty(20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. N. Highway 71. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways7l. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. 20 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF ANDERSONANNEXATIONAGR.DOC 05/1/01 P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Anderson Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER & OWNER: CITY: JW & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: 21 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\AN DERSONAN NEXATIONAGR.DOC 05/1/01 LIST OF EXHIBITS EXHIBIT "A": Legal Description of Anderson Property EXHIBIT "B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT "C": Preliminary Plat of Subdivision EXHIBIT "C-1": Preliminary Landscape Plan EXHIBIT "D": Preliminary Engineering EXHIBIT "E": Permitted Variations and Design Standards EXHIBIT "F": Form Letter of Credit EXHIBIT "G":Current CITY Building Codes EXHIBIT "H": Project Signage EXHIBIT "I": Recapture Improvements EXHIBIT "J": Recapture Agreement EXHIBIT "L": Right to Farm Disclosure Statement for Final Plats EXHIBIT "K" Yorkville Community Unit District 115 letter EXHIBIT "M" Special Tax Bond Policy C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\O LKF\AN D E RSO NAN N EXATI O NAG R.DOC 05/1/01 EXHIBIT "A" LEGAL DESCRIPTION OF HIGHLAND'S PROPERTY ADDRESS OF ANDERSON PROPERTY Vacant land Rt. 71 is north border and is adjacent to Timber Creek Subdivison, Kendall County, II. P.I.N. NUMBERS A-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\AN D ERSO NAN N EXATI ONAG R.DOC 05/1/01 EXHIBIT "B" DEPICTION AND LEGAL DESCRIPTIONS OF ZONING I. Depiction of Zoning: See page B-2 B-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 05/1/01 EXHIBIT "C" PRELIMINARY PLAT OF SUBDIVISION (See following page) X-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\AN DERSONAN N EXATIONAGR.DOC 05/1/01 EXHIBIT "C-1" PRELIMINARY LANDSCAPE PLAN (See following pages) X-1-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF ANDERSONANNEXATIONAGR.DOC 05/1/01 EXHIBIT "D" PRELIMINARY ENGINEERING (See following page) A-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFWNDERSONANN EXATIONAGR.DOC 05/1/01 EXHIBIT "E" PERMITTED VARIATIONS AND DESIGN STANDARDS I. Permitted Variations to Zoning Ordinance: A. Section 12.15.5: Sign Code 1. Increase sign face area and height standards to comply with the standards set forth in Exhibit "H" attached hereto II. Permitted Variations to Subdivision Ordinance: III. Permitted Variations to Building Code: IV. Permitted Variations for Signage: The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and in Exhibit "H" attached hereto E-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFWNDERSONANNEXATIONAGR.DOC 05/1/01 EXHIBIT "F" FORM LETTER OF CREDIT OR SURETY BOND (See following page) -1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFWN DERSONANNEXATIONAGR.DOC 05/1/01 EXHIBIT "G" CURRENT CITY BUILDING CODES 1. BOCA 1999 2. Illinois State Plumbing Code 3. National Electric Code 1999 4. International Building Code 2000 r-i C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 05/1/01 EXHIBIT "H" PROJECT SIGNAGE Onsite Project Identification Signs: 1. Number: 4 2. Maximum Height: 20 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER II. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 12 2. Maximum Height: 10 feet 3. Maximum Sign Faces per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Location: As from time to time determined by DEVELOPER H-1 C:\D000MENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 05/1/01 V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit "H", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the Anderson Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. H-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONAN NEXATI ONAGR.DOC 05/1/01 EXHIBIT "I" RECAPTURE IMPROVEMENTS 1. To be determined. I-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONAN N EXATIONAGR.DOC 05/1/01 EXHIBIT "J" RECAPTURE AGREEMENT (See following six pages) -1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKFWNDERSONANNEXATIONAGR.DOC 05/1/01 THIS INSTRUMENT PREPARED BY AND RETURN TO: Guerard, Kalina & Butkus Richard M. Guerard 100 W. Roosevelt Road Wheaton, IL 60187 RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the day of , 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and JW &WD DEVELOOPMENT, L.L.C., an Illinois limited liability company ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Anderson Crossing Subdivision ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated , 2005 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ("Benefitted Properties") from the OWNERs of the Benefitted Properties ("Benefitted OWNERs"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefitted OWNERs, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the 9-2 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 05/1/01 receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITTED PROPERTIES. The Benefitted Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefitted Properties is referred to herein individually as a "Benefitted Parcel". There are a total of ( ) Benefitted Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefitted Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefitted Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefitted Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefitted Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent (8 %) per annum from the date the Recapture Item is completed by DEVELOPER until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefitted OWNER of a Benefitted Parcel, or any portion thereof, his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefitted Parcel. At such time as a Benefitted OWNER, or its agent or representative, annexes and/or subdivides a Benefitted Parcel, or any portion thereof, or subdivides the Benefitted Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the CITY shall collect from such Benefitted OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefitted Parcel. No Benefitted Parcel which is a part of a subdivision (whether by plat 9-2 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OL KF1AN D E RSO NAN N EXATI ONAG R.DOC 05/1/01 or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefitted Parcel has fully paid the applicable Recapture Costs, owed by such Benefitted Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefitted OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and/or the CITY may sue any Benefitted OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefitted Parcel and the collection of any Recapture Costs therefor. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefitted Parcel is in addition to such other CITY fees and charges. �-3 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 05/1/01 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefitted Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefitted Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefitted Parcel, shall become null and void and of no further force and effect as to such Benefitted Parcel. 9. LIEN. The recordation of this Agreement against the Benefitted Properties shall create and constitute a lien against each Benefitted Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefitted Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefitted Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefitted Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be 9-4 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 05/1/01 deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, II 60560 Fax: (630) 553-8330 with a copy to: John Wyeth, Esq. Suite 380C 300 E. 5th Avenue Naperville, II 60563-3181 Fax: (630) 355-4390 If to OWNER JS & WD Development, L.L.C. and/or DEVELOPER: 605 Lindsay Circle North Aurora, IL. 60542 Attn: Mary E. Krasner Fax: (630) 966-1006 with a copy to: Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefitted Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be �-5 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF ANDERSONANNEXATIONAGR.DOC 05/1/01 deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceaibility: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. �-7 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\O LKF\AN D ERSONAN N EXATI ONAG R.DOC 10/17/2005 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: W & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: A—i C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKF\ANDERSONANNEXATIONAGR.DOC 10/17/2005 EXHIBIT "K" Yorkville Community Unit District 115. A-1 C:\DOCUMENTS AND SETTINGS\LIZ\LOCAL SETT►NGS\TEMPORARY INTERNET FILES\OLKFWNDERSONANNEXATIONAGR.DOC 10/17/2005 EXHIBIT "L" Special Tax Bond Policy A-1 C. /4 - `, s, C/1 Reviewed By: 2 - it 0a Le al ❑ City Council :,� „ g +�� Finance ■ EST. r, 1836 Engineer ■ -t 111 X City Administrator ❑ Agenda Item Tracking Number �1f =O Consultant ❑ ADM 2005-08 '�j4�E` ���� Human Resources ■ Labor Attorney ■ City Council Agenda Item Summary Memo Title: Accounting Clerk II (KNA— Senior Accounting Clerk)Revised Job Description City Council/COW/Committee Agenda Date: City Council 11/22/2005 Synopsis: This is a clean up to an existing position. The existing job description depicts human resource job functions which are now being handled by the Payroll/Benefit Specialist position. Council Action Previously Taken: Date of Action: None Action Taken: Item Number: Type of Vote Required: Simple majority Council Action Requested: Approval Submitted by: Traci Pleckham Finance Name Department Agenda Item Notes: Minor comments from the labor attorney have been added. A track changes and a clean copy of the job description has been provided. COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2005- A RESOLUTION APPROVING THE REVISED JOB DESCRIPTION FOR THE POSITION OF SENIOR ACCOUNTING CLERK (FORMERLY KNOWN AS "ACCOUNTING CLERK II/HUMAN RESOURCE CLERK") IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS,the Mayor and City Council of UNITED CITY OF YORKVILLE, after careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to create the position of Senior Accounting Clerk; and WHEREAS, the job position for Senior Accounting Clerk will have the duties and responsibilities as set forth in the attached job description(Exhibit"A"); and WHEREAS,this job position will supplant the position of Accounting Clerk II/Human Resource Clerk, due to the transfer of the human resource job function to the Payroll/Benefit Specialist job position, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE POSITION OF SENIOR ACCOUNTING CLERK IS HEREBY CREATED, SUPPLANTING THE CURRENT POSITION OF ACCOUNTING CLERK II/HUMAN RESOURCE CLERK. Said position will be directed by and report directly to the Finance Director. The job description for said position is attached hereto and is made part hereof as Exhibit"A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. Page 1 of 2 PAUL JAMES MARTY MUNNS JASON LESLIE WANDA OHARE VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO 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. CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 630-553-8570 Page 2 of 2 DRAFT UNITED CITY OF YORKVILLE SENIOR ACCOUNTING CLERK Department: Administration Reports to: Finance Director Status: Full Time; non-exempt Positions Supervised: Non; _-- Deleted: (?) J Salary Range Administrative Support Staff Position Description Overview This individual will work under the direction of the Finance Director. This position will perform professional level accounting duties and apply technical skills to the maintenance and reporting of the City's financial transactions. Job Functions 1. Analyze and maintains general ledger accounts,prepares and posts journal entries, and monitors revenues and expenditures. 2. Maintains debt service information; processes loan payment checks based on payment dates. 3. Coordinates rate requests for banking services and keeps banking records up to date. 4. Assist Finance Director and Department Heads with the annual budget process. 5. Review and prepare monthly budget reports. 6. Reconcile daily/monthly: Accounting system transaction entries,bank statements,fund conditions, and transfers. 7. Prepare monthly and annual treasurer's reports to be provided to the City Treasurer for review. 8. Assist with accounts receivable processing. 9. Oversee accounts payable process and prepares filling of annual W9 and 1099 forms. 10.Manages petty cash; manages city charge accounts per purchase order policy. 11.Retains, maintains,and processes all accounting records and filings. 12.Maintains the fixed asset records for all city property per GASB34 requirements. 13.Coordinates annual audit process. 14.Maintains and audits accounting records for Motor Fuel Tax. DRAFT 15.Assist with the development of the Accounting Procedure Manual and ongoing reviews and updates as directed. 16.Coordinates risk management process, maintains property and liability files,files general and vehicular liability claims with insurance companies,monitors claims and pursues collection reimbursement for repairs. 17.Secondary support when necessary for other areas within the Finance Department. 18.Other duties as directed by the Finance Director. Requirements 1. Knowledge of accounting practices,procedures, and office terminology necessary to perform accounting functions. 2. Ability to utilize the City's accounting software. 3. Strong analytical and communication skills. 4. Ability to work under pressure with frequent interruptions. 5. Ability to understand department priorities and adjust work activities to meet them. 6. Ability to operate in a multi-task environment. 7. Ability to operate a `.-arietJ of office equipment. tnciudin't but not to computer, r t',pewIite„ Dopier, tax. scanner. and calculator. , lt11 minimal super,"inion, � Deleted:Ability to operate a variety of office equipment including a typewriter, 1 word processor.facsimile machine.and 8. Ability to maintain strict confidentiality. calculator. Experience and Education 1. Minimum of four(4)years accounting finance experience, municipal accounting/finance experience preferred. =. Bachelors Degree in accounting, finance,or business related field .. _,ny equivalent - Formatted:Numbered+Level: 1+ Numbering style: 1,z,3,...+start combination of experience and education that provides the required knowledge, skills,and . ` , at:1+Alignment:Left+Aligned at: abilities in `T discretion 0.25"+Tab after: 0.5"+Indent at: 0.5" 3. Must have successfully completed a background investigation. Deleted:.41 41 1 The duties listed above are intended only as an illustration of the various types of tasks that may be I required and are not exhaustive. The omission of specific statements of duties does note exclude them from the position if the work is similar,related,or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and the I employee,and is subject to modification?t the discretion of the employer as the needs of the -I Deleted:by j employer and/or agency change, or requirements of the position change. CHI 10982719.1 DRAFT UNITED CITY OF YORKVILLE SENIOR ACCOUNTING CLERK Department: Administration Reports to: Finance Director Status: Full Time; non-exempt Positions Supervised: None Salary Range Administrative Support Staff Position Description Overview This individual will work under the direction of the Finance Director. This position will perform professional level accounting duties and apply technical skills to the maintenance and reporting of the City's financial transactions. Job Functions 1. Analyze and maintains general ledger accounts, prepares and posts journal entries, and monitors revenues and expenditures. 