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Committee of the Whole Packet 2004 05-04-04 <st.D Co.). 0.r United City of Yorkville ��;; v.n MINCounty Seat of Kendall County EST. 1836 800 Game Farm Road L r- V) Yorkville, Illinois 60560 0 & 0 Phone:630-553-4350 11 . Fax:630-553-7575 LE AGENDA COMMITTEE OF THE WHOLE Tuesday, May 4, 2004 Immediately Following Special City Council Meeting City Conference Room Revised: 5/3/04 Public Hearing: None Presentations: None Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. Police Reports for March 2004 - PS 4/22/04 2. 307 & 309 Mulhern Court - Plat of Easement - PW 4/26/04 3. Bruell Street Pump Station Change Order #1 - PW 4/26/04 4. Bruell Street Forcemain & Sanitary Sewers Change Order #1 - PW 4/26/04 5. Raintree Village - ComEd Easements - PW 4/26/04 6. 2004 Crack Filling MFT Appropriation Resolution - PW 4/26/04 7. Bristol Ridge Road Reconstruction Bid Results - PW 4/26/04 - Recommendation to award bid to Aurora Blacktop in the amount of$1,435,017.08 8. Water Department Report for February 2004 - PW 4/26/04 9. Route 47 Watermain Bid Results - PW 4/26/04 - Recommendation to award bid to Neslund & Associates in the amount of$737,021.15 Mayor: 1. Ethics Ordinance 2. Pollution Control Ordinance 3. Kendall County's Request to waive County Jail Permit Fees Page 2 Committee of the Whole May 4, 2004 Economic Development Committee: 1. Resolution Amending Façade Program — EDC 4/19/04 2. PC 2002-06 Westbury Village - Annexation Agreement and Preliminary Plan - Plan Comm 4/14/04 and EDC 4/19/04 Park Board: 1. No Report. Public Works Committee: 1. Ordinance Banning Depositing of Snow in the Street - PW 3/22/04 2. Game Farm Road & Somonauk Roadway Improvements - PW 2/23/04 & COW 3/16/04 3. USGS Joint Funding Agreements to Survey Channel Crossing from Blackberry Creek - PW 4/26/04 4. Institutional Agreement for Fox Industrial Park - PW 3/22/04 5. Bruell Street Lift Station - Main Street Overlay 6. Bid Results for Sewer Vacuum Truck Public Safety Committee: 1. Ordinance Amending Liquor Sampling Ordinance - PS 4/22/04 2. Bids for Digital Recording of Interview Room - PS 4/22/04 Administration Committee: 1. No Report. Additional Business: THE coU T ° I(ENDALL KENDALL COUNTY BOARD 111 West Fox Street 19,1841 FEBRLAR� Yorkville, Illinois 60560-1498 (630) 553-4171 FAX (630) 553-4214 April 27, 2004 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Public Safety Center Permit Fee Reduction and Construction Start Dear Mr. Graff: Thank you for taking the time this week to discuss the reduction of the permit fees and construction start for the public safety center. As requested, I am sending this letter to officially request permit fee reductions in line with previous reductions approved for the County's new office building on John Street. Also, while the request for fee reduction goes through appropriate City procedures, the County would like to begin construction activity to help remain on schedule for completion next summer. I attached the fee tabulation sheet for reference. The numbers below include the fees in tabulation sheet and requested fee reductions in line with the fees for the new office building. Previously, the City was gracious in waiving internal staff costs and only charged for the actual cost of the water meter and direct costs charged by the City's building inspection contractor. Permit/Plan Review and Inspection Initial Fee Requested Fee Building Permit* $6,022 $50 per required inspection (billed during construction) Plan Review $1,014 $1,014 (no change for actual cost) Public Works/Water/ Sewer $5,932 Actual cost of water meter only Engineering Plan Review $1,493.14 Waive fee Engineering Admin Fee $2,090.40 Waive fee * Please provide estimated number of inspections and bill during construction on periodic basis, such as monthly or bi-monthly. Page 2 Permit Fee Thank you for your consideration and assistance in this matter and aiding the progress of the project. Please do not hesitate to call me at 553-4142 if you have any questions or concerns. Very �Truly Yours, , 7"72'1,2 ) f 1. Jeff Wilkins Kendall County Administrator cc: Kendall County Board y ^ i • PERMIT ADDRESS ` 0 2 C 0 _"t•,.‘ ELL. PERMIT NUMBER TYPE OF FEE AMOUNT PERMIT/ PLAN REVIEW AND INSPECTION Building Permit ro 0 2.2 .00 Misc. Permit (_ ) Reinspection Plan Review • / 0/'' Ott Consultant - - CONTRIBUTIONS Park District Land/Cash School District Land/Cash Other ( ) Other ( ) Other ( -- -) PUBLIC WORKS/WATER/SEWER Sewer Tap 69=`=1y 831/00eA. r 5 932. .00 Water Tap _ Av Water Meter ^>M Parkway Restoration Deposit Other (_ ) Other (_ ) RECAPTURE Water Sewer Other OTHER Note Type: L„ Zv‘.� 93 Note Type' _tAS._, mt__Pe c . 090. 0 RECEIVED FROM / DATE TOTAL AMOUNT //6) 557. 40 RECEIVED BY WHITE- BUILDING DEPT. YELLOW-CITY CLERK PINK- RESIDENT S,„tENT OF 1. el riTp United States Department of the Interior 9 • U.S. GEOLOGICAL SURVEY 4"ggCH 3 ,Ba WATER RESOURCES DISCIPLINE 221 NORTH BROADWAY AVENUE, SUITE 101 URBANA, ILLINOIS 61801-2748 (217) 344-0037 FAX (217) 344-0082 WEB SITE: il.water.usgs.gov/ April 29, 2004 Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Tony: Thank you for the opportunity to present the Blackberry Floodplain and Floodway Mapping proposal to the Yorkville Public Works Department committee. At the request of the committee we are submitting the following packet for the May 4, 2004 board meeting: • Revised Joint Funding Agreement (JFA) for the full Yorkville portion of the project— $24,490 • Simple three page summary outlining the project, models used, and USGS contact information Enclosed are three Joint Funding Agreements (JFA) for the period April 29, 2004 through September 30, 2004 to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project. This agreement provides for an expenditure of $24,490 by the U.S. Geological Survey and $24,490 by the City of Yorkville. This JFA replaces the JFA dated March 23, 2004. The committee did not consider it necessary for a USGS representative to attend the May 4 meeting, but Tim Straub of my staff will be in the Chicago area during the week of May 3, 2004, if you need him to attend. The survey work has been completed and there is a strong need for us to get the JFA signed soon. If you have questions or comments about any of the information, please contact me at (217) 344-0037, extension 3005 or bholmes @ usgs.gov, or Tim Straub at (217) 344-0037, extension 3024 or tdstraub@udsq.gov. If you concur, please sign two JFAs and return them to this office for processing. Work performed with funds from this agreement will be conducted on a fixed-price basis. We appreciate your continued interest in the cooperative program. Si - ely, Robert R. Holmes, Jr., PhD, P.E. District Chief Illinois District Page 1of1 Form 9-1366 U.S. Department of the Interior Customer#: (Nov.1998) U.S.Geological Survey Agreement#: Joint Funding Agreement Project#: TIN#: Fixed Cost Agreement Yes FOR Water Resources Discipline THIS AGREEMENT is entered into as of the 29th day of April,2004,by the U.S.GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part,and the City of Yorkille, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project herein called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program (a) $24,490 by the party of the first part during the period April 29,2004 to September 30,2004 (b) $24,490 by the party of the second part during the period April 29,2004 to September 30,2004 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records.Upon request,copies of the original records will be provided to the office of the other party. 8. The maps, records,or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records,or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps, records,or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered annually. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof,that the payment is delayed beyond the due date. (31 USC 3717;Comptroller General File B-212222,August 23, 1983). U.S.GEOLOGICAL SURVEY City of Yorkville UNITED STATES DEPARTMENT OF THE INTERIOR By: Date By: a! . Date Z /Uc( By: Date Title •obert R. Holmes,Jr., Distr ct Chief 1 By: Date (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) https://gsvaresa01.er.usgs.gov/WebForms/9-1366.nsf/a6b604c68916253085256d83006e 1 a60?Ope... 4/29/2004 UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer Subject: Bruell Street Lift Station Proj t —Main Street Overlay Date: May 3, 2004 At last month's Public Works Committee meeting, there was discussion about adding the last block of West Main Street to this year's street capital improvement program. I informed the committee that most of West Main was going to be patched as part of the Bruell Street sewer project, but that the last block was not affected by the sewer project. Also, West Main Street was not one the approved Capital Improvement program that was approved by the Committee of the Whole last year. The sewer work on West Main is now complete, and there isn't much left of the existing road. Rather than patching the road, Deuchler recommended removal of the remaining pavement and repaving the entire roadway. The cost of doing this work is about the same as patching the roadway but will result in a better road, therefore we have instructed the contractor to remove the balance of the existing pavement. During our discussions, I also asked Deuchler to get a price for overlaying the last block of West Main Street. That cost is around $15,000, which is a reasonable amount. This work is not budgeted and we cannot use MFT funds. We have already agreed to fund a $10,000 - $15,000 overlay of Corneils Road, which is also non-MFT. Our other road projects this year are the annual bituminous surface treatment and Cannonball Trail. These are important projects that need to be done, therefore I recommend that if we cannot allocate additional funds, we either do not overlay that last block or we consider delaying the construction of sidewalk along Fox Road until next year. The sidewalk work is estimated to cost around $10,000. Please place this item on the Committee of the Whole agenda of May 4, 2004 as an additional business item. If approved at COW, it will be brought back for formal approval once the work is complete and final quantities are known. If you need additional information regarding this matter, please see 0461-4,d4" c.( me. y Cc: Eric Dhuse, Director of Public Works Traci Pleckham, Director of Finance UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LIZ D'ANNA May 4, 2004 TO: Mayor and City Council Department Heads Please add the attached memo from Eric Dhuse regarding the Bid Results for the Sewer Vacuum Truck (Public Works Item #6) to your Committee of the Whole Packet for this evening's meeting. Thank you, Liz D'Anna Deputy Clerk J� in,t, 0 United City of Yorkville ' County Seat of Kendall County EST. 1836 800 Game Farm Road - CO Yorkville, Illinois 60560 Q 1 ; - O Phone:630-553-4350 °��81 Fax:630-553-7575 ,f„ Ke dao Y ��LE ��v To: Art Prochaska, Mayor From: Eric Dhuse, Public Works Date: May 3, 2004 Re: Results of RFP for Sewer Cleaning Machine Art, . The Public Works department had previously conducted a thorough assessment of the City's immediate needs and inventoried their existing equipment. On Thursday April 29, 2004 the Public Works Department issued a Request for Proposals for a new combination sewer jetter and vacuum system. The City requested a base unit which consisted of an International model 7400 series truck, nine cubic yard debris body, sewer cleaning jetter, and vacuum system. Additionally, the City requested proposals for a camera system,hydro-excavating system, and a wireless remote system for the jetter system. Standard Equipment submitted a total of two bids to the City and EJ Equipment submitted one bid to the City during the Proposal Period. The following constitutes a breakdown of the bids submitted to the City: Standard Equipment Bid 1 International model 7400 with Vactor model 2100 jetter/vacuum system $210,316 (The chassis included in the proposal failed to meet the specifications requested by the City.) Inspection Camera and TV System Not included (Manufacture does not provide this product and therefore proposal did not provide the City with a bid for this item) Hydro-excavation System $3090 Wireless Remote Jetter Control ($3500) (The City does not desire to purchase this product) TOTAL $213,406 Delivery will be 90-120 days after receipt of chassis which will be ordered upon acceptance. Standard Equipment Bid 2 Sterling Model 7501 with Vactor model 2110X jetter system $197,742 (The chassis included in the proposal failed to meet the specifications requested by the City and would not be compatible with the current equipment utilized by the City) Inspection Camera and TV System Not included (Manufacture does not provide this product and therefore in proposal did not provide the City with a bid for this item) Hydro-excavation System Not included In proposal Wireless Remote Jetter Control Not included (The City does not desire to purchase this product) in proposal TOTAL $197,742 Delivery will be 90-120 days after receipt of chassis which will be ordered upon acceptance. EJ Equipment International model 7400 with VAC-CON model V390 Jetter $201,975 Inspector Camera and TV System $14,500 Hydro-excavation System $3900 Wireless Remote for Jetter ($3500) (The City does not desire to purchase this product) TOTAL $220,375 Delivery will be 3-4 weeks after purchase order received Based on the specifications, options, and delivery time, I would recommend that we purchase the unit proposed by EJ Equipment of Manteno, Illinois at a cost of $220, 375. If anyone has questions or concerns, I will gladly go through the proposal with them. DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.W0W INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ABACUS ABACUS/ATLAS, INC. 15412 04/16/04 01 PD-REPAIR SCALE & CERTIFY 0121062005408 00302542 05/11/04 444 .84 INVOICE TOTAL: 444.84 VENDOR TOTAL: 444 .84 AKKRAMER ATTORNEY DANIEL J. KRAMER $1.6M DEBT CERT 04/21/04 01 ATTORNEY-HYDRAULIC INTERCEPTOR 3700075007502 05/11/04 900.00 INVOICE TOTAL: 900.00 04/21/04 04/21/04 01 ATTORNEY-RUNGE ANNEXATION 0100013001372 05/11/04 190.00 INVOICE TOTAL: 190.00 3.5M GEN OBBOND 04/23/04 01 ATTY FEES APRIL 2004 3700075007503 05/11/04 1,050.00 INVOICE TOTAL: 1,050.00 BROWNFIELD 04/21/04 01 ATTORNEY-BROWNFIELD 0111061005300 05/11/04 205.00 INVOICE TOTAL: 205.00 BRUELL LIFT STA 04/23/04 01 ATTY SERVICES APRIL 2004 3700075007504 05/11/04 735.00 INVOICE TOTAL: 735.00 CAN HILLS 04/23/04 01 CANNONBALL HILLS ZONING 0100013001372 05/11/04 180.00 INVOICE TOTAL: 180.00 CORLANDS 04/21/04 01 ATTORNEY-HYDRUALIC 7200075007326 05/11/04 692.00 INVOICE TOTAL: 692.00 CORNERSTONE 04/21/04 01 ATTORNEY-CORNERSTONE 0100013001372 05/11/04 1, 322.14 INVOICE TOTAL: 1,322.14 COUNTRY HILLS 04/23/04 01 ATTY SERVICES APRIL 2004 7200075007302 05/11/04 200.00 INVOICE TOTAL: 200.00 CSIDE CTR GREEN 04/23/04 01 ATTY SERVICES APRIL 2004 3700075007503 05/11/04 110.00 INVOICE TOTAL: 110.00 4111 1111 • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER FACADE 04/21/04 01 ATTORNEY-FACADE / APPEAR. ORD 0111061005300 05/11/04 70.00 INVOICE TOTAL: 70.00 FOX HILL P9, 10 04/23/04 01 FOX HILL PODS 9 & 10 0100013001372 05/11/04 1,250.00 INVOICE TOTAL: 1,250.00 FOX HILL U7 04/23/04 01 FOX HILL UNIT 7 0100013001372 05/11/04 75.00 INVOICE TOTAL: 75.00 GO-TANE 04/21/04 01 GO-TANS PROGRESSIVE HOLDINGS 0100013001372 05/11/04 910.00 INVOICE TOTAL: 910.00 GILBERT PURCH. 04/23/04 01 LEGAL SVC APRIL 2004 7300065005808 05/11/04 270.00 INVOICE TOTAL: 270.00 GOV AGMT 04/23/04 01 FOX METRO AGMT, ATTY SVC 4/04 3700065005800 05/11/04 525.00 02 JUR XFER OF ELDEMAIN RD LGL 0111061005300 230.00 INVOICE TOTAL: 755.00 GRIESMAN EASE 04/21/04 01 ATTORNEY-BRUELL ST INTERCEPTOR 3700075007504 05/11/04 355.00 INVOICE TOTAL: 355.00 HEARTLAND 04/21/04 01 ATTORNEY-LITIGATION STORMWATER 0122061005300 05/11/04 5, 150.00 INVOICE TOTAL: 5, 150.00 HOOVER-BOYSCOUT 04/21/04 01 ATTORNEY-BOY SCOUT 0111061005300 05/11/04 200.00 INVOICE TOTAL: 200.00 INSURANCE CLAIM 04/21/04 01 ATTORNEY-WORKMAN'S COMP CLAIM 0111061005300 05/11/04 230.00 INVOICE TOTAL: 230.00 KYLYN'S CROSSIN 04/21/04 01 ATTORNEY-KYLYN'S CROSSING 0100013001372 05/11/04 75.00 INVOICE TOTAL: 75.00 LAND CASH ORD 04/21/04 01 ATTORNEY-LAND CASH ORDINANCE 0111061005300 05/11/04 200.00 INVOICE TOTAL: 200.00 • 1111 i DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER LIQUOR ORDINANC 04/21/04 01 ATTORNEY-LIQUOR ORDINANCE 0111061005300 05/11/04 140.00 INVOICE TOTAL: 140.00 MENARDS 04/21/04 01 ATTORNEY-MENDARDS RESIDENT ZON 0100013001372 05/11/04 300.00 INVOICE TOTAL: 300.00 MPI-MOSER 04/21/04 01 ATTORNEY-GRANDE RESERVE ZONING 0100013001372 05/11/04 1,400.00 INVOICE TOTAL: 1, 400.00 NELSON LANDFILL 04/21/04 01 ATTORNEY-NELSON LANDFILL 0111061005300 05/11/04 380.00 INVOICE TOTAL: 380.00 PK BD/REC DEPT 04/23/04 Ol LGL SVC PARK BD/REC DEPT 0122061005300 05/11/04 200.00 INVOICE TOTAL: 200.00 POLLUTION CTROL 04/21/04 Ol ATTORNEY-POLLUTION CONTROL ORD 0111061005300 05/11/04 350.00 INVOICE TOTAL: 350.00 POST OFFICE 04/21/04 Dl POST OFFICE SITING 0111061005300 05/11/04 1,390.00 INVOICE TOTAL: 1, 390.00 RIVER'S EDGE 04/21/04 01 ATTORNEY-RIVER'S EDGE 0100013001372 05/11/04 97.00 INVOICE TOTAL: 97.00 SPRINT TOWER 04/21/04 01 ATTORNEY-WATER TOWER LEASE 5100061005300 05/11/04 550.00 INVOICE TOTAL: 550.00 TANGLEWOOD 04/23/04 01 TANGLEWOOD TRAILS 0100013001372 05/11/04 1, 140.00 INVOICE TOTAL: 1, 140.00 UTILITY AUDIT 04/21/04 01 UTILITY AUDIT 0111061005300 05/11/04 50.00 INVOICE TOTAL: 50.00 WATER TOWER 04/21/04 01 WATER EASEMENTS-NORTH TOWER 4100061005300 05/11/04 695.00 INVOICE TOTAL: 695.00 . . 1111 DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER WCC-CONOVER 04/21/04 01 ATTORNEY-CONOVER PROPERTY 0111061005300 05/11/04 360.00 INVOICE TOTAL: 360.00 WESTBURY 04/21/04 01 WESTBURY ZONING & ANNEXATION 0100013001372 05/11/04 610.00 INVOICE TOTAL: 610.00 WINDETT RIDGE 04/21/04 01 WINDETT RIDGE SSA BOND AGREE 0100013001372 05/11/04 225.00 INVOICE TOTAL: 225.00 WOODWORTH 04/21/04 01 EASEMENTS-BRUELL ST PROJECT 3700075007504 05/11/04 925.00 INVOICE TOTAL: 925.00 VENDOR TOTAL: 23, 936.14 ALOHA ALOHA COFFEE COMPANY 0000040-IN 04/15/04 01 APPRECIATION DINNER 0111064005607 05/11/04 53.00 INVOICE TOTAL: 53.00 VENDOR TOTAL: 53.00 AROWUNI ARROW UNIFORM RENTAL 03-364115 04/19/04 01 FLOOR MAT CLEANING 1600075007203 05/11/04 30.00 INVOICE TOTAL: 30.00 03-367130 04/29/04 01 FLOOR MAT CLEANING 1600075007203 05/11/04 30.00 INVOICE TOTAL: 30.00 VENDOR TOTAL: 60.00 ATT AT&T 04/13/04 04/13/04 01 TELEPHONE 0111062005436 05/11/04 36.12 02 TELEPHONE 0121062005436 36.12 03 TELEPHONE 5100062005436 36.12 INVOICE TOTAL: 108.36 VENDOR TOTAL: 108.36 4 4111 4111 DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AUTOSP AUTOMOTIVE SPECIALTIES, INC. 04/28/04 04/28/04 01 M-12 ROTATE TIRES 0121062005409 05/11/04 17.95 02 M-1 COIL 0121062005409 84 .84 INVOICE TOTAL: 102.79 VENDOR TOTAL: 102.79 BCBS BLUE CROSS BLUE SHIELD 092465 04/14/04 01 MAY 2004 HEALTH INSURANCE 0111050005203 05/11/04 43,392.64 INVOICE TOTAL: 43,392.64 VENDOR TOTAL: 43, 392.64 BEHRB BEHRENS, BRETT 042604 04/26/04 01 VISION REIMBURSEMENT 0111050005205 05/11/04 314 .80 INVOICE TOTAL: 314.80 VENDOR TOTAL: 314 .80 BEHRD BEHRENS, DAVID 042104 04/21/04 01 DENTAL REIMBURSEMENT 0111050005205 05/11/04 110.00 INVOICE TOTAL: 110.00 VENDOR TOTAL: 110.00 BKFD BRISTOL KENDALL FIRE DEPART. MAR/APR 04/30/04 01 MARCH & APRIL FEES 9500078009010 05/11/04 24, 450.00 INVOICE TOTAL: 24,450.00 VENDOR TOTAL: 24, 450.00 BRENART BRENART EYE CLINIC 409645 04/26/04 01 EYE INJURY - MOORE 5100065005800 05/11/04 67.00 INVOICE TOTAL: 67.00 VENDOR TOTAL: 67.00 • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CINTAS CINTAS FIRST AID & SAFETY 0343211046 04/14/04 01 FILL PUB WORKS MED CABINET 5200075007004 00201877 05/11/04 71.52 INVOICE TOTAL: 71.52 0343211048 04/14/04 01 WIPES, CREAM, PAIN RELIEF, EYE 0121065005804 00302537 05/11/04 43.50 INVOICE TOTAL: 43.50 VENDOR TOTAL: 115.02 COLORFST COLORFAST 1006 04/27/04 01 M4, M13 PAINT REPAIRS 0121062005408 00302353 05/11/04 300.00 INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 COMDIR COMMUNICATIONS DIRECT INC 62052 04/19/04 01 VEH 8, 11 DECK LT, CAM XPONDER 0121062005409 00302518 05/11/04 110.00 INVOICE TOTAL: 110.00 VENDOR TOTAL: 110.00 COMED COMMONWEALTH EDISON 1887036018 03/31/04 01 MARCH CONCESSION STAND ELEC 1600075007200 05/11/04 119.06 INVOICE TOTAL: 119.06 VENDOR TOTAL: 119.06 CONDESGN CONSERVATION DESIGN FORUM 0003078 04/07/04 01 UNDESSER PROP SITE PLAN REVIEW 0100013001372 05/11/04 93.75 INVOICE TOTAL: 93.75 0003079 04/07/04 01 GR RESERVE PLAN REVIEW 0100013001372 05/11/04 3, 648.75 INVOICE TOTAL: 3, 648.75 0003080 04/07/04 01 STORMWATER ORD. DEVELOPMENT 0122062005401 05/11/04 1, 125.00 INVOICE TOTAL: 1, 125.00 VENDOR TOTAL: 4,867.50 • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DELAND DELANEY, DAVID DENTAL 04/26/04 04/28/04 01 DENTAL CARE 0111050005205 05/11/04 97.00 INVOICE TOTAL: 97.00 VENDOR TOTAL: 97.00 DEPO DEPO COURT REPORTING SERVICE 10943 04/26/04 01 MINUTE TAKING 0111062005401 05/11/04 319.60 INVOICE TOTAL: 319.60 VENDOR TOTAL: 319.60 DEUCHEN DEUCHLER ENVIRONMENTAL, INC. 4053 03/31/04 01 YR RADIUM SLUDGE SAMPLING 4100061005401 05/11/04 1, 138.13 INVOICE TOTAL: 1, 138.13 VENDOR TOTAL: 1, 138.13 DEUCLER DEUCHLER, WALTER E. ASSOC. 10903 03/31/04 01 MARCH ENG. SVC C'SIDE INTERCEP 3700062005402 05/11/04 6, 922.21 INVOICE TOTAL: 6, 922.21 10904 03/31/04 01 C'SIDE GREENSPACE ENG. FEES 3700062005402 05/11/04 736.43 INVOICE TOTAL: 736.43 10905 03/31/04 01 ENGINEERING-HYDRAULIC INTERCPT 3700062005406 05/11/04 7, 101.42 INVOICE TOTAL: 7, 101.42 10906 03/31/04 01 MARCH ENG. SVC BRUELL ST. FM 3700062005405 05/11/04 664 .98 INVOICE TOTAL: 664 .98 VENDOR TOTAL: 15, 425.04 DLT DLT SOLUTIONS, INC. 193369 04/13/04 01 AUTOCAD LT 2005 SUBSCRIPTION 0115065005801 05/11/04 350.00 • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DLT DLT SOLUTIONS, INC. 193369 04/13/04 02 AUTOCAD LT 0115062005410 05/11/04 362.00 INVOICE TOTAL: 712.00 VENDOR TOTAL: 712.00 EIU EASTERN ILLINOIS UNIVERSITY 04/19/04 04/19/04 01 2003 IL MUN TREASURERS POWELL 0111064005604 05/11/04 285.00 INVOICE TOTAL: 285.00 VENDOR TOTAL: 285.00 FARREN FARREN HEATING & COOLING 3065 04/19/04 01 REPAIR CITY HALL A/C 1600075007204 05/11/04 255.00 INVOICE TOTAL: 255.00 3076 04/27/04 01 CITY HALL REPAIR-AIR CONDITION 1600075007204 05/11/04 730.74 INVOICE TOTAL: 730.74 VENDOR TOTAL: 985.74 FIRST FIRST PLACE RENTAL FP144604 03/31/04 01 3 STREET BROOMS 0141065005815 00201823 05/11/04 48.00 INVOICE TOTAL: 48.00 VENDOR TOTAL: 48.00 FOXRIVER FOX RIVER STUDY GROUP 042804 04/28/04 01 WATER STUDY PH2 PYMT 4100065005800 05/11/04 1, 550.00 INVOICE TOTAL: 1,550.00 VENDOR TOTAL: 1, 550.00 FOXVALLY FOX VALLEY SEWER SERVICES INC 2003-1531 03/31/04 01 ROD BASEMENT PIPES 1600075007203 00302517 05/11/04 145.00 INVOICE TOTAL: 145.00 VENDOR TOTAL: 145.00 4111 4111 • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT GENEVA GENEVA CONSTUCTION 44551 04/15/04 01 12.3 TONS COLD PATCH 1500075007110 00201874 05/11/04 996.30 INVOICE TOTAL: 996.30 VENDOR TOTAL: 996.30 GRTAMLES GREATAMERICA LEASING CORP. 3771416 04/22/04 01 MONTHLY COPIER LEASE 0111062005412 05/11/04 1, 616.00 INVOICE TOTAL: 1, 616.00 3786961 04/28/04 01 PW COPIER LEASE 5100062005408 05/11/04 140.00 INVOICE TOTAL: 140.00 VENDOR TOTAL: 1,756.00 HELLANDJ HELLAND, JONATHON 042004 04/20/04 01 VISION REIMBURSEMENT 0111050005205 05/11/04 150.85 INVOICE TOTAL: 150.85 VENDOR TOTAL: 150.85 HENNE HENNE CONSTRUCTION & ELECTRIC 041604 04/16/04 01 24029: LIGHT AT 47/71 0141062005414 00201831 05/11/04 50.00 02 23990: 34/47 2 LT HEAD REPLACE 0141062005414 560.40 03 23935: 34/47 1 LT HEAD REPLACE 0141062005414 331.70 04 24004: 551 GARDEN DR EMERGENCY 0141062005414 253.00 05 24045: 1901 CANDLEBERRY ST LT 0141062005415 140.50 06 24043: MDWVIEW/YELLOW ST LT 0141062005415 87.78 07 24038: 47/SHELL ENTRANCE LT 0141062005415 311.50 08 24040: 34/47 BULB REPLACE 0141062005415 75.00 09 24041: 965 HEARTLAND PHOTOCELL 0141062005415 75.28 INVOICE TOTAL: 1, 885.16 VENDOR TOTAL: 1,885.16 HOGAN HOGAN WALKER, LLC 4111 • • mow DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HOGAN HOGAN WALKER, LLC 041604 04/16/04 01 355565: 3 FILTER ELEMENTS 0141062005408 00201825 05/11/04 45.75 02 355570: 1 FILTER ELEMENT 0141062005408 6.50 03 355571: 1 LAMP 0141062005408 35.75 INVOICE TOTAL: 88.00 VENDOR TOTAL: 88.00 HOULA HOULE, ANTHONY 04/28/04 04/28/04 01 VISION ASSISTANCE 0111050005205 05/11/04 154 .00 INVOICE TOTAL: 154 .00 04/29/2004 04/29/04 01 VISION CARE REIMBURSEMENT 0111050005205 05/11/04 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 254.00 ICMA INTERNATIONAL CITY/COUNTY MGMT SGN38668304 04/07/04 01 SUB RENEWAL SMART GROWTH NETWK 0111064005600 05/11/04 29.00 INVOICE TOTAL: 29.00 VENDOR TOTAL: 29.00 ILMA ILMA 042004 04/20/04 01 J MOORE MEMBERSHIP RENEWAL 5100065005804 00201786 05/11/04 20.00 INVOICE TOTAL: 20.00 VENDOR TOTAL: 20.00 ILMUNLEG ILLINOIS MUNICIPAL LEAGUE MARTIN REGISTER 04/29/04 01 CREATE YOUTH/ADULT PARTNERS 0121064005604 05/11/04 65.00 INVOICE TOTAL: 65.00 VENDOR TOTAL: 65.00 JOLSUSP JOLIET SUSPENSION, INC • • • 11. DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT JOLSUSP JOLIET SUSPENSION, INC 56613 04/27/04 01 M-12, REPLACE 2 REAR COILS 0121062005408 00302552 05/11/04 175.88 INVOICE TOTAL: 175.88 VENDOR TOTAL: 175.88 KOPY KOPY KAT COPIER 31236 04/29/04 01 SERVICE FAX MACHINE B & Z 0122065005809 05/11/04 95.00 INVOICE TOTAL: 95.00 47338 04/12/04 01 COLOR COPIER COPIES & SUPPLIES 5100065005809 05/11/04 3,000.00 INVOICE TOTAL: 3,000.00 VENDOR TOTAL: 3,095.00 LAWSON LAWSON PRODUCTS 1945458 04/19/04 01 STREET MAINTENANCE SUPPLIES 0141075005419 00201872 05/11/04 584 .29 INVOICE TOTAL: 584 .29 VENDOR TOTAL: 584 .29 LOGOMAX LOGOMAX 2004-46 04/26/04 01 3 POLO, 3 SHIRTS SCHWARTZKOPF 0121062005421 00302567 05/11/04 153.00 INVOICE TOTAL: 153.00 505382 03/25/04 01 3 POLO, 3 SPORT SCHWARTZKOPF 0121062005421 00302546 05/11/04 153.00 INVOICE TOTAL: 153.00 VENDOR TOTAL: 306.00 MEADE MEADE ELECTRIC COMPANY, INC. 315048, 615163 04/23/04 01 47/C'BALL, 34/MC HUGH MAINT 0141062005414 00201876 05/11/04 681.04 INVOICE TOTAL: 681.04 VENDOR TOTAL: 681.04 MENARDS MENARDS INC. • III DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT 4 P.O. # DUE DATE ITEM AMT MENARDS MENARDS INC. 95840 04/07/04 01 OUTLETS, WIRE, CONNECTORS 0141065005804 05/11/04 47.33 INVOICE TOTAL: 47 .33 95873 04/07/04 01 GATORGRIP SOCKET SET 0141065005804 05/11/04 14 .38 INVOICE TOTAL: 14 .38 96021 04/08/04 01 4PK VIVA PAPER TOWELS 0141065005804 05/11/04 31.12 INVOICE TOTAL: 31.12 98586 04/22/04 01 1-POLE BREAKER, 90* CONNECTOR 0141065005804 05/11/04 10.08 INVOICE TOTAL: 10.08 98589 04/22/04 01 5/16" QUICK LINK 0141065005804 05/11/04 3.99 INVOICE TOTAL: 3.99 VENDOR TOTAL: 106.90 METEOR METEORLOGIX 10664376 04/16/04 01 WEATHER RADAR SUBSCRIPTION 0141075007004 00201873 05/11/04 1, 116.00 INVOICE TOTAL: 1,116.00 VENDOR TOTAL: 1, 116.00 METLIFE METLIFE SMALL BUSINESS CENTER BGGR0979840001 05/03/04 01 LIFE INSURANCE PREMIUMS 0111050005204 05/11/04 2,478.45 INVOICE TOTAL: 2,478.45 VENDOR TOTAL: 2, 478.45 NEMRT NORTH EAST MULTI-REGIONAL 51144 04/25/04 01 S. FRIDDLE 40HR JUVENILE TEST 0121064005605 00302568 05/11/04 75.00 INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 NEXTEL NEXTEL COMMUNICATIONS • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NEXTEL NEXTEL COMMUNICATIONS MAR18-APR17 04/22/04 01 ADMIN/ENGINEERING CHARGES 0111062005438 05/11/04 293.38 02 STREETS DEPT. CHARGES 0141062005438 181.38 03 SEWER DEPT. CHARGES 5200062005438 97.29 04 WATER DEPT. CHARGES 5100062005438 273.24 06 POLICE DEPT. CHARGES 0121062005438 552.63 INVOICE TOTAL: 1, 397.92 VENDOR TOTAL: 1,397 .92 NICOR NICOR GAS 04/29/04 04/29/04 01 1 W. VAN EMMON 04/2004 BILL 0111078009002 05/11/04 178.69 02 610 TOWER LN 04/2004 BILL 0111078009002 255.71 03 1 RT 47 04/2004 GAS BILL 0111078009002 241.31 04 131 E HYDRAULIC 04/2004 BILL 0111078009002 549.95 05 908 GAME FARM 04/2004 BILL 0111078009002 1, 192.28 INVOICE TOTAL: 2, 417.94 3-27-86-0360-4 04/12/04 01 610 TOWER LN GAS BILL 0111078009002 05/11/04 749.77 INVOICE TOTAL: 749.77 VENDOR TOTAL: 3, 167.71 OCSIGN O.C. SIGNWORKS 04/26/04 04/26/04 01 NUMBERED SIGNS ABOVE DOORS 1600075007204 05/11/04 293.54 INVOICE TOTAL: 293.54 VENDOR TOTAL: 293.54 OFFWORK OFFICE WORKS 52760I 04/26/04 01 WHITE LINEN COVERS 0121065005804 00302550 05/11/04 30.87 INVOICE TOTAL: 30.87 VENDOR TOTAL: 30.87 OHERRCOM RAY O'HERRON COMPANY • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OHERRCOM RAY O'HERRON COMPANY 18708 04/12/04 01 BIANCHI BELT LINER KLINGEL 0121062005421 00302519 05/11/04 23.95 INVOICE TOTAL: 23.95 VENDOR TOTAL: 23.95 OHERRON O'HERON, RAY 0413025-IN 04/19/04 01 2 K-9 SNARE POLES 0121065005804 00302512 05/11/04 169.25 INVOICE TOTAL: 169.25 VENDOR TOTAL: 169.25 OMALLEY O'MALLEY WELDING & FABRICATING 041604 04/16/04 01 STEEL 0141075005419 00201827 05/11/04 297.67 INVOICE TOTAL: 297.67 10181 04/23/04 01 REPAIR WELD ON LT POLE FIXTURE 0141062005415 05/11/04 30.00 INVOICE TOTAL: 30.00 VENDOR TOTAL: 327. 67 PAYLINE PAYLINE WEST, INC. P55053 04/05/04 01 BARRIER, FRT IN/OUT 0141062005408 00201830 05/11/04 171.57 INVOICE TOTAL: 171.57 VENDOR TOTAL: 171.57 PFISTERR RALPH PFISTER 53 04/22/04 01 MATL, LABOR TO REPAIR DRIVEWAY 5100065005804 05/11/04 1,725.00 INVOICE TOTAL: 1,725.00 VENDOR TOTAL: 1,725.00 PITNEY PITNEY BOWES, INC. 4060068-MR04 03/23/04 01 QUARTERLY CHARGES 0111065005808 05/11/04 266.06 INVOICE TOTAL: 266.06 4111 1111 1111 DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT PITNEY PITNEY BOWES, INC. 790858 04/15/04 01 EZ SEAL FOR POSTAGE MACHINE 0111065005808 05/11/04 28.89 INVOICE TOTAL: 28.89 VENDOR TOTAL: 294.95 PLECKD PLECKHAM, DAN 04/30/04 VISION 04/30/04 01 VISION BENEFITS REIMBURSEMENT 0111050005205 05/11/04 124 .00 INVOICE TOTAL: 124 .00 VENDOR TOTAL: 124.00 POSTNET POSTNET IL 124 04/01/04 04/01/04 01 PRINTS & COPIES FEES 0122065005809 05/11/04 87.00 INVOICE TOTAL: 87.00 VENDOR TOTAL: 87.00 PROTECT PROTECTIVE PRODUCTS 0015985-IN 04/22/04 01 1 GLADIATOR VEST SCHWARTZKOPF 0121062005421 00302362 05/11/04 1,520.00 INVOICE TOTAL: 1, 520.00 VENDOR TOTAL: 1,520.00 PTW & CO PTW & CO. 042904 04/29/04 01 8174: QTR GEN LEDGER SVC 0111061005305 05/11/04 303.25 02 BANK SVC RFP, COLLATERAL AGMT 0111061005305 1,248.75 03 8228: GASB 34 IMPLEMENTATION 0111061005308 596.13 INVOICE TOTAL: 2, 148.13 VENDOR TOTAL: 2, 148.13 PYRAMID PYRAMID SCHOOL PRODUCTS 04/29/04 04/29/04 01 PD JOINT PURCHASING PO 102085 0121065005804 05/11/04 23.30 INVOICE TOTAL: 23.30 VENDOR TOTAL: 23.30 • • • mum DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 12:37:31 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR it DATE # DESCRIPTION ACCOUNT 8 P.O. # DUE DATE ITEM AMT QUILL QUILL CORPORATION 04/26/04 04/26/04 01 BIND MACHINE, BINDERS, COVERS 0121065005804 00302549 05/11/04 473.95 INVOICE TOTAL: 473.95 7622073 03/29/04 01 5 BKS POST CARDS FOR UTIL BILL 5100065005804 00102117 05/11/04 49.45 INVOICE TOTAL: 49.45 7981979 04/15/04 01 LEGAL HANG FLDRS/BINDER CLIPS 0122065005804 05/11/04 98.47 INVOICE TOTAL: 98.47 8199198 04/27/04 01 FILE POCKETS, EASTERNER FOLDER 0115065005801 00102128 05/11/04 108.86 INVOICE TOTAL: 108.86 8200094 04/27/04 01 PUBLIC WORKS OFFICE SUPPLIES 5100065005804 05/11/04 46.72 INVOICE TOTAL: 46.72 VENDOR TOTAL: 777.45 RESOURCE RESOURCE ONE 7443992 04/14/04 01 EMPLOYMENT APPLICATIONS 0111065005804 00102119 05/11/04 119.80 INVOICE TOTAL: 119.80 VENDOR TOTAL: 119.80 RIVEROAK RIVER OAKS FORD 041604 04/16/04 01 FORD F-350 REPAIRS 0141062005409 00201828 05/11/04 170.44 INVOICE TOTAL: 170.44 VENDOR TOTAL: 170.44 S&S S & S WORLDWIDE 04/29/04 04/29/04 01 PD JOINT PURCHASING PO 102088 0121065005804 05/11/04 27 .64 INVOICE TOTAL: 27.64 VENDOR TOTAL: 27. 64 SAFEKLN SAFETY KLEEN • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SAFEKLN SAFETY KLEEN 0025875381 04/14/04 01 OIL, CHEMICAL DISPOSAL 5100062005408 00201875 05/11/04 135.15 INVOICE TOTAL: 135.15 VENDOR TOTAL: 135.15 SAFTYSYS SAFETY SYSTEMS CORPORATION 26496 04/16/04 01 SPEEDLOADERS, SLINGS, SAFETY 0121065005804 00302541 05/11/04 348.54 INVOICE TOTAL: 348.54 VENDOR TOTAL: 348.54 SAGECONT SAGE CONTROL ORDNANCE, INC 8120 04/22/04 01 50 STANDARD ENERGY BATONS 2000065005811 00302528 05/11/04 1, 126.20 INVOICE TOTAL: 1, 126.20 VENDOR TOTAL: 1, 126.20 SALISM SAILSBURY, MARGARET 4/25/04 04/25/04 01 3 CLEAN PUBLIC WORKS 0141062005401 00201870 05/11/04 150.00 INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 SBC SBC 04/16/04 04/16/04 01 MARCH TELEPHONE CHARGES 0121062005436 05/11/04 427.09 02 MARCH TELEPHONE CHARGES 0111062005436 427.09 03 MARCH TELEPHONE CHARGES 5100062005436 427.08 INVOICE TOTAL: 1,281.26 309T37670804 04/10/04 01 TELEPHONE CHARGES 0111062005436 05/11/04 0.49 INVOICE TOTAL: 0.49 630R06126904 04/16/04 01 FIRE ALARM 0111062005436 05/11/04 11.50 02 FIRE ALARM 5100062005436 11.51 4111 410 • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SBC SBC 630R06126904 04/16/04 03 FIRE ALARM 0121062005436 05/11/04 11.50 INVOICE TOTAL: 34.51 708Z91100104 04/16/04 01 ALARM CIRCUIT 5100062005436 05/11/04 67. 64 INVOICE TOTAL: 67.64 VENDOR TOTAL: 1,383.90 SERVMASC SERVICEMASTER COMMERCIAL 122950ADM 04/29/04 01 MONTHLY CLEANING CITY OFFICES 0111062005406 05/11/04 550.00 INVOICE TOTAL: 550.00 VENDOR TOTAL: 550.00 SHOREGAL SHORE GALLERIES, INC. 83026 04/21/04 01 7K RDS .223-CAL AMMO 0121065005813 00302527 05/11/04 948.43 INVOICE TOTAL: 948.43 83027 04/21/04 01 9K RDS 40-CAL TRAINING AMMO 0121065005813 00302526 05/11/04 1,009.71 02 2K RDS 45-AUTO TRAINING AMMO 0121065005813 263.76 03 1K RDS 40-CAL DUTY AMMO 2000065005811 198.88 INVOICE TOTAL: 1,472.35 VENDOR TOTAL: 2,420.78 SHREDCO SHRED-CO 21109537 04/20/04 01 PD - 38 UNITS SHREDDED 0121062005408 00302545 05/11/04 239.00 INVOICE TOTAL: 239.00 VENDOR TOTAL: 239.00 SLEEZERS SLEEZER, SCOTT 041404 04/14/04 01 DENTAL AND VISION CARE 0111050005205 05/11/04 485.80 INVOICE TOTAL: 485.80 VENDOR TOTAL: 485.80 • • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SMALENG SMALL ENGINE EMPORIUM 031704 03/17/04 01 CHAIN SHARPENING 0141062005408 05/11/04 90.00 INVOICE TOTAL: 90.00 VENDOR TOTAL: 90.00 SOFT SOFTWARE PERFORMANCE 108178 04/13/04 01 HP WORKSTATION 0111075007002 05/11/04 999.00 02 MS OFFICE XP PROFESSIONAL 0111075007002 1,089.00 INVOICE TOTAL: 2,088.00 108181 04/16/04 01 UB CLERK - 17" VE175 MONITOR 5100075007002 05/11/04 569.00 INVOICE TOTAL: 569.00 VENDOR TOTAL: 2, 657.00 STRYPES STRYPES PLUS MORE INC. 8663 04/26/04 01 ADD K-9 MARKING ON SQUAD CAR 0121062005408 00302551 05/11/04 105.00 INVOICE TOTAL: 105.00 VENDOR TOTAL: 105.00 SWITHINS SWITHIN, SUE 042704 04/27/04 01 DENTAL REIMBURSEMENT 0111050005205 05/11/04 952.00 INVOICE TOTAL: 952.00 VENDOR TOTAL: 952.00 TAPCO TRAFFIC & PARKING CONTROL INC 04/15/04 04/15/04 01 196547: 2 CHEVRON SIGNS 1500075007007 00201871 05/11/04 47.90 02 196561: 1 BRACKET 1500075007007 20.00 INVOICE TOTAL: 67.90 VENDOR TOTAL: 67.90 THOMWEST THOMPSON WEST 4111 . • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT THOMWEST THOMPSON WEST 806407053 04/06/04 01 IL CRIMINAL LAW, PROCEDURES 0121064005603 00302540 05/11/04 38.00 INVOICE TOTAL: 38.00 VENDOR TOTAL: 38.00 THREESIS THREE SISTERS AND A FRIEND 1940 MAP 03/23/04 01 CITY 1940 MAP FRAMED 1600075007204 00102121 05/11/04 331.00 INVOICE TOTAL: 331.00 VENDOR TOTAL: 331.00 UNIFIED UNIFIED SUPPLY 0090800-IN 04/27/04 01 WIRE, CONDUIT, WINGNUTS 0141065005804 05/11/04 38.16 INVOICE TOTAL: 38.16 VENDOR TOTAL: 38.16 UNIVMAD UNIVERSITY OF WISCONSIN 635909 04/20/04 01 MUNI. ENG SEMINAR - ENG ASST 0115064005604 00101734 05/11/04 695.00 INVOICE TOTAL: 695.00 VENDOR TOTAL: 695.00 UPSIL UPS 00004296X2164 04/17/04 01 POSTAGE & SHIPPING 5100065005808 05/11/04 46.05 INVOICE TOTAL: 46.05 00004296X2174 04/24/04 01 POSTAGE AND SHIPPING COSTS 5100065005808 05/11/04 41.15 INVOICE TOTAL: 41.15 VENDOR TOTAL: 87.20 VESCO VESCO 22021 04/19/04 01 K-SUN LABELING TAPE 0111065005802 05/11/04 48.21 INVOICE TOTAL: 48.21 VENDOR TOTAL: 48.21 • 4111 1111 DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE 4 DESCRIPTION ACCOUNT # P.O. 4 DUE DATE ITEM AMT WELDSTAR WELDSTAR 918422 03/24/04 01 CYLINDER BALANCE 0141065005804 00201829 05/11/04 5.80 INVOICE TOTAL: 5.80 VENDOR TOTAL: 5.80 WHOUSED WAREHOUSE DIRECT 04/29/04 04/29/04 01 PD JOINT PURCHASING PAYMENT 0121065005804 05/11/04 19.92 INVOICE TOTAL: 19.92 VENDOR TOTAL: 19.92 WILLIAMA WILLIAMS, ANNETTE 04/30/04 DENTAL 04/30/04 01 DENTAL REIMBURSEMENT 0111050005205 05/11/04 67.00 INVOICE TOTAL: 67.00 VENDOR TOTAL: 67.00 WOODJ WOODRICK, JENNIFER 042704 04/27/04 01 MILEAGE REIMB - SEMINAR 0115064005605 05/11/04 106.50 INVOICE TOTAL: 106.50 VENDOR TOTAL: 106.50 WYETH WYETH, HEITZ & BROMBEREK 040104 04/01/04 01 SWANSON PROJECT REVIEW, MTGS 0100013001372 05/11/04 1,080.00 INVOICE TOTAL: 1,080.00 VENDOR TOTAL: 1,080.00 YBSD YORKVILLE BRISTOL FEB/MAR/APR 02/01/04 01 FEB-APRIL 12TH PAYMENTS 9500078009008 05/11/04 239,254 .06 INVOICE TOTAL: 239,254.06 VENDOR TOTAL: 239,254 .06 YOLIBRAR YORKVILLE PUBLIC LIBRARY 4111 • • DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE:1 22 , TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YOLIBRAR YORKVILLE PUBLIC LIBRARY MAR/APR 04/30/04 01 MARCH & APRIL DEV FEES 9500078009009 05/11/04 13,500.00 INVOICE TOTAL: 13, 500.00 PPRT-MARCH 04/30/04 01 MARCH PPRT 0100040004010 05/11/04 174 .79 INVOICE TOTAL: 174 .79 VENDOR TOTAL: 13, 674.79 YOPDPET YORKVILLE POLICE DEPARTMENT 042304 04/23/04 01 GASOLINE OFFICER HELLAND 0121064005605 05/11/04 5.00 02 SOLICITOR BGROUND CHECK 0121065005804 12.00 03 SOLICITOR BGROUND CHECK 0121065005804 12.00 04 REC EMPLOYEE BGROUND CHECK 0100013001372 12.00 05 4 EMPL. BGROUND CHECKS 0121065005804 48.00 06 DUNKIN DONUTS JUVENILE MTG 0121064005605 24.83 07 MEALS MARTIN/SCHWARTZKOPF 0121064005605 16.67 INVOICE TOTAL: 130.50 VENDOR TOTAL: 130.50 YOSCHOL YORKVILLE SCHOOL DIST #115 MAR/APR 04/30/04 01 MARCH & APRIL LAND CASH 9500078009011 05/11/04 94, 920.00 INVOICE TOTAL: 94, 920.00 VENDOR TOTAL: 94, 920.00 YOUNGM YOUNG, MARLYS 04/15/04 04/15/04 01 MINUTE TAKING 0111062005401 05/11/04 130.00 INVOICE TOTAL: 130.00 COW 4/20/04 04/26/04 01 COW 4/20/04 MINUTES 0111062005401 05/11/04 55.00 INVOICE TOTAL: 55.00 VENDOR TOTAL: 185.00 YRKAUTO YORKVILLE AUTO PARTS 4111 i 1111 DATE: 05/04/04 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 12:37:32 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/11/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YRKAUTO YORKVILLE AUTO PARTS 646705 04/28/04 01 TOUCH UP, WASHER SOLVENT 0121062005409 05/11/04 12.85 INVOICE TOTAL: 12.85 VENDOR TOTAL: 12.85 YRKSTORG YORKVILLE SELF STORAGE, INC MAY 2004 04/27/04 01 MAY STORAGE, SPACES 76, 83 1600075007203 05/11/04 150.00 INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 TOTAL ALL INVOICES: 507, 274 .98 1111 . . Ke./L) a-fA,,k1-1.1x?..-)(0 C.- Yorkville Police Department Offense Report - March 2004 Offense Categories MAR I APR "MAY',I JUN AIL AUG] SEP OCT.I'NOVI DEC. JAN I-t'in I MAR 04 TOTALS Arson 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 Assault 0 2 1 0 0 0 1 1 0 0 0 0 4 4 Battery 3 9 7 8 8 6 6 15 1 2 3 4 2 2 8 Burglary 1 4 2 6 14 3 9 3 8 4 7 1 816 Cannabis Offenses 2 2 2 2 1 3 4 2 4 2 0 1 5 6 Controlled Substance Offenses 0 0 0 0 0 0 2 0 1 0 0 0 0 0 Crimes Involving Children 0 4 1 0 0 4 2 2 5 4 4 1 6 11 Criminal Damage 10 10 15 13 11 11 10 15 13 21 5 4 7 16 Deceptive Practices 7 2 0 2 4 1 7 2 4 2 3 2 0 5 Drug Paraphernalia Offenses 1 1 2 0 1 2 3 2 1 2 0 0 2 2 Firearms Offenses 0 0 0 0 0 0 0 0 0 1 1 0 0 1 Gambling Offenses 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Kidnapping 0 0 2 1 0 0 0 0 0 1 0 0 1 0 0 1 a" �" ��� ,�°i ri" . -- 9 ,_, ';'-'14'[ '>a> a'i, t , � s Yr � #Y� t`?'; OP ' K ys r t'r �'?�3�. 3� ;W 1 V ! [ m471, ' ti t - '¢t 1 a ''t.o Y, A P x 1 O ea s'f 9i':- -: g 3: Liquor Offenses 0 1 0 6 3 7 0 2 3 3 1 2 0 3 Murder 0 0 0 0 0 0 0 0 0 0 1 0 0 1 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offenses 0 0 0 0 0 1 0 0 0 0 1 0 0 1 Theft 10 4 8 8 7 10 10 15 10 15 8 5 12 25 All Other Criminal Offenses 20 1 15 21 0 22 13 10 16 16 12 13 25 10 48 Traffic Incidents ;'' ATARI APR MAY JUN JUL "AUG SEP OCT NOVII)EC -JANIFEBIMAR 04,TOTALS Driving Under The Influence 10 4 0 8 0 12 0 0 4 7 1 3 5 21 License/Registration Violations 44 45 44 36 27 70 25 19 31 62 55 42 75 172 Seatbelt Citations ------______-- 9 2 19 10 37 7 36 17 6 36 78 18 14 8 40 Seatbelt Warnings 0 11 15 13 28 14 13 15 6 4 5 11 5 21 Speeding Citations 39 32 25 38 26 20 23 i 16 31 55 42 54 47 143 Speeding Warnings 45 35 0 0 33 51 33 1 32 44 89 0 65 96 161 Transportation of Alcohol 2 0 0 2 0 3 0 0 2 1 0 2 I 1 3 Uninsured Motor Vehicle 32 44 44 1 34 23 33 22 15 27 54 48 43 1 49 140 Total Citations Issued 164 151 1 171 1 163 1 129i"159 1110 ( "77 1 156 109 187,1 177 1195 559 Total Verbal Warnings Issued 33 , 34 29 [ 37 l 34 i 86 _ 38 32 # 35 53.; 4 1 7 4 15 3 � Total Written Warnings Issued= 2851. 1 282 i 371 _1 221 2281 242 . 241 ; 230 i 265 L 390 .343'1 .334 383; ; " 1060 Accident Reports Taken MAR APR MAUI JUN 'JULI AUGI SEP_OCT NOV DEC JANI FEB]MAR 04 TOTALS', Hit and Run Accident 3 1 1 3 0 2 2 1 3 0 6 2 0 2 7 9 Property Damage Accident 23 14 19 25 21 18 22 16 25 37 28 26 27 81 Personal Injury Accident 3 1 0 2 7 5 7 4 6 4 6 5 5 2 12 --_ Total Accidents Taken 29 ! 15 1 24 1 32 I';28 1 27 1 29 i 22..1 35 I 45 33" 1 33 i 36 "" 102 **Unlawful Visitation Interference is reported under the Kidnapping Section of the Illinois Uniformed Crime Reporting system. The Kidnapping line item includes this offense in its totals. Yorkville Police Department Manhour Report - March 2004 PATROL MAR"03'APR"03 MAX 03 JUN""03;- JUL 03:`AUG 03 SEP 03 OCT 03 NOV 03 DEC 03 JAN 04 FEB OS" :,.MAR 2004:TOTALS' Accidents 21.75 9.75 18.02 21.92 18.52 21.25 20.25 21.78 47.33 31.88 22.17 21.92 24.67 68.76 Administrative Activity 354.65 293.67 271.07 346.08 415.17 330.25 385.27 666.25 574.23 395.53 453.28 535.47 572.88 1,561.63 Animal Complaints 3.92 2.08 9.83 5.42 9.70 2.75 6.00 3.50 2.67 3.17 3.17 2.58 5.00 10.75 Arrest Activity 26.58 35.33 20.33 37.75 41.75 28.08 19.17 16.38 53.22 31.58 22.58 18.75 36.23 77.56 Assist Agencies 106.42 109.42 132.60 126.06 154.75 170.27 148.88 119.17 158.58 139.93 139.62 176.23 166.05 481.90 Community Relations 37.58 30.87 64.50 46.67 85.92 94.42 61.33 44.75 59.42 32.25 23.42 23.58 59.25 106.25 Departmental Duties 72.08 87.00 77.83 80.73 79.08 92.98 77.22 98.30 107.28 115.58 148.67 132.00 100.33 381.00 Investigations 100.50 45.08 99.25 112.08 89.25 50.42 116.27 94.73 147.17 206.52 133.57 143.67 51.50 328.74 Ordinance/Traffic Violations 63.33 84.00 69.15 58.22 46.00 64.42 72.88 48.83 145.33 125.18 121.05 103.13 134.52 358.70 Personnel Activity 434.97 516.75 427.25 527.93 614.07 464.57 597.57 677.45 710.43 757.22 593.73 535.83 837.30 1,966.86 Preventive Patrol 622.80 688.13 718.98 626.83 789.57 952.50 774.12 996.28 733.92 809.53 935.62 888.82 832.15 2,656.59 Public Complaints 51.95 63.67 64.33 62.77 84.43 99.75 63.98 104.32 123.22 59.15 61.15 74.17 72.60 207.92 Public Services 36.75 28.75 33.08 28.67 38.67 30.75 49.67 64.95 45.83 74.65 47.17 24.67 50.75 122.59 Report Activity 143.75 172.90 119.58 131.50 156.83 189.25 161.82 231.27 371.20 259.33 211.42 220.37 224.65 656.44 School Activity 252.75 166.33 213.00 61.75 4.75 74.83 226.08 358.07 159.75 170.50 189.08 214.57 295.08 698.73 Traffic Activity 257.50 241.33 252.75 212.75 216.30 267.33 250.83 289.75 352.87 530.48 401.55 319.70 421.43 1,142.68 Training 128.08 290.42 333.08 164.00 241.08 102.67 110.07 354.65 234.42 62.00 176.92 407.88 297.58 882.38 ADMINISTRATIVE MAR 03;.APR,03 MAY 03 JUN 03 L.JUL 03 AUG 03 SEP 03 .00T 03 NOV 03 "DEC'03 ::'JA.N. FEB 05 .MAR.. 2004 TOTALS Chief 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 519.99, CPAT Officer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 519.99 Crossing Guards(In Days) 34.00 32.00 40.50 8.00 0.00 8.00 42.00 43.50 32.00 30.00 37.50 36.00 46.00 119.50 Lieutenant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 519.99 Office Supervisor 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33, 173.33 173.33 173.33 173.33 519.99 Records Clerks 302.83 297.83 290.58 277.08 177.33 182.33 266.83 298.33 264.08 287.58 281.33 281.08 297.33 859.74 TOTALS ,f 3745.51' 3888,63 -3949,03'3629.53 -3956.49 "3920.14 "414356 ".5225.58 -'5016.27'°4815 38 4696.32 4853",74' 5218.62_ 14768.68 Yorkville Police Department - Overtime Manhour Utilization Report - 04-17-2004 Date Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time 05/17/03 = 5 9.5 1.5 6 0 0 5.5 9 i 36.5 = = 102 05/31/03 8 96 43.5 1.5 0 25.5 3 96.5 85.5 06/14/03 6 0 6 11 29 0 14 6 72 F 64 06/28/03 8.5 0 0.75 0 2 0 12.5 0 23.75 1 84.5 07/12/03 6 0 0 4 0 0 8.75 = 0 18.75177.5 07/26/03 . 6 26 6 3.5 i 4 0 15.5 2 63 ... 162..5 08/09/03 7 7 213 0 3 0 21 0 46 196.75 1. 08/23/03....09/06/03.,..: ...465 7�5 .. - 0 � 62 25 � �12 5 � 0 _._....0 18.55... . 6�5Y ...92.25 17839.75 75 5 09/20/03 ! 3 0 0 6.5 0 0 12.5 6.5 28.5 164.5 10/04/03 6 20 ._. 0 . 0 0 E 0 3.25 13 42.25 121 10/18/03 10 12 25 13.75 6 0 2.5 = 5.5 74.75 ( 192.5 11/01/03 6.5 7 23 4 2.25 0 22.5 7 72.25 110 11/15/03 8 .. . 8 6 0 4 0 19 8 53_.. 119.25 11/29/03 ' 11.50 8 = 4 2 0 20.75 046.25 ' 46.5 12/13/03 , 6 ' 0 3 20 0 0 6 5 40 17.25 12/27/03 4 . .._. 0 4 46 2 0 2 0 58 1 12 01/10/04..., 6.520 3 7 E 7 4 0 1 4 49.5 12 01/24/04 4 16 0 0 26.25 0 29.5 0 75.75 16. 02/07/04 10.5 164 7 0 0 9.5 7 54 4.5 02/21/04 7 19.5 0 7.5 0 0 20 3 57 18 03/06/04 6.5 13 30.5 4 24.5 0 8.75 10.25 97.5 19 03/20/04 8 7 19 , . 