2. Maintains debt service information; processes loan payment checks based on payment dates. 3. Coordinates rate requests for banking services and keeps banking records up to date. 4. Assist Finance Director and Department Heads with the annual budget process. 5. Review and prepare monthly budget reports. 6. Reconcile daily/monthly: Accounting system transaction entries, bank statements, fund conditions, and transfers. 7. Prepare monthly and annual treasurer's reports to be provided to the City Treasurer for review. 8. Assist with accounts receivable processing. 9. Oversee accounts payable process and prepares filling of annual W9 and 1099 forms. 10. Manages petty cash; manages city charge accounts per purchase order policy. 11. Retains, maintains, and processes all accounting records and filings. 12. Maintains the fixed asset records for all city property per GASB34 requirements. 13. Coordinates annual audit process. 14. Maintains and audits accounting records for Motor Fuel Tax. DRAFT 15. Assist with the development of the Accounting Procedure Manual and ongoing reviews and updates as directed. 16. Coordinates risk management process, maintains property and liability files, files general and vehicular liability claims with insurance companies, monitors claims and pursues collection reimbursement for repairs. 17. Secondary support when necessary for other areas within the Finance Department. 18. Other duties as directed by the Finance Director. Requirements 1. Knowledge of accounting practices, procedures, and office terminology necessary to perform accounting functions. 2. Ability to utilize the City's accounting software. 3. Strong analytical and communication skills. 4. Ability to work under pressure with frequent interruptions. 5. Ability to understand department priorities and adjust work activities to meet them. 6. Ability to operate in a multi-task environment. 7. Ability to operate a variety of office equipment, including but not limited to computer, typewriter, copier, fax, scanner, and calculator, with minimal supervision. 8. Ability to maintain strict confidentiality. Experience and Education 1. Minimum of four (4) years accounting finance experience, municipal accounting/finance experience preferred. 2. Bachelors Degree in accounting, finance, or business related field or any equivalent combination of experience and education that provides the required knowledge, skills, and abilities in the discretion of the Finance Director. 3. Must have successfully completed a background investigation. The duties listed above are intended only as an illustration of the various types of tasks that may be required and are not exhaustive. The omission of specific statements of duties does note exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and the employee, and is subject to modification at the discretion of the employer as the needs of the employer and/or agency change, or requirements of the position change. CHI 10982719.1 DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,OCTOBER 25,2005. Mayor Prochaska called the meeting to order at 7:01 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and City Intern Olson. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,November 7,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,November 17,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,November 3,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,November 10,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS None. PUBLIC HEARINGS Raintree Village II Special Service Area 2004-107 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Raintree Village II Special Service Area 2004-107. So moved by Alderman Wolfer, seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye David Ihle from Concord Homes addressed the City Council. He explained this SSA would be for the southern section of the development and would cover public improvements such as sewers,roads,public lands,etc. The total amount of the bond will be$9,409,510.00 with amount for the public improvements being$6,690,094.00. The Minutes of the Regular Meeting of the City Council—October 25,2005—page 2 Mayor Prochaska opened the floor for public comment. John Butler a resident of Raintree Village inquired about the difference in the total amount for the bond versus the amount for public improvements. Kevin McCanna,from Spear Financial(the City's bond consultants),explained the difference. A portion of the bond issue will be used for construction(approximately$7 million)while 10%will be placed in a reserve debt service account(approximately$1 million). He further explained that while the debt service reserve is borrowed,it earns interest which is used to lower the annual payments and to make the final payment of the bond. Also interest will be capitalized for two years(approximately$1 million) to make sure there is no tax bill until the house is built. Mr.Butler asked if the details of the SSA will be posted so that residents could investigate it further and try to understand it. Mr.McCanna stated that the amounts would be detailed in the bond documents when it was finalized and this information would be available at the City offices in a day or two. Mr.Butler asked what the duties of David Taussig&Associates were and Mr.McCanna explained that they were hired by the City to do an annual report on the SSA. Mr.Butler commented that it seemed that when compared to a normal issuance of bonds,SSA's are an inefficient means of financing the infrastructure. He questioned why a company like Lennair needs to finance the construction through an SSA when they are capable of funding the infrastructure themselves. He questioned the thirty-year burden placed on homeowners for this mechanism and suggested that it would be better for the developers to charge the appropriate amount for the houses to cover the costs. There were no other public comments. Mayor Prochaska opened the floor for City Council comment. Alderman Spears asked Mr.Butler if he was aware of the SSA when he purchased his house.He explained that he did but he did not have a lot of information regarding SSA's. He stated that he did not have a problem with the SSA on his property however he has further researched them since his purchase and feel they are inefficient. Alderman Spears noted that some members of the City Council are against SSA's. Mr.Butler also commented that the public notice for the hearing did not clarify the areas that eh SSA affected. He stated that he spoke with Director Pleckham who was very helpful and clarified the public notice for him. Alderman Ohare questioned why Mr.Butler bought a house with an SSA considering his concern with it. Mr.Butler stated he accepts the fact he has an SSA and his consumer decision was based on the cost of the house. He bought a good house at a lower initial cost and with higher than average taxes which was a good decision for him. However,he felt that the infrastructure for the development could be attained without the need for an.SSA and that the SSA was a marketing ploy. Alderman Leslie asked if this marketing ploy factored into Mr.Butler's purchase of his house. Mr.Butler stated that it did not. Mr.Butler explained that his SSA amount is not part of his escrow account so he had to calculate how this affected his budget so that he could set this amount aside. He questioned what the benefit of the SSA was to the entire City when Lennair has the funds to construct the infrastructure. City Treasurer Powell agreed with Mr.Butler that SSA's require education on the part of real estate agents,tax assessor,homeowners,etc. He noted that there is a cost to financing the infrastructure and this is passed down to the home buyer. He commented that the lower cost of the house allows some buyers to purchase more home than if they bought one without an SSA and that the buyer has the right to pay the SSA assessment upfront when the home is bought. He felt there SSA's have a place in Yorkville as well as other communities as long as the buyers are aware of what they are committing to. Alderman Burd commented that the Economic Development Committee would be having further discussion regarding SSA's at their meetings. Alderman Burd stated that the Committee would like to discuss SSA's with the public because they are looking for the downside of SSA's because all they hear are positive things. She stated she would like to talk with resident's who have SSA's to hear their reaction to them. She questioned that if the SSA can be paid off in the beginning why is an extra layer needed.She stated that the realtors she has spoken with are against SSA's because they lead to more bankruptcies and foreclosures.She felt they should be looked at from the resident's angle not the developer side. The Minutes of the Regular Meeting of the City Council—October 25,2005—page 3 Mayor Prochaska and Alderman Munns noted that this will be on the Economic Development Committee meeting agenda November 17,2005 and invited anyone with questions to attend. Mayor Prochaska stated that Mr.Butler made a strong argument however he would like to see the information that he based it on. He asked if Mr.Butler would provide Director Pleckham with the information so the City Council could use it to look at SSA's in a different way. Mr.Butler agreed to pass his information on to Director Pleckham. He commented that the first homebuyer of the property has a large burden placed on him and he could see where people could get in over their heads. He was surprised that more residents did not show up to discuss this tonight however he felt the confusion of the public notice might have deterred them.He again thanked Director Pleckham for her assistance in this matter. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Ohare;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye CITIZEN COMMENTS Paul Burd,300 E.Hydraulic,addressed the City Council.He stated that at the last City Council meeting it was implied and reported that there might be something improper and maybe illegal concerning where he and his wife Alderman Burd live in regards to the downtown TIF district. He stated he wanted to comment on this and set the record straight. He explained that he and Alderman Burd purchased the property in question in 1988 and it was not in any previous City plans. He further explained that originally the property consisted of the brick factory building that is now townhomes,a lot on the other side of this building and the house they live in. In 1995 they sold the property and were going to move out of state. A developer offered to purchase the property and part of the purchase contract was to rezone from manufacturing to multifamily. The property was rezoned and all three parcels fell under a Planned Unit Development Agreement. He stated that at the time most of the City Council voted for the rezoning and PUD. He noted that Mayor Prochaska voted against it at the time and Mayor Prochaska stated he thought he was the only one who voted against it.Mr.Burd stated that through some events,he and Alderman Burd regained possession of their house and the eastern lot but not the factory building. Other than this nothing has changed since 1995. He stated that there is nothing improper with Alderman Burd living there. He further noted that the Facade ordinance does not affect them as its boundary ends at Mill Street. He stated that if the property is sold,he hopes to make money on it after living there all these years and working on the house which is just what any homeowner should expect. CONSENT AGENDA 1. Monthly Treasurer's Report for August 2005 2. Resolution 2004-71—Adopting Recommended Plan to Implement Governance Enhancements as Proposed by Dr.Curt Wood and Dr.Gerald Gabris-authorize the Mayor and City Clerk to execute 3. Bruell Street Sanitary Sewer—Shed Replacement—authorize purchase of tool shed from Shedcraft&Decks,Inc.in an amount not to exceed$7,281.00 4. Rob Roy Creek Interceptor Contract 3—Change Order#2—authorize increase in an amount not to exceed$244,359.50,funding from the Yorkville-Bristol Sanitary District Infrastructure Participation Fee 5. Recreation Office Internet Contract—approve 24 month contract with SBC at$36.99 per month with no modem cost 6. Water Department Reports for July 2005 7. River's Edge Unit 1—Letter of Credit Expiration—authorize the City Clerk to call Letter of Credit should it become necessary 8. 2005 Joint&Crack Filling-Change Order#1-authorize increase in an amount not to exceed$3,330.63 and authorize Mayor to execute 9. Rob Roy Creek Interceptor Contract#3—authorize a ninety day time extension to March 1,2006 and authorize City Engineer to execute 10. Kylyn's Ridge Unit 1—Old Second Letter of Credit#15367—Reduction#4- authorize reduction in an amount not to exceed$244,577.31 11. Kylyn's Ridge Unit 2—Old Second Letter of Credit#15540—Reduction#3- authorize reduction in an amount not to exceed$81,676.68 12. Castle Bank-Letters of Credit No.606&No.607 Kylyn's Ridge Unit 1—Reduction #4-authorize reduction in an amount not to exceed$244,577.31 13. Fox Hill Unit 7 Letters of Creditl—Reduction#4-authorize reduction of Old Second Letter of Credit#15716 in an amount not to exceed$3,420.00 and authorize The Minutes of the Regular Meeting of the City Council—October 25,2005—nage 4 14. reduction of Old Second Letter of Credit#15804 in an amount not to exceed $285,355.40 15.Resolution 2005-72—IDOT Highway Permit and Resolution—Heartland Center- authorize City Clerk to execute 16. Resolution 2005-73—IDOT Highway Permit and Resolution—McVickers Development-authorize City Clerk to execute 17. Final Acceptance of Heartland in Yorkville Units 1,2 and 3—accept the public improvements 18. Water Department Reports for August 2005 19. Resolution 2005-74-Fox Industrial Park Project—Supplemental MFT Appropriation Resolution-authorize City Clerk to execute 20. In-town Drainage Improvements-Change Order Nos.8-11—authorize the total increase in an amount not to exceed$27,392.00(No.8-$4,242.00,No.9- $11,120.00,No.10-$3,015.00 and No. 11-$9,015.00)and authorize the Mayor and City Clerk to execute 21. Rob Roy Creek Interceptor Contract 5—Temporary Easement-authorize Mayor to execute 22. Rob Roy Creek Interceptor Contract 4—Bid Results-award to D.Construction,Inc. in an amount not to exceed$1,495,900.00,funding in accordance with the Yorkville- Bristol Sanitary District Intergovernmental Agreement 23. Resolution 2005-75—IDOT Highway Permit and Resolution—Raintree Village Route 126 Improvements—authorize Mayor and City Clerk to execute 24.Nextel Second Line Option—approve implementing second line option Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Besco;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Leslie-aye,Munns-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the City Council meetings of September 13,2005 and September 27,2005 and the Committee of the Whole meeting from August 16,2005;seconded by Alderman Besco. Alderman Leslie stepped out of the meeting during this vote. Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed Board Report dated October 14,2005 totaling the following amounts:checks in the amount of $689,180.25(vendors);$183,141.74(payroll period ending 10/1/05);for a total of$872,321.99 seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Ordinance 2005-87 Amending and Restating Ordinance 2005-77 Vacating Scott Road Mayor Prochaska entertained a motion to approve an ordinance amending and restating Ordinance 2005-77—Vacating Scott Road. So moved by Alderman Besco;seconded by Alderman Ohare. City Attorney Wyeth noted that one of the owner's names was omitted from the original ordinance. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye The Minutes of the Regular Meeting of the City Council—October 25,2005—pane 5 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT City Treasurer Powell reported that the Annual Treasurer's Report for Fiscal Year 2004/2005 would be published on October 27,2005 in the Kendall County Record. It has also been filed with the City Clerk's office and will be filed in the Kendall County Clerk's office. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Façade Committee Alderman Burd reported that she attended the Facade Committee meeting where they approved the payment of$5,130.50 to Bob Dearborn for the garbage enclosure at 213 Bridge Street. She also stated that she would be working on an amendment to the Facade Program ordinance. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2005-76 Bristol Bay SSA Resolution Declaring Official Intent A motion was made by Alderman Ohare to approve a resolution declaring official intent regarding Special Service Area Number 2005-109,Bristol Bay I as presented;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-4 Nays-3 Leslie-aye,Munns-aye,Ohare-aye,Spears-nay,Wolfer-aye,Besco-nay,Burd-nay Ordinance 2005-88 Rob Roy Creek Bond Ordinance A motion was made by Alderman Ohare to approve an ordinance authorizing and providing for the issue of not to exceed$12,000,000.00 General Obligation Bonds(Alternate Revenue Source) Series 2005D,of the United City of Yorkville,Kendall County,Illinois,for the purpose of financing the construction of a sanitary interceptor sewer and related improvements,prescribing all of the details of said bond,and providing for the collection and segregation of the revenues sufficient to pay such bonds as presented;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye,Leslie-aye,Munns-aye The Minutes of the Regular Meeting of the City Council—October 25,2005—page 6 ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing: 1. The purchase or lease of real property for the use of the public body. 2. For the appointment,employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. He asked that the City Clerk Milschewski,City Attorney Wyeth,Director of Public Works Dhuse,Finance Director Pleckham and City Intern Olson be included. He noted that no action would be taken after the session. The City Council entered into executive session at 7:50. The City Council returned to regular session at 8:19 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Ohare;seconded by Alderman Burd. Motion approved by a viva voce vote. Meeting adjourned at 8:19 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 8,2005. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Present Ward II Burd Present Wolfer Absent Ward III Ohare Present • Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and City Intern Olson. OUORUM A quorum was established. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing: I. 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. 2. The purchase or lease of real property for the use of the public body. He asked that the City Clerk,City Treasurer,City Attorney,City Intern and John Crois be included in the session. • . So moved by Alderman Besco;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Spears-aye The City Council entered into executive session at 7:05 p.m. The City Council returned to regular session at 7:20 p.m. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,December 5,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,November 17,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,December 1,2005 City of Yorkville Conference Room 800 Game Farm Road inn The Minutes of the Regular Meeting of the City Council—November 8,2005—page 2 Public Safety Committee 7:00 P.M.,Thursday,November 10,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Building Permit Report for August and September 2005 2. Resolution 2004-77—Routine IDOT Highway Permit and Resolution—Old Castle Bank—Entrance to Route 34-authorize City Clerk to execute 3. Agreement for Bike Path Easement for Grande Reserve- authorize the Mayor and City Clerk to execute 4. Resolution 2005-78—Approving the Final Plat of Subdivision for Prestwick of Yorkville Unit 1-authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Leslie;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Leslie-aye,Munns-aye,Spears-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the City Council meeting of October 11,2005,the Special City Council meeting of August 30,2005 and the Committee of the Whole meeting from August 30,2005;seconded by Alderman Leslie. Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed Board Report dated October 28,2005 totaling the following amounts:checks in the amount of $1,389,904.25(vendors);$160,903.58(payroll period ending 10/15/05);for atotal of $1,550,807.83 seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye REPORTS MAYOR'S REPORT Employment Agreement for Interim City Administrator Mayor Prochaska entertained a motion to approve the hiring of Mr.John Crois as Interim City Administrator and to approve the"Short Term Employment Agreement,Interim City Administrator"as presented. So moved by Alderman Besco;seconded by Alderman Ohare. Alderman Burd stated that she was excited about Mr.Crois coming on board and she welcomed him to the United City of Yorkville. Mayor Prochaska stated that he looked forward to working with Mr.Crois. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye The Minutes of the Regular Meetine of the City Council—November 8,2005—page 3 State Street Watermain—Davis Grant of Easement Mayor Prochaska entertained a motion to approve the"Grant of Permanent Easement,Watermain Easement Agreement"as presented. So moved by Alderman Leslie;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye Tax Levy Ordinance Schedule Mayor Prochaska reported that in an effort to keep everyone informed,the City Council should have received the Tax Levy Ordinance Schedule in their packets. City Hall Veteran's Day Schedule Mayor Prochaska reported that due to the Veteran's Day holiday on November 11,2005, Committee of the Whole packets will be distributed on Thursday,November 10,2005. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth went over the updated"Desk Guide"of the Robert's Rules(see attached). He recapped main and subsidiary motions and went on to list the five privileged motions which do not relate to pending business but pertain to special matters of immediate and overriding importance. He noted that he would be going into more detail regarding the privileged motions at future meetings. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT Chief Martin reminded everyone that there was a tornado watch until 1:00 a.m.the next morning along with a severe thunderstorm watch until 3:00 a.m.the next morning. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Library Expansion Report Tom Lindblom addressed the City Council with a progress report for the library expansion. He reported that as he is overseeing the expansion,he is compiling a scrap book of events which is available at the library's front desk. He reported that the Library Board brought him on board as a liaison between the Board and the contractors. The first thing he did was to develop a schedule for bid documents,awarding the contract,etc. He stated that there has only been one glitch in the schedule due to a ten day delay with a bid opening due to some last minute changes from the architect. The formal bid opening was on August 29,2005. Eleven general contractors submitted bids and the project was awarded to Henry Brothers of Hickory Hills who is currently in the process of finding subcontractors. On October 18,2005 the formal ground breaking was held and the next day they began moving dirt. He explained that there are two parts of this project;one is the addition to the current library and the other is a detention pond on the south side of Yorkville High School. The detention pond is being made larger to accommodate water run-off from the library and the future Game Farm Road reconstruction. The work on the detention pond is partly done and the fill from the detention pond is being used to create the pad for the library addition. The Minutes of the Regular Meeting of the City Council—November 8,2005—page 4 Mr.Lindblom reported that construction began at the west wall and is moving clockwise. The west and north footings have been poured and the east footings have been formed and are scheduled to be poured tomorrow depending on the weather. The west foundation wall has also been formed. Mr.Lindblom asked the City Council if they had any questions and stated he would be happy to come back in the future with further updates. Mayor Prochaska stated that he would like Mr.Lindblom to come back in the future because he is very informative and this helps keep the Council aware of the progress. Mr.Lindblom stated that he was also pleased to report that the Library has received great cooperation from various groups such as the City staff,School District,etc. Alderman Besco asked if all the soil from the detention pond was being used. Mr.Lindblom stated that not all the soil will be used and there have been people who have asked for the fill including a contractor in Oswego who is willing to haul it away. Senior Providers Alderman Spears reported she attended the Senior Providers meeting on November 1,2005. Items discussed were: o The Kendall County Emergency Response Department program for evacuating homebound individuals in the event of an emergency situation. A Special Needs Advisory Panel is being developed to help identify the individuals who are unable to get out of their home unassisted within a one hour time span. Ted Joyce from the department attended and spoke to the group. o The Kendall County Emergency Response Department is looking for volunteers for an exercise being held on November 17,2005 from 1:00 to 4:00 p.m. The exercise will be held at the Kendall County Heath Department and will involve a drill for distributing mass antibiotics. Volunteers are needed to be"victims". Anyone interested should contact Mr.Joyce at the Kendall County Heath Department. o The 171h Annual Kane County Legislative forum addressing various senior issues is being held on December 2,2005 from 9:00 to 11:00 a.m.in St.Charles,Illinois. o Identa Austin has been selected to be a representative to the Illinois White House Conference on Aging next month. She is one of thirty-five chosen in Illinois. Metro West Meeting Mayor Prochaska reported that he attended his first Metro West meeting where issues of water supply and legislative concerns were discussed. He reported that Engineering Enterprises Inc. (EEI)also attended the meeting. Also,Metro West has a legislative committee available to investigate legislative issues for the communities in the group. Kane/Kendall Council of Mayors Mayor Prochaska reported that he attended the Kane/Kendall Council of Mayors where a representative(Marilyn Michelini of Montgomery)was chosen to sit on the Chicago Area Transportation Study(CATS)board. This is the group affiliated with the grant for improvements on Game Farm Road. Prairie Parkway Mayor Prochaska reported that he met with some of the members of the Prairie Parkway team. He stated that the Kendall County Mayors and Manager group of which he was a member is being disbanded and it is being replaced with an advisory group consisting of the county board chairmen from Kane,Kendall and Grundy Counties and all the mayors for all the communities along the parkway which includes Yorkville. He reported that there are now two routes being considered and he stated that he would keep the Council advised of any new information. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—November 8,2005—page 5 ADDITIONAL BUSINESS Alderman Besco thanked the Public Works Department for their work with the leaf vacuum. He stated that he has received a lot of positive comments from the public regarding this.Mayor Prochaska agreed with Alderman Besco and reported that he received a voice mail before the meeting from a citizen expressing his pleasure with the service being provided. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 11 IDRAF]1 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Tuesday, September 20, 2005 City Conference Room 7:00 p.m. In Attendance: Art Prochaska—Mayor John Wyeth—City Attorney Valerie Burd-Alderwoman Eric Dhuse—Public Works Director Paul James - Alderman Traci Pleckham—City Finance Director Wanda Ohare- Alderwoman Tony Graff—City Administrator(7:10 to 7:30pm) Jason Leslie, Alderman Laura Brown—Executive Director Parks & Dean Wolfer- Alderman &Rec Rose Spears —Alderwoman Bart Olson—Deputy Clerk Joe Besco—Alderman Bill Powell—City Treasurer Lynn Dubajic—Director Economic Development Guests Allecia Vermillion—Beacon News Kathy Farren—Kendall County Record Nicole Ohare Wesoloski Pete Huinker Phil Stuepfelt Cecelia Sanders Identa Austin Curt Wood Sandy Adams Chuck Byrum Matt Cudney Gary Meyer John Whitehouse Mayor Prochaska said that the senior issues on the agenda would not be discussed at this meeting. He then called the meeting to order at 7:47pm following the Executive Session. PUBLIC HEARINGS: None PRESENTATIONS: 1. Dr. Curt Wood— Council Procedures/City Administrator Position Dr. Curt Wood of NIU was present to serve as an advisor to develop plans to replace the City Administrator and hire an interim Administrator. He outlined the options for an interim Administrator as follows: 1. Authorize the Mayor to serve as the City Administrator 2. Hire a City staff person 3. Hire a local person with knowledge of the City government Page 2 of 11 4. Hire professional administrator who works with the ICMA Range Rider program (Range Rider locates former administrators who are in transition who essentially work on a volunteer basis) Dr. Wood said he and Dr. Gabris (also of NIU) recommended the Range Rider option for the following reasons: 1. There is no charge for the program 2. Provides professional management 3. Administrator can assist Council in developing ordinance for the position 4. Can assist the administrative and legislative task forces Dr. Wood said the procedure that should be followed in selection of an interim person should be a nomination by the Mayor with approval by City Council vote. Another priority, he said, should be the establishment of an ordinance before the permanent selection process begins since a prospective candidate will want an ordinance in place. This ordinance should be created by the Mayor and Council rather than the Administrative Task Force. He noted that a model ordinance had been provided. The next priority, according to Dr. Wood, is to approve by resolution, a governance implementation plan at the next regular meeting. He also