0 0.5 0 6.5 .. 2 43 14 04/03/04 11 0 0 0 8 t._ 0 11 6.5 36.5 22�_. ... 04/17/04 6 4.5 0.5 0 2 1 0 10 0 23 i . ._ 05/01/04 0 1 FY03-04 Court Training Relief Details Admin Emerg Invest Com Sery Full Time Part Time Totals 171.50 197.00 170.25 250.00 134.50 0.00 310.25 106.25 1339.75 2137.50 Percents 13% 15% 13% 19% 10% 0% 23% 80/0 100% N/A Average 6.86 7.88 6.81 10.00 5.38 0.00 12.41 4.25 51.53 85.50 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03 Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Total Hours 100.25 154.75 557.5 232.75 113 16 488.75 130.5 1793.5 1824 Percents 60/0 9% 31% 13% 6% 1% 27% 7% 100% N/A Averages 3.86 5.95 21.44 8.95 4.35 0.62 18.80 5.02 94.25 70.15 Yorkville Police Department - Overtime Manhour Utilization Report - 04-03-2004 Date Court Training Relief Details Admin Emerg Invest - Corn Sery Full Time Part Time 05/17/03 5 9 5 1 5 6 0 0 5.5_______9______ 36 5 I 102 _ 05/31/03 8 9 6 43.5 1 5 0._ 25_._5___,..____3.__ 96 5 85 5 06/14/03 6 0 6 11 29 0 14 6 _ 72 64 06/28/03 8.5 0 0.75- 0 2 0 12 5 0 -2-3.7-5- _ 84.5 _ /12/03 6 0 0 4 0 08.750 8.75 18 75 177.5 07/26/03 6 26 6 3 5 4 0 15 5 2 63 162.5 08/09/03 7 I 2 13 0 3 0 210 46 196 75 08/23/03 4 5 7 5 0 11.5 0 14.25______ 2 39 75 180 75_ 09/06/03 6 .. 0 7 62 25 2 0 8 5 6 5 92 25 178.5 09/2.0. 03 -_ ._.-..__ 3_.._.-.. .___. 0:_.__._ _._-_. 0__ 6.5 0 0 12.5 6.5 ____ __ 28.58 5 ___ _._.___164 5_._ 10/04/03 6 20 0 0 0 0 3 25 13 ` 42 25 121 10/18/03 10 12 25 1,-3--.75------6----- 0 2 5 5 5 74 75 _ 192 5 11 O 0 6 5 7____._.__._2 ___ 2 0 22 5 7 72_25 110 11/15/03 _ 8 _. 8 6 __ _ 0 _____4 0_._:. 19 8 53_ 119 25 11/29/03 11.5 0 8 4 2 0 20.75 1, 0 46.25 46.5 12/13/03 _ 6 0 3 20 0 0 6 5 40 _17.25w 12/27/0 __ „ _ 4 46 2 0 2 0 58 12 01/10104 6 5 _ __. _ 20 7 7 4 0 1 4 49 5 12 01/24/04 4 16 0 0 26.25_ 0 29.5_ 0 75.75 16 _0 2/0 7/0 __ i 0 5.._.._..___. i_6__..__.__.__. . _. 7 0 0 9 5 7 _ ___ 4____. _____ 4 5 02/21/04 7 19 5 __ __ 0 _7 5 ___ 0 0 20 3 __ 57 18_ _ __ 03/06/04 6.5 13 30.5 4 24.5 0 8.75 10.25 97.5 19 03/20/04 8 _7_ 19 0 0 5 0 6 5 2 43 14 04/03[04 11 0 0 0 8 0 11 6.5 36.5 22 FY03-04 Court Training Relief Details Admin Emerg Invest Com Sery Full Time Part Time Totals 165.50 192.50 169.75 250.00 132.50 0.00 300.25 106.25 1316.75 2120.50 Percents 13% 15% 13%: 19% 10% 0% 23% 8% 100% N/A Average 6:90 8.02 7.07 10.42 ! 5.52 0.00 12.51 4.43 50.64 - 88.35 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03 Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Total Hours 100.25. 154.75 557.5 232.75 113 16 488.75 130.5 . 1793.5 1824 Percents 6% 9% 31% 13% 6% 1% 27% 7% 100% N/A Averages 3.86 , 5.95. 21.44 8.95 4.35 0.62 18.80 ! 5.02 94.25 70.15 Yorkville Police Department 2004 Truck Enforcement Summary Date Time Ticket "Offense Location13nd Disposition Funds Received" Number Taken 01/07/04 7:32 20877 Overweight on Axles Route 34/Marketplace Drive $590 Ex'Parte ' $430.00 02/18/04 9:01 21061 Overweight on Highway Route 47/Route 34 $1,405 Pending $0.00 21062 Overweight on Registration Route 47/Route 34 $2,622 Pending $0.00 02/19/04 9:07 21010 Route 47/Route 71 $395 Ex'Parte $260,00 02/19/04 9:30 21064 Overweight on Gross Route 47/Route 71 $590 Pending $0.00 02/23/04 14:30 21065 Overweight on Axles Route 47/Countryside Parkway $395 Pending $0.00 03/16/04 11:14 21013 Overweight on Gross Route 47/Wheaton Avenue $1,070 Pending $0.00 04/07/04 10:32 21017 Overweight on Registration Route 47/Bonnie Lane $350 Pending $0.00 04/14/04 12:27 21018 Overweight on Axles Route 47/Cannonball Trail $245 Pending $0.00 04/15/04 13:36 21019 Overweight on Axles ` Route 47/Greenbriar Road $245 Pending $0.00 Totals For Bond Taken and Fines Received After Court Costs - 2004 . $7,907 N/A I $690.00 Totals For Bond Taken and Fines Received After Court Costs - 2003 $7,907 N/A $3,198.01 Totals For Bond Taken and Fines Received After Court Costs - 2002 $42,014 N/A $21,665.12 Totals For Bond Taken and Fines Received After Court Costs = 2001 $56,232 N/A $30,226,86 Totals For Bond Taken and Fines Received After Court Costs - 2000 $25,815 N/A $13,026.43 Running Total $131,968 N/A $68,116.42 Report Last Updated 4/19/2004 at 10:52 AM Page 1 of 1 Authored by Molly Batterson, Office Supervisor P�Sb%t OUR R(irL (epe*,,,...4 R I. QR illgAir I ‘' it i `NOED iN"s YORKVILLE. POLICE DEPARTMENT CHIEF OF POLICE 804 Game Farm Road Phone (630) 553-4340 Harold O.Martin III Yorkville,Illinois 60560 Fax (630) 553-1141 Date: April 13, 2004 To: Chief Harold 0. Martin III From: S/Sergeant Ron Diederich Reference: Monthly Mileage Report During the month of March, 2004 the Yorkville Police Department logged a total of 19,626 miles. Individual miles are: Monthly Current Reassign / Squad Vehicle Squad Usage Miles Miles Replace Date M-1 2001 Ford Crown Victoria Patrol 2,124 75,027 2004/2005 M-2 1996 Chevrolet Caprice Admin. 603 133,473 2004/2005 M-3 1998 Ford Crown Victoria Admin. 1,065 `119,936, 2003/2004 M-4 2002 Chevrolet Impala Patrol 3,113 47,542` 2005/2006 M-5 1998 Ford Crown Victoria Admin. 989112;977 ..' 2003/2004 M-6 2003 Chevrolet Impala Chief 70412,699 ; 2007/2008 M-7 2001 Ford Crown Victoria D.A.R.E. 0 68,140 2004/2005 M-8 2004 Ford Crown Victoria Patrol 4,072 23,173. 2007/2008 M-9 2000 Ford Crown Victoria Lieutenant 372 ' 62,828 2004/2005 M-10 1991 Ford Thunderbird DARE 409 124,901 2004/2005 M-11 2003 Ford Crown Victoria Patrol Sgt. 1,100 32,911 2005/2006 M-12 1999 Ford Expedition Patrol/Trucks 343 47,847. 2009/2010 M-13 2001 Ford Crown Victoria K-9 379 40,341 ; 2010/2011 M-14 2003 Ford Crown Victoria Patrol 2,418 45,588 2005/2006 M-15 2004 Ford Crown Victoria Patrol Sgt. 1,935 1.0,359 2007/2008 Yorkville Police Department Incident Report Summary �T /ems March 20, 2004 through April 18, 2004 -p,1`` �0=_ 040384 through 040528 '<<E XV Page 1 of 6 040384 03-20-04 400 Blk. Walnut Street 040397.... 03-22-04 800 Blk. Spring Street Theft $300 and Under: Several items up for auction Theft $300 and Under: Two ladders valued at $225 were taken. Pending investigation. Value of items were reported as stolen from the roof of a work van totals $140. parked in the roadway in front of a residence. 040385 03-21-04 9000 BIk. Kennedy Road 040398.... 03-22-04 1400 BIk. Cottonwood Trail Accident: Subject involved in accident was charged Burglary From Motor Vehicle: $1450 worth of stereo with Driving Under the Influence of Alcohol. equipment/items were taken from inside an unlocked vehicle. 040386 03-21-04 Countryside Parkway Towed Vehicle 040399.... 03-23-04 Route 47/Hydraulic Avenue Accident 040387 03-21-04 400 BIk. Jackson Street Criminal Damage to Property: A mailbox and its post 040400 .... 03-23-04 Yorkville High School were damaged by unknown person(s). Value of Disorderly Conduct/Assault/Juvenile Investigation damaged property- $80. 040401 .... 03-23-04 200 BIk. S. Bridge Street 040388 03-21-04 300 BIk. Orange Street Accident Accident 040402 .... 03-23-04 100 Blk. W. Veterans Pkwy 040389 03-21-04 1500 BIk. N. Bridge Street Accident Mental Case - Other 040403.... 03-23-04 Hydraulic Avenue/Mill St 040390 03-21-04 Route 47/Kennedy Road Assist City Fire Department Traffic Arrest: No valid driver's license. 040404.... 03-23-04 Route 126/Deer Street 040391 03-22-04 100 BIk. Conover Court Traffic Arrest: Suspended driver's license. Suspicious Circumstances 040405.... 03-23-04 100 Blk. Schoolhouse Road 040392 03-22-04 Route 126/Route 71 Domestic Trouble Found Articles 040406.... 03-24-04 Route 47/Landmark Avenue 040393 03-22-04 300 Blk. Woodworth Street Traffic Arrest: Suspended driver's license. Burglary from Motor Vehicle: Victim reported $350 worth of items taken from their unlocked vehicle. 040407.... 03-24-04 700 Blk. N. Bridge Street Assault: While Officers were on the scene, threats 040394 03-22-04 Route 71/Wing Road were made against the victim after a dispute over Traffic Arrest: No valid driver's license. money. Offender was arrested for said threats. 040395 03-22-04 200 BIk. Adams Street 040408 .... 03-24-04 Beaver Street/Route 47 Harassment by Telephone Traffic Arrest: Suspended driver's license. 040396 03-22-04 300 BIk. W.Somonauk St 040409 .... 03-24-04 1500 Blk. N. Bridge Street Warrant Arrest: Subject was known to be wanted, Accident located and arrested for said warrant. 040410 .... 03-24-04 Chestnut Ln/Sycamore Rd Criminal Damage to Property: Three windows were shot at with a BB Gun. Damage valued at $425. \{�o circ .. - Yorkville Police Department Incident Report Summary March 20, 2004 through April 18, 2004 o i �tfr. :1 040384 through 040528 `'<LE ‘‘-y Page2of6 040411 03-24-04 1500 BIk. N. Bridge Street 040425.... 03-26-04 Orange Street/Mill Street Accident Battery: A seventeen year old student battered a fifteen year old student. The offender was taken into 040412 03-24-04 Route 71/Oak Creek Drive custody and booked for Battery. Traffic Arrest:: Suspended driver's license. 040426.... 03-26-04 1200 BIk. N. Bridge Street 040413 03-24-04 Spring Street/Route 47 Accident Traffic Arrest:: Suspended driver's license. 040427.... 03-26-04 100 BIk. Colonial Parkway 040414 03-24-04 2000 Blk. Muirfield Drive Disorderly Conduct Suspicious Circumstances 040428.... 03-27-04 Route 34/Kingmoor Lane 040415 03-25-04 Route 34/Countryside Pkwy Traffic Arrest: Driving Under the Influence of Alcohol. Traffic Arrest:: Suspended driver's license. 040429 .... 03-27-04 400 BIk. Sanders Court 040416 03-25-04 Route 34/Cannonball Trail Runaway/Juvenile Probation Violation Traffic Arrest:: Suspended driver's license. 040430 .... 03-27-04 Hydraulic Ave/Heustis St 040417 03-25-04 3 W. Veterans Parkway Traffic Arrest: No valid driver's license. Traffic Arrest:: Suspended driver's license. 040431 .... 03-27-04 Route 47/Route 34 040418 03-25-04 300 BIk. W.Kendall Drive Accident Theft from Motor Vehicle: $3020 worth of CD's and cases were taken from inside an unlocked motor 040432 .... 03-27-04 2000 BIk. S. Bridge Street vehicle. Retail Theft: $30 worth of gasoline was pumped and not paid for. No further information was given by 040419 03-25-04 Route 47/Fox Street store clerks and the vehicle could not be located. Accident 040433.... 03-27-04 100 BIk. Colonial Parkway 040420 03-25-04 1000 Blk. Homestead Drive Runaway Suicide Attempt 040434.... 03-28-04 1400 BIk. N.Bridge Street 040421 03-25-04 200 BIk. E. Veterans Prkwy Found Articles Retail Theft: $1539 worth of merchandise was taken from behind an unattended counter at a retail store. 040435.... 03-28-04 Route 34/Eldamain Road Pending investigation. Accident 040422 03-26-04 Route 47/VVheaton Drive 040436.... 03-28-04 200 BIk. E.Veterans Prkway Traffic Arrest: No valid driver's license. Theft $300 and Under: At an unknown time, $275 worth of landscaping items were taken from out front 040423 03-26-04 Galena Road/Cannonball Tr of a retail store. Traffic Arrest: No valid driver's license. 040437.... 03-28-04 Desk Report 040424 03-26-04 500 BIk. W.Kendall Drive Domestic Trouble Suspicious Circumstances 040438.... 03-28-04 Landmark Avenue/Route47 Accident NNW ° Yorkville Police Department Incident Report Summary March 20, 2004 through April 18, 2004 a_., a 1 040384 through 040528 9�yc<E ‘`).' Page 3 of 6 040439 03-28-04 100 BIk. Colonial Parkway 040453 .... 03-31-04 200 Blk. Wolf Street Runaway Assistance Rendered Civil Category 040440 03-28-04 100 BIk. Colonial Parkway 040454.... 03-31-04 Route 47/River Road Mental Case - Other Accident 040441 03-29-04 200 BIk. E. Veterans Prkwy 040455.... 03-31-04 2000 BIk. S. Bridge Street Retail Theft: At an unknown time, $100 worth of Accident landscaping items were taken from out front a retail store. 040456.... 03-31-04 Desk Report Other Public Complaints 040442 03-29-04 Canyon Trail/Western Lane Accident 040457.... 03-31-04 300 BIk. Mulhern Court Aggravated Battery: Juvenile offender was taken into 040443 03-29-04 Desk Report custody for throwing a rock and a water bottle rack off Mandatory Release Notification of a bicycle at the juvenile victim. 040444 03-29-04 400 Blk. Landmark Avenue 040458.... 03-31-04 100 BIk. E. Stagecoach Trl Residential Burglary: At an unknown time, a $790 Accident appliance was taken from inside a garage of a townhouse under construction. 040459.... 04-01-04 Route 34/Route 47 Accident 040445 03-29-04 400 Blk. Sanders Court Runaway 040460 .... 04-01-04 Route 34/Countryside Pkwy Assistance Rendered Civil Category 040446 03-30-04 Desk Report Suspicious Circumstances 040461 .... 04-02-04 600 Blk. State Street Suspicious Circumstances 040447 03-30-04 200 Blk. E. Veterans Prkwy Retail Theft: $28 of beer was stolen from a retail 040462 .... 04-02-04 100 BIk. W. Main Street store by two unknown subjects. Other Public Complaints 040448 03-31-04 Route 34/McHugh Road 040463.... 04-02-04 Desk Report Traffic Arrest: Suspended driver's license. Other Public Complaints 040449 03-31-04 500 Blk. Countryside Cnter 040464.... 04-03-04 100 Blk. Appletree Court Accident Loud/Wild Parties 040450 03-31-04 Route 34/Game Farm Road 040465 .... 04-03-04 1700 BIk. John Street Accident Assist Ambulance 040451 03-31-04 400 Blk. Woodworth Street 040466.... 04-03-04 100 Blk. W. Main Street Burglary from Motor Vehicle: Speakers valued at Other Public Complaints $500 were taken from inside a vehicle. Juvenile offender was arrested for such. 040467.... 04-03-04 Desk Report Voided Report 040452 03-31-04 Route 47/Cannonball Trail Citizen Assist tet,° c,Tr ? . Yorkville Police Department Incident Report Summary ESTI "'e" March 20, 2004 through April 18, 2004 -8 LI t;) ,?9 040384 through 040528 `'<&E 'er`' Page4of6 040468 04-03-04 100 Blk. Colonial Parkway 040481 .... 04-07-04 1200 Blk. N.Bridge Street Domestic Battery: Juvenile victim's relative battered Traffic Arrest: Suspended driver's license. the juvenile victim after an argument occurred over babysitting. Adult offender taken into custody for the 040482 .... 04-07-04 2700 Blk. N.Bridge Street battery. Theft Over $300: Victim reported their payroll check was stolen by a live-in girlfriend and cashed. Pending 040469 04-03-04 Desk Report investigation. Voided Report 040483.... 04-07-04 Fox Street/Route 47 040470 04-04-04 Route 71/Van Emmon St Accident/Warrant Arrest: After running a driver Possession of Alcohol by Minor/Zero Tolerance: involved in an accident, it was found they were Officers located a vehicle reported by other motorists wanted on a valid arrest warrant and taken into as a reckless driver. Driver of vehicle was taken into custody for such. custody for Zero Tolerance and after a search, found they were in possession of alcohol. Offender failed a 040484.... 04-07-04 1200 Blk. Deer Street breath test— 0.139 BAC. Also charged with No Valid Accident Driver's License. 040485 .... 04-07-04 3 W. Veterans Parkway 040471 04-04-04 100 Blk. Schoolhouse Road Accident Keep the Peace 040486.... 04-08-04 Route 47/Corneils Road 040472 04-04-04 Route 34/Bristol Ridge Rd Warrant Arrest: Subject was located and arrested for Accident a valid warrant. 040473 04-05-04 400 Blk. Sanders Court 040487.... 04-08-04 100 Blk. Colonial Parkway Runaway/Juvenile Probation Violation Towed Vehicle 040474 04-05-04 400 Blk. Sanders Court 040488.... 04-08-04 100 Blk. Colonial Parkway Suspicious Circumstances Domestic Battery: A juvenile battered their guardian's wife and was taken into custody for such. 040475 04-05-04 100 Blk. E. Veterans Prkwy Suspicious Circumstances 040489.... 04-08-04 1500 Blk. N. Bridge Street Theft Over $300: A bank bag containing $916.53 040476 04-05-04 500 Blk. Countryside Cnter worth of money was reported as stolen. Pending Deceptive Practices: Offender stopped payment on a investigation. check after purchasing a non-refundable airline ticket. 040490 .... 04-09-04 1200 Blk. N. Bridge Street 040477 04-05-04 600 Blk. Teri Lane Assistance Rendered Civil Category Lost Articles 040491 .... 04-09-04 1300 Blk. Game Farm Road 040478 04-05-04 Route 34/Diehl Farm Road Criminal Trespass to Land: An unknown individual Other Public Complaints has been entering the healthcare facility. Unknown if they were visiting or taking items. Pending 040479 04-06-04 1400 Blk. N. Bridge Street investigation. Suspicious Circumstances 040492 .... 04-09-04 300 Blk. Mulhern Court 040480 04-07-04 Fox Road/Poplar Drive Suspicious Circumstances Traffic Arrest: Suspended driver's license. t�° crTr ' ,• Yorkville Police Department Incident Report Summary EST' = 1 8'6 March 20, 2004 through April 18, 2004 o 9 E._: 0 Yorkville Police Department Incident Report Summary Esr ,a36 March 20, 2004 through April 18, 2004 , LI ° 040384 through 040528 hk&E XV\ Page 6 of 6 040520 04-16-04 Desk Report DCFS Investigation 040521 04-16-04 400 BIk. W.Van Emmon St. Other Public Complaint 040522 04-16-04 Orange Street/W.Main St Accident 040523 04-17-04 Route 34/Sycamore Road Criminal Trespass to Land: Officers called to the scene in reference to another excavating company removing black dirt from the vacant land. 040524 04-17-04 1600 BIk. N.Bridge Street Accident 040525 04-17-04 2000 BIk. N.Bridge Street Assist Business Agency 040526 04-18-04 1400 BIk. N.Bridge Street Found Articles 040527 04-18-04 400 Blk. Walsh Circle Accident 040528 04-18-04 3 W. Veterans Parkway Accident UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer `:, ) Subject: 307 & 309 Mulhern Court —PIat of asement Date: March 23, 2004 Attached find a plat of easement for new city utilities required to serve the referenced development. The plat also includes perimeter easements for future utilities. Please place this plat on the Public Works agenda of April 26, 2004 for consideration. If you need additional information, please see me. i Cc: Dan Kramer, City Attorney • Liz D'Anna, Deputy City Clerk Pete Huinker, Smith Engineering Consultants, Inc. r SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS _......7,,...r.;,="2132 z S,aNPce STREET ET S �:t= PLAT OF EASEMENT yrae.a�=ee e - sea �.. m. 1111 .YPEXVelE ILLINOIS PROFESSIONAL DESIGN ECRU # 184-000108 COMP FILE 030641-plat-ease.ewg PLO-FILE:STANDARD NEW LayovU 4.50' GRANTOR'S CERTIFICATE GRANTEE'S CERTIFICATE „ 585'73'00"f I STATE OF ILLINOIS STATE OF ILLINOIS ) RECORDER'S CERTIFICATE aJ .. SS )SS .. ... f4 COUNTY OF KENDALL COUNTY OF KENDALL) STATE OF ILLINOIS ) "�� � - The undersigned. ) S.S. This is to certify that the undersigned as Grantee of COUNTY OF KENDALL) EN't. the Easement described and granted hereon does cerhf,"that Gk - PSE -� 4 5 �_ an .2 day of This instrument fled for record In the Recorders Office of .�N)) / A.O..2004, this Plotof Easement and Soot f Easement was UN - Is the a Kendall County, Illinois on the day of ,IT o/record titlE°Eio ffoeand described herein duly approved as to form A D.. 2004, at O'clock_IA by Instrument No. O� NSE h(i_ and does hereby grt e semrnt hereon drown ,/L GE =lto far Br: ��(T 1S • I� U�VT / I<ka U/eEosremoe^f ses set ed Plaf CORECORDER A.D. TEST .2004. G Its By (Owner) _0 .../... 5Eoulta NI 0 2.50" 585 4.95' / PRQPG 75'00-E )I ,. NOTARY CERTIFICATE_ CITY COUNCIL CERTIFICATE N6421'22"E .....N..15 / / tik2.3" ) I STATE OF ILLINOIS STATE OF ILLINOIS ) E.'5,-,--E.'5,-,-- .1. )S.S. COUNTY OF KENDALL)55 7 COUNTY OF KENDALL) I "g 5"UTILITY EASEMENT Approved by the Cly Counc,T of Korvin/le.in/le.Illinois this 10.00" o day of A.D,2004. /N8055'31"E m PER DOC.No. 75-6113 I. . a Notary Public in and for said / VO � I�- County and State aforesaid. do hereby certify that `� RP' 3. , personally known to me to be the '-' �\ G _ President of G o' ,�� � ' `��Tn ,( o -- - corporal on, and 1� / �� \01'1 `� s' �p personally known to me to be the a Ma P /. \ Secretary of said corporation and personally known to me to be ATTEST {' p' _` C� 2 0, y the some persons whose names are subscribed to the foregoing City Gert �'-�I /\_ G� 5 Li instrument, appeared before me this day in person and severally 'i;12:27-\\ V ' acknowledged that a such President and • ' 04 �5�J 0 I I as Secretary, they signed and delivered the� said 1 1 _\ instrument President and • 1 \ ROPSecretary of said corporation, and caused CITY C FRK"S .ER FlGA F Z OG P '4- 4 the corporate seal of said corporation to be affixed theretu, t m t to the au thorn bythe Board of Directors of said STATE OF IWNOIS ) I Prsuan y given )SS ay corporation as their free and voluntary act and as the free and COUNTY OF KENDALL) ry F� voluntary act and deed of said corporation, for the usesand Purposed therein set forth. I. Citye Gert of the City of Yorkwhe cur f Illinois, do hereby certify that there are no delinquent unpaid current or 2 to o` 'm ¢-7 `u GIVEN under hand and notoral seal this day of forfeited spec:/assessments or any deferred Installments apportioned against t 0- 0 my 2004 the tract includedinthis plot IN m� �H I Io i Doted of Cert ride.Kendall County, Illinois. this 2004. 4110Ln v li f - I�, Ci y o N O' µ �� ? 1 W Notary Public U City Gert 1` f 111111 I e W UNITED CITY O`YDRKNl1E { J EASEMENT PROVISIONS r,IG U)LpIrJG 1 ' q I .I PUBLIC UTILITY AND DRAINAGE EASEMENT /1 p XIS T)I V ` = A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH, WICOR• COM ED, JONES INTERCABLE l' W �J OTHER PUBLIC UTILITIES AND HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORKVILLE,ILLINOIS, AVD THEIR ,( 2, 4.5 W 12'0 O RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS SHOWN ON THE PLAT AS PUBLIC UITLITY A DRAINAGE EASEMENT- SURVEYOR'S CERTIFICATE :\ (abbreviated P LI de OE) TO CONSTRUCT INSTALL.RECONSTRUCT,REPAIR, REMOVE,REPLACE,INSPECT,MAINTAIN AND OPERATE \O `,,j-• \.� /, 0 U UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE SURFACE OF THE'PUBLIC UTILITY'Al STATE OF IWN015 ) V 0 -/ I I -'I ' DRAINAGE EASEMENT,INCLUDING WITHOUT LIMITA TON TO TELEPHONE CABLE,GAS MAINS, ELECTRIC ONES, CABLE TLENSION )55 1,11 LINES,AND ALL NECESSARY FACILITIES APPURTENANT THERETO, TOGETHER WITH THE RIG-IT OF ACCESS THERETO FOR THE COUNTY OF KENDALL) 2 7�� PERSONNEL ANO EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE RIGHT TO _� BUILDING lY ' `r Q INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON. a [BUILDING LINE 1,71/ ./ I�' I.Craig L Duy,Illinois Professional Land Surveyor Number 3359 do A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE,ILLINOIS TO hereby certify that the Plot of Easement hereonamdarawn was 1F'4 ry ¢ CONSTRUCT INSTALL,RECONSTRUCT REPAIR,REMOVE,REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND prepared g previous survey information and Ps Plats and E other instruments of record for the ane purposes heron et / 95' � -PUBLIC OF WATER, STORM SEWERS SANITARY SEWERS AND ELECTRIC!TY WITHIN THE AREAS SHOWN ON THE PLAT AS forth,of the hereon described property R=5500" ti �- - 70' Doted of Yorkville.Kendall CountyIllinois A.D.2004. W "PVBUC UTILITY&DRA/NAGE EASEMENT, TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT L'33'74 " kti�J`C`'�g{ y1 Q NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES CB=58633"14"E / Q- Wit i_ '° 4.5" CH=62 15" O '��/Ory 2' THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES \"„,. h . HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES,SHRUBS OR OTHER PLANTS W17HTN THE AREAS 5 0' SM DESIGNATED AS"PUBLIC UTILITY AND DRAINAGE EASEMENT'WHICH INTERFERE WITH THE CONSTRUCTION.INSTALLATION.p�o� FEBY / R=55.00" RECONSTRUCTION, REPAIR,REMOVAL.REPLACEMENT.MAINTENANCE AND OPERATION OF THR UNDERGROUND TRANSMISSION AND Illinois Professional Land , 11/3 No.3359 I- DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO NO PERMANENT BUILDINGS, STRUCTURES.OR OBSTRUCTIONS License expiration dote 17/30/2004 L=-0.31" SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS 'PUBLIC UTILITY de DRAINAGE EASEMENT'.BUT SUCH CB=52555'59"E 10.00" AREAS MAY BE USED FOR GARDENS, SHRUBS. TREES, LANDSCAPING,DRIVEWAYS. AND OTHER RELATED PURPOSES THAT DO NOT w� 4'p�y CH=29.93" ]326 569-09"O7`E �I UNREASONABLY INTERFERE WTH THE USES HEREIN DESCRIBED. 4�p / 0.5 .I THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ' 520'50'53"W / , ,, , ENTITIES BY EAL14 OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE In7H OR PRECLUDE THE B EXISTING R.O W. ` ) MULHERN COURT \ 16.94" N85'75 47"E /,_ OCCUPATIONOSSINGAND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE 7;.4:481 50' CROSSING AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS TO NOT N205053""f• �`N.733.____,-,'32 w P.O.C. THERETO EXISTING WITHIN DTHE AEASEGE, MENTS BEINDISTURBG CROSSED OR RY ECROSSEDAND . NO NODUSE TIONOR OCCUPATION OF SAYSTEMS AND ID EASEMENTS BY (7S APPURTENANT 576 5.28" THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE O2 IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. ao,\1": /J85"15•7 L S� By GRANTED' _ 62 46 I P.O.B. FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILIE IN THE EXERCISE OF ITS EASEMENT RIGHTS A V(An GYV �� ��)TIG V R=50.00" )- - 85.27 4.0" HEREIN GRANTED. SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION,INCLUDING BUT NOT LIMITED P.O.0 =POINT OF COMMENCEMENT 5.515'47"W 4 0' TO, THE RESTORATION.REPAIR OR REPLACEMENT OF PAVEMENT CURB, GUTTERS. TREES,LA NN OR SHRUBBERY,PROVIDED, P.OB. =POINT OF BEGINNING "-....1-4.-y L=105.32" 5O• HOWEVER. THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK. TO BACKFILL AND MOUND ALL TRENCH P.U.E. = PUBLIC UTILITY EASEMENT CB=N65T7'31'WI Lir zj4A CREA IED 50 AS TO RETAIN SUITABLE DRAINAGE. TO COLD PATCH ANY ASPHALT OR CONCRETE SURFACE. 70 REMOVE ALL D.E =DRAINAGE EASEMENT CH=85.90' I EXCESS DEBRIS AND SPOIL. AND TO LEAVE THE MAINTENANCE AREA IN GENERALLY CLEAN AND WORKMANLIKE CONDITION. - =EXISTING PUBLIC UTILITY EASEMENT E. I FGAL DESCRIPTION PUBLLICICUTILITY I 1=HEREBYTAD EASEMENT THAT PART OF LOT 3 IN MULHERN COURT A RE-SUBDIV7SICW OF LOT 1 IN BLOCK 9 OF COUNTRYSIDE CENTER UNIT 4.A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 27. TOWNSHIP J7 NORTH,RANGE 7 EAST . S OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKI4LLE,KENDALL COUNTY.ILLINOIS.MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 76 DEGREES,3 MINUTES NOTES: J2 SECONDS WEST 5.28 FEET ALONG THE SOUTHEASTERLY UNE OF SAID LOT J TO A POINT ON THE WEST UNE OF A PUBLIC UTILITY EASEMENT PER DOC.NO 75-6113 FOR THE POINT OF BEGINNING; THENCE SOUTH 75 DEGREES,J MINUTES. 32 • This map was created for use os a plot of eas ement. This map is not to be used for any SECONDS WEST ALONG THE SOUTHEASTERLY UNE OF SAID LOT J, 62.46 FEET TO A BEND POINT IN SAID UNE; THENCE SOUTH 85 DEGREES, 15 MINUTES. 47 SECONDS WEST CONTINUING ALONG SAID SOUTHERLY LINE.85.27 FEET TO THE EXISTING construction or staking purposes without consentfrom a proper agent of Smith Engineering RIGHT-OF-WAY OF MULHERN COURT THENCE NORTHERLY ALONG THE RIGHT-OF-WAY OF SAID MULHERN COURT 105.32 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 86.90 FEET THAT BEARS NORTH 65 Consultonts, Inc. DEGREES. 17 MINUTES.31 SECONDS WEST TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT J NORTH 35 DEGREES, 47 MINUTES 10 SECONDS WEST 35.37 FEET' THENCE ALONG THE WESTERLY • This IS NOT a Plat of Survey. No assumptions or agreements as to ownership, use, or PLAT OF EASEMENT LINE OF SAID LOT 3 NORTH 01 DEGREES. 04 MINUTES.52 SECONDS WEST 748.99 FEET TO A POINT ON THE SOUTH LINE OF A PUBLIC UTILITY EASEMENT PER DC.NO. 75-6713; THENCE ALONG SAID SOUTH LINE OF SAID EASEMENT NORTH 64 • possession con be conveyed from this document. DEGREES,21 MINUTES. T'22 SECONDS EAST 4.95 FEETHENCE ALONG A UNE WHICH IS PARALLEL TO THE WEST UNE OF SAID LOT 3, SOUTH 01 DEGREES, 04 MINUTES.52 SECONDS EAST, 149.64 FEET; THENCE ALONG A LINE PARALLEL WITH THE •No underground improvements have been located unless shown and noted. SOUTHWESTERLY LINE OF SAID LOT 3,SOUTH 35 DEGREES 47 MINUTES 10 SECONDS EASE 29.16 FEET; THENCE ALONG A CURVE TO THE RIGHT THAT IS CONCENTRIC WITH THE NORTH RIGHT-OF-WAY LINE OF MULHERN COURT, 66.05 FEET HAVING •Ho distance Should be assumed b Scolio A RADIUS OF 55.00 FEET AND A CHORD OF 62.15 FEET THAT BEARS SOUTH 86 DEGREES. 33 MINUTES 14 SECONDS EAST,; THENCE NORTH 42 DEGREES. 50 MINUTES,20 SECONDS EASE 90.71 FEET; THENCE NORTH 9 DEGREES, 4 MINUTES, 29 Y g Lot SECONDS WEST, I09.36 FEET, MINUTES,INENC£NORTH BO DEGREES, 55 MINUTES, 31 SECONDS EAST PERPENDICULAR 70 THE PREVIOUSLY DESCRIBED COURSE 10.00 FEET 1NENCE SOUTH 9 DEGREES, 4 MINUTES 29 SECONDS EAST, ]14.12 FEET, THENCE possession This map is void without original embossed or red colored seal and signature affixed. i3, Mulhern Court City o f York vi United C //e, Illinois SOUTH 42 DEGREES.50 MINUTES,20 SECONDS NESE 95.62 FEET THENCE ALONG A CURVE TO THE RIGHT THAT IS CONCENTRIC WITH THE NORTH RIGHT-OF-WAY LINE OF MULHERN COURT 30.31 FEET HAVING A RADIUS OF 55.00 FEET AND A •ANNOTATION ABBREVIATIONS- CHORD OF 29.93 FEET THAT BEARS SOUTH 25 DEGREES, 55 MINUTES, 59 SECONDS EAST THENCE ALONG A UNE WHICH IS PARALLEL WIN THE SOUTH UNE OF SAID LOT 3,NORTH 85 DEGREES, 15 MINUTE'S. 47 SECONDS EAST 58.92 FEET,: THENCE P.O.B.= POINT OF BEGINNING NORTH 20 DEGREES,50 MINUTES,53 SECONDS EASE 16.94 FEET; THENCE SOUTH 69 DEGREES,9 MINUTES, 7 SECONDS EAST PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 10.00 FEET; THENCE SOUTH 20 DEGREES,50 MINUTES 5J P.O.C.=POINT OF COMMENCEMENT SECONDS WEST PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 13.26 FEET; THENCE ALONG A LINE PARALLEL 11711 THE SOUTH LINE OF SAID LOT J,NORTH 85 DEGREES, 15 MINUTES, 47 SECONDS EAST 10.6E FEET; THENCE ALONG A •ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL COORDINATE SYSTEM. REVISIONS OWN BY: INT: DATE: PROJECT NO. LINE THAT IS PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT J, NORTH 76 DEGREES 3 MINUTES.JT SECONDS EAST, 5582 FEET, THENCE ALONG A LINE NHPARALLEL /CH IS WITH THE WEST LINE OF A PUBLIC UTILITY EASEMENT PER DC •THE EXISTING RIGHTS-OF-WAY SHOWN HEREIN ARE PER DEED OF RECORD. N0. 75-6113 NORTH 4 DEGREES, 45 MINUTES 00 SECONDS EAST 219.66 FEET THENCE SOUTH 85 DEGREES. 75 MINUTES, 00 SECONDS EAST PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE,2.50 FEET, THENCE ALONG A LINE THAT IS t. NTD 2/25/04 NTD 12/9/03 030647.01 PARALLEL WITH THE WEST LINE OF SAID PUBLIC UTILITY EASEMENT NORTH 4 DECREES. 45 SECONDS DO SECONDS EAST 58.5J FEET TO A POINT ON THE SOUTH LINE OF SAID PUBLIC UTILITY EASEMENT THENCE SOUTH 85 DEGREES, 1J MINUTES 00 2. NTD 3/10/04 DSN BY: INT: HORIZ SCALE: SHEET NO. SECONDS EAST 4.50 FEET TO A POINT ON THE WEST LINE OF SAID PUBLIC UTILITY EASEMENT; THENCE ALONG SAID WEST UNE SOUTH 4 DEGREES. 45 MINUTES, 00 SECONDS WEST 28003 FEET RETURNING TO THE POINT OF BEGINNING CONTAINING 3. DWS 1"=20" 0.14 ACRES MORE OR LESS ALL SITUATED IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY.IWNOIS 4. CHK BY: INT: VERT SCALE, 1 of 1 5. CLD N/A UNITED CITY OF YORKVILLE To: Tony Graff, City Administra r From: Joe Wywrot, City Engineer 1)a Subject: Bruell Street Pump Station— ange drder No. 1 Date: April 6, 2004 Attached find proposed Change Order No. 1 for the referenced project. This change order, in the amount of a $0.00 increase, extends the period of time from 60 days to 90 days that the bid would be honored. Award of this project has been delayed while the pump station site is being acquired. The lengths of time for substanti. . s. l e_,l com.letion remain unchanged. Please place this item on t, 'ublic Works Committee agenda of A.i 6, 2004 for consideration. tea- r/Y° • Cc: Liz D'Anna, Deputy City Clerk MAR 22 2004 12 : 30PM HP LASERJET 3200 P ' 2 MAR.22.2804 9:53AM WALTER DEUCHLER INC N0.887 P.212 • CHANGE ORDER Order No. 1 Date March 22, 2004 Agreement Date: • NAME OF PROJECT: _ BRUELL STREET PUMP STATION OWNER: UNITED CITY OF YQRICVILLE CONTRACTOR: SEAGREN CONSTRUCTION,INC, The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: $ 0.00 4110 OriginaI CONTRACT PRICE: $ 541,400,00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 541.400.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: S 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 54I,400.00 Change to CONTRACT TIM: By execution of this Change Order it is agreed by the Contractor that the above listed Contract Price will be held up to 90 calendar days from the date of the bid opening. The date for substantial completion of all wont will be 150 calendar days from N+TICE TO PROCEED and the date for final completion will be 180 calendar days from NOTICE TOP t •CEED. Requested by: �7%/�l��l� PIllitrIn F. Moreau lss� , Accepted by: � 610 ' Seaagren Construction. roc, f. Approved by: 1 United City of Yorkville • S UNITED CITY OF YORKVILLE To: Tony Graft; City Administrat r From: Joe Wywrot, City Engineer Subject: Bruell Street Forcemain & Sani ry Se ers— Change Order No. 1 Date: April 6, 2004 Attached find proposed Change Order No. 1 for the referenced project. This change order, in the amount of a $0.00 increase, extends the contract completion date by 60 calendar days. Award of this project was delayed while easements could be acquired. The extension allows the contractor a reasonable amount of time to complete the work. Please place this item on the Public Works Committee agenda of April 26, 2004 for consideration. i i Cc: Liz D'Anna, Deputy City Clerk • CHANGE ORDER Order No. 1 Date March 22, 2004 Agreement Date: NAME OF PROJECT: BRUELL STREET FORCEMAIN AND SANITARY SEWERS OWNER: UNITED CITY OF YORKVILLE CONTRACTOR: H. LINDEN & SONS SEWER& WATER, INC. The following changes are hereby made to the CONTRACT DOCUMENTS: • Justification: Change to CONTRACT PRICE: $ 0.00 Original CONTRACT PRICE: $ 1.511.895.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 1,511.895.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,511,895.00 Change to CONTRACT TIME: The CONTRACT TIME will be(increased) (decreas-d) by 60 calendar days. The date for completion of all ork is September 14, 2004 (Date). Requested by: --immixt !„ Philippe F. Moreau Accepted by: _ H. Linden & Sons Sewer & Water, Inc. • Approved by: United City of Yorkville Federal Agency Approval (where applicable) N.A. • • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator ll From: Joe Wywrot, City Engineer Subject: Raintree Village— Com Ed Easemen s Date: April 19, 2004 Attached find one copy each of easements crossing the Commonwealth Edison right-of-way at Hazeltine Way and at Kingsmill Street. These easements are needed to allow construction of roadways and utilities between the Fox Highlands and Raintree Village developments. The easements are 86 feet wide to match the width of our 66-foot right-of-way plus 10-foot easements on both sides. All fees have been paid to Com Ed and they have signed the easement. Please place this item on the Public Works Committee agenda of April 26, 2004 for consideration. S Cc: Dan Kramer, City Attorney 4110 FOR RECORDER'S PURPOSES GRANT FOR PUBLIC ROADWAY AND SUB-SURFACE FACILITIES THIS Grant for Public Roadway and Sub-surface Facilities is made, entered and granted on this day of , 2004, by and between COMMONWEALTH EDISON COMPANY, an Illinois corporation("Grantor"), and United City of Yorkville an Illinois municipal corporation ("Grantee"). WHEREAS, Grantor is the owner of a parcel of land in the United City of Yorkville, County of Will and State of Illinois, commonly known as Parcel No.5 of Grantor's Fox Illinois Union Right of Way, described in Exhibit"A" attached hereto and made a part hereof("Grantor's Property"); and WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance, repair, upgrade, expansion, addition, renewal, replacement, relocation, removal, use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in, at, over, under, along or across Grantor's Property (collectively, "Grantor's Operations"). WHEREAS Grantee at this time wishes to install and extend a public roadway with certain sub- ./ surface public facilities across Grantor's Property. NON,THEREFORE, in consideration of the payments, covenants, terms, and conditions to be made, performed, kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee, without warranty of title, a perpetual easement for the right and privilege to use the property legally described as follows: Hazeltine Way a. construction and maintenance of a public roadway (Hazeltine Way) in substantial conformity with the plan shown on Exhibit "B", (hereinafter referred to as "Roadway"), and b. construction and maintenance of curbs and sidewalks on said property in connection with said public roadway, provided that the same shall be constructed at an elevation and in a manner so as not to interfere with Grantor's ingress to and egress from its adjoining property by vehicle or otherwise, and c. construction and maintenance of—one eight inch sanitary sewer within the limits of, as located across the property of Grantor in substantial conformity with the engineering plan prepared by Jacob and Hefner &Associates, P.C..-as shown on Exhibit"B", (hereinafter referred to as "Facility") attached hereto and made a part hereof. • This grant of easement is made by Grantor and accepted by Grantee under the following terms and conditions: Aim • 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. Grantee shall procure and maintain at its own expense, prior to entry upon Grantor's Property hereunder, all licenses, consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of Roadway and Facility, and Grantee shall strictly observe all laws, rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole discretion. b. In the event any aspect of Grantee's construction, placement, maintenance, repair, use or operation of Roadway and Facility at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of Roadway and Facility from Grantor's Property if required, within the lesser of(i)thirty (30) days from Grantee's notice of 411 such violation or(ii) the period of time required by law for the correction of such violation. c. Grantee's use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor's Operations. d. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. e. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Roadway and Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Roadway and Facility, and Grantee shall be and remain liable to Grantor for the installation and operation of Roadway and Facility in accordance with the terms and conditions of this Agreement,notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. f. Without limiting the generality of the foregoing, this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees, existing roads and highways, the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor's Property; including,but not limited to those prior rights as previously granted by Grantor to the other users of record as located in,along Grantor's Property: If required, Grantee shall secure the engineering consent of such prior grantees as a • prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same. 2 i 2. Term. The term of this Easement shall be in perpetuity, pursuant to the terms, conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written. 3. Fee. In partial consideration of this Easement,Grantee shall, pursuant to the terms and conditions as set forth in the attached Developer's Unconditional and Irrevocable Guaranty of Payment and Performance clause, cause the Developer to pay the agreed upon fee as the consideration for the granting of this Agreement, which amount shall be due and payable to Grantor, prior to Grantor's execution and granting of this Agreement. 4. Rights Reserved to Grantor. a. Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors and assigns the unrestricted right for ingress to and egress from and communication between Grantor's adjoining properties and for installation, operation, maintenance, renewal and removal of its or their facilities upon, over and under the surface of the property described above, as it or they shall see fit insofar as such uses are compatible with the improvements shown on exhibit"B" and"C". b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under, over and across all or any 110 portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: a. In the event any alteration, expansion, upgrade, relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of the Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten (10)days after receipt of such notice, Grantee shall notify Grantor in writing of its election to(i) make such changes in the Facility, at Grantee's cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Facility to another location on Grantor's Property designated by Grantor, or(ii) reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten (10) day period, Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause(ii) hereinabove. In the event Grantee elects to make all changes to Facility, including relocation to another location designated by Grantor, required to avoid conflict with the proposed change in Grantor's Operations, Grantee, at its sole cost and in accordance with all applicable terms and conditions of this Agreement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty (60) days after the 3 • date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to be incurred by Grantor, Grantee shall make such payment within thirty (30) days after Grantor's demand therefor. b. Grantee agrees that, within thirty (30)days after the expiration or termination of this Easement for any reason, Grantee shall, at its cost, remove all of the Roadway and the Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior to the installation of the Roadway and the Facility. In the event Grantee fails to so remove its Roadway and Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's cost and expense, and, in such event, Grantor may dispose of the Roadway and the Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing the Roadway and the Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty (30) days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral, concerning the suitability of Grantor's Property or the Easement Premises for the placement of Roadway and Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement, Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion, and Grantee has not relied upon any statements, representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS,WHERE-IS CONDITION,WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use,except as may be otherwise expressly provided herein. 7. Conditions Governing Construction,Repair, Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation, alteration, maintenance (excluding only routine maintenance), repair,relocation,replacement or removal of Roadway and Facility, shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments, additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. b. Prior to the performance of any work, Grantee shall (i)obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental authority and furnish Grantor with satisfactory evidence that all such approvals have been obtained and(ii)furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. • 4 S c. Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty (30) days' advance notice of any work (including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30) days after receipt of a bill therefor. Grantor may elect, on a case-by-case basis,to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling, digging or excavation work on Grantor's Property, Grantee will notify JULIE at telephone number(800) 892-0123 at least seventy-two (72)hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work, Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. e. Except for emergency repairs that are affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's • Property and confirmed by Grantor, Grantee shall notify Grantor's Representative in Oakbrook Terrace,Illinois, telephone number(630)437-2824, at least forty-eight(48)hours in advance of entering Grantor's Property for the performance of any work(including routine maintenance). The timingand scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight(48)hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i) Grantee is in default under this Agreement, (ii)the performance of such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property, or(iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work. Grantor retains the right to suspend or stop all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations, and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes,building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of Roadway and Facility to meet the applicable requirements of 83 III. Admin. Code Part 305, as amended from time to time, and shall cause all workers performing any 41) work on behalf of Grantee, its contractors and subcontractors, to be equipped for and conform to OSHA safety regulations. Upon completion of the work,Grantee shall (i) provide waivers of lien 5 • from each contractor and such other evidence of lien-free completion of the work as Landlord may require and(ii) restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work, including without limitation damage to crops,fences, pasture land or livestock, and Grantee will reimburse Grantor on demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled on Grantor's Property having a height greater than fourteen (14)feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Roadway and Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. j. The following additional specific requirements shall apply to the performance of such work: (i) Grantee agrees that Roadway and Facility will be installed in strict conformity with the plans attached hereto as Exhibits "B" . (ii) Should any proposed changes to Roadway and Facility be required, • either before or after installation, Grantee, or its successor, shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Roadway and Facility enter or leave Grantor's Property, at all road or street crossings, at all rail crossings and at all locations where Roadway and Facility change direction in Grantor's Property. (iv) Where Roadway and Facility are crossing under Grantor's fiber optic cable (TBON), Grantor may require that split plastic duct shall be installed and secured around Grantor's underground fiber optic cables in order to protect the fiber optic cable from any damage during any backfilling operation. (v) Grantee agrees, upon completion of the installation of Roadway and Facility, Grantee will replace all backfilling material in a neat, clean and workmanlike manner, with the topsoil on the surface of Grantor's Property, together with the removal of all excess soils, including any rocks, debris or unsuitable fill from Grantor's Property that has been displaced by the placement of Roadway and Facility. At Grantor's sole election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil over Roadway and Facility' alignment in Grantor's • Property so long as the change in grade in Grantor's Property does not 6 • result in a grade change of greater than 6-inches from the pre-existing grade of Grantor's Property prior to the installation of Roadway and Facility. (vi) Grantee agrees that all of Grantor's Property as affected by the construction of Roadway and Facility shall be leveled, dressed and the area re-seeded using grass over and along Grantee's entire construction project site, except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve in wetland construction, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat, clean and orderly condition and to the satisfaction of Grantor; including, but not limited to, the re- seeding of Grantor's Property as required. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: a. Grantee shall obtain and maintain all rights, licenses, consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Roadway and Facility on Grantor's Property and, at Grantor's request, Grantee shall provide Grantor with evidence thereof. Grantee shall cause Roadway and Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law, and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under Grantor's Property in connection with Roadway and Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right(but not the obligation) after thirty (30) days' written notice to Grantee, to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Roadway and Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten (10) days after Grantor's demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising from electrical outages, caused by the use and occupancy of the Easement Premises by Grantee, its representatives, employees, agents, contractors, subcontractors and invitees. c. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises or any other real estate owned by Grantor or any improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Easement or any of the rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed, Grantee • will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless 7 • Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30) days after Grantor's demand therefor, any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Roadway and Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Grantee shall notify Grantor in writing within thirty (30) days after the date Grantee ceases to use Roadway and Facility and shall provide Grantor with a properly executed release of this Easement. This Easement shall terminate without the necessity of any notice to Grantee in the event of non-use by Grantee. 9. Hold Harmless. a. Grantee agrees to indemnify, defend ( with counsel acceptable to Grantor) and hold harmless Exelon Corporation, a Pennsylvania corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against any and all claims, actions,proceedings, judgments, damages (including consequential damages), liens, fines, costs, liabilities, injuries, losses, costs and expenses (including but not limited to attorneys' fees and costs and loss of electrical service) arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property, or any work performed hereunder by Grantee, its employees, agents, contractors or subcontractors, or anyone claiming by through or under any of them, or any breach of this Agreement,except to the extent that any such claim, action, proceeding,judgment, damage, lien, fine, cost, liability, injury, loss, cost and expense is attributable solely to the willful misconduct of Grantor, its employees, agents or contractors. This indemnification shall include, but not be limited to, claims made under any workman's compensation law or under any plan for employee's disability and death benefits (including without limitation claims and demands that may be asserted by employees, agents, contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law, Grantee hereby waives any and all claims against Exelon Corporation, a Pennsylvania corporation (Grantor's parent corporation), Grantor,and their respective employees,officers, directors, agents, subsidiaries, affiliates, successors and assigns (collectively, the"Grantor Group"), which Grantee or any person or entity claiming by, through or under Grantee may now or at any time in the future have for injury or damage to persons, property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group. Grantor shall not be liable to Grantee for any injury, loss or damage to persons, property or business sustained by Grantee, its representatives, employees, agents, contractors or invitees in connection with this Easement or the rights granted to Grantee hereunder, unless such loss or damage results from Grantor's willful misconduct. In no event shall Grantor be liable for any • 8 • such injury, loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain (or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor), prior to commencing any work on Grantor's Property, the following insurance coverages: (i) Workers' Compensation Insurance Policy: Coverage A- providing payment promptly when due of all compensation and other benefits required of the insured by the workers' compensation law; Coverage B -Employers'Liability: providing payment on behalf of the insured with limits not less than $1,000,000 each accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; (ii) Comprehensive General Liability Policy or Policies • covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or(2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; and (iii) Automobile Liability in the amount of not less than $2,000.000 per occurrence combined single limit covering all owned, leased, rented and non-owned vehicles. There shall be fumished to Grantor, prior to commencing the work of installing, repairing, replacing or removing Roadway and Facility, a certified copy of each policy of insurance or a Certificate of Insurance evidencing the coverages specified in subsections (i), (ii)and (iii) of this Section. Insurance coverage as required herein in subsections(i) (ii), and (iii) shall be kept in • force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no 9 exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend, correct and change, from time to time, the limits, coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A/XII or better and shall provide thirty (30) days prior written notice of any substantial change in the coverage, cancellation or non-renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors, shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors, officers, employees and agents. Grantee shall furnish Grantor with certificates of insurance evidencing Grantee's compliance with the requirements of this Section 10. 11. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property, cause all work performed by or on behalf of Grantee hereunder to be performed, and otherwise use and occupy the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit any underground storage tanks to exist or any Hazardous Materials to be • introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless Unicorn Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns,from and against from and against any claims, actions,proceedings, judgments, damages (including consequential damages), liens, fines,costs, liabilities, injuries, losses, costs and expenses , including but not limited to attorneys' and consultants' fees and costs, whether asserted under Environmental Laws or at common law, arising out of or related to (i) any breach by Grantee of the environmental covenants set forth above or(ii) any violation of any Environmental Laws or the presence, release or threatened release of any Hazardous Materials at, on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee, its agents,employees,contractors, or any entity in privity with or providing a benefit to Grantee. As used in this section, the term"Environmental Laws" shall mean all federal, state and local statutes, regulations or ordinances relating to the protection of health, safety or the environment including, without limitation,the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, all statutes, rules and regulations applicable to wetlands of any federal, state,county or local regulatory agency, and all similar state and local laws now or hereinafter enacted or amended. "Hazardous Materials" shall mean any waste, pollutant, toxic substance or hazardous substance, contaminant or material regulated by any Environmental Law including, without limitation, petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Grant of Easement. 411 10 41110 b. Without limiting the generality of the foregoing, prior to commencing any work on Grantor's Property, Grantee at is sole cost shall (i) secure and provide Grantor with copes of any wetland permits required from any federal state or local regulatory agencies and(ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas, Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain, and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. c. If, during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in, on, over or under the soil, groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property, Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a manner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are encountered in accordance with all applicable Environmental Laws, and, if permitted by such • laws, shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws, the excavated soils cannot be returned to the excavated work area, Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law, but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default ("Event of Default") under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten (10) days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant, term or condition to be performed or observed by Grantee hereunder, and the continuation of such default for a period of thirty (30) days after notice thereof from Grantor; provided, however, that if such default cannot be cured within thirty (30) days and Grantee has undertaken diligent efforts within such thirty (30) day period to effect a cure,then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days, as may be required by Grantee through the exercise of continuous, diligent efforts to complete all required corrective action; or c. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made; or d. Grantee's failure to maintain or cause its contractors or subcontractors to • maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section; or 11 • e. Grantee's failure to operate or maintain Roadway and Facility for a period of twelve(12) consecutive months. 13. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or more of the following remedies: a. terminate this Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee; or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee, together with (i) interest thereon at the Corporate Base Rate then published by Bank One (or at the prime rate then published by any other money center bank located in Chicago) and(ii) an administrative charge in an amount equal to twenty percent(20%) of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor's presentment of demand therefor; or c. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed,taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant.The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail, return receipt requested, or by a nationally-recognized overnight courier to the parties at the following addresses (or such substitute addresses as may be provided by either party in the manner described herein): If to Grantor: Sales Manager Real Estate Services Commonwealth Edison Company P. O. Box 805379 Chicago, Illinois, 60680-5379 If to Grantee: United City of Yorkville Mayor 800 Game Farm Rd. Yorkville, IL 60560 . 12 Such notices shall be deemed effective when personally delivered, if delivered in person or by messenger, three (3) days following deposit in U.S. mail, if delivered by certified mail, or one day following deposit with a nationally-recognized overnight courier. 15. Miscellaneous. a. Grantee's obligations under Sections 8, 9, 11 and 13 hereof shall survive the expiration or termination of this Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns; provided, however, that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in this Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms "Grantor" and"Grantee" as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns • being limited to its permitted assigns). c. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement, and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant, term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances) or the validity, legality or enforceability of the other covenants, terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties • shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. 13 M g. No receipt of money by Grantor from Grantee, after the expiration or termination of this Agreement shall renew, reinstate, continue or extend the term of this Agreement. h. By signing this Agreement, Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making the parties hereto partners, agents,joint ventures, members of a joint enterprise. i. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original and all of which, taken together, shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of Grantee pursuant to a resolution or ordinance adopted by its President and Board of Trustees/Mayor and City Council. Concurrently with its execution and delivery of this Agreement, Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement. k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency, this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMO►;► • T. EDISON CO i' •4 By: CITY OF YORKVILLE By: 411 /Mayor 14 • ATTEST: Village /City Clerk This instrument is prepared by Craig Dixon of Commonwealth Edison Company, P. O. Box 805379 Chicago, Illinois 60680-537990. kiLdmg\Flanagan\Easement\Village of Machesney Pk.doc STATE OF ILLINOIS • COUNTY OF COOK ss. I, the undersigned, a Notary public in and for the County and State aforesaid, DO HEREBY CERTIFY, that, J.q/c5 L`5` /14 o , personally known to me to be the `7-3 //i&- A— of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this,`f�day of /%?ft(// ,2004_ ea ok... / . it, 'ary Public/ Commission expires:/41 AL 1� �b 6. r ikN c( t C SEAL h` UE x t w. F''''tmr c. ( ALDJACKSON SR 4, l rt f ay' a gFf TE Of ELLP3OtO STATE OF ILLINOIS 1.-6 ct attsw E c Y�r'..7-.7,1'> COUNTY OF ss. III 15 A 0 I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkville, whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor signed and delivered the said instrument, pursuant to authority given by the City Council of said United City, pursuant to a resolution or ordinance adopted by said United City, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2004_. Notary Public Commission Expires: DEVELOPER'S UNCONDITIONAL AND IRREVOCABLE GUARANTY OF PAYMENT AND PERFORMANCE RAINTREE VILLAGE LLC An Illinois Limited Liabiliity Company, ("Developer") hereby • unconditionally and irrevocably guarantees to and for the benefit of COMMONWEALTH EDISON COMPANY, an Illinois corporation, ( "Grantor"), the payment of all sums as and when due from the UNITED CITY OF YORKVILLE, an Illinois municipal corporation, ("Grantee") , under the foregoing Grant for Public Roadway and Subsurface Facilities and the full and faithful performance of all obligations of Grantee under the foregoing Easement, including without limitation the installation of Grantee's Roadway and Facility in accordance with the terms and conditions of the foregoing Easement. This guaranty shall expire on the date of Grantee's acceptance of title to Grantee's Roadway and Facility, as evidenced by Developer's delivery to Grantor of evidence reasonably acceptable to Grantor that Developer has delivered and Grantee has accepted title to Grantee's Roadway and Facility. 40By / /i1 fell Wf i0// Titl:� y -,St� • 16 r H P. W U U H • • i • EXHIBIT A GRANTOR'S PROPERTY (3) ±164. A strip of land;of tie tnz.formlying one and one— . (l. rode.en eat* aide of 'tile line hereinafter described; :beginning:, at a. etonse;:isr the-ceite © ' the: ##0 and ewego.Road, which stcine me ck6 the Ilreatar1y unit an is described end set forth in a cult claim deed datc4 December 224.•1§ of and rnearded in book 5i5 of tfie ka cords -Xe n?-1. Go-n� tsy,. • on ge 50aaand in -i;chc sen quit c alae deed Peter eichertz and aife son "vey-ed`to George, I etecb n, and riddling-II-OW saidatone north seventyted snci one calf degrees (72) gnat it g the center of said road eleven hundred and eighty—six and tenths (1186.? =feet for the point of beginning of said 3ine� said point being also-sixty four (64) feet southwesterly alonC the 'center of geld re frier tie stone a ith marks the northernoet corner of the land in said �3e .deseribed; frees: the said point of beginning south seventeen degrees ten sintites (17 deg. 10') East twelve hundred nineteen (1219) feet in a straight line to- a point of curve; thence oh a curate of four degrees (4) to the rights distance of five hundred twenty—five (525) feet to a left curve; thec[ce on a four degree curve to the left a distance of one hundred.fifty (150) feet to the southerly line of the said land in said • deed-described-; also • 18 EXHIBIT - V 0 ROADWAY AND DTILUTY EASKMENT al COMMONWEALTH EDISON RIGHT OF WA -off ST�`� RO S .70,0 -1061 Lg5 7730) 169 * GREE14 CDS �o FOX HIGHLANDS P.U.D. UNIT ONE 9 Per Doc. No. 0016554, Recorded Nov. 30. 2000 t_ T". r x O E $ Z 156 N Z 1� � 16 r > PROPOSED RAINTREE KINGSMILL 1 VILLAGE UNIT ONE COURT Gro E• N S Tr or if 50- WAY •/ eAla / la-NNE 152ZS Fig ELTINE .$ N 771"'r E 19 GI W AY `r` vi M 5D- w 19 151 S 610 s.' 111 0 20 _, a • '50 73A G 112 JACOB . :1 j 1_i' k ASSOCIATE, P.C. 0 se:Isr 1/044 aet FE Cowan! =Ma=BIGC( � Mincsis Campos 804,716 .* mc — 810770-e 816)736-6Oe9 aw. ,. _ ... R • FOR RECORDER'S PURPOSES GRANT FOR PUBLIC ROADWAY AND SUB-SURFACE FACILITIES THIS Grant for Public Roadway and Sub-surface Facilities is made, entered and granted on this day of , 2004,by and between COMMONWEALTH EDISON COMPANY, an Illinois corporation ("Grantor"), and United City of Yorkville, an Illinois municipal corporation ("Grantee"). WHEREAS, Grantor is the owner of a parcel of land in the United City of Yorkville, County of Will and State of Illinois,commonly known as Parcels No.6 &6A of Grantor's Fox Illinois Union Right of Way, described in Exhibit"A" attached hereto and made a part hereof("Grantor's Property"); and WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance, repair, upgrade, expansion, addition, renewal, replacement, relocation, removal, use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in, at, • over, under, along or across Grantor's Property (collectively, "Grantor's Operations"). WHEREAS Grantee at this time wishes to install and extend a public roadway with certain sub- surface public facilities across Grantor's Property. NON, THEREFORE, in consideration of the payments, covenants, terms, and conditions to be made, performed, kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee, without warranty of title, a perpetual easement for the right and privilege to use the property legally described as follows: Kingsmill Street a. construction and maintenance of a public roadway(Kingsmill St.) in substantial conformity with the plan shown on Exhibit "B", (hereinafter referred to as "Roadway"), and b. construction and maintenance of curbs and sidewalks on said property in connection with said public roadway, provided that the same shall be constructed at an elevation and in a mariner so as not to interfere with Grantor's ingress to and egress from its adjoining property by vehicle or otherwise, and c. construction and maintenance of one longitudinal sanitary sewer-within the limits of, as • located on the property of Grantor in substantial conformity with the engineering plan prepared by Jacob anfd Hefner&Associates,P.C..-as shown on Exhibit"B", (hereinafter referred to as"Facility") attached hereto and made a part hereof. • This grant of easement is made by Grantor and accepted by Grantee under the following terms and conditions: 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. Grantee shall procure and maintain at its own expense, prior to entry upon Grantor's Property hereunder, all licenses,consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of Roadway and Facility, and Grantee shall strictly observe all laws, rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole discretion. b. In the event any aspect of Grantee's construction,placement, maintenance, repair, use or operation of Roadway and Facility at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall • immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of Roadway and Facility from Grantor's Property if required, within the lesser of(i) thirty (30)days from Grantee's notice of such violation or(ii) the period of time required by law for the correction of such violation. c. Grantee's use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor's Operations. d. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. e. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Roadway and Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Roadway and Facility, and Grantee shall be and remain liable to Grantor for the installation and operation of Roadway and Facility in accordance with the terms and conditions of this Agreement, notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. f. Without limiting the generality of the foregoing, this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees, existing roads and highways, the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may • be present in Grantor's Property; including,but not limited to those prior rights as previously 2 • granted by Grantor to the other users of record as located in,along Grantor's Property: If required, Grantee shall secure the engineering consent of such prior grantees as a prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same. 2. Term. The term of this Easement shall be in perpetuity, pursuant to the terms, conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written. 3. Fee. In partial consideration of this Easement, Grantee shall, pursuant to the terms and conditions as set forth in the attached Developer's Unconditional and Irrevocable Guaranty of Payment and Performance clause, cause the Developer to pay the agreed upon fee as the consideration for the granting of this Agreement, which amount shall be due and payable to Grantor, prior to Grantor's execution and granting of this Agreement. 4. Rights Reserved to Grantor. a. Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors and assigns the unrestricted right for ingress to and egress from and communication between Grantor's adjoining properties and for installation, operation, maintenance, renewal and removal of its or their facilities upon, over and under the surface of the property described above, as it or they shall see fit insofar as such uses are compatible with the improvements shown on exhibit"B" and"C". • b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under,over and across all or any portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: a. In the event any alteration,expansion, upgrade, relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of the Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten (10) days after receipt of such notice, Grantee shall notify Grantor in writing of its election to (i) make such changes in the Facility, at Grantee's cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Facility to another location on Grantor's Property designated by Grantor, or(ii) reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten (10) day period, Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in • clause(ii) hereinabove. hi the event Grantee elects to make all changes to Facility, including relocation to another location designated by Grantor, required to avoid conflict with the proposed 3 110 change in Grantor's Operations, Grantee, at its sole cost and in accordance with all applicable terms and conditions of this Agreement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty (60) days after the date of such election. additional costs to In the event Grantee elects to reimburse Grantor for the d o be incurred by Grantor, Grantee shall make such payment within thirty (30) dayss after Grantor's s demand therefor. b. Grantee agrees that, within thirty (30) days after the expiration or termination of this Easement for any reason, Grantee shall, at its cost, remove all of the Roadway and the Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior to the installation of the Roadway and the Facility. In the event Grantee fails to so remove its Roadway and Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's cost and expense, and, in such event, Grantor may dispose of the Roadway and the Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing the Roadway and the Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty (30) days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral,concerning the suitability of Grantor's Property or the Easement Premises for the placement of Roadway and Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement, Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion,and Grantee has not relied upon any statements, representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS,WHERE-IS CONDITION,WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use, except as may be otherwise expressly provided herein. 7. Conditions Governing Construction,Repair,Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation, alteration, maintenance(excluding only routine maintenance), repair, relocation, replacement or removal of Roadway and Facility, shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments, additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. b. Prior to the performance of any work, Grantee shall (i)obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental • authority and furnish Grantor with satisfactory evidence that all such approvals have been 4 L • obtained and (ii) furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. c. Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty(30) days' advance notice of any work (including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30) days after receipt of a bill therefor. Grantor may elect, on a case-by-case basis, to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling, digging or excavation work on Grantor's Property, Grantee will notify JULIE at telephone number(800) 892-0123 at least seventy-two (72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work, Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. • e. Except for emergency repairs that are affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's Property and confirmed by Grantor, Grantee shall notify Grantor's Representative in Oakbrook Terrace, Illinois, telephone number(630)437-2824, at least forty-eight (48) hours in advance of entering Grantor's Property for the performance of any work(including routine maintenance). The timing and scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight(48)hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i) Grantee is in default under this Agreement, (ii) the performance of such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property, or(iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work. Grantor retains the right to suspend or stop all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations, and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes,building codes and regulations of applicable • governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of Roadway and Facility to meet the applicable requirements of 83 Ill. 5 • Admin. Code Part 305, as amended from time to time, and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors, to be equipped for and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i) provide waivers of lien from each contractor and such other evidence of lien-free completion of the work as Landlord may require and(ii) restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work, including without limitation damage to crops, fences, pasture land or livestock, and Grantee will reimburse Grantor on demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall anyvehiclesorequipment be brought or assembled on Grantor's Property having a height greater than fourteen (14)feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Roadway and Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. j. The following additional specific requirements shall apply to the performance of such work: • (i) Grantee agrees that Roadway and Facility will be installed in strict conformity with the plans attached hereto as Exhibits"B" . (ii) Should any proposed changes to Roadway and Facility be required, either before or after installation, Grantee, or its successor, shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Roadway and Facility enter or leave Grantor's Property, at all road or street crossings, at all rail crotsings and at all locations where Roadway and Facility change direction in Grantor's Property. (iv) Where Roadway and Facility are crossing under Grantor's fiber optic cable (TBON), Grantor may require that split plastic duct shall be installed and secured around Grantor's underground fiber optic cables in order to protect the fiber optic cable from any damage during any backfilling operation. (v) Grantee agrees, upon completion of the installation of Roadway and Facility,Grantee will replace all backfilling material in a neat, clean and workmanlike manner, with the topsoil on the surface of Grantor's Property, together with the removal of all excess soils, including any rocks, debris or unsuitable fill from Grantor's Property that has been displaced by the placement of Roadway and Facility. At Grantor's sole 6 • election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil over Roadway and Facility' alignment in Grantor's Property so long as the change in grade in Grantor's Property does not result in a grade change of greater than 6-inches from the pre-existing grade of Grantor's Property prior to the installation of Roadway and Facility. (vi) Grantee agrees that all of Grantor's Property as affected by the construction of Roadway and Facility shall be leveled, dressed and the area re-seeded using grass over and along Grantee's entire construction project site,except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve in wetland construction, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat, clean and orderly condition and to the satisfaction of Grantor; including, but not limited to, the re- seeding of Grantor's Property as required. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: • a. Grantee shall obtain and maintain all rights, licenses, consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Roadway and Facility on Grantor's Property and,at Grantor's request, Grantee shall provide Grantor with evidence thereof. Grantee shall cause Roadway and Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law, and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under Grantor's Property in connection with Roadway and Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right (but not the obligation) after thirty (30) days' written notice to Grantee, to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Roadway and Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten (10) days after Grantor's demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising from electrical outages, caused by the use and occupancy of the Easement Premises by Grantee, its representatives, employees, agents, contractors, subcontractors and invitees. c. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises or any other real estate owned by Grantor or any • improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Easement or any of the 7 110 rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed, Grantee will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30) days after Grantor's demand therefor, any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Roadway and Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Grantee shall notify Grantor in writing within thirty (30) days after the date Grantee ceases to use Roadway and Facility and shall provide Grantor with a properly executed release of this Easement. This Easement shall terminate without the necessity of any notice to Grantee in the event of non-use by Grantee. 9. Hold Harmless. a. Grantee agrees to indemnify, defend( with counsel acceptable to Grantor) and hold harmless Exelon Corporation,a Pennsylvania corporation(Grantor's parent corporation), . Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns,from and against any and all claims, actions,proceedings, judgments, damages (including consequential damages), liens, fines,costs, liabilities, injuries, losses, costs and expenses (including but not limited to attorneys' fees and costs and loss of electrical service) arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property, or any work performed hereunder by Grantee, its employees, agents,contractors or subcontractors, or anyone claiming by through or under any of them, or any breach of this Agreement, except to the extent that any such claim, action, proceeding,judgment, damage, lien, fine, cost, liability, injury, loss, cost and expense is attributable solely to the willful misconduct of Grantor, its employees, agents or contractors. This indemnification shall include, but not be limited to, claims made under any workman's compensation law or under any plan for employee's disability and death benefits (including without limitation claims and demands that may be asserted by employees, agents,contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law, Grantee hereby waives any and all claims against Exelon Corporation, a Pennsylvania corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, successors and assigns (collectively, the"Grantor Group"), which Grantee or any person or entity claiming by, through or under Grantee may now or at any time in the future have for injury or damage to persons, property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group. Grantor shall not be liable to Grantee for any injury, loss or damage to persons, property or business sustained by Grantee, its representatives, employees, agents, contractors or invitees in •8 • connection with this Easement or the rights granted to Grantee hereunder, unless such loss or damage results from Grantor's willful misconduct. In no event shall Grantor be liable for any such injury, loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain(or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor), prior to commencing any work on Grantor's Property, the following insurance coverages: (i) Workers'Compensation Insurance Policy: Coverage A- providing payment promptly when due of all compensation and other benefits required of the insured by the workers'compensation law; Coverage B -Employers'Liability: providing payment on behalf of the insured with limits not less than $1,000,000 each accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; • (ii) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means(1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; and (iii) Automobile Liability in the amount of not less than $2,000.000 per occurrence combined single limit covering all owned, leased, rented and non-owned vehicles. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing Roadway and Facility, a certified copy of each policy of insurance or a • Certificate of Insurance evidencing the coverages specified in subsections(i), (ii) and (iii) of this Section. Insurance coverage as required herein in subsections (i) (ii), and(iii) shall be kept in 9 force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend, correct and change, from time to time, the limits, coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A/XII or better and shall provide thirty (30) days prior written notice of any substantial change in the coverage, cancellation or non-renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors, shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors, officers, employees and agents. Grantee shall furnish Grantor with certificates of insurance evidencing Grantee's compliance with the requirements of this Section 10. 11. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property, cause all work performed by or on behalf of Grantee hereunder to be performed, and otherwise use and occupy • the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit any underground storage tanks to exist or any Hazardous Materials to be introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless Unicorn Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against from and against any claims, actions, proceedings, judgments, damages (including consequential damages), liens,fines, costs, liabilities, injuries, losses;costs and expenses , including but not limited to attorneys' and consultants' fees and costs, whether asserted under Environmental Laws or at common law, arising out of or related to (i)any breach by Grantee of the environmental covenants set forth above or(ii) any violation of any Environmental Laws or the presence,release or threatened release of any Hazardous Materials at, on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee, its agents, employees, contractors, or any entity in privity with or providing a benefit to Grantee. As used in this section, the term"Environmental Laws" shall mean all federal, state and local statutes, regulations or ordinances relating to the protection of health, safety or the environment including, without limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, all statutes, rules and regulations applicable to wetlands of any federal, state, county or local regulatory agency, and all similar state and local laws now or hereinafter enacted or amended. "Hazardous Materials"shall mean any waste, pollutant, toxic substance or hazardous substance, contaminant or material regulated by any Environmental Law including, without limitation, petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Grant of Easement. 10 • b. Without limiting the generality of the foregoing, prior to commencing any work on Grantor's Property, Grantee at is sole cost shall (i)secure and provide Grantor with copes of any wetland permits required from any federal state or local regulatory agencies and(ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas, Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain, and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. c. If, during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in, on, over or under the soil, groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property, Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a manner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are • encountered in accordance with all applicable Environmental Laws, and, if permitted by such laws, shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws, the excavated soils cannot be returned to the excavated work area, Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law, but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default ("Event of Default") under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten (10) days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant, term or condition to be performed or observed by Grantee hereunder, and the continuation of such default for a period of thirty (30) days after notice thereof from Grantor; provided, however, that if such default cannot be cured within thirty (30) days and Grantee has undertaken diligent efforts within such thirty (30)day period to effect a cure, then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days, as may be required by Grantee through the exercise of continuous, diligent efforts to complete all required corrective action; or c. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made; or d. Grantee's failure to maintain or cause its contractors or subcontractors to • maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section; or 11 e e. Grantee's failure to operate or maintain Roadway and Facility for a period of twelve (12) consecutive months. 13. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or more of the following remedies: a. terminate this Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee; or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee, together with(i) interest thereon at the Corporate Base Rate then published by Bank One(or at the prime rate then published by any other money center bank located in Chicago) and (ii) an administrative charge in an amount equal to twenty percent(20%) of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor's presentment of demand therefor; or c. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed, taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant. The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. Notices. All notices, requests, demands and other communications hereunder shall be in writingand shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail, return receipt requested, or by a nationally-recognized overnight courier to the parties at the following addresses (or such substitute addresses as may be provided by either party in the manner described herein): If to Grantor: Real Estate Services Commonwealth Edison Company P. O. Box 805379 Chicago, Illinois, 60680-5379 If to Grantee: United City of Yorkville Mayor 800 Game Farm Rd. Yorkville, IL 60560 • 12 s Such notices shall be deemed effective when personally delivered, if delivered in person or by messenger, three (3) days following deposit in U.S. mail, if delivered by certified mail, or one day following deposit with a nationally-recognized overnight courier. 15. Miscellaneous. a. Grantee's obligations under Sections 8, 9, 11 and 13 hereof shall survive the expiration or termination of this Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns; provided, however, that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in this Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms "Grantor" and"Grantee"as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns being limited to its permitted assigns). • c. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement, and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant,term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances) or the validity, legality or enforceability of the other covenants, terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties • shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. 13 • g. No receipt of money by Grantor from Grantee, after the expiration or termination of this Agreement shall renew, reinstate, continue or extend the term of this Agreement. h. By signing this Agreement, Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making the parties hereto partners, agents,joint ventures, members of a joint enterprise. i. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of Grantee pursuant to a resolution or ordinance adopted by its President and Board of Trustees/Mayor and City Council. Concurrently with its execution and delivery of this Agreement, Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement. k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local • improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency, this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMO • AL '. EDISON CO By: UNITED CITY OF YORKVILLE By: Mayor • 14 0 ATTEST: Village/City Clerk This instrument is prepared by Craig Dixon of Commonwealth Edison Company, P. O. Box 805379 Chicago, Illinois 60680-537990. kfLdmg\Flanagan\Easement\Village of Machesney Pk.doc STAFF,OF ILLINOIS 4110 COUNTY OF COOK ss. I, the unders ,ned, a Notes public, in and for the County and State aforesaid, DO HEREBY CEXITY, that 2/11//A5 A ) L; 04/ , personally known to me to be the a'W/fir /y'2/./' /�— of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. y Given under my hand and official seal, thi� "'day of ,2004_ $6d s 2tj � ��// o .ry Public Commission expires: /e--d- 7/ --62'°'-'cw "'" "P° - f � tCARL. D JACKSON STATE OF ILLINOIS COUNTY OF ss. S 15 411111 I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkviklle whose name are subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that as such Mayork, they signed and delivered the said instrument, pursuant to authority given by the City Council of said United City of Yorkville, pursuant to a resolution or ordinance adopted by said City, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2004_. Notary Public Commission Expires: DEVELOPER'S UNCONDITIONAL AND IRREVOCABLE GUARANTY OF PAYMENT AND PERFORMANCE RAINTREE VILLAGE L.L.C, Illinois 60187, ("Developer")hereby unconditionally and irrevocably 1111 guarantees to and for the benefit of COMMONWEALTH EDISON COMPANY, an Illinois corporation, ( "Grantor"), the payment of all sums as and when due from the UNITED CITY OF YORKVILLE, an Illinois municipal corporation, ("Grantee") , under the foregoing Grant for Public Roadway and Subsurface Facilities and the full and faithful performance of all obligations of Grantee under the foregoing Easement, including without limitation the installation of Grantee's Roadway and Facility in accordance with the terms and conditions of the foregoing Easement. This guaranty shall expire on the date of Grantee's acceptance of title to Grantee's Roadway and Facility, as evidenced by Developer's delivery to Grantor of evidence reasonably acceptable to Grantor that Developer has delivered and Grantee has accepted title to Grantee's Roadway and Facility. /410 Title tyi, ,d(, 10 • �� 16 nr: r- r-I H a U U H • EXHIBIT A GRANTOR'S PROPERTY = A strip of land fifty feet in width and constituting 'tat was formerly the -`, 50 foot strip owned by the Fon: and Illinois Union Railway Company as herotof'sre ' surveyed and located, across the following described lands: A part of8retiost- -, Number 9 in Township 58 North, Range 7 East of the Erd P.N. commencing at a • point south 35 degrees 15' East 28.55 chains from a point which is 8.1.0 *sits west of the sectional corner of section number 4,,5,1 and 9, in said To nship Set and thence run south 55 deg. 15' East 5.05 chains,' thew* South 10 deg. West 1.50 wins, thence south 50 dog. 50' Neat 12.42 obtains, three south 50 cies. last T _ chains thence North 50 deg. 50' East 13.12 chains, thence south E5 deg. 151 Nast _ 19.83 chains, thence North 89 deg. 45' East 48.15 chains, thence North 65 dog. 411' West 44.71 chains, thence North 77 deg. West 18.25 chainsthence North 51 dog. • . 50' West 1.59 chains, thence South 48 deg. west 13.72 chains to the plaoe of beginning, containing 154 88/100 acres of land, said strip running from a point in the South boundary of said above described lands in a northerly direction to the north boundary thereof; also • S. • 18 =mini ... • "B• ROADWAY AND UTILITY EASS�NTM OVER COMMONWEALTH EDISON RIGHT OF WAY rri 25 I. E� Z Q in ' 26 ZG t a$ Z� ' P a o i. a at 1111 27 120 CC O 18 FOX H1 r LANDS P.U.D. 2 U IT ONE ciLi SJIL • Per ' Na 0016554, Nom 30. 2000 O _ U PROPOSED ->;5 .y '�' S N �oNE c ,6. E �'3�N L q;" a• Mw u,.&um s antra- 29 139 - 2Z351 E a �' .', N'6 . V7. ICIN ia 767 SQ \ " M SL`7 v� E O r OPEN SPACE 51.43' W S .E O C.) • BMW gyp;: D/ i 4 IACQH 4. SOZTLY0321 rumormat, gamer �� .i:a P.C. -r• 816 Camp Drips last. -� �arals i"-tor plum st I __ r■lcrren__nRo UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer Subject: 2004 Joint & Crack Filling P oject— evised MFT Appropriation Resolution Date: April 28, 2004 Attached find a partial copy of the bidding documents, estimate of cost, and MFT appropriate resolution for the referenced project. This year we are planning to crack fill the streets in Fox Hill Units 1, 2, 3, 4, and 6, Kennedy Road just east of Route 47, and Yorkville Business Center Units 1, 2, and 3. The cost estimate for this work is $25,485.60. IDOT recommended that the MFT Resolution be rounded up about 4% to $26,500 to provide a cushion against bids possibly coming in higher than anticipated. Last year we got very good bids, and were able to expand the project to include additional streets without exceeding the MFT appropriation. If we have the same opportunity this year I would like to perform crack filling in Cimarron Ridge Units 1 and 2, Sunflower Estates Units 1 and 2, and perhaps some other areas. Yorkville Business Center Units 2 and 3 and Sunflower have not been accepted by the city yet, but I would still like to do that work now rather than letting the streets deteriorate for another year or two. Dan Kramer did approve maintenance work in the White Oak subdivision recently before the City Council accepted those streets, stating that performing maintenance work did not constitute acceptance of public infrastructure. This item was recommended for approval by the Public Works Committee at their meeting on April 26, 2004. It now needs to move on to City Council for approval of the plans (so the Mayor can sign the cover sheet) and for approval of the MFT resolution. Please place this item on the May 4, 2004 Committee of the Whole agenda for consideration. Cc: Dan Kramer, City Attorney Traci Pleckham, Director of Finance Liz D'Anna, Deputy City Clerk RETURN WITH BID PROPOSAL SUBMITTED BY Contractor's Name Street P.O. Box City State Zip Code J STATE OF ILLINOIS Cr) COUNTY OF Kendall O E City of Yorkville OL C (Insert name of City,Village,Town or Road District) LL LU 1' -0 ESTIMATE OF COST, SPECIFICATIONS, PLANS. -0_ MATERIAL PROPOSAL, CONTRACT PROPOSAL, z m CONTRACT AND CONTRACT BOND. LU C LU (Strike out that which is not applicable) Z U O Z Z FOR o THE IMPROVEMENT OF L1J O VARIOUS STREETS LO STREET NAME OR ROUTE NO. 2004 JOINT & CRACK FILLING O o SECTION NO. 04-00000-01-GM Z W 2 TYPE OF FUNDS MFT W t z r TO BE CONSTRUCTED UNDER O THE PROVISIONS OF UJ z THE ILLINOIS HIGHWAY CODE Submitted Approved/Passed APPROVED Arthur F Prochaska, Jr., Mayor DEPARTMENT OF TRANSPORTATION Highway Comrn.s€+o or/Mayor/Prcoidcnt of Docrd of Tru-oteco For County and Road District Projects Only Date Submitted/Approved District Engineer County Engineer/Superintendent of Highways IL 494-0328 BLR 5701 (Rev. 10/01) Illinois Department of Transportation Notice to Bidders Route 2004 Joint & Crack Filling RETURN WITH BID County Kendall Local Agency City of Yorkville Section 04-00000-01-GM Time and Place of Opening of Bids Sealed proposals for the improvement described below will be received at the office of the City Engineer City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 , Illinois (address) until 11:00 o'clock A M., June 22, 2004 Proposals will be opened and read publicly (date) at 11:00 o'clock A M., June 22, 2004 at the office of the City Engineer (date) City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 (address) Description of Work Name 2004 Joint & Crack Filling Length N/A feet ( N/A miles) Location Various street locations as identified on Location Map Proposed Improvement Consists of routing, cleaning, and sealing of joints and cracks in the pavement with Rubberized asphalt cement and traffic control in order to safely perform the project. Bidders Instructions 1. Plans and proposal forms will be available in the office of the City Engineer City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 2. If prequalification is required , the 2 low bidders must file within 24 hours after the letting an "Affidavit of Availability" (Form BC 57), in triplicate, showing all uncompleted contracts awarded to them and all low bids pending award for Federal, State, County, Municipal and private work. One copy shall be filed with the Awarding Authority and 2 copies with the IDOT District Office 3. All proposals must be accompanied by a proposal guaranty as provided in BLRS Special Provision for Bidding Requirements and Conditions for Contract Proposals contained in the "Supplemental Specifications and Recurring Special Provisions". 4. The Awarding Authority reserves the right to waive technicalities and to reject any or all proposals as provided in BLRS Special Provision for Bidding Requirements and Conditions for Contract Proposals contained in the "Supplemental Specifications and Recurring Special Provisions". 5. when bidssubmittedotherwise Portions f Bidders need not return the entire contract proposal �: en are unless o���������� required. of the proposal that must be returned include the following: a. BLR 5701 - Contract Cover d. BLR 5706 - Contract Schedule of Prices (if needed) b. BLR 5704 - Notice to Bidders e. BLR 5707 - Contract Schedule of Prices and Signatures c. BLR 5705 - Contract Proposal f . BLR 5708 - Proposal Bid Bond (if required) 6. The quantities appearing in the bid schedule are approximate and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of work performed and accepted or materials furnished according to the contract. The scheduled quantities of work to be done and materials to be furnished may be increased, decreased or omitted as hereinafter provided. BLR 5704 (Rev. 10/01) Page 1 of 2 11110.1111. i. F -I :- C\)1 f 17 I �2 „C18 ` 'Y" 1 6 SOI 11 i I' 6 ' ll 10,11Mr--_, - , ,_____ ___ ... .,_ ..... ,, 8 c.,,.., lijiw ,r\________c• ._, 1 ...1Q -------4 Bbc berty Creek .. ,.. '9 20 ' 19 C \❑ 1 /All '''''' Viiiii r . • ilic,. P611.9 .1181 t.- Ur it ,, . . -, o- , .. . �i�i 29,- -_ Li 2 8 )' 30 1 -- mica P.N.A. ' ell Youth # Camp ,s YORKVIL t - =17117 HIGH SCHOOL ......c Ewa �_ 1:___„.....„.., , Elnwood lr EIJOEFL... i ' ir 11L11=Mill rqoui-j --FIL7 ,j �� �� Fox __ _ - , -----i.-----71-----0 . ❑ River C3G12X[Eij DI 3 3 31 DQ❑0 c, -7,--.:-,/, . ____ L' - . ! 1 r- Chicago Council ❑1-_-_2 :1Ezi:ii ' — B( oScisof --- DZI • America Y V? Illinois Department of Transportation Municipal Maintenance Operations Location Surface Maintenance Operation Existing Street From To Type Length Width No. Description Quantity .IfHN ST CYr'AMCIRF Rn \NII I Cl1A/WAY RIT 71nl 11 1 r..RAr`V FII I INC, 77 JOHN ST WILLOW WAY TERMINUS BIT 1593 33 1 CRACK FILLING 1180 SYCAMORE RD ROUTE 34 JOHN ST BIT 755 33 1 CRACK FILLING 1025 SYCAMORE RD JOHN ST TERMINUS BIT 872 33 1 CRACK FILLING 1183 CHESTNUT LN SYCAMORE RD JOHN ST BIT 1246 25 1 CRACK FILLING 1691 SEQUOIA CIR SYCAMORE RD TERMINUS BIT 220 25 1 CRACK FILLING 300 CHESTNUT CT CHESTNUT LN TERMINUS BIT 134 25 1 CRACK FILLING 180 ASPEN LN JOHN ST JOHN ST BIT 1807 25 1 CRACK FILLING 2197 WHITE PINE CT JOHN ST TERMINUS BIT 269 25 1 CRACK FILLING 327 DIEHL FARM RD ROUTE 34 JOHN ST BIT 863 33 1 CRACK FILLING 1050 COTTONWOOD TR JOHN ST (E) DIEHL FARM RD BIT _ 1097 25 1 CRACK FILLING 1490 COTTONWOOD TR DIEHL FARM RD JOHN ST (W) _ BIT 1187 25 1 CRACK FILLING 1443 STONERIDGE CT COTTONWOOD TR TERMINUS BIT 300 25 1 CRACK FILLING 407 STONERIDGE CIR COTTONWOOD TR TERMINUS BIT 133 25 1 CRACK FILLING 180 COTTONWOOD CT COTTONWOOD TR TERMINUS BIT , 168 25 1 CRACK FILLING 205 CYPRESS LN DIEHL FARM RD TERMINUS BIT 345 25 1 CRACK FILLING 420 EVERGREEN LN JOHN ST (N) JOHN ST (S) BIT 1698 25 1 CRACK FILLING 1258 WILLOW WAY JOHN ST (N) JOHN ST (S) BIT 1546 25 1 CRACK FILLING 1145 KENNEDY RD ROUTE 47 LEXINGTON CIR (E) BIT 1400 Varies 1 CRACK FILLING 1037 WHEATON AVE ROUTE 47 1726 FT WEST BIT 1726 36 1 CRACK FILLING 3350 WHEATON AVE 1726 FT WEST OF 47 _TERMINUS BIT 620 36 1 CRACK FILLING 460 COMMERCIAL DR WHEATON AVE TERMINUS BIT 1604 36 1 CRACK FILLING 1187 TOTAL 24272 • Submit Four (4) copies to District Engineer BLR 8203(Rev.8/96) Crackfllling Calculation Spreadsheet Area ID Number 1 1 1 2 3 3 Area/Subdivision: Fox Hill-Unit 1 Fox Hill-Units 2, 34 6 Fox Hill-Unit 4 Kennedy Road YBC-Unit 1 YBC- Units 2&3 Totals Total Pavement Area (SY): 21364 14660 14852 0 6904 0 57780 Total Centerline Distance of Streets(FT): 6742 4757 4837 1400 1726 2224 21686 0 Average crackfill weight per SY of pvmt(LB): 0.15 0.2 0 0.3 0.3 0.3 1 Average length of crack per pound of crackfill(FT): 2.7 2.7 2.7 2.7 2.7 2.7 16 , 0 Total length crack routing (FT): 22136 17430 9674 2800 9044 4448 65533 0 Crackfill quantity-random cracks(LBS): 3205 2932 0 0 2071 0 8208 Crackfill quantity- EOP sealing(LBS): 4994 3524 3583 1037 1279 1647 16064 Total crackfill quantity(LBS): 8199 6456 3583 1037 3350 1647 24272 County Kendall Illinois DepartmentMunicipality/Road District City of Yorkville of Transportation Section 04-00000-01-GM (Construction) Estimate of Cost Location and brief description (Sta. and land description of beginning; Sta. only for end for county and road districts; street limits for municipality.) Routing, cleaning, and sealing of random and construction joints on the following streets: John St, Sycamore Rd, Chestnut Ln, Sequoia Cir, Chestnut Ct, Aspen Ln, White Pine Ct, Diehl Farm Rd, Cottonwood Tr, Stoneridge Ct, Stoneridge Cir, Cottonwood Ct, Cypress Ln, Evergreen Ln, Willow Way, Kennedy Rd, Wheaton Ave, Commercial Dr. Total Project Length N/A Net Length N/A Bridge or Culvert Surface Type N/A Shoulder Type j N/A Length N/A Width N/A Width N/A Width N/A Item Items Unit Quantity Unit Price Total Cost Number CARRIED FORWARD 1 Crack Filling LB j 24,272 1.05 525.485.60 I L I • I I ❑ Page Total ❑ Total Estimated Cost 525.485.60 Made by Joe Wywrot, City of Yorkville Date 04/23/2004 Checked by Date BLR 5730(Rev. 7/01) Page of V) Illinois Department Resolution for Maintenance of Streets and Highways by Municipality of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the City Council of the (Council or President and Board of Trustees) United City of Yorkville , Illinois, that there is hereby (City,Town or Village) (Name) appropriated the sum of $26,500.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2004 to December 31, 2004 BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa , Illinois. I, Jacquelyn Milschewski Clerk in and for the United City (City,Town or Village) of Yorkville , County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council at a meeting on May 11, 2004 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City Clerk (City,Town or Village) APPROVED Date Department of Transportation District Engineer BLR 4123(Rev.6/2000) UNITED CITY OGSORO LI=E MEMO �Oo 00 GAVE FARM Ing, COMO Mans 630=353-95290 FMK 630-553-0204 ��eo, levim#,/ 9476ockfich5 entbievezaw,,,,e&uici4pt(1),Tj Tony Graff DATE: Tuesday, March 30, 2004 Bristol Ridge Rd. Bid Opening The bid opening for the Bristol Ridge Rd. Reconstruction was this morning. Below are the results: • Abbey Paving Co: $1,816,159.34 H.W. Kuhn: S1,593,140.88 D Construction: $1,561,928.40 Aurora Blacktop: S1,435,017.08 *Low Bidder* Engineer's Estimate: S1,777,695.10. EEI will be completing the bid tabulation form, reviewing the bids, and making a formal recommendation. o Pub A • . 4- 2, COW 5-4, and City Council 5-11. • 162,14j; r7. -• ,// a.))'10/Qt( 1974 2004 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 - FAX: 630 / 466-9380 E gaiceeering www.eeiweb.com Enterprises, tree. 30 YEARS OF F: EXCELLENCE "' April 2, 2004 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Ridge Road Reconstruction United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened and tabulated for work to be done on the above referenced project at 11:00 a.m., March 30, 2004 in the Engineering Conference Room at City Hall. Representatives of the United City of Yorkville, contractors bidding the project and our firm were in attendance. A tabulation of the bids is attached for your information and record. We recommend acceptance of the bid and approval of award be made to the low bidder, Aurora Blacktop, Inc., 1065 Sard Avenue, Montgomery, Illinois, 60538, in the amount of$1,435,017.09. Respectfully submitted, ENGINEERING ENTERPRISES, INC. C John T. Whitehouse, P.E., P.L.S. Senior Project Manager JTW/dmg , w/attachment , pc: Mr. Art Prochaska, Jr., Mayor /J ",,/ Mr. Joe Besco, Alderman !� 2:7/) Y Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Traci Pleckham, Finance Director 0 / Mr. Jerome Leifheit, Aurora Blacktop, Inc. T 5( G:\PUBLIC\Yorkville\2003\Y00326 Grande Reserve Perimeter Roads\Doc\Icofyo0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying BID TABULATION BRISTOL RIDGE ROAD RECONSTRUCTION UNITED CITY OF YORKVILLE BID TABULATION AURORA BLACKTOP,INC. H.W.KUHN,INC. K-FIVE CONSTRUCTION CORP. OSWEGO EXCAVATING,LLC ALLIANCE CONTRACTORS,INC. BIDS RECD 3/30/04 1065 Sard Avenue 20W651 North Avenue 13769 Main Street 328 E.Washington Street 1166 Lake Avenue Montgomery,IL 60538 West Chicago,IL 60185 Lemont,IL 60439 Oswego,IL 60543 Woodstock,IL 60098 TOTAL FOR CONSTRUCTION COSTS $1,435,017.09 $1,593,140.87 NO BID NO BID NO BID BID TABULATION UTILITY DYNAMICS THORNE ELECTRIC,INC. MEADE ELECTRIC CO.,INC. VIRGIL COOK&SON,INC. "D"CONSTRUCTION BIDS RECO 3/30/04 23 Commerce Drive P.O.Box 321 9550 W.55th St.,Ste.A 119 N.Eighth Street 1488 S.Broadway Street Oswego,IL 60543 Wheaton,IL 60189 McCook,IL 60525 DeKalb,IL 60115 Coal City,IL 60416 TOTAL FOR CONSTRUCTION COSTS NO BID NO BID NO BID NO BID $1,561,928.39 BID TABULATION THOM GRAVEL&EXC.,INC. ABBEY PAVING CO.,INC. ENGINEER'S ESTIMATE BIDS RECD 3/30/04 710 Morton Ave.,Ste.S 2319 Diehl Road 52 Wheeler Road Aurora,IL 60506 Aurora,IL 60504 Sugar Grove,IL 60554 TOTAL FOR CONSTRUCTION COSTS NO BID $1,816,159.34 $1,777,695.10 G:\PUBLIC\Yorkville\20031Y00326 Grande Reserve Perimeter Roads\Eng4bidsum0l.x1s1Sheeti METER REPAIRS PENDING DATE ACCT# NAME ADDRESS PROBLEM STATUS NEED RR INSTALLED -CANNOT ALWAYS 8/4/2003 306030 201 W CENTER GET IN - ESTIMATING BILLS 8/ 6/2003 106040-02 201 W MADISON NEED RR-CANNOT GET IN NEED RR-HARD TO ACCESS FOR METER 8/ 5/2003 518020 110 NADEN READER 504 COUNTRYSIDE METER STUCK AT 195700 LAST SEVERAL 1/6/2003 503140 CENTER BILLINGS 12/12/2003 106130 406 W MADISON SAME READ 1413 SINCE AUGUST 03 2/9/2004 311020 1005 SUNSET METER INACCESSIBLE 2/10/2004 201200 208 S BRIDGE ST SAME READ 1000 4/03 2/10/2004 205212 901 MILL ST 2ND METER SAME RD 10763 SINCE 8/03 4/8/2004 314090 211 GEORGANNA SAME READ 3222 LAST 4 READS REPAIRED 2/10/2004 111150 1002 ADRIAN METER STUCK AT 74400 METER REPLACED 1/9/2003 509030 105 CENTER PKWY STUCK METER AT 13700 METER REPLACED 3/19/2004 505170 202 E KENDALL OSR DIFFERENT THAN INSIDE METER METER REPLACED DID NOT PICK UP CERTIFIED 2/12/2002 108060 208 W RIDGE#1 STUCK AT 2938 LETTER DID NOT PICK UP CERTIFIED 2/12/2002 108161 208 W RIDGE#2 STUCK AT 1322 LETTER 9/3/2003 210170-02 311 E FOX ST METER NEEDS NEW FACE-WORN OFF METER REPLACED 1 iik CITY OF YORKVILLE 411) _.1 1„,.. '" 1 '' WATER DEPARTMENTEPARTMENT REPORT /i,_. -iii: MONTH FEBRUARY 2004 WELLS , WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) ( FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 457 184 10,749 4 1393 449 162 15, 131 TOTAL 25,880 CURRENT MONTH'S PUMPAGE IS 1,022,000 GALLONS ❑ MORE THAN LAST MONTH TI LESS 4,911,000 GALLONS 11 MORE THAN THIS MONTH LAST YEAR ❑ LESS • DAILY AVERAGE PUMPED: 892,000 GALLONS DAILY MAXIMUM PUMPED: 1,128,000 GALLONS DAILY AVERAGE PER CAPITA USE: 104 GALLONS WATER TREATMENT CHLORINE FED: 402 LBS. CALCULATED CONCENTRATION: 1.9 MG/L FLUORIDE FED: 360 LBS. CALCULATED CONCENTRATION: 0.30 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN - FLUORIDE : 2 SAMPLE(S) TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE NUMBER OF METERS REPLACED : 5 NUMBER OF LEAKS OR BREAKS REPAIRED: 1111NEW CUSTOMERS RESIDENTIAL 27 COMMERCIAL 5 INDUSTRIAL/GOVERNMENTAL COMMENTS 2 WATER MAIN BREAKS ROUTE 47 IN FRONT OF PRIDE PANTRY & AT E KENDALL & MULHERN COURT APPROX 120,000 GALLONS LOST FIRST PHASE OF RAINTREE ON LINE i 1974- 2004•. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 a . - FAX: 630 / 466-9380 e Engineering www,eeiweb.corn Enterprises,. Inc.. '30 YE'ARS`OF-` EXCELLENCE _ April 26, 2004 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract A.2— Route 47 Water Main United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened and tabulated for work to be done on the above referenced project at 10:00 a.m., April 23, 2004. Representatives of the City, contractors bidding the project, and our firm were in attendance. There were numerous errors in the bids, however, this did not change the outcome. A tabulation of the bids is attached for your information and record. We recommend the acceptance of the bid and approval of award to be made to the low bidder Neslund & Associates, Inc., 115 S. River Street (Rt. 25), North Aurora, IL 60542 in the amount of $737,021.15. Respectfully submitted, ENGINEERING ENTERPRISES. INC. , Bradley P. Sanderson, P.E. Senior Project Manager BPS/dmg pc: Mr. Art Prochaska, Jr., Mayor Mr. Joe Besco, Chairman of Public Works Committee Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Traci Pleckham, Finance Director Mr. Fred Neslund, Neslund & Associates, Inc. G:\PUBLIC\Yorkville\2001\Y00106 Contract A.2-Route 47 Watermain\Doc\Icofyo0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying Page 1 of 1 • BID TABULATION CONTRACT A.2-ROUTE 47 WATER MAIN --- UNITED CITY OF YORKVILLE _ KENDALL COUNTY,ILLINOIS NESLUND&ASSOCIATES,INC. DEMPSEY ING.,INC. DENNIS W.DWYER,INC. R.A.UBERT CONSTRUCTION MERRYMAN EXCAVATION VIAN CONSTRUCTION CO.,INC. SWALLOW CONSTRUCTION CORP. ENGINEER'S ESTIMATE CONTRACT A.2-ROUTE 47 WATER MAIN BID TABULATION 115 S.River Street(RL 25) P.G.Box 127 24W315 P,noak Lane P .Box 160 1501 Lamb Road 1041 Martha Street 4250 Lacey Road 52 Wheeler Road UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS RECD 4/23/04 North Aurora,IL 60542 Elburn,IL 60119 Naperville,IL 60540 Yorkville,IL 60560 Woodstock,IL 60098 Elk Grove Village.IL 60007 Downers Grove,IL 60510 Sugar Grove,IL 60554 ITEM UNIT UNIT UNIT ,I UNIT UNIT UNIT UNIT UNIT NO DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE I AMOUNT PRICE AMOUNT 1 TOPSOIL STRIPPING.STOCKPILING,AND REPLACEMENT LSUM 1 $ 17,539.00 $ 17,539.00 $ 20,000.00 5 20.000.00 $ 20,000.00 5 20,000.00 5 10.000.00 $ 10.000.00 I S 40..000.00 $ 40,000 00 5 33,000.00 5 33,000 00 5 150.000.00 Z. 150.000.00 5 25.000 00 5 25,000.00 2 TREE ROOT PRUNING(1"-10"DIA.) EACH 15 50.25 753,75, 36.00 540 1.00 50.00 750.00 100.00 1.500.00 50.00 750.00 I 100.00 1,500.00 I 40.00 600.000 50.00 750.00 I !TREE ROOT PRUNING(10"0IA) EACH 5 139.60 698.00, 46.00 230.00 60.00 300.00 150.00 750.D0 I 100.00 500.00 100.00 500.00 . 50.00 250.00 75.00 375.00 4 'TREE REMOVAL.OVER 15-INCH INCH-DIA. 138 22.35 I 3,084.30 19.20 2,645.60 20.00 2,760.00 I 17.00 234600 . 40.00 5.520.00 20.00 2,760.00 20.00 , 2.760.00 5.00 690.00 E. 'CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 20 1 55.85 1,117.00 40.00 800.00 35 DOI 700.00 20.00 400.00 50.D0 1,000.00 45.00 900.00 32.00 640.00 25.001 500 00 6 STABILIZED CONSTRUCTION ENTRANCE EACH 4 3,350.00 13,400.00 1,000.00 4,000.00 1,500.00 6,000.00 I 1,500.00 6,000.00 ' 1,100.00 4,400.00` 2100.00 8.400.00 2,500.00 10000.00 500.001 2000.00 7 TRENCH BACKFILL CU.YD. 195 23.35 4,553.25 20.00 3,900.00 30.00 5.850.00 20.00 3 900.00 21.00 4.095 00 29.00 I 5.655,00 28.00 5,460 00 20.00_ 3.900.00 8 CONNECTION TO EXISTING 16-INCH WATERMAIN EACH 1 1,430.00 1,430.00 1,000.00 1,000.00 600.00 ; 600.00 1,500.00_ 1.500 00 1,500.00 1.500.00 1,600.00 1. 1.600 00 1 2,000.00 2.000.00 I- 2 000.00 2.000.00 9 WATERMAIN,16-INCH D.I.P.,CLASS 52 FOOT 12200 31.70 386,740.00 39.30 479,460.00 40.00 488,000.00 46.00 561,200.00 43.00 524600.00 53.25 649,650 DO 54.00 658,800.00 40.001 488,000.00 •I 10 BUTTERFLY VALVE AND VALVE VAULT.16"(RESILIENT SEAT)IN 60"VAULT EACH 26 2,725.00 70,850.00 2.800.00 72,800.00 3,200.00 83,200.00 4,000.00 104,000.00 3,200 00 83,200.00 3,200.00{ 83,200.00 3900.00 101 400.00 4.000.00 104.000.00 11 PRESSURE CONNECTION VV/TAPPING SLEEVE&16"TAPPING VALVE IN 60"VAULT EACH 1 9,495.00 9,495.00 I 5.700.00 9.700 00 12.000 00 I 12.000.00 16,500.00 16.500.00 11.500 OG 11,500.00 8,900.00I 8.900.00 9 700.00 5700.00 5 000 00 5.000.00 12 FIRE HYDRANT ASSEMBLY,6-INCH MJ EACH 16 2,005,00 32,080.00 1,800.00 28.800.00 1,950.00 31.200.00 2.400.00 38.400 00 2,250.00 36.000.00 2.400.0C' 38,400.00 3.000.00_ 48,000.00 2.500.00 40.000.00 13 DUCTILE IRON FITTINGS POUND 5509 2,85 27,100.65 4.00 38.036.00 4.00 I 38 6 7 .0300 3.00 28,5200 4.00 38.036.00 3.80 36,134.20 3,00 20.527.00 3.501 33,281.50 14 REMOVE&RELOCATE EXISTING 12"VALVE AND VAULT EACH 1 2,155.00 2,155.00 1.500 00 1.500.00 1,000.00 ' 1,000.00 2.500.00 2.500.00 3.000.00 3,000.00 3,100 00 3,100.00 3,200.DC2.,200.00 5.000.00 5.000.00 ) 15 LINE STOP,12" EACH I 1 6,015.00 6,015.00 5,690.00 5,690.00 500.00 500.00 7,800 00 7.800.00 6,900 00 6,900 00 4,800.00 4,800 00 5.000.00 I 5,000.00 5,000 00 5,000.00 16 WATERMAIN PROTECTION,PVC 0-900,24" FOOT 46 j 74.70 3,436.20 50.00 2,300.00 65 00 2,990.00 ( 30.00 1,380.00 76.00 3,496.00 1 102.00 4,692.00 , 50,00 2,300.00 1 50.00 2,300.00 17 WATERMAIN REMOVAL FOOT 55 11.30 621.50 15.00 825.00 10.00 ; 550.00 10 00 550.00 16.00 880.00 12.00 660.00 _ 12.00 660.00 I 25 00 1.375 00 18 BORE&JACK 30"STEEL CASING PIPE 0.376-INCH WALL THICKNESS FOOT 260 274.00 71,240.00 272.00 70720.00 300.00' 78.000.00 280 00 72,800 00 269.00 69 940 OG 340.00 85.400.00 230.00 59,800.00 200 00 52,000.00 19 FOUNDATION MATERIAL CU YD. 500 25.40 12,700.00 15.00 7.50000 25 00 : 12.500.00 20.00 10,000.00 23.00 J 11,500.00 15.00 7.500.00 36.00 18,000.00 20.00 10,000.00 20 WATERMAIN TESTING-PRESSURE&DISINFECTION LSUM 1 6,190.00 6,190.00 2,000.O0 2,000.00 6500 0D_ 6,500.00 2.500.00 2,500.00 8,500.00 8,500.00 2500.00 2,500.00 3,000.00 3,000.00 5,000.00 5,000.00 I 21 FIELD TILE REMOVAL&REPLACEMENT,4" FOOT 100 15.25 1,525.00 9.00 900.00 5.00_' 500.00 10.00 1,000.00 18.00 1,800.00 15.00 f 1,500.00 9.00 900.00 20.00 2,000.00 22 FIELD TILE REMOVAL&REPLACEMENT,6" FOOT 100 20.30 2,030.00 10.00 1.000.00 6.00 600.00 1500 1,500.00 20.00 2,000.00 16.00. 1,600.00 1.000.00 100.000.D0 22.00 2,200 00 23 FIELD TILE REMOVAL&REPLACEMENT,10" FOOT 100 25.35 2,535.00 10.00 1,000.00 7.00 700.00 20.00 2,000.00 25.00 2,50400 17.00 1,700.00 1.100.00 110.000.00 24.00 2,400.00 24 PAVEMENT REPLACEMENT SQ.YD. 90 67.00 6,030.00 1 79.00 7,110.00 40.00 3,600.00 1 35.00 3.150 00 40.00 2.600.00 35.00' 3.150.00 36.00 3.240.00 50.00 4.500.00 25 SIDEWALK REMOVAL&REPLACEMENT SQ.FT. 75 12.30 922.50 8.00 600.00 6.00 , 450.00 5.00 375.00 33.00 2,475.00 7.00 525.00 700 525.00 6.00 450.00 26 TRAFFIC CONTROL LSUM 1 2,030.00 2,030.00 2,000.00 2,000 00 1.000.00 1.000.00 1,000.00 1,000.00 6,800.00 6,800.00 3,800.00 3.800.00 5,000.00 5,000.00 10,000.00, 10.000.00 27 RESTORATIONLSUM 1 50,750.00 50,750.00 4.000.00 4,000.00 10,000.00 , 10,000.00 5.000.00 5.000.00 25,506.00 25,508.00 20.000.0C 20 000.00 30,000.00 30.000.00 20,000.00 20,000.00 ,TOTAL FOR CONSTRUCTION COSTS I I $ 737,021.15 $ 769,060.60 S 808,286.00 $ 886,578.00 $ 900,000.00 , 5 1,014.526.20 $ 1,359,762.00 $ 827,721.50 -10.9578342% -7.0870335% -2.3480724% 7 1106646% 8.7322245% 225685451% 64.27 77190% %*1-ESTIMATE G:\PUB LI C\Yorkvillel2001\Y00106 Contract Al-Route 47 Wafermam\Eng4bid1ab0l x1stSbeell 04/24/2004 10 45 FAX 630 553 5764 DANIEL J. KRAMER a002/010 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING ORDINANCE NO. 1999-12 AND AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE OFFICICALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1-1 ET. SEQ.) WHEREAS,the Illinois General Assembly has enacted the State Officials and Employees Ethics Act 5 ILCS 430/1-1 et.seq. (hereinafter referred to as"Act"), which is a comprehensive revision of State statutes regulating ethical conduct, political activities and the solicitation and acceptance of gifts by state officials and employees; and WHEREAS, the Act requires all units of local government and school districts to adopt ordinances or resolutions regulating the political activities of, and the solicitation and acceptance of gifts by, the officers and employees of such units "in a manner no less restrictive"than the provisions of the Act on or before May 19, 2004; and WHEREAS, it is the clear intention of the Act to require units of local government and school districts to implement regulations that are at least as restrictive as those contained in the Act, and to impose penalties for violations of those regulations that are equivalent to those imposed by the Act, notwithstanding that such penalties may exceed the general authority granted to units of, local government to penalize ordinance violations; and WHEREAS, it is the clear intention of the act to provide units of local government with all authority necessary to implement its requirements on the local level regardless of any general limitations on the power to define and punish ordinance violations that might otherwise be applicable; and WHEREAS, because the Act provides for the imposition of significant penalties for violations of said local regulations, it is necessary to adopt the required regulations by Ordinance rather than by Resolution; NOW, THEREFORE, BE IT ORDANINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS: Section 1: The Code of Ordinances of The United City of Yorkville is hereby amended by the addition of the following provisions: 04/24/2004 10:45 FAX 630 553 5764 DANIEL J. KRAMER 1003/010 ARTICLE 1 DEFINITIONS Section 1-1. For purposes of this ordinance,the following terms shall be given these definitions: "Campaign for elective office"means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection,nomination, or election of Presidential or Vice-Presidential electors,but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii)relating to collective bargaining, or(iii) that are otherwise in furtherance of the person's official duties. "Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office,or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the election Code(10 ILCS 5/1-3). "Compensated time"means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment,but for purposes of this Ordinance, does not include any designated holidays, vacation periods,personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers of employees whose hours are not fixed, "compensated time"includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. "Compensatory time off'means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. "Contribution"has the same meaning as that term is defined in section 901,4 of the Election code(10 ILCS 5/9-1,4). "Employee"means a person employed by The United City of Yorkville, whether on a fulltime or part-time bases or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. "Employer"means The United City of Yorkville, "Gift"means any gratuity, discount, entertainment,hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not 04/24/2004 10.45 FAX 830 553 5784 DANIEL J. KRAMER fJ004/010 limited to, cash,food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. "Leave of absence"means any period during which an employee does not receive(i)compensation for employment,(ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer. "Officer" means a person who holds,by election or appointment, an office created by statute or ordinance,regardless of whether the officer is compensated for service in his or her official capacity. "Political activity"means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i)relating to the support or opposition of any executive, legislative, or administrative action, (ii)relating to collective bargaining, or(iii) that are otherwise in furtherance of the person's official duties. "Political organization"means a party, committee, association, fund, or other organization(whether or not incorporated) that is required to file a statement of organization with the state Board of Elections or a county clerk under section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the state Board of Elections or a county clerk. "Prohibited political activity" means: (1) Preparing for, organizing,or participating in any political meeting,political rally,political demonstration, or other political event. (2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. (3) Soliciting,planning the solicitation of, or preparing any document or report regarding anything of value intended as campaign contribution, (4) Planning,conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote 04/24/2004 10:45 FAX 630 553 5764 DANIEL J. KRAMER a 005/010 outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (6) Assisting at the polls on Election Day on behalf of any political organization or candidate for elective office or for or against any referendum question. (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. (8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum questions. (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign or elective office. (10) Preparing or reviewing responses to candidate questionnaires. (11) Distributing,preparing for distribution, or mailing campaign literature,campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum questions. (12) Campaigning for any elective office or for or against any referendum questions. (13) Managing or working on a campaign for elective office or for or against any referendum question. (14) Serving as a delegate, alternate, or proxy to a political party convention. (15) Participating in any recount or challenge to the outcome of any election. "Prohibited source"means any person or entity who: 04/24/2004 10: 45 FAX 630 553 5764 DANIEL J. KRAMER J006/010 (1) is seeking official action(i)by an officer or(ii)by an employee,or by the officer or another employee directing that employee; (2) does business or seeks to do business (i)with the officer or(ii)with an employee, or with the officer or another employee directing that employee; (3) conducts activities regulated (i) by the officer or (ii) by an employee,or by the officer or another employee directing that employee; or (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. ARTICLE 2 PROHIBITED POLITICAL ACTIVITIES Section 2-1. Prohibited political activities. (a)No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the United City of Yorkville in connection with any prohibited political activity. (b)At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity(i) as part of that officer or employee's duties,(ii) as a condition of employment,or(iii) during any compensated time off(such as holidays, vacation or personal time off), (c)No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit,whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise,nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. (d)Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or here official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Ordinance. (e)No person either(i)in a position that is subject to recognized merit principles of public employment or(ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs,shall be denied or deprived 04/24/2004 10.45 FAX 830 553 5764 DANIEL J. KRAMER 007/010 of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. ARTICLE 3 GIFT BAN Section 3-1. Gift ban. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as"recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein,or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section. Section 3-2. Exceptions. Section 3-1 is not applicable to the following: (1) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee, or his or her spouse or immediate family member,pays the fair market value. (3) Any(i) contribution that is lawfully made under the Election Code or(ii) activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. (5) Travel expenses for a meeting to discuss business. (6) A gift from a relative,meaning those people related to the individual as father, mother, son, daughter, brother, sister,uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter,father-in-law,mother-in-law, son- in-law, daughter-in-law, brother-in-law,sister-in-law, stepfather, stepmother,stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's fiance or fiancee. (7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. 04/24/2004 10:48 FAX 830 553 5764 DANIEL J. KRAMER Vh008/010 In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the if and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. (8) Food or refreshments not exceeding$75 per person in value on a single calendar day; provided that the food or refreshments are(i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered"means food or refreshments that are purchased ready to consume which are delivered by any means. (9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (10) Intra-governmental and inter-governmental gifts, For the purpose of this Act, "intra-governmental gift"means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (11) Bequests, inheritances, and other transfers at death. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than$100. Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Section 3-3. Disposition of gifts. An officer or employee, his or her spouse or any immediate family member living with the officer or employee, does not violate this 04/24/2004 10: 46 FAX 630 553 5764 DANIEL J. KRAMER 1009/010 Ordinance if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c) (3)of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. Section 4. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 6. EFFECTIVE DATE: This ordinance shall be in effect upon its passage and approval by the United City of Yorkville Mayor and City Council. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this_ day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK This Document Prepared by; Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 Revised: 4/29/04 UNITED CITY OF YORKVILLE POLLUTION CONTROL FACILITY SITING ORDINANCE Section 1. DEFINITIONS Whenever the following terms are used in this Chapter, they shall have the meanings respectively ascribed to them as hereinafter provided: ACT: "The Environmental Protection Act," 415 Illinois Compiled Statutes 5/1 et seq. APPLICANT: Any person, partnership, firm, association, corporation, Municipal corporation or unit of local government, company or organization of any kind that files a request for siting approval pursuant to this Chapter. CITY: United City of Yorkville, Kendall County, Illinois. CITY CLERK: The United City of Yorkville City Clerk. CITY COUNCIL: The United City of Yorkville City Council. FACILITY: A new pollution control facility as defined in the Act. PETITION: The application filed by the applicant requesting siting approval for a facility. In addition, all other words used in this Chapter and defined in the Act shall have the same definitions and meanings as set forth in the Act. Section 2. NOTICE OF REQUEST FOR SITING APPROVAL A. No later than 14 days before the date on which the City Clerk receives a request for siting approval, the applicant shall cause written notice of such request to be served either in person or by registered mail, return receipt requested, on the owners of all property within the subject area not solely owned by the applicant, and on the owners of all property within 500 feet in each direction of the lot line of the subject property, said owners being such persons or entities which appear from the authentic tax records of Kendall County; provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 500 feet requirement; provided further that in no event shall this requirement exceed 750 feet, including public streets, alleys and other public ways. B. Such written notice shall also be served upon members of the Illinois General Assembly from the legislative district in which the proposed facility is located and shall be published in a newspaper of general circulation. C. Such notice shall state the name and address of the applicant, the location of the proposed site, the nature and size of the development, the nature of the activity proposed, the probable life of the proposed activity, the date 1 when the request for site approval will be submitted, and a description of the right of persons to comment on such request as hereafter provided. Section 3. APPLICATION FOR SITING APPROVAL A. A minimum of twenty (20) complete copies of requests for siting approval, including twenty (20) copies of all site plans, exhibits and maps, shall be delivered to the office of the City Clerk. Upon receipt of any such request for siting approval, the City Clerk shall date stamp same and immediately deliver one (1) copy of the request for siting approval to the Mayor and each City Council member, one (1) copy to the City Administrator, one(1) copy to the Director of Public Works, one(1) copy to the City Engineer, one (1) copy to the Zoning Officer, one (1) copy to the Chief of Police, one (1) copy to the City Planner and one (1) copy to the office of the City Attorney. B. A copy of the request for siting approval shall be made available for public inspection in the office of the City Clerk, and members of the public shall be allowed to obtain a copy of the request for siting approval or any part thereof upon payment of the actual cost of reproduction. All copying requests shall be fulfilled by the City Clerk within a reasonable time from the time of the request and otherwise in conformance with the Freedom of Information Act. C. Requests for siting approval shall include the following: 1. A written petition on eight and one-half inches by eleven inches (8 1/2" x 11") paper which sets forth: a. The identification of the applicant and owner and, if the proposed site is owned in a trust, the beneficiary(ies); b. The legal description of the proposed site and a street address or some other reasonable description of where the proposed site is located; c. A description of the proposed facility, its operation and the expected longevity thereof, d. The area to be served by the proposed facility and a statement of the needs in such area for such a facility; e. The expected types, amounts and methods of treatment or storage of all wastes proposed for the site and the origins of these wastes; f. The monitoring plans, including background analyses for ground water, surface water and air; g. The plans for closure of the site and continued monitoring thereafter; h. Reasons supporting approval of the request; and i. A prayer for siting approval. 2 2. The request for a permit made to the Illinois Environmental Protection Agency, if any such request has been made. 3. A site plan showing details of the proposed facility including, but not limited to: a. Cross-sections; b. All existing wells within five hundred feet (500') of the site; c. All monitoring wells; d. Fences, buildings and other structures; e. Roads, entrances and driveways; and f. Core sample locations on and within two hundred feet (200') of the site. 4. A detailed topographic survey of the subject site and the surrounding area within one thousand feet (1,000') which indicates land use, topographical variations in two (2) foot intervals and, if applicable, the boundary of the 100-year flood plain. 5. A statement of the plan of operation for the proposed facility including, but not limited to, the following: a. Method of landfilling, incineration, composting, resource recovery or other process; b. Hours of operation; c. Personnel and their training; d. Litter, vector, dust and odor control; e. Surface drainage and erosion control; f. Fire control; and g. Corrective actions for spills and other operational accidents. 6. A statement or report of traffic impact regarding the proposed site, including, but not limited to, the anticipated number of vehicles and their size, weight and direction of movement. 7. All studies, maps, reports, permits or exhibits which the applicant desires the City to consider at the public hearing, including all documents submitted to the Illinois Environmental Protection Agency pertaining to the proposed facility. 8. Certificates of insurance, from companies having a Best rating of A VI or better, verifying the insurance policies carried by the applicant to cover accidents such as fires, explosions, nonsudden accidental occurrences and pollution impairment. 3 9. If the site is a proposed hazardous waste facility, a copy of the Resource Conservation and Recovery Act Contingency Plan. 10. A statement describing the past operating experience of the applicant (and any subsidiary, parent corporation or subsidiary of the parent corporation) in the field of solid or hazardous waste management. 11. A statement citing the past record of actual or alleged violations of the applicant (and any subsidiary, parent corporation or subsidiary of the parent corporation) with environmental laws and regulations governing solid or hazardous management operations or activities. Said statement shall include, but not be limited to, a citation of the applicable statute or ordinance violated or alleged to be violated and a brief written summary of the activities or operations giving rise to the actual or alleged violations and the ultimate outcome of the matter, including whether any fines or penalties were imposed. 12. Proof of notice given by an applicant pursuant to section 5/39.2(b) of the Act. 13. The application fee for a request for siting approval is as follows: a. A one hundred thousand dollar($100,000.00) application fee in the form of a certified or cashier's check to cover notice costs, court reporter costs, transcription costs, City legal and consultant costs, and other expenses incurred by the City in conducting the review of the request for siting approval, the subsequent public hearing and the siting approval decision; provided, however, that any portion of the application fee that remains unexpended at the conclusion of the siting approval decision shall be returned to the applicant. b. In the event that, at any time prior to the conclusion of the siting approval decision, the City has expended such sums as to reduce the balance of the application fee to a figure less than twenty-five thousand dollars ($25,000.00), the applicant will be notified in writing. The applicant would then have fourteen (14) days to deposit with the City Clerk, an additional fifty thousand dollars ($50,000.00) in the form of a certified or cashier's check, unless the City Administrator determines, in his sole discretion, that funds in excess of the required amount are necessary based on the status of the siting approval process. In no event shall any demand for additional fees exceed one hundred thousand ($100,000.00) per each additional funding request. Any portion of the fees, including any additional fees that remain unexpended at the conclusion of the siting approval decision, shall be returned to the applicant. 14. The pages of the application and all exhibits submitted to the City shall be consecutively numbered. 4 D. An application for siting approval may not be filed which is substantially the same as a request which was disapproved pursuant to a finding against an applicant under any of the criteria of subsection 9B of this Chapter within the preceding two (2) years. E. No application for siting approval shall be deemed to have been filed or accepted for filing unless all of the requirements of this Chapter applicable thereto shall have been met, and the City Clerk shall not give a receipt or other indication of filing until such time as it is determined by the office of the City Administrator that the application complies with the requirements of this Chapter, specifically, subsection C of this Section. Within twenty one (21) days after delivery of an application, the City Clerk shall advise the applicant either: 1. That the application is complete and that it has been accepted for filing, designating the date of filing; or 2. That the application is not complete, specifying wherein it is deficient. The acceptance of the application by the City Clerk is a pro forma acceptance. The applicant is solely responsible for providing sufficient technical information to meet its burden of proving the criteria cited in section 5/39.2(a) of the Act, as may be amended from time to time. The City Clerk shall cause to have published no later than thirty (30) days after the date of filing of the application a black border notice stating that such application and supporting evidence are available in the City Clerk's office for public inspection. F. In order to give members of the public an opportunity to make informed written comment pursuant to section 5/39.2(c) of the Act and to give members of the public and departments of the City an opportunity to prepare adequately and fairly for the public hearing hereinafter described, the applicant must fully comply with all application requirements as set forth in subsection C hereof. Failure to submit any required information with the application shall render such required information inadmissible at said public hearing. G. At any time prior to the completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross-examination by the City Council and any participants, the applicant may file not more than one amended application upon payment of additional fees in the sum of twenty-five thousand dollars ($25,000.00)unless the City Administrator determines, in his sole discretion, that funds in excess of the required amount are necessary based on the substance of the amended application; provided, however, that the time limitations for final action by the City Council shall be extended for an additional period of ninety (90) days. 5 H. Other amendments may be made if, in the opinion of the City Council, any such proposed amendment is nonsubstantive and a majority of the City Council allows such amendments. Section 4. REVIEW OF APPLICATION A. Upon receipt of a copy of a request for siting approval, the City Administrator shall notify the following of such receipt: 1. Mayor; 2. City Attorney; 3. City Council; 4. City Planner; 5. Economic Development Committee Chairman; 6. Plan Commission; 7. Finance Director; 8. City Engineer; 9. Building& Zoning Department; and 10. All relevant City consultants and Department Heads. B. The office of the City Administrator shall be the Department responsible for coordinating review of the request for siting approval by those mentioned above and is authorized to call meetings and set deadlines for the submittal of reports and recommendations. C. Those mentioned above are authorized to prepare and submit reports and recommendations in response to the request for siting approval. Preliminary or other reports, studies, exhibits and any written comments concerning the appropriateness of the proposed siting request that the City departments and consultants desire to submit for the record at the public hearing shall be filed with the City Clerk no later than ten(10) days in advance of the date set for public hearing. In the event that the tenth day prior to the date set for public hearing falls on a Saturday, Sunday or holiday, the next working day shall be considered the day that such information shall be filed. Copies of such information shall be available for public inspection in the office of the City Clerk. Members of the public shall be allowed to obtain copies of such information upon payment of the actual costs of reproduction. 6 D. Those mentioned above may attend the public hearing and may ask such questions as needed to assist in reaching their recommendations. E. The City departments and consultants retained by the City are authorized to present testimony at the public hearing as hereinafter described. Section 5. INFORMATION FROM OTHER PARTIES All reports, studies, exhibits or other evidence or copies thereof, other than testimony, which any person, other than the applicant, desires to submit for the record at the public hearing must be filed with the City Clerk at least ten (10) days before the public hearing. In the event that the tenth day prior to the date set for public hearing falls on a Saturday, Sunday or holiday, the next working day shall be considered the day that such information must be filed. Copies of such information shall be available for public inspection in the office of the City Clerk. Members of the public shall be allowed to obtain copies of such information upon payment of the actual costs of reproduction. Section 6. PUBLIC HEARING A. When Held: 1. No sooner than ninety(90) days but no later than one hundred twenty (120) days from the date of filing of the request for siting approval with the City Clerk, a public hearing shall be held by the City Council. 2. Within thirty(30) working days of the date a request for siting approval is accepted for filing, the City Council shall determine the date, time and location of said public hearing, but in any event, the public hearing must be scheduled to commence no sooner than ninety (90) days but no later than one hundred twenty (120) days from the date the request for siting approval was accepted for filing by the City Clerk. B. Notice of Hearing: The City Council shall notify the City Clerk of the date upon which such hearing shall be held and shall request the City Clerk to cause notice of such hearing to be made as follows: 1. Publish two (2) legal notices in a newspaper of general circulation published in the County of the proposed facility. One such notice shall be published no later than sixty (60) days from the date of filing of an application, and one such notice shall be published no later than seventy five (75) days from the date of filing of an application. Such notices shall consist of the following: a. The name and address of the applicant; b. The owners of the site and, in case ownership is in a land trust, the names of the beneficiaries of said trust; c. The legal description of the site; 7 d. The street address of the property and, if there is no street address applicable to the property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to residents of the neighborhood; e. The nature and size of the proposed development; f. The nature of the activity proposed; g. The probable life of the proposed activity; h. The time and date of the public hearing; i. The location of the public hearing; and J. A statement that all copies of evidence other than oral testimony to be submitted at the public hearing must be filed with the City Clerk at least ten(10) days before the public hearing. 2. Certified mail to all members of the Illinois General Assembly from the district in which the proposed site is located. 3. Certified mail to the Illinois Environmental Protection Agency. 4. Certified mail to the County of Kendall and all municipalities or townships within one and one-half(1 1/2) miles of the proposed facility. 5. Public hearing notice in a newspaper of general circulation published as a display at least once during the week preceding the public hearing. Such notice shall consist of all items described in subsection B1 above except for items 1 c and l j. C. Hearing Procedures: 1. The Mayor shall appoint a Hearing Officer to preside over the public hearing and the Hearing Officer shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted, subject to this Chapter. The Hearing Officer shall make all decisions and rulings in accordance with fundamental fairness. The Hearing Officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. No ruling of the Hearing Officer shall be appealable. 2. The applicant for siting approval shall have the burden of going forward with evidence of the suitability of the site location for the proposed use. 3. Any person appearing at such public hearing shall have the right to give testimony and comment on the suitability of the site location for the proposed use. Any person shall have the right to be represented by an attorney at said public hearing. Such persons shall have the right of reasonable cross-examination. 4. Conduct of the public hearing shall be as follows: a. Call to order. 8 b. Recognition of the applicant and identification of the request for siting approval. c. Recognition of fees, notices and dates of filing of the request for siting approval. d. Recognition of the City staff, legal counsel and consultants, and other parties wishing to testify and any other reports, exhibits, maps or documents of record as filed pursuant to this Chapter. All parties, including members of the public, intending to testify or cross-examine must sign in or submit written notification of said intent to the City Clerk on or before the first day of the public hearing. Should the public hearing extend beyond one day, additional parties or members of the public, not of record as of the first day of the public hearing, will not be allowed to present testimony or cross-examine. e. The applicant, the City and other parties may make an opening statement. f. The City Council shall then hear testimony and receive evidence from the applicant and/or any witnesses the applicant may wish to call. Upon the close of the applicant's testimony, other parties may offer expert witnesses and evidence they may wish to present. These other parties may or may not be represented by counsel. Upon the close of the applicant's and other parties' testimony and evidence, the City may present any witnesses and evidence it wishes to present. g. All witnesses shall testify under oath. Testimony may include the use of exhibits. All witnesses shall be subject to reasonable questioning, as follows: direct, cross-examination, redirect and recross. After all parties have presented testimony, reasonable rebuttal and sur-rebuttal may be allowed at the discretion of the Hearing Officer. h. Should any issues, facts, data or other evidence arise during the course of the public hearing which were not apparent or reasonably foreseeable by a party from the request for siting approval as filed with the City Clerk, such situation may constitute grounds for a recess in the public hearing for a period not to exceed five (5) working days. i. Summary statements by applicant, other parties and the City, subject to limitations as imposed by the Hearing Officer. j. Rebuttal statement, if any, by the applicant, subject to limitations as imposed by the Hearing Officer. k. Hearing closed. Section 7. PUBLIC COMMENT A. The City Clerk shall receive written comment from any person concerning the appropriateness of the proposed site. Upon receipt of any such written comment, the City Clerk shall date stamp and shall file such written 9 comment and the postmarked envelope in which such comment was received. B. Copies of such written comments shall be made available for public inspection in the office of the City Clerk and members of the public shall be allowed to obtain a copy of any written comment upon payment of the actual cost of reproduction. C. Any written comment received by the City Clerk or postmarked not later than thirty(30) days after the close of the public hearing shall be made part of the record of the public hearing as hereinafter described, and the City Council shall consider any such timely written comments in making its final determination concerning said siting request. In the event that the thirtieth day falls on a Sunday or a Federal holiday, the next day on which mail is delivered shall be considered the thirtieth day for purposes of this subsection. Section 8. RECORDS KEPT A. The City Clerk shall be responsible for keeping the records of said hearing. The record shall consist of the following: 1. The request for siting approval as described in subsection 3C hereof; 2. Proof of notice as described in subsection 6B hereof, 3. Written comments filed by the public and received by the City Clerk or postmarked within thirty (30) days of the close of the hearing; 4. All reports, studies, exhibits or documents received into evidence at the public hearing; 5. The transcript of the public hearing; 6. Findings of fact and recommendation of the City Council; and 7. The resolution containing the final decision of the City Council. B. The City Clerk shall be responsible for certifying all copies of the record of the public hearing. Section 9. SITING APPROVAL DECISION A. After the public hearing and any continuation thereof, the City Council shall hold a public review meeting for purposes of establishing findings of fact and a recommendation concerning the siting approval request. Any findings of fact and recommendation shall be supported by the record. A 10 written resolution thereof shall be presented to the City Council within one hundred seventy(170) days from the City Clerk's acceptance of the filing of the siting approval request. B. In making its recommendation on the request for siting approval, the City Council shall base its decision on the following criteria: 1. The facility is necessary to accommodate the waste needs of the area it is intended to serve; 2. The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; 3. The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property; 4. The facility is located outside the boundary of the 100-year flood plain; 5. The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents; 6. The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows; 7. If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; 8. If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution Control Board for such area have been met; and 9. If a solid waste management plan was previously adopted for Kendall County prior to the filing of the petition, the facility is consistent with that plan. C. The City Council shall consider as evidence the previous operating experience and past record of violations and penalties of the applicant (and any subsidiary, parent corporation or subsidiary of the parent corporation) in the field of solid waste management when considering criteria in subsection B2 and B5 of this Section. D. The City Council shall consider the record from the public hearing and shall make a determination concerning a siting approval request within one hundred eighty (180) days from the City Clerk's acceptance of the filing of the siting approval request. The City Council may conditionally approve 11 any request for siting approval; provided such conditions are not inconsistent with regulations promulgated by the Illinois Pollution Control Board. E. No determination by the City Council of a siting approval request may be reconsidered. F. A local siting approval granted under this Chapter shall expire at the end of two (2) calendar years from the date upon which it was granted, unless the local siting approval granted under this Chapter is for a sanitary landfill operation, in which case the approval shall expire at the end of three (3) calendar years from the date upon which it was granted, and unless within that period the applicant has made application to the Illinois Environmental Protection Agency for a permit to develop the site. In the event that the local siting decision has been appealed, such expiration period shall be deemed to begin on the date upon which the appeal process is concluded. G. Siting approval obtained pursuant to this Chapter is transferable and may be transferred to a subsequent owner or operator with the written approval of the City Council. In the event that siting approval has been transferred to a subsequent owner or operator, that subsequent owner or operator assumes and takes subject to any and all conditions imposed upon the prior owner or operator by the City Council pursuant to this Section as well as any modifications to these conditions as documented in connection with the City Council's written approval of the transfer of the siting approval. Further, in the event that siting approval obtained pursuant to this Chapter has been transferred to a subsequent owner or operator, that subsequent owner or operator assumes all rights and obligations and takes the facility subject to any and all terms and conditions of any existing host agreement between the prior owner or operator and the City. Section 10. ADMINISTRATION OF FEES AND COSTS A. Upon termination of any proceedings under this Chapter, a final accounting and summary of all authorized expenditures and reimbursements shall be presented to the City Council. B. Any portion of an application fee not required for reimbursement to the City for costs and expenses incurred by the City under this Chapter shall be returned to the applicant. Should there be costs and/or expenses in excess of the amount paid by the applicant in the application fee, the applicant shall bear any and all additional costs. C. In order to properly administer the application fee received with respect to this Chapter, the Finance Director is hereby authorized and directed to receive and hold such application fees for administration subject to the review and approval of the City Council. 12 D. In order to expedite payment of all bills incurred as a result of administering this Chapter, all bills and questions concerning billing should be directed to the Finance Director. Section 11. REPEALER All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be and the same are hereby repealed. Section 12. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof Section 13. EFFECTIVE DATE This Chapter shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 13 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 Attest: CITY CLERK Prepared by: John W. Watson, Esq. Gardner Carton&Douglas LLP 191 N. Wacker Drive Suite 3700 Chicago, IL 60606-1698 CH02/22257552.2 14 04/20/2004 12 57 FAX 630 553 5764 DANIEL J. KRAMER ! J002/003 • THE UNITED CITY OF YORKVILLE RESOLUTION NO: RESOLUTION AMENDING THE UNITED CITY OF YORKVILLE RESOLUTION NO. 99-25 THE UNITED CITY OF YORKVILLE FACADE IMPROVEMENTS AND HISTORIC PRESERVATION PROGRAM WHEREAS, the City is desirous of continuing to stimulate commercial growth in order to increase employment opportunities in the City, to prevent decline in economic conditions in the City and to enhance the tax base and sales tax revenues of the City; and WHEREAS, the City has identified that all commercial,business and or residential buildings built before 1940, within city limits, shall be eligible for a grant in order to encourage property owners to restore the building to its original architectural integrity; and WHEREAS, the aforementioned grant shall be awarded on a priority basis,with the highest priority being the downtown business district; second priority being property that face arterial roadways as identified in the United City of Yorkville Comprehensive Plan; and thirdly, the remainder of city properties. WHEREAS, business owners,merchants and owners of buildings within the boundaries of the City have exhibited their desire to improve the appearance of their buildings by repairing, painting,cleaning and doing other sundry renovations, including restoring windows to their original size, removing false fronts and adding awnings when appropriate; and WHEREAS, the City has established a Review Committee, to provide guidance for such improvements and to ascertain which improvements best implement the City's efforts to improve economic condition within the defined area; and WHEREAS, the City agrees to set aside a certain amount of money annually to be used as a grant or grants, to be administered and awarded by the Review Committee, to business owners, merchants and owners of other buildings within the City who are engaged in improving their building's exterior appearance and facades, which are defined as the exterior of the building including both front and back, and have spent, or guarantee that they will spend, at least$1,000 on said improvements within one fiscal year; and NOW THEREFORE, be it and it is hereby resolved as follows: 1. That the above recitals shall be incorporated in to the currant Facade Improvement and Historic Preservation Program and in all other respects said Resolution number 99-25 shall be republished and ratified except to the extent amended herein. 04/20/2004 12 57 FAX 630 553 5764 DANIEL J. KRAMER Z003/003 2. That this Resolution shall take effect immediately upon its passage. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 =OF YORR'VILL€ APR 2 9 2004 RECEIVED AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS INSTRUMENT PREPARED BY AND RETURN TO: Sanford M. Stein Gardner Carton & Douglas, LLC 191 N. Wacker Drive, Suite 3700 Chicago, IL 60606 (312) 569-1229 Fax: (312)-569-3229 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2004, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") THE ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER ("OWNER"), 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 ("Undesser Property"). B. Richard A. Undesser, Henrietta Undesser and the City, have heretofore entered into that certain Annexation Agreement dated July 1, 1997 with the City ("the 1997 Annexation Agreement") which provided for, among other things, the annexation of a portion of the Undesser Property to the City. C. The OWNER desires to annex additional property legally described on Exhibit "B" attached hereto (the "Annexation Parcel"), to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Village Subdivision (approximately 300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as Exhibit "B-1". The Annexation Parcel is contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other municipality. 7r_1102/ r (_1 02/22_.242448.17] 8[_]19[ ] 10[22242448] 11[2/12/04] D. 1. The Annexation Parcel is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by the CITY'S public library. 2. The corporate authorities of the CITY, after due and careful consideration, have concluded that the annexation of the Annexation Parcel to the CITY would further the growth of the CITY, enable the CITY to control the development of the area and serve the best interests of the CITY. E. DEVELOPER desires to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the "Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. F. OWNER and DEVELOPER further desire to amend the 1997 Annexation Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and the City is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the real estate that is the subject of the 1997 Annexation Agreement, except as modified by this Agreement. G. DEVELOPER proposes that a portion of the Subject Property be rezoned from Kendall County A-1 Agricultural and United City of Yorkville B-3 Service Business District and A-1 Agricultural, to United City of Yorkville Planned Unit Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business District (with the special use B-3 allowed in the 1997 Annexation Agreement surviving with this Agreement but only over that area described in the 1997 Agreement). R-2 One Family Residence District, and R-4 General Residence District. A legal description of each of the Amended Zoning Districts is attached hereto and made a part hereof as Exhibit "B-2". A graphic description of the Amended Zoning District is attached hereto as Exhibit "B-3". 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 Ordinances. J. The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound 1 [ 2/22242448.17] 2[_]23[7] 4 [22242448] 5[2/12/04] 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, DEVELOPER and the City to develop the Subject Property 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) The Annexation Parcel is located contiguous to the corporate boundaries of the CITY; and is 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 Subject Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 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 and DEVELOPER. N. The OWNER and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held 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 Zoningand Annexation and drawings submitted pP g 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, hereby agree as follows: 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. [C1-102/22242448.17] 2133[_] 4 [22242448] 5[2/12/04] 2. ANNEXATION. A. As to the Annexation Parcel, this Agreement is made pursuant to and in accordance with the provisions of Sections 5/1 115.11 et.seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect to the Subject Property, this Agreement is made pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of the CITY; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 5/1 115.11 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. As to the Annexation Parcel, the OWNER has filed with the City Clerk of the CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of the CITY, which hearings were held in accordance with the provisions of the Statutes of the State of Illinois. C. Upon the execution of this Agreement by the OWNER, the CITY shall execute this Agreement and enact ordinances necessary to annex the Annexation Parcel into the corporate limits of the CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that the CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time, the annexation of the Annexation Parcel to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with the OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Annexation Parcel and/or other properties to the CITY so that the annexation of Annexation Parcel to the CITY can be sustained and/or effected. 3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to amend the Zoning Ordinance of the CITY such that the Subject Property can be zoned and used within the following zoning classifications: B-3 Service Business District with special use, R-2 One Family Residence District, and R-4 General 1[CH02/22242448.171 2L]43{] 4[22242448] 5[2/12/04] Residence District, all as depicted on Exhibit B-3, attached hereto and made a part hereof. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. 4. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Preliminary PUD Plan. (i) DEVELOPER has submitted to the CITY a Preliminary PUD. Plan for the Subject Property (prepared by The Lannert Group (with a latest revision date of February 12, 2004), and an Alternate P.U.D. Plan (dated February 12, 2004) copies of which Preliminary PUD Plan and Alternate Preliminary PUD Plan are attached hereto and made a part hereof as Exhibit "C" ("Preliminary PUD Plan") and Exhibit "C-1" (Alternate PUD Plan) respectively. Hereinafter, the terms "Preliminary PUD Plan" and "Alternate Preliminary PUD Plan" shall be referred to collectively as the "Preliminary PUD Plan". DEVELOPER has also submitted to the CITY a Preliminary Open Space Plan, a Buffer Yard Planting Plan, a Landscape Plan-Area Details and a Sign Package Plan Sheet for the subject property (prepared by the Lannert Group, all with the latest revisions dated of February 12, 2004) which combined are referred to as the Preliminary Landscape Plan and are attached hereto as Exhibit "D" and a "Preliminary" engineering plan (prepared by Cemcon, Ltd. with latest revision date as of February 12, 2004, a copy of which Preliminary engineering plan is attached hereto as Exhibit "E" ("Preliminary Engineering Plan"). The Preliminary Site Plan, Preliminary Landscape Plan and Preliminary Engineering Plan are collectively referred to as the Preliminary Plans. Prior to execution of this Agreement, DEVELOPER has submitted the Preliminary Plan to the Plan Commission of the CITY. In accordance with the Preliminary PUD Plan, the Subject Property shall be developed in substantial conformance with the one-family and multi- family dwelling unit and commercial area pods as set forth in the Preliminary PUD Plan, with a total buildable subdivided lot count not to exceed 289 of one-family lots, 601 multi-family units including 296 Townhome Units and 305 Courtyard Home Units and 22.7 acres of commercial area, within the Subject Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard Home" shall mean townhome type units situated around a center court with rear garage entry. (ii) The DEVELOPER is required to submit a combined preliminary and final PUD plan and plat that substantially conforms with the Preliminary Site Plan, for review and approval in accordance with City Ordinances. (a) 1[CH02/22242448.1_1 2H53 53 H 4 [22242448] 5[2/12/04] The parties acknowledge that the Preliminary Plan as presented contains sufficient detail and information to qualify as a "Preliminary Plan" as that term is defined in the ordinances of the City. (a) The Subject Property shall be developed in the manner and in accordance with the Preliminary PUD Plan, and such development shall be in 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 Subject Property as provided in Paragraph 4B 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 Subject Property, shall be in substantial conformance with the Preliminary Engineering Plan. (iii) DEVELOPER is authorized to undertake mass earthwork and grading of the Subject Property, or so much thereof as DEVELOPER shall choose, after approval of the Preliminary PUD Plan prior to approval of preliminary and final plat and preliminary and final engineering and in accordance with the City's Soil Erosion and Sediment Control Ordinance at Developer's sole risk. B. Approval of Preliminary/Final Plat and Preliminary/Final Engineering. (i) DEVELOPER shall have the right to develop the Subject 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. Developer shall be permitted to submit a preliminary plat for the entirety of the Subject Property, and at the same time submit its final plat for the first phase (Phase I) of Development. CITY may require final engineering for certain elements of additional phases as they may affect the final plat for which approval is sought. Nothing herein requires construction of elements outside of the phase of development for which final plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. (ii) 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 Plan") for a Phase of Development, which substantially conform with the Preliminary PUD Plan and approved preliminary plat as to such Phase of 1 [CH02/22242448 17 ] 27_163 H 4 L [22242448] 5[2/120 Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary PUD Plan, and 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 (a) the posting of the applicable Security Instruments, as defined in Paragraph 7 of this Agreement, for such Phase of Development, and (b) the payment of applicable fees to the CITY as provided for in this Agreement. The CITY shall cooperate with DEVELOPER to secure such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the "Final Plans". (iii) 46[The CITY acknowledges that additional time than that accorded in the City's Subdivision Regulations may be required before DEVELOPER can submit one or more final plats of subdivision for approval, due to time re uired for construction of sanitar sewer lin-s and ex•ansion of off-site sanitary sewer plant capacity. Accordingly, DEVELOPER shall have seven (7) years from the date of approval of the Preliminary PUD Plan to submit any final plat for review and approval, notwithstanding any shorter time •eriod for such submittal in an a• licable ordinance, code or regulation.] 47[(iv) ]Concurrent with and prior to recording a Final Plat for 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 to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 24 hereof, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "F" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded for each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 24 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph (24), to fund the cost of maintaining the Common Facilities. 1 [CH0:102242448.17] 2 _]73[_] 4 [22242448] 5[2/12/04] C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language and a "Statement Authorizing Continuing Business Operations" attached hereto as Exhibit "G" on each Final Plat of Subdivision. 5. DEVIATIONS FROM LOCAL CODES. The specific deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "H" attached hereto have been requested, approved and are penniitted with respect to the development, construction, and use of the Subject Property ("Permitted Deviations"). 6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A-1. Sanitary Sewer Facilities. The City represents but does not warrant to OWNER and DEVELOPER that the sanitary sewer 48[treatment facilities that serve or will serve the Subject Property, owned and operated by the Yorkville-Bristol Sanitary District (YBSD) have sufficient capacity to adequately serve the needs of DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement49[, but the CITY does warrant that it will have sanitary sewer interceptor lines sufficient to serve the needs of DEVELOPER and occupants of the Subject Property as developed in accordance herewith]. Subject to legal review and YBSD commitment (OWNER and DEVELOPER shall cause the 43-acre portion more or less, of the Subject Property not previously done so, or such developable portions thereof as may be appropriate, to be annexed to the YBSD for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of the YBSD. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of the YBSD shall be carried out in substantial compliance with the Final Engineering Plan as approved by the CITY and by the YBS District as required 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 ("IEPA"), permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. Furthermore, the City may use its power of condemnation if necessary to secure the necessary easements to obtain the sanitary sewer main extensions and the cost and expense incurred by the CITY shall be paid by OWNER/DEVELOPER and added to the recapture amounts described in the 1997 Annexation Agreement. The sanitary sewer [CH02/222424_48 17] 2[7 ]g3[=] 4 [22242448] 5[2/12/04] mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to the YBSD and the YBSD shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines. The sanitary sewer lines which are less than eighteen(18) inches or smaller 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. A-2. The CITY represents and warrants to DEVELOPER that there is no administrative, judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party's right to use the sanitary sewer. B-l. Water Facilities. The CITY represents and warrants that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject 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 Subject 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 Plan, subject to review and approval of the Final Engineering Plan for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Subject Property and obtain necessary temporary easements. City to construct the necessary public watermain infrastructure, and DEVELOPER shall connect the Subject 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 Subject Property ("Offsite Water Easements") to enable the CITY to construct 1 [CH02/22242448.17 ] 2W-9-3[1] 4 [22242448] 5[2/12/04] the Offsite Water Extension in a timely manner to provide water service to the Subject Property. B-2. OWNER and DEVELOPER agree, that upon approval of this agreement by the City Council, they will each execute and DEVELOPER will grant to the City the necessary easements to construct CITY water main facilities in accordance with the easement agreement attached hereto as Exhibit I. B-3 The CITY represents and warrants to DEVELOPER that the CITY'S potable water, fire flow and water storage facilities have sufficient capacity to adequately serve the needs of the DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. The City has notified the DEVELOPER that the CITY is currently not in compliance with a State mandated program to reduce the level of radium in the City's water supply. C. Pelluits. DEVELOPER agrees to contribute to the Temporary and Permanent Sanitary Sewer Inceptor, Pump Station and Force main improvements, as identified on the attached Rob Roy Creek Interceptor plan prepared by Yorkville- Bristol Sanitary District (YBSD) and attached hereto as Exhibit "I". The City agrees to reserve sufficient capacity within the Proposed Temporary Lift Station to accommodate Developer's proposed project as identified on Exhibit "C", and Exhibit "C-1". Furthermore, DEVELOPER agrees to prepay its proportionate share of the fees necessary to fund the engineering and Facilities Plan Area Amendment. Said prepayment calculation shall be based upon the estimates of funds required, divided by the total land area to be immediately serviced by the Temporary Pump Station and Force Main improvements and shall be set forth in an Agreement to be consummated, between DEVELOPER and YBSD. D. Recapture. The CITY represents and warrants to DEVELOPER that DEVELOPER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees subject to the tetras of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, and is not being waived by the CITY; provided such financing does not result in any cost or expense to OWNER or DEVELOPER other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. E. Storm Water Facilities. 1 [CH02/22242448 17] 2[_]1 03[_] 4[22242448] 5 [2/12/04] (i) DEVELOPER shall provide for stowu water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development, in the following manner: (a) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering Plan, 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 Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject to review and approval of Final Engineering for each Phase of Development. (ii) Unless required by a superior governmental authority 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. The foregoing notwithstanding, any so called "grandfather" provisions contained in the mandate of such superior governmental authority referred to in the previous sentence, which would serve to exempt or delay implementation against the Subject Property, shall be given full force and effect. (iii) The CITY shall direct its 50[engineering staff and/or ]consultant51{3 }52 to diligently pursue the required approvals for the Rob Roy Creek Flood Study through the requisite state and federal agencies. If said study has not received the requisite approvals at the time of the first final plat submitted by DEVELOPER to the CITY for approval, then the ' {€EJ}' En,i er g__En e l: ses, II�c (EH) study shall serve as a basis for approval of development for the SUBJECT PROPERTY. Notwithstanding the foregoing, if the EEI Study, as approved, is further revised and the flood plain area is found to be modified or reduced, DEVELOPER 55{reserves the right ta}56[mav] modify any Preliminary Drawings, Preliminary Plat, or this Agreement57[ ] subject to review and approval by58[ the] City in accordance with City Ordinances, such that the total number of dwelling units approved in the Preliminary PUD Plan shall not be reduced. Such modifications shall not result in any net increase of density for the Subject Property. � 1 [CH 22242448 17] 2L]113L=] 4 [22242448] 5[2/12/04] (iv) Should any portion of the subject property contain a flood plain as is disclosed by the Rob Roy Creek Plain Study being conducted by 59{Engineering Enterprises, Inc.}60[EEI1 on behalf of the City, Owner/Developer agrees that the City Subdivision Control Ordinance and Zoning Ordinance shall apply and Developer/Owner shall not build any homes on proposed lots that are disclosed to be within a flood plain area, unless said flood plain has been redefined in accordance with applicable regulations. In the event the Flood Plain Study discloses lots that become unbuildable, Owner/Developer reserves the right to petition to amend, or modify any Preliminary Drawings, Preliminary Plat, or Agreement to shift location of Platted lots in order to maintain the density granted to Owner/Developer on the Preliminary PUD Plan, including the right to Petition for a Letter of Map Revision and the right to Petition to Amend the Residential Class of Zoning to accomplish the foregoing. (v) 61[Failure of the CITY to obtain timel as sroval and/or acce stance of the Rob Roy Creek Flood Study, shall not serve as any basis or reason for the City to refuse to approve IEPA sanitary sewer and water permit applications. nor to avoid approval and recordation of any final plat(s) of subdivision. 62[(vi) 'The CITY shall approve a minimum of 15% of the area dedicated to stormwater management for the PROPERTY, to satisfy that proportionate share of the "additional open space requirements calculations" as outlined in the current United City of Yorkville Land Use Plan, adopted September 10, 2002, and in accordance with the calculations depicted on the Open Space Allocation Exhibit attached as Exhibit "J". (63{ }641vii1) The DEVELOPER shall make improvements to the existing Rob Roy Creek drainageway as proposed on Exhibit "J". The CITY shall not require additional improvements (beyond those set out on Exhibit "J") to the Rob Roy Creek unless such improvements are universally applied by the CITY to all properties within the Rob Roy Creek Watershed. Developer shall dedicate to the City and the City shall accept ownership of all open space other than the Regional Bicycle Trail. The Westbury Village Homeowner's Association (WVHOA) will maintain the dedicated open space and the City will establish a dominant or "back-up" Special Service Area (and the WVHOA covenants, limitations and restrictions (Exhibit "K") will so allow), to provide funds for open space maintenance in the event the WVHOA fails to meet its maintenance responsibilities. 65[(viii1Notwithstanding anything herein. or in any applicable code, ordinance. statute or regulation to the contrary, the bicycle trail to be located in the "Pod 3 — Sinale Family Attached Nei.hborhood" as de•icted on the Preliminary PUD Plan, shall be placed in a location to be determined by the City. and may be located 1[CH02/22242448 17] 2[_]123H 4 [22242448] 5[2/12/04] within the recognized Flood Plain, if doing so is necessary to maintain a distance of not less than 75 feet from the Bic 'cle Path to an residential building.] F. 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 Subject Property in substantial conformity with the Final Engineering Plan 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 Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be covered by the appropriate Security instrument, but 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 Plan, located in the public right of way. 7. 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 as Developer, in its sole discretion shall choose, ("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 "L," 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 eighty-five (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. 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 and Streets. Upon completion and inspection of street and related improvement and underground improvements in each Phase of 1 [dH42/22242448_17] 2[1133[_} 4 [22242448] 5[2/12/04] 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. Notwithstanding the foregoing, the installation of the final surface course for streets shall not be required prior to the appropriate reduction of any applicable security instrument. C. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject 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. 8. 