recommended two task forces: legislative and administrative after the ordinance has been approved. The legislative task force should do the following: 1. Re-design of current committee system 2. Create governance ordinance The administrative task force should concentrate on the following points: 1. Develop communication mechanism between Administrator and Council 2. Find ways to free up time for Administrator to supervise staff and develop communication with staff 3. Re-design Administrator's annual performance appraisal process Dr. Wood outlined the last priority for the Council for hiring a permanent Administrator. He said this should be done in-house and that the City should hire a professional consultant to coordinate the process. The Council should work with the Range Rider program for technical assistance. If the Range Rider program were to be used throughout the entire process, then a charge would be assessed. It was noted by Dr. Wood that the potential interim Administrators from Range Rider might be retired or some might be seeking positions. Some committee members said they felt that the interim person should be a retired person and not seeking a permanent position. It was also suggested the interim person should be someone who is familiar with a community the size of Yorkville. Page 3 of 11 It was decided that Mayor Prochaska would bring forth a potential candidate for approval by the Council. The ordinance will be formulated from the drafts provided and from other examples available. Dr. Wood said the Council should consult the City Attorney for any revisions to the model consistent with Yorkville's form of government. The Mayor said he would like some drafts of the ordinance available for the next C.O.W. meeting so that further discussion can take place. Recommendations for the legislative process committee were: Val Burd-Chairman and Wanda Ohare-Vice-Chair and other members-Joe Besco, Jason Leslie. City staff would include City Administrator and also Dr. Wood. Recommendations for the administrative task force were as follows: Mayor Prochaska as Chairman, Rose Spears as Vice-Chair with other members-Paul James, Dean Wolfer and Marty Munns. City staff would include City Administrator, City Intern and also Dr. Wood. These recommendations will be brought back to the October 4th C.O.W. meeting for further discussion. Dr. Wood will also be present at that meeting. Dr. Wood's presentation concluded at 8:12pm. Mayor Prochaska said he would remove item#8 from the Mayor's Report since this had already been discussed. DETAIL BOARD REPORT BILL LIST): The following items from the bill list were discussed and the resolutions are summarized: 1. Page 1: Police Department gasoline—with increased cost of gasoline, the effect on the budget will be looked at. 2. Page 9: Rental generators—these are temporary for Woodworth since Bruell Street station is completed. 3. Page 14: Stainless steel water cooler Beecher building drinking fountain replacement 4. Page 21: police car M4 &M13 (two M13's were shown) 5. Page 1: Building&Zoning/Schramm Planning—front-funding is in annexation agreement, if not passed, will be billed back. 6. Page 9/10: employees taking courses, Alderwoman Spears would like to see names. Was in-house seminar. 7. Page 13: Business cards for Julie Ciesla who is an Accounting Clerk 8. Page 17: Nicor- 890--gas used at well house This list will moved to City Council for approval. Page 4 of 11 ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. Treasurer's Report for July 2005—Admin 9/1/05 This report was as of July 31St and Treasurer Powell reported that there was over $10 million at the beginning of the month. Expenditures were approximately$3 million with an ending balance of $13,613,718.77. The Combined Fund Balance reserve is at 28%. Alderwoman Ohare complimented Mr. Powell on a good job. This item moves to the consent agenda. MAYOR: 1. Kendall County Ordinance Adopting and Implementing Agricultural Conservation Easement and Farmland Protection Program— COW 9/6/05 Mayor Prochaska recommended a resolution of support for this program. Alderman Besco asked for clarification on the makeup of the commission members. The Mayor applauded this program for conservation areas and open space etc. Attorney Wyeth will draft the resolution. This moves to the consent agenda. 2. Invitation to Join Metro West Council of Government—COW 9/6/05 This is a council of government from the western suburbs, Kane, Kendall and DeKalb Counties to join forces for a stronger voice pertaining to issues that impact this area such as the cable consortium. There is a$3,500 fee that is based on the population. Alderman Burd felt this was a good opportunity to gather more information on specific issues and Mayor Prochaska recommended that the City join this group. There was a brief discussion on the growing population and whether the fees would be affected by that growth. Attorney Wyeth said a motion would be needed to join this group and the fee will be written into the motion. This will move to the City Council consent agenda and Mayor Prochaska will send a memo to the aldermen to advise them of the revenue source of the fee. 3. Revised Senior Facility Use Agreement Update— CC 9/13/05 4. Agreement with Salvation Army Golden Diner's Nutrition Program 5. Agreement with Community Nutrition Network &Senior Services Association of Cook County Above items tabled due to Executive Session 6. Review Process to Purchase Downtown Post Office Building Update The City has been included on a list of interested parties for possible purchase of the downtown post office and information will be sent to the City in October. Page 5 of 11 7. Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process A scope of work will be forthcoming possibly by October 4th, from Lisa Lyons, the qualifying TIF consultant. A contract will be approved after the scope of work is received. Alderwoman Burd commented on an article from The Beacon News dated September 20. She was aware the TIF would be discussed tonight so she contacted Attorney Kathleen On since Ms. Burd is a property owner in the TIF area. She stated she would not be participating in these discussions. This item will be brought back to a future C.O.W. 8. City Administrator Replacement Not discussed 9. Part-time Employees Exceeding 1000 Hours Administrator Graff noted that Chief Martin was unable to attend this meeting tonight as he was called away for possible assistance in anticipation of a hurricane in the southern states. Mr. Graff said there were two issues to be discussed: a.) The employee handbook states that a part-time employee cannot work over 1,000 hours in a calendar year b.) Two part time employees have exceeded those hours for the year: one is a part-time police officer and the other is the administrative intern The employee manual states that City Council permission is required for hours greater than 1,000. Mr. Graff said these hours will be tracked in the future. It was noted that those employee could be eligible for City benefits if the Council decided and they would be eligible for IMRF. Mayor Prochaska said he would instruct staff to begin paying IMRF on behalf of these two employees. It was noted that even though Intern Bart Olson holds two positions,he is considered"one" employee by IMRF. Mayor Prochaska also would like the Administration Committee to explore the possibility of a full time assistant to the Administrator. Ms. Spears added that NIU recommended delaying the selection of an assistant until the new Administrator was in place,however,the Mayor said he would like an assistant on board to work with the interim person. The Council will move forward with that suggestion. This matter moves to the consent agenda. Page 6 of 11 CITY ATTORNEY: 1. Heartland Circle Subdivision—Bollweg Easement A memo from Attorney Wyeth gave the background of this item in which an easement for a stormwater facility was granted to the City from Mr. &Mrs. Michael Bollweg. Both Mr. Wywrot and Mr. Wyeth reviewed and approved the actions taken and it was recommended that this item be moved forward to the consent agenda for approval. ECONOMIC DEVELOPMENT COMMITTEE: 1. Development Agreement and Rezoning for Robert and Debra Dearborn 201 S. Main Street& 204 Hydraulic Avenue— CC 9/13/05 This agreement was late for the previous week's meeting and it was voted to move to City Council meeting in the coming week. The property owners wish to change the zoning from R-2 to B-2. This item moved to the consent agenda. 2. Del Webb Annexation and Planned Development Agreement—CC 9/13/05 Mayor Prochaska said this agreement had been through many committees already and asked if any of the Council members had questions. Alderwoman Ohare asked if all the fees had been agreed upon and Mayor Prochaska replied that the fees are set by ordinance. It was noted that because of the community's age restrictions, the developer is in discussions with the school district regarding school fees. It was suggested that a policy be in place on the use of land cash to benefit senior citizens. It was noted that land cash is based on population. Discussion turned to SSA's within this development. Mr. Cudney said his company will come to a future meeting to request an SSA. Alderwoman Spears asked if City services could adequately be provided in view of the decreased building setbacks and architecture of the development. Ms. Burd said that EEI had recommended that in areas of tight spaces such as the northwest section of the development, the streets not be considered city streets due to the potential of having to excavate for sewer/water repairs at taxpayer cost. These streets would be designated as private streets. Mr. Whitehouse added that the parkway is only 3 feet wide as opposed to the usual 13 feet. Page 7 of 11 There was a lengthy discussion concerning rights-of-way, setbacks and widths. Alderwoman Spears stated that she was not comfortable with the setbacks etc., as requested. Public Works Director Dhuse said the problems begin when one reduced setback is combined with another,though he did add that in some older parts of town, there are similar setbacks. The duplexes in the Del Webb development present the greatest problems with their reduced setbacks. The streets in these areas should be private, according to Mr. Graff and it was noted that in some other Del Webb developments the homeowners' association helps to pay for any potential repairs needed such as sewer repairs. Mr. Whitehouse said some utilities may need to be put under the pavement due to reduced setbacks and a letter of credit or bond or a backup SSA was suggested as a possible solution for paying for repairs. Snowplowing was another issue discussed. Mr. Graff asked if the developers or an independent contractor could do the snowplowing in exchange for some of the setback concessions. Mr. Cudney replied that after the community is turned over to the homeowners' association,the residents would question why they are being asked to pay twice as taxpayers. In the Del Webb communities, the driveways are also plowed for the residents and Mr. Dhuse said the private contractors in these situations often leave the snow piled in the streets. Then it becomes the City's problem with no place to put the snow. It was suggested that Yorkville's Public Works could contact the Huntley Public Works to see how they address this problem. In an effort to move this development forward, Mr. Cudney suggested coming back to these issues and a possible compromise could be reached on the remaining questions. Alderwoman Spears questioned the four-foot width of the sidewalks since the usual width is five feet. Mr. Cudney replied that the sidewalks in their developments would incur less use in their communities. Ms. Spears said the legality of accessibility for wheelchairs was an issue while on the other hand, some Plan Commission members had said they did not wish to see the sidewalks wide enough to be used by golf carts. The Mayor suggested verbage in the agreement that would suggest solutions being used in other developments. He asked Mr. Cudney to come back with some answers on how the snow-plowing is addressed and asked for the revisions to the agreement to be returned by the coming Friday. Page 8 of 11 PARK BOARD: No report. PUBLIC WORKS COMMITTEE: 1. 129 Commercial Drive–Sidewalk Agreement–PW 8/22/05 2. Cannonball Run Plaza–Sidewalk Agreement–PW 8/22/05 3. XPAC–Sidewalk Agreement–PW 8/22/05 4. State Street Watermain–IDOT Highway Permit–PW 8/22/05 5. Cannonball Estates Phase 1–Letter of Credit Reduction #5 PW 8/22/05 6. Cannonball Estates Phase 2–Letter of Credit Reduction #4 PW 8/22/05 7. Raintree Village Unit 5–Earthwork Letter of Credit Reduction #1 PW 822/05 The Mayor and Alderman Besco said that the first seven items could move to the consent agenda. Alderwoman Spears asked what remained on the punchlist for item#6—Cannonball Estates, Phase 2. Significant headway is being made on this item according to Joe Besco and the letter of credit more than adequately covers the remaining items. 8. Route 47 Widening–Jefferson Street–PW 8/22/05 a. Schoppe Design Associates Proposal for Planning and Design Services PW 8/22/05 A suggestion had been made that perhaps the costs could be reduced by IDOT since not all dirt would be removed. Mayor Prochaska said that Schoppe's proposal would require an inter-governmental agreement with the County since funding would come from both the County and the City. A resolution would be required for this agreement according to Attorney Wyeth and it could move to the consent agenda. 9. EEI Consulting Agreement for Fox Road Regional Stormwater Study– PW 8/22/05 Mr. Whitehouse said this study was suggested by Mr. Wywrot due to drainage issues near the Fox Glen subdivision on the north side of Fox Road. This study would be subject to developer funding. A reduced release rate would be explored and the study would be done comprehensively rather than for individual developments. It is hoped to do this before the entire area is fully developed. This will move to the consent agenda subject to front-funding by developers. 10. Final Acceptance of Street Lights in Heartland Circle–PW 8/22/05 The punchlist for the street lights has been accepted, however, a legal interpretation will be needed on the warranty and Attorney Wyeth will provide a memo next week. This item moves to Public Works. Page 9 of 11 11. Results of Sale of Public Works' Vehicles& Equipment—PW 8/22/05 Public Works Director Eric Dhuse recently sold some equipment and the funds will go to the capital funds for Public Works. He looks at the Kelley Blue Book to determine current pricing. The winning bids were brought to this meeting so that they could be moved forward to City Council for approval. This item will be on the consent agenda. 12. Emergency Vehicle Pre-Emption Equipment—PW 8/22/05 This equipment is for emergency equipment and includes a flashing white light when emergency vehicles are proceeding through intersections. Alderman Besco said that developers will be requested to pay for this equipment as new intersections are built. The cost of installation is about$10,000 per intersection and does not include installation in vehicles. It was noted that pre-emption equipment will eventually be installed at all the intersections of Rt. 47 within the City at approximately 14 intersections. A reserve of money will be started for the Rt. 47 project and will be placed in the Engineering capital improvement fund. Liability issues were also mentioned pertaining to this equipment that would be used by both the Police and Fire Departments. This moves to the consent agenda. 