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 the City Engineer shall make his recommendation to the Public Works Committee or other designated Committee not later than 30 days subject to force majeure from the date of DEVELOPER's request for approval of any Public Improvements. Said request shall be made in writing by DEVELOPER. 9. AMENDMENTS TO ORDINANCES. A-l. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications, departures or deviations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, (i) in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall i [CH02/22242448.11 7] 21=11143{d 4 [22242448] 5[2/12/04] apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNER or DEVELOPER in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, (ii) The ordinance amendments pending on the date of this Agreement and specifically identified and attached hereto as Exhibit "M" shall apply to the Subject Property as though they had been approved by the City Council in substantially the same form, content and wording as those copies attached hereto as Exhibit "L" and to the extent they are effective and applicable generally to all property in the City, within thirty (30) days of the date of this Agreement, except that, should the final applicable form of such ordinance amendments, as passed by the City Council be more favorable to Developer, than the form(s) attached as Exhibit L, then the more favorable, approved and applicable versions of said ordinance amendments shall replace Exhibit L. A-2. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the City's ISO insurance rating shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the Subject Property or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified under this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the Subject Property or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER and DEVELOPER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the Subject Property and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any Parcel or Phase thereof. [C1c102/22242448.17_] 2U1 53H 4 [22242448] 5[2/12/04] A-3. DEVELOPER and all successor developers of the Subject Property or any Parcel or Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s) to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property or any Parcel or Phase thereof In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. B. Performance Standards. The CITY agrees to the following design standards for the land use areas as shown on the Preliminary PUD Plan (each of the land use areas is referred to as a"Pod"): 1. Single Family—Detached (Pod 1 — 85 units; Pod 2-120 units; Pod 6-84 units): a. Minimum Lot Size shall be 12,000 square feet, unless the lot abuts open space of not less than 25' in depth, in which case the Minimum Lot Size may be reduced to 10,000 s.f.; except on lots adjacent to Galena Road and Illinois Rte. 47, in which case the minimum open space shall be 25' in depth in addition to the 30 foot roadway landscape buffer; b. Minimum Lot Width—80 feet; 2. Courtyard Homes— Single Family Attached - (Pod 3 — 128 units; Pod 7- 177 Units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; b. Minimum building envelope area shall be 9,000 square feet; c. Minimum building envelope width shall be 90 feet; d. Maximum Lot Coverage of each pod shall not exceed thirty percent (30%); 1 [CH02/22242448 17 ] 2[ ]163{] 4 [22242448] 5[2/12/04] e. Maximum number of dwelling units per building shall not exceed eight(8). 3. Townhome - Single Family Attached (Pod 5-146 units; Pod 8-150 units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; b. Minimum building envelope area shall not exceed 9,000 square feet; c. Maximum Lot Coverage of each pod shall not exceed thirty percent (30%); e. Maximum number of dwelling units per building shall not exceed eight(8). 4. Commercial Area. a. Standards - Site plan to be submitted with preliminary and final PUD plan for Commercial Area in the B3 Service Business District —to be developed in accordance with standards in effect at the time of the execution of this Agreement, and subject to the PUD process. C. Residential Setbacks. The City agrees to the following setbacks as shown on the Preliminary Plan: 1. Single Family—Detached—(Pods 1, 2, and 6): a. Front yard 30' b. Exterior corner side yard 30' (25' on lots containing a 3-car garage) c. Side yard 8.5' (7.5' on lots containing a 3-car garage) The side yard setback for lots containing either public water or sanitary sewer mains or storm sewer in side yards shall be increased to 10' to accommodate this condition. d. Rear yard 40' 2. Courtyard Homes—Single Family Attached (Pods 3 and 7): 1[CH02/22242448 17 1 21-1173 H 4[22242448] 5[2/12/04] a. Front yard (i) if adjacent to internal public right-of-way- 20' (ii) if adjacent to private street—20' from private roadway (iii) no public utilities shall be located within 15' of any building, as measured perpendicular to the utilities b. Exterior corner side yard 20' c. Side yard 10' d. Rear yard 25' unless adjacent to the Rob Roy Creek Open Space Corridor, in which case the rear yard setback may be reduced to 10' 3. Townhome Parcel— Single Family Attached (Pods 5 and 8): a. Front Yard (i) if adjacent to internal public right-of-way - 20' (ii) if adjacent to private street—20' from edge of pavement(if the driveway access to the public street is provided in this location, then the setback shall be 30' b. Exterior corner side yard 20' c. Side yard 10' d. Rear yard 25' unless adjacent to the Rob Roy Creek corridor open space, said setback may be reduced to 10' 4. Minimum Building Separations (Pods 3, 5, 7 and 8)up to ten percent (10%) of the buildings in each pod are permitted to have building separations as follows: a. Rear to rear 50' b. Front to side 30' c. Front to front 40' d. Unless otherwise set forth and depicted on the PreliminaryPUD p Plan, all other minimum building separations shall be as follows: 1[CH02 22242448 17 1 2[_] 83L] 4[22242448] 5[2/12/04] i. Rear to rear 60' ii. Front to side 40' iii. Rear to front 80' iv. Garage to garage 60' v. Side to rear 40' vi. Side to side 20' vii. Front to front 50' 66[5. Fire Suppression—Townhomes. The DEVELOPER will install in any Townhome that is 150 feet or greater from a"point of attack" for fire fighting purposes, a 13R fire suppression system or equivalent, if so requested by the City after consultation with the fire protection district.] 6716. Architectural Standards—Not less than 50%of the total area comprising the front and side elevations of single-family attached units, shall be faced with brick or stone material.] 68{5-}69[7. Commercial Area— Standards— Site plan to be submitted with preliminary and final PUD plan. D. Clubhouse/Recreational Facilities. Developers agree to substantially complete the clubhouse and other recreational facilities on or before December 31, 2008, subject to force majeure, abnormal weather conditions and delays that are solely within the control of the City. 10. BUILDING PERMITS AND RELATED INSPECTIONS. A. The CITY shall act upon each application for a building permit for which DEVELOPER, or its duly authorized representative, in accordance with the approved final plat and approved final engineering for the development of any Phase of the Subject Property, shall apply, within fifteen (15) business days of the date of the application therefor or within fifteen (15) business days of receipt of the last of the documents and information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including specifications of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building [cH02/22242448.17] 2[7] 9,3H 4 [22242448] 5[2/12/04] permits upon the compliance with those legal and documentary requirements so specified by the CITY. B. Subject to any other necessary governmental regulatory approval, the CITY shall permit DEVELOPER, and its duly authorized representative, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the Subject Property or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at DEVELOPER'S sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY unless the same are lawful and being collected by the CITY from owners, users and developers of similarly situated and zoned property within the CITY limits as of the date of the imposition of such fees. 11. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "N". Notwithstanding the provisions of Paragraph 9 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 Subject Property upon the expiration of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition, whether during the five (5) year period next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for herein and so long as they do not affect the City's ISO insurance rating. 12. FEES AND CHARGES. During the first five (5) 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. 13. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, except as otherwise expressly provided in this Agreement. The City expressly acknowledges that park donations are within the City's control and incorporated herein. 14. 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 Parks and 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 Subject Property in the manner provided for under this Agreement: [CH02/22242448.17] 2H203L] 4[22242448] 5[2/12/04] [2/12/04] A-1. School Contribution. OWNER or DEVELOPER shall provide a combination contribution of land to the School District and cash-in-lieu of land to the School District for use by Yorkville Community School District 115 for a school building and associated grounds ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the PUD Plan, is 26.162 acres. OWNER or DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified on the Preliminary PUD Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of the School Contribution shall be paid by a cash contribution not to exceed $647,396.00 in accordance with the 1997 Annexation Agreement, as applicable, at the time that building permits are issued byCity the for residential units and in the amount attributable to number of residential units for which said building penuits are then issued. The School Site shall be maintained by the DEVELOPER until such time that it is conveyed in such manner and at such time as required by applicable ordinances of the CITY. The OWNER or DEVELOPER shall convey the School Site to the School District no later than the time when the final plat for the unit containing the School Site is recorded with the Kendall County Recorders office. Prior to conveyance of the School Site, DEVELOPER shall, at its expense, grade, seed and prepare the School Site in accordance with the approved Final Engineering. The School Site is combined with the Park Site, as defined in Paragraph_ of this Agreement, and shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. A-2 If the School Site is not actually used for the construction of a school building and associated grounds within eight (8) years after recordation of the Final Plat for which said parcel is located, then the School Site shall be re-conveyed to the OWNER or DEVELOPER to the entity that originally conveyed said Property or their respective successor which shall pay an amount equal to the then most recent cash-in-lieu school land/cash payment to the School District equivalent to the School Site Donation. The CITY shall assist, at DEVELOPER's expense in obtaining the reconveyance of the School Site to DEVELOPER or DEVELOPER's successor including utilizing its power of eminent domain, if necessary. Any future use on subject property shall be in compliance with Adjoining R-2 properties and subject to future City review and Plat approval. A-3. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3000.00 per unit for residential units within the Subject Parcel. Attached hereto and incorporated as Exhibit "0" to a letter from the Yorkville School District action to reserve 15.0 acres of land for a future school site in lieu of that proportionate share of cash. All school transition fees will be paid at the time issuance of building permit. No other existing or future school transition fees or school impact fees of any kind will apply with respect to the SUBJECT PROPERTY. A-4. The method of payment will be in accordance with the CITY's procedure 1[CH02/22242444 .17 ] 2[d2213H 4[2.2242448] 5[2/12/04] for such payments as of the date of this Agreement. This procedure is for the builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the amount 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. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, as depicted on the Preliminary PUD Plan is 24.035 acres. OWNER or DEVELOPER shall cause fee title to not less than 12 acres of land located above the 100-year floodplain (the Park Parcel) identified on the Preliminary PUD Plan to be conveyed to the CITY, in partial satisfaction of the Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution not to exceed $698,057.00 in accordance with this Agreement as applicable and CITY ordinances at the time that building permits are issued by the CITY for residential units, and in the amount attributable to number of residential units for which said building permits are then issued. of this agreement. The Park Site shall be maintained by the DEVELOPER until such time that they are conveyed to the City. Each separate Park Parcel, or portion thereof, shall be conveyed to the City within 18 months of City Council approval of the final subdivision plat containing said Park Parcel. 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 and Park Development standards. DEVELOPER shall receive 50% credit toward the dedication of the 3.2 Acre Park Regional Trail Parcel as identified on the Preliminary PUD Plan. DEVELOPER, at its sole discretion, may elect to construct the trail improvements within said parcel in accordance with Yorkville Park Department Development Standards, or contribute the remaining 50% area (equal to 1.6 acres) as cash-in-lieu fees at the aforementioned contribution rate of$58,000 per acre. C. The following fees shall be paid to the CITY for each unit: Development fees. Public works $ 700 Police $ 300 Engineering $ 100 Parks $ 50 Building $ 150 Library $ 500 Bristol/Kendall Fire $ 300 City Sewer Connection Fee $2,000 [CH02/22242448 17] 2]223[7] 4[22242448] 5[2/12/04] City Water Connection Fee -Single family $2,200 attached -Single family $2,600 detached Water Meter Fees -Detached Units $ 250 -Attached Units $ 325 D. Roadway Improvement Contributions — The City agrees that the Developer's contribution for Roadway Improvement Contribution shall be satisfied with Developer completing improvements to the adjacent portions of Corneils Road and Galena Road in conformance with these improvements identified in the attached Exhibit P.70[ Developer's Roadway Contribution shall be allocated in an amount not to exceed $2,000.00 for each single-family detached dwelling unit, and not to exceed '.1 000.00 for each sinale-famil attached dwelling unit. us to a total not to exceed .1 E. 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. F. DEVELOPER agrees to prepay 50% of the Bristol-Kendall Fire Fee for the Subject Property, in the amount of$133,500 to be paid at the time of recordation of the first Final Plat, and the balance to be paid with each subsequent plat, for a total payment not to exceed $267,000.00 G. DEVELOPER agrees to pay a Siren Fee for the Subject Property of $75.00 per acre, paid in phases at time of such final plat for a total payment of$22,500.00. H. DEVELOPER agrees to pre-pay the Municipal Building Fee of $150 per unit within thirty (30) business days of recordation of this agreement, in an amount not to exceed $133,500. I. DEVELOPER shall be permitted to apply the cost previously advanced by Developer from the Rob Roy Creek Flood Plain Study toward the total amount due for the Engineering Fees, in an amount not greater than$25,000.00 1[cH02/2224.2448.171 2 =1233H 4[22_242448] 5[2/12/041 J. DEVELOPER shall be permitted to apply the cost previously advanced under the 1997 Annexation Agreement to the Yorkville Police Department against the fees due for the Police Department, in the amount not greater than $27,500.00. K. At the occurrence of submittal of each Final Plat of Subdivision, the City may request partial pre-payment in an amount not more than fifty (50%) percent of portions of the Development Fees as identified in Paragraph 14.C. above. Such fee pre-payment requests shall be based upon a comprehensive study conducted and funded by the City, showing a specific need. Notwithstanding the foregoing, the election to pre-pay any and all Development fees pursuant to this paragraph shall be at the DEVELOPER'S sole discretion. The pre-payment of Development Fees shall not be a pre-requisite for approval of any Final Plat or Plan, and the Developer's election to forego pre-payment of Developments Fees, if requested by the City, shall not prejudice the City's review of same or of any other review or issuance of any permit or entitlement hereunder or pursuant to ordinance or statute. L.{€,-71 All contributions, fees, import fees or other payments from Developer or Owner, as set forth. 15. PROJECT SIGNS. A. Residential Development Signs. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Subject Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs for the residential portion of the Subject Property at such locations within 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, or subject to the requirements of any permitting authority other than the CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated, consistent with the City's Signage ordinance. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Undesser Property as identified in the Preliminary Landscape Plan. Nothing herein shall limit the right of Developer to construct, maintain and utilize any number of additional offsite subdivision identification, maintenance and location signs for the residential portion of the Subject Property at locations outside the corporate limits of the City or the number of such signs. 1[c1-102/22242448.17] 2 H243 LI 4[2224244A 5[2/12/04] B. Commercial Development Signs. To be submitted with building plans for this area. 16. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or Phase thereof within ten (10)working days after proper application therefor or within ten (10) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application of all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. 17. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build-out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Grande Reserve. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold halnlless letter to the CITY and the Bristol-Kendall or Oswego Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the 1[cB02/22242448.17 ] 2[_]253[_] 4p2242448] 5[2/12/04] binder course of asplmlt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree 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. OWNERS and DEVELOPER shall be peimitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 18. CONTRACTOR'S TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property other than proposed ROW, lands to be dedicated to the Public, or floodplain areas within the required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the last final building permit for the Subject Property. 19. TEMPORARY SALES OFFICE TRAILERS. The City agrees to allow the Owners/Developer or Builder to construct and use no more than five (5) temporary sales office trailers, subject to Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Pod 7 on the Preliminary Plan. Temporary sales office trailers shall be removed at the earlier of such time as the model home/s or model unit/s being served by said temporary sales office trailer are available for model occupancy, or when 95% of all units on the Subject Property have occupancy permits. 1[CH02/22242448.17] 2{]263 4[22242448] '[2/12/04] 20. TEMPORARY PARKING. The CITY agrees to allow DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the Subject Property upon which the model units and sales offices are to be located subject to the approval of the CITY and compliance with the CITY'S building codes. 21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subject Property, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 23.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the owner(s) 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. 22. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 23. RECAPTURE AGREEMENTS. A. Benefiting the Subject Property. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002 ed.), at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement or "Recapture Agreements") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "Q" 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 Subject Property which connects to or is otherwise benefited by said improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"Q". B. Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property of which the CITY has any knowledge, or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does the CITY have any knowledge of any pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 1[CCH02/22242448.17 1 2L] 3 H 4[22242448] 5[2/12/04] 24. SPECIAL SERVICE AREA. A. Public Improvements to be Financed by SSA Bonds. In order to provide for the maintenance of open space and trail areas OWNER and DEVELOPER agree to execute a consent to the creation of a Special Tax Service Area and have approved Ordinances encumbering all residential units within the Subject Property, in the event the Homeowners Association for Westbury Village fails to carry out its maintenance responsibilities. The development of public improvements on the PROPERTY shall be in compliance with all Ordinances of the CITY except as modified herein, and the Preliminary Plat of Subdivision. In addition, said public improvements shall be approved by the City's staff or engineering consultants. Final Plat approval by the City Council shall be in conformance with the City's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and of Review Fees Ordinances, Land-Cash Ordinance, School Transition Fee Ordinance, and Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER and DEVELOPER as a condition of approval of this Planned Unit Development Agreement. Except to the extent modified by this Agreement, the Preliminary Plat and Final Plat of each phase of development, shall comply with all requirements as set out in the City's Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the City's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and Review Fees Ordinance, School Transition Fee, and Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement or as modified herein or in any of the attachments hereto. Except as modified herein, DEVELOPER and any successor developers, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the City's Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit OWNER or DEVELOPER, said modifications shall be effective as to the Subject Property in the event OWNER or DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. B. Improvements Special Service Area. CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area ("SSA") for the Subject 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 i[CH02/22242448.17] 2L]283H 4 [22242448] 5[2/I2/04] "R". The City retains the right to choose SSA administration team provided that act is an expeditious fashion. C. Special Service Area-Financing. The CITY agrees that if requested by DEVELOPER, the CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism including, without limitation, sales tax rebates or creation of a Special Service Area (SSA) or other public funding mechanism for the purpose of financing all public improvements within the Subject Property or any part or parts or Phase or Phases thereof then owned by the requesting DEVELOPER, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit the Subject Property, sanitary sewer facilities, and other public improvements which are acceptable to the SSA and underwriter(s). Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Service Area Tax, and (ii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by DEVELOPER consistent with CITY policy as established by City Resolution#2002-04, which is attached hereto and incorporated herein by reference. D. Economic Development Incentive Agreement. CITY agrees that, if requested by Developer, the City shall enter into an Economic Development Incentive Agreement for Sales Tax rebates for Public Infrastructure Improvements for the Commercial Area of the Subject Property only. Such sales tax rebates shall be sufficient to provide the cost of Public Infrastructure Improvements reasonably required for authorized commercial uses in the Commercial Area, and shall be paid over such period and in such amount as necessary to retire financing obligations incurred by the City, or private commercial developers to provide said Public Infrastructure Improvements, including but not limited to purchase and installation of structures, engineering and legal fees. E. Onsite Easement and Improvements. In the event that during the development of the Subject Property, DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject 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 Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plan and 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 1 [CH02/22242448 17] 2H293[d 4 [22242448] 5[2/12/04] 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. The CITY also agrees to support and cooperate with OWNER and DEVELOPER to obtain access to IL Route 47 and/or Galena Road, with applicable government agencies. 25. 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, the CITY shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plan. In the event an offsite easement is required which was not contemplated in the Preliminary Plan due to a change in circumstances, or in the event the CITY is unable to acquire such necessary offsite easement, the CITY shall exercise itsower of eminent domain to acquire the same, in p q accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a result thereof. 26. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan 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, unless the CITY shall be in material breach of this Agreement. Nothing herein shall preclude OWNER or DEVELOPER from pursuing any other remedy available to it, judicial or otherwise, for breach of this Agreement by CITY. 27. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 28. ANNEXATION FEE. The CITY hereby confiuns and agrees that no City annexation fee shall become due or payable as a result of the development and build-out of the Subject 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 Subject Property, except as otherwise provided in this Agreement. 29. TRANSFER. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer,mortgage and assign all or any part of the Subject Property or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER and DEVELOPER have under this 1 [C�02 22242448.17 1 2[13 03[-] 4[22242-448] [2/12/04] Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for any security posted by OWNER and DEVELOPER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph 29, the indemnity, defense and hold hanuless provisions of Subparagraph and Paragraph , shall be the obligation of the specific owner and/or owners of that portion of the Subject Property upon which such work and/or utility installation is occurring. 30. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER and DEVELOPER in obtaining all permits and approvals required by the YBSD, the County of Kendall and all other governmental units in connection with the contemplated development of the Subject Property. 31. GENERAL PROVISIONS. A. Enforcement. 1. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 2. In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 1 [cIO2/22242448.17] 2L] 3[ ] 4[22242448] 5[2/12/04] 3. In the event the performance of any covenant to be performed hereunder by either OWNER, DEVELOPER or the CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case) the time for such performance shall be extended by the amount of time of such delay. 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 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 1 [CH02/22242448.171 2LJ323LI 4[22242448] 5[2/12/04] business day following the date sent by certified or registered mail, return receipt requested,postage prepaid, addressed as follows: (i) If to DEVELOPER: Ocean Atlantic 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703) 299-6060 Fax: (703) 299-6199 with a copy to: Gardner Carton& Douglas 191 N. Wacker Drive Suite 3700 Chicago, IL 60606 Attn: Sanford M. Stein Phone: (312) 569-3000 Fax: (312) 569-3229 (ii) If to OWNER: John or Richard Undesser, Jr. 10318 Galena Road Bristol, IL 60512 with a copy to: Robert E. Nelson Attorney at Law Keystone Building 30 South Stolp Avenue, Suite 402 Aurora, IL 60506 Phone: (630) 892-4344 Fax: (630) 892-4371 (iii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 Phone: (630) 553-4350 Fax: (630) 553-7575 1[C1102/2224244817 1 2[13 3 3 H 4[22242448] 5[2/12/04] with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL Phone: (630) 553-9500 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected 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 Subject 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 Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the 1[C1-IO2/22242448 17] 2L]343H 4 [22242448] [2/12/04] terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for 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. Unless specifically set forth to the contrary herein, 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. O. Highways 47, Galena Road, and Comeils Road Entrances. DEVELOPER agrees to comply and pay the cost of compliance with all requirements with regard to entrances into the development from State Highway 47, Galena Road and Comeils Road. P. Time Is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Exculpation. It is agreed that the CITY is not liable or responsible for any p g p restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. 1[CHQ2/22_242448.17.1 2L] 3[_j 4[22242448] 5[2/12/04] 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: CITY: OCEAN ATLANTIC CHICAGO, LLC, UNITED CITY OF YORKVILLE, an A Delaware Limited Liability Company By: Ocean Atlantic Service Corp., Manager By: By: John C. Carroll Mayor Title: President Attest: Dated: Dated: OWNER: ESTATE OF RICHARD & HENRIETTA UNDESSER By: Title: Dated: By: Title: Dated: 1 [c iQ2/22242448.17] 2L]363[ ] a [22242448] 5[2/12/04] LIST OF EXHIBITS EXHIBIT"A" UNDESSER PROPERTY LEGAL DESCRIPTION EXHIBIT "B" ANNEXATION PARCEL LEGAL DESCRIPTION EXHIBIT "B-1" PLAT OF ANNEXATION EXHIBIT "B-2" AMENDED ZONING DISTRICT LEGAL DESCRIPTIONS EXHIBIT"B-3" GRAPHIC DESCRIPTION OF AMENDED ZONING DISTRICTS EXHIBIT"C" PRELIMINARY PUD PLAN EXHIBIT "C-1" ALTERNATE PUD PLAN EXHIBIT "D" PRELIMINARY LANDSCAPE PLAN EXHIBIT "E" PRELIMINARY ENGINEERING PLAN EXHIBIT"F" COMMON FACILITIES PLAN EXHIBIT "G" RIGHT TO FARM STATEMENT AND STATEMENT AUTHORIZING CONTINUING BUSINESS OPERATIONS EXHIBIT"H" DEVIATIONS FROM LOCAL CODES EXHIBIT"I" EASEMENT AGREEMENT WATER MAIN FACILITIES EXHIBIT "J" OPEN SPACE ALLOCATION EXHIBIT EXHIBIT "K" WESTBURY VILLAGE HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT "L" SECURITY INSTRUMENT IRREVOCABLE LETTER OF CREDIT EXHIBIT "M" PENDING ORDINANCE AMENDMENTS EXHIBIT"N" APPLICABLE BUILDING CODES 1[CH02/22242448.17] 2[_]373{d 4 [22242448] 5[2/12/04] EXHIBIT "0" YORKVILLE SCHOOL DISTRICT SCHOOL DISTRICT SITE LETTER EXHIBIT "P" ADJACENT ROADWAY IMPROVEMENT EXHIBITS EXHIBIT"Q" RECAPTURE IMPROVEMENTS BENEFITTED PROPERTIES EXHIBIT "R" SPECIAL TAX BOND POLICY 1 [CH02/22242448.17] 2[1383H 4 [22242448] 5[2/12/04] 1[CH02/22242448.17] 2[d393H 4 [22242448] 5[2/12/04] WARNING: This section retains the original formatting, including headers and footers, of the main document. 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To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. 22242448 2//12/04 [CH02/22242448.17] 76{C€402/''2212118.161 22242448 ?//12/04 �[CH02/22242448.17_] Document comparison done by DeltaView on Thursday, April 29, 2004 2:11:16 PM Input Document 1 Powerpocs://CH 02/22242448/16 Document 2 Powerpocs://CH 02/22242448/17 Rendering set GCD Options Legend - A [Insertion ] {Deletion } Moved from Moved to Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 31 Deletions 43 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 76 04/29/2004 10: 32 630553437777 CITYHOFOYORKVILLE PAGE 02 ORDINANCE NO. 04-- AN ORDINANCE TO AMEND SECTION OF THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS Snow Deposits on Streets WHEREAS, after careful consideration by the Mayor and City Council it has been determined that snow deposited onto City streets from residents driveways and sidewalks has become a serious problem; and WHEREAS, the snow deposited back onto the streets becomes packed by traffic and subsequently becomes a traffic safety issue; In that if the packed snow on the streets does not melt, it can become a problem during the next City snow removal; and NOW THEREFORE, the Mayor and City Council of the UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved, hereby ordain as follows' SECTION 1: DEPOSITS ON STREETS, SIDEWALKS: Section of the Code of Ordinances shall be amended to add the following: 1. It shall be unlawful to deposit snow on to the streets while removing snow from resident driveways and sidewalks, 2. Violation of this Ordinance shall result in a Fifty Dollar($50.00) fine per occurrence. 3. Any United City of Yorkville inspector, employee, officer a citizen observing a violation of said ordinance may file a complaint by notifying the United City of Yorkville Police Department. 04/29/2004 10:32 630553437777 CITYHOFOYORKVILLE PAGE 03 SEVERABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. REPEALER: Any Ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE: This Ordinance shall be in full force and effect 15 days from and after its passage and approval by the Mayor and City Council. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004 PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA O'HARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2004, Mayor PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2004, City Clerk This Document Prepared by: Law Offices of Daniel J.Kramer 1107A South Bndge Street Yorkville, IL 60560 630-553-9500 ; UNITED CITY OF YORKVILLE To: Tony Graff, City Administr for From: Joe Wywrot, City Engineer Subject: Game Farm Road/Somonauk- treet —Phase 1 Engineering &MFT Resolution Date: April 28, 2004 Attached find a proposal from Smith Engineering Consultants to perform Phase 1 Engineering Services for the proposed Game Farm Road/Somonauk Street project. The proposal is for the amount of$199,365.00. Also attached is an MFT appropriation resolution in the amount of$199,365.00 to pay for these services. This project has been approved for funding through the Kane County Council of Mayors. Phase 2 Engineering is funded 50% through the KCCM, and Construction and Phase 3 Engineering, would be funded at the 75% level through the KCCM. The municipality is required to fund 100% of Phase 1 Engineering. Since this project must comply with IDOT guidelines, I recommend that we use Motor Fuel Tax funds for our share of the engineering and construction costs. Phase 1 Engineering requires coordination with IDOT and the Federal Highway Administration. The contract documents and the scope of work have been reviewed by IDOT and the Kane County Council of Mayors. I also checked two sources to confirm that the cost of this work falls within noinual range for this type of work. This item was recommended for approval by the Public Works Committee at their meeting on February 23, 2004. Please place the engineering agreement and the MFT resolution item on the Committee of the Whole agenda of May 4, 2004 for consideration. Cc: Dan Kramer, City Attorney Traci Pleckham, Director of Finance Liz D'Anna, Deputy City Clerk Construction Illinois De artment Resolution for Improvement by p Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From ( To Game Farm Road/Somonauk Street IL Route 47 US Route 34 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Phase I engineering for the reconstruction of Game Farm Road and Somonauk Street from IL Route 47 to US Route 34 in Yorkville, Illinois. and shall be constructed wide and be designated as Section 03-00031-00-FP 2. That there is hereby appropriated the (additional ❑ Yes ❑ No) sum of One Hundred Ninety-Nine Thousand Three Hundred Sixty-Five Dollars ( 199,365.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED I, Clerk in and for the City of Yorkville City,Town or Village County of Kendall , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of District Engineer (SEAL) Clerk City,Town or Village BLR 4103(Rev. 11/00) Municipality L Name City of Yorkville 0 Illinois Department C Smith Engineering Consultants, Inc. of Transportation o Township A S Address L Preliminary Engineering 759 John Street County A Services Agreement L Ci ty G For T Kendall E Motor Fuel Tax Funds A Yorkville N Section C T State 03-00031-00-FP Y Illinois THIS AGREEMENT is made and entered into this day of , between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Game Farm Road and Somonauk Street Reconstruction Route Length 1.0 Mi. FT (Structure No. Termini IL Route 47 to US Route 34 Description: Preparation of Phase I documents. Phase I work to include survey, soils report, two (2) intersection design studies, and the preparation of an ESR form, Phase I report, roadway geometry and a location drainage study. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles an analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. Note: Four copies to be submitted to District Engineer BLR 4301 (Rev. 5/2000) Page 1 of 4 I - h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ® Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads & Streets. k. ® Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in Appendix A, attached. paragraphs 9 1g, 1i, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. 2. - -- - - •e- - e •- -- -- -- , , , , , • - - -- • - - - -- -- -- - • performing such work plus - - • - -- - e e • , - •--e -•e -- - - - -- -- -- " - e- •-e as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out of pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. BLR 4301 (Rev. 5/2000) Page 2 of 4 "Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost- being the work required by paragraphs la through 1g under THE ENGINEER AGREES-to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under"a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through lh and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 158.62 percent incurred up to the time he is notified in writing of such abandonment-"actual cost" being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 158.62 percent to cover profit, overhead and readiness to serve-"actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that"changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. BLR 4301 (Rev. 5/2000) Page 3 of 4 IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: City of Yorkville of the (Municipality!Township/County) ATTEST: State of Illinois, acting by and through its By Clerk By (Seal) Title Executed by the ENGINEER: Smith Engineering Consultants, Inc. 759 John Street ATTEST: Yorkville, Illinois 60560 By By i Ar' Title Title li/cam �i�: i•��-c�l�� BLR 4301 (Rev.5/2000) Page 4 of 4 SCl/Structuralmith Engineering EnConsultantsand , Inc. gineers Surveyors APPENDIX A PROPOSAL/AGREEMENT PHASE I STUDY AND DESIGN REPORT Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Faint Road Yorkville, Illinois 60560 Phone: (630) 553-8545 Fax: (630) 553-7575 GAME FARM ROAD/SOMONAUK STREET RECONSTRUCTION FROM U.S. ROUTE 34 TO ILLINOIS ROUTE 47 Job No. YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30, 2004 Prepared by: Camie R. Ferrier, P.E. Project Manager Reviewed by: James F. Hoving, P.E. Vice President 759John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 Mr.Joseph Wywrot United City of Yorkville Game Fautl/Somonauk Phase I STP YORK-040098-02, 04 February 17,2004 Revised March 16, 2004 Revised March 30,2004 Page 2 Project Understanding The United City of Yorkville intends to improve Game Farm Road/Somonauk Street from U.S. Route 34 to Illinois Route 47. It is anticipated that Game Farm Road/Somonauk Street will be designated as a Federal Aid Urban Route. The proposed improvement generally consists of the reconstruction and addition of a median/two-way left turn lane from U.S. Route 34 to Illinois Route 47. Other improvements include the addition of curb and gutter, stomu sewer, sidewalks, lighting and traffic signal modernization. The United City of Yorkville intends to utilize Surface Transportation Program (STP) funds for the construction of the proposed improvements. The estimated construction cost is $1,760,000 (2003 dollars). In order to be eligible for STP funding, a Phase I Engineering study needs to be prepared to federal standards (Federal-Aid Urban Guidelines). The study must be approved by IT)OT (District #3) and the FHWA prior to commencing the design phase (or beginning R.O.W. acquisition). Scope of Work Smith Engineering Consultants, Inc. (SEC) will prepare a Phase I study and design report for the proposed improvement of Game Faun Road/Somonauk Street. The logical teimini for this study and report are U.S. Route 34 to Illinois Route 47. The Phase I study and report are to be prepared to Federal Standards for a "reconstruction"project. It is assumed that limited R.O.W. acquisition (one (1) parcel identified in the STP application) will be necessary. Given the limited R.O.W. required and the nature of this improvement, it is assumed that the project will proceed as a Categorical Exclusion Group 2 project. SEC will perform the following tasks as part of this contract: I. DATA COLLECTION A. Complete a topographic survey including cross-sections from U.S. Route 34 to Illinois Route 47. The survey will encompass the existing R.O.W and 50' beyond the R.O.W. lines. At the intersection of Game Farm Road and U.S. Route 34, the survey will include only minor pick-up of the new traffic signals. It is assumed that a recent survey at this intersection performed for the City of Yorkville by SEC will be utilized. At the intersection of Somonauk Street and Illinois Route 47, the survey will include 1000' feet north and south of the intersection and 1000' east of the intersection. At the other intersections between U.S. Route 34 and Illinois Route 47, the survey will include 500' Mr. Joseph Wywrot United City of Yorkville Game FainiSomonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30, 2004 Page 3 on the minor legs of the intersection. The top of foundations of houses within 50' of the existing R.O.W. will also be surveyed. Finally, the nearest edge of parking lots will also be surveyed. See attached exhibit depicting the survey limits. B. Prepare aerial mosaics. Adjacent land uses, property owners, parcel numbers and general information will be super-imposed on the aerial photography at 1" = 50' scale. It is assumed that the City of Yorkville will provide the aerial at 1" = 50' resolution (preferred). C. Obtain existing traffic counts at the following intersections: - U.S. Route 34 and Game Road - Illinois Route 47 and Somonauk Street - Somonauk Street and West Street - Somonauk Street and King Street - Somonauk Street and Church Street It is assumed that the City will supply School and City Hall traffic counts and turning movements. D. Obtain accident data for the project limits. City to supply accident reports from Police Department. SEC to obtain accident data from IDOT for the intersections of U.S. Route 34 at Game Farur Road and Illinois Route 47 at Somonauk Street. E. Obtain soil borings, an analysis of soil conditions, and a detailed soil report for the improvement. The soils report will be prepared in accordance with LOOT standards for soil boring placement, analysis, and report founat. F. Call JULIF to obtain a list of utilities within the project limits. Coordinate with utility companies to obtain maps of utilities within the project limits. Place this information on the CADD base map. G. Obtain floodplain and drainage area information for use in the Location Drainage Study. H. Inventory speed limit signs to determine posted/design speed along Game Farm Road/Somonauk Street, Illinois Route 47 and U.S. Route 34. II. ENVIRONMENTAL COORDINATION A. Prepare and submit an Environmental Survey Request Foun to IDOT. This submittal will be for biological, cultural, historical preservation and hazardous waste screening. It is assumed that the limits of the ESRF will be 30' outside of the existing R.O.W. for potential R.O.W. and/or Construction Easements. B. Coordinate mitigation with affected environmental agencies (IDNR, IHPA, Illinois State Fire Marshall) and obtain appropriate sign-off s /clearances. If Special Waste sites are found to be in the study area, a more detailed study may be required which should be performed by a qualified special waste consulting firm. Mr.Joseph Wywrot United City of Yorkville Game Farm/Somonauk Phase I STP YORK-040098-02, 04 February 17,2004 Revised March 16,2004 Revised March 30,2004 Page 4 C. Given the type of improvement and after a cursory review of the project area, it is anticipated that a wetland delineation, noise analysis, air quality analysis, 4(f) coordination, or a tree survey will not be required. 