13. Menard's Commercial Commons—Final Acceptance of Landscaping— PW 8-22-05 The Commercial Commons area has been landscaped and Menard's requested acceptance. Alderwoman Spears questioned the unfinished items referenced in a memo from Joe Wywrot and it was requested to have this list attached for the next week's City Council meeting. This item will be placed on the consent agenda. 14. Policy to Allow Staff to Approve Letter of Credit Reductions &Accept Public Improvements for Small Developments—PW 8/22/05 This policy was developed for the purpose of expediency for both the City and developer. It was suggested that an amount be established that could be approved without being brought before the full Council. It was recommended that the City Engineer be authorized to approve these amounts and verbage will be added that the Public Works Committee must be notified of these actions. Mayor Prochaska suggested that he should also sign off. The committee then decided that the Mayor ProTem would sign off in the Mayor's absence. Alderwoman Burd said she was not in favor of the sign-off system since the committee structure will be up for review and that no single alderman should be placed above another The policy will be revised and the draft moved to the consent agenda. Page l0of11 15. Fox Hill Unit 3—Additional Parking—PW 8/22/05 This was referred back to the Public Works Committee. 16. FE Wheaton Expansion—Plat of Easement— CC 8/23/05 This was the approval of the water easement for the water main that loops around the building. It moves to the consent agenda. 17. Fox Hill Unit 5 Lot 2—IDOT Highway Permit It is desired to make a longer turn lane at Sycamore and Rt. 34. In the new IDOT procedure, the permit must be issued to the City and the City must guarantee that the work will be done properly. This moves to the consent agenda. PUBLIC SAFETY COMMITTEE: No report. ADMINISTRATION COMMITTEE: 1. Raintree Village II—SSA Proposing Ordinance—Admin 9/1/05 This development has requested the next phase of their SSA and it was noted that this was approved in the PUD and is approved in the ordinance. The Administration Committee had recommended that this item be put on consent, however, Alderwoman Spears requested that it be on the Administration agenda for a vote. 2. Special Census Office Lease Administrator Graff had received a proposal on the former Castle Bank that would allow the City to rent space there for$2,000 per month plus $1,000 for utilities. This would be for approximately two months. Mayor Prochaska requested that in the future, a census should be done earlier since this one will be in the midst of the time change and citizens are concerned when census-takers are coming after dark. Approximately 60 persons applied for the census-taker jobs, out of the 160 applicants hoped for. This is a budgeted item and the Mayor will need to sign a"use" agreement. A certificate of insurance has been obtained. This moves to consent agenda. Page 11 of 11 ADDITIONAL BUSINESS: Alderwoman Spears said that she had received phone calls regarding the need for improvement of a park behind Pinewood Apartments near Rt. 126. Laura Brown will be asked to look into this and it was also noted that Ms. Brown and the Chief of Police have visited the site. Alderwoman Spears asked about the status of the conservation area by Blackberry Creek. There will be an upcoming Executive Session concerning this. Sunfield Restaurant and Burger King management have concerns regarding having a left turn lane near their businesses according to Ms. Spears. Mayor Prochaska responded by saying IDOT told them they needed to combine their accesses. He also said he had suggested to Mr. Graff and Mr. Olson to involve all the businesses in that area and reach a possible solution. Another possibility was to extend the road that services the area behind these businesses. The Mayor also stated that a"ring road"might be in the future when the area behind these businesses is developed and Mr. Graff explained some of the issues that IDOT has discussed with these businesses as well. Ms. Spears suggested that a frontage road be considered for each commercial development such as this in the future. A cross easement access is the best solution said the Mayor. Mayor Prochaska said he had received an application for the Human Resource committee member vacancy. That person is Madonna Bialek and he wishes to propose her name at next week's Council meeting The Mayor received several calls from residents whose sod dried up in the drought this summer and they wondered if the City could compensate them. It was noted that while there was a sprinkling ban, there was no ban against hand- watering. In addition the committee members agreed this was an act of God. Eric Dhuse reminded the committee that as of September 21st, night watering of sod is being reinstated. There was no further business and the meeting was adjourned at 10:32pm. Minutes respectfully submitted by Marlys Young, Minute Taker i0VC ='. . STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2005- ORDINANCE AMENDING CITY CODE TITLE 1 --ADMINISTRATION, CHAPTER 6–MUNICIPAL OFFICERS AND EMPLOYEES NEW ARTICLE "D" CITY ADMINISTRATOR REGARDING CITY ADMINISRATOR ORDINANCE Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above) regarding the City Administrator, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 1 --Administration, Chapter 6–Municipal Officers and Employers by adding new Article "D" City Administrator depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 1 --Administration, Chapter 6—Municipal Officers and Employees of the City Code of the United City of Yorkville is hereby amended by adding new Article "D" City Administrator, as depicted on the attached Exhibit"A". This Ordinance shall be effective upon its passage. 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 .c0D CO). Reviewed By: = Ji 0 City Council t: Legal EST. 4it '�� �� Finance ❑ ` 1836 :�� Engineer ❑ O �r 1 City Administrator ❑ Agenda Item Tracking Number `a0 Consultant ❑ �� -72c C t -c I El City Council Agenda Item Summary Memo Title: Rob Roy Creek Interceptor Funding and Easement Agreements City Council/COW/Committee Agenda Date: CC—November 22, 2005 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: John Wyeth Legal Name Department Agenda Item Notes: C` � ly ft-rgnILY `�tio o United City of Yorkville Memo �, ,� 'Q 800 Game Farm Road EST ° ,F 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o 11 o Fax: 630-553-7575 474CE ‘Nv Date: November 21, 2005 To: Mayor and City Council From: John Justin Wyeth Subject: Rob Roy Creek Interceptor Attached are Draft Agreements (Called Term Sheets) for Caldonia(Wyndham Deerpoint) and Bristol Bay (Centex). They will be presented to you for consideration on Tuesday. The agreements provide funding and easements for a portion of the Rob Roy Creek Sanitary Sewer Interceptor. A third agreement, Westbury (Ocean Atlantic) is still under negotiation, and will be presented to you prior to the Council Meeting. All three agreements will be contingent upon each other, and obtaining all easements necessary for construction of the interceptor segments known as Contracts 5, 6, 7 (also known as North Branch#1), and East Branch Contracts 1 and 2. 1TY 411-004E1 .92e-z INTERCEPTOR SEWER AGREEMENT TERM SHEET The following provides a general outline of the terms of an Interceptor Sewer Agreement between the United City of Yorkville and Wyndham re: Caledonia Subdivision. City Obligations -to use its best efforts to: 1. Construct, or cause to be constructed, the Rob Roy Interceptor Sewer System servicing the Property which system shall be operational for the benefit of the Property on or before May 15, 2006. 2. Construct for benefit of the Interceptor Sewer, consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor Contract 5 on the Property. City shall issue bonds for the payment of costs and expenses of the project in the amounts set forth on a per contract basis as set forth on the attached Schedule"A". Wyndham Obligations: 1. To cooperate in the issuance of a seven(7) year Municipal bond for the construction of the Rob Roy Interceptor Sewer System. 2. To tender simultaneously with this Agreement easements for lands owned or controlled by Wyndham as needed for the Rob Roy Interceptor Sewer Contract 5. 3. To guarantee semi-annual payments of sewer connection fees (on or before May 1St and November 1st)based upon the greater of(a) the number of units for which payments and permits were issued within the semi-annual term or(b) a minimum of 8 on or before May 1, 2006, and 8 on or before November 1, 2006 and minimums of 15 on or before each of May 1St and November 1st(i.e. 30 per year) for each of the years 2007 through and including 2012. City shall not require any more than the minimums due on a cumulative basis. (For example, no more than 204 shall be due on November 1, 2007). 4. In the event all guaranteed payments have not been paid by November 1, 2012, all amounts which are to be paid for the remaining number of approved units for the Property shall immediately become due and payable as a"balloon"payment. The foregoing presents an outline of terms, the final terms and conditions to be agreed upon in good faith by the City and Wyndham as part of the ultimate creation of the Municipal bond issue under the advice and counsel of William Blair& Company. Caldonia/Wynham United City of Yorkville: Mayor City Clerk C(Ty It1icy12u YIt 1). INTERCEPTOR SEWER AGREEMENT TERM SHEET The following provides a general outline of the terms of an Interceptor Sewer Agreement between and among the United City of Yorkville("City"), Yorkville Bristol Sanitary District ("YBSD") and Centex Homes ("Centex Homes"). City and YBSD Obligations -to use its best efforts to: 1. City and YBSD to construct, or cause to be constructed, the Rob Roy Creek Interceptor Sewer System servicing the Property which system shall be operational for the benefit of the Property on or before September 1, 2006. 2. City to construct or cause to be constructed for the benefit of YBSD and Centex Homes the Interceptor Sewer generally from Illinois Route 47 to proposed Bristol Bay Drive, consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch Contracts 1 and 2 on the Property. City shall issue bonds for the payment for costs and expenses of the project on a per contract basis as set forth on the attached Schedule "A, which bonds shall include One Million Five Hundred Fifty Thousand Dollars ($1,550,000) specifically allocated to secure the obligation of the City under Paragraph C below, provided any excess amount not needed to fulfill the City's obligations under Paragraph C below may be used by the City for any permitted purpose or use under the terms of the bond and related documents. 3. City, consistent with Section 19 of the Annexation Agreement, shall permit Centex Homes to install temporary waste water holding tanks, and, if necessary, further permit an increase in the number of units (subject to other governmental approvals) to be served based upon need and the unavailability of an operational Rob Roy Creek Interceptor Sewer serving the Property until the Rob Roy Creek Interceptor Sewer is operational to the Property. City shall cooperate with Centex Homes, taking such actions and executing such permits or agreements, intergovernmental or otherwise, as may be reasonably necessary to permit temporary sanitary service, including transmission processes and treatment facilities, for the Property until the Rob Roy Creek Interceptor Sewer is operational. 4. City to pay or YBSD to receive the funds, if any, referenced in Paragraph C below. Centex Homes Obligations: A. To cooperate in the issuance of a seven (7) year Municipal bond for the construction of the Rob Roy Creek Interceptor Sewer System. B. In lieu of payment of Infrastructure Participation Fees (IPF) in the amount of One Million Two Hundred Sixty-Five Thousand Thirty Dollars ($1,265,030) to the YBSD for remaining portions of Centex Homes' Property, not currently annexed or for which Annexation Fees or IPF have not been paid, upon City Council approval of construction contracts, Centex Homes shall construct or cause to be constructed, at its expense, the portion of the Rob Roy C1E99 4550565-5.001319.0306 L Creek Interceptor Sewer to be located on the Property consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch Contract C. Centex Homes shall present to the YBSD the cost of construction, on a customary commercial bidding basis without overtime or prompt completion bonus, if any, for the portion of the Rob Roy Creek Interceptor Sewer to be located on the Property for approval by YBSD's consulting engineer, such consent not to be unreasonably conditioned, delayed or denied. To the extent the approved construction costs is less than One Million Two Hundred Sixty-Five Thousand Thirty Dollars ($1,265,030), Centex Homes shall pay to YBSD the difference in the IPF Fees otherwise due, without interest, within six(6) months of the completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. To the extent the approved construction costs is more than One Million Two Hundred Sixty-Five Thousand Thirty Dollars ($1,265,030), City shall pay or cause to be paid from the bond proceeds, consistent with the terms of the bond and related documents, to Centex Homes the difference, without interest, within ten (10) days of the completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. In determining the construction cost for the purpose of payment by or to Centex Homes, Centex Homes may include the Fifty Thousand Dollars ($50,000) previously paid to assist the City and YBSD in advancing the engineering for the Rob Roy Creek Interceptor Sewer project. To the extent the funds allocated in the bonds under Paragraph 2 hereof are insufficient to fully compensate Centex Homes under this Paragraph C, Centex Homes shall have the right to set off as against any and all fees due to the City or any other governmental agency (excluding, however, Yorkville School District 115's impact fees, YBSD fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the Property until Centex Homes has received, in total, the amounts due to Centex Homes. D. Notwithstanding Paragraph 9D of the Annexation Agreement, Centex Homes waives its right to receive the seven and one-half percent (7%2%) management fee for the construction of the Rob Roy Creek Interceptor Sewer as it relates solely to the Property. E. Upon completion of construction by Centex Homes of the portion of the Rob Roy Creek Interceptor Sewer on the Property, Centex Homes shall grant to YBSD a permanent easement for the reconstruction, operation and maintenance of the Rob Roy Creek Interceptor for lands owned or controlled by Centex Homes as needed for the Rob Roy Creek Interceptor Sewer East Branch Contracts 1 and 2. F. To guarantee semi-annual payments of sanitary sewer connection fees (on or before May 1St and November 1st) based upon the greater of(i) the number of units for which payments and permits were issued within the semi-annual term or (ii) a minimum of 82 on or before May 1, 2006 and a minimum of 82 on or before November 1, 2006 and minimums of 150 on or before each May 1st and November 15t (i.e. 300 per year) for each of the years 2007 through and including 2012. Such guaranteed payments to be payable notwithstanding the fact that the Rob Roy Creek Interceptor Sewer is not operational to serve the Property. City shall not require any more than the minimums due on a cumulative basis. (For example, no more than 464 shall be due on November 1, 2007). - 2 - CH199 4550565-5.001319.0306 G. In the event all guaranteed minimum connection fee payments have not been paid by November 1, 2012, all amounts which are to be paid for the remaining number of approved units for the Property shall immediately become due and payable as a"balloon"payment. - 3 - CH199 4550565-5.001319.0306 The foregoing presents an outline of terms,the final terms and conditions to be agreed upon in good faith by the City, YBSD and Centex Homes as part of the ultimate creation of the Municipal bond issue under the advice and counsel of William Blair& Company. CENTEX HOMES,a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation and its Managing General Partner By: Daniel L. Star United City of Yorkville: Mayor City Clerk Yorkville Bristol Sanitary District By: Name: Its: Dated: -4 - CHI99 4550565-5.001319.0306 INTERCEPTOR SEWER AGREEMENT TERM SHEET The following provides a general outline of the terms of an Interceptor Sewer Agreement between and among the United City of Yorkville("City"), Yorkville Bristol Sanitary District ("YBSD") and Centex Homes ("Centex Homes"). City and YBSD Obligations -to use its best efforts to: 1. City and YBSD to construct, or cause to be constructed, the Rob Roy Creek Interceptor Sewer System servicing the Property which system shall be operational for the benefit of the Property on or before September 1, 2006. 2. City to construct or cause to be constructed for the benefit of YBSD and Centex Homes the Interceptor Sewer generally from Illinois Route 47 to proposed Bristol Bay Drive, consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch Contracts 1 and 2 on the Property. City shall issue bonds for the payment for costs and expenses of the project on a per contract basis as set forth on the attached Schedule "A, which bonds shall include One Million Five Hundred Fifty Thousand Dollars ($1,550,000) specifically allocated to secure the obligation of the City under Paragraph C below, provided any excess amount not needed to fulfill the City's obligations under Paragraph C below may be used by the City for any permitted purpose or use under the terms of the bond and related documents. 3. City, consistent with Section 19 of the Annexation Agreement, shall permit Centex Homes to install temporary waste water holding tanks, and, if necessary, further permit an increase in the number of units (subject to other governmental approvals) to be served based upon need and the unavailability of an operational Rob Roy Creek Interceptor Sewer serving the Property until the Rob Roy Creek Interceptor Sewer is operational to the Property. City shall cooperate with Centex Homes, taking such actions and executing such permits or agreements, intergovernmental or otherwise, as may be reasonably necessary to permit temporary sanitary service, subject to IEPA approval, if required. including transmission processes and treatment facilities, for the Property until the Rob Roy Creek Interceptor Sewer is operational. City. YBSD and Centex Homes shall cooperate each with the other in implementing temera anita service for the benefit of the Property. 4. City to pay or YBSD to receive the funds, if any, referenced in Paragraph C below. Centex Homes Obligations: A. To cooperate in the issuance of a seven (7) year Municipal bond for the construction of the Rob Roy Creek Interceptor Sewer System. B. In lieu of payment of Infrastructure Participation Fees (IPF) in the approximate amount of One Million TweThree Hundred Sixty Five Thousand Thirty Dollars ($1,265,0301.300,000) to the YBSD for remaining portions of Centex Homes' Property, not CHI99 4550565-3-0H431-9-93066 001319 0306-56 (11;22/05) currently annexed or for which Annexation Fees or IPF have not been paid, upon City Council approval of construction contracts, Centex Homes shall construct or cause to be constructed, at its expense, the portion of the Rob Roy Creek Interceptor Sewer to be located on the Property consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch Contract .Contracts 1 and 2. C. Centex Homes shall present to the YBSD the cost of construction, on a customary commercial bidding basis without overtime or prompt completion bonus, if any, for the portion of the Rob Roy Creek Interceptor Sewer to be located on the Property for approval by YBSD's consulting engineer, such consent not to be unreasonably conditioned, delayed or denied. To the extent the approved construction costs is less than One Million TweThree Hundred Sixty Five Thousand Thirty Dollars ($1,265,0301.300.000) (or the actual IBF Fee as finally determined,as the case may be), Centex Homes shall pay to YBSD the difference in the IPF Fees otherwise due, without interest, within six (6) months of the completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. To the extent the approved construction costs is more than One Million TweThree Hundred Sixty Five Thousand Thirty Dollars ($1,265,030_1,300,000) (or the actual IBF Fee as fnally_determineL_as the case maybe), City shall pay or cause to be paid from the bond proceeds, consistent with the terms of the bond and related documents, to Centex Homes the difference, without interest, within ten (10) days of the completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. In determining the construction cost for the purpose of payment by or to Centex Homes, Centex Homes may include the Fifty Thousand Dollars ($50,000) previously paid to assist the City-and YBSD in advancing the engineering for the Rob Roy Creek Interceptor Sewer project. To the extent the funds allocated in the bonds under Paragraph 2 hereof are insufficient to fully compensate Centex Homes under this Paragraph C, Centex Homes shall have the right to set off as against any and all fees due to the City or any other governmental agency (excluding, however, Yorkville School District 115's impact fees, YBSD fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the Property until Centex Homes has received, in total,the amounts due to Centex Homes. D. Notwithstanding Paragraph 9D of the Annexation Agreement, Centex Homes waives its right to receive the seven and one-half percent (7'/2%) management fee for the construction of the Rob Roy Creek Interceptor Sewer as it relates solely to the Property. E. Upon completion of construction by Centex Homes of the portion of the Rob Roy Creek Interceptor Sewer on the Property, Centex Homes shall grant to YBSD aan exclusive permanent easement for the reconstruction, operation and maintenance of the Rob Roy Creek Interceptor for lands owned or controlled by Centex Homes as needed for the Rob Roy Creek Interceptor Sewer East Branch Contracts 1 and 2. F. To guarantee semi-annual payments of City's sanitary sewer connection fees (on or before May 1st and November 1st) based upon the greater of(i) the number of units for which payments and permits were issued within the semi-annual term or (ii) a minimum of 82 on or before May 1, 2006 and a minimum of 82 on or before November 1, 2006 and minimums of 150 on or before each May 1st and November 1st (i.e. 300 per year) for each of the years 2007 through and including 2012. Such guaranteed payments to be payable notwithstanding the fact that the Rob Roy Creek Interceptor Sewer is not operational to serve the Property. -2 - CH199 4550565-3-88 11'1 9:83066.001319.0306-56 (11/22/05) City shall not require any more than the minimums due on a cumulative basis. (For example, no more than 464 shall be due on November 1, 2007). G. In the event all guaranteed minimum connection fee payments have not been paid by November 1, 2012, all amounts which are to be paid for the remaining number of approved units for the Property shall immediately become due and payable as a"balloon"payment. H. Until the Rob Roy_Creek Interceptor Sewer is operational to serve the Property, wastewater, including solid waste may be deposited into the YB SD system at a Cites manhole at any time. such manhole oradditionalCity or YBSD manholes to be reasonablydesignated by_ YBSD with the concurrence of the City and Centex Homes, such designation and concurrence not to be unreasonably conditioned,_delayed or denied. Until the Rob Roy Creek_Interceptor Sewer is operational to serve the Property, wastewater, including solid waste. may be deposited at the manhole(s)_subject to the following conditions: (i) Centex Homes. with the assistance of the City and YBSD. shall ap_plfor_pursue and receive re.uired IEPA .ermits or .ermission if any. to implement temporary sanitary service for the benefit of the Property. ii Centex Homes shall utilize such temporary sanitary service on a continuous 24 hour. 7 day a week program and shall provide to YBSD. from time to time, such information as reasonably required by the YBSD engineer with respect_to flows and discharges in connection with the temporary sanitary service for the benefit of the Property. (iii) Centex Homes shall take such reasonable actions as may be necessar.__or_desirable to minimize odor frons the storage and transmission of wastewater, including solid waste. generally consistent with the standards and results of the operation of the YBSD sanitary treatment plant located on River Road, Yorkville, Illinois. (iv) Centex_Homes shall provide an aeration process and wastewater temperature control system as part of the temporary sanitary service, such aeration process and temperature control system to be reasonably approved by the YBSD engineer, such approval not to be unreasonably conditioned, denied or delayed. (v) Centex Homes shall provide an over-flow alarm system as part of the temporary sanitary service, such alarm system to be reasonably approved by the YBSD engineer, such approval not to be unreasonably conditioned. denied or delayed. vi Centex Homes shall use its best efforts to construct or cause to be constructed that portion of the Rob Roy Creek Interceptor Sewer to be located on Property by May 15, 2006. - 3 - CH199 4550565-5-00-1,L1-9-03-G66 0013)9.03 06-56 (1-1/22105.) vii Centex Homes shall pay the reasonable fees of a qualified inspector suggested by Centex Homes and agreed to._and retained by YBSD to oversee the operation of the temporary sewer service for the benefit of the Property, provided, however, no additional fees or costs, other than existing YBSD fees. shall be applicable to the Property or Centex Homes as a result of the to porary_sewer service for the benefit of the Property. (viii) Centex Homes shall pay the reasonable fees of the YBSD counsel in connection with the creation of this term sheet and any further memorializing of the agreement among the City. YBSD and Centex Homes. -4 - CHI99 4550565 5.0013 19-02.666 001319 0306-56 (.I.1L22105.) The foregoing presents an outline of terms, the final terms and conditions to be agreed upon in good faith by the City,YBSD and Centex Homes as part of the ultimate creation of the Municipal bond issue under the advice and counsel of William Blair& Company. CENTEX HOMES,a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation and its Managing General Partner By: Daniel L. Star United City of Yorkville: Mayor City Clerk Yorkville Bristol Sanitary District By: Name: Its: Dated: - 5 - CHI99 4550565--5-484-49-411466� . 004'719.0,06-56 L1.1/22105.) AGREEMENT BY AND BETWEEN OCEAN ATLANTIC/PFG-WESTBURY, LLC AND THE CITY OF YORKVILLE REGARDING THE ROB ROY CREEK SANITARY SEWER INTERCEPTOR THIS AGREEMENT ("Agreement') is dated as of the day of , 2005, and is by and between OCEAN ATLANTIC/PFG-WESTBURY LLC, a California limited liability company, ("Developer") and THE UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under the laws of the State of Illinois ("City") the Developer and the City are collectively referred to herein as the "Parties"). IN CONSIDERATION of the recitals, mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. BACKGROUND. A. The Developer is the owner of certain parcels of real estate in the City of Yorkville, State of Illinois ("City"), which real estate parcels are legally described in Exhibit A attached hereto and are commonly known as Westbury Village and South Village. ("Subject Property") B. The Westbury Village parcel is subject to that certain Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development dated as of September 9, 2004 by, between, and among the Developer, the City, and the Estates of Richard A. Undesser Jr. and Henrietta Undesser ("Westbury Annexation Agreement"). C. Pursuant to the Westbury Annexation Agreement, the City warranted that not later than June 1, 2005, it would finance, design, construct, and install a sanitary sewer pipeline, together with all necessary equipment and appurtenances ("Sanitary Sewer Interceptor"), over, along, upon, across and under the Subject Property to a point just south of Rob Roy Creek. D. The City will issue approximately $12,000,000 in bonds to finance the design, construction, and installation of the Sanitary Sewer Interceptor. E. In order to construct the Sanitary Sewer Interceptor, the City has requested that the Developer grant a temporary construction and permanent easement ("Sanitary Sewer Interceptor Easement") across a portion of the Subject Property from Corneils Road to Galena Road for the benefit of the Yorkville-Bristol Sanitary District ("YBSD") who will construct, install, and maintain the Sanitary Sewer Interceptor on behalf of the City. F. The Parties desire to enter into this Agreement to assist the City in financing the bonds, to further clarify the terms and conditions of the Westbury and South Village Annexation Agreements, and, to ensure that the construction and installation of the Sanitary Sewer Interceptor is completed in a timely manner across the Subject Property. 