111. PRELIMINARY ENGINEERING A. Analyze accidents for the past three years along project length. Accident diagrams and a summary will be provided. B. Prepare an intersection design study for the following intersections showing proposed geometrics, traffic signal timing/ sequence, and capacity analysis results using standard IDOT format. SEC will coordinate scope of improvements and desired level of service with the IDOT. - U.S. Route 34 and Game Farm Road - Illinois Route 47 and Somonauk Street - It is assumed that there will be no improvements to U.S. Route 34. It is assumed that there are no other intersections that will require an intersection design study. Pending results of coordination between the City of Yorkville and IDOT, the IDS at Illinois Route 47 and Somonauk Street may be eliminated from this contract. C. Prepare the roadway geometry for the realignment of the Game Farm Road and Somonauk Street intersection(west end of Somonauk Street). It is assumed that an Intersection Design Study will not be required for this intersection. D. Complete an analysis of the existing pavement conditions and a pavement design for the proposed roadway. E. Prepare typical sections. It is assumed that 17 typical sections will be prepared (7 existing and 10 proposed). F. Develop horizontal geometry and vertical profile for the remainder of Game Farm Road/Somonauk Street. Prepare plan and profile sheets for proposed improvements. It is assumed that the drawing scale will be 1" = 50', resulting in 10 sheets. G. Incorporate sanitary sewer and water main improvements designed by others into the plans as necessary. This item does not include the design of sanitary sewer and water main by SEC. H. Prepare templated cross-sections depicting proposed typical sections along with parkway details such as sidewalk, small drainage swales or drainage items. The templated cross-sections will be utilized to deteiniine the limits of construction and if any construction easements or additional R.O.W. are needed. Parcel plats and construction easements are not included in this proposal. If needed, parcel plats and easements will be completed under a separate contract. I. Complete a Location Drainage Study(LDS) in accordance with requirements outlined in the 1998 IDOT/CECI Drainage Seminar Manual. An existing drainage plan will be completed, a proposed drainage plan will be completed, stoiiu sewer will be designed Mr. Joseph Wywrot United City of Yorkville Game Farm/Somonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30, 2004 Page 5 and stounwater detention determined. The drainage area to the storm sewer system will be delineated and discharges calculated. The storm sewer sizing will be completed in accordance with Yorkville's and IDOT's requirements. A LDS will be the deliverable for this portion of the project. Although the Blackberry Creek floodplain on U.S. Route 34 is approximately 400' west of the intersection with Game Farm Road, no encroachment/impact is expected as a result of this project. Any additional work as a result of floodplain impacts will be completed under separate contract. No culvert analyses are expected as part of this project. The National Wetlands Inventory(NWI) mapping for the area indicates there are no wetlands present within the project limits. J. Include street lighting in the plans at an assumed spacing. This item does not include design of the street lighting system or controller. K. Prepare a construction staging plan for the proposed improvements. This task does not include design of temporary traffic signals. L. Prepare an Engineer's Opinion of Probable Cost. M. Time is allotted for Quality Assurance/Quality Control as part of the proposal. IV. PROJECT REPORT A. Prepare a project report using DOT Form BLR-5250 as an outline for the report format. It is assumed that a preliminary and a final report will be submitted. B. Time is allotted for QA/QC as part of this proposal. V. MEETINGS/COORDINATION A. Coordinate proposed improvements with the City of Yorkville at Bi-Monthly Coordination Meetings with City Staff. This will provide a regular update of the project status and allow us to obtain information and/or decisions on the project in a timely manner. B. Attend two (2) Bi-Monthly I DOT #3/FHWA Coordination meetings at IDOT District 3. C. Attend and prepare exhibits for a Public Informational Meeting. The City will arrange a location and provide any necessary public notices. It is assumed that a formal public hearing will not be needed. D. Other public involvement activities will include the following: - Notification to State/Local Clearinghouses - Notification to Area Legislators - Two (2) formal presentations to the City. - Certified letters to affected property owners. (It is assumed that only one parcel is being affected as only one (1) parcel was identified in the STP application). - Coordination with the School District and the Library District. - Attend one (1) meeting with the Kane County Council of Mayors. Mr. Joseph Wywrot United City of Yorkville Game Farm/Somonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30, 2004 Page 6 E. Administration—This includes monthly status reports, monthly billing reports and general project administration. VI. ANTICIPATED PROJECT SCHEDULE It is anticipated that the Phase I Engineering Study will take approximately 18 to 24 months to complete from Notice to Proceed. VII. RESPONSIBILITIES OF THE CLIENT A. The scope of services is based on the understanding that the City will provide the following: 1. A key contact individual who is familiar with the project and who will work with SEC as needed during this project; 2. Provide current aerial photography. (1" = 50' resolution is preferred) 3. Review and approval of a preliminary draft report; 4. Attendance and participation at meetings as required; 5. Necessary resolutions for funding applications for financial assistance; and 6. A meeting room for the public infoiniation meeting. VIII. EXCLUSIONS A. The following items are not included in this contract. Several of these items can be completed under a separate contract at an additional cost: 1. Street Light Design 2. Landscape Design 3. 4(f) Involvement 4. Box Culvert or Structural Design 5. Noise Analysis 6. Air Quality Analysis 7. Tree Survey 8. Wetland Delineation 9. Parcel Plats for R.O.W. or Construction Easements 10. Environmental Class of Action Determination Documentation Mr. Joseph Wywrot United City of Yorkville Game Farm/Somonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30, 2004 Page 7 Man-hour and Fee Summary Based upon our understanding of the project, we believe a maximum of 2,100 hours will be required to complete the project. Following is a summary of the man-hour estimate and costs associated with this project to be administered on a time and material basis not to exceed $199,365.00 ITEM MAN-HOURS LABOR COST DIRECT COST Survey(-04) 290 $ 21,910.00 Traffic (-2) 30 $ 2,930.00 $ 8,000.00 Accident Analysis (-2) 44 $ 3,460.00 Environmental Coordination(-2) 34 $ 2,830.00 Intersection Design Study US Route 34 (-2) 102 $ 8,730.00 $ 125.00 Intersection Design Study 110 $ 9,650.00 $ 150.00 IL Route 47 (-2) Preliminary Roadway Design (-2) 636 $ 50,220.00 $ 11,360.00 Drainage Study(-2) 384 $ 34,780.00 Design Report (-2) 172 $ 14,580.00 $ 500.00 Meetings/Coordination (-2) 258 $ 24,240.00 $ 500.00 QA/QC (-2) 40 $ 5,400.00 Sub-Total 2,100 $178,730.00 $ 20,635.00 TOTAL $199,365.00 The attached Appendix B includes additional infoiutation regarding manhours and direct costs. Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. The attached employee classification rate schedule(year 2004)shall be used in determining the costs. n, Mr. Joseph Wywrot United City of Yorkville Game Fam lSomonauk Phase I STP YORK-040098-02, 04 February 17,2004 Revised March 16,2004 Revised March 30, 2004 Page 8 Outside Consultants SMITH ENGINEERING CONSULTANTS,INC. (SEC)is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Design Without Construction Review It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or performance. It is further agreed that the CLIENT will defend, indemnify and hold harmless SEC from any claim or suit whatsoever, including but not limited to all payments,expenses or costs involved,arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. SEC agrees to be responsible for its employees negligent acts,errors or omissions. If the CLIENT desires more extensive project observation or full-time project representation,the CLIENT shall request such services be provided by SEC as Additional Services in accordance with the terms of the Agreement. Attorneys' Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. • Certificate of Merit The CLIENT shall make no claim for professional negligence,either directly or in a third party claim,against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a)contain the name and license number of the certifier;b)specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC'S employees and subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means,methods,sequence,techniques or procedures necessary for performing,superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, SEC and SEC'S consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Mr.Joseph Wywrot United City of Yorkville Game Faim/Somonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30,2004 Page 9 Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CLIENT's sole risk, and CLIENT shall indemnify and hold harmless SEC from all claims,damages and expenses including attorney's fees arising out of or resulting therefrom. Ownership of Instruments of Service All reports,plans,specifications,field data,field notes,laboratory test data,calculations,estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five(5)years following completion/submission of the records,during which period they will be made available to the CLIENT at all reasonable times. Drywells,Underdrains and Other Infiltration Devices Services provided by SEC under this AGREEMENT do NOT include the geotechnical design of drywells,underdrains,injection wells or any other item that may be devised for the purpose of removing water from the CLIENT'S property by infiltration into the ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason SEC does not recommend the use of these devices,in some cases their use may be necessary to obtain an adequate amount of area for development on the CLIENT'S property. Since the use of these devices is intended to enhance the value of the CLIENT'S property and, in some cases, allow development that would otherwise not be possible,the CLIENT will assume all risks inherent in the design and construction of these devices,unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to: 1. Failure to obtain the required release rate; 2. Variability of the soils encountered during construction from those encountered in soil borings; (Soils can vary widely over a small change in location,horizontal or vertical,particularly with regards to permeability.) 3. Failure of the device due to siltation,poor construction or changes in the water table; 4. Need to obtain additional soils information(i.e.borings etc.)to evaluate the function of installed devices; 5. Reconstruction of failed or inadequate devices; 6. Enlargement of detention/retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement; and 7. Regular maintenance to remove accumulated silt over the device's life span. If the use of these devices is required SEC will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub-contracted through SEC nor are their fees included as part of this AGREEMENT. SEC will work together with this consultant to obtain a final design. Our collaboration may include the use of a common standard detail or the creation of a new standard detail.SEC may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The Geotechnical Engineer will evaluate these suggested details and modifications based on his experience and measured soils information to estimate the release rate for each detail considered. SEC may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system. This rate may be faxed to us,as a draft copy of the Geotechnical Engineers report or as a final copy of that report. In no case will SEC accept responsibility for the determination of the expected release rate of these devices. Mr.Joseph Wywrot United City of Yorkville Game Fairu/Somonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30,2004 Page 10 If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review,the CLIENT shall assume all risks that the devices may fail requiring additional geotechnical investigation or reconstruction. Any construction inspection services provided by SEC shall not include inspection of these devices. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow SEC'S guidance with respect to any errors, omissions,inconsistencies,ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SEC'S plans, specifications or other instruments of service. Accordingly,the CLIENT waives any claim against SEC,and agrees to defend,indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC'S plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors,omissions,inconsistencies,ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans,specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended,designed,or specified by SEC. SEC is not a construction cost estimator or construction contractor,nor should SEC'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires SEC to make a number of assumptions as to actual conditions that will be encountered on site;the specific decisions of other design professionals engaged;the means and methods of construction the contractor will employ;the cost and extent of labor, equipment and materials the contractor will employ;contractor's techniques in determining prices and market conditions at the time,and other factors over which SEC has no control. Given the assumptions which must be made,SEC cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against SEC relative to the accuracy of SEC'S opinion of probable construction cost. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form only for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be used by the CLIENT,or transferred to any other party,for use in other projects,additions to the current project,or any other purpose for which the material was not strictly intended by SEC without SEC'S express written permission. Any use or reuse of original or altered CADD design materials by the CLIENT,agents of the CLIENT,or other parties without the review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore,the CLIENT agrees to defend, indemnify,and hold SEC harmless from all claims,injuries,damages,losses,expenses,and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs,plans, and data stored on electronic media including,but not limited to computer disk and magnetic tape,may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT,therefore,agrees that SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period,during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT,SEC shall submit a final set of sealed drawings,and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. n, Mr. Joseph Wywrot United City of Yorkville Game Farm/Somonauk Phase I STP YORK-040098-02, 04 February 17, 2004 Revised March 16, 2004 Revised March 30, 2004 Page 11 Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably,it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees, to the fullest extent permitted by law,to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims,losses, costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys'fees and costs and expert witness fees and costs,so that the total aggregate liability of SEC and its subconsultants to all those named shall not exceed SEC'S total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. Hazardous Materials It is acknowledged by both parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC'S services, SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s)to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services.These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 45 days of the invoice date Should the CLIENT fail to pay for professional services hereunder, as billed within 45 days of such billing, SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance, please sign both copies,retain one copy for your files and return one to our office. Y/Jobs\Smith\2004\040098 Game Farm Phase I\administration\contract\040098-Proposal-Game Farm Ph I revised 033004.doc Smith Engineering Consultants, Inc. Civil/ Engineers and Surveyors Smith Engineering Consultants, Inc. RATE SCHEDULE - 2004 PRINCIPAL $ 135.00/HR ASSOCIATE $125.00/HR STRUCTURAL ENGINEER $ 120.00/HR SENIOR PROJECT MANAGER $ 110.00/HR PROJECT MANAGER $ 95.00/HR PROJECT ENGINEER $ 85.00/HR SURVEYOR III $ 90.00/HR SURVEYOR II $ 75.00/HR SURVEYOR I $ 65.00/HR SURVEY TECHNICIAN $ 30.00/HR CONSTRUCTION ENGINEER III $ 95.00/HR CONSTRUCTION ENGINEER II $ 80.00/HR CONSTRUCTION ENGINEER I $ 60.00/HR SR. ENGINEERING TECHNICIAN $ 70.00/HR ENGINEERING TECHNICIAN $ 65.00/HR OPERATIONS MANAGER $ 85.00/HR OPERATOR $ 55.00/HR CLERICAL $ 45.00/HR ADMINISTRATIVE $ 50.00/HR PRINTS/IN HOUSE* $ .35/SQ FT MILEAGE* $ .45/MILE PROPERTY IRONS* $ 2.50/EA HUB/LATH* $ 2.00/EA MAILING/SHIPPING* VARIABLE *Indicates Reimbursable Items 759 John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 I00,0008 iI moir'.i o? EF,,,,, PI :i-1 ;1 S Z33,37,282i 1 » r w 4 C 111111 nil r __ - _ 2:n - _ ,',., _ r , Ei j i i , , i 1 , t J I 11111111 111111 Y ' '11111111111 ,,, , , , „,,, . . . ,,,_ • I11111 "III »» I 1 , , I I IIll !I , , !IlIlIllIlIlIll111011111l :11101111 11111 1 11111111 111 i 11111001I , ,‘ 1111 , , , , , w i011111111 ' IN Ill1 l 11111 , . , , , , I 111111 , , 11 i ill',1- m1111 , , , ,,,, , , , I � , • , u 1111I � I � 110, III l --, i , - , , , , , ,IiI . I r111111 , , ._, , , l l11111111 , 1,, 111111 111111 -�_ EE11111111 l - _ p alis 2 EU ,_= yll ' o E « 'I 1 a EN all 1 ,1,° 2 I 2 _ mE E a - cf N v� • E- _ 1 EEa 1c4 i ig 11 I I a 0 _ i � 1 183 _ _ l 1 o u 11 1 r lA - a A ° I¢ a 0 • a 0 2 1:11 111 Ez Ev 12 la a 3Enx g _ m I„ � I l aJaE APPENDIX B Direct Costs Intersection Design Studies - US Route 34 Preliminary IDS 4 sheets x 6 sq ft/sheet x $0.35/sq ft x 3 sets _ $25.20 Final IDS (paper) 4 sheets x 6 sq ft/sheet x $0.35/sq ft x 3 sets = $25.20 Final IDS (mylar) 4 sheets x 6 sq ft/sheet x$2.50/sq ft x 1 set = $60.00 Total $110.40 Intersection Design Studies - IL Route 47 Preliminary IDS 5 sheets x 6 sq ft/sheet x $0.35/sq ft x 3 sets = $31.50 Final IDS (paper) 5 sheets x 6 sq ft/sheet x $0.35/sq ft x 3 sets = $31.50 Final IDS (mylar) 5 sheets x 6 sq ft/sheet x $2.50/sq ft x 1 set = $75.00 Total $138.00 Preliminary Roadway Design Preliminary Phase I Plans 67 sheets x 6 sq ft/sheet x $0.35/sq ft x 3 sets = $422.10 Final Phase I Plans 67 sheets x 6 sq ft/sheet x $0.35/sq ft x 3 sets _ $422.10 Total $844.20 Design Report Preliminary Phase I Report 5 Reports x $20/report (exhibits are separate) = $125.00 Final Phase I Report 15 Reports x $20/report (exhibits are separate) = $375.00 Total $500.00 uti i o/ Gnb4 6t: i l ( 4488724 TRAFFIC SURVEY INC PAGE 91 • • TRAFFIC SURVEYS, INC. 9110 West Hillcrest Lane . Palos Park,IL 60464 . (708) 448-5306 . FAX (708) 448-8724 February 13, 2004 Ms. Camie Ferrier Smith Engineering Consultants, Inc. 759 John Street Yorkville, IL 60560 RE: Manual Traffic Counts Game Farm Road/Somonauk St. Yorkville, Illinois Dear Ms. Ferrier: As a follow up to your fax regarding five manual traffic counts at the locations listed below in Yorkville, Illinois I offer the following proposal: Game Farm Road and U.S. 34 Somonauk St. and IL 47 Somonauk St. and West St. Somonauk St. and King St. Somonauk St. and/Church St. Five--12 hour manual traffic counts at the above locations $8,000.00 from 6:00 a.m. to 6-00 p.m. recorded in hourly increments with peak hours recorded in 15 minute increments from 6:30 to 8:30 and 4:00 to 6:00 p.m. Total $8,000.00 Manual traffic counts include all turning movements and classification of autos, single unit trucks and multi-unit vehicles. Counts will be conducted from noon Monday through noon Friday, but not necessarily performed simultaneously. All travel, mileage and computer expenses are included in this cost. Count summaries will ; 'ovided in Traffic Surveys' format and in the State format reflecting seasonal adjustment. Should you have ar•a questions, please feel free to contact ma. Cordially, OCa0-1 Carol S. Vandervelde, President Feb-17-04 09 : 19A SHA MCHENRY 18153858456 P . 02 SCHLE EDE ASSOCIATES !R( C ONSl11 .T (NG F,NG1N('.1'.RS February 17, 2004 Ms. Camiu Ferrier Smith Engineering Consultants, Inc. 202 South Bridge Street Yorkville, Illinois (10560 Re: Proposal for Roadway Soil Survey Game Farm Road/Somonauk Street Improvements US Route 34 to Illinois Route 47 Yorkville, Illinois Dear Ms. Merrier: We are pleased to have the opportunity to submit the following proposal for the performance of a soil exploration on the referenced project. Project Description aid Scope pf Work The roadway improvements proposed reconstruction of Game Farm Road/Somonauk Street from US Route 34 to Illinois Route 47, an approximate length of 5000 feet. Improvements include resurfacing on two legs of CIS Route 34 and on three legs of Illinois Route 47 and Somonauk east of 47. About 500 lineal feet of Somonauk Street, which takes traffic to the southwest from the intersection of Game Farm and Somonauk is scheduled to be realigned. For these improvements we anticipate twenty (20) soil borings for roadway subgrade conditions. Te roadway subgrade borings will be made to a depth of six (6) feet below the surface. To determine the existing pavement section on Game Farm Road, Somonauk Street, US Route 34 and 11. Route 47 a total of Len ( l0) pavement cores are planned. M thocl of l'erfr�rnl ce Field W The soil exploration will be accomplished by performing soil profile borings for the roadway improvements. a) The soil survey borings will be extended to a minimum depth of six (6) feet and will incorporate standard penetration tests and split-spoon sampling at with sampling at one to three feet and from four to six feet below the surface. u<,`c 11, ',1 1 I< ! 1 \1>i�l? l rr if 1 uic)i.A!oin <i`. ,! K; i { ,I 11"1' ! „i'I \'.11111 11 k k10.0. 1 ',i I ,' lc, o�,\5L'i'i l l [n1' tiilll ( I,'•,I W, ' :��.I'.ht11Y•frti{"!. IJ '. (ilft��I 1111 0.1 '1 I I'.In000" ' , il.1 IN;11`,ldat:ili5 Feb- 17-04 09 : 20A SHA McHENRY 18153858456 P . 03 SCHLEEDE iI.1 vfI' I(1 A5 CC'IATE , - C'ONSULItNc.; i:ti(,f 'F:h,i�5 — -- -- ---- — h) Laboratory testing will include moisture content determinations, consistency (penetrometer value) determination on cohesive soil samples_ Soil classification testing and one [Nil test will he performed on major subgrade soil types. c) The pavement cores will he made with a 4-inch diameter core barrel and hand augering equipment extended to sample :411 pavement components and into the underlying subgrade soil. The pavement section information at the core location will be presented on a data sheet in tabular form. • In our proposal, we have included provisions for rough layout of the borings and have assumed that the final locations and elevations will be determined by Smith Engineering Consultants or will be 'referenced to centerline. stationing provided by the Engineer. Method of Performance -,.6nalvsis and Reoor,i The boring information including the. soil types and test data will be presented on plan and profile drawings, if required. The base reproducible plan and profile drawing would be provided by the design engineer. The results of this field exploration and laboratory testing would he used in an analysis and formulation of our recommendations. Major subject areas for our analysis, • recommendations and report would consist of stating the existing subsurface soil and ground water conditions, the existing pavement section components, and subgrade soil conditions, • A Registered Professional Engineer will prepare a written report summarizing • and presenting the data and recommendations. The roadway soil exploration will be performed in compliance with the current Illinois Department of Transportation Geote.chnical Manual. • 'l'iming and. Fees We will begin on work after notice to proceed. We plan on mobilizing and doing all the borings concurrently. The final report will be coordinated with the DSE as their design is completed. • • We propose to provide this work at the unit rates quoted on the attached Schedule of Services and Tees, Attachments 1.1 through 1.2. These estimated • quantities and unit rates are based on information as outlined in this proposal and experience on past projects. On the basis of the above information, we estimate that these services can he provided for a fee of $ 10,510.00. • • • • Feb- 17-04 09 : 20A SHA McHENRY 18153858456 P _ 04 SCHLEEI)t: Atiti(;<:'iATl..ti. INC.. CONSULTING LtiC :`i }ZS �— - – --- – ------ —_ General • For this project, we will assign Mr. Stephen C. Schle.edc, P.E. as Principal in Charge and Mr. William J. Wyzgala, P.E. as Project Engineer. They and our staff are acquainted with the local subsurface conditions and have participated in the planning, development and execution of numerous highway soil explorations in this area. We are looking forward to working with you on this project. Respectfully submitted, SC:HLEEVE-IIAMPTON SSOCIATrS, INC. )t/ William J. Wyzgala, P.E. Project Engineer WJW/rlh Enclosure: Attachments 1.1, 12, and General Conditions • • ACC.aVI'; L)THIS,. DAY OF__.._ 2p BY: - i 111 Li FIRM: • Fb- 17-04 09 : 2OA SHA McHENRY 18153858455 P .05 ATTACHMENT 1.1 SCHEDULE OF SERVICES AND FEES • PHASE 1 (STP) REPORT - GANE FARM ROAD/SOMONAUK STREET US ROUTE 34 TO ILLINOIS ROUTE 47 - YORKVII I F, ILLINOIS Item. Estimated Quantity llnit Cost tixtention Field Services Mobilization of Truck Drilling Rig, and personnel, lump sum 1 $250.00 $250.00 Six Foot Deep Sail borings for Roadway Subgrade with split spoon sampling,/1.1. 120 $20.00 $2,400.00 Structure Borings for Traffic Signal Foundation Through earth and other materials except rock, encountered below ground surface, split spoon sampling at thirty (30) inch intervals, penetration record Unconfined compression tests (in cohesive soils) on samples retained, per lineal foot $15.00 Pavement Core, each 8 $85.00 $680.00 Traffic Control, signs, barricades, etc./day 1 .5 $660.00 $990.00 Field Services Total; $4,320.00 Laboratory Services Moisture Content Determinations, ea 70 $4.00 $280.00 Atterberg Limit Determinations, ea. 4 $60.00 $240.00 Grain Size Analysis, including hydrometer, ea. 4 $80.00 $320.00 Organic Content test, ea. 1 $55.00 $55.00 Illinois Bearing Ration Test, Including 1 $250.00 $250.00 Standard Proctor, Ea. Laboratory Services Total: $1 ,145,00 Enaineering Services for Soil. urvey Including: Layout Coordination & Utility Clearance and Permits Engineering Supervision of Soil Profile Borings Preparation of Soil Boring Profile Drawings, Analysis and Recommendations for Earthwork, Report Preparation, Consultation Estimated Cost (® Unit Rates Listed on Attachment 1.2) $5,045.00 TOTAL: $10,510.00 immimmmmmmommw Feb- 17-04 09 : 2OA SHA McHENRY 18153858456 P_ 06 ATTACHMENT 1 ,2 ENGINEERING SERVICES Our fees for Engineering Services will be based on the actual number of hours required to complete the work, and will he determined on a Unit Rate Basis at these rates for each classification of personnel: Estimat_edQuantity Rate/Hour Extentsion Principal Engineer, per hr. 0.5 $130.00 $65.00 Project Engineer, per hr. 8 $110.00 $880.00 Staff Engineer, per hr. 16 $85.00 $1,360.00 Field Engineer, per hr. 26 $75.00 $1,950.00 Draftsman/Tech., per hr. 14 $45.00 $630.00 Word Processing, per hr. 4 $40.00 $160.00 $5,045.00 Feb-17-04 09 : 21A SHA MCHENRY 18153858456 P . 07 EEFE(;TIVT JANUARY 1, 2004 SCHLEEDE-HAMPTON ASSOCIATES, INC. CIVIL - GEOTECHNICAL - CONSTRUCTION MATERIALS FEE AND RATE SCIIEDULE GENERAL CONDITIONS ENGINEERING AND ASSOCIATED SERVICES WE RESERVE TT IF, RIGHT TOSUSPEND OR TERMINATE WORK UNDER ORAL ACIREI MUNT UPON FAILTll1l. OP TILE CLIENT"r() Fees for our services will be based upon the time worked on I'AY INVOICES AS 1rLTl, the project at the following rates: Late Per (lour Project Engineer Project Mgr./Sr. Engineer, P.E. 1NSURANC:P, Project Mgr./Ser, P.E. We maintain Workman's Compensation Insurance and Project Engineer, Engineer Employer's Liability Insurance in conformance with state Field Engineer ties attached law. In addition, we maintain Gotnprehensive General Env. 'r proposal Liability Insurance and Automobile l iability Insurance with Sr. Technician Inc rates bodily injury (limit 51,000,000 each occurrence, S1,000„000 Technicianaggregate) and property damage (limit $1,0(1(1,000 each occurrence, S1,000,000 aggregate). CAI) Draftsman Draftsman Word Processing Within the limits of said insurance, we agree to hold the client harmless from and against loss, damage, injury or OVERTIME RITES: Applicable to all classifications below liability arising directly from the negligent acts or omissions Staff Eng. - 0.T. Rates are 1.4() times straight time of ourselves, our employees, agents, subcontractors and their employees and agents. If the client placed greater responsibilities upon us or requires further insurance RI IMiPURSABLE EX}'F.N, ]i5 coverage, we if specifically su directed will take out The following items are reimbursable to the extent of actual additional insurance (if procurable) to protect us, at the expenses: clients' expense_ But we shall nor he responsible for 1_ Transportation, lodging and subsistence for nut of town property damage from any cause, including fire and. travel explosion, beyond the amounts and coverage or our 2. Long distance telephone, telegraph and cable charges. insurance_ 3. Special mailings and shipping charges, 4. Special materials and equipment unique to the. project, S. Automobile travel on projects. LIMITATION OF PROFESSIONAi. LIABILITY b. Computer charges, The Client recognizes the inherent risks connected wish V construction. In performing our professional services, we will use that degree of care and skill ordinarily exercised, TEST IiOKINCiS AND FIELD INVESTICATTONS under similar circumstances, by reputable members of our On projects requiring test borings, test pits, or other profession practicing in the same or similar locality, Nu explorations, we may obtain the services of reputable other warranty, express or implied, is made Or intended by subcontractors to perform such work. the proposal for consulting service or by furnishing oral or written reports of the findings made. It is agreed that the Client will limit any and all liability, claim for damages, cost SPECIAL RATIESof defense or expenses to he levied against us on account or Per Diem ur other special rates can be established for any design defect, error, omission, or professional specific: projects when conditions indicate the desirability of negligence to a sum not to exceed 55(1,000, or the amount of such rates. our fees, which ever is greater. INCREASES iNVOiCES Fee schedule increases made by our firm on an ever-all Progress invoices will be submitted to the client monthly client basis will be applied to work on all projects as they and a final hill willhe submitted upon completion of the become effec.rive, At least 30 days advance notice of such services, Invoices will show charges fur different personnel increases will be given. and expense classifications. A more detailed separation of charges rind data will he provided at clients request, hut. each Invoice is due cin presentation and is past due thirty ACCESS TO SITES (30) days from invoice data. Client agrees to pay a finance Iinless otherwise agreed, the. Client will furnish us with charge of 1 1/2% per month, or the maximum rate allowed right-of-access to the site in order ro conduct the planned by law on past due accounts, exploration. We. will take responsible precautions to minimize damage to the site due to our operations, but The clients obligation 10 pay for the work contracted is in have not included in the fee the cost oC restoration of any no way dependent upon the clients ability to obtain damage resulting from the operations. ft the Client desires, financing, coning, approval of governmental or regulatory we will restore any damage to the site and add the cost at agents, or upon the client's successful coorpleticrn of the restoration to the fee., prnic'et oeNT OF ryF I • uic ` p United States Department of the Interior U.S. GEOLOGICAL SURVEY ARc0.� WATER RESOURCES DISCIPLINE 221 NORTH BROADWAY AVENUE, SUITE 101 URBANA, ILLINOIS 61801-2748 (217) 344-0037 FAX (217) 344-0082 WEB SITE: il.water.usgs.gov/ March 23, 2004 Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Tony: Enclosed are three original Joint Funding Agreements (JFA) for the period March 23, 2004 through September 30, 2004 to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project. This agreement provides for an expenditure of $15,000 by the U.S. Geological Survey and $15,000 by the City of Yorkville. Per our discussion at the meeting on March 15, 2004, the USGS will provide a total of $46,000 to the overall project for Federal Fiscal Year 2004, leaving a non-Federal share of $46,000 for Federal Fiscal Year 2004. With the execution of this JFA, $31 ,000 of the non-Federal share of this project cost remains. It is my understanding that the $31,000 will be split approximately as follows: City of Yorkville, $9,490; Kendall County, $15,000; and Village of Montgomery, $6,510. If you concur, please sign two JFAs and return them to this office for processing. Work performed with funds from this agreement will be conducted on a fixed-price basis. We appreciate your continued interest in the cooperative program. Should you have any questions, please contact me at (217) 344-0037, extension 3005. Sincerely, Robert R. Holmes, Jr., PhD, P.E. District Chief Illinois District • Enclosure Page 1 of 1 Form 9-1366 U.S.Department of the Interior Customer#: (Nov.1998) U.S.Geological Survey Agreement#: Joint Funding Agreement Project#: TIN#: Fixed Cost Agreement Yes FOR Water Resources Discipline THIS AGREEMENT is entered into as of the 22nd day of March,2004,by the U.S.GEOLOGICAL SURVEY,UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the City of Yorkille,party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project herein called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program (a) $15,000 by the party of the first part during the period March 23,2004 to September 30,2004 (b) $15,000 by the party of the second part during the period March 23,2004 to September 30,2004 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program,all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request,copies of the original records will be provided to the office of the other party. 8. The maps, records,or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records,or reports normally will be published by the party of the first part.However,the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall,upon request,be furnished by the party of the first part,at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records,or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered annually. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period,or portion thereof,that the payment is delayed beyond the due date. (31 USC 3717;Comptroller General File B-212222,August 23, 1983). U.S.GEOLOGICAL SURVEY City of Yorkville UNITED STATES DEPARTMENT OF THE INTERIOR I By: Date By: (24e2Date I Z2(v By: Date Title Robert R.Holmes,Jr.,Dist ict Chief By: Date (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) hrtnc•//psvarecaOl_er_usgs.govLWebForms/9-1366.nsf/a6b604c68916253085256d83006e1a60?Ope... 3/22/2004 FLOODPLAIN AND FLOODWAY ANALYSIS AND MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY Objectives: 1) Formulate an accurate computer model for Blackberry Creek in Kendall County 2) Produce FEMA approved flood-insurance rate maps 3) Develop a Web site and report for displaying results Benefits: • FEMA approved flood-insurance rate maps can be used to minimize loss of life and property from flooding. • Models can be used for future applications in making informed decisions about development in flood-prone areas and resolving potential conflicts among landowners. • Analytical results and maps can be accessed easily through the Internet. • " ./.. .,,,,14,.... •, ,,,,,. . ..„., . , .ma.„ ---0 ‘itiojipr Witer:.L- 'llir VC 0!• ,•,i‘Idep ...iiiiiiiiiiialliFt,Iti f4i.111=1":- - _ -t. - w• 714 411111111111Ell , im,, i:',1,,r. 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Kendall County portion of Blackberry Creek including subwatersheds and cross-section STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WHEREAS, certain properties in The United City of Yorkville, have been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the United City of Yorkville may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the United City of Yorkville desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents. NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. The use or attempt to use as a potable water supply groundwater from with the corporate limits of the United City of Yorkville by the installation or drilling of wells or by any other method within a two thousand six hundred foot radius of the property commonly know as 106 Beaver Street and legally described as Lots 2, 3, and 4 in Block 2 of Fox Industrial Park Unit 1 in the United City of Yorkville, Kendall County, Illinois is hereby prohibited. 1 2. Any person violating the provisions of this ordinance shall be subject to penalties as provided in section 1-4-1 of this code. 3. Definitions: a. "Person" is any individual,partnership, co-partnership, firm, company, limited liability company, corporation, association,joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representative, agents, or assigns." b. "Potable Water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. 4. The Mayor of the United City of Yorkville is hereby authorized and directed to enter into a Memorandum of Understanding with the Illinois Environmental Protection Agency"Illinois EPA" in which the United City of Yorkville assumes responsibility for tracking the aforementioned remediation site,notifying the Illinois EPA of changes to this Ordinance, and taking certain precautions when siting public potable water supply wells. 5. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 6. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. 2 7. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 04/23/2004 10 00 FAX 630 553 5764 DANIEL J. KRAMER a 002/007 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE AMENDING TITLE 3,CHAPTER 3 ARTICLE 4 SECTION (B)OF THE LIQUOR CONTROL ORDINANCE OF THE UNITED CITY OF YORKVILLE TO ALLOW SAMPLING AND/OR TASTING OF ALCOHIOLIC LIQUORS BY CLASS B LIQUOR LICENSE HOLDERS WHEREAS, the Mayor and City Council of the UNITED CITY O.F YORKVILLE have considered modification and amendment to Title 3, Chapter 3, Article 4, Section (B) of the City Code providing for liquor control within the limits of the UNITED CITY OF YORKVILLE; and WHEREAS, hearings have been held before the City Council and Public Safety Committee, due consideration given by the City Council sitting as a Committee of the Whole, and by the City Council and Staff of the City regulating the sale of alcohol within City limits; and WHEREAS the City has determined it to be in the best interests of the community and its economy, as well as for the benefit of the current and future license holders and amend the Uses Permitted provision of the Liquor Ordinance to allow the sampling and/or tasting of beer and wine by Class B Liquor License Holders; and WHEREAS, the purpose of restricting the types of activities which may occur on the premises of a liquor license holder in the City,is to prevent any secondary effect these activities may have on the community as a whole, including but not limited to,crime, disorderly conduct and juvenile delinquency; and 1 04/23/2004 10:00 FAX 630 553 5764 DANIEL J. KRAMER 1003/007 NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 3, Chapter 3, Article 4, Section (B)of the City Code is Amended to include the following paragraph: Section 3-3-4(B) shall be amended to add the following paragraph: A holder of a class B and B1 licenses may furthermore be permitted to allow the sampling and/or tasting of the products being sold subject to the following restrictions: a. The administration of such sampling and/or tasting shall be done under the supervision of a department manager or facility manager; and the actual serving shall be done only by a person over the age of 21 years; and b. The sampling and/or tasting, consumption, or possession of any alcoholic liquor by any person under the age of 21 years is strictly prohibited, and the server of such sample and/or taste will bear the responsibility of enforcing such prohibition; and c. The sampling and/or tasting may not be offered more than two times a week and shall not exceed six hours for each day of such sampling and/or tasting; and d. Sampling and/or tasting must occur on the premises if the sale of alcoholic beverages is the primary function of the licensee or in a single designated location within the premises if alcoholic beverages are not the primary goods being sold by the licensee; and e. The samples and/or tastes shall be limited to beer,wine, and liquors 2 04/23/2004 10: 00 FAX 630 553 5784 DANIEL J. KRAMER a 004/007 pursuant to section 1 paragraph(g); and f. The samples and/or tastes shall be limited to one ounce or less of beer and/or wine; and the samples and/or tastes shall be limited to one-half of one ounce or less of liquor; and g. The number of products to be sampled or tasted on any one day or at any single event shall not exceed the following: 1. The number of wines that may be sampled or tasted on any one day or at any single event shall not exceed twenty-five (25); or 2. The number of beers that may be sampled or tasted on any one day or at any single event shall not exceed twenty-five(25); or 3. The number of liquors that may be sampled or tasted on any one day or at any single event shall not exceed two product lines. h. Upon application and approval by the Liquor Commissioner, a licensee may seek a temporary variance from the paragraph e and/or g in order to conduct a Special Event. 1. Special Event: An activity conducted to support the licensee's regular business: a. For a specific date or dates; and b. For a specific time period not to exceed six hours per day and for no more than four days during any one year period; c. Conducted only on licensee's premises. 2. Variance Application Procedures: 3 04/23/2004 10:00 FAX 630 553 5764 DANIEL J. KRAMER /6005/007 a. Application for permission to conduct a Special Event shall be written, signed by the licensee,verified under oath, and shall contain the following information: 1, Name and address of applicant; 2. The person or persons in charge of the event; 3. The place of the proposed event; 4. The date or dates and time of the proposed event; 5. A brief description of the nature of the event. b. The Liquor Commissioner may call a formal hearing as to any application upon written notice to the applicant. All interested persons shall be heard at that time. c. The decision of the Liquor Commissioner regarding an application shall be issued in writing and mailed to the applicant within thirty days after submission of said application and shall list the specific time,place,date and hours during which said special event is authorized or a declaration that the special event is not authorized along with a written opinion in support or explanation of said decision. The Liquor Commissioner may also impose any other reasonable conditions or restrictions as to the manner in which said special event is conducted. A copy thereof shall be forwarded to the chief of police. d. The violation by applicant of any condition or restriction imposed by the Liquor Commissioner, pursuant to subsection h of this section, shall be good cause for denying subsequent application. 4 04/23/2004 10 00 FAX 630 553 5764 DANIEL J. KRAMER Z006/007 REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY: If any section, subsection, sentence,clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of _, A.D. 2004. Attest: CITY CLERK 5 04/23/2004 10 01 FAX 630 553 5764 DANIEL J. KRAMER a 007/007 This Document Prepared by: Law Offices of Daniel J.Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630-553-9500 6 ,D Co- .., J� i; o Yorkville Police Department Memorandum ° p 804 Game Farm Road EST. 111 1836 Yorkville, Illinois 60560 -�---- Telephone: 630-553-4340 9Ills LT ----- Fax: 630-553-1141 0s- O Date: March 5, 2004 To: Chief Harold 0. Martin III From : S/Sgt. Ron Diederich Reference: Taping of interview room Chief I have obtained two bids on the digital recording of the interview room that we discussed. The first bid is from Communications Direct and the second from Thomas Alarm. Both Bids are of equal hardware and close in price. Communications Direct is 52,129.00 with a 14" color monitor. Thomas Alarm is $2,200.00 with a 21" color monitor. The recorders will handle up to eight (8) hours of recording which should handle anything we could come up with. Thomas Alarm's recorder is Panasonic DVD and Communications Direct quoted a Philips DVD recorder. I personally prefer the Panasonic which is supplied by Thomas Alarm. If you have any questions please let me know. These quotes include installation and they have supplied spec sheets on the equipment. Respectfully, ), s S/Sgt. Ron Diederich e) PIPIPIIrm THOMAS ALARM SYSTEMS Fax Transmittal Form To : Ron From:J. LeGrand Fax # : 630.553.1 141 Date sent: 02.26.04 Phone # : Number of Pages: 4 Re: Interrogation Room Cl Urgent 'F. For Review ❑Please Comment ,Please Reply Message: Attached is a revised proposal for the camera system as well as informa- tion on the DVD-RAM/R/RW and Microphone. Please call with any questions. 7 I I North Bridge Street Yorkville, Illinois 60560 Phone:630.553.4560 Fax: 630.553.0805 Email: Thomasalarmsystems.com 7l 1 North Bridge Street THOMAS ALARM SYSTEMS Yorkville,Illinois 60560 Phone: 630.553.4560 Fax:630.553.0805 Email AlarmSysm@aol.com February 26,2004 Attn:Ron PROPOSAL Job Site: Yorkville Police Department EQUIPMENT INST.t J,LATION: At the above location,we propose to furnish all labor and material to install a fully operational Interrogation surveillance System consisting of the following items: 1 21"Color Monitor 1 Panasonic DVD-Recorder Wedge Mount Color Camera 1 Microphone 1 Power Supply $2,200.00 Conduit and Stubs by others. Price excludes permits&municipal fees. If you have any questions,please feel free to give me a call. Respectfully submitted by: 4.10Jay Le rand for Thomas Alarm Systems Accepted By PRO45 and PRO 45W ProPoint REMOTE-POWERED MICROPHONES CARDIOID CONDENSER HANGING MICROPHONES Ft tt�'' ''`a",J r i °l° The microphone element is enclosed in a DC phantom power (9-52 volts) must be I J>,fk ,11{It ��SFr '3�.L`g iiia i rugged housing with a low-reflectance black applied equally to Pins 2 and 3,with the ground r l)r j ,l/1111, rt i:,lt�y " i f}- finish.The microphone is also available in for the power supply connected to Pin 1.This °I , ,ilii'1 'Y yi,,_ q (, t,, white as the PRO 46W,with a white-finished can be provided by a console or mixer with kid s i ,a microphone housing,windscreen, cable and built-in phantom voltage or with the addition h tai c111�- r,+ 1 steel hanger, for applications where the of en in-line phantom power supply, such as l•air�r r:ir I o ! r( 1t il t `� micro hone must be hun a sinal a li ht the recommended Audio Technics CP8506 It4I�n`l-iA' lilll`fl1,ilu.1111 '11111 I� :l p 9 9 9 0 ,t t background. and AT6801 power supplies. llt��l�i�9illrm p! I 'r'�l,t. i lir 1 Operation and Maintenance If an extension cable is necessary, AT8314 ,!iiyi_;.:;il": (,� i ! 1f)t, a r411' li The PRO 45 is ideal for sus e ( q ) gf lfil, a �r:r;'�`��i;����i�IpLL��S9�r�i� ,�_�;;��� � � •, suspension over cable ore equal) should be used. Regardless !i i i r Eh 1,1,"` _.r,,:1� t ,", ",11 {{ choirs,instrumental groups or theater stages. of cables used,it is important that both ends iIiilllili 6t r.,,.�_..._. ial E...,1 hili, . A�, �)1 li iloii I 9 P 9 .n.:'ji:""''__�``''1'�r`6i`;�E��iill;chii�7 +�E_� lii_� J���t�_ A uniform 120°angle of acceptance provides of each cable are wired consistently,with the ,:k �'h 'f 1li''l'"'''I"'„ "__�..,_i -= ------ well-balanced audio pickup.The microphone shield always connected to Pin 1 at both .%iil11d,��til(jfl)ij[1'i�1`ii'i!!'a"_% _ `1, Fi- t=„_ ends, Pin 2 connected to Pin 2, and Pin3 to ,ii,.,.: .. . , r i r should be located forward of the front-most .i!:.,,;i' r-1 li i;(ji:.tilt♦lli I T1, i.l+i iiiill��f����,��� Pin 3.This will ensure that all microphones are _ ,illi♦ ,EF, „ i tI source, above the rear-most source, and .ri,"'rr ri' - "aimed"between them Fi 1).Increasin the electricallyinphase and reduce problems of (nig. 9 uneven response andsound cancellation onheight of the mic above the sources will tend .:. , to equalize sound levels between them, but when twomicrophones areused close to each -• : may also increase background/reverberantother. . ;r;,,t,.;; sound pickup.whenever possible,the distance The high sensitivity of the PRO45 ensures from the mic to the rear-most pickup should useful output and an excellent match to most •ti.(,), be no more than twice the distance to the mixer, tape recorder and amplifier Inputs. It 10'.',y.. front source,to maintain front-to-rear balance will provide undistorted output even in sound (Fig.1). fields as loud as 134 dB SPL. However, due a-: to the high sensitivity, in some instances It !ARP `.--�--- PCPQ ca cs, may be possible to overload sensitive input •4'4� •• • stages. If distortion occurs, first check for • )`; 0 0 a aD Input overload. In such cases, an attenuator • 1 ►■/ •-•--,,_,--1/4---: such as the Audio Technics AT5202 may be Description I) r )_, ( '` required between the mic and the electronics ` input. (Also, many mixers provide "input pad" The PRO 451s a wide-range condenser micro -„g't,,--,1 switches to reduce mic-Input signal levels.) phone with a cardioid (unidirectional) polar pattern.It was designed for high-quality sound Fig.1 Fig.2 While a modern condenser microphone Is not reinforcement and other demanding sound unduly sensitive to the environment,tempera- pickup applications.The PRO 45 Is furnished Width of pickup is approximately three times lure extremes can be harmful. Exposure to with a vinyl-coated steel hanger that allows it the distance to the closest performer. If addi- high temperatures can result in gradual and to be positioned inconspicuously ovcr a choir, tional mics are needed for wide sources,they permanent reduction of the output level.Avoid orchestra,stage,etc.,for low-profile situations, should not be closer together laterally than leaving the microphone in the open sun or in three times the distance to the front source, areas where temperatures exceed 110° F The PRO 45 features a 25' (7.6 m) perma- to avoid phase cancellation(Fig, 2). (43° C) for long periods of time, Extremely nently-etteched miniature cable with an • proper direction, twist the high humidity should also be avoided, XLRM-type connector, which allows It to be To orient in the plugged directly into an XLRF-type Jack or microphone housing slightly in its wire holder cable connector.The unit's integral electronics (clockwise rotation moves the microphone to can be powered from any external 9V to 52V the right; counterclockwise rotation moves It Frequency Response DC phantom power source, to the left).The provided AT8146 windscreen Audio Technics design engineers have utilized simply slips over the head of the microphone, _ the newest low-mass technology in the quest effectively reducing noise from wind or vent)-• _ ----- for superior performance.The charge is now on tat on air currents. o°e Me fixed back plate, rather than the moving Output is law impedance balanced.The output ” 1 element,With the A-T fixed-charge"back plate" connector mates with XLRF-type connectors. construction,a gold-vaporized diaphragm just The balanced signal appears across Pins 2 00 100 S00 00 1Y 0. 10, J/' 2 microns thick (about 0.000079") can be end 3,while the ground(shield)connection is used.This reduces moving mass substantially, Pin 1. Output Is phased so that positive improving frequency response and transient acoustic pressure produces positive voltage at response while reducing distortion. Pin 2 in accordance with Industry convention. audio•technica. Panasonic DVD-Video Recorder with SOGB Hard Drive and Progressive-Scan Video Output - Silver Model: DMR-EBOHS Record your own DVDs at home in either DVD-RAM or DVD-R format. Time Slip lets you "rewind" to the top of a show while recording; massive built-in hard drive provides extra capacity and flexibility. Time Slip feature allows simultaneous recording and playback in DVD-RAM format Built-in 80GB hard drive permits selective editing to DVD, as well as "spill-over" recording when your DVD runs out•of capacity logressive-scan video output maximizes the picture quality when used with a digital TV or monitor It View More Photos tigefil Product attributes 4Advanced MPEG-2 encoding, using VBR (variable bit rate) and Visibility Modulation Technology, Product Features optimizes image compression for memory Plays back DVD-R and DVD-RAM discs, plus DVD- efficiency with superb picture quality Video, music CD, CD-R and CD-RW media FR(Flexible Recording) mode automatically fits programs onto a disc with the best-possible Note: DVD-R Is playable in most DVD players; recording quality, based on available capacity DVD-RAM is compatible with PC drives and DVD- RAM compatible players ir 3 component video, 3 S-video, 3 A/V and 1 RF Incredible storage capacity: Up 52 hours (in EP coaxial input; 2 component video, 2 5-video and mode) on the internal hard drive; up to 12 hours 2 A/V outputs with 9.4GB DVD-RAM, 6 hours with 4.7GB DVD- Includes universal remote RAM or DVD-R, in EP mode Product Details Create original DVD-Video on DVD-R or DVD-RAM Warranty Terms- Parts 1 year media warranty Terms-Labour 1 year Playlist recording from hard disk to DVD permits Product Height 3 1/8" simple non-linear editing (e.g., rearranging scene order, skipping over unwanted scenes or copying Product Width 17" selections) without any additional equipment product Weight 9 lbs. 14 oz. Relief Recording automatically monitors product Length 10-7/8" remaining capacity on DVD-R or DVD-RAM disc, Coaxial Digital Outputs No and initiates recording to the hard drive when DVD capacity Is Insufficient Component Video Outputs 1 TBC (time base correction) and 3D Y/C separation Com0oslte video Outputs 2 on input and digital noise reduction on playback 5.1-Channel Output No make analog-to-digital transfers (like dubs of old Disc Capacity 1 VHS tapes) look better than the original Dolby Digital Decoder No (decodes through Dolby Digital • Direct Navigator allows easy location of desired receiver) programs on heavily used discs DTS Decoder No (decodes through a DTS decoder In a Rapid random access eliminates the need to DTs equipped receiver) search for blank space so you can record right Playback Formats CD-DA, CD-R/RW, DVD-Video, DVD-R, away, anytime DVD RAM - .-.__.. Optical Digital Outputs 1 Simulated Surround Yes S-Video Outputs 2 Progressive Scan Yes Remote Control Type Universal wee , Uz/04/04 05 : 24 : 49PM ASIS International 703-519-6299 To : Anton L Graff 4SIS certification Review Programs April 2-3,2004 . San Francisco,CA . Crowne Plaza-Union Square Why should you attend a review program? Each program . . • reviews the fundamental concepts and practices particular to each certification. The Certified Protection Professional(CPP) Review Program-emergency planning, protection MEMBERS: of sensitive information, personnel security, investigations, legal aspects, loss prevention, Save$35 when physical security, substance abuse, and security management. you register online. The Professional Certified Investigator(PCI) Review Program- ethical considerations, investigation strategies, case objectives, types of surveillance, interviews/interrogations, evidence, data analysis, report preparation, and testifying. The Physical Security Professional(PSP) Review Program-threat and vulnerability assessments, security surveys or audits, risk analysis, security planning, integration of physical security applications and technology, and implementation of a physical security program or measures. • offers important insights into the exam process. • provides a practice exam, which highlights areas that may require further study allowing you to formulate your own course of study. Whether you have been studying for the exam or have just decided to pursue certification, make an ASIS Certification Review Program part of your preparation. 2004 PROFESSIONAL DEVELOPMENT PROGRAM REGISTRATION FORM Name: ASIS Member#: Oaf Mfik [edified Prole<fion v.Professionat New Member ri Change of address no,e.CErr1,w:n'secua;ry (Membership application and dues payment rrtust be uttuJted.) Company: 'title: /pa SP '._.,_...x.,...._. / Address: City: State/Province: Country: Zip/Postal Code: Phone: Fax: Note: All programs are intended to E-mail: supplement your preparation for the exam and are not intended to be your Please register me for. HOW TO sole preparation. Meeting# Program Fee Member/Nonmember REGISTER: 627 CPP/April 2-3, 2004 S660/3810 Audit Fee: (CPP Only)$200. Developed for 628 PCI/April 2-3, 2004 3660/S810 - Fax: those who attended in the past. No 629 PSP/April 2-3, 2004 3660/3810 703-518-1173 materials provided. 3200 Audit Fee(CPP Program Only) Membership(attach application) Phone: www.asisonline.org/applica tion.pdf 703.519.6200 Subtotal 1 Web: Dotal(Registration will riot be processed unless paid in full) www.asisonline.otg/ Method of Payment AS'S TERNATIONAL prDfdeu.html Advancing s>avdry•wnren„.; 1-1 Check(Drawn on.a U.S.bank in.LIS dollen:and made payable to ASIS) LJ MasterCard U Visa L American Express Mail: Account#: Expiration Date: ASIS International Amount: 6 0.Box 79073 This facsimile has been sent at your request or with your consent,or Baltimore,M0 based on a prior or current business relationship with ASIS.If you have Name(As it appears on card): received this in error,and you wish to have your number removed from 21279-0073 our database,please call 1-866-869-4254,pin 114643. Cardholder signature: 02/04/2004 17: 19 6305530805 THOMAS ALARMS PAGE 02 A SALES INFORMATION&SPECIFICATIONS " Covert-Systems Interrogation "• r' • Room v Anlertrmrx y Ross oss Associates CD Recording V Date:5/15103 System Restrictions:None Digital Interrogation Room Recording System MODEL#INT-DIGCD Features: • Digital CD Recording ''� .. .,.,.........a.e .. xr.•.,..:in:,;.snt.:hn:.i.c.>;+w%nw;ar�rdu•rcyr n,,.,..raav su. ,.,,.�5�!.. - Audio & Video Recording ' • Copy almost any CD - Duplicator of CD's • 160 Min. of recording (2.6 hours) • , `, • Add disks on the fly (Extended Play) • -p•, ••'• • 30 FPS Recording Stereo Audio Recording 43.11 • Wire Room Compatible . ... ate`'•�x, Options: (Shown with PIP) Picture in Picture(2 Camera System)$1.1.95 14"Color Monitorwith Audio$495 Aux.Video/audio input for video cameras Dual Deck Audio Recorder$895(includes large cab) Additional microphone for stereo operation S1 5 0 Specifications: Description: Recoding Media: CD-R This is ourfirst digitaliecording systems designed S/N Ratio: 90 dB for Interrogation Rooms.This appmachutili.ti.es Power: 115 Vac standard,inexpensive,offtbe shelf CD disks. One Audio&Video Inputs: 3 diskcan record bothaudio and video in full motion Video: NT SC for 80 minutes.Once the first disk is full,30 seconds Recording Time: 160 Min. -H- before that,it switches to disk two.If you think the FPS: 30 interview willgo longer than 160 minutes,theu r,epla.ce disk one for anoth cr 80 minutes. When the interview is complete,the.unit can be used as a duplicator for more copies.Yes,this is safe, once the diskis closed by the system,changes cannot be made on the disk.A date time generator System Includes: has been added to further verify the recording. Cabinet,Recoder,Color Covert Camera,Whisper Inaddition.,this makes agreat camera downloading u /U4/U4 18:47 FAX !001 FAXED FROM: • Bob Cissik Service Manager Communications Direct, Inc. 735 Hunter Drive, Unit F- Batavia, IL 60510 - Phone: 630-406-5404 Fax: 630-406-5405 . TO: COMPANY NAME: Wt Y-U\ Po CONTACT: 36-1-- KDO bIEAE7ZIC- 0 PHONE NUMBER: 63o 55 3 8 So`7 _ FAX NUMBER: G 3o ss 3 I LI PAGES FAXED INCLUDING THIS ONE: Z . DATE: Z ( 9 bS MEMO: { 1 tic/I/4/(14 18:47 FAX fa Pry (0 3o- SS3 — Hy ( °°Z M CCOTMMUMCATIONSY= DIRECT INC. A8.... Full Line Deafer P r • P.O.# Q 1� ___ 1 /3 oy GketM--e- FYv2.vvt ( l)4 b � �; k \.e� ( r��v4 COST & EQUIPMENT � t � t-)) r/: SGT R.orJ )6DEpcI-r - [tern Quantity Model Number Description Unit Price _ Total ( _ ( Cam (--.,LI uo.r - 4( I 363 ,b0 _ C./9- -rrA 1 La-N.62,S n,.h /Eacr.o5uie. . 2 _ I _Dvp izW .) �,0> bv.7N ael.„0✓ ,5.� 612 -0D 3 / / 9 ti : C L-o'r _vim-0-.1 17,,7 . L 31 g,0 0 • 5" I I � -(.ass �.e.S ,� ) Tom' Allwopiviti.-e- 500,00 t.tt)PO .,,,,A, - ,L G.. . . to10..- . 50.00 1-.2o(L 76--cm-/1 - /. ,c p h s - ..1 ..1 \i /L2 v- D ✓ 1. 17a.r w I /.........e_cr..35,,9-vim.,� _ ,. ...,,i-...4a,v (...etA0L,t.-..., .- 4,N7)4///,/ 4i-ti,„..„ .„ T,,,,--- • COMMUNICATIONS DIRECT RESERVES THE RIGHT TO CANCEL THIS AGREEMENT WITHIN t0-DAYS AFTER IT IS DELIVERED TO COM1UNICATIONS DIRECTS SALES OFFICE FOR FINAL-ACCEPTANCE. Total E ui meat Cost g s- 1• v (Dale rec'd ) q .iP PT- TECHNICAL IEwjcA/APPROVAL- Tax 6.)c .-4 • Date viy/01 Shipping '25_on FINANCE TERM Labor, Install& Test 2 SD,OD months Advance; S [-5 rr / Freclue my CoordJLicense ser Montl, ESTI w,A-T-e— Total '4k 2-) 29- 00 Less D awn Payment Prices Quoted and F.Q.B. Comm-Direct 2121_00 Quotations Good For bo Days CRANI)TOTAL Shipment from Communications Direct in Approximately 3 a Days COMMUNICATION DIE ECT ACCEPTANCE OF THIS All accounts due net 10 days from invoice date. 1-1/2% ORDER IS SUBJECT TO THE TERMS AND CONDITIONS Per.Mo.service charge added 20 days STATED ON THE FACE AND ON THE REVERSE SIDE of after due date. The Annual Rate is 18%. nits DOCUMENT. Quotation prepared by; B 08 C I SS 1 K Accepted By: ^ Date: - - 1 - d LI Date: _ V Jf,,,.,' calpC Parson Pink: Gustomer 02/11/04 09:29 FAX U001 FAXED FROM.' - Bob Cissik Service Manager Communications Direct, Inc. 735 Hunter Drive, Unit F- Batavia, IL 60510 - Phone: 630-406-5404 Fax: 630-406-5405 - TO: - • COMPANY NAME: ic,111-1421 LL Po Lta-r2- t, CONTACT: �-T- i_© c6 ERI C _ PHONE NUMBER: (c9 © ` 55 3- F507 FAX NUMBER: CO JO ' 5S- 3 ` ,114i - r PAGES FAXED INCLUDING THIS ONE: DATE: 2 - ( 0-0 `f c- MEMO: 02/11/04 09: 29 FAX _ a002 TDK DVDR47SAX 4.7GB Blank DVD-R Disc ... at JR.corn Page 1 of 1 Home View Cart Order Status My Account Policies NYC Store Help oars..q .1tll9$r ,., .. .. r �l s�"t? • Con-6e.'1:;;; 111� II.fi MT};. FREE SHIPPING on thousands of itemsElectronics Phone Orders: 1-800-806-1115 ' TDK DVDR47SAX 4.7GB Blank DVD-R Disc earTDK ;; A write-once, blank DVD-R disc that can hold up to 4.7GB worth of Information/ DVD-R 2x Compatible... more info • TDK DVDR47SAX A.1:i:J - - S .lI �Z g� I l f 1 pw r -rr..si`t ;; ., Availability Shipping rs I I' , L; Usually ships in Options 1-2 business See all TDK days # fi click for larger Image Features Accessories Shipping Similar Items t A write-once, blank DVD-R disc that can hold up to 4.7GB worth of information/ DVD-R 2x Compatible • Supports DVD-R Recording up to 2x speeds T • Can be read on most DVD-ROM drives z- • If you use this to create DVD movies, this Disc can be read on most home Component DVD players Product Specifications Disc Type i DVD-R Number of Discs in Package 1 Product Information and Ordering, call 1-800-806-1:t15 J&R Customer Service, please call 1-800-426-6027, or Contact Us homeabout J&R contests affiliate program top of page site map I privacy&security gift cards J corporate&institutional accounts + employment Music content©Copyright 1948 -2004 Muze Inc. For personal use only. Movie content©Copyright 1981 -2004 Muze Inc. All rights reserved. 11 . Pototned oY uz Sony Legal/Trademark 'I CD . Images are for reference only. Not all accessories pictured are included. Not responsible ft r typographical errors. © Copyright 1997 -2004, J&R Electronics Inc. 1-11tn•//www ianc1r.cnrn/JRProductPaae.nrocess?Merchant 1d=1&Section_Id=&pcount=:&Product Id=187... 2/10/2004 02/11/04 09:30 FAX ZI003 Kalatel Kalatel Kalatel Mini Ceiling/Wall Camera Corner Mount Cameras Mini-Max Series KA-CW450 Series KA-CM450 Series A-MM4 iO Series KA-CW950 Series , KA-CM950 Series A-MM9 i0 Series • •• Color or black&whiteti a • Color or black&white Color o'black&white • Mounts on wall or ceiling e, :��'t, 41 i • Brushed stainless steel •• Measur as only • Compact- „,,.� vq- .r • Can be rotated and tilted 1.5"x 1.5"x.75" only 2.25"high :Y g` ;;l°x during installation • 3.6mm)r 5mm pinhole lens • 2.5mm,4mm,6mm, t` •cs , I • 2.5mm,4mm,6mm,8mm • 2.5mm,4mm,6mm,8mm 8mm or 12mm lens -.r?r t;___ or 12mm lens or 12mi n standard lens Kalatel 'a a e Kalatel In-Wall Cameras Smoke Detector Cameras PIR Cameras r "'"' 'n;. 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Kalatel Kalatel Kalate,I 5"Vari-View Dome Cameras "Ruggedized" Vari-V ew Track Cameras LLii 11 KA-DM450VF Indoor/Outdoor Cameras KA-TC4 5OVF KA-DM950VF KA-TK450 Series y r. ,- KA-TC9 5OVF • Color or black&white w.,..v'. _ + KA-TK950 Series M' . Vat • Color,a black&white • Dome conceals ', • Color or black&white ; '� • Mounts on wall or ceiling camera position �•- •• Weath.trproof .1 ' it_:.. • Heavy duty die-cast ;#; a, c • Varifocal lens adjustable aluminium case .,lai -r sr3 • Adjust able camera position77,1A.1.-.•-a.04.1.1.-'d1l from 3mm to 6mm • Lexan window ' ;^ • Varilor al lens adjustable ti ' • Camera can be rotated 360' • Tamper rill.' ii- from 3 nm to fimm &tilted 90'duringinstall ac r t I-r resistant/weatherproof ..� �° • 2.5mm,4mm,6mm,8mm ,gam or 12mm lens .Orx , For orders, call AD1: 1-800.233.6261 • For Systems Sales &Support, call: 1.800.231-7971 • www.adilink.com 99 02/11/04 09:30 FAX 004 Corner-Mount Camera •ih• i x_:rh'^ BlFiii ioP,'::vc i•nrrf''7:'1•eq;'�: P-Fj' -�-. I�'R'9' .:J, w^, ``��,r.;s:lsd'c��,.��". • - :.aci'dsltr-�q'fl �:��r��'9...���-��)�y�' - c•:�^y�`-*�'-;,''�;`'s'�'r?'��t :,'��' The discreet Corner-Mount Camera -ia,F..• n i -r�+'•` _.am'.. i =d._;'ti Ver'•''':ia ;i;,'r.4 !-.t:;;;= iit::. . .-.�,h" ?`'I` rj- m .. 'ri�j" airr.r:.;_7:a ''»'i:•,s�;':?'p�,I��r-• KI�4 .� Wt � � � '' =�.;rf�- „r71t:•�° features a aeavy-gauge stainless steel ;ti'=.i :+I! r; aeilLLr.,:. r,J ( i .: , + ,� .. s4?-s,.e�y�. rr i:s,tr' �,:E,n ,' a ” "r >a: ? 1t h Fusin and a lockable,vandal- TM } iIU!•`ti::Ill.' e� r:.\ .=5 't J .2.-9-'� i•?.!i .r; r': g :4.1! � ,f yy� or m,i� t - resistant C)ver.It's an excellent choice ��l'''... .:. _ii•.,r:�.-,��1:��-� r,.,:. •'�' �,i .� � tr•. �:;�• �r.,i��r..,i 1 c:r]aw eni'orcement,industrial, ._.*-. • : - __-.. iL' `�?•• °l,,Er r tom,„,•,�:. :.-• .. : ;•� . `, � , �� J�� =4�•�` � :tl.r::�-�?w-�:.,a elevatora�tdotherin indoor '-'."-.4.:2-0116: �.,'i'F:p�i,�" • .... . r jl! ',,. i•r. �:fir:;r .ii`.t.-��� ,t5i le' ��� t' �I I t n t ' tr l rt5-cot 4 rr '� Q, t Vii::' a licatio:ls. i 4= E �n rJi� t 7p 9ai�` " `i*r r I P . ... }t5 4 ,.. E a tt>3,;h".�.�;e p, 1;, :p..et,r „ C nted impact-resistant Lexan® e le or'i impac '7-1 R-, -• :." win ow i` :, •• Optional camera automatically switches A . from col.;r mode to a more sensitive monochi Mme under low-light conditions, �, x s t iii � s for 24 hE ur surveillance y Kcr • .,.. .;..... ,.. . :.:•....... . . ....:-:—.. , a ii, i; Multi-View Dome - c, T'he Multi-View Dome Camera t•E' 4�i 5' .'r >t;•• captures up to four images at once-It's Axa a good choice for reception areas, -i ;�;rid x:..,k,,�` Hallway intersections and other C .lit �,� la•cahons where you want to capture x • multiple iews from one vantage point. f }� ••,.:3 a W "'f �`l'I t ; : Availabl;with three or four fully ,s ,� 1.6:2.•;.,,..:::.;;;,,,,,,-.,..•• p r' ,�£ djusta(le high-resolution cameras a c s .;q • Compac`size, with 8.5-inch base and X - •-?!‘-'• -c - -- `-` x ti 6.5 inch dome ::. 47 _�.. Y -�./it � S4-•"• : ':- ,a Y -rx the higVi;w Dome can be equipped with one a 7, � ' it four high-:esolut•on,color or black and-white s ? a , +'r cameras.IFINr camera model shown below) w - • • . ^f ._ .. x`ah�'. x �. ..Qu.,,r.IN _ �� .. ... '. One Multi-View Dome Camera can capture up to four views of the same area. ” 4. o t x'77 `rya ;'•. �„ r t t . Ri ,2# ' '7' .aft, `�''` K. " h'ry J^.,: '.tit.:r " .' ' l "�i :t ,ikk • .. �'{ r , S is c?•.eta H Jy t'r �a 3 ax i a 1 IE r. I I'..,.4 ,'. � X a.. c • '''. +. •d ? Ye' • ;. . s f4,1 a s:1r -rte '' tax i a "«,4:i c e%- t • ....,,e ,... era .1"A-,, '411r4"'"': .r 2y.•5 '7- _ �3o 'trSI:id . .:e. s. ' z, .,ai r ` � 1 -s':' , 4 -- § 02/11/04 09:31 FAX U005 ADEMCO Video's AMC14 -- 14" Color Monitor Page 1 of 1 Honeywell HOME I PRODUCTS I LIBRARY I SUPPORT I CONTACT US ''' i eCt Product i ne itlrell i + + `&k ADEMCO Video >Monitors>AMC14 -ADEMCO Products-- AMC14 Specifications 14-inch Color Monitor User Manual(711k) Yz :A Tx° 4� � ADEMCO Video's AMC14 is a high quality 14-inch xr tiwamr„�? � as `1y k1. color moiiitor designed for commercial security or Data Sheet(47k) 3 of surveillance application.The monitor features a i6i1.a t a i • • e.7.-Alii? sturdy housing, and delivers sharp color images -AkESpacrs (116k) „7 n -�}shiSY •' with 40C1"fV lines of resolution.The AMC14 is ideal • xt g y , a �k • for single camera viewing,or multiple camera ft- ``•0•`_ ,e, displays when usilg a quad or multiplexer Monitor Rack Mount Kit • Unlike conventional monitors,the AMC14 features 14"Rack Mount Kit Manual `#'lug ''' ,�3 �f��hE �, gi _ �- z`! convenient recessed front panel controls that make (124k) k` °rte 2 'r � setup and adjustnient quick and easy while restricting movement caused by accidental contact. •Installers can eas ly switch between NTSC and 'ETA:*'' •• f,::',‘•,-,8114".i. PAL video format;;to comply with worldwide • d =ti standard;,.An illuminated green LED beside the w power button confirms that power is being supplied to the monitor.Tha monitor also features a latching power switch which remains in its set position- either on or off.-oliminating the need to turn the monitor hack on iii the event of a power loss. The AMC 14 has Loth composite BNC connectors and Y/C mini DIN connectors for S-video.Since the BNC connectors Eire auto terminating,there is no need for users to ;et termination switches when using the BNC co lnectors for loop-through video. The AMC14 has E,udio input and output connectors,allowng users to listen-in as well as view the rnonitore 1 area.This is especially convenient for secured entry areas.ADEMCO Video's AMC14 am be either rack mounted using an optional rack niount kit(AMC14RK1)or placed on a desktop. ©2004 Honeywell International Inc. I Termsj,Conditions I Privacy Stpte-nent. http://www.ademcovideo.com/products/Monitors/AMC14.htm 2/10/2004 02/11/04 09:32 FAX 2 006 ....r.-••: :.::.: :,. fr •,• .s. s.:..5. ,ztsr w -r as ,•A 55 .-,...c •vrrttx f..:xm max :. �. ..,:;. it S w,- x..L...::.--..2.1.1: :::':• :'-'"-';"7":"°`-**''''':`, 7..A -..7, A3 ..PFfYS-d''''%'5.,A'5AAA ''''.CJaRC'GG"I"'""...&:k'-`4''''' '.�"Lk: t 41 :. :: f - .2^.3. 1 5. "t bkhF "Y?.`X'.A':..;z.xf' .. _� � i� ''',4,4,,:..,-,. ,y t .rte SS.`+l� `Yks.«.FA'S. ^9.• t ^s '4 -.•- 4 ,f- ._7'—".7.55.575C......J '.".2i.' 1 k K. ^.- .�'.w f aW'F•'w1i ;:, + f- "5 X 4 -.'. Xc..:•.SY`vt' vl '" !. ? "'•"::'—: Y:...:4X.at,u 4 N W ..._v Q. Recorder _'A ; ' �. _ ,:.:: . ,,_ sG.,..a. % L•. '-:.Li.. e�r--'71 �mvu=.,-..: '...c r s�,.a • • .:. - ] `x-. >S"'-"'r P TY.y U.LAY..d,S.'k'Y1. IYC' 'Cr .--. :�' ... _.`-..i,_.n . -.... .... ...... a'' iX a _%' .C" 'S•V'i' '.x E'C .siahTW N: 1 -III..... ' • 'I Ultimate DVD Recording with Point & Click Programming. ......." b Dlsci77., i.LINK DV PA,5 CE11, Best Picture • Faroudja Progressive Scan output:For razor-sharp pictures gaa -egNtpo • Real-time MPEG2 Variable Bit-Rate video encoder: For artifact-free DVD recording ,•.. Ihrs; • i.LINK digital connection:For perfect copies of home videos • Component Video Inputs:For the best digital recording quality =In... .; • Virtual Time Base Corrector:For better-than-original copies s""" of old video tapes • Motion-compensated Noise Filter Best Sound :•—,,...-- d �i-i!-G I y ` x, SS= • 2-channel Dolby Digital encoder:For perfect recording of stereo • .,rLui and Dolby Pro Logic audio ,r,r�,�_.f.Gi ; u ..... • 24-bit digital-to-analog conversion:For top quality sound ... .. .....is• Great Convenience `rr,a: a:: `<. • Guide Plus+® on-screen TV Program Guide:For the ultimate timer programming `K,-•h""`s"tE" • On-screen Gemstar TV Guide:For the ultimate timer programming UI0Ep • Recorded discs play on DVD players • Up to 8 hours video recording:Per side • Index Picture Screen:For visual Table Of Contents b • Favorite Scene Selection:For easy editing of your home movies 1h t+v s • Disc Manager:For instant overview of all your discs ,,5 P r:' DHIII�s `w `< • G-Link/IR Blaster included:To control your Set Top Box �� j`' ���� .. - ) y ........: �'�.,f _,:; �};�;"��`�i'1r1';�;_;:r;r;it�r.� c.Y r�iar;;�vr .. Ili, "T'I SIi t l f,',:w:i''.---2-:,--=• ='.�"!i.'•�t?7 d' ,,„ril l i it ' : ! -.s -'•'7 r. , r�iln .it• f S Biu i i Yr,��� •q ,-.i, --f It,.Ll .t;: .+�- Irl.ek., • I; y , 'y� .' .thil4ii _ mtaL c h t Li ;.. A. k 4 I Hlt, a bl + "• ,I 1ia1 db f� J 4n c ".F"- {Fir'. 'S f• Sd I ',at. t ,• 'I . ..5i 4 .- .._. . r c__;,',.-4,-•,.t.,11,-.:12::...-1.+�..:.^i.%,. ",^•'Y«_1.�:.h;x5� .;r- . .�-.c. .....7'�_, .1)I:M.`' i 'a•kio' ;. 1 !:.: I1ILIPS li . 02/11/04 09:32 FAX CZ 007 DVD Recorder Q ` DVDR V , 0/• Standard product information - Disc types Playback Recording SPDIF DVD/CI) playback DVD+RW ti'(<alhT'tbh ip v •�31.j •PCM f;: ` q) tin' c., ' •Fast Fotoard/Backward(3 speeds) DVD+R E . -Ttl:� I i1!I- 3 F tr P,?r,-,01... ,,,•� t ry ,.� is � s Ir.�t� � •Step Fonrard/Backward DVD-R/-RW video 1.�1ri riry j l-Ir p{y' >7- )'iai na.� i g n :• •Slow(3 seeds) mode �r-'ri.:1.Li•-•Il a iawLh!Ii LL• , *6.1-channel compatible •Direct Tii le/Track access DVD-Video Z l{I LLL C. Nr t&�+t:[ •Next/Pt evious Title/Track/Chapter Super VCD j;.ry l +4l rjxa.,l,5 Audio Performance •Repeat(Chapter/Title/All)or(Lack/All) isf�-d,;:si:,3:F ut:,e,?mr':IF'J-Y'?C& Video CD f Ic•lam° I tl i t.:c'��7i J[I:Is±h DA Converter 24 bit •A-B Repeat Audio CD ft',ur�i;figg,;1.f t1. 'EE AD Converter 16 bit •Shuffle MP3 CD,DVD I!!riuIrl.,Saf..tt!4-1,L..F,aHi t� Signal/Noise(1kHz) 95 dB •Intro Sca) �a t t=isle r aril'sill kliri CD-R/RW E9'.;•t,L;�ad` r - Dynamic range(1kHz) 85 dB •Time Seasrh 'r'"' -rigt tF'" {"i Crosstalk(1kHz) 95 dB •Zoom(1 33x,2x,4x)with picture enhancement Video Format Distortion/Noise 85 dB •Auto Resime(20 discs) Digital compression DVD,SVCD:MPEG2 (1 kHz) VCD: MPEG1 Power!iupply Mode Rec. Resolution Bit rate Front Connections Mains: polarised(IEC) I.LINK DV in IEEE 1394 4-pin Power sup)ly: 90..140V,zC(120V nom) time Video Audio S-video in Hosiden 4-pin 50/60 Hz (Mblt/s) (kbit/s) Video in Cinch(yellow) Power con sumption v1~7Ceh�ja)iirt')h:4r11i t) ills ti a°I1 L Tt t� i I t lilTifi tr t rd....iii jsi�l' Audio Left/Right in Cinch(white/red) t a'1 5�1't s't'l•) 1y3 1' � ' i tigt 5J'�'J" F i'; i• �c_5 L1:�s1 k,tz'-.1`].r I't 4 wL a cl i t I i� r L �-' I.u' Ee.I•J rt'"^Ll ITSI t•I ERE, f1stt!alti G r xrl't Rear Connections •aX4'- yet ; tf j, a,2 1,•T4� r-c._;FE;'[ Component video in Cinch(green/blue/red) Cabinet: `•``A ul ya,a 'ra tEa y 3,4i�'� r i'''F, iEr n Progressive Scan/ Dimensions(W x H x D) 435 x 76 x 335mm tom" +otit,.Lr i.Si> 'f C r k s, 1'u�l t �0.T Component video out Cinch(green/blue/red) Net Weighs 4.0 kg >k :)I:f :ll:t.,,±1.�1 E !!•F,!'�rLI1..U:;s .ktlt1Ei:{ S-video in Hosiden 4-pin UPC 0 3784993380 0 S-video out Hosiden 4-pin Resolution H xV(pixels) 60Hz Video in Cinch(yellow) Remote: Control Full D1 (DVD-Video) '•J,is Roil,YF1-o`EPnal Video out Cinch(yellow) •46-key rt mote control Half DI ii tl j i C'lF_��.�•;,jC+ :�I E�I Audio UR in(2x) Cinch(white/red) SIF(VCD) tY1' -?r�+k .7� =F 'N'3 Audio UR out(2x) Cinch(white/red) Packagi I Contents )equivalent to 500 analog TV lines Digital audio out Coaxial,optical -DVD Rel order 2 equivalent to 250 analog TV lines RF antenna in Coaxial 75 ohms(F type) •Remote•:ontrol+batteries RF TV out Coaxial 75 ohms(F type) •Sat Mous e TV Standard NTSC PAUSECAM Mains Standard(IEC type) •User Mal lual in English Scan frequency 'J ,:3.ii1f{{Wli...,t 'it D•DVD+RV✓disc Number of lines TnEmplwittiitoUser Interface •AC powtr cable Playback in4IL3i 1,17 hVgn OSD languages English,French,Spanish •Stereo as idio cable Recording IltE,rV'Cl ar„?�.s+-.11`l l R •Video cal le Internal tuner �Ett!'•I'�i:`•1�1rik l 1,'�k.kl:r:s„F'�ra I Electronic Program Guide •S-video cable EPG GUIDE Plus+ -Coax dig tal audio cable Video Performance Number of events 6;1 year;daily/weekly -Coax RF antenna cable DA Converter 10 bit Timer programming EPG/Manual AD Converter 9 bit Set Top Box control Sat Mouse(Infra Red Blaster) Signal handling Components Philips Consumer Electronics Video(CVBS)out 1 Vpp into 75 ohm Disc Manager S-video(Y/C)out Y:1 Vpp into 75 ohm •Stores library of at least 1000 DVD+RW/+R tides Data subje:t to change without notice C:0.286 1‘,/pp into 75 ohm •Ordering alphabetical,chronological or by disc 600669 Component/Progressive •Finding of titles and empty spaces Printed in J.S.A. video out(YPaPE) Y:1 Vpp into 75 ohm 2002©Kt ninklijke Philips Electronics N.V. PB:0.7Vpp into 75 ohm Functionality All rights reserved P0.0.7VPP into 75 ohm •3D sound •Automats Screen Saver www-philips.com or AOL keyword:Philips -Audio Format Playback Recording •Backup Presets&Timer Events:1 year Compressed digital •BackupClock&Calendar:5 hrs GUIDE Plus+Corp.-DolbM.y are tndemarka of Gemstar P g Development Cop.-Dolby Digital and die double•D symbol are •Dolby Di ital iiwis , 't 1 «d 4- •Time&Date Download trademarks of Dolby Laboratories Licensing,Inc—DTS Is a trademark (AC-3) k i ' ori 1�gi91:_ f •Automatic Audio Recording Level Control of Digital The ter Symms,Inc. •DTS,MPEG2 ta`r' blis ({5g •MPEG1,MP3 v a� 'gstq E' 3 Recording functions •Safe Record •One-Touch Record(OTR) •Append •Divide PHILIPS •Erase A:' •Automatic/Manual Chapter Marker insertion •Disc write protection ��___'•� •Favorite Scene Selection •Index Picture Screen for instant content overview . •Selectable Index Pictures 02/11/04 09: 33 FAX [1]008 • Terk FM Pro Terk Terk Indoor/Outdoor FM Antenna Indoor/Outdoor Clip Antenna QZ-FM50 Amplified Antenna QZ-TV44 QZ-TV55 • Engineered for FM reception over long distances • VHF-UF F clip•art antenna • Half-wavelength folded dipole design • UHF/VHF • Installs easily on 18"x 20"-24"multisat dish • with built-in dual mode ultra-low-noise amp • Optimized for HDTV reception • Picks u r VHF-UHF-HD signals • Indoor/outdoor mounting flexibility • Internal amplifier Impedance•matched amplifier • Unique helical coil element ir- . • _ . . Atlas Sound Atlas Sound Atlas Sound Loudspeakers ^•:. 8" Loudspeaker Packages •''? Strate$iy Series" AT-AP15T �;, AT-SD72W ..1, Surfacib Mount Speakers nta • 15 W transformer j s • SD Series is a 10 oz,dual cone design AT-SM52 LB 5.25"2-way 8 ohm AT-AP 30T • 25V/70.7V transformer wltaps from 1/4 to 5 watts AT-SM52 TW 5.25"2-way 70V ...I• Includes white CRS grille • 30 W transformer AT-SM82 B 8"2-way 8 ohm rri AT-GD87W • Environment resistant, AT-SM82 LW 8"2-way 70V • AT-GD87W is a 10 oz coaxial design double re-entrant UV-rese rant.talc impregnated, HQ 70.7V transformer wimps from 1 to 8 watts �z :cm,injection molded, • Includes white CRS grille horizontal adjustments weather proof enclosure • Variety of taps on transformer models AT-SD72WV • Powder coated"U"bracket,aluminum • AT-SD72WV includes volume control grilles aid brass hardware inserts n ea a rill~- Atlas Sound Atlas Sound Shure Accessories Premium Ceiling Perfon mance Microphone "`� AT 818S Loudspeaker Systems y ., SB-SM5 3S • Tile support AT FAP42T •� v•;; AT CS958 • 4"coaxial lull range system titO • Genuinr world standard) • Back box AT-FAP62T `'r, • Handhe d microphone • ile • 6"coaxial full range system4dj with om off switch AT-AT10 • Smooth mid-frequency presence rri AT-FASUB70 �� • Volume control Cardioi< dynamic element • 8"in-ceiling subwoofer (or less feedback • Complete 70.7V tuned&ported system • Low inn edance for long cable runs tin • Front mounted tap selector switch • Legend iry rugged construction Q Lpmi • Tile bridge&grille included LVI • XLR col nector Shure Shure Shure Automatic Microphone Mixer Handheld MicrophoneInstalk d Sound Microphone SB•SCM810 SB-527B SB-515 BG18X cc�: • 8 midline inputs with ' • Rugged handheld microphone • 18"gao;eneck microphone ','. 1 output&headphone jack for all operating conditions • Cardioit dynamic • t/f • Noise-free mic selection which_eutomatically • Non-locking,long life switch • Neodyn Turn magnet for high sensitivity adjusts to changes in background room noise • Omni-directional dynamic construction • Push to talk switch 0 • Automatic gain. . • -- •..e mics are added • Clear response tailored for • Law iml iedance • Ad' ... • a per channe,rowlre•..ney-roll off, voice communications • Include:.SB-A13HD mounting flange • high frequency shelving • Low susceptibility to RF interference&hum 0 • 48V phantom power on each channel ••,, • "Million-Cycle"leaf-type switch • • Peak responding output limiter7 Hi-Impact ARMO-DUR case ali MI--i Shure Shure Shure IT' • UHF Wireless Vocal Microphone Desktop Microphone Instalk d Sound Microphone y SB-UT2458 SB-550L SB-MX4 1805 Cori Q • Shure's MARCAD Diversity •�t ++? JOB ' NO. EXHIBIT ® ® ® ® ® ® ® ® ® ® ® ® 0134 . I DATE: zy ~ _ 04.06.04 REVISIONS: I PRELIMINARY P. U , wmt . PLAN & PLAT 04.30.04 U'k FOR \ mom DRAWN BY: TEL 01 WESTBURY ! ! t I'Fllu �� JW7LLWEm f MUMPREPARED FOR. ocean atlantic 1800 DIAGONAL RD. SUITE 425 - / I �� ALEXANDRIA, I ti ► /` VA 22314 PHONE: (703) 299-6060 ! N FAX: (103) 299-6199 I i w APRIL 302004 N x ! - f a a p• f Q c� > z ¢ co rn SHEET INDEX, I I I , � f o � 0) it :5 z 0') 0) 11 Orr 11 p"4" C7 C'7 LT TITLE SHEETLLI 00 -- �a - ;1 0 < L1 OVERALL PRELIMINARY P.U.D. PLAN AND PLAT _-- ! "r ; I ��s �, -, = 0) c +' Q OOoo _ -- ► `� . � 1 ► � ii ao ► ! � � m as U U - a •' 1 f mm MB o oo ao L 2 POD 1, COMMERCIAL, AND SCHOOL PARC SITE ;f lip/ Q L3 POD 2, POD 3, AND POD 4-13 L4� POD 4—& POD 5, POD 6, AND PODS L5 POD 6 (cont.) AND POD 7 – Q0 CONSULTANTS _z� LANDSCAPE ARCHITECT / PLANNER1ANNERT GROUP, INC. w , � ►�— �' r �: }: g q� < LL 215 FULTON STREET �i GENEVA. ILLINOIS GO134 CG30) 20a_aoaa - / � ,�� , ,,,F� � �`�,� T CG303 208-8050 Cfax3 ff . 1 1 Lb w i a� CIVIL ENGINEER I 0 2280 WHITE OAK CIRCLE. SUITE 100 LU AURORA. IL 60504 CG30D 8G2-2100 w CG3D) SG2--21gq Cf axe a ! + ! c7 UBJECT ice!. ► I ITE IL LU rn ' NOTE: LANDSCAPE ARCHITECTS CERTIFICATE THE LANDSCAPE ARCHITECT AND HIS/HER s CONSULTANTS DO NOT WARRANT OR STATE OF ILLINOIS ) GUARANTEE THE ACCURACY AND SS COMPLETENESS OF THE WORK PRODUCT � � ° � �, • `//°������ /` IUj COUNTY OF KENDALL THEREIN BEYOND p REASONABLE DILIGENCE. IF ANY MISTAKES, 0I4ISSIONS, OR DISCREPANCIES y ^C g` This is to certify that the final landscape architectural plan for ARE FOUND TO EXIST WITHIN THE WORK �, ''•� PRODUCT, THE LANDSCAPE ARCHITECT SHALL � , � � �J '�s"�• I Westbury for Ocean Atlantic located at Illinois Route 47 and BE PROMPTLY NOTIFIED SO THAT HE/SHE MAY I / €ITUFFM CD Galena Road in Yorkville, IL was designed and prepared by an HAVE THE OPPORTJNITY TO TAKE ANY STEPS o _ LS4 NECESSARY TO RESOLVE THEM. FAILURE TO -, Illinois Registered Landscape ArChltect. PROMPTLY NOTIFY THE LANDSCAPE ARCHITECT ' `4°� d°�' �/Q� �° �•' i I€€ � �� OF SUCH CONDITIOIJS SHALL ABSOLVE THE - ,.. , < • € , The Lannert Group, Inc. �- ��,, �,NDSCAF�� LANDSCAPE ARCHITECT FROM ANY y' # �� 9��111 RESPONSIBILITY FOR THE CONSEQUENCES OF - Q=Q: RSOpRSUCH FAILURE. ACTIONS TAKEN WITHOUT THE r O RENS -- KNOWLEDGE AND CONSENT OF THE LANDSCAPE I T _ - a w 8 vENs ~ r ARCHITECT, OR lig! CONTRADICTION TO THE Lam-- — — —� —CORNEILS-ROAD: -- `tea •'•• P# ••� RECOMMENDATIONS,LANDSCAPE ESHALw BECOME ORK PRODUCT OR ��l ••'•.•;4C15��Q�'•�,o� RESPONSIBILITY NOT OF THE LANDSCAPE ® ui SHEET NUMBER LOCATION MAP �� �� L\T�TE.O� ��� FOR THE TAKINGOOFTSUCHAACTION RESPONSIBLE SITE MAP z ® ® LT NOT TO SCALE SCALE T r 3W-V a 1 OF 6 r, JOB NO J Cz . . z Z � 0134 Q > 0 Q ~ DATE: W J a z W J 4 z a ,� /, w 04.06.04 W ® ® W W (/� z H � ,. REVISIONS. W W W W U w W X W W O a LLI w W U 04.30.04 Lu zLu < Q ❑ cn U � © C/) J ° W a � v - ,. s o LL. C? zd a z • 0cl) LLOL. U z a z • U LL U z a — • - a+ o Q JZ � _� Q U z = U WCY 0 Z UZ coz Lu 0 t= LL � zZ f ` CV J H � a W r V CW W W W Lu 0 00 w O1 � O T. (� (/� U (n O J a W T W O j � Q W r = z DRAWN BY: .� ��� �` � C4 00 Z < W Q W Q W ad W 0) CCO J O Q W C� ti O a TEL r . �� a U) CU W --� �" ©. Er a CC CC 00 00 r cv QO CL CC Jr.: 0o Ci °o L!J \ \ a[ T— r W C�1 OC J *- U r% o N '". �`- Q �o■I� (� � o r ei Q ! � � C1J U W � W 1` LU Lf) � r W C!) 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I r. 0 Vt,0'3 -n Ilu ')) 'bs L9 L'o 0 > FG,jj •bs L9!'o rN N, Oz `OL 10 1=� 101=1 bs 600 lip Z ')I 9 8'0 S ELEA ca m bs 0 j 'bs L99'0 NJ 0 '1) 'bs GUM -11 ,bs bS 66j;'CL < 9 9 q LL .4 U CO OaLe I U MV0 L co In 17i71 0 if co -11 -bs 000'Z� 0 )S Lgt7L L 6 bs 999'17 L c� 17 1 c? U 000'0 _j cc 'V7 OL U, -)I ts 009'L L � '!I'bs 9Z6'C L Cl) li U W L 'e L -13-L 6 I M cc -1)-bs 09 L'O L :A8 NMVda 0 110V • /M 4�1' Y �/A ;ncxory 01 M ct� 4 1,79V -SNOISIA3H ''1 +0 3 111 t',-;% I(C),0 i0 83 I J, g "0 V0,901po :aiva V/ ­A� Th 4-1 _34V 004,911 VIEW ; 4 \ � :'ON sor _,-3 1 14"ER i E!V d JOB NO.: '1120! �CCESS EASEMENT �'M "03" Z 0134 -4 DATE: ----------- Y�/ 101 BIT. ACCESS 04 .06.04 V DRIVE REVISIONS: T'T. ------ 04.30.04 Kit Q) N . • ....... C) v4DRAWN BY: 1 . ....... H 28' TEL DRIVE �i�, - '_ I, --2'. , It ' %"wi 4� - V. CLUB 0 1 USE a P X VA RIVATE _�R IV z D o lI DRIVE ------- 0 EE 0 C.) -0 cl - ------ m IVE-4 > Lo z N m - ------ FUDOEMILA-14IN V K ,It LLI 2r A c: 68, m co IN N a- LL cz Q _j > Lu Lu Q 0 - Y cl k!) (0 (D SVJ Z. cl 0") 0) PRIVATE I 'llu q) Lu N A' BB N --------------------- ------- C) 1 0 C) LLI J DRIVE r'- 00 c x c 0 4 5 NL I . 6 10,884 sq.ft. 12,108 sq.ft. co Q, E E 10,303 sq.ft. a a C9 G? ��tJ)' L Q) Q) Q) 4\2.362 sq. ft RI N 3 �-- I" I / 4 11,571 sq. ft. B _p L!F, 5F EAST-11 w H U- \11 4:g' 2* 28' 4� 2,130 sq.ft. /11111 All BB FLOODPLAIN 11,945 sq.y- 12,035 sq ft-/ A -� 63- 9 10,000 sq. V_ 0 54- WU' 4. 10 13,424 sq. it. cc 56 1 o,GGo sq. V o 1S o c') <1 C) E / / : 11 1? 610 sq- it. 53 14,306 sq. ltll\61 52 (),181 sq.y, 0 Q) .(l) NTHROP C 12,889 sq ft/," lot 2- / 0 46� 56 12,001 sq. It- Rn 0 •/ �� 12,000 sq. 12 lo^ 63' 13� 10,545 sq.?. 50* CQI 15,060 sq < 57 ft LL Q) 0 12,025 sq. ft. 47 Z LLI 15,910 sq. ft, 13 48 49 z 10,545 sqj� 58 14 136 13,399 sq.ft,.- 46 45 Lu 12,120 sq. ft. - 17,047 sq. ft. PRIVATE/ < 6 CDDRIV 14 10,545 sq. fI w 59 Ila, 6 C 16 110 IN/ 39* 3 In 12,120 sq. ft. OT 13,858 sq.ft, 150' op I 15,76�75sq. ft. 15 r / °� LI) 7 10,545 sq. 1 60 1 22 38 35 Z 13 428 s �l 2,120 sq, ft. �=4ry N,402 sq. ft. 40 , q�f � 41 13,719 sq ft. 6 E 37 IA- 44 12,453 sq. ft. (yi 16 15,828 sq- ft. 42 12,000 sq.tt.. 34 61 5 ol 10,545 sq. Z' 9 00 6�1 1 - \1 2,120 sq. ft. 36 rn 43 13,120 sq. ft. J4- -, )�,545 sq. 14,195 sq- ft. I 1- 11,995 sq; ft. /. . I i ---% a z Z 10 \'/_ II r I 0 _ s , 1 3 1 0 0 17 62 69 11 1 C) sq- ft. 12,120 sq. ft- ;33. 15,252 sq.ft. 33 (j) 10,545 : cy) /cl, 1\0,545 sq,ft. IL 68 0 12 227 sq.ft. 80C)o 70 1 -1 oto 63 12,004 sq.it. 0 15,992 sq.ft. E 12,064 sq. f 67 n )o ? F`'\ 0 .1k 64 fV �t'taV 2,627 sq. ft. r 32 ID' 13,019 sq. C) 66 84 110,545 sq. ft. 4�: 0 .9, 1 N 12 0 Its pit N 13,240 sq. f 004 sq.ft. 91 0 71 150' 1 1 125' 17 Ci - M. w 5t 65* __j 15,769 sq. ft. LLI ft 31 C) N,250 s I Lo 1330.66' Lo ..............IIIIIIIIIp .01 66 10,545 sq. ft. m J S k703214011 W CD 0 z 12,004 sq.ft. 769.85' LLI S 87"32'40" W 72 0 _j / cr) 15,764 sq. ft. 30 Q. < 74 82 FLOODPLAIN rr 12,288 sq- 10 73 x0,545 545 sq. ft. 12,004 sq,ft cl) 12,819 Sq. ft. "o 75* 14 a5' w NEIGHBORHOOD 0 2,097 sq. ft. 81 PARK 18 40 12,004 sq. ft. /' 59, 1 66 /10,545 sq. ft. U) I�o I Lr) LL 80 0 76* 0 12,004 sq. ft. (N 620 E 9.37 Ch . 618.421) 77 79 /, ;' a. ou 78 ft?Qj 12,0 37 sq.ft. 12,004 sq.ft. 13,084 sq. uj S640021 11 618.42 x+12,004 sq.ft.l ui SHEET NUMBER < 000e 71, - - - ell ',X z I) mill f t c 5 OF 6 < JOB NO.: --j 0134 �j X, t4,% N 04.06.04 xy, , 'A . , ,7, 'j, Ile, DATE: A Yi Z& 4p. A�, �Pu A REVISIONS: X '4z- '7� 04.30.04 Al ,eel /h +1 'v X", f -------m iP;A �+" � 1 t f .*`�lfai'' ,,lr r/ f `°r,d` FFF `. r � r / 1 •. Y�' ^�Y '`� ,i� �e '"�°T.=.`y .� -""` t-- -$.,.. v v w4 a\ �; V, 1�1 11, - 51 DRAWN BY. ---------------- TEL F r H % j, ji , lk 2 1 "TE <N A U) 4p 0 4d r4a r' N WO Lu V A U) 4/0 'tal C W 0 < EL cc$ 0 > 0 V -A Io c) W 00) y Y• > Z < (00) 0 — 0 I IN cy) W J c: 0L vl� < z cz C, C) 'stN V, w W jo, • Z C) I'll 0 00 (�o _j 0 0 < �9 0 [TI v 41', C 3 36' co Lo A *,32 0.( -� Q 0 ....... ... -Z 32, & zt=_ co 00 769.85 ------------- �V --------- S 87032'4011 W < r`. ,X V_ (7-) K" CD cn co "*--FLOODPLAIN q-- 1001 ? UJ' -:l , -,,(, , NEIGHBORHOOD v6 % A "1 11 �f m PARK 0 3.81 ACRES -i srQ) (N 620 E 9 .37 Ch . 618.42') 0 , 28 2,299 sq. ft.� S 64002'00" W 618.42 LTI A 00 < 27 " f_- 0 ------- 12,046 sq. ft. o ■ 21 ACCESS'S EA kizj15 12,126 sq. ft. 26 AGCE5§_ L=75' L= 815 sq, ft. (b U) _j 22 CZ) A 20 C:) 18 12,776 sq. ft. Q) 076 sq. ft, 1:0? 25 CD 4_4 X 13 19 13,508 sq. ft. 12,993 sq. ft. 174 i CL 10,815 sq. It. < z `D 23 Lr) Lu 12,974 sq. ft- 0 _j >x\ <_ /0 24 EL E 1742 sq. ft. C RI < 30, cc W <D BB A. D x -4 v 00 L E D'1 28' AA \4=� 0 00 7�01 co T Y 0 0, R z C) 00 (D z cy) > u M C) -r - li� . 1 0 E p a. E S C) od to VV 021 2 N 0 0 F LLJ 10' TRAIL z Lij 12c, 20t .25' LL 7� 1 0 CD 2U EASEMENT C) Z G L Lu 3(y 12 8 0-%/ 050'05" E < H 1 . 14 co K m 0 C) (D > 2 "HOW ATM f 2 wm% OmAh- CD (ji uj -703 SHEET NUMBER 2 S 8 - % - 20' ACCESS EASEMENT ==MOO wwwo 'N�,C� �ti 1331 -95 W/ 10' BIT. ACCESS 03015211 E L5 N 87 KI 97I)q 19" E (2640.0')2663-901 DRIVE n,F 6 OF 6 0