2. CITY OBLIGATIONS. A. Sanitary Sewer Interceptor. The City agrees to design, construct, and install, or cause the design, construction, and installation of, the Sanitary Sewer Interceptor pursuant to the plans and specifications for the Sanitary Sewer Interceptor prepared by YBSD at locations described and depicted on the easements to be tendered by the Developer with this Agreement. The City shall use its best efforts to obtain engineering, award contracts, and generally construct the Sanitary Sewer Interceptor so that it is installed, operational, and available for use: From the south boundary line of the Subject Property at Corneils Road to the intersection of Rob Roy Creek ("Contract 6") on or before May 15, 2006; and ii. From the intersection of Rob Roy Creek and the northern boundary line of the Subject Property at Galena Road ("Contract T') on or before July 15, 2006. The City agrees and acknowledges that any award of a contract for the construction of sanitary sewer pipeline or appurtenant facilities on properties to be served through connections to the Sanitary Sewer Interceptor, other than upon the Subject Property, shall not impede the installation of the Sanitary Sewer Interceptor for Contract 7. If the Sanitary Sewer Interceptor is not installed, operational, and available for use for: (i) Contract 6 on or before May 15, 2006 or (ii) Contract 7 on or before July 15, 2006, the Developer shall have the right, but not the obligation, to install the Sanitary Sewer Interceptor for Contract 6 or Contract 7, as applicable. If the Developer installs any portion of Contract 6 or Contract 7 as provided in this paragraph, the Developer shall be entitled to collect a management fee from the City of 8% of the cost of the installation, as provided for in Section 6 A-3 of the Westbury Annexation Agreement, and shall be entitled to seek recapture from properties benefited by the Sanitary Sewer Interceptor for such costs. B. Financing. Bonds. On or before December 1, 2005, the City shall adopt an ordinance authorizing and providing for the issuance of $12,000,000 in bonds for the purpose of financing the design, construction, and installation of the Sanitary Sewer Interceptor. Notwithstanding the terms of this Agreement, the Developer shall have no obligation with respect to the administration, issuance, servicing, or payment of the bonds. ii. Agreement Between City and YBSD. The City warrants and guarantees that it will satisfy all terms and conditions of that certain Agreement Between YBSD and the City for the Rob Roy Creek Interceptor dated June 14, 2004 ("YBSD Agreement') including, but not limited to, the payment of all funds as required by Section 2 of the YBSD Agreement in order to insure the completion and availability of the Sanitary Sewer Interceptor at the locations, and on or before the dates, provided in Subsection 2A. 2 C. Approval of Preliminary Plans. The City shall provide its best efforts to expedite its review and consideration of all required preliminary and final plans for the Subject Property and any future properties which the City annexes that become part of the Westbury development including, but not limited to, expedited review of preliminary site plans, engineering plans, landscaping plans, signage plans, and other required submittals. The Parties acknowledge and agree that expedited review shall mean consideration for approval before the City Council within 90 days of the submittal of any required preliminary or final plan and shall be reconsidered for approval by the City Council, if necessary, within 30 days thereafter. For example, the City agrees that it shall review and consider for approve the revised preliminary site plans, engineering plans, landscaping plans, and signage plans for the development of that portion of Westbury Village north of Rob Roy Creek, such that all required consideration for approvals for such plans are acquired by, and vested in, the Developer on or before March 1, 2006 if the Developer submits such plans by December 1, 2005. 3. DEVELOPER OBLIGATIONS. A. Sanitary Sewer Interceptor Costs. Developer's financial obligation to the City for the costs of designing, constructing, and installing the Sanitary Sewer Interceptor, including all costs of debt service on the Bonds ("Sanitary Sewer Interceptor Costs"), is limited solely to the terms and conditions of the Westbury Annexation Agreement. Pursuant to Subsection 14C of the Westbury Annexation Agreement, the City Sewer Connection Fee is equal to $2,000, payable per individual residential dwelling unit concurrent with the building permit application for the unit. Pursuant to Subsection 14L of the Westbury Annexation Agreement, the YBSD Interceptor Participation Fee is equal to $3,015 per acre for the 43 acre "Annexation Parcel" only, as that term is defined in the Westbury Annexation Agreement. Therefore, the "Developer's Total Contribution"for the Sanitary Sewer Interceptor Costs shall be as follows: City Sewer Connection Fee: 890 units times $2,000 = $1,780,000 YBSD Interceptor Participation Fee: 43 acres times $3,015 = 129,645 Developer's Total Contribution $1,909,645 B. Developer Minimum Payments. In order to assist the City with the Sanitary Sewer Interceptor Costs, the Developer agrees to make certain minimum payments ("Minimum Payment') of the Developer's Total Contribution on a biannual basis, and the City agrees to reimburse the Developer for the Engineering Fees, as follows: The Developer shall pay to the City the amount of the Minimum Payment, or an adjusted amount as provided herein, at the end of each six-month period as provided in Schedule A. The Developer shall receive a credit against the Minimum Payment for any City Sewer Connection Fees paid during the previous six-month period. For example, on May 1, 2006, the Developer shall owe a Minimum Payment of $72,000. However, if the Developer shall have paid $40,000 in Sewer Connection Fees during the previous six-month period (for 20 permits), the Developer shall owe a Minimum Payment of$32,000. 3 ii. If the Developer pays City Sewer Connection Fees during a previous six- month period in excess of the Minimum Payment for the corresponding period, the Developer shall not owe the Minimum Payment and shall receive a credit against the Minimum Payment for the following six-month period. For example, on May 1, 2006, the Developer shall owe a Minimum Payment of $72,000. However, if the Developer shall have paid $100,000 in Sewer Connection Fees during the previous six-month period (50 permits), no Minimum Payment shall be required and the Developer shall have a credit of $28,000 applied against the Minimum Payment Due on November 1, 2006. Credits may be carried-over from one six-month period to the next. iii. The Developer's obligation to make Minimum Payments shall terminate, and be of no further effect, upon the cumulative payment by the Developer of the Developer's Total Contribution. Schedule A Developer Minimum Payment Schedule Due Date Minimum Payment Minimum Number of Permits for Period 5/1/2006 $72,000 36 11/1/2006 72,000 36 5/1/2007 130,000 65 11/1/2007 130,000 65 5/1/2008 130,000 65 11/1/2008 130,000 65 5/1/2009 130,000 65 11/1/2009 130,000 65 5/1/2010 130,000 65 11/1/2010 130,000 65 5/1/2011 130,000 65 11/1/2011 130,000 65 5/1/2012 130,000 65 11/1/2012 130,000 65 5/1/2013 76,000 38 YBSD Interceptor Fee* 129,645 *Due date to be determined $1,909,645 890 C. Engineering Fee Reimbursement. Notwithstanding the Minimum Payment schedule provided in Subsection 4B of this Agreement, the Developer shall have no obligation to pay any City Sewer Connection Fees, YBSD Interceptor Participation Fees, or Minimum Payments unless and until the City shall have made a cash payment to the Developer, or provided the Developer a credit against fees owed, 4 equal to the amount of the Engineering Fee ($650,000). The City acknowledges and agrees that it shall not require the payment of any City Sewer Connection Fee or Minimum Payment, and shall immediately pay on Developer's behalf any obligation of the Developer to pay all or a portion of the YBSD Interceptor Participation Fees, as long as the City owes the Developer any portion of the Engineering Fee. The City also acknowledges and agrees that it shall not withhold the issuance of any permit for the failure of the Developer to pay a City Sewer Connection Fee or Minimum Payment while the City owes the Developer any portion of the Engineering Fee. D. Grant of Easement. Upon the issuance of the bonds by the City, the execution of this Agreement by the Parties, and the award of contract for the construction of the Sanitary Sewer Interceptor for Contract 6, the Developer shall sign and execute the Sanitary Sewer Interceptor Easements for Contract 6 and Contract 7. 4. DEFAULT. If it should appear at any time that a Party ("Defaulting Party") has failed or refused to prosecute, or has delayed in the prosecution of, the obligations described in this Agreement with diligence at a rate that assures completion of the obligations in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the obligations or any other requirement of this Agreement ("Event of Default'), and fails to cure any such Event of Default within ten business days after receipt of written notice of such Event of Default from the other Party ("Nondefaulting Party"), then such Nondefaulting Party shall have the right, without prejudice to any other remedies provided by law or equity, to perform all or any part of the obligations that are the subject of the Event of Default, to seek specific performance of the Defaulting Party, and to recover from the Defaulting Party any and all damages, liabilities, losses, and expenses including attorneys' fees and administrative expenses. 5. ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES. The City agrees that the Developer may assign its rights or delegate its duties under this Agreement to any person or entity. 6. AMENDMENT. This Agreement may be modified, amended, or annulled only by the written agreement of the Developer and the City. 7. SEVERABILITY. If any provision of this Agreement is construed or held to be void, invalid, illegal, or unenforceable in any respect, the remaining part of that provision and the remaining provisions of this Agreement shall not be affected, impaired, or invalidated thereby, but shall remain in full force and effect. The unenforceability of any provision of this Agreement shall not affect the enforceability of that provision in any other situation. 8. INTERPRETATION. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 9. AUTHORITY TO EXECUTE. The Developer hereby warrants and represents to the Developer that the person executing this Agreement on its behalf have been properly authorized to do so by the Developer's corporate authorities. The City hereby warrants and represents to the Developer that the person executing this Agreement on its behalf have been properly authorized to do so by the City's corporate authorities. 5 10. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to constitute a duly authorized original. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the date first above written. ATTEST: OCEAN ATLANTIC/PFG-WESTBURY, LLC By: By: Its: Its: ATTEST: THE UNITED CITY OF YORKVILLE By: By: Its: Its: #3373868_v9 6 EXHIBIT A WESTBURY VILLAGE PARCEL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8;THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING, (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931,AND RECORDED FEBRUARY 17, 1931, IN DEED RECORD 77, (PAGE 583) AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS BY WARRANTY DEED DATED JANUARY 8, 1991, AND RECORDED AS DOCUMENT 910147 IN THE OFFICE OF THE KENDALL COUNTY RECORDER, AND ALSO EXCEPT THAT PORTION OF GALENA ROAD DEDICATED PER DOCUMENT 145193, AND ALSO EXCEPT THEREFROM THAT PART PREVIOUSLY ANNEXED TO THE CITY OF YORKVILLE, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. SOUTH VILLAGE PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST % OF THE NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18; THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE NORTHEAST '/< 1668.70 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED FEBRUARY 28,1972 AS DOCUMENT 72-892;THENCE NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE, 2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56 SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 7 MINUTES, 43 SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG THE EAST LINE OF THE WEST 'A OF THE EAST '' OF SAID NORTHWEST 1/4, 1543.12 FEET; THENCE NORTH 88 DEGREES, 07 MINUTES, 57 SECONDS EAST 653.59 FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17, 1353.09 FEET;THENCE SOUTH DEGREES, 53 MINUTES,22 SECONDS EAST 291.72 FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 28 MINUTES, 45 SECONDS WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD, 2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS; THAT PART OE THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1091.77 FEET FOR A POINT OF BEGINNING;THENCE SOUTH DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50 SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47 SECONDS EAST, 370.92 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 8 ACKNOWLEDGEMENTS STATE OF ILLINOIS ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on 2002, by the of OCEAN ATLANTIC/PFG-WESTBURY, LLC, an Illinois limited liability corporation, which individual is known to me to be the identical person who signed the foregoing instrument as such officer of the Developer for and on behalf of said Developer, and that he or she executed the same as his or her free and voluntary act and deed, and as the free and voluntary act and deed of the Developer, for the uses and purposes herein mentioned. Given under my hand and official seal this day of , 2005. Signature of Notary SEAL My Commission expires: STATE OF ILLINOIS ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on 2005, by , the of THE UNITED CITY OF YORKVILLE, which individual is known to me to be the identical persons who signed the foregoing instrument as such officer of the City for and on behalf of said City, and that he or she executed the same as his or her free and voluntary act and deed, and as the free and voluntary act and deed of the City, for the uses and purposes herein mentioned. Given under my hand and official seal this day of , 2005. Signature of Notary SEAL My Commission expires: &(/N' `,CEO Ct4 Reviewed By: Ja O� Le al 111City Council "` g EST. 4 a `"" 1836 Finance ■ Engineer ■ -t s ' City Administrator ❑ Agenda Item Tracking Number O� '�, ADM 2005-09m ad Consultant ❑ Ken daNComfy <LE ,��� Human Resources ■ Labor Attorney ■ City Council Agenda Item Summary Memo Title: Engineering Assistant Revised Job Description City Council/COW/Committee Agenda Date: City Council 11/22/2005 Synopsis: Revision of existing job description to better reflect current job functions. Council Action Previously Taken: Date of Action: None Action Taken: Item Number: Type of Vote Required: Simple majority Council Action Requested: Approval Submitted by: Bart Olson (via Joe Wywrot at Admin) Admin Name Department Agenda Item Notes: Minor revisions brought up at Admin have been completed. However, a memo outlining the salary range for this position was left out of the packet on accident. As a result, the memo (by Joe Wywrot)has been added to this packet. Therefore, an additional memo outlining the discussion on the salary range has been provided for this packet. Also, the labor attorney has provided some comments, which have been added to the job description. COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2005 - A RESOLUTION APPROVING THE REVISED JOB DESCRIPTION FOR THE POSITION OF ENGINEERING ADMINISTRATIVE ASSISTANT (FORMERLY KNOWN AS "ENGINEERING ASSISTANT") IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS,the Mayor and City Council of UNITED CITY OF YORKVILLE, after careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to revise the job description for the position of Engineering Assistant; and WHEREAS, the job position for Engineering Assistant will be revised to have the duties and responsibilities as set forth in the attached job description(Exhibit"A"); and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF ENGINEERING ASSISTANT IS HEREBY REVISED. Said position will be directed by and report directly to the City Engineer. The job description(as revised by this resolution) for said position is attached hereto and is made part hereof as Exhibit"A". said description hereby taking the place of the former job description for Engineering Assistant. The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. PAUL JAMES MARTY MUNNS JASON LESLIE WANDA OHARE VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO 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. CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 630-553-8570 DRAFT i I/1A, (LT UNITED CITY OF YORKVILLE Eneineerine Administrative Assistant JOB DESCRIPTION Department: Engineering Reports To: City Engineer Status: Full-time Non-Exempt Positions Supervised: None Salary Range Administrative Support Staff Position Description Overview: This individual will be responsible for invoicing and maintaining project developer accounts for Attorney, Land Planner, contracted engineering firms, and all other outside contracted firms' fees with monthly summary reports to Finance Director and City Administrator. This position also consists of project and phase tracking, assigning commercial and residential addresses miscellaneous Auto Cad mapping, preparation of IDOT Bid Tabulation forms, and residential&commercial punch list and final inspections processing. Essential Job Functions: 1. Create Project Development Administration and Deposit Account ledgers; update and maintain accurately. 2. Generate Project Development invoices for Attorney and Land Planner's fees, Public Works, as well as contracted Engineering Firms, Building Department and all other outside firms' fees subject to City reimbursement. 3. Establish monthly summary worksheets of fees collected past due accounts, developer account balances, and project phase tracking. Submit monthly to Finance Director and City Administrator for Mayoral/Council review. 4. Import updates to the city Subdivision Control Ordinance and Standard Specifications for Improvements.Maintain familiarity with Ordinance to assist builders and outside engineering firms with compliance-related design issues and situations. 5. Assign addresses for residential and commercial Developments in accordance with City Grid Map; distribute notification with maps to pertinent staff and agencies. Occasional on-site inspection as necessary to complete. 6. Print Auto Cad maps for front desk sales, design address maps, execute Metes and Bounds descriptions,location areas,and other functions as requested by Engineer. DRAFT 7. Prepare IDOT Bid Tabulation forms, City project bid packets, bid holder lists, and attend and record vital statistics at City bid openings. Substitute for City Engineer opening and reading bids as necessary. 8. Complete departmental purchasing; log expenditures and track expenses to ensure departmental budgets are not exceeded. 9. Review subdivision and development plan submittals with regards to streets layout and spelling, as they relate to addressing. Track and ensure approved historical street name use by development. 10. Track development IL EPA water and sanitary permits and applications; work with Public Works Water Operators acquiring chlorination lab reports and mapping test points.Process IL EPA Operating Permit&Permit Partials requests. 11. Perform preliminary in-house review of builder's final site grading plan submittals to verify the approved engineering grading plans have been matched. Request revisions and/or additional spot elevation grades as necessary; compile inspection packet for engineering technician to perform onsite field inspections. 12. Process field inspection paperwork, request builder escrow funds for completion of public/site improvements for final inspection of lot/home completion, coordinate temporary occupancy certificate release and expiration date, track completion of public/site improvements, and close lot file for release of builder escrow funds and final occupancy certificate release. 13. Serve as liaison with county mapping department, neighboring communities, and Sidwell Company for identification of City parcels, tax identification numbers, website design properties,property lines, and parcel ownership. 14. Various other duties and responsibilities as directed by the Engineer. 15. Answer telephones and greet customers. Position Requirements—Knowledge,Skills, and Abilities: 1. Demonstrate a broad-based knowledge of Microsoft Excel and Microsoft Word programs. Demonstrate basic knowledge of AutoCAD software sufficient to print documents and create simple line drawings. 2. Ability to operate a variety of office equipment, including but not limited to computer, typewriter, copier, fax, scanner, large-scale plotter, and calculator, with minimal supervision. 3. Display professionalism and maintain strict confidentiality. 4. Exhibit mathematical and analytical qualities. DRAFT 5. Possess proficient customer service skills. 6. Excellent communication and writing skills. 7. Highly organized and able to prioritize job assignments. Minimum and Preferred Experience and Education: 1 1. Associates Degree with special emphasis on Engineering/Technical Fields. Data Management or a,ny approved equivalent combination of experience and education - Deleted:A j that provides the required knowledge, skills, and abilities to perform job duties as stated above at the discretion of the City Engineer. 2. Willingness to attend training classes to increase knowledge of job-related skills and responsibilities. • --f Deleted:11 Associates Degree with special emphasis i on Engineering/Technical Fields,Data 1 3. Possession of valid Illinois Driver's License and Insurance. •, Management. \,\I Formatted:Bullets and Numbering -*. Must successfully complete a background investigation. Formatted:Bullets and Numbering Formatted:Bullets and Numbering The fisted 1 d. 1 1 ' the ofthat il:. duties above are intended t only as an ii�.J�.a ..a of;ue various i / �_� iQb.i, may be required and are not exhaustive. The omission of specific statements of duties does note exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and the employee, and is subject to modification at the discretion of the employer as the needs of the employer and/or agency change, or requirements of the position change -j Deleted:The duties listed above are intended only as an illustration of the various types of tasks that may be required.The omission of specific statements of duties does not exclude them from the position if the work is similar,related,or a logical assignment to the position.This job description does not constitute an employment agreement between the employer and employee.and is subject to modification by the employer as the needs of the employer and/or agency change,or requirements of L the position change.¶ AFormatted:DocID i CHI 10952779.1 ✓' DRAFT C /1/\., ( c ,)7 UNITED CITY OF YORKVILLE Engineering Administrative Assistant JOB DESCRIPTION Department: Engineering Reports To: City Engineer Status: Full-time Non-Exempt Positions Supervised: None Salary Range Administrative Support Staff Position Description Overview: This individual will be responsible for invoicing and maintaining project developer accounts for Attorney, Land Planner, contracted engineering firms, and all other outside contracted firms' fees with monthly summary reports to Finance Director and City Administrator. This position also consists of project and phase tracking, assigning commercial and residential addresses miscellaneous Auto Cad mapping, preparation of IDOT Bid Tabulation forms, and residential & commercial punch list and final inspections processing. Essential Job Functions: 1. Create Project Development Administration and Deposit Account ledgers; update and maintain accurately. 2. Generate Project Development invoices for Attorney and Land Planner's fees, Public Works, as well as contracted Engineering Firms, Building Department and all other outside firms' fees subject to City reimbursement. 3. Establish monthly summary worksheets of fees collected past due accounts, developer account balances, and project phase tracking. Submit monthly to Finance Director and City Administrator for Mayoral/Council review. 4. Import updates to the city Subdivision Control Ordinance and Standard Specifications for Improvements. Maintain familiarity with Ordinance to assist builders and outside engineering firms with compliance-related design issues and situations. 5. Assign addresses for residential and commercial Developments in accordance with City Grid Map; distribute notification with maps to pertinent staff and agencies. Occasional on-site inspection as necessary to complete. 6. Print Auto Cad maps for front desk sales, design address maps, execute Metes and Bounds descriptions, location areas, and other functions as requested by Engineer. DRAFT 7. Prepare IDOT Bid Tabulation forms, City project bid packets, bid holder lists, and attend and record vital statistics at City bid openings. Substitute for City Engineer opening and reading bids as necessary. 8. Complete departmental purchasing; log expenditures and track expenses to ensure departmental budgets are not exceeded. 9. Review subdivision and development plan submittals with regards to streets layout and spelling, as they relate to addressing. Track and ensure approved historical street name use by development. 10. Track development IL EPA water and sanitary permits and applications; work with Public Works Water Operators acquiring chlorination lab reports and mapping test points. Process IL EPA Operating Permit & Permit Partials requests. 11. Perform preliminary in-house review of builder's final site grading plan submittals to verify the approved engineering grading plans have been matched. Request revisions and/or additional spot elevation grades as necessary; compile inspection packet for engineering technician to perform onsite field inspections. 12. Process field inspection paperwork, request builder escrow funds for completion of public/site improvements for final inspection of lot/home completion, coordinate temporary occupancy certificate release and expiration date, track completion of public/site improvements, and close lot file for release of builder escrow funds and final occupancy certificate release. 13. Serve as liaison with county mapping department, neighboring communities, and Sidwell Company for identification of City parcels, tax identification numbers, website design properties, property lines, and parcel ownership. 14. Various other duties and responsibilities as directed by the Engineer. 15. Answer telephones and greet customers. Position Requirements—Knowledge, Skills, and Abilities: 1. Demonstrate a broad-based knowledge of Microsoft Excel and Microsoft Word programs. Demonstrate basic knowledge of AutoCAD software sufficient to print documents and create simple line drawings. 2. Ability to operate a variety of office equipment, including but not limited to computer, typewriter, copier, fax, scanner, large-scale plotter, and calculator, with minimal supervision. 3. Display professionalism and maintain strict confidentiality. 4. Exhibit mathematical and analytical qualities. DRAFT 5. Possess proficient customer service skills. 6. Excellent communication and writing skills. 7. Highly organized and able to prioritize job assignments. Minimum and Preferred Experience and Education: 1. Associates Degree with special emphasis on Engineering/Technical Fields, Data Management or any approved equivalent combination of experience and education that provides the required knowledge, skills, and abilities to perform job duties as stated above at the discretion of the City Engineer. 2. Willingness to attend training classes to increase knowledge of job-related skills and responsibilities. 3. Possession of valid Illinois Driver's License and Insurance. 4. Must successfully complete a background investigation. The duties listed above are intended only as an illustration of the various types of tasks that may be required and are not exhaustive. The omission of specific statements of duties does note exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and the employee, and is subject to modification at the discretion of the employer as the needs of the employer and/or agency change, or requirements of the position change. CHI 10982729.1 ' 0 Ci?..i. Reviewed By: ..$.* i 0.0 Legal ❑ City Council FinanceEI EST.kw 1836 �_ Engineer ❑ -C , * . City Administrator ❑ Agenda Item Tracking Number X11 L Co �O� Consultant ❑ -+ ltit cci-) "M aunty SEE '' El City Council Agenda Item Summary Memo Title: City Council/COW/Committee Agenda Date: Raintree Village II SSA 2005-107 Establishing Ordinance Synopsis: This was last presented at the 10/18/05 COW meeting. Three binders are available at City Hall (underneath staff/consultant mailboxes)that contains copies of both the Establishing Ordinance and Bond Ordinance for Raintree II SSA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Traci Pleckham Finance Name Department Agenda Item Notes: / M/n1 ,` :11 7 We/my/I-am/deMEMORANDUM TO: United City of Yorkville FROM: Peter Raphael RE: Document Approval DATE: November 14, 2005 In preparation for the November 8th Board Meeting, I wanted to outline the documents that will be before the Board for approval relating to Special Service Area Number 107. Essentially there are two ordinances and a host of exhibits. The ordinances will be presented in final form and the exhibits in substantially final form. Document Parties Description 1) The Establishing Ordinance Village (establishes the Special Service Area) -Exhibit A-Certificate NA (certificate of publication of notice) -Exhibit B-Receipt NA (evidence of mailing of notice) -Exhibit C—Legal Description NA (legal description of Area) -Exhibit D-Map NA (map of Area) -Exhibit E—Special Tax Roll and Report David Taussig& (sets forth the tax on each parcel) Associates(DTA) 2) The Bond Ordinance Village (authorizes the issuance of the Series 2005-107 Bonds) -Exhibit A—Legal Description NA (legal description of Area) -Exhibit B—Trust Indenture Village and Trustee (the Trust Indenture controls the flow and investment of funds) -Exhibit C—Bond Purchase Agreement Village and (Agreement whereby William Blair&Company William Blair agrees to purchase the Bonds) -Exhibit D—Agreement for Public Village and (Agreement setting forth the Village's and Lennar's Improvements Lennar responsibilities for constructing the public improvements) -Exhibit E—Limited Offering Village and (the document used by the Underwriter to sell the Memorandum Lennar Bonds) -Exhibit F-Agreement for Village and DTA (Agreement hiring DTA to assist in the preparation of Consulting Services the Special Tax Roll and Report) -Exhibit G-Agreement for Village and DTA (Agreement hiring DTA to administer Special Administrative Services Service Area Number One) WILLIAM BLAIR & COMPANY, L.L.C. 222 WEST ADAMS STREET CHICAGO, ILLINOIS 60606 312.236.1600 WWW.WILLIAMBLAIR.COM FN1/1 I(.1 7 ,QED Cir,, Reviewed By: Legal al ElCity Council e �`` Finance 0 ESTii4F iris Engineer ❑ n �► City Administrator 1=1 Agenda Item Tracking Number � t�-31 o Consultant ❑ NI,I c;CZ'15 - I CO <LE IVB 1=1 City Council Agenda Item Summary Memo Title: City Council/COW/Committee Agenda Date: Raintree Village II SSA 2005-107 Bond Ordinance Synopsis: This was last presented at the 10/18/05 COW meeting. Three binders are available at City Hall (underneath staff/consultant mailboxes) that contains copies of both the Establishing Ordinance and Bond Ordinance for Raintree II SSA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Traci Pleckham Finance Name Department Agenda Item Notes: