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City Council Packet 2023 05-30-23 AGENDA SPECIAL CITY COUNCIL MEETING Tuesday, May 30, 2023 7:00 p.m. City Hall Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Ken Koch Arden Joe Plocher Chris Funkhouser Seaver Tarulis Dan Transier Craig Soling Matt Marek Rusty Corneils Establishment of Quorum: Amendments to Agenda: Presentations: 1. Police Commissioner Bob Johnson Recognition Public Hearings: 1. Bristol Ridge Solar Farm 105 & 106 Annexation Agreement Amendment Citizen Comments on Agenda Items: Consent Agenda: 1. Bill Payments for Approval $ 2,309,790.70 (vendors – FY 23) $ 504,053.71 (vendors – FY 24) $ 2,971.98 (wire payments) $ 388,055.12 (payroll period ending 05/12/2023) $ 3,204,871.51 (total) 2. PW 2023-42 Easement for Contract A Water Main – 1308 Game Farm Road – accept the easement and authorize the Mayor, City Clerk, and City Engineering to execute 3. PW 2023-46 Grande Reserve Unit 13 – Release of Guarantee – authorize the release of the remaining performance security in the amount of $87,600 4. PW 2023-47 Grande Reserve Unit 14 – Release of Guarantee – authorize the release of the remaining performance security in the amount of $125,600 United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda May 30, 2023 Page 2 Consent Agenda (cont’d): 5. PW 2023-48 Grande Reserve Unit 23 – Release of Guarantee – authorize the release of the remaining performance security in the amount of $520,410.95 Mayor’s Report: 1. CC 2023-23 Resolution Approving an Intergovernmental Agreement Between Yorkville Community Unit School District No. 115 and the United City of Yorkville for Pre-closing Possession of 800 Game Farm Road 2. CC 2023-25 Appointment to Boards and Commissions 3. CC 2023-30 Chief of Police Employment Contract 4. CC 2023-33 Ordinance Amending the Traffic Schedule and Index (East Main St. and McHugh Rd.) 5. CC 2023-34 Resolution Approving an Intergovernmental Agreement Between the Village of Oswego and the United City of Yorkville Regarding Joint Employment of a Training Coordinator 6. CC 2023-35 2023 Website Redesign – Design Concept Review 7. CC 2023-36 Parks and Recreation Playground Purchases a. Approval of Parks and Recreation Playground Purchases b. Ordinance Authorizing the Second Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 8. CC 2023-37 Ordinance authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. 9. CC 2023-38 Green Door a. Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC Relating to Engineering Services for Infrastructure Projects b. Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC, Relating to the Construction of Water and Sanitary Services c. Agreement for Professional Services Lincoln Prairie Water Main, Agreement for Professional Services Lincoln Prairie Sanitary Sewer – Corneils, and Agreement for Professional Services Lincoln Prairie Sanitary Sewer – South Public Works Committee Report: 1. PW 2023-43 Heartland Meadows – Consideration of Acceptance 2. PW 2023-44 2023 Sanitary Sewer Lining – Design and Construction Engineering Agreement 3. PW 2023-45 2024 Water Main Replacement – Design Engineering Agreements City Council Agenda May 30, 2023 Page 3 Public Works Committee Report (cont’d): 4. PW 2023-49 Supplemental MFT Resolution for Bulk Rock Salt 5. PW 2023-50 Purchase and Sale of Public Works Vehicles a. Approval of the Purchase and Sale of Public Works Vehicles b. Ordinance Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 10. CC 2021-04 City Buildings Updates 11. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: June 21, 2023 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Marek Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Koch Committee: Alderman Corneils City Council Agenda May 30, 2023 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont’d): ECONOMIC DEVELOPMENT: June 6, 2023 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Plocher Community Development Planning & Zoning Commission Vice-Chairman: Alderman Funkhouser Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Transier Committee: Alderman Tarulis PUBLIC SAFETY: July 6, 2023 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Transier Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Soling Committee: Alderman Funkhouser PUBLIC WORKS: June 20, 2023 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Koch Public Works Park Board Vice-Chairman: Alderman Soling Engineering YBSD Committee: Alderman Marek Parks and Recreation Committee: Alderman Corneils UNITED CITY OF YORKVILLE WORKSHEET SPECIAL CITY COUNCIL Tuesday, May 30, 2023 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Police Commissioner Bob Johnson Recognition ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARING: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bristol Ridge Solar Farm 105 & 106 Annexation Agreement Amendment ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2023-42 Easement for Contract A Water Main – 1308 Game Farm Road □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3.PW 2023-46 Grande Reserve Unit 13 – Release of Guarantee □Approved: Y ______ N ______ □ Subject to __________________________________________ □Removed ________________________________________________________________________ □Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4.PW 2023-47 Grande Reserve Unit 14 – Release of Guarantee □Approved: Y ______ N ______ □ Subject to __________________________________________ □Removed ________________________________________________________________________ □Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5.PW 2023-48 Grande Reserve Unit 23 – Release of Guarantee □Approved: Y ______ N ______ □ Subject to __________________________________________ □Removed ________________________________________________________________________ □Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2023-23 Resolution Approving an Intergovernmental Agreement Between Yorkville Community Unit School District No. 115 and the United City of Yorkville for Pre-closing Possession of 800 Game Farm Road □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2023-25 Appointments to Boards and Commissions □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2023-30 Chief of Police Employment Contract □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2023-33 Ordinance Amending the Traffic Schedule and Index (East Main St. and McHugh Rd.) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2023-34 Resolution Approving an Intergovernmental Agreement Between the Village of Oswego and the United City of Yorkville Regarding Joint Employment of a Training Coordinator □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2023-35 2023 Website Redesign – Design Concept Review □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2023-36 Parks and Recreation Playground Purchases a. Approval of Parks and Recreation Playground Purchases b. Ordinance Authorizing the Second Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 8. CC 2023-37 Ordinance authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 9. CC 2023-38 Green Door a. Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC Relating to Engineering Services for Infrastructure Projects □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC, Relating to the Construction of Water and Sanitary Services □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Agreement for Professional Services Lincoln Prairie Water Main, Agreement for Professional Services Lincoln Prairie Sanitary Sewer – Corneils, and Agreement for Professional Services Lincoln Priaire Sanitary Sewer – South □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2023-43 Heartland Meadows – Consideration of Acceptance □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2023-44 2023 Sanitary Sewer Lining – Design and Construction Engineering Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2023-45 2024 Water Main Replacement – Design Engineering Agreements □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2023-49 Supplemental MFT Resolution for Bull Rock Salt □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2023-50 Purchase and Sale of Public Works Vehicles a. Approval of the Purcahes and Sale of Public Works Vehicles b. Ordinance Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 10. CC 2021-04 City Buildings Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 11. CC 2021-38 Water Study Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Hearing #1 Tracking Number Bristol Ridge Solar Farms 105 and 106 – Amendment to Annexation Agreement Special City Council – May 30, 2023 Majority Approval PUBLIC HEARING for Bristol Ridge Solar Farms 105 and 106 annexation agreement amendment. Jason Engberg Community Development Name Department SUMMARY: The request is for an amendment to an existing annexation agreement for the Bristol Ridge Subdivision approved in 2006 (Ord. 2006-126). The development covered approximately 135-acre northern property and approximately 55-acre southern property of land under contract by the former developer, Bristol Ridge, LLC, for a proposed residential subdivision (refer to plat of zoning plan below). While the City annexed the parcels (Ord. 2006-127) and rezoned the properties R-2 One Family Residence District and R-3 General Residence District (Ord. 2006-128), a final plat was never recorded and the development never commenced. This left the properties in the Bristol Ridge Subdivision saddled with entitlements that limited their ability to redevelop, expand or rezone without City Council action. The petitioner, Turning Point Energy on behalf of the owner Daniel B. Light, and with the permission from all property owners within the development, is intending to utilize the southern 54-acre property and 42 acres of the northern parcel for two solar farms. The properties are currently being used for agricultural purposes. Therefore, the amendment seeks to remove the subject property from the previously approved annexation agreement. Since the annexation agreement is not set to expire until 2026, the property owner must seek City Council approval to remove themselves from the agreement’s provisions by amendment. Once removed, the property will only retain its zoning, which permits both R-2 and R-3 Zoning District. The petitioner is seeking to rezone the properties to the A-1 Agricultural District where the solar farm land use is considered a special use. Both a rezone and special use requests have been submitted by the petitioner and are currently being considered by the Planning and Zoning Commission. Memorandum To: City Council From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Kathleen Field-Orr, City Attorney Date: May 24, 2023 Subject: Bristol Ridge Solar Farm 105 & 106 –Amendment to Annexation Agreement DEVELOPMENT BACKGROUND: In 2006, Bristol Ridge was annexed into Yorkville and the property was zoned for R-2 and R-3 Zoning District land uses via Ordinances 2006-127 and 2006-128. The developer at that time, Bristol Ridge, LLC, annexed two (2) parcels totaling roughly 190-acres and as part of the annexation agreement, designated parcels for R-2 One Family Residence District and R-3 General Residence District according to a plat of zoning attached to the annexation agreement. While these zoning districts were approved, the plan also permitted duplex units in the southern parcel. The property has remained vacant and undeveloped since the original approvals in 2006. PROPOSED SOLAR FARM: The petitioner, Turning Point Energy, LLC, is seeking to construct a solar farm on the southern 54-acre parcel generally located east of Cannonball Trail and south of Galena Road and another solar farm on a 42- acre parcel north of the first parcel. To construct these facilities, the petitioner is requesting to rezone the parcel from the R-2 Single-Family and R-3 General Residence to the A-1 Agricultural District, special use permit approval for a solar farm land uses, and variance approval to decrease the minimum distance between the ground and the solar panels from ten (10) feet to a minimum height of two (2) feet. The petitioner is seeking these requests separately from the annexation agreement amendment and will be conditional upon the amendment’s approval. The layout of the solar farm and the complete application are attached to this memorandum for informational purposes. The City Council public hearing is only for the request to remove these parcels (PIN 02-15-126-004 and 02-10-300-017) from the Bristol Ridge Development. PROPOSED AMENDMENT: The proposed amendment to Ordinance 2006-126 deletes Paragraph 3: Zoning and Other Applicable Ordinances of the original annexation agreement and replaces it with the following: The City has adopted an ordinance annexing to the City the Subject Property and shall adopt an ordinance zoning the Subject Property into the A-1 Agricultural District for parcels 02-15-126-004 and 02-10-300- 017, which may be further changed without amendment of this Agreement pursuant to the procedures of the Zoning Code. The attached agreement is a draft in nature and will need to be signed by the other property owner, Daniel Kramer, within the Bristol Ridge Subdivision and will be a member party to the agreement. STAFF COMMENTS: Staff is highly supportive of the proposed annexation agreement amendment based upon legal counsel recommendation and in consideration of the length of time the area has remained undeveloped under the current concept plan and zoning. Staff and the petitioner will be available at Tuesday night’s meeting to answer any questions. ATTACHMENTS: 1. Draft Annexation Agreement 2. Draft Annexation Agreement Ordinance 3. Bristol Ridge Solar Farm Application 105 4. Bristol Ridge Solar Farm Application 106 FIRST AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE, LLC (Bristol Ridge) This First Amendment (the “Amendment”) to the Annexation Agreement dated October 24, 2006, pertaining to the Bristol Ridge Subdivision, is entered into this __ day of July, 2023, by and between the United City of Yorkville, Illinois, a municipal corporation (the “City”) and Daniel B. Light, the owner of a portion of the Bristol Ridge Subdivision properties (the “DEVELOPER”); and, WHEREAS, Bristol Ridge, LLC (the “Original Owner”) entered into an ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE, LLC (the “Original Annexation Agreement”) dated October 24, 2006 that was approved by the Mayor and City Council (the “Corporate Authorities”) by Ordinance No. 2006-126 on October 24, 2006 and recorded with the Kendall County Recorder on May 15, 2007 as document 200700015754; and, WHEREAS, the Original Annexation Agreement provided for the annexation of approximately 190 acres of land to the City (the “Property”), when due to the changes in the economic conditions in the country and most particularly in the region, the Original Owner lost ownership of the Property; and, WHEREAS, Daniel B Light, DEVELOPER is the current owner of an approximate 54 acre property and an approximate 42 acre property of the Bristol Ridge Subdivision that is legally described on Exhibit A attached hereto and made a part hereof (the “Subject Properties”) with PIN Numbers: 02-15-126-004 and 02-10-300-017; and, WHEREAS, DEVELOPER has petitioned the City to rezone the Subject Properties pursuant to the current United City of Yorkville Zoning Ordinance (the “Zoning Code”) in order to permit DEVELOPER to proceed with operation under the City’s A-1 Agricultural District; and, WHEREAS, DEVELOPER has petitioned the City for special use authorization on the Subject Properties in order to permit DEVELOPER to construct and operate a solar farm land use; and, WHEREAS, the DEVELOPER is prepared to participate in all public hearings as required by law to accomplish this Amendment to the Original Annexation Agreement and as may be required to rezone the Property under the Zoning Code. NOW, THEREFORE, the parties hereto agree as follows: 1. The above recitals are incorporated herein and made a part of this Agreement. 2. That the fifth whereas clause be and is herby repealed. 3. That Paragraph 3 of the Original Annexation Agreement is hereby deleted and replaced with the following: ZONING AND OTHER APPLICABLE ORDINANCES The City has adopted an ordinance annexing to the City the Subject Property and shall adopt an ordinance zoning the Subject Property into the A-1 Agricultural District for parcels 02-15-126-004 and 02-10-300-017, which may be further changed without amendment of this Agreement pursuant to the procedures of the Zoning Code. 4. That Paragraph 30, Notice, of the Original Annexation Agreement is hereby amended by deleting the person named to receive notice for the Developer and insert the following: To Developer: Daniel B Light 104 S. Wynstone Park Drive North Barringotn, IL 60010 With a copy to: Kyle C. Barry McGuire Woods LLP 1 North Old State Capitol Plaza, Suite 410 Springfield, IL 62701 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Original Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal Corporation By: _______________________________________ Mayor Attest: _________________________________ City Clerk DEVELOPER By: _______________________________________ Daniel B Light PROPERTY OWNER _______________________________________ Daniel J. Kramer Attest: __________________________________ Witness 1 Ordinance No. _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR A PORTION OF THE BRISTOL RIDGE SUBDIVISION (Daniel B Light) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Bristol Ridge, LLC (the “Original Owner”) entered into an ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE, LLC (the “Original Annexation Agreement”) ”) dated October 24, 2006 that was approved by the Mayor and City Council (the “Corporate Authorities”) by Ordinance No. 2006-126 on October 24, 2006 and recorded with the Kendall County Recorder on May 15, 2007 as document 200700015754; and, WHEREAS, the Original Annexation Agreement provided for the annexation of approximately 190 acres of land to the City (the “Property”), when due to the changes in the economic conditions in the country and most particularly in the region, the Original Owner lost ownership of the Property; and, WHEREAS, Daniel B Light, DEVELOPER is the current owner of an approximate 54 acre property and an approximate 42 acre property of the Bristol Ridge Subdivision that is legally described on Exhibit A attached hereto and made a part hereof (the “Subject Properties”) with PIN Numbers: 02- 15-126-004 and 02-10-300-017; and, WHEREAS, DEVELOPER has petitioned the City to rezone the Subject Properties pursuant to the current United City of Yorkville Zoning Ordinance (the “Zoning Code”) in order to permit DEVELOPER to proceed with operation under the City’s A-1 Agricultural District; and, WHEREAS, DEVELOPER has petitioned the City for special use authorization on the Subject Properties in order to permit DEVELOPER to construct and operate a solar farm land use; and, WHEREAS, the Corporate Authorities conducted a public hearing on the amendment of the Original Annexation Agreement on May 30, 2023 and the statutory procedures provided in 65 ILCS 5/11-15.1-1, as amended, for the approval of this First Amendment have been complied with. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: That the FIRST AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE, LLC (Bristol Ridge), attached hereto and made a part hereof by reference as Exhibit A be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said First Amendment. 2 Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2023. ______________________________ City Clerk DAN TRANSIER ______ KEN KOCH ______ CRAIG SOLING ______ ARDEN JOE PLOCHER ______ CHRIS FUNKHOUSER ______ MATT MAREK ______ SEAVER TARULIS ______ RUSTY CORNEILS ______ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2023. ____________________________________ Mayor Application for Special Use Permit Proposed 5-Megawatt AC Ground-Mount Community Solar Facility The United City of Yorkville Kendall County, IL TPE IL KE105, LLC c/o TurningPoint Energy, LLC 3720 South Dahlia Street Denver, CO 80237 February 9, 2023 Application for Special Use Permit | Page 2 Table of Contents 1.0 INTRODUCTION ......................................................................................................................4 1.1 Project Overview ......................................................................................................................... 4 1.2 About TurningPoint Energy ......................................................................................................... 5 2.0 SITE LOCATION & EXISTING CONDITIONS .................................................................................5 2.1 Existing Conditions ...................................................................................................................... 5 2.2 Natural Resources and Consultations with State and Federal Authorities ................................. 5 2.2.1 Natural Resource Inventory (“NRI”) ........................................................................................ 5 2.2.2 Wetlands and Floodplain ........................................................................................................ 5 2.2.3 U.S. Fish & Wildlife Service (“USFWS”) ................................................................................... 6 2.2.4 Illinois Department of Natural Resources (IDNR) State Ecological Review ............................. 6 2.2.5 Illinois State Historic Preservation Office ................................................................................ 6 2.2.6 Illinois Department of Agriculture (IDOA) ............................................................................... 6 2.3 Community Outreach & Benefits ................................................................................................ 7 3.0 PERFORMANCE STANDARDS AND SOLAR PROJECT DESIGN ......................................................7 3.1 Project Description & Design Standards ...................................................................................... 7 3.2 Noise ............................................................................................................................................ 8 3.3 Vibration ...................................................................................................................................... 8 3.4 Air pollution ................................................................................................................................. 9 3.5 Toxic substances .......................................................................................................................... 9 3.6 Fire and explosive hazards........................................................................................................... 9 3.7 Glare and heat ........................................................................................................................... 10 3.8 Setback Compliance, Landscape & Buffering Plan .................................................................... 11 3.9 Viewshed ................................................................................................................................... 11 3.10 FAA Filing ................................................................................................................................... 11 3.11 Safety and Security .................................................................................................................... 11 3.12 Interconnection ......................................................................................................................... 12 3.13 Operation and Maintenance ..................................................................................................... 12 3.14 Decommissioning Plan ............................................................................................................... 12 3.15 Itemized Cost Estimate .............................................................................................................. 13 4.0 APPROVAL CRITERIA ............................................................................................................. 13 4.1 Special Use Required Findings of Facts (Section 10-4-9, Zoning Code) ..................................... 13 Application for Special Use Permit | Page 3 List of Appendices: x A – Application Forms o Application to Amend Agreement o Application for Rezoning o Application for Variance o Application for Special Use x B – Zoning Site Plan x C – Decommissioning Plan x D – Wetland Delineation (Level 1) x E – Environmental Constraints Memorandum x F – IDNR EcoCAT x G – SHPO Concurrence x H – NRI Application & Report x I – Manufacturer’s Specifications x J – Operations and Maintenance Plan x K – Transportation and Access Plan x L – Interconnection Agreement x M – Glare Study and F.A.A. Notice Criteria Filing x N – Contaminant and Water Studies x O – Viewshed x P – FEMA FIRM Map x Q – Property Impact Study Application for Special Use Permit | Page 4 1.0 INTRODUCTION 1.1 Project Overview TurningPoint Energy, LLC d/b/a TPE Development through its affiliated entity TPE IL KE105, LLC (the “Applicant”) proposes the development of a 5-megawatt AC solar photovoltaic system on a single parcel of land located east of Cannonball Trail and south of Galena Road, Yorkville, IL 60512 (the “Project”). The Project will consist of a single axis tracking ground-mounted solar array, associated electrical equipment, an access driveway and fence covering approximately 26 acres of the 54-acre parcel (ID 02-15-126-004). The Project intends to participate in the Illinois Adjustable Block Community Solar Program and will power the equivalent of approximately 1,0301 homes. Community Solar allows residents of Illinois to purchase locally generated clean electricity at a discount to current electric rates without having to install panels on their roof. The Project’s host parcel is in the R-2 (Single family traditional) and R-3 (Multi-family attached residence) zoning district and is included in the “Bristol Ridge” Planned Unit Development. To comply with the landowner’s requirements, Applicant has submitted separate applications requesting (1) to Amend the Annexation Agreement (Yorkville Ordinance 2006-126) to allow for the withdrawal of the parcel from the Bristol Ridge Planned Unit Development, and (2) Rezone the parcel from R-2 and R-3 to A-1 zoning in which solar is allowable under Special Use. The Applicant has included requests in the Agreement Amendment and Rezoning applications to make the rezoning contingent upon the issuance of a building permit for construction for the Project. The City of Yorkville’s Zoning Ordinance (“Ordinance”) allows for the construction and operation of Solar Farms by Special Use Permit in A-1 Zoning Districts (consideration of the SUP application requires the re-zoning request to be approved first). All setbacks prescribed in the Yorkville Zoning Ordinance will be complied with to ensure a sufficient buffer is maintained between the panels and neighboring property lines and rights-of-way. Additional plantings have been proposed in areas near residential parcels to screen the array from neighboring residences. The City’s solar ordinance (10-19-7-D) requires a minimum height of 10 feet above the surface. This height will make the panels highly visible from the neighboring roads and parcels. Applicant further requests a Variance lowering this minimum height to two feet above the surface. The decreased height will reduce both visibility and construction impact by reducing anchoring and foundation requirements. If approved, the Project will bring significant and consistent benefits to the City of Yorkville and the community surrounding the Project. The Project will create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community will benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. 1Calculation based on data provided by U.S. Energy Information Administration (EIA): https://www.eia.gov/consumption/residential/reports/2009/state_briefs/pdf/IL.pdf and https://www.eia.gov/electricity/sales_revenue_price/pdf/table5_a.pd Application for Special Use Permit | Page 5 1.2 About TurningPoint Energy Formed in 2014, TPE is a privately held, independent company transforming our energy future by creating freedom to choose a smarter, cleaner, more flexible way forward through community solar. As a privately held and independent company, TPE customizes projects to the unique needs of each client. Our team has financed and/or built over 2 Gigawatts (GW) of the solar projects operating in the U.S. today. Since 2017, TPE has focused these services on the expanding community solar market in states including Illinois, Maine, Maryland, Delaware, Pennsylvania, Texas, and Rhode Island. TPE’s development and investment portfolio now includes over 169MW of community solar projects in construction or operation, with an additional 840MW in solar projects under development . TPE is a “triple bottom line” company; we believe that our business should create financial, environmental, and community value in every project we create. Our intent is to be long term community members. Upon successful permitting and utility interconnection, TPE typically makes donations to local charities and non-profits doing good work in the communities in which we work. 2.0 SITE LOCATION & EXISTING CONDITIONS TPE, in coordination with its engineering consultant, Kimley-Horn, has prepared and compiled information from many sources to form the basis of design for the proposed Project. A summary of existing conditions and the design elements that avoid and or minimize impact to the environment and surrounding community is presented below. 2.1 Existing Conditions The proposed Project is located on approximately 54 acres of land in northern Kendall County in the City of Yorkville. The site generally flows south and southeast and any water eventually discharges to Blackberry Creek. It is presently an empty field having been harvested of soybeans in the Fall. Per the Natural Resources Conservation Services, the onsite soils consist of type B/D, C/D, and B silt loam. 2.2 Natural Resources and Consultations with State and Federal Authorities 2.2.1 Natural Resource Inventory (“NRI”) Kimley-Horn submitted the Natural Resource Inventory (NRI) packet on July 29, 2022, to the Kendall County Soil and Water Conservation District (“SWCD”). The NRI report was finalized on August 9, 2022. A copy of the report is included as Appendix H. The report notes a Land Evaluation (LE) score of 84 out of 100, giving it a high rating for agricultural use. However, the SWCD acknowledges that the report in no way indicates that a certain land use is not possible. See Appendix N for the beneficial effects of a solar farm. 2.2.2 Wetlands and Floodplain The Project will be designed to avoid impacts to USACE jurisdictional waters. A Level 1 Wetland Delineation has been completed and two potential wetlands were identified within the Project Area. Please see Appendix D for additional information. Application for Special Use Permit | Page 6 Per FEMA FIRM Map Panel 17093C0035H, the development is in Zone X, which is considered an area of minimal flood hazard. Refer to Appendix P for a copy of the FEMA FIRM Map. 2.2.3 U.S. Fish & Wildlife Service (“USFWS”) The Project will be designed such that no federally listed species will be significantly impacted. Solar projects typically impose only minimal impacts on wildlife species. The Project’s potential to impact federally protected species was evaluated as part of an Environmental Constraint Memorandum, which is included as Appendix E. The assessment indicated that five federally listed species should be considered in an effects analysis for the Project, including the federally endangered Indiana bat (Myotis sodalis), the federally threatened northern long-eared bat (Myotis septentrionalis), the federally endangered rusty patched bumble bee (Bombas affinis), the federally threatened eastern prairie fringed orchid (Platanthera leucophaea), and the federal candidate monarch butterfly (Danaus plexippus). Prior to construction, consultation with the USFWS will occur to confirm a “No Effect” determination. 2.2.4 Illinois Department of Natural Resources (IDNR) State Ecological Review The Applicant consulted with IDNR for potential impacts to state threatened or endangered species. This consultation is conducted pursuant to IDNR’s Ecological Compliance Assessment Tool (“EcoCAT”). The Applicant submitted an EcoCAT review request to IDNR in July 2022. The review found that the Mottled Sculpin (Cottus bairdii) may be in the vicinity of the Project. After further consultation, the review concluded that adverse effects are unlikely and, therefore, the consultation was terminated by IDNR. This termination aligns with 17 Ill. Adm. Code Part 1075 Refer to Appendix F for a copy of the IDNR EcoCAT. 2.2.5 Illinois State Historic Preservation Office Under the Illinois State Agency Historic Resources Protection Act, the State Historic Preservation Office (“SHPO”) division at IDNR is responsible for studying possible Project effects on archaeological and/or architectural (cultural) resources. Agencies requiring SHPO evaluation concurrent with their review include the Illinois Environmental Protection Agency (“IEPA”), IDNR, and the USACE. According to the Illinois SHPO database, no surveys, archeological sites, or historic buildings are listed on or within 0.5 mile of the site. The Applicant submitted a SHPO Project Review Form on July 22, 2022, for agency review. A response letter has not yet been received. Once the SHPO’s findings become available, they will be provided to the County, and it will be included as Appendix G. The SHPO Project Review form has been included as part of this package. 2.2.6 Illinois Department of Agriculture (IDOA) The Illinois Renewable Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/1 et seq.)) requires the owner of a commercial solar energy facility to have an Agricultural Impact Mitigation Agreement (AIMA) in place within 45 days prior to the commencement of Project construction. The intent of the AIMA is to preserve and/or restore the integrity of affected agricultural land during construction and decommissioning activities. The Project will enter into an AIMA with the Illinois Department of Agriculture in advance of 45 days before construction commencing. Application for Special Use Permit | Page 7 2.3 Community Outreach & Benefits TPE likes to proactively engage the communities in which we work early in the process to determine what questions and concerns potential neighbors might have and give us adequate time to educate and address them prior to the public process. We typically place calls, send letters and door knock on adjacent properties to our planned solar site as well as meet with local officials. Community Solar projects such as KE105 enable residents to receive power savings from signing up to participate in a community scale solar project without installing solar on their rooftops. In 2018, the State of Illinois enacted a statute that imposes a standardized, state assessment of a fair cash value for solar energy projects covering both the improvements and the land. As a result, once constructed this Project will pay property taxes of approximately $840,000 over 30 years split between Kendall County, Bristol Township, the United City of Yorkville, and applicable school, fire, and other taxing authorities. The Project will create approximately 50-75 jobs during the 4 to 6-month construction process. A regional operations and maintenance firm will service the facility over its working life cycle. Unlike nearly all other forms of development (residential, commercial, or industrial), the community will benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, limited use of roads, and little to no need for police or fire departments. 3.0 PERFORMANCE STANDARDS AND SOLAR PROJECT DESIGN 3.1 Project Description & Design Standards The Project will consist of a ground-mounted solar array constructed in the central area of the Project site. The solar array will consist of solar panels attached to single axis trackers structures attached to driven steel pier foundations or ground screw foundations, depending on the subsurface composition. An Illinois licensed engineer will certify the foundation and design of the solar racking system is suitable to meet local soil and climate conditions. The Project will be constructed by a licensed Engineering Procurement and Construction (“EPC”) Contractor. The design and construction process will comply with all national, state, and local applicable building, electrical and fire codes, as well as the National Electrical Code (“NEC”). The EPC Contractor shall also possess all professional and trade licenses required by the state and local authorities. The EPC Contractor will create and maintain a health and safety manual in accordance with OSHA requirements which establishes appropriate rules and procedures concerning workplace safety. Noise from construction activities will be in accordance with all applicable federal, state, and local regulations. The inverters and transformers will be located on one or more concrete pads or piles. All power and communication lines within the solar array and to the point of interconnection will be buried Application for Special Use Permit | Page 8 underground. Utility poles at the point of interconnection will be above ground. The Project footprint area covers approximately 26 acres. Specifications for solar panels, inverters, and racking system proposed for the Project are included as Appendix I. The panels will have a maximum height of 15 feet and the array will be surrounded by an 8-foot-high fence for safety and security purposes. Entry into the fenced areas will be through gates with Knox Boxes for emergency access. The Project design and planning process focused on minimizing any potential impacts to the surrounding neighborhood. The Project will produce electricity without requiring any combustion of materials; as a result, the community solar array will not cause or emit odors, dust, gas, smoke, or fumes. In addition, the Project will have very few moving parts and will generate electricity primarily in a passive manner – collecting the sun’s rays and converting energy associated with the rays into electricity – so the Project will not produce vibrations, none of which would impact surrounding properties. The array is designed to meet all required setbacks from neighboring residential and religious properties in compliance with the Ordinance and incorporates vegetative screening that will grow over time for the benefit of nearby parcels, as outlined in Section 3.8. A warning sign shall be provided at the facility entrance and along the perimeter fence including the facilities 911 address and a 24-hour emergency contact number. No outdoor storage is planned for the Project at this time. In the event outdoor storage is needed, the Project will apply for the necessary approvals for the contemplated storage. The scope of work includes but is not limited to: x Construction of 20-ft wide gravel access roads x Construction of project equipment pads x Construction of a temporary staging areas x Installation of solar panels and associated support equipment and structures x Installation of buried and overhead collector lines 3.2 Noise The Project will operate in accordance with City Ordinance Title 4, Chapter 4, Section 5 (4.4.5). Solar panels themselves do not produce any noise. The only components in the array that generate noise are the inverters and transformers. The inverters have been purposely located away from the nearest residential abutters. The final inverter pad design will ensure that any noise emitting components will be oriented towards the interior of the Project and directed away from neighboring parcels. The inverters are rated at 65 dBA at 1 meter as indicated in the manufacturer’s specification sheet in Appendix I. Sound waves diminish with distance in accordance with mathematical principles of sound level drop. Extrapolating the manufacturer’s sound data at one meter and projecting to neighboring property lines shows that a sound level of less than 50dBA is anticipated at the property line located approximately 100 feet away. The Project will comply with any sound limitations imposed by the Illinois Pollution Control Board during operations. 3.3 Vibration There will be no vibrations generated by the solar panels or racking during the operating period of the Project. There may be de minimis vibrations produced by the inverter, but any such vibrations will not Application for Special Use Permit | Page 9 extend to the surrounding properties. The Project’s comprehensive maintenance plan includes routine inspections to assess and correct any malfunctioning equipment. 3.4 Air pollution including (a) Visual emissions, (b) Particulate matter emissions; (c) Fugitive particulate matter emissions; (d) Odorous matter; (e) Airborne toxic matter The Project will not emit air pollution of any kind. It will in fact provide a net environmental carbon benefit. According to the EPA Clean Energy Equivalencies Calculator the Project will avoid the environmental equivalent of 8,072 metric tons of carbon annually, which is comparable to: x Carbon sequestered by 9,553 acres of forest x 908,281 gallons of gasoline consumed each year x 1,739 gasoline-powered passenger vehicles removed from our streets A commitment to wildlife-sensitive building and management practices during and after construction will allow for increased local biodiversity. TPE proposes to use pollinator friendly ground cover underneath the Project and native plantings around the perimeter. Clover and grass species that promote the establishment and long-term health of bee populations will give bee and small mammal populations a new pollinator friendly habitat. The Project will not use any pesticides for vegetation management. 3.5 Toxic substances There are no toxic substances in the panels. The Project will incorporate Tier 1 silicon-based PV panels, which have been analyzed as follows by North Carolina State University: Well over 80% (by weight) of the content of a PV panel is the tempered glass front and the aluminum frame, both of which are common building materials. Most of the remaining portion are common plastics, including polyethylene terephthalate in the backsheet, EVA encapsulation of the PV cells, polyphenyl ether in the junction box, and polyethylene insulation on the wire leads. The active, working components of the system are the silicon photovoltaic cells, the small electrical leads connecting them together, and to the wires coming out of the back of the panel. The electricity generating and conducting components makeup less than 5% of the weight of most panels. The PV cell itself is nearly 100% silicon, and silicon is the second most common element in the Earth's crust. The silicon for PV cells is obtained by high-temperature processing of quartz sand (SiO2) that removes its oxygen molecules. The refined silicon is converted to a PV cell by adding extremely small amounts of boron and phosphorus, both of which are common and of very low toxicity. Please see Appendix N for the full report. 3.6 Fire and explosive hazards The solar panels and racking, which comprise the majority of the Project’s equipment, are not flammable. Tempered glass offers protection from heat and the elements, and the panels are designed to absorb heat as solar energy. From a study by North Carolina State University: Application for Special Use Permit | Page 10 …Concern over solar fire hazards should be limited because only a small portion of materials in the panels are flammable, and those components cannot self-support a significant fire. Flammable components of PV panels include the thin layers of polymer encapsulates surrounding the PV cells, polymer back sheets (framed panels only), plastic junction boxes on rear of panel, and insulation on wiring. The rest of the panel is composed of non-flammable components, notably including one or two layers of protective glass that make up over three quarters of the panel’s weight. Please see Appendix N for the full report. 3.7 Glare and heat As explained in the fire and explosive hazards Section 3.6, there is no heat generated by the Project. A glare study was performed by TPE using ForgeSolar software to assess the possible effects of reflectivity created by the Project. ForgeSolar software incorporates GlareGauge, the leading solar glare analysis tool which meets Federal Aviation Administration (“FAA”) standards and is used globally for glare analysis. It is based on the Solar Glare Hazard Analysis Tool licensed from Sandia National Laboratories. A model of the Project was input into the software along with (4) Route Receptors along roadways in vicinity of the site with another Route Receptor for the railroad south of the project area. Height was assessed at 5 feet above ground to emulate passengers in cars and up to 15 feet for the cab of the locomotive (Route 1). Further, (24) Observation Receptors were modeled at specific dwellings located around the perimeter of the solar array. Heights were modeled at 15 feet above ground to emulate residents on the second floor of dwellings and evaluate the worst-case glare impact (single story dwellings will have lower glare). A direct line of sight between the Project and the designated Route Receptors and Observation Receptors is required to produce any discernible glint/glare. The presence of existing or proposed vegetation between the receptor and the Project will eliminate any glint/glare. The model assumes the sun is shining 100% of the time it is above the horizon (during laylight hours). That is, it does not account for cloudy or overcast conditions when the sun is not shining. The results, therefore, are the maximum (theoretical) expected glint and glare during any single year. Existing topography is taken into account in the simulation based on LIDAR (“Light Detection and Ranging”) data. Existing and planned vegetation are not considered in the simulation. The model assumes zero vegetation screening the Project; this must be considered when interpreting the study results. To reduce glare in the east and west directions during low sun periods, a 5-degree tracker resting angle was implemented during these times; this eliminates the main source of glare for solar projects. This lower angle will position the panels in a near flat position; they will face upwards and not reflect light from the rising or setting sun towards nearby buildings, cars, or trains. Based on the above inputs/assumptions, no potential for glint or glare was identified in the analysis at any of the Route Receptors or neighboring Observation Receptors. While excluded from the analysis, existing and planned vegetation will further shield the view of the project from nearby properties, roadways, and railroad. No additional mitigation measures are recommended since no glint or glare is anticipated based on the ForgeSolar GlareGauge results. Application for Special Use Permit | Page 11 Please see Appendix M for a more detailed analysis of the Forge Solar results and a copy of the ForgeSolar Assessment. 3.8 Setback Compliance, Landscape & Buffering Plan The Project proposes to conform with all applicable City setbacks from neighboring properties and public rights-of-way. The western side of the array where the closest residential neighbors are located will incorporate a vegetated buffer. This buffer will consist of two staggered rows of naturalized or native evergreen shrub spaced 28 feet apart on center (from the center of one plant to the center of the next plant). In front of these rows will be a third row consisting of native deciduous shrubs that obscure any gaps, replaced by an understory tree every 100 ft. The buffer area in between these plantings and the road will be seeded with a native pollinator friendly seed mix and areas underneath the solar arrays will be stabilized with a low-height, pollinator-friendly mix. Both pollinator seed mixes are intended to provide food and shelter for wildlife and will attract a variety of pollinators and songbirds. The seed mix will provide an attractive display of color from spring to fall and will provide nectar and food for pollinators and their larva. A final landscape plan will be designed by a landscape architect in accordance with the Ordinance prior to issuance of a Building Permit. 3.9 Viewshed TPE conducted a viewshed analysis and prepared photo simulations of the proposed site from nearby public roads and residential property owners. The model is used to provide a mock-up of what portion of the solar array may or may not be visible. The viewshed analysis was conducted from residential neighbors and from Cannonball Trail depicting the viewshed at the time of landscape planting as outlined in Section 3.8. The viewshed analysis combines a digital model of the terrain, derived from online Google earth terrain data, and incorporates the height and position of Project components, existing vegetation and proposed new plantings and the eye-level of a theoretical observer into input data for a computer model. The model provides a view between the Project and the modeled observer. These viewsheds have been included in Appendix O. 3.10 FAA Filing TPE used an online “Notice Criteria Tool” provided by the Federal Aviation Administration (FAA) to determine if the additional filings were needed. The tool determined that the Notice Criteria were exceeded. A “Notice of Proposed Construction or Alteration – Off Airport” was submitted to the FAA on July 15, 2022. A “Determination of No Hazard to Air Navigation” was issued by the FAA on August 22, 2022. Submittal of FAA from 7460-2 “Notice of Actual Construction or Alteration” is required at the time of Project construction. Please See Appendix M for a copy of the FAA Determination of No Hazard to Air Navigation. 3.11 Safety and Security The solar arrays will be enclosed by an 8-foot-high security fence and locked gates, as required by the Ordinance and the National Electrical Code (NEC). Emergency access to the fenced areas will be through Knox-Boxes to provide the required 24-hour access. The gravel drives have been designed to allow emergency vehicle access, including fire trucks. Application for Special Use Permit | Page 12 Emergency responders will be provided with the key/code for the Knox-Boxes. 3.12 Interconnection The proposed Project will interconnect to an existing 12.5 kV ComEd feeder on the distribution system, which connects to the substation that is directly adjacent to the Project. The utility will install approximately 250 feet of underground powerline extension and approximately 150 feet of overhead powerline on 5 poles with metering, disconnect, and recloser equipment. The applicant is currently in the Facilities Study phase of the electrical interconnection process. A copy of the redacted Interconnection Agreement for the Project is included as Appendix L. 3.13 Operation and Maintenance The Operation and Maintenance Plan including a comprehensive vegetative management plan for the Project is included as Appendix J. Preventive maintenance will be conducted on a schedule based on manufacturer’s recommendations and industry best practices and standards of care. Regular maintenance will include vegetation control, fence inspection and physical inspection of all system components. A mowing schedule shall be established based on the plant species in the seed mix that is properly timed to balance avoiding the disturbance of wildlife and native pollinator-friendly vegetation with the need to avoid the establishment of weeds. Vegetation underneath and between the solar panels will be well maintained in the defined lease area to keep vegetation below the low edge of the solar panels at maximum tilt angle. Mowing and weed trimming schedules will be adjusted from time to time to allow for flexibility based on rainfall and vegetation growth. Chemical control shall be used in accordance with Illinois noxious weed regulations. The Project will be monitored continuously for system failures via a Supervisory Control and Data Acquisition (SCADA) system. Qualified and insured technicians will be dispatched to address any system failures, including inverter, transformer, or tracker motor malfunctions. 3.14 Decommissioning Plan The Decommissioning Plan for the Project is included as Appendix C and includes removal of all structures (including equipment, fencing and roads) and foundations, restoration of soil and vegetation. The decommissioning plan shall be accompanied by a decommissioning bond to provide certainty to the City that the financial resources will be available to fully decommission the site. At the end of operational life of the Project, the Project will be safely dismantled using conventional construction equipment. The Project consists of numerous materials that can be resold or recycled for significant scrap value, including steel, aluminum, glass, copper, and plastics. The solar panels are not considered hazardous waste. The panels used in the Project will contain silicon, glass, and aluminum, which have value for recycling. Often, current market salvage values of a Project exceed estimated decommissioning and site restoration expenses. The site will be restored and reclaimed to approximately the pre-construction condition in conformance with the site lease agreement and the Agricultural Impact Mitigation Agreement (AIMA). It is assumed that the site will be returned to agricultural use after decommissioning, and appropriate measures will be implemented to achieve said use. Application for Special Use Permit | Page 13 3.15 Itemized Cost Estimate Below is a table summarizing the anticipated cost estimate for the Project. These numbers are approximate and exclude contingency and interconnection. Cost Category $/W $ Solar Modules 0.360 $ 2,700,000 Inverters 0.045 $ 337,500 Racking 0.120 $ 900,000 EPC 0.500 $ 3,750,000 D&E 0.015 $ 112,500 GC & Overhead 0.050 $ 375,000 Subtotal 1.090 $ 8,175,000 4.0 APPROVAL CRITERIA 4.1 Special Use Required Findings of Facts (Section 10-4-9, Zoning Code) a) The establishment, maintenance, or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The property is located in a portion of Yorkville with low population density and will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare to the community. Solar components do not have any moving parts and can be disposed of in a non- hazardous landfill. Numerous studies have shown them not to have a negative environmental impact. Please refer to Appendix N for a copy of these studies. Also, please refer to IDNR’s response to the Project’s EcoCAT submission. The Project will comply with all local, state, and federal regulations and will be always operated in a safe manner. In addition, the Project will promote the general welfare of Yorkville by supplying new jobs, new tax revenue and will be a source of generation of sustainable, clean, pollution-free renewable electricity. Also, the community will benefit from the significant economic benefit without stressing community infrastructure – no new children in schools, no use of water and sewer systems, limited use of roads, little to no need for police or fire departments. b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. As mentioned previously, the property is located in a portion of Yorkville with low population density. The Project will fully comply with all setbacks as specified in the Yorkville Ordinance 10.19.17(b) will fully comply with all performance standards listed in the Yorkville Zoning Code 10.19.4 and 10.19.9 and the Special Use Permit, as well as the noise limits imposed in Yorkville Application for Special Use Permit | Page 14 Ordinance 4.4.5. The Project will also include a landscape buffer to the portion of the Project adjacent to residences to reduce the visual impact on neighbors who live nearby. Moreover, as indicated by the property value impact study, the existence of the Project will have no impact on neighboring property values, and therefore will not substantially diminish or impair property values within the neighborhood of the Project. The CohnReznick General Impact Study Report indicates that solar facilities located in similar areas, with similar land uses, do not appear to cause any negative impacts to adjacent real estate, based on a review of academic studies, CohnReznick’s own paired sales data, and interviews with County Assessors and other Market Participants. The report details how solar facilities are generally harmonious with surrounding uses as they do not generate any odor, emit any air pollution, and overall, provide a net environmental benefit. c) The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The Project will have little to no impact on neighboring properties or the future development of the community. The Project does not generate any odor, or emit any air pollution and, in fact, provides a net environmental benefit. There will be no tree clearing. In converting the property from a farm field to a solar facility, pesticides will not be utilized unless mandated by state or local laws for the control of noxious weeds. The setback will be planted with a double row of evergreens coordinated with a licensed landscape architect, and the balance of the buffer will include native and pollinator-friendly species. Upon construction completion, traffic to the solar facility will be required only a few times a year to conduct maintenance. With low impacts of solar farms, the community should see no obstructions to future development. d) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. The Project will have adequate utility interconnections. The completion of the system impact study by ComEd provides assurance that the electrical capacity is available to host the Project and the proposed substation for electrical interconnection is located directly across the street. The Project does not require water or sewer facilities to operate. The Project will also build all roads and entrances necessary to access its facilities. A drain tile survey will be completed prior to construction and foundation design will work around or reroute any identified drain tiles to ensure proper drainage. The Project will also be designed in a manner that will not materially modify existing water drainage patterns around its facilities. Moreover, the replacement of row crops with a pollinator seed mix is actually a net positive for stormwater. According to the Minnesota Rural Water Association, solar installations with native pollinator-friendly ground cover achieve positive impacts similar to soil conservation projects, which reduce soil erosion, reduce soil quality degradation, and improve water quality. This report is included in Appendix N. The Project will be designed to account for all existing features, Application for Special Use Permit | Page 15 environmental features, the Yorkville Solar Ordinance, and the Kendall County Natural Resources Inventory findings. Please refer to Appendix B for the Zoning Site Plan. e) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The Project will be designed to include all roads and road entrances necessary to provide adequate ingress and egress to its facilities. Construction traffic will include approximately 25 work trucks per day. Considering the low number of work trucks visiting the project site over the construction phase, traffic patterns in the vicinity of the Project will not be impacted. The Project will have minimal traffic upon completion of construction. Landscape maintenance and maintenance to the Project components are anticipated to occur only a few times a year. Existing traffic patterns will not be impacted in the post-construction phase. f) The proposed special use is not contrary to the objectives of the official comprehensive plan of the city as amended. The City’s 2016 Comprehensive Plan references The Chicago Metropolitan Agency for Planning’s (CMAP) “GO TO 2040” comprehensive regional plan. “GO TO 2040” recommends communities consider solar energy for environmental sustainability and for potential economic improvements in energy-intensive water treatment facilities. Solar Farms are a great addition to the neighborhood (quiet, low maintenance, low traffic volume, environmentally safe) and provide sources of renewable energy that is important to a residential area and the community. Although it is a long-term use, a solar facility is not permanent. At the end of the Project’s life the location will be reclaimed and restored as close as possible to its current state. At that time, the landowner may be amenable to other, more-public uses. The parcel is currently included in the City’s 2016 Comprehensive Plan Undeveloped Residential Zoning Area Capacity that will not be needed for up to 89 years (Table 2.17, Residential Built-Out Projections). APPENDIX A – APPLICATION FORMS Application for Special Use Permit APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: LIST ALL GOVERNMENTAL ENTITIES OR AGENCIES REQUIRED TO RECEIVE NOTICE UNDER ILLINOIS LAW: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 (303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 ● APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yor kville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PROPERTY INFORMATION NAME OF AGREEMENT: DATE OF RECORDING: SUMMARIZE THE ITEMS TO BE AMENDED FROM THE EXISTING AGREEMENT: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Petitioner must attach a true and correct copy of the existing agreement and title it as “Exhibit C”. Petitioner must attach amendments from the existing agreement and title it as “Exhibit D”. Petitioner-Attached "Exhibit E" - Letter from the representative of the other landowner with property affected by the Annexation Agreement stating they do not object to this Ammendment effort. Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. Landowner letter in lieu of form signature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r150 1/1 2/4/2023 10:48:22 PM ([KLELW% Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 10:48:23 PM Exhibit C Law Offices of Daniel J. Kramer 1107A S. Bridge Street Daniel J. Kramer Yorkville, Illinois 60560 Kelly A. Helland 630-553-9500 D.J. Kramer Fax: 630-553-5764 February 8, 2023 Scott Osborn Turning Point Energy Via Email: sosborn@tppoint-e.com RE: Solar Energy Project in Bristol Ridge P.U.D. in Bristol Township, Kendall County, Illinois Dear Mr. Osborn: In regard to your request for Consent by one of the Bristol Ridge P.U.D, Members as to your Petition for a Solar Array being established in Bristol Township, Kendall County, Illinois. Please be advised that I am providing this letter as Land Trustee for the Beneficiaries of Daniel J. Kramer Trust No. 100. As an Owner of a portion of the real property that was originally included in this Planned Unit Development the underlying Beneficiaries to my Trust have no objection whatsoever to your Petition to get a Special Use from the United City of Yorkville for a Solar Array on real property that is located within Bristol Ridge P.U.D. Hopefully this letter suffices for your filing purposes. Very truly yours, Daniel J. Kramer Daniel J. Kramer Attorney at Law DJK:rg cc: Steve Kratz Exhibit C Exhibit E APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: TOTAL ACREAGE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 (303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) Agricultural 41.82 B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 ● APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Kyle C. Barry McGuireWoods LLP 1 North Old State Capitol Plaza Suite 410 Springfield, IL 62701 217-527-1282 kbarry@mcguirewoods.com 217-527-1290 Jason Cooper Kimley Horn 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 (630) 487-3449 Jason.Cooper@kimley-horn.com APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE EXISTING ZONING CLASSIFICATION(S) AND USES OF THE PROPERTY WITHIN THE GENERAL AREA OF THE PROPOSED REZONED PROPERTY: PLEASE STATE THE TREND OF DEVELOPMENT, IF ANY, IN THE GENERAL AREA OF THE PROPERTY IN QUESTION, INCLUDING CHANGES, IF ANY, WHICH HAVE TAKEN PLACE SINCE THE DAY THE PROPERTY IN QUESTION WAS PLACED IN ITS PRESENT ZONING CLASSIFICATION: PLEASE STATE THE EXTENT TO WHICH PROPERTY VALUES ARE DIMINISHED BY THE PARTICULAR ZONING RESTRICTIONS: PLEASE STATE THE EXTENT TO WHICH THE DESTRUCTION OF PROPERTY VALUES OF PETITIONER PROMOTES THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE PUBLIC: Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. The Project would create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community would benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. The proposed facility under this rezoning effort will produce enough electricity to power approximately 1,050 homes. The EPA Clean Energy Equivalencies Calculator estimates an offset of approximately 8,235 metric tons of carbon dioxide which is the equivalent of removing 1,774 gas-powered cars from the roads, or consuming 926,600 gallons of gasoline. APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE LENGTH OF TIME THE PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: PLEASE STATE THE COMMUNITY NEED FOR THE PROPOSED LAND USE: WITH RESPECT TO THE SUBJECT PROPERTY, PLEASE STATE THE CARE WITH WHICH THE COMMUNITY HAS UNDERTAKEN TO PLAN ITS LAND USE DEVELOPMENT: PLEASE STATE THE IMPACT THAT SUCH RECLASSIFICATION WILL HAVE UPON TRAFFIC AND TRAFFIC CONDITIONS ON SAID ROUTES; THE EFFECT, IF ANY, SUCH RECLASSIFICATION AND/OR ANNEXATION WOULD HAVE UPON EXISTING ACCESSES TO SAID ROUTES; AND THE IMPACT OF ADDITIONAL ACCESSES AS REQUESTED BY THE PETITIONER UPON TRAFFIC AND TRAFFIC CONDITIONS AND FLOW ON SAID ROUTES (ORD. 1976-43, 11-4-1976): The parcel has remained vacant since its annexation by Yorkville in 2006. The bulk of the adjoining land remains in agricultural production. North of Galena road, the Village of Montgomery has expanded residential development with home construction and sales in recent years. The proposed use for the re-zoned property will promote the general welfare of the community by contributing new jobs during the construction of the solar facility and $840,000 over 30 years in new tax revenues to the community. The proposed use will also help shore up the electric grid and enhance its reliability in the immediate vicinity of the property by installing a new source for generating clean, pollution-free electricity. The proposed use is consistent with the City of Yorkville’s Comprehensive Plan by promoting sustainable energy infrastructure that will also support the City's energy efficiency goals for homeowners through community solar subscriptions. The parcel is currently listed as undeveloped residential property (Section 2: Community Characteristics and Land Use Trends), Per Comprehensive Plan Table 2.17, Residential Built-Out Projections, it could be up to 89 years before this parcel, part of the Undeveloped Residential Zoning Area Capacity, is needed for residential use. The resulting use of this parcel as proposed by this application package is that of a solar energy facility. Petitioner anticipates minimal construction traffic (approximately 25 vehicles per day) on Cannonball Trail during the 4-6 months of construction activity. Post-construction traffic is expected to be limited to regular maintenance of of the facility using 1-ton service vehicles, a few times per year. Landowner letter in lieu of form signature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r150 1/1 2/4/2023 10:48:22 PM ([KLELW% Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 10:48:23 PM APPLICATION FOR VARIANCE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 (303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 ● APPLICATION FOR VARIANCE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. VARIANCE STANDARDS PLEASE CONFIRM THE PROPOSED VARIATION IS CONSISTENT WITH THE OFFICIAL COMPREHENSIVE PLAN AND OTHER DEVELOPMENT STANDARDS AND POLICIES OF THE CITY. Kyle C. Barry McGuireWoods LLP 1 North Old State Capitol Plaza Suite 410 Springfield, IL 62701 217-527-1282 kbarry@mcguirewoods.com 217-527-1290 Jason Cooper Kimley Horn 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 (630) 487-3449 Jason.Cooper@kimley-horn.com Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision APPLICATION FOR VARIANCE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us VARIANCE STANDARDS PLEASE STATE THE VARIANCE REQUESTED AND THE CITY ORDINANCE INCLUDING THE SECTION NUMBERS TO BE VARIED: PLEASE STATE HOW THE PARTICULAR SURROUNDINGS, SHAPE OR TOPOGRAPHICAL CONDITIONS OF THE SPECIFIC PROPERTY INVOLVED, A PARTICULAR HARDSHIP TO THE OWNER WOULD RESULT, AS DISTINGUISHED FROM A MERE INCONVENIENCE, IF THE STRICT LETTER OF REGULATIONS WAS CARRIED OUT: PLEASE STATE HOW THE CONDITIONS UPON WHICH THE APPLICATION FOR A VARIATION IS BASED ARE UNIQUE TO THE PROPERTY FOR WHICH THE VARIATION IS SOUGHT AND ARE NOT APPLICABLE, GENERALLY, TO OTHER PROPERTY WITHIN THE SAME ZONING CLASSIFICATION: PLEASE STATE HOW THE ALLEGED DIFFICULTY OR HARDSHIP IS CAUSED BY THIS TITLE AND HAS NOT BEEN CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE PROPERTY: February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. The Project would create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community would benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. The proposed facility under this rezoning effort will produce enough electricity to power approximately 1,050 homes. The EPA Clean Energy Equivalencies Calculator estimates an offset of approximately 8,235 metric tons of carbon dioxide which is the equivalent of removing 1,774 gas-powered cars from the roads, or consuming 926,600 gallons of gasoline. To petitioner's knowledge, no person presently having an interest in the property was involved in the drafting of the Alternative Energy Section of the Zoning Ordinance. The minimum clearance of 10 feet above surface level was suggested to have originated with a concern that individuals could be injured from climbing on, and then sliding down the surface of the panels. For this project, the proposed structures are not climbable, and the array will be fenced for safety and security. The height requirement would impose an unnecessary hardship that would cause the project to use more concrete and increase visibility while offering no positive benefits. 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DH%)1&DH@2$-)*("/"%$) $%(*" $1A@F4G@**%*)*" $1)%+&  $#%$+#$*1%"$)%$,/*%%(- (*(/(($*/(%(/A1AHII1 $%%!EE%)1BE2*$$%(*("/*( *$")*%*")*)( %+()1 $"%$ ) )*" $$) )*" $.*$ACB4@*2*$-)*("/*( *$")*%*")*)(  %+()1AI@4CC**%) $*(" $2*$$%(*)*("/"%$) $*(" $1*%*&% $*%  $$ $1 $( )*%"%-$) &1 $""%+$*/1 "" $% )4 r150 1/1 2/4/2023 10:48:22 PM ([KLELW% Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 10:48:23 PM APPLICATION FOR SPECIAL USE United City of Yorkville 800 Game Farm Road Yor kville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: REQUESTED SPECIAL USE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 ●(303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) Solar Farm (Freestanding Solar Energy Systems) To petitioner's B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 APPLICATION FOR SPECIAL USE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Kyle C. Barry McGuireWoods LLP 1 North Old State Capitol Plaza Suite 410 Springfield, IL 62701 217-527-1282 kbarry@mcguirewoods.com 217-527-1290 Jason Cooper Kimley Horn 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 (630) 487-3449 Jason.Cooper@kimley-horn.com APPLICATION FOR SPECIAL USE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us SPECIAL USE STANDARDS PLEASE STATE HOW THE ESTABLISHMENT, MAINTENANCE OR OPERATION OF THE SPECIAL USE WILL NOT BE UNREASONABLY DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT OR GENERAL WELFARE: PLEASE STATE HOW THE SPECIAL USE WILL NOT BE INJURIOUS TO THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY FOR THE PURPOSE ALREADY PERMITTED, NOR SUBSTANTIALLY DIMINISH AND IMPAIR PROPERTY VALUES WITHIN THE NEIGHBORHOOD: PLEASE STATE HOW THE ESTABLISHMENT OF THE SPECIAL USE WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING PROPERTY FOR USES PERMITTED IN THE DISTRICT: PLEASE STATE HOW ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE OR OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED: Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. The Project would create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community would benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. The proposed facility under this rezoning effort will produce enough electricity to power approximately 1,050 homes. The EPA Clean Energy Equivalencies Calculator estimates an offset of approximately 8,235 metric tons of carbon dioxide which is the equivalent of removing 1,774 gas-powered cars from the roads, or consuming 926,600 gallons of gasoline. Petitioner retained the ser ices of CohnRe nick a leading ta acco nting and ad isor ser ice firm to e al ate the effect of the Landowner letter in lieu of form signature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r150 1/1 2/4/2023 10:48:22 PM ([KLELW% Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 10:48:23 PM                  CANNONBALL TRAIL(70' WIDE R.O.W.)BNSF RAIL (FID 20375)TPE IL KE105, LLC©EX-1ZONING SITEPLANVICINITY MAPSCALE 1" = 5000'PROJECT LOCATIONSITE DATA TABLELEGENDNOTESSOILS DATA TABLENORTHBNSF RAILCANNONBALL TRAILUS-34GALENA RDKENNEDY RDIL-251 CANNONBALL TRAIL(70' WIDE R.O.W.)BNSF RAIL (FID 20375)8'8'HEIGHTS SHOWN INDICATE ANTICIPATED SIZE AT MATURITY (5+ YEARS)15' TYP100'-0"8'-0"100'-0"100'-0"100'-0"50' TYP.10' TYP.TYPICAL ENHANCED VEGETATIVE BUFFER PLANTYPICAL ENHANCED VEGETATIVE BUFFER ELEVATIONEVERGREEN TREE/SHRUB,TYP.8'-0"MAINTENANCE ACCESS,TYP.MAINTENANCE ACCESS,TYP.HEIGHTS SHOWN INDICATE ANTICIPATED SIZE AT MATURITY (5+ YEARS)TYPICAL VEGETATIVE BUFFER PLANTYPICAL VEGETATIVE BUFFER ELEVATIONLARGE DECIDUOUS SHRUB,TYP.ORNAMENTAL TREE,TYP.ORNAMENTAL GRASS,TYP.FENCE,TYP.FENCE,TYP.EVERGREEN TREE/SHRUB,TYP.LARGE DECIDUOUS SHRUB,TYP.ORNAMENTAL TREE,TYP.ORNAMENTAL GRASS,TYP.EVERGREEN TREE/SHRUB,TYP.LARGE DECIDUOUS SHRUB,TYP.FENCE,TYP.FENCE,TYP.EVERGREEN TREE/SHRUB,TYP.LARGE DECIDUOUS SHRUB,TYP.EVERGREEN TREE/SHRUB 127SAWARA CYPRESS `SOFT SERVE`JUNIPERUS VIRGINIANAJUNIPERUS CHINESIS `MOUNTBATTEN`PICEA PUNGENS `FAT ALBERT`TAXUS CUSPIDATA `CAPITATA`TAXUS X MEDIA `HICKSII`THUJA OCCIDENTALIS `WOODWARDI`ORNAMENTAL TREE 11CORNUS X ALTERNIFOLIACARPINUS CAROLIANACERCIS CANADENSISMAGNOLIA VIRGINIANACRATAEGUS CRESGALLIMALUS SUPPLEMENTAL SPECIESLARGE DECIDUOUS SHRUB 92ARONIA ARBUTIFOLIACORNUS SERICEA CARDINALEUONYMUS ALATUS `COMPACTUS`ILEX VERTICILLATALINDERA BENZOINPHYSOCARPOS OPULIFOLIUSSAMUCUS CANADENSISVIBURNUM DENTATUMVIBURNUM LENTAGO `MOHICAN`VIBURNUM PRUNIFOLIUMORNAMENTAL GRASS 30MISCANTHUS SINENSISARRAY AREA POLLINATOR SEED MIXOPEN AREA POLLINATOR SEED MIXWET MEADOW POLLINATOR SEED MIXCONCEPT PLANT SCHEDULETPE IL KE105, LLC©L1.0PRELIMINARYLANDSCAPE PLANNORTHVEGETATIVE BUFFERENHANCED VEGETATIVE BUFFER EVERGREEN TREE/SHRUB127SAWARA CYPRESS `SOFT SERVE`JUNIPERUS VIRGINIANAJUNIPERUS CHINESIS `MOUNTBATTEN`PICEA PUNGENS `FAT ALBERT`TAXUS CUSPIDATA `CAPITATA`TAXUS X MEDIA `HICKSII`THUJA OCCIDENTALIS `WOODWARDI`ORNAMENTAL TREE 11CORNUS X ALTERNIFOLIACARPINUS CAROLIANACERCIS CANADENSISMAGNOLIA VIRGINIANACRATAEGUS CRESGALLIMALUS SUPPLEMENTAL SPECIESLARGE DECIDUOUS SHRUB 92ARONIA ARBUTIFOLIACORNUS SERICEA CARDINALEUONYMUS ALATUS `COMPACTUS`ILEX VERTICILLATALINDERA BENZOINPHYSOCARPOS OPULIFOLIUSSAMUCUS CANADENSISVIBURNUM DENTATUMVIBURNUM LENTAGO `MOHICAN`VIBURNUM PRUNIFOLIUMORNAMENTAL GRASS 30MISCANTHUS SINENSISARRAY AREA POLLINATOR SEED MIXOPEN AREA POLLINATOR SEED MIXWET MEADOW POLLINATOR SEED MIXCONCEPT PLANT SCHEDULETPE IL KE105, LLC©L2.0PRELIMINARYLANDSCAPE NOTESVEGETATION MANAGEMENT NOTES1. SOIL PH IS TO BE TESTED PRIOR TO AMENDMENT AND FINAL GRADING. LIME OR SULFUR ISTO BE ADDED IN APPROPRIATE QUANTITY TO BRING PH TO ACCEPTABLE LEVELS FORSEED APPLICATION AS NEEDED.2. IN AREAS OF SOIL AMENDMENT OR EXISTING AGRICULTURAL LAND, SOIL ISRECOMMENDED TO BE DISKED, CULTIVATED, AND ROLLED AS NEEDED.3. SEED TO BE APPLIED WITH NURSE CROP PER SUPPLIER'S RECOMMENDATION.4. THE INITIAL THREE YEARS WILL REQUIRE MORE FREQUENT MAINTENANCE ANDMONITORING TO PROVIDE NATIVE PLANT ESTABLISHMENT INSTEAD OF INVASIVE WEEDS.5. ANNUALLY, AT THE START OF SPRING, SITE SHOULD BE MOWED WITH A ROTARY MOWERAT A HEIGHT BETWEEN 4 AND 6 INCHES TO KNOCKDOWN STANDING VEGETATION FROMTHE PREVIOUS SEASONS.6. INTEGRATED WEED MANAGEMENT CONCEPTS WILL BE USED TO CONTROL NOXIOUS ANDINVASIVE WEEDS. CHEMICAL, CULTURAL, MECHANICAL, AND BIOLOGICAL CONTROLS MAYBE USED BASED ON WEED PRESSURE, TIMING, AND VEGETATIVE GROWTH.7. FINAL TREE SELECTION WILL BE BASED ON AVAILABILITY DURING INSTALLATION.8. ALL SITES SHALL BE PREPARED FOR SEEDING BY WEED CONTROL MEASURESAPPROPRIATE TO THE SITE PRIOR TO ANTICIPATED FINAL SEEDING.9. ALL SITES SHALL BE ACTIVE SEEDED AND SHALL NOT BE PRE-PLANTED, TREATED, ORINCLUDED WITH THE USE OF INSECTICIDES.OPEN AREA POLLINATOR SEED MIX 25% SCHIZACHYRIUM SCOPARIUM LITTLE BLUESTEM10% BOUTELOUA CURTIPENDULA SIDEOATS GRAMA6% SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED5.5% ELYMUS CANADENSIS CANADA WILDRYE5.2% ECHINACEA PURPUREA PURPLE CONEFLOWER5% DALEA PURPUREA PURPLE PRAIRIE CLOVER4.3% COREOPSIS LANCEOLATA LANCELEAF COREOPSIS3.5% RUDBECKIA HIRTA BLACKEYED SUSAN3% ALLIUM CERNUUM NODDING WILD ONION2.2% SOLIDAGO NEMORALIS GRAY GOLDENROD2.1% SPIRAEA ALBA DU ROI MEADOWSWEET2% RATIBIDA PINNATA YELLOW PRAIRIE CONEFLOWER2% ROSA SETIGERA MICHX MICHIGAN ROSE1.8% SOLIDAGO SPECIOSA SHOWY GOLDENROD1.8% SYMPHYOTRICHUM LAEVE SMOOTH BLUE ASTER1.6% CEANOTHUS AMERICANUS NEW JERSEY TEA1.5% GERANIUM MACULATUM WILD GERANIUM1.5% LIATRIS ASPERA MICHX ROUGH BLAZING STAR1.4% SOLIDAGO RIDDELLII RIDDELL'S GOLDENROD1.4% SYMPHYOTRICHUM ERICOIDES HEATH ASTER1.3% PENSTEMON HIRSUTUS HAIRY BEARDTONGUE1.2% LOBELIA SIPHILITICA BLUE LOBELIA1.2% ASCLEPAIS TUBEROSA BUTTERFLY WEED1.2% ASCLEPIAS INCARNATA SWAMP MILKWEED1.2% ZIZIA AUREA GOLDEN ALEXANDERS1.1% PENSTEMON DIGITALIS TALL WHITE BEARDTONGUE1% ANEMONE CANADENSIS CANADA ANEMONE1% AQUILEGIA CANADENSIS COLUMBINE1% BAPTISIA BRACTEATA VAR LEUCOPHAEA WILD INDIGO1% LUPINUS PERENNIS V. OCCIDENTALIS WILD LUPINE1% MONARDA FISTULOSA WILD BERGAMOT1% MONARDA PUNCTATA HORSE MINTSEEDING RATE: 25 LB PER ACRESEED WITH COVER CROP OF OATS, JAPANESE MILLET, WINTER PEA, OR ANNUAL RYEDEPENDENT ON SEASON AT A RATE OF 30 LB PER ACRE.SPECIFIED MIX SUBJECT TO AVAILABILITY DURING TIME OF CONSTRUCTION, ORAPPROVED EQUAL.ARRAY AREA POLLINATOR SEED MIX 26% SCHIZACHYRIUM SCOPARIUM LITTLE BLUESTEM10% BOUTELOUA CURTIPENDULA SIDEOATS GRAMA8% SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED5% CAREX BICKNELLII COPPER-SHOULDERED OVAL SEDGE5.2% COREOPSIS LANCEOLATA SAND COREOPSIS4.8% SYMPHYOTRICHUM LAEVE SMOOTH BLUE ASTER4% SYMPHYOTRICHUM ERICOIDES HEATH ASTER3.5% DALEA PURPUREA PURPLE PRAIRIE CLOVER3.5% GERANIUM MACULATUM WILD GERANIUM3% ALLIUM CERNUUM ROTH NODDING WILD ONION3% VERONICASTRUM VIRGINICUM CULVER'S ROOT1.8% DESMODIUM CANADENSES SHOWY TICK TREFOIL1.7% SPIRAEA ALBA DU ROI MEADOWSWEET1.6% ZIZIA AUREA GOLDEN ALEXANDERS1.5% ECHINACEA PURPUREA PURPLE CONEFLOWER1.4% SOLIDAGO SPECIOSA SHOWY GOLDENROD1.2% PYCNANTHEMUM VIRGINIANUM COMMON MOUNTAIN MINT1.2% EUPATORIUM PERFOLIATUM BONESET1.2% OENOTHERA BIENNIS EVENING PRIMROSE1.2% SILPHIUM PERFOLIATUM CUP PLANT1.2% RUDBECKIA HIRTA BLACKEYED SUSAN1.1% HERACLEUM MAXIMUM COMMON COWPARSNIP1.1% LUPINUS PERENNIS V. OCCIDENTALIS WILD LUPINE1% RATIBIDA PINNATA YELLOW PRAIRIE CONEFLOWER1% LIATRIS ASPERA MICHX ROUGH BLAZING STAR0.9% ANGELICA ATROPURPUREA ANGELICA0.8% CACALIA ATRIPLICIFOLIUM PALE INDIAN PLANTAIN0.8% LOBELIA SIPHILITICA BLUE LOBELIA0.8% PENSTEMON HIRSUTUS HAIRY BEARDTONGUE0.8% ASCLEPAIS TUBEROSA BUTTERFLY WEED0.7% ANEMONE CANADENSIS CANADA ANEMONE0.6% SOLIDAGO NEMORALIS GRAY GOLDENROD0.4% CEANOTHUS AMERICANUS NEW JERSEY TEASEEDING RATE: 25 LB PER ACRESEED WITH COVER CROP OF OATS, JAPANESE MILLET, WINTER PEA, OR ANNUAL RYEDEPENDENT ON SEASON AT A RATE OF 30 LB PER ACRE.SPECIFIED MIX SUBJECT TO AVAILABILITY DURING TIME OF CONSTRUCTION, ORAPPROVED EQUAL.WET MEADOW POLLINATOR SEED MIX 26% ELYMUS VIRGINICUS VIRGINIA WILD RYE13% PANICUM VIRGATUM SWITCH GRASS9% ERYNGIUM YUCCIFOLIUM RATTLESNAKE MASTER7.5% CHAMAECRISTA FASCICULATA PARTRIDGE PEA6.8% TRADESCANTIA OHIENSIS OHIO SPIDERWORT5.5% ALLIUM CERNUUM NODDING WILD ONION4.8% ASCLEPIAS INCARNATA SWAMP MILKWEED3.7% RUDBECKIA HIRTA BLACKEYED SUSAN2.3% RUDBECKIA SUBTOMENTOSA SWEET BLACKEYED SUSAN2.2% ZIZIA AUREA GOLDEN ALEXANDERS1.8% CAREX MOLESTA FIELD OVAL SEDGE1.8% CAREX VULPINOIDEA BROWN FOX SEDGE1.7% CALAMAGROSTIS CANADENSIS BLUE JOINT GRASS1.5% CAREX BREVIOR PLAINS OVAL SEDGE1.5% CAREX CRISTATELLA CRESTED OVAL SEDGE1.5% CAREX STIPATA COMMON FOX SEDGE1.3% JUNCUS DUDLEYI DUDLEY'S RUSH1.3% JUNCUS EFFUSUS COMMON RUSH1.1% DESMODIUM CANADENSE SHOWY TICK TREFOIL1.1% DOELLINGERIA UMBELLATA FLAT-TOPPED ASTER1% ECHINACEA PURPUREA PURPLE CONEFLOWER1% LIATRIS SPICATA MARSH BLAZING STAR0.8% HELENIUM AUTUMNALE SNEEZEWEED0.8% EUTROCHIUM MACULATUM SPOTTED JOE PYE WEED0.7% MONARDA FISTULOSA WILD BERGAMOT0.6% PENSTEMON DIGITALIS TALL WHITE BEARDTONGUE0.5% SOLIDAGO RIDDELLII RIDDELL'S GOLDENROD0.5% SYMPHYOTRICHUM NOVAE-ANGLIAE NEW ENGLAND ASTERSEEDING RATE: 18 LB PER ACRESEED WITH COVER CROP OF JAPANESE MILLET, OR GRAIN RYE DEPENDENT ONSEASON AT A RATE OF 30 LB PER ACRE.SPECIFIED MIX SUBJECT TO AVAILABILITY DURING TIME OF CONSTRUCTION, ORAPPROVED EQUAL. Illinois Solar Site Pollinator Habitat Planning Form Use this form as a draft before completing the Illinois Planned Pollinator Habitat on Solar Sites Scorecard online In Between and Under Solar Panels 1. PLANNED PLANT DIVERSITY IN ROWS & UNDER SOLAR ARRAY (choose up to 2) †4-6 species +5 pts †7 or More species +8 pts †All Native Species (minimum 4 species) +10 pts Perimeter and Buffer Area 2. VEGETATIVE BUFFER PLANNED ADJACENT TO THE SOLAR SITE (choose all that apply) †Buffer planned outside of array fencing +5 pts †Buffer is 30-49ft wide measured from array fencing +5 pts †Buffer is at least 50ft wide measured from array fencing +10 pts †Buffer has Native shrubs/trees that provide food for wildlife +5 pts 3. SEEDS USED FOR NATIVE PERIMETER & BUFFER AREAS (choose all that apply) †Mixes are seeded using at least 20 seeds per square foot of Pure Live Seed or 40 Seeds per square foot on slopes > 5% +10 pts †All seeds are from a source within 150 miles of site +5 pts †At least 2% milkweed cover is planned to be established from seeds/plants +5 pts 4. PLANNED # OF NATIVE SPECIES IN SITE PERIMETER & BUFFER AREA (species with more than 1% cover)(choose 1) †5-10 species +2 pts †10-15 species +5 pts †16-20 species +10 pts †>20 species +15 pts Exclude invasive and non-native plant species from total 5. PLANNED PERCENT OF PERIMETER & BUFFER AREA DOMINATED BY NATIVE PLANT SPECIES (choose 1) †26- 50 % +2 pts †51-75 % +10 pts †More than 75% +15 pts Whole Site 6. PLANNED PERCENT OF SITE VEGETATION COVER TO BE DOMINATED BY DESIRABLE WILDFLOWERS (choose 1) †26- 50 % +2 pts †51-75 % +10 pts †More than 75% +15 pts 12/3/2019 7. PLANNED SEASONS WITH AT LEAST THREE BLOOMING NATIVE SPECIES PRESENT (choose all that apply) †Spring (April-May) +5 pts †Summer (June-August) +5 pts †Fall (September-October) +5 pts 8. HABITAT SITE PREPARATION PRIOR TO IMPLEMENTATION (choose all that apply) †Soil preparation done to promote germination and reduce erosion as appropriate for the site. +10 pts †Measures taken to control weeds prior to seeding +10 pts †None -10 pts 9. AVAILABLE HABITAT COMPONENTS WITHIN 0.25 MILES (choose all that apply) †Native bunch grass for bee nesting +2 pts †Native trees/shrubs for bee nesting +2 pts † Clean, perennial water sources +2 pts † Created habitat nesting features +2 pts 10. SITE PLANNING AND MANAGEMENT(choose all that apply) †Detailed establishment and management plan developed +10 pts †Signage legible at forty or more feet stating “pollinator friendly solar habitat” +3 pts 11. INSECTICIDE RISK (choose all that apply) †Planned on-site use of insecticide or pre-planting seed/plant treatment (excluding buildings/electrical boxes, etc.) -40 pts †Communication/registration with local chemical applicators or on www.fieldwatch.com to prevent drift +5 pts Total Points: _____________ Meets Preliminary Pollinator Standards - 85 Provides Exceptional Habitat - 110 and higher Owner:__________________________________ Vegetation Consultant: ____________________ Project Location: ________________________ Project Size: ________________________acres Final Seeding Date: _______________________ This form is designed (with the help of the Solar Site Pollinator Guidelines found on IDNR’s website) to guide owners or managers of solar sites to meet the requirements to be able to claim a site is pollinator friendly according to the “Pollinator Friendly Solar Site Act (525 ILCS 55)”. This form is for company records only and does not grant the title of a Pollinator Friendly Solar Site until the “Illinois Planned Pollinator Habitat on Solar Sites Scorecard” is completed with a score of 85 or higher on IDNR’s website. This preliminary recognition is good for 3yrs, after which the “Established Pollinator Habitat on Solar Sites Scorecard” will need to be completed every 5 years to maintain recognition as a Pollinator Friendly Solar Site. Turning Point Energy Kimley-Horn 126 15 Cannonball Trail, Yorkville IL 54                   TPE IL KE105, LLC Kendall County, IL TPE IL KE105, LLC Community Solar Project Decommissioning Plan TPE IL KE105, LLC has prepared the following plan to fulfill local requirements and assumes that the Project will be constructed in accordance with all permits and approvals. 1.0 Project Description The TPE IL KE105, LLC Community Solar Project is an approximately 5 MW AC solar farm located on parcel 02-15-126-004, at 15 Cannonball Trail, Bristol, IL 60512 in Kendall County (the “Project”). The Project is to be constructed on approximately 26 acres. The purpose of the Project is the generation of renewable solar electricity. The Project will be interconnected to the Commonwealth Edison (”ComEd”) electric distribution grid near the southwest corner of the site, along the BNSF railroad. The estimated useful Project lifetime is 25-40 years, or more. The following list is a summary of the Project features: Approximately 5 MW AC total solar array consisting of silicon solar panels Driven post or ground screw foundations and steel and aluminum racking system 7’ Security fence surrounding the array perimeter Inverters and transformers for power conditioning Concrete equipment pads for inverter and/or switchgear locations Copper and aluminum wire Underground conduit at the array location Overhead poles and wires from the array location to utility poles Gravel access roads Metal security gates at array location Miscellaneous electrical equipment 2.0 Decommissioning Plan The Project has an anticipated operation life of 25 to 40 years or longer if maintenance is continued. At the end of operational life of the Project, the Project will be safely dismantled using conventional construction equipment, rather than being demolished or otherwise disposed of. Decommissioning shall include stabilization of the site and the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment. The Project consists of numerous materials that can be resold or recycled for significant scrap value, including steel, aluminum, glass, copper and plastics. Often, current market salvage values of a Project exceed estimated decommissioning and site restoration expenses. TPE IL KE105, LLC Kendall County, IL 2.1 Temporary Erosion Control Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the Project. Control features will be regularly inspected during the decommissioning phase and removed at the end at the process. All decommissioning activities will conform with local and state regulations. 2.2 Material Removal Process The decommission process will consist of the following general steps: 2.2.1 Project shall be disconnected safely from the power grid and all equipment shall be switched to off position 2.2.2 PV modules shall be disconnected, packaged, and returned to manufacturer or appropriate facility for recycling or resold for use in other projects 2.2.3 Above and underground cabling shall be removed and sent to an appropriate recycling facility 2.2.4 Inverters will be disconnected from modules and shipped intact to an approved electrical equipment recycler 2.2.5 Racking materials shall be dismantled, removed, and recycled off-site at an approved recycler 2.2.6 Fencing will be dismantled, removed, and recycled off-site at an approved recycler 2.2.7 Grade slabs will be broken and removed and disposed of in compliance with local and state regulations 2.2.8 All remaining electrical and support equipment will be dismantled and recycled or disposed of in compliance with local and state regulations 2.2.9 Site access roads will be removed and recycled. Once the road material is removed, the compacted soil beneath and surrounding the access road shall be be scarified to a depth of a minimum 18-inches 2.2.10 The site shall be re-stabilized once all utilities, equipment, and site features have been removed from the site 2.3 PV Module Removal Solar photovoltaic modules used in the Project are manufactured within regulatory requirements for toxicity based on Toxicity Characteristic Leaching Procedure (TCLP). The solar panels are not considered hazardous waste. The panels used in the Project will contain silicon, glass, and aluminum, which have value for recycling. Solar panels have a warranty of 20 – 25 years and useful life of 35 – 50 years. The most realistic outcome for solar modules is re-use in other generation TPE IL KE105, LLC Kendall County, IL projects. Modules will be sold for re-use or dismantled and packaged per manufacturer or approved recyclers specifications and shipped to an approved off-site recycler. 2.4 Electric Wire Removal Electric wire made from copper or aluminum has value for recycling. DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. Overhead cabling for the interconnection will be removed from poles. All wire will be sent to an approved off-site recycler. 2.5 Electrical Equipment Removal Inverters, panels, transformers, switchgear and other electrical equipment will be dismantled, packaged, and removed from the site per manufactures specifications for removal, decontamination, disposal or recycling. Any dielectric fluids present in transformer, or other electric equipment will be removed, packaged, and sent to an approved waste facility. 2.6 Racking and Fencing removal All racking and fencing material will be broken down into manageable units and removed from Project and sent to an approved recycler. All racking posts driven into the ground will be pulled and removed. 2.7 Concrete Slab Removal Concrete slabs used as equipment pads will be broken and removed. Clean concrete will be crushed and disposed of off-site and or recycled and reused either on or off-site. 2.8 Access Road Removal Gravel from on-site access roads shall be removed and recycled if requested by the Landowner or Required under an AIMA. Once the gravel is removed, the soil below the gravel and the soil along compacted dirt access roads shall be scarified a depth of 18-inches and blended as noted in the Site Restoration section below. 2.9 Landscaping Unless required to remain in place by the Land Owner or an AIMA agreement, all vegetative landscaping and screening installed as part of the Project will remain in place. Landscape areas will be restored as noted in the Site Stabilization section below. TPE IL KE105, LLC Kendall County, IL 2.1 Final Site Walkthrough A final site walkthrough will be conducted to remove debris and/or trash generated within the site during the decommissioning process and will include removal and proper disposal of any debris that may have been wind-blown to areas outside the immediate footprint of the Project being removed. 2.11 Site Stabilization Once removal of all project equipment is complete, all areas of the project site that were traversed by vehicles and construction and/or decommission equipment that exhibit compaction and rutting shall be restored. All prior agricultural land shall be ripped at least 18 inches deep or the extent practicable and all pasture and woodland shall be ripped at least 12 inches deep or to the extent practicable. The existence of drain tile lines or underground utilities may necessitate less ripping depth. Once this is complete, seed will be planted if desired (in consultation with landowners). 3.0 Future Land Use The site will be restored and reclaimed to approximately the pre-construction condition in conformance with the site lease agreement and the Agricultural Impact Mitigation Agreement (AIMA). It is assumed that the site will be returned to agricultural use after decommissioning, and appropriate measures will be implemented to achieve said use. 4.0 Decommissioning Terms The Project shall be decommissioned within six(6) months of the end of the Project’s operational life. At completion of the decommissioning phase as described in this document, and expiration of the site lease, the land will be returned to the owner in a stabilized condition. Decommissioning security financing shall be required by the county in order to assure the proper decommissioning of the site and in no instance shall the financial security be less than $1,000 per acre. This security financing should be in the form of an irrevocable letter of credit or cash placed in a county escrow account. The county board may, in its sole discretion, agree to accept security, or a portion thereof, in another form such as a bond or corporate guarantee. The Final decommissioning plan and financial security must be presented to and accepted by the Kendall County Board prior to the issuance of a building permit for the Project. An updated decommissioning plan shall be submitted to the county every three years.                     MEMORANDUM To: Michelle Carpenter Turning Point Energy From: Ashley Payne Kimley-Horn and Associates, Inc. Date: July 22, 2022 Subject: Bristol Township, Illinois – KE105 Level 1 Wetland Investigation Memorandum INTRODUCTION Kimley-Horn was contracted to review the KE105 project site for potential wetlands. See Figure 1 for project location and Figure 2 for project site boundary. The project site is located in Bristol Township, Kendall County, Illinois. A review of available background data was completed to assist in determining if any potential aquatic resources are present within the project site. AVAILABLE BACKGROUND DATA: USGS Topographical Map A review of the USGS topographical Map did not identify any wetlands or waterbodies within the project site. The USGS Topographical Map is Figure 3. National Wetlands Inventory A review of the National Wetlands Inventory (NWI) identified zero wetlands within the project site. The NWI is included in Attachment A. USGS National Hydrography Data (NHD Data) A review of the USGS National Hydrography Data (NHD data) was completed. One NHD Waterbody was identified within the southwest region of the project site. No linear waterway features were identified within the project site. The information is included in Attachment A. Kendall County Soil Survey A review of the Kendall County soil survey via Websoil survey identified three soil types that are considered hydric soil. Approximately 13% of the project site is mapped at or above a hydric rating of 95%. The remaining area was mapped with a predominantly non-hydric soil rating below 5%. The soil survey is included in Attachment B. DNR Public Waters Inventory A review of the Illinois DNR (IL DNR) Public Waters Inventory was completed. No IL DNR Public Waters were identified within the project site. The information is included in Attachment C. 2-foot Contours Two-foot contours were reviewed to determine if any wetland areas or drainage swales are present on the site. The site slopes downhill towards the south with a high point in the northwest corner of the site. Two low areas along the southern central boundary were identified within the project site. The 2- ft contours are included in Attachment D. FEMA 100-Year Floodplain The Federal Emergency Management Agency (FEMA) National Flood Hazard Layer (NFHL) Viewer was reviewed to determine if any FEMA 100-year floodplain is located within the project site. Based on the NFHL Viewer, the project site is not located within a FEMA 100-year floodplain. The FEMA 100-year floodplain is included in Attachment E. Previous Site Disturbance Historic aerials from 1993 to 2021 were reviewed to determine previous land use and disturbance on the site (Attachment F). The site has been used for agricultural purposes since at least 1993. Year Land Use 3-month Antecedent Precipitation Conditions Comments 1993 Agricultural Normal Site consists of cropped agricultural field. Saturation visible in two low spots, both on the southern side of the site. 1998 Agricultural Wetter than Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. 2002 Agricultural Normal Site consists of cropped agricultural field. Crop stress visible in one low spot, on the southwestern side of the site. 2005 Agricultural Wetter than Normal Same comment as above. 2008 Agricultural Normal Site consists of cropped agricultural field. Standing water visible in one low spot, on the southwestern side of the site. 2010 Agricultural Wetter than Normal Site consists of cropped agricultural field. Standing water visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central p ortion of site. 2012 Agricultural Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central p ortion of site. 2015 Agricultural Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. 2017 Agricultural Wetter than Normal Same comment as above. Year Land Use 3-month Antecedent Precipitation Conditions Comments 2018 Agricultural Wetter than Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central p ortion of site. 2019 Agricultural Normal Site consists of cropped agricultural field. Standing water visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central p ortion of site. 2021 Agricultural Wetter than Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. There are two areas of continued stunted or stressed vegetation visible on the reviewed historic aerials. RECOMMENDATIONS: Based on the historic aerial review and a review of desktop data, two agricultural wetlands may be located in the southern central portion of the subject property (see Figure 4). A level 2 (field) wetland delineation is recommended if project infrastructure is situated in the southern portion of the property. If the current (as of the date of this report) project extents remain as-is, a field delineation would be needed. If project infrastructure will avoid the potential wetland features, a field delineation would not be needed. 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Carpenter Turning Point Energy From: Ashley Payne Kimley-Horn and Associates, Inc. Date: July 22, 2022 Subject: Bristol Township, Illinois – KE105 Desktop Environmental Review and Limited Wetland Assessment INTRODUCTION Kimley-Horn was contracted to review the KE105 project site for potential environmental constraints. See Figure 1 for project location and Figure 2 for the project site. The project site is located in Bristol Township, Kendall County, Illinois. The site is located in Section 15 of Township 37N, Range 7E. Kimley-Horn reviewed available background data to assist in determining if there are any potential environmental constraints for the site. ENVIRONMENTAL CONSTRAINTS: Level 1 (Desktop) Wetlands Assessment Kimley-Horn reviewed available topographic mapping, the National Wetlands Inventory (NWI), the National Hydrography Dataset (NHD), LiDAR, soil survey data, public waters, and aerial photography to identify potential wetlands or surface waters within the site vicinity. USGS Topographical Map A review of the USGS topographical Map did not identify any wetlands or waterbodies within the project site. The USGS topographical map is shown on Figure 3. National Wetlands Inventory A review of the National Wetlands Inventory (NWI) identified zero wetlands within the project site. The NWI is included in Figure 4. USGS National Hydrography Dataset (NHD Data) A review of the USGS National Hydrography Dataset (NHD data) was completed. One NHD Waterbody was identified within the southwest region of the project site. No linear waterway features were identified within the project site. The information is included in Figure 4. 2-ft LiDAR Contours Two-foot contours were reviewed to determine if any wetland areas or drainage swales are present on the site. The site slopes downhill towards the south with a high point in the northwest corner of the site. Two low areas along the southern central boundary were identified within the project site. The 2- ft contours are included in Figure 5. Page 2 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 Kendall County Soil Survey A review of the Kendall County soil survey via Websoil survey identified three soil types that are considered hydric soil. Approximately 13% of the project site is mapped at or above a hydric rating of 95%. The remaining area was mapped with a predominantly non-hydric soil rating below 5%. The soil survey is included in Figure 6. DNR Public Waters Inventory A review of the Illinois DNR (IL DNR) Public Waters Inventory was completed. No IL DNR Public Waters were identified within the project site. The information is included in Figure 7. Previous Site Disturbance Historic aerials from 1993 to 2021 were reviewed to determine previous land use and disturbance on the site (Attachment A). There are two areas of continued stunted or stressed vegetation visible on the reviewed historic aerials. Year Land Use 3-month Antecedent Precipitation Conditions Comments 1993 Agricultural Normal Site consists of cropped agricultural field. Saturation visible in two low spots, both on the southern side of the site. 1998 Agricultural Wetter than Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. 2002 Agricultural Normal Site consists of cropped agricultural field. Crop stress visible in one low spot, on the southwestern side of the site. 2005 Agricultural Wetter than Normal Same comment as above. 2008 Agricultural Normal Site consists of cropped agricultural field. Standing water visible in one low spot, on the southwestern side of the site. 2010 Agricultural Wetter than Normal Site consists of cropped agricultural field. Standing water visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central portion of site. 2012 Agricultural Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central portion of site. 2015 Agricultural Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. 2017 Agricultural Wetter than Normal Same comment as above. 2018 Agricultural Wetter than Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central portion of site. Page 3 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 Year Land Use 3-month Antecedent Precipitation Conditions Comments 2019 Agricultural Normal Site consists of cropped agricultural field. Standing water visible in one low spot, on the southwestern side of the site. Crop stress visible in southern central portion of site. 2021 Agricultural Wetter than Normal Site consists of cropped agricultural field. Saturation visible in one low spot, on the southwestern side of the site. Desktop Wetlands Assessment Based on the Level 1 (Desktop) Wetlands Assessment, Kimley-Horn identified two potential wetlands within the project site (see Figure 8). A level 2 (field) wetland delineation is recommended if project infrastructure is situated in the southern portion of the property. If the current (as of the date of this report) project extents remain as-is, a field delineation would be needed. If project infrastructure will avoid the potential wetland features, a field delineation would not be needed. USFWS Federally Listed Threatened and Endangered Species Kimley-Horn conducted a preliminary review of the potential for federally listed threatened, endangered, and proposed species to occur within the site or be affected by the proposed project for the purposes of due diligence in complying with the Endangered Species Act (ESA). A list of the threatened, endangered, and proposed species, and designated critical habitat that could occur in Kendall County was obtained and evaluated from the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) online planning tool. Habitat descriptions for the identified species were compared to the habitat within or near the site. An official species list dated July 7, 2022 was generated by IPaC and transmitted to Kimley-Horn on behalf of the Illinois- Iowa Ecological Services Field Office. The official species list is included in Attachment B. Five federally listed species has been identified within the site vicinity. The species are identified below in Table 1. Table 1. USWFS Listed Threatened and Endangered Species S pecies Status Preferred Habitat Proposed Im pacts Myotis sodalis (Indiana Bat) Endangered During summer, Indiana Bats roost under loose bark or in hallows and cavities of mature trees in the floodplain forest or savanna habitats adjacent to riparian corridors. In winter, Indiana bats hibernate in caves. No preferred habitat identified within the site; therefore, no impacts are anticipated. Myotis septentrionalis (Northern Long-Eared Bat) (NLEB) Threatened During summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. This bat uses tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared No preferred habitat identified within the site; therefore, no impacts are anticipated. Page 4 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 S pecies Status Preferred Habitat Proposed Im pacts bats spend winter hibernating in caves and mines. Bombus affinis (Rusty Patched Bumble Bee) Endangered RPBB prefer grasslands with flowering plants from April through October, underground and abandoned rodent cavities or clumps of grasses above ground as nesting sites, and undisturbed soil for hibernating queens to overwinter. The site is located within a USFWS high- potential RPBB zone. No preferred habitat identified within the site; therefore, no impacts are anticipated. Platanthera leucophaea (Eastern Prairie Fringed Orchid) Threatened Includes prairies; wetlands, including sedge meadows, marshes, and bogs; grassy environments with optimal sun. No preferred habitat identified within the site; therefore, no impacts are anticipated. Danaus plexippus (Monarch butterfly) Candidate The monarch butterfly requires grassland habitats where milkweed and flowers are present. Minimal preferred habitat may appear within the site. The area is primarily active farmland. No adverse impacts anticipated. Migratory Birds According to the IPaC resource list, thirteen migratory species on the Birds of Conservation Concern (BCC) list have been identified within the site. The Migratory Bird Treaty Act (MBTA) makes it illegal for anyone to “take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations by the USFWS”. Typically, if active nests of bird species protected by the MBTA are identified, the USFWS recommends avoiding tree clearing or nest removal until at least the peak of the nesting season (generally March through August) has passed or until the nest is abandoned. The U.S. Department of the Interior, Office of the Solicitor, published a memorandum (M-37050) dated December 22, 2017 regarding the MBTA and how “incidental take” is viewed by the Department. The memorandum analyzes whether the MBTA prohibits the accidental or “incidental” taking or killing of migratory birds. “Incidental take” is take that results from an activity, but is not the purpose of that activity. In this memorandum, the Department of the Interior concluded that “the MBTA’s prohibition on pursuing, hunting, taking, capturing, killing, or attempting to do the same applies only to direct and affirmative purposeful actions that reduce migratory birds, their eggs, or their nests, by killing or capturing, to human control.” Therefore, according to the Department of the Interior, the MBTA does not prohibit “incidental take.” Courts have different opinions and decisions with respect to including or excluding “incidental take” when considering the prohibitions under the MBTA. In 2015, the Fifth Circuit in United States v. Citgo Petroleum Corp. issued an opinion that agreed with the Eighth and Ninth circuits that a taking is limited to deliberate acts done directly and intentionally to migratory birds. Therefore, the Fifth Circuit decided that the MBTA only prohibits Page 5 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 intentional take and does not prohibit incidental take. This decision by the Fifth Circuit set precedent within the Fifth Circuit’s jurisdiction. On January 7, 2021, the USFWS published a final rule (“MBTA rule”) defining the scope of the MBTA which excluded incidental take of migratory birds from being unlawful. This interpretation of the MBTA was effective as of March 8, 2021. On May 7, 2021, the USFWS proposed to revoke the January 7, 2021 final regulation and opened a public comment period which closed on June 7, 2021. On September 29, 2021, the U.S. Department of Interior announced a series of actions to unwind the most recent rulemaking in an effort “to ensure that the MBTA conserves birds today and into the future.” On October 4, 2021, the USFWS published a final rule revoking the most recent rule enacted by the Trump Administration that limited the scope of the MBTA. According to the Federal Register, the final MBTA revocation rule will go into effect on December 3, 2021. It is our understanding that as of December 3, 2021, incidental take would be enforceable under the MBTA; however, currently given that the purpose of the site is to develop a solar project, incidental take is currently not enforceable (as of the date of this report). In addition, on October 4, 2021, the USFWS published an Advanced Notice of Proposed Rulemaking announcing the intent to solicit public comments and information to help develop proposed regulations that would establish a permitting system to authorize the incidental take of migratory birds in certain circumstances. The USFWS issued a Director’s Order establishing criteria for the types of conduct that will be a priority for enforcement activities with respect to incidental take of migratory birds. It should be noted that the regulatory climate with respect to the MBTA is changing; however, it is our understanding that as of December 3, 2021 incidental take of migratory birds will be liable under the MBTA. This should be considered until a rulemaking process is complete. Kimley-Horn downloaded the Trust Resources Report Migratory Bird List from the IPaC online planning tool. The IPaC results are included in Attachment B. Kimley-Horn conducted a preliminary desktop review of the potential for migratory bird habitat (focusing primarily on trees and shrubs) to occur on the proposed site or be affected by the proposed site for the purposes of due diligence in complying with the MBTA. The desktop review revealed the presence of minimal potential migratory bird habitat within the site. It is our understanding that as of December 3, 2021, incidental take would be enforceable under the MBTA; however, currently given that the purpose of the project is to develop a solar project, incidental take is currently not enforceable (as of the date of this report). Illinois Department of Natural Resources (IDNR) State Listed Threatened, Endangered, and Species of Special Concern The IDNR identified no state Illinois Natural Area Inventory sites, dedicated Illinois Nature Preserves, or registered Land and Water Reserves in the vicinity of the site. The IDNR identified protected resources that may be in the vicinity of the proposed action; however, the IDNR determined that adverse effects are unlikely. IDNR Consultation Letter is included in Attachment B. Historic Resources Database Review Kimley-Horn reviewed the Illinois Historic Preservation Division (IHPD) database for known historic resources within the project vicinity. According to the IHPD database, the project area contains no previously identified archaeological sites VHH$WWDFKPHQW& . There are 18 previously identified archaeological sites and 8 archaeological surveys completed within 0.5 miles of the site. The identified sites are not listed in the National Register of Historic Places. According to the Historic & Architectural Resources Geographic Information System (HARGIS), the site does not contain previously identified historic Page 6 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 buildings or sites and no buildings have been previously recorded within 0.5 miles of the site. The results of the IHPD review are sensitive in nature and should not be shared publicly. Correspondence with the Illinois State Historic Preservation Office (SHPO) is ongoing and results are pending. CONCLUSIONS Based on the information reviewed, Kimley-Horn has identified potential environmental constraints that could require additional planning. Based on the Level 1 (Desktop) Wetlands Assessment, Kimley-Horn identified two potential wetlands within the property. A level 2 (field) wetland delineation is recommended if project infrastructure is situated in the southern portion of the property. If the current (as of the date of this report) project extents remain as-is, a field delineation would be needed. If project infrastructure will avoid the potential wetland features, a field delineation would not be needed. Minimal potential suitable habitat for listed federal species was observed within the site. If tree clearing or structure demolition is anticipated, it is recommended to occur from November 1st – March 31st, which is outside of the active bat season. The IDNR determined that adverse effects to state listed species or protected resources are unlikely. No impacts to known IHPD-listed resources are anticipated. Correspondence with the Illinois State Historic Preservation Office (SHPO) is ongoing and results are pending. 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$HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK ATTACHMENT B Species Resources ™Ɠ™Ɠ Applicant: IDNR Project Number: Address: Contact:Scott Osborn 3720 S Dahlia St Denver, CO 80237 Alternate Number: Date: 26817300X Project: Address: Turning Point Energy KE105 15 Cannonball Drive , Bristol Description:The project proposed entails the development of a 5-megawatt AC solar photovoltaic system on a single parcel of land located at 15 Cannonball Trail, Bristol, IL 60512. The project area includes roughly 55 acres of land zoned in the Residential 2 and 3 zoning districts. 07/05/2022 2300083Turning Point Energy Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database shows the following protected resources may be in the vicinity of the project location: Mottled Sculpin (Cottus bairdii) An IDNR staff member will evaluate this information and contact you to request additional information or to terminate consultation if adverse effects are unlikely. Location The applicant is responsible for the accuracy of the location submitted for the project. County:Kendall Township, Range, Section: 37N, 7E, 15 Government Jurisdiction IL Environmental Protection Agency Terri LeMasters 1020 North Grand Avenue East Springfield, Illinois 62794 -9276 IL Department of Natural Resources Contact Adam Rawe 217-785-5500 Division of Ecosystems & Environment Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, compliance with applicable statutes and regulations is required. Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. Page 1 of 2 1. The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. Unauthorized use, tampering with or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials. Privacy EcoCAT generates a public record subject to disclosure under the Freedom of Information Act. Otherwise, IDNR uses the information submitted to EcoCAT solely for internal tracking purposes. Page 2 of 2 IDNR Project Number: 2300083 Denver, CO 80237 RE: Turning Point Energy KE105 Project Number(s): 2300083 [26817300X] County: Kendall Dear Applicant: Adam Rawe Division of Ecosystems and Environment 217-785-5500 July 05, 2022 Scott Osborn Turning Point Energy 3720 S Dahlia St This letter is in reference to the project you recently submitted for consultation. The natural resource review provided by EcoCAT identified protected resources that may be in the vicinity of the proposed action. The Department has evaluated this information and concluded that adverse effects are unlikely. Therefore, consultation under 17 Ill. Adm. Code Part 1075 is terminated. This consultation is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. The natural resource review reflects the information existing in the Illinois Natural Heritage Database at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, you must comply with the applicable statutes and regulations. Also, note that termination does not imply IDNR's authorization or endorsement of the proposed action. Please contact me if you have questions regarding this review. JB Pritzker, Governor Colleen Callahan, Director ATTACHMENT C Historic Resources                                      Project Site Esri Canada, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, METI/ NASA, EPA, USDA 0 0.45 0.90.23 mi 00.71.40.35 km 1:36,112 ArcGIS Web AppBuilder Esri Canada, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, METI/NASA, EPA, USDA | Data capture, compilation and library maintenance: Marge Bargh, Colin Treworgy, and other ISGS Coal Project Site IHPD Cultural Resources Map ,$66LWHV 6XUYH\V ,60&HPHWHULHV                Denver, CO 80237 RE: Turning Point Energy KE105 Project Number(s): 2300083 [26817300X] County: Kendall Dear Applicant: Adam Rawe Division of Ecosystems and Environment 217-785-5500 July 05, 2022 Scott Osborn Turning Point Energy 3720 S Dahlia St This letter is in reference to the project you recently submitted for consultation. The natural resource review provided by EcoCAT identified protected resources that may be in the vicinity of the proposed action. The Department has evaluated this information and concluded that adverse effects are unlikely. Therefore, consultation under 17 Ill. Adm. Code Part 1075 is terminated. This consultation is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. The natural resource review reflects the information existing in the Illinois Natural Heritage Database at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project’s implementation, you must comply with the applicable statutes and regulations. Also, note that termination does not imply IDNR's authorization or endorsement of the proposed action. Please contact me if you have questions regarding this review. JB Pritzker, Governor Colleen Callahan, Director Applicant: IDNR Project Number: Address: Contact:Scott Osborn 3720 S Dahlia St Denver, CO 80237 Alternate Number: Date: 26817300X Project: Address: Turning Point Energy KE105 15 Cannonball Drive , Bristol Description:The project proposed entails the development of a 5-megawatt AC solar photovoltaic system on a single parcel of land located at 15 Cannonball Trail, Bristol, IL 60512. The project area includes roughly 55 acres of land zoned in the Residential 2 and 3 zoning districts. 07/05/2022 2300083Turning Point Energy Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database shows the following protected resources may be in the vicinity of the project location: Mottled Sculpin (Cottus bairdii) An IDNR staff member will evaluate this information and contact you to request additional information or to terminate consultation if adverse effects are unlikely. Location The applicant is responsible for the accuracy of the location submitted for the project. County:Kendall Township, Range, Section: 37N, 7E, 15 Government Jurisdiction IL Environmental Protection Agency Terri LeMasters 1020 North Grand Avenue East Springfield, Illinois 62794 -9276 IL Department of Natural Resources Contact Adam Rawe 217-785-5500 Division of Ecosystems & Environment Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project’s implementation, compliance with applicable statutes and regulations is required. Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. Page 1 of 2 1. The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. Unauthorized use, tampering with or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials. Privacy EcoCAT generates a public record subject to disclosure under the Freedom of Information Act. Otherwise, IDNR uses the information submitted to EcoCAT solely for internal tracking purposes. Page 2 of 2 IDNR Project Number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12 13 14 15 16 17 18 19 20 21 4610000mN 22 77 78 79 80 81 82 83 8476 385000mE 77 78 79 80 81 82 83 84 376000mE 85 41.6250° 41.7500° -88.5000°-88.3750° 41.7500° 41.6250°-88.3750°-88.5000° 19 27 36 3 21 6 33 1 30 33 34 17 10 26 26 32 29 20 6 23 1 22 3 5 13 12 29 25 31 9 1 24 11 30 25 8 35 4 2 28 4 34 25 32 18 16 15 27 25 5 35 7 31 14 36 2 28 1 13 36 36 24 12 QUADRANGLE LOCATION YORKVILLE QUADRANGLE ILLINOIS 7.5-MINUTE SERIES U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY × Ø GN MN 0°57´ 17 MILS 3°16´ 58 MILS UTM GRID AND 2019 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET &0 *ULG=RQH'HVLJQDWLRQ 7 U.S. National Grid P6TXDUH,' ILLINOIS 1 Big Rock 8 Yorkville SE 2 Sugar Grove 3 Aurora North 4 Plano 5 Aurora South 6 Newark 7 Plattville ADJOINING QUADRANGLES 3 87 1 54 6 2 Imagery.....................................................NAIP, August 2019 - August 2019 Roads......................................... U.S. Census Bureau, 2017 Names............................................................................GNIS, 1980 - 2021 Hydrography...............................National Hydrography Dataset, 2003 - 2018 Contours............................................National Elevation Dataset, 2019 Boundaries..............Multiple sources; see metadata file 2018 - 2019 Public Land Survey System................................................BLM, 2020 Wetlands.................FWS National Wetlands Inventory Not Available North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid:Universal Transverse Mercator, Zone 16T Produced by the United States Geological Survey This map is not a legal document. Boundaries may be generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands. This map was produced to conform with the National Geospatial Program US Topo Product Standard. CONTOUR INTERVAL 10 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 SCALE 1:24 000 1000 500 0 METERS 1000 2000 21KILOMETERS00.51 10.50 MILES 1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET YORKVILLE, IL 2021 Expressway Local Connector ROAD CLASSIFICATION Ramp 4WD Secondary Hwy Local Road Interstate Route State RouteUS RouteWX./*7643016365942*NSN.7643016365942NGA REF NO.USGSX24K50144PROJECT AREA $(5,$/0$3 176 &DQQRQEDOO7UDLO %ULVWRO,/6+((7180%(52)‹1257+ +$5*,60$3 176 &DQQRQEDOO7UDLO %ULVWRO,/6+((7180%(52)‹1257+                   Petitioner: ______________________________________Contact Person:_____________________________________ Address: ________________________________________ __________________________________________________ City, State, Zip: __________________________________ __________________________________________________ Phone Number: ( ) ______ ( ) _______________________ Email: __________________________________________ __________________________________________________ Please select: How would you like to receive a copy of the NRI Report? Email Mail Site Location & Proposed Use Township Name __________________________________ Township _______ N, Range ________ E, Section(s) ___________ Parcel Index Number(s) ___________________________________________________________________________________ Project or Subdivision Name ___________________________________________ Number of Acres _____________________ Current Use of Site________________________________ Proposed Use __________________________________________ Proposed Number of Lots __________________________ Proposed Number of Structures ____________________________ Proposed Water Supply ____________________________ Proposed type of Wastewater Treatment ____________________ Proposed type of Storm Water Management _________________________________________________________________ Type of Request ‰Change in Zoning from ___________________ to ___________________ ‰Variance (Please describe fully on separate page) ‰Special Use Permit (Please describe fully on separate page) Name of County or Municipality the request is being filed with: _________________________________________________ In addition to this completed application form, please including the following to ensure proper processing: ‰Plat of Survey/Site Plan – showing location, legal description and property measurements ‰Concept Plan - showing the locations of proposed lots, buildings, roads, stormwater detention, open areas, etc. ‰If available: topography map, field tile map, copy of soil boring and/or wetland studies ‰NRI fee (Please make checks payable to Kendall County SWCD) The NRI fees, as of July 1, 2010, are as follows: Full Report: $375.00 for five acres and under, plus $18.00 per acre for each additional acre or any fraction thereof over five. Executive Summary Report: $300.00 (KCSWCD staff will determine when a summary or full report will be necessary.) Fee for first five acres and under $ 375.00_ ______ Additional Acres at $18.00 each $__________ Total NRI Fee $__________ NOTE:Applications are due by the 1st of each month to be on that month’s SWCD Board Meeting Agenda. Once a completed application is submitted, please allow 30 days for inspection, evaluation and processing of this report. I (We) understand the filing of this application allows the authorized representative of the Kendall County Soil and Water Conservation District (SWCD) to visit and conduct an evaluation of the site described above. The completed NRI report expiration date will be 3 years after the date reported. _______________________________________________ __________________ Petitioner or Authorized Agent Date This report will be issued on a nondiscriminatory basis without regard to race, color, religion, national origin, age, sex, handicap or marital status. 7775A Route 47, Yorkville, Illinois 60560 භ (630)553-5821 extension 3 www.kendallswcd.org NATURAL RESOURCE INFORMATION (NRI) REPORT APPLICATION FOR OFFICE USE ONLY NRI#________ Date initially rec’d ____________ Date all rec’d ____________ Board Meeting ________________________ Fee Due $___________ Fee Paid $ ___________ Check #_______ Over/Under Payment __________Refund Due_________ WCD) to visit and condnuct an ev 3 yeararrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrs sssssssssssss sssssss ssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss 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PePeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeetitititiononerer or r AAAAuAAAAAAAAAAAAuAAAAAAAAththororizizeded AAgee Jason Cooper Scott Osborn 3720 S Dahlia St Denver, CO 80237 630 487 3449 Jason.Cooper@kimley-horn.com sosborn@tpoint-e.com 37 7 15 PUD (R-2, R-3) Special Use City of Yorkville 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 303-618-9570 Yorkville Agricultural Land Freestanding Solar Energy System 1 02-15-126-004 TPE IL KE105, LLC 54.02 49 882.00 1257.00 BMP 1 N/A N/A July 28, 2022 CANNONBALL TRAIL(70' WIDE R.O.W.)BNSF RAIL (FID 20375)TPE IL KE105, LLC©EX-1ZONING SITEPLANVICINITY MAPSCALE 1" = 5000'PROJECT LOCATIONSITE DATA TABLELEGENDNOTESSOILS DATA TABLENORTHBNSF RAILCANNONBALL TRAILUS-34GALENA RDKENNEDY RDIL-251 Ï ―│Ï ―│Ï―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï ―│Ï 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U.S. Census Bureau, 2017 Names............................................................................GNIS, 1980 - 2021 Hydrography...............................National Hydrography Dataset, 2003 - 2018 Contours............................................National Elevation Dataset, 2019 Boundaries..............Multiple sources; see metadata file 2018 - 2019 Public Land Survey System................................................BLM, 2020 Wetlands.................FWS National Wetlands Inventory Not Available North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid:Universal Transverse Mercator, Zone 16T Produced by the United States Geological Survey This map is not a legal document. Boundaries may be generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands. This map was produced to conform with the National Geospatial Program US Topo Product Standard. CONTOUR INTERVAL 10 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 SCALE 1:24 000 1000 500 0 METERS 1000 2000 21KILOMETERS00.51 10.50 MILES 1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET YORKVILLE, IL 2021 Expressway Local Connector ROAD CLASSIFICATION Ramp 4WD Secondary Hwy Local Road Interstate Route State RouteUS RouteWX./*7643016365942*NSN.7643016365942NGA REF NO.USGSX24K50144PROJECT AREA August 9, 2022 TPE IL KE105, LLC 3720 S. Dahlia St. Denver, CO 80237 Dear Petitioner, The Kendall County Soil & Water Conservation District completed a Natural Resource Information (NRI) Report #2211 for a Special Use Permit request with the City of Yorkville, IL to construct a freestanding solar energy system. The proposed solar facility is located on one parcel (Parcel Index Number 02-15-126- 004)in the NE and NW ¼ of Section 15, Township 37N, and Range 7E of Bristol Township in Kendall County, IL. Copies of NRI Report #2211 have been provided to the City of Yorkville’s Zoning Department and Bristol Township. Attached please find a copy of the NRI Report and payment receipt for $1,257.00. We received your payment by mail. If you have any questions, please contact our office at (630) 553-5821 extension 3 or email Alyse.Olson@il.nacdnet.net. Sincerely, Alyse Olson Resource Conservationist Enclosures 7775A Route 47, Yorkville, Illinois 60560 භ (630)553-5821 extension 3 www.kendallswcd.org Alyse Olson NRI Receipt Date 8/8/2022 NRI No. 2211 Applicant 73(,/.(//& 6'DKOLD6W 'HQYHU&2 Contact 73(,/.(//& $WWQ6FRWW2VERUQ 3720 S Dahlia Street Denver, CO 80237 Kendall County Soil & Water Conservation District Check No. 486 Payment Method Check Total 7775A Route 47 Yorkville, IL 60560 Phone: 630.553.5821 ext.3 Fax: 630.553.7442 alyse.olson@il.nacdnet.net Item Project Name Acres Additional Acres Rate Amount NRI Fee (1st 5 acres) NRI Fee for 1st 5 acres TPE IL KE105, LLC 1 1 375.00 375.00 NRI Fee (additional acres) Additional acres 49 49 18.00 882.00 $1,257.00 NATURAL RESOURCE INFORMATION (NRI) REPORT: #2211 Aug. 2022 Petitioner: TPE IL KE105, LLC Contact: TPE IL KE105, LLC Prepared By: 7775A Route 47 Yorkville, Illinois 60560 Phone: (630) 553-5821 x3 www.kendallswcd.org NRI 2211 August 2022 Natural Resource Information Report Number 2211 Date District Board Reviews Application August 2022 Applicant’s Name TPE IL KE105, LLC Size of Parcel (+/-) 54.02 acres Current Zoning & Use R-2, R-3 PUD Residential Planned Unit Development; Agricultural field Proposed Zoning & Use R-2, R-3 PUD Residential Planned Unit Development Special Use; Freestanding Solar Energy System Parcel Index Number(s) 02-15-126-004 Contact Person TPE IL KE105, LLC Copies of this report or notification of the proposed land-use change was provided to: Yes No The Applicant X X The Applicant’s Legal Representation The Local/Township Planning Commission X The Village/City/County Planning and Zoning Department or Appropriate Agency X The Kendall County Soil and Water Conservation District Files X Report Prepared By: Alyse Olson Position: Resource Conservationist KENDALL COUNTY SOIL AND WATER CONSERVATION DISTRICT NATURAL RESOURCE INFORMATION (NRI) REPORT NRI 2211 August 2022 PURPOSE AND INTENT The purpose of this report is to provide officials of the local governing body and other decision-makers with natural resource information. This information may be useful when undertaking land use decisions concerning variations, amendments or relief of local zoning ordinances, proposed subdivision of vacant or agricultural lands and the subsequent development of these lands. This report is a requirement under Section 22.02a of the Illinois Soil and Water Conservation Districts Act. The intent of this report is to present the most current natural resource information available in a readily understandable manner. It contains a description of the present site conditions, the present resources, and the potential impacts that the proposed change may have on the site and its resources. The natural resource information was gathered from standardized data, on-site investigations and information furnished by the petitioner. This report must be read in its entirety so that the relationship between the natural resource factors and the proposed land use change can be fully understood. Due to the limitations of scale encountered with the various resource maps, the property boundaries depicted in the various exhibits in this report provide a generalized representation of the property location and may not precisely reflect the legal description of the PIQ (Parcel in Question). This report, when used properly, will provide the basis for proper land use change decisions and development while protecting the natural resource base of the county. It should not be used in place of detailed environmental and/or engineering studies that are warranted under most circumstances, but in conjunction with those studies. The conclusions of this report in no way indicate that a certain land use is not possible, but it should alert the reader to possible problems that may occur if the capabilities of the land are ignored. Any questions on the technical data supplied in this report or if anyone feels that they would like to see more additional specific information to make the report more effective, please contact: Kendall County Soil and Water Conservation District 7775A Route 47, Yorkville, IL 60560 Phone: (630) 553-5821 ext. 3 E-mail: Alyse.Olson@il.nacdnet.net NRI 2211 August 2022 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 1 PARCEL LOCATION ........................................................................................................................................ 7 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION ............................................................................. 9 ECOLOGICALLY SENSITIVE AREAS ............................................................................................................... 10 SOILS INFORMATION .................................................................................................................................. 12 SOILS INTERPRETATIONS EXPLANATION..................................................................................................... 14 BUILDING LIMITATIONS .............................................................................................................................. 15 SOIL WATER FEATURES ............................................................................................................................... 21 SOIL EROSION AND SEDIMENT CONTROL ................................................................................................... 24 PRIME FARMLAND SOILS ............................................................................................................................ 25 LAND EVALUATION AND SITE ASSESSMENT (LESA) .................................................................................... 26 LAND USE PLANS ......................................................................................................................................... 28 DRAINAGE, RUNOFF, AND FLOOD INFORMATION ..................................................................................... 2 8 WATERSHED PLANS .................................................................................................................................... 33 WETLAND INFORMATION ........................................................................................................................... 34 HYDRIC SOILS .............................................................................................................................................. 36 WETLAND AND FLOODPLAIN REGULATIONS .............................................................................................. 38 GLOSSARY.................................................................................................................................................... 39 REFERENCES ................................................................................................................................................ 42 LIST OF FIGURES FIGURE 1: Soil Map ………………………………..……………………..……………………………………………………..………………… 2 FIGURE 2: Soil Limitations …………..……………………………………………………….…………………………………………………. 4 FIGURE 3: 2021 Plat Map ………………..……………………………………………………….………...………………………………….. 7 FIGURE 4: 2019 Aerial Map with NRI Site Boundary ……………………………….…………….………….……………..…….. 8 FIGURE 5: Soil Map ………………………………………………………………………………….…………………………………………… 13 FIGURE 6A-6C: Maps of Building Limitations ……………………………………………..……………………………..…….. 18-20 NRI 2211 August 2022 FIGURE 7: Map of Prime Farmland Soils …………………………………………………………………..…………………….…….. 25 FIGURE 8A: FEMA Floodplain Map (West half) …………………….……………….……………….……………………………… 30 FIGURE 8B: FEMA Floodplain Map (East half) ………………………………………………………….……………………………. 31 FIGURE 9: USGS Topographic Map …………………………………………………………………..………………….……………….. 32 FIGURE 01: Wetland Map – USFWS National Wetland Inventory …………………………………..…….……….………. 35 FIGURE 11: Hydric Soils Map …………………………………………………………………………………….……….…….…………… 37 LIST OF TABLES TABLE 1: Soils Information ……………………………………………………………….…………………………………………………….. 2 TABLE 2: Soil Limitations ………………………………..………………………………………………….……………………….………….. 4 TABLE 3: Soil Map Unit Descriptions …………………………………………………………….…………………………..………….. 13 TABLE 4: Building Limitations ……………………………………………………………………………………………………………….. 16 TABLE 5: Water Features ……………………………………………………………………………………………………………………… 23 TABLE 6: Soil Erosion Potential ……………………………………………………………………………………………….……………. 24 TABLE 7: Prime Farmland Soils …………………………………………………………………………………………………..…………. 25 TABLE 8: Land Evaluation Computation …………………………………………………………..…………………………..………. 26 TABLE 9: Hydric Soils ………………………..……………………………………………………..…………………………….…..………… 36 NRI 2211 August 2022 1 EXECUTIVE SUMMARY Natural Resource Information Report Number #2211 Petitioner TPE IL KE105, LLC Contact Person TPE IL KE105, LLC County or Municipality the Petition is Filed With City of Yorkville Location of Parcel NE & NW ¼ of Section 15, Township 37 North, Range 7 East (Bristol Township) of the 3rd Principal Meridian Project or Subdivision Name TPE IL KE105, LLC Solar Development Existing Zoning & Land Use R-2, R-3 PUD Residential Planned Unit Development; Agricultural field Proposed Zoning & Land Use R-2, R-3 PUD Residential Planned Unit Development Special Use; Freestanding Solar Energy System Proposed Water Source N/A Proposed Type of Sewage Disposal System N/A Proposed Type of Storm Water Management Not provided Size of Site (+/-) 54.02 acres Land Evaluation Site Assessment Score Land Evaluation: 84; Site Assessment: N/A NRI 2211 August 2022 2 NATURAL RESOURCE CONSIDERATIONS Figure 1: Soil Map SOIL INFORMATION Based on information from the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) 2008 Kendall County Soil Survey, this parcel is shown to contain the following soil types (please note this does not replace the need for or results of onsite soil testing; if completed, please refer to onsite soil test results for planning/engineering purposes): Table 1: Soils Information Map Unit Soil Name Drainage Class Hydrologic Group Hydric Designation Farmland Designation 149A Brenton silt loam, 0-2% slopes Somewhat Poorly Drained B/D Non-Hydric, Hydric Inclusions Likely Prime Farmland 206A Thorp silt loam, 0-2% slopes Poorly Drained C/D Hydric Prime Farmland if Drained 318C2 Lorenzo loam, 4-6% slopes, eroded Well Drained B Non-Hydric Farmland of Statewide Importance 325A Dresden silt loam, 0-2% slopes Well Drained B Non-Hydric Prime Farmland NRI 2211 August 2022 3 325B Dresden silt loam, 2-4% slopes Well Drained B Non-Hydric Prime Farmland 330A Peotone silty clay loam, 0-2% slopes Very Poorly Drained C/D Hydric Prime Farmland if Drained 369A Waupecan silt loam, 0-2% slopes Well Drained B Non-Hydric Prime Farmland 791A Rush silt loam, 0-2% slopes Well Drained B Non-Hydric Prime Farmland Hydrologic Soil Groups – Soils have been classified into four (A, B, C, D) hydrologic groups based on runoff characteristics due to rainfall. If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D), the first letter is for drained areas and the second letter is for undrained areas.  Hydrologic group A: Soils have a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission.  Hydrologic group B: Soils have a moderate infiltration rate when thoroughly wet, consist chiefly of moderately deep to deep, moderately well drained to well drained soils that have a moderately fine to moderately coarse texture. These soils have a moderate rate of water transmission.  Hydrologic group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission.  Hydrologic group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Hydric Soils – A hydric soil is one that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile that supports the growth or regeneration of hydrophytic vegetation. Soils with hydric inclusions have map units dominantly made up of non-hydric soils that may have inclusions of hydric soils in the lower positions on the landscape. Of the soils found onsite, two are classified as hydric soil (206A Thorp silt loam and 330A Peotone silty clay loam), five are classified as non-hydric soil (318C2 Lorenzo loam, 325A & 325B Dresden silt loam, 369A Waupecan silt loam, and 791A Rush silt loam), and one is classified as non-hydric soil with hydric inclusions likely (149A Brenton silt loam). Prime Farmland – Prime farmland is land that has the best combination of physical and chemical characteristics for agricultural production. Prime farmland soils are an important resource to Kendall County and some of the most productive soils in the United States occur locally. Of the soils found onsite, five are designated as prime farmland (149A Brenton silt loam, 325A & 325B Dresden silt loam, 369A Waupecan silt loam, and 791A Rush silt loam), two are designated as prime farmland if drained (206A Thorp silt loam and 330A Peotone silty clay loam), and one is designated as farmland of statewide importance (318C2 Lorenzo loam). All are considered designations of prime farmland. Soil Limitations – The USDA-NRCS Web Soil Survey rates the limitations of soils for dwellings with basements, dwellings without basements, small commercial buildings, shallow excavations, NRI 2211 August 2022 4 lawns/landscaping, and local roads and streets. Soils have different properties which influence the development of building sites. The USDA-NRCSclassifies soils as Not Limited, Somewhat Limited, and Very Limited. Soils that are Not Limited indicatesthat the soil has properties that are favorable for the specified use. They will perform well and will have low maintenance. Soils that are Somewhat Limited are moderately favorable, and their limitations can be overcome through special planning, design, or installation. Soils that are Very Limited have features that are unfavorable for the specified use, and their limitations cannot easily be overcome. Table 2: Soil Limitations Soil Type Solar Arrays, Soil- Based Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns/ Landscaping Local Roads & Streets 149A Very Limited Very Limited Very Limited Somewhat Limited Very Limited 206A Very Limited Very Limited Very Limited Very Limited Very Limited 318C2 Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited 325A Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited 325B Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited Somewhat Limited 330A Very Limited Very Limited Very Limited Very Limited Very Limited 369A Very Limited Very Limited Somewhat Limited Somewhat Limited Very Limited 791A Very Limited Very Limited Somewhat Limited Somewhat Limited Very Limited Figure 2: Soil Limitations KENDALL COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: Land Evaluation (LE): The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is 0 20 40 60 80 100 Solar Arrays, Soil- Based Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns/Landscaping Local Roads & Streets % OF SOIL TYPE OF IMPROVEMENT SOIL LIMITATIONS Not Limited Somewhat Limited Very Limited NRI 2211 August 2022 5 assigned a value of 100 and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. ƒ The Land Evaluation score for this site is 84, indicating that the soils are well suited for agricultural uses.  Site Assessment (SA): The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The Site Assessment value is based on a 200-point scale and accounts for 2/3 of the total score. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel. ƒ The Site Assessment score for this site is not applicable. WETLANDS The U.S. Fish & Wildlife Service’s National Wetlands Inventory map does not indicate the presence of a wetland(s) on the proposed project site. To determine if a wetland is present, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. FLOODPLAIN The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for Kendall County, Community Panel No. 17093C0035H (effective date January 8, 2014) was reviewed to determine the presence of floodplain and floodway areas within the project site. According to the map, the site is not located within the floodplain or floodway. SEDIMENT AND EROSION CONTROL Development on this site should include an erosion and sediment control plan in accordance with local, state, and federal regulations. Soil erosion on construction sites is a resource concern because suspended sediment from areas undergoing development is a primary nonpoint source of water pollution. 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This parcel is located east of Cannonball Trail, south of Galena Road, west of Kennedy Road, and north of the BNSF Railroad in Bristol, IL. NRI 2211 August 2022 8 Figure 4: 2021 Aerial Map with NRI Site Boundary NRI 2211 August 2022 9 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION Simply stated, cultural resources are all the past activities and accomplishments of people. They include the following: buildings; objects made or used by people; locations; and less tangible resources, such as stories, dance forms, and holiday traditions. The Soil and Water Conservation District most often encounters cultural resources as historical properties. These may be prehistoric or historical sites, buildings, structures, features, or objects. The most common type of historical property that the Soil and Water Conservation District may encounter is non-structural archaeological sites. These sites often extend below the soil surface and must be protected against disruption by development or other earth moving activity if possible. Cultural resources are non- renewable because there is no way to “grow” a site to replace a disrupted site. Landowners with historical properties on their land have ownership of that historical property. However, the State of Illinois owns all the following: human remains, grave markers, burial mounds, and artifacts associated with graves and human remains. Non-grave artifacts from archaeological sites and historical buildings are the property of the landowner. The landowner may choose to disturb a historical property but may not receive federal or state assistance to do so. If an earth moving activity disturbs human remains, the landowner must contact the county coroner within 48 hours. The Illinois Historic Preservation Agency has not been notified of the proposed land use change by the Kendall County SWCD. The applicant may need to contact the IHPA according to current Illinois law. NRI 2211 August 2022 10 ECOLOGICALLY SENSITIVE AREAS WHAT IS BIOLOGICAL DIVERSITY AND WHY SHOULD IT BE CONSERVED?1 Biological diversity, or biodiversity, is the range of life on our planet. A more thorough definition is presented by botanist Peter H. Raven: “At the simplest level, biodiversity is the sum total of all the plants, animals, fungi and microorganisms in the world, or in a particular area; all of their individual variation; and all of the interactions between them. It is the set of living organisms that make up the fabric of the planet Earth and allow it to function as it does, by capturing energy from the sun and using it to drive all of life’s processes; by forming communities of organisms that have, through the several billion years of life’s history on Earth, altered the nature of the atmosphere, the soil and the water of our Planet; and by making possible the sustainability of our planet through their life activities now” (Raven 1994). It is not known how many species occur on our planet. Presently, about 1.4 million species have been named. It has been estimated that there are perhaps 9 million more that have not been identified. What is known is that they are vanishing at an unprecedented rate. Reliable estimates show extinction occurring at a rate several orders of magnitude above “background” in some ecological systems (Wilson 1992, Hoose 1981). The reasons for protecting biological diversity are complex, but they fall into four major categories. First, loss of diversity generally weakens entire natural systems. Healthy ecosystems tend to have many natural checks and balances. Every species plays a role in maintaining this system. When simplified by the loss of diversity, the system becomes more susceptible to natural and artificial perturbations. The chances of a system-wide collapse increase. In parts of the midwestern United States, for example, it was only the remnant areas of natural prairies that kept soil intact during the dust bowl years of the 1930s (Roush 1982). Simplified ecosystems are almost always expensive to maintain. For example, when synthetic chemicals are relied upon to control pests, the target species are not the only ones affected. Their predators are almost always killed or driven away, exasperating the pest problem. In the meantime, people are unintentionally breeding pesticide-resistant pests. A process has begun where people become perpetual guardians of the affected area, which requires the expenditure of financial resources and human ingenuity to keep the system going. A second reason for protecting biological diversity is that it represents one of our greatest untapped resources. Great benefits can be reaped from a single species. About 20 species provide 90% of the world’s food. Of these 20, just three, wheat, maize, and rice-supply over one half of that food. American wheat farmers need new varieties every five to 15 years to compete with pests and diseases. Wild strains of wheat are critical genetic reservoirs for these new varieties. Further, every species is a potential source of human medicine. In 1980, a published report identified the market value of prescription drugs from higher plants at over $3 billion. Organic alkaloids, a class of NRI 2211 August 2022 11 chemical compounds used in medicines, are found in an estimated 20% of plant species. Yet only 2% of plant species have been screened for these compounds (Hoose 1981). The third reason for protecting diversity is that humans benefit from natural areas and depend on healthy ecosystems. The natural world supplies our air, our water, our food and supports human economic activity. Further, humans are creatures that evolved in a diverse natural environment between forest and grasslands. People need to be reassured that such places remain. When people speak of “going to the country,” they generally mean more than getting out of town. For reasons of their own sanity and wellbeing, they need a holistic, organic experience. Prolonged exposure to urban monotony produces neuroses, for which cultural and natural diversity cure. Historically, the lack of attention to biological diversity, and the ecological processes it supports, has resulted in economic hardships for segments of the basin’s human population. The final reason for protecting biological diversity is that species and natural systems are intrinsically valuable. The above reasons have focused on the benefits of the natural world to humans. All things possess intrinsic value simply because they exist. BIOLOGICAL RESOURCES CONCERNING THE SUBJECT PARCEL As part of the Natural Resources Information Report, staff checks office maps to determine if any nature preserves or ecologically sensitive areas are in the general vicinity of the parcel in question. If there is a nature preserve in the area, then that resource will be identified as part of the report. The SWCD recommends that every effort be made to protect that resource. Such efforts should include, but are not limited to erosion control, sediment control, stormwater management, and groundwater monitoring. ______________________________________________________________________________ 1Taken from The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities, prepared by the Nature Conservancy Great Lakes Program 79W. Monroe Street, Suite 1309, Chicago, IL 60603, January 1994. Office maps indicate that ecologically sensitive area(s) are located on or near the parcel in question (PIQ). Blackberry Creek is located within ¼ mile east/northeast of the PIQ. NRI 2211 August 2022 12 SOILS INFORMATION IMPORTANCE OF SOILS INFORMATION Soils information comes from the Natural Resources Conservation Service Soil Maps and Descriptions for Kendall County. This information is important to all parties involved in determining the suitability of the proposed land use change. Each soil polygon is given a number, which represents its soil type. The letter found after the soil type number indicates the soils slope class. Each soil map unit has limitations for a variety of land uses such as septic systems, buildings with basements, and buildings without basements. It is important to remember that soils do not function independently of each other. The behavior of a soil depends upon the physical properties of adjacent soil types, the presence of artificial drainage, soil compaction, and its position in the local landscape. The limitation categories (not limited, somewhat limited, or very limited) indicate the potential for difficulty in using that soil unit for the proposed activity and, thus, the degree of need for thorough soil borings and engineering studies. A limitation does not necessarily mean that the proposed activity cannot be done on that soil type. It does mean that the reasons for the limitation need to be thoroughly understood and dealt with to complete the proposed activity successfully. Very limited indicates that the proposed activity will be more difficult and costly to do on that soil type than on a soil type with a somewhat limited or not limited rating. Soil survey interpretations are predictions of soil behavior for specified land uses and specified management practices. They are based on the soil properties that directly influence the specified use of the soil. Soil survey interpretations allow users of soil surveys to plan reasonable alternatives for the use and management of soils. Soil interpretations do not eliminate the need for on-site study and testing of specific sites for the design and construction for specific uses. They can be used as a guide for planning more detailed investigations and for avoiding undesirable sites for an intended use. The scale of the maps and the range of error limit the use of the soil delineation. NRI 2211 August 2022 13 Figure 5: Soil Map Table 3: Soil Map Unit Descriptions Symbol Descriptions Acres Percent 149A Brenton silt loam, 0-2% slopes 0.6 1.0% 206A Thorp silt loam, 0-2% slopes 5.6 10.3% 318C2 Lorenzo loam, 4-6% slopes, eroded 0.4 0.8% 325A Dresden silt loam, 0-2% slopes 5.9 10.9% 325B Dresden silt loam, 2-4% slopes 14.9 27.5% 330A Peotone silty clay loam, 0-2% slopes 1.7 3.1% 369A Waupecan silt loam, 0-2% slopes 12.4 22.9% 791A Rush silt loam, 0-2% slopes 12.7 23.5% Source: National Cooperative Soil Survey – USDA-NRCS NRI 2211 August 2022 14 SOILS INTERPRETATIONS EXPLANATION GENERAL – NONAGRICULTURAL These interpretative ratings help engineers, planners, and others to understand how soil properties influence behavior when used for nonagricultural uses such as building site development or construction materials. This report gives ratings for proposed uses in terms of limitations and restrictive features. The tables list only the most restrictive features. Other features may need treatment to overcome soil limitations for a specific purpose. Ratings come from the soil's "natural" state, that is, no unusual modification occurs other than that which is considered normal practice for the rated use. Even though soils may have limitations, an engineer may alter soil features or adjust building plans for a structure to compensate for most degrees of limitations. Most of these practices, however, are costly. The final decision in selecting a site for a particular use generally involves weighing the costs for site preparation and maintenance. Soil properties influence development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. Soil limitation ratings of not limited, somewhat limited, and very limited are given for the types of proposed improvements that are listed or inferred by the petitioner as entered on the report application and/or zoning petition. The most common types of building limitation that this report gives limitations ratings for is septic systems. It is understood that engineering practices can overcome most limitations for buildings with and without basements, and small commercial buildings. Limitation ratings for these types of buildings are not commonly provided. Organic soils, when present on the parcel, are referenced in the hydric soils section of the report. This type of soil is considered unsuitable for all types of construction. LIMIATIONS RATINGS  Not Limited: This soil has favorable properties for the use. The degree of limitation is minor. The people involved can expect good performance and low maintenance.  Somewhat Limited: This soil has moderately favorable properties for the use. Special planning, design, or maintenance can overcome this degree of limitation. During some part of the year, the expected performance is less desirable than for soils rated slight.  Very Limited: This soil has one or more properties that are unfavorable for the rated use. These may include the following: steep slopes, bedrock near the surface, flooding, high shrink-swell potential, a seasonal high water table, or low strength. This degree of limitation generally requires major soil reclamation, special design, or intensive maintenance, which in most situations is difficult and costly. NRI 2211 August 2022 15 BUILDING LIMITATIONS BUILDING ON POORLY SUITED OR UNSUITABLE SOILS Building on poorly suited or unsuitable soils can present problems to future property owners such as cracked foundations, wet basements, lowered structural integrity and high maintenance costs associated with these problems. The staff of the Kendall County SWCD strongly urges scrutiny by the plat reviewers when granting parcels with these soils exclusively. Solar Arrays, Soil-Based Anchor Systems – Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Two basic methods are used to hold the systems to the ground, based on site conditions and cost. One method employs driven piles, screw augers, or concrete piers that penetrate the soil to provide a stable foundation. Solar Arrays, Ballast Anchor Systems Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Ballast anchor systems can be used in some places where soil-penetrating systems cannot, such as in shallow or stony soil. Also, since they do not penetrate the soil, ballast systems can be used where the soil is contaminated, and disturbance is to be avoided. The soil in the area must have sufficient strength to be able to support the vehicles that haul the ballast and the machinery to install it. Shallow Excavations – Trenches or holes dug to a maximum depth of 5 or 6 feet for utility lines, open ditches, or other purposes. Ratings are based on soil properties that influence the ease of digging and the resistance to sloughing. Lawns and Landscaping – Require soils on which turf and ornamental trees and shrubs can be established and maintained (irrigation is not considered in the ratings). The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. Local Roads and Streets – They have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material, a base of gravel, crushed rock or soil material stabilized by lime or cement; and a surface of flexible material (asphalt), rigid material (concrete) or gravel with a binder. The ratings are based on the soil properties that affect the east of excavation and grading and the traffic-supporting capacity. NRI 2211 August 2022 16 Table 4: Building Limitations Soil Type Solar Arrays, Soil-Based Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns & Landscaping Local Roads & Streets Acres % 149A Very Limited: Frost action; Low strength; Steel corrosion; Depth to saturated zone; Hillslope position Very Limited: Frost action Low strength Depth to saturated zone Hillslope position Very Limited: Depth to saturated zone Dusty Unstable excavation walls Somewhat Limited: Depth to saturated zone Dusty Very Limited: Frost action Low strength Depth to saturated zone Shrink-swell 0.6 1.0% 206A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Very Limited: Ponding Depth to saturated zone Dusty Very Limited: Ponding Depth to saturated zone Frost action Low strength Shrink-swell 5.6 10.3% 318C2 Somewhat Limited: Steel corrosion Frost action Hillslope position Somewhat Limited: Frost action Hillslope position Somewhat Limited: Unstable excavation walls Dusty Somewhat Limited: Droughty Dusty Somewhat Limited: Frost action 0.4 0.8% 325A Somewhat Limited: Steel corrosion; Frost action; Hillslope position; Shrink-swell; Low strength Somewhat Limited: Frost action Hillslope position Low strength Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Somewhat Limited: Frost action Shrink-swell Low strength 5.9 10.9% 325B Somewhat Limited: Steel corrosion Frost action Hillslope position Slope shape across Shrink-swell Somewhat Limited: Frost action Hillslope position Slope shape across Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Somewhat Limited: Frost action Shrink-swell 14.9 27.5% 330A Very Limited: Ponding Depth to saturated zone Shrink-swell Frost action Low strength Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Very Limited: Ponding Depth to saturated zone Unstable excavation walls Dusty Too clayey Very Limited: Ponding Depth to saturated zone Dusty Very Limited: Ponding Depth to saturated zone Shrink-swell Frost action Low strength 1.7 3.1% NRI 2211 August 2022 17 Soil Type Solar Arrays, Soil-Based Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns & Landscaping Local Roads & Streets Acres % 369A Very Limited: Frost action Low strength Steel corrosion Hillslope position Shrink-swell Very Limited: Frost action Low strength Hillslope position Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Very Limited: Frost action Low strength Shrink-swell 12.4 22.9% 791A Very Limited: Frost action Low strength Steel corrosion Shrink-swell Hillslope position Very Limited: Frost action Low strength Hillslope position Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Very Limited: Frost-action Low strength Shrink-swell 12.7 23.5% % Very Limited 60.8% 60.8% 14.4% 13.4% 60.8% NRI 2211 August 2022 18 NRI Report 2211 Map of Building Limitations: Solar Arrays (Soil-Based & Ballast Anchor Systems) and Local Roads & Streets (Paved & Unpaved) Natural Resources Conservation Service Web Soil Survey Location: NE & NW ¼ Sec. 15, T.37N-R.7E (Bristol Township) Legend Figure 6A: Map of Building Limitations – Solar Arrays (Soil-Based & Ballast Anchor Systems) and Local Roads & Streets (Paved & Unpaved) NRI 2211 August 2022 19 NRI Report 2211 Map of Building Limitations: Shallow Excavations Natural Resources Conservation Service Web Soil Survey Location: NE & NW ¼ Sec. 15, T.37N-R.7E (Bristol Township) Legend Figure 6B: Map of Building Limitations – Shallow Excavations NRI 2211 August 2022 20 NRI Report 2211 Map of Building Limitations: Lawns/Landscaping Natural Resources Conservation Service Web Soil Survey Location: NE & NW ¼ Sec. 15, T.37N-R.7E (Bristol Township) Legend Figure 6C: Map of Building Limitations – Lawns/Landscaping NRI 2211 August 2022 21 SOIL WATER FEATURES Table 5, below, gives estimates of various soil water features that should be taken into consideration when reviewing engineering for a land use project. HYDROLOGIC SOIL GROUPS (HSGs) – The groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms.  Group A: Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission.  Group B: Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained, or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission.  Group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission.  Group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Note: If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D) the first letter is for drained areas and the second is for undrained areas. SURFACE RUNOFF – Surface runoff refers to the loss of water from an area by flow over the land surface. Surface runoff classes are based upon slope, climate and vegetative cover and indicates relative runoff for very specific conditions (it is assumed that the surface of the soil is bare and that the retention of surface water resulting from irregularities in the ground surface is minimal). The classes are negligible, very low, low, medium, high, and very high. MONTHS – The portion of the year in which a water table, ponding, and/or flooding is most likely to be a concern. WATER TABLE – Water table refers to a saturated zone in the soil and the data indicates, by month, depth to the top (upper limit) and base (lower limit) of the saturated zone in most years. These estimates are based upon observations of the water table at selected sites and on evidence of a saturated zone (grayish colors or mottles (redoximorphic features)) in the soil. Note: A saturated zone that lasts for less than a month is not considered a water table. PONDING – Ponding refers to standing water in a closed depression, and the data indicates surface water depth, duration, and frequency of ponding. NRI 2211 August 2022 22  Duration: Expressed as very brief if less than 2 days, brief if 2 to 7 days, long if 7 to 30 days and very long if more than 30 days.  Frequency: Expressed as: none meaning ponding is not possible; rare means unlikely but possible under unusual weather conditions (chance of ponding is 0-5% in any year); occasional means that it occurs, on the average, once or less in 2 years (chance of ponding is 5 to 50% in any year); and frequent means that it occurs, on the average, more than once in 2 years (chance of ponding is more than 50% in any year). FLOODING – The temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, and water standing in swamps and marshes is considered ponding rather than flooding.  Duration: Expressed as: extremely brief if 0.1 hour to 4 hours; very brief if 4 hours to 2 days; brief if 2 to 7 days; long if 7 to 30 days; and very long if more than 30 days.  Frequency: Expressed as: none means flooding is not probable; very rare means that it is very unlikely but possible under extremely unusual weather conditions (chance of flooding is less than 1% in any year); rare means that it is unlikely but possible under unusual weather conditions (chance of flooding is 1 to 5% in any year); occasional means that it occurs infrequently under normal weather conditions (chance of flooding is 5 to 50% in any year but is less than 50% in all months in any year); and very frequent means that it is likely to occur very often under normal weather conditions (chance of flooding is more than 50% in all months of any year). Note: The information is based on evidence in the soil profile. In addition, consideration is also given to local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood-prone areas at specific flood frequency levels. NRI 2211 August 2022 23 Table 5: Water Features Map Unit Hydrologic Group Surface Runoff Water Table Ponding Flooding 149A B/D Low January - May Upper Limit: 1.0’-2.0’ Lower Limit: 6.0’ June – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 206A C/D Negligible January - May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ June – December Upper Limit: -- Lower Limit: -- January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2 to 7 days) Frequency: Frequent June – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 318C2 B Medium January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 325A B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 325B B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: None January – December Duration: -- Frequency: None 330A C/D Negligible January - June Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ July – December Upper Limit: -- Lower Limit: -- January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2 to 7 days) Frequency: Frequent June – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 369A B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: None January – December Duration: -- Frequency: None 791A B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None NRI 2211 August 2022 24 SOIL EROSION AND SEDIMENT CONTROL Erosion is the wearing away of the soil by water, wind, and other forces. Soil erosion threatens the Nation's soil productivity and contributes the most pollutants in our waterways. Water causes about two thirds of erosion on agricultural land. Four properties, mainly, determine a soil's erodibility: texture, slope, structure, and organic matter content. Slope has the most influence on soil erosion potential when the site is under construction. Erosivity and runoff increase as slope grade increases. The runoff then exerts more force on the particles, breaking their bonds more readily and carrying them farther before deposition. The longer water flows along a slope before reaching a major waterway, the greater the potential for erosion. Soil erosion during and after this proposed construction can be a primary non-point source of water pollution. Eroded soil during the construction phase can create unsafe conditions on roadways, decrease the storage capacity of lakes, clog streams and drainage channels, cause deterioration of aquatic habitats, and increase water treatment costs. Soil erosion also increases the risk of flooding by choking culverts, ditches, and storm sewers and by reducing the capacity of natural and man-made detention facilities. The general principles of erosion and sedimentation control measures include:  Reducing/diverting flow from exposed areas, storing flows, or limiting runoff from exposed areas  Staging construction to keep disturbed areas to a minimum  Establishing or maintaining temporary or permanent groundcover  Retaining sediment on site  Properly installing, inspecting, and maintaining control measures Erosion control practices are useful controls only if they are properly located, installed, inspected, and maintained. The SWCD recommends an erosion and sediment control plan for all building sites, especially if there is a wetland or stream nearby. Table 6: Soil Erosion Potential Soil Type Slope Rating Acreage Percent of Parcel 149A 0-2% Slight 0.6 1.0% 206A 0-2% Slight 5.6 10.3% 318C2 4-6% Slight 0.4 0.8% 325A 0-2% Slight 5.9 10.9% 325B 2-4% Slight 14.9 27.5% 330A 0-2% Slight 1.7 3.1% 369A 0-2% Slight 12.4 22.9% 791A 0-2% Slight 12.7 23.5% NRI 2211 August 2022 25 PRIME FARMLAND SOILS Prime farmland soils are an important resource to Kendall County. Some of the most productive soils in the United States occur locally. Each soil map unit in the United States is assigned a prime or non-prime rating. Prime agricultural land does not need to be in the production of food & fiber. Section 310 of the NRCS general manual states that urban or built-up land on prime farmland soils is not prime farmland. The percentages of soils map units on the parcel reflect the determination that urban or built up land on prime farmland soils is not prime farmland. Table 7: Prime Farmland Soils Soil Types Prime Designation Acreage Percent 149A Prime Farmland 0.6 1.0% 206A Prime Farmland if drained 5.6 10.3% 318C2 Farmland of Statewide Importance 0.4 0.8% 325A Prime Farmland 5.9 10.9% 325B Prime Farmland 14.9 27.5% 330A Prime Farmland if drained 1.7 3.1% 369A Prime Farmland 12.4 22.9% 791A Prime Farmland 12.7 23.5% % Prime Farmland 100% Figure 7: Map of Prime Farmland Soils NRI 2211 August 2022 26 LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: LAND EVALUATION (LE) The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100, and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The LE score is calculated by multiplying the relative value of each soil type by the number of acres of that soil. The sum of the products is then divided by the total number of acres; the answer is the Land Evaluation score on this site. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. SITE ASSESSMENT (SA) The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The value group is a predetermined value based upon prime farmland designation. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel. Table 8: Land Evaluation Computation Soil Type Value Group Relative Value Acres Product (Relative Value x Acres) 149A 1 100 0.6 60.0 206A 3 87 5.6 487.2 318C2 6 69 0.4 27.6 325A 4 79 5.9 466.1 325B 4 79 14.9 1,177.1 330A 3 87 1.7 147.9 369A 2 94 12.4 1,165.6 791A 4 79 12.7 1,003.3 Totals 54.1 4,534.8 See next page NRI 2211 August 2022 27 LE Calculation (Product of relative value / Total Acres) 4,534.8 / 54.1 = 83.8 LE Score LE = 84 The Land Evaluation score for this site is 84, indicating that the soils are well suited for agricultural uses considering the Land Evaluation score is above 80. The Land Evaluation (LE) score for this site is 84, indicating that the soils are well suited for agricultural uses. The full LESA Score is not applicable for the proposed project site since it is within municipal planning boundaries. Note: Selecting the project site with the lowest total points will generally protect the best farmland located in the most viable areas and maintain and promote the agricultural industry in Kendall County. NRI 2211 August 2022 28 LAND USE PLANS Many counties, municipalities, villages, and townships have developed land-use plans. These plans are intended to reflect the existing and future land-use needs of a given community. Please contact the City of Yorkville’s Zoning Department for information regarding the City’s comprehensive land use plan and map. DRAINAGE, RUNOFF, AND FLOOD INFORMATION U.S.G.S Topographic maps give information on elevations, which are important mostly to determine slopes, drainage directions, and watershed information. Elevations determine the area of impact of floods of record. Slope information determines steepness and erosion potential. Drainage directions determine where water leaves the PIQ, possibly impacting surrounding natural resources. Watershed information is given for changing land use to a subdivision type of development on parcels greater than 10 acres. WHAT IS A WATERSHED? Simply stated, a watershed is the area of land that contributes water to a certain point. The watershed boundary is important because the area of land in the watershed can now be calculated using an irregular shape area calculator such as a dot counter or planimeter. Using regional storm event information, and site-specific soils and land use information, the peak stormwater flow through the point marked “{” for a specified storm event can be calculated. This value is called a “Q” value (for the given storm event) and is measured in cubic feet per second (CFS). When construction occurs, the Q value naturally increases because of the increase in impermeable surfaces. This process decreases the ability of soils to accept and temporarily hold water. Therefore, more water runs off and increases the Q value. Theoretically, if each development, no matter how large or small, maintains their preconstruction Q value after construction by the installation of stormwater management systems, the streams and wetlands and lakes will not suffer damage from excessive urban stormwater. For this reason, the Kendall County SWCD recommends that the developer for intense uses such as a subdivision calculate the preconstruction Q value for the exit point(s). A stormwater management system NRI 2211 August 2022 29 should be designed, installed, and maintained to limit the postconstruction Q value to be at or below the preconstruction value. IMPORTANCE OF FLOOD INFORMATION A floodplain is defined as land adjoining a watercourse (riverine) or an inland depression (non-riverine) that is subject to periodic inundation by high water. Floodplains are important areas demanding protection since they have water storage and conveyance functions which affect upstream and downstream flows, water quality and quantity, and suitability of the land for human activity. Since floodplains play distinct and vital roles in the hydrologic cycle, development that interferes with their hydrologic and biologic functions should be carefully considered. Flooding is both dangerous to people and destructive to their properties. The following maps, when combined with wetland and topographic information, can help developers and future homeowners to “sidestep” potential flooding or ponding problems. FIRM is the acronym for the Flood Insurance Rate Map, produced by the Federal Emergency Management Agency (FEMA). These maps define flood elevation adjacent to tributaries and major bodies of water and superimpose that onto a simplified USGS topographic map. The scale of the FIRM maps is generally dependent on the size and density of parcels in that area. (This is to correctly determine the parcel location and floodplain location.) The FIRM map has three (3) zones. Zone A includes the 100-year flood, Zone B or Zone X (shaded) is the 100 to 500-year flood, and Zone C or Zone X (unshaded) is outside the floodplain. The Hydrologic Atlas (H.A.) Series of the Flood of Record Map is also used for the topographic information. This map is different from the FIRM map mainly because it will show isolated or pocketed flooded areas. Kendall County uses both these maps in conjunction with each other for flooded area determinations. The Flood of Record maps show the areas of flood for various years. Both maps stress that the recurrence of flooding is merely statistical. A 100-year flood may occur twice in one year, or twice in one week, for that matter. It should be noted that greater floods than those shown on the two maps are possible. The flood boundaries indicated provide a historic record only until the map publication date. Additionally, these flood boundaries are a function of the watershed conditions existing when the maps were produced. Cumulative changes in runoff characteristics caused by urbanization can result in an increase in flood height of future flood episodes. Floodplains play a vital role in reducing the flood damage potential associated with an urbanizing area and, when left in an undisturbed state, also provide valuable wildlife habitat benefits. If it is the petitioner's intent to conduct floodplain filling or modification activities, the petitioner, and the Unit of Government responsible need to consider the potentially adverse effects this type of action could have on adjacent properties. The change or loss of natural floodplain storage often increases the frequency and severity of flooding on adjacent property. NRI 2211 August 2022 30 If the available maps indicate the presence of a floodplain on the PIQ, the petitioner should contact the IDNR-OWR and FEMA to delineate a floodplain elevation for the parcel. If a portion of the property is indeed floodplain, applicable state, county, and local regulations will need to be reflected in the site plans. Another indication of flooding potential can be found in the soils information. Hydric soils indicate the presence of drainageways, areas subject to ponding, or a naturally occurring high water table. These need to be considered along with the floodplain information when developing the site plan and the stormwater management plan. Development on hydric soils can contribute to the loss of water storage within the soil and the potential for increased flooding in the area. Figure 8A: FEMA Floodplain Map (West half) This parcel is located on slight topography (slopes 0 to 6%) and an elevation range of approximately 642’-654’ above sea level. According to the FEMA Floodplain Map, the parcel in question is located outside of the 100-year floodplain. It is mapped as Zone X, an area of minimal flood hazard. The parcel drains predominantly to the south. NRI 2211 August 2022 31 Figure 8B: FEMA Floodplain Map (East half) NRI 2211 August 2022 32 Figure 9: Topographic Map NRI 2211 August 2022 33 WATERSHED PLANS WATERSHED AND SUB WATERSHED INFORMATION A watershed is the area of land that drains into a specific point including a stream, lake, or other body of water. High points on the Earth’s surface, such as hills and ridges define watersheds. When rain falls in the watershed, it flows across the ground towards a stream or lake. Rainwater carries pollutants such as oils, pesticides, and soil. Everyone lives in a watershed. Their actions can impact natural resources and people living downstream. Residents can minimize this impact by being aware of their environment and the implications of their activities, implementing practices recommended in watershed plans, and educating others about their watershed. The following are recommendations to developers for protection of this watershed:  Preserve open space  Maintain wetlands as part of development  Use natural water management  Prevent soil from leaving a construction site  Protect subsurface drainage  Use native vegetation  Retain natural features  Mix housing styles and types  Decrease impervious surfaces  Reduce area disturbed by mass grading  Shrink lot size and create more open space  Maintain historical and cultural resources  Treat water where it falls  Preserve views  Establish and link trails This parcel is located within the Fox River watershed and the East Run – Blackberry Creek sub watershed. NRI 2211 August 2022 34 WETLAND INFORMATION IMPORTANCE OF WETLAND INFORMATION Wetlands function in many ways to provide numerous benefits to society. They control flooding by offering a slow release of excess water downstream or through the soil. They cleanse water by filtering out sediment and some pollutants and can function as rechargers of our valuable groundwater. They also are essential breeding, rearing, and feeding grounds for many species of wildlife. These benefits are particularly valuable in urbanizing areas as development activity typically adversely affects water quality, increases the volume of stormwater runoff, and increases the demand for groundwater. In an area where many individual homes rely on shallow groundwater wells for domestic water supplies, activities that threaten potential groundwater recharge areas are contrary to the public good. The conversion of wetlands, with their sediment trapping and nutrient absorbing vegetation, to biologically barren stormwater detention ponds can cause additional degradation of water quality in downstream or adjacent areas. It has been estimated that over 95% of the wetlands that were historically present in Illinois have been destroyed while only recently has the true environmental significance of wetlands been fully recognized. America is losing 100,000 acres of wetland a year and has saved 5 million acres total (since 1934). One acre of wetland can filter 7.3 million gallons of water a year. These are reasons why our wetlands are high quality and important. This section contains the National Wetlands Inventory, which is the most comprehensive inventory to date. The National Wetlands Inventory is reproduced from an aerial photo at a scale of 1” equals 660 feet. The NRCS developed these maps in cooperation with U.S. EPA (Environmental Protection Agency,) and the U.S. Fish and Wildlife Service, using the National Food Security Act Manual, 3rd Edition. The main purpose of these maps is to determine wetland areas on agricultural fields and areas that may be wetlands but are in a non-agriculture setting. The National Wetlands Inventory in no way gives an exact delineation of the wetlands, but merely an outline, or the determination that there is a wetland within the outline. For the final, most accurate wetland determination of a specific wetland, a wetland delineation must be certified by NRCS staff using the National Food Security Act Manual (on agricultural land.) On urban land, a certified wetland delineator must perform the delineation using the ACOE 1987 Manual. See the glossary section for the definitions of “delineation” and “determination. NRI 2211 August 2022 35 Figure 10: Wetland Map – USFWS National Wetlands Inventory Office maps indicate that mapped wetlands/waters are not present on the parcel in question (PIQ). NRI 2211 August 2022 36 HYDRIC SOILS Soils information gives another indication of flooding potential. The soils map on the following page indicates the soil(s) on the parcel that the Natural Resources Conservation Service indicates as hydric. Hydric soils, by definition, have seasonal high water at or near the soil surface and/or have potential flooding or ponding problems. All hydric soils range from poorly suited to unsuitable for building. One group of the hydric soils are the organic soils, which formed from dead organic material. Organic soils are unsuitable for building because of not only the high water table but also their subsidence problems. It is important to add the possibility of hydric inclusions in a soil type. An inclusion is a soil polygon that is too small to appear on these maps. While relatively insignificant for agricultural use, hydric soil inclusions become more important to more intense uses such as a residential subdivision. While considering hydric soils and hydric inclusions, it is noteworthy to mention that subsurface agriculture drainage tile occurs in almost all poorly drained and somewhat poorly drained soils. Drainage tile expedites drainage and facilitates farming. It is imperative that these drainage tiles remain undisturbed. A damaged subsurface drainage tile may return original hydrologic conditions to all the areas that drained through the tile (ranging from less than one acre to many square miles.) For an intense land use, such as a subdivision, the Kendall County SWCD recommends the following: a topographical survey with 1 foot contour intervals to accurately define the flood area on the parcel, an intensive soil survey to define most accurately the locations of the hydric soils and inclusions, and a drainage tile survey on the area to locate the tiles that must be preserved to maintain subsurface drainage. Table 9: Hydric Soils Soil Types Drainage Class Hydric Designation Hydric Inclusions Likely Acreage Percent 149A Somewhat Poorly Drained Non-Hydric Yes 0.6 1.0% 206A Poorly Drained Hydric No 5.6 10.3% 318C2 Well Drained Non-Hydric No 0.4 0.8% 325A Well Drained Non-Hydric No 5.9 10.9% 325B Well Drained Non-Hydric No 14.9 27.5% 330A Very Poorly Drained Hydric No 1.7 3.1% 369A Well Drained Non-Hydric No 12.4 22.9% 791A Well Drained Non-Hydric No 12.7 23.5% NRI 2211 August 2022 37 Figure 11: Hydric Soil Map NRI 2211 August 2022 38 WETLAND AND FLOODPLAIN REGULATIONS The laws of the United States and the State of Illinois assign certain agencies specific and different regulatory roles to protect the waters within the State's boundaries. These roles, when considered together, include protection of navigation channels and harbors, protection against floodway encroachments, maintenance and enhancement of water quality, protection of fish and wildlife habitat and recreational resources, and, in general, the protection of total public interest. Unregulated use of the waters within the State of Illinois could permanently destroy or alter the character of these valuable resources and adversely impact the public. Therefore, please contact the proper regulatory authorities when planning any work associated with Illinois waters so that proper consideration and approval can be obtained. WHO MUST APPLY? Anyone proposing to dredge, fill, rip rap, or otherwise alter the banks or beds of, or construct, operate, or maintain any dock, pier, wharf, sluice, dam, piling, wall, fence, utility, floodplain or floodway subject to State or Federal regulatory jurisdiction should apply for agency approvals. REGULATORY AGENCIES  Wetland or U.S. Waters: U.S. Army Corps of Engineers, Rock Island District, Clock Tower Building, Rock Island, IL  Floodplains: Illinois Department of Natural Resources/Office of Water Resources, One Natural Resources Way, Springfield, IL 62702-1270.  Water Quality/Erosion Control: Illinois Environmental Protection Agency, Springfield, IL COORDINATION We recommend early coordination with the regulatory agencies BEFORE finalizing work plans. This allows the agencies to recommend measures to mitigate or compensate for adverse impacts. Also, the agency can make possible environmental enhancement provisions early in the project planning stages. This could reduce time required to process necessary approvals. PLEASE READ THE FOLLOWING IF YOU ARE PLANNING TO DO ANY WORK NEAR A STREAM (THIS INCLUDES SMALL UNNAMED STREAMS), LAKE, WETLAND OR FLOODWAY. CAUTION: Contact with the United States Army Corps of Engineers is strongly advised before commencement of any work in or near a Waters of the United States. This could save considerable time and expense. Persons responsible for willful and direct violation of Section 10 of the River and Harbor Act of 1899 or Section 404 of the Federal Water Pollution Control Act are subject to fines ranging up to $27,500 per day of violation and imprisonment for up to one year or both. NRI 2211 August 2022 39 GLOSSARY AGRICULTURAL PROTECTION AREAS (AG AREAS) - Allowed by P.A. 81-1173. An AG AREA consists of a minimum of 350 acres of farmland, as contiguous and compact as possible. Petitioned by landowners, AG AREAS protect for a period of ten years initially, then reviewed every eight years thereafter. AG AREA establishment exempts landowners from local nuisance ordinances directed at farming operations, and designated land cannot receive special tax assessments on public improvements that do not benefit the land, e.g. water and sewer lines. AGRICULTURE - The growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable including dairying, poultry, swine, sheep, beef cattle, pony and horse production, fur farms, and fish and wildlife farms; farm buildings used for growing, harvesting and preparing crop products for market, or for use on the farm; roadside stands, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry and for preparing livestock or poultry products for market; farm dwellings occupied by farm owners, operators, tenants or seasonal or year around hired farm workers. B.G. - Below Grade. Under the surface of the Earth. BEDROCK - Indicates depth at which bedrock occurs. Also lists hardness as rippable or hard. FLOODING - Indicates frequency, duration, and period during year when floods are likely to occur. HIGH LEVEL MANAGEMENT - The application of effective practices adapted to different crops, soils, and climatic conditions. Such practices include providing for adequate soil drainage, protection from flooding, erosion and runoff control, near optimum tillage, and planting the correct kind and amount of high-quality seed. Weeds, diseases, and harmful insects are controlled. Favorable soil reaction and near optimum levels of available nitrogen, phosphorus, and potassium for individual crops are maintained. Efficient use is made of available crop residues, barnyard manure, and/or green manure crops. All operations, when combined efficiently and timely, can create favorable growing conditions and reduce harvesting losses -- within limits imposed by weather. HIGH WATER TABLE - A seasonal high water table is a zone of saturation at the highest average depth during the wettest part of the year. May be apparent, perched, or artesian kinds of water tables.  Water table, Apparent: A thick zone of free water in the soil. An apparent water table is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil.  Water table, Artesian: A water table under hydrostatic head, generally beneath an impermeable layer. When this layer is penetrated, the water level rises in an uncased borehole.  Water table, Perched: A water table standing above an unsaturated zone. In places an upper, or perched, water table is separated from a lower one by a dry zone. NRI 2211 August 2022 40 DELINEATION - For Wetlands: A series of pink or orange flags placed on the ground by a certified professional that outlines the wetland boundary on a parcel. DETERMINATION - A polygon drawn on a map using map information that gives an outline of a wetland. HYDRIC SOIL - This type of soil is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part (USDA Natural Resources Conservation Service 1987). INTENSIVE SOIL MAPPING - Mapping done on a smaller more intensive scale than a modern soil survey to determine soil properties of a specific site, e.g. mapping for septic suitability. LAND EVALUATION AND SITE ASSESSMENT (L.E.S.A.) - LESA is a systematic approach for evaluating a parcel of land and to determine a numerical value for the parcel for farmland preservation purposes. MODERN SOIL SURVEY - A soil survey is a field investigation of the soils of a specific area, supported by information from other sources. The kinds of soil in the survey area are identified and their extent shown on a map, and an accompanying report describes, defines, classifies, and interprets the soils. Interpretations predict the behavior of the soils under different used and the soils' response to management. Predictions are made for areas of soil at specific places. Soils information collected in a soil survey is useful in developing land-use plans and alternatives involving soil management systems and in evaluating and predicting the effects of land use. PALUSTRINE - Name given to inland freshwater wetlands. PERMEABILITY - Values listed estimate the range (in rate and time) it takes for downward movement of water in the major soil layers when saturated but allowed to drain freely. The estimates are based on soil texture, soil structure, available data on permeability and infiltration tests, and observation of water movement through soils or other geologic materials. PIQ - Parcel in question POTENTIAL FROST ACTION - Damage that may occur to structures and roads due to ice lens formation causing upward and lateral soil movement. Based primarily on soil texture and wetness. PRIME FARMLAND - Prime farmland soils are lands that are best suited to food, feed, forage, fiber and oilseed crops. It may be cropland, pasture, woodland, or other land, but it is not urban and built up land or water areas. It either is used for food or fiber or is available for those uses. The soil qualities, growing season, and moisture supply are those needed for a well-managed soil economically to produce a sustained high yield of crops. Prime farmland produces in highest yields with minimum inputs of energy and economic resources and farming the land results in the least damage to the environment. Prime farmland has an adequate and dependable supply of moisture from precipitation or irrigation. The temperature and growing season are favorable. The level of acidity or alkalinity is acceptable. Prime farmland has few or no rocks and is permeable to water and air. It is not excessively erodible or saturated NRI 2211 August 2022 41 with water for long periods and is not frequently flooded during the growing season. The slope ranges mainly from 0 to 5 percent (USDA Natural Resources Conservation Service). PRODUCTIVITY INDEXES - Productivity indexes for grain crops express the estimated yields of the major grain crops grown in Illinois as a single percentage of the average yields obtained under basic management from several of the more productive soils in the state. This group of soils is composed of the Muscatine, Ipava, Sable, Lisbon, Drummer, Flanagan, Littleton, Elburn and Joy soils. Each of the 425 soils found in Illinois are found in Circular 1156 from the Illinois Cooperative Extension Service. SEASONAL - When used in reference to wetlands indicates that the area is flooded only during a portion of the year. SHRINK-SWELL POTENTIAL - Indicates volume changes to be expected for the specific soil material with changes in moisture content. SOIL MAPPING UNIT - A map unit is a collection of soil areas of miscellaneous areas delineated in mapping. A map unit is generally an aggregate of the delineations of many different bodies of a kind of soil or miscellaneous area but may consist of only one delineated body. Taxonomic class names and accompanying phase terms are used to name soil map units. They are described in terms of ranges of soil properties within the limits defined for taxa and in terms of ranges of taxadjuncts and inclusions. SOIL SERIES - A group of soils, formed from a particular type of parent material, having horizons that, except for texture of the A or surface horizon, are similar in all profile characteristics and in arrangement in the soil profile. Among these characteristics are color, texture, structure, reaction, consistence, and mineralogical and chemical composition. SUBSIDENCE - Applies mainly to organic soils after drainage. Soil material subsides due to shrinkage and oxidation. TERRAIN - The area or surface over which a particular rock or group of rocks is prevalent. TOPSOIL - That portion of the soil profile where higher concentrations of organic material, fertility, bacterial activity and plant growth take place. Depths of topsoil vary between soil types. WATERSHED - An area of land that drains to an associated water resource such as a wetland, river or lake. Depending on the size and topography, watersheds can contain numerous tributaries, such as streams and ditches, and ponding areas such as detention structures, natural ponds and wetlands. WETLAND - An area that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient enough to support, and under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. NRI 2211 August 2022 42 REFERENCES Hydric Soils of the United States. USDA Natural Resources Conservation Service, 2007. DFIRM – Digital Flood Insurance Rate Maps for Kendall County. Prepared by FEMA – Federal Emergency Management Agency. Hydrologic Unit Map for Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. Land Evaluation and Site Assessment System. The Kendall County Department of Planning Building and Zoning, and The Kendall County Soil and Water Conservation District. In cooperation with: USDA, Natural Resources Conservation Service. Soil Survey of Kendall County. United States Department of Agriculture 2008, Natural Resources Conservation Service. Illinois Urban Manual. Association of Illinois Soil & Water Conservation Districts, 2020. Kendall County Land Atlas and Plat Book. 21st Edition, 2021. Potential For Contamination of Shallow Aquifers from Land Burial of Municipal Wastes. Illinois State Geological Survey. Natural Resources Conservation Service National Wetland Inventory Map. United States Department of Agriculture. Geologic Road Map of Illinois. Department of Natural Resources, Illinois State Geological Survey, Natural Resources Building, 615 East Peabody, Champaign IL 61820-6964. Wetlands - The Corps of Engineers' Administration of the Section 404 Program (GAO/RCED-88-110). Soil Erosion by Water - United States Department of Agriculture Natural Resources Conservation Service. Agriculture Information Bulletin 513. The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities, prepared by the Nature Conservancy Great Lakes Program 79W. Monroe Street, Suite 1309, Chicago, IL 60603, January 1994.                   Up to 6% Using TrueCapture Smart Control System Best-in Class Software Ecosystem and Global Services 35 GW Delivered on 5 Continents 5 years in a row Global Market Share Leader (2015-18) Features and ʵ˘ˡ˘Ё˧˦ Flexible and Resilient by Design With its self-aligning module rails and vibration-proof fasteners, NX Horizon can be easily and rapidly installed. The self-powered, decentralized architecture allows each row to be commissioned in advance of site power, and is designed to withstand high winds and other adverse weather conditions. On a recent 838 megawatt project in Villanueva, Mexico, these design features allowed for the project to go online nine months ahead of schedule. TrueCapture and Bifacial Enabled Incorporating the most promising innovations in utility scale solar, NX Horizon with TrueCapture™ smart control system can add additional energy production by up to six percent. Further unlocking the advantages of independent-row architecture and the data collected from thousands of sensors across its built-in wireless network, the software continuously optimizes the tracking algorithm of each row in response to site terrain and changing weather conditions. NX Horizon can also be paired with bifacial PV module technology, which can provide even more energy harvest and performance. With bifacial technology, NX Horizon outperforms conventional tracking systems with over 1% more annual energy. Quality and Reliability from Day One Quality and reliability are designed and tested into every NX Horizon component and system across our supply chain and manufacturing operations. Nextracker is the leader in dynamic wind analysis and safety ˦˧ˢ˪˜ˡ˚ʟ˗˘˟˜˩˘˥˜ˡ˚ˠ˔˝ˢ˥˕˘ˡ˘Ё˧˦˜ˡ˨ˣ˧˜ˠ˘˔ˡ˗˟ˢˡ˚ʠ˧˘˥ˠ˗˨˥˔˕˜˟˜˧ˬ ˁˋʻˢ˥˜˭ˢˡ˜˦˖˘˥˧˜Ё˘˗˧ˢˈʿʥʪʣʦ˔ˡ˗ˈʿʦʪʣʦ˦˧˔ˡ˗˔˥˗˦ʟ˨ˡ˗˘˥˦˖ˢ˥˜ˡ˚ Nextracker’s commitment to safety, reliability and quality. Serving as the backbone on over 35 gigawatts of solar power plants around the world, the NX Horizon™ smart solar tracker system combines best-in-class hardware and software to help EPCs and asset owners maximize performance and minimize operational costs. NX Horizon Smart Solar Tracking System nextracker.com INSTALLATION, OPERATIONS AND SERVICE PE stamped structural calculations and drawings Included Onsite training and system commissioning Included Installation requirements Simple assembly using swaged fasteners ˔ˡ˗˕ˢ˟˧˘˗˖ˢˡˡ˘˖˧˜ˢˡ˦ʡˁˢЁ˘˟˗˖˨˧˧˜ˡ˚ʟ drilling or welding. Monitoring NX Data Hub™ centralized data aggregation and monitoring Module cleaning compatibility ʶˢˠˣ˔˧˜˕˟˘˪˜˧˛ˁˋˤ˨˔˟˜Ё˘˗ cleaning systems Warranty 10-year structural, 5-year drive and control components. Codes and standards ˈʿʦʪʣʦʢˈʿʥʪʣʦʢʼʸʶʩʥʫʤʪ ELECTRONICS AND CONTROLS Solar tracking method Astronomical algorithm with backtracking. TrueCapture™ upgrades available for terrain adaptive backtracking and diffuse tracking mode Control electronics NX tracker controller with inbuilt inclinometer and backup battery Communications Zigbee wireless communications to all tracker rows and weather stations via network control units (NCUs) Nighttime stow Yes Power supply SELF POWERED: ˁˋˣ˥ˢ˩˜˗˘˗ʦʣˢ˥ʩʣˊ Smart Panel AC POWERED: Customer-provided 120-240 VAC circut GENERAL AND MECHANICAL Tracking type Horizontal single-axis, independent row. String voltage 1,500 VDC or 1,000 VDC Typical row size ʪʫʠʬʣˠˢ˗˨˟˘˦ʟ˗˘ˣ˘ˡ˗˜ˡ˚ˢˡˠˢ˗˨˟˘ string length. Drive type Non-backdriving, high accuracy slew gear. Motor type 24 V brushless DC motor Array height Rotation axis elevation ʤʡʦ˧ˢʤʡʫˠʢʧʚʦʕ˧ˢʨʚʤʣʕ Ground coverage ratio (GCR)ʶˢˡЁ˚˨˥˔˕˟˘ʡˇˬˣ˜˖˔˟˥˔ˡ˚˘ʥʫʠʨʣʘʡ Modules supported Mounting options available for virtually all utility-scale crystalline modules, First Solar ˆ˘˥˜˘˦ʩ˔ˡ˗ʹ˜˥˦˧ˆˢ˟˔˥ˆ˘˥˜˘˦ʧʡ Bifacial features High-rise mounting rails, bearing + driveline gaps and round torque tube. Tracking range of motion ˂ˣ˧˜ˢˡ˦˙ˢ˥̃ʩʣ̂ˢ˥̃ʨʣ̂ Operating temperature range SELF POWERED:ʠʦʣ̂ʶ˧ˢʨʨ̂ʶʛʠʥʥ̂ʹ˧ˢʤʦʤ̂ʹʜ AC POWERED:ʠʧʣ̂ʶ˧ˢʨʨ̂ʶʛʠʧʣ̂ʹ˧ˢʤʦʤ̂ʹʜ ˀˢ˗˨˟˘˖ˢˡЁ˚˨˥˔˧˜ˢˡ 1 in portrait. 3 x 1,500 V or 4 x 1,000 V strings per standard tracker. Partial length trackers available. Module attachment Self-grounding, electric tool-actuated fasteners. Materials Galvanized steel Allowable wind speed ʶˢˡЁ˚˨˥˔˕˟˘˨ˣ˧ˢʥʥʨ˞ˣ˛ʛʤʧʣˠˣ˛ʜ 3-second gust Wind protection Intelligent wind stowing with symmetric dampers for maximum array stability in all wind conditions Foundations ˆ˧˔ˡ˗˔˥˗ˊʩ˦˘˖˧˜ˢˡ˙ˢ˨ˡ˗˔˧˜ˢˡˣˢ˦˧˦ © Nextracker Inc. Contents subject to change without notice. 6200 Paseo Padre Parkway | Fremont, CA 94555 | USA | +1 510 270 2500 | nextracker.com Nextracker NX Horizon MKT-000060-C Technical Data 100/125kW, 1500Vdc String Inverters for North America The 100 & 125kW high power CPS three phase string inverters are designed for ground mount applications. The units are high performance, advanced and reliable inverters designed specifically for the North American environment and grid. High efficiency at 99.1% peak and 98.5% CEC, wide operating voltages, broad temperature ranges and a NEMA Type 4X enclosure enable this inverter platform to operate at high performance across many applications. The CPS 100/125kW products ship with the Standard or Centralized Wire-box, each fully integrated and separable with AC and DC disconnect switches. The Standard Wire-box includes touch safe fusing for up to 20 strings. The CPS FlexOM Gateway enables communication, controls and remote product upgrades. NFPA 70, NEC 2014 and 2017 compliant Touch safe DC Fuse holders adds convenience and safety CPS FlexOM Gateway enables remote FW upgrades Integrated AC & DC disconnect switches 1 MPPT with 20 fused inputs for maximum flexibility Copper and Aluminum compatible AC connections Key Features Datasheet CPS SCH100/125KTL-DO/US-600 100/125KTL Centralized Wire-box CHINT POWER SYSTEMS AMERICA 2021/10-MKT NA Chint Power Systems America 6800 Koll Center Parkway, Suite 235 Pleasanton, CA 94566 Tel: 855-584-7168 Mail: AmericaSales@chintpower.com Web: www.chintpowersystems.com NEMA Type 4X outdoor rated, tough tested enclosure Advanced Smart-Grid features (CA Rule 21 certified) kVA Headroom yields 100kW @ 0.9PF and 125kW @ 0.95PF Generous 1.87 and 1.5 DC/AC Inverter Load Ratios Separable wire-box design for fast service Standard 5 year warranty with extensions to 20 years 100/125KTL Standard Wire-box Technical Data Model Name CPS SCH100KTL-DO/US-600 CPS SCH125KTL-DO/US-600 Max. PV Power Max. DC Input Voltage Operating DC Input Voltage Range Start-up DC Input Voltage / Power Number of MPP Trackers MPPT Voltage Range1 Max. PV Input Current (Isc x1.25) Number of DC Inputs DC Disconnection Type DC Surge Protection Rated AC Output Power 100kW 125kW Max. AC Output Power2 100kVA (111KVA @ PF>0.9) 125kVA (132KVA @ PF>0.95) Rated Output Voltage Output Voltage Range3 Grid Connection Type4 Max. AC Output Current @600Vac 96.2/106.8A 120.3/127.0A Rated Output Frequency Output Frequency Range3 Power Factor >0.99 (±0.8 adjustable) >0.99 (±0.8 adjustable) Current THD Max. Fault Current Contribution (1-cycle RMS) Max. OCPD Rating AC Disconnection Type AC Surge Protection Topology Max. Efficiency CEC Efficiency Stand-by / Night Consumption Enclosure Protection Degree Cooling Method Operating Temperature Range Non-Operating Temperature Range5 Operating Humidity Operating Altitude Audible Noise User Interface and Display Inverter Monitoring Site Level Monitoring Modbus Data Mapping Remote Diagnostics / FW Upgrade Functions Dimensions (WxHxD) Weight Mounting / Installation Angle AC Termination DC Termination Fused String Inputs Safety and EMC Standard Selectable Grid Standard Smart-Grid Features Standard6 Extended Terms 1) See user manual for further information regarding MPPT Voltage Range when operating at non-unity PF 2) "Max. AC Apparent Power" rating valid within MPPT voltage range and temperature range of -30°C to +40°C (-22°F to +104°F) for 100KW PF >0.9 and 125KW PF >0.95 3) The "Output Voltage Range" and "Output Frequency Range" may differ according to the specific grid standard. 4) Wye neutral-grounded, Delta may not be corner-grounded. 5) See user manual for further requirements regarding non-operating conditions. 6) 5 year warranty effective for units purchased after October 1st, 2019. 187.5kW 275A UL1741-SA-2016, CSA-C22.2 NO.107.1-01, IEEE1547a-2014; FCC PART15 Warranty 45.28x24.25x9.84in (1150x616x250mm) with Standard Wire-box 39.37x24.25x9.84in (1000x616x250mm) with Centralized Wire-box Inverter: 121lbs / 55kg; Wire-box: 55lbs / 25kg (Standard Wire-box); 33lbs / 15kg (Centralized Wire-box) Screw Clamp Fuse Holder (Wire range: #12 - #6AWG CU) - Standard Wire-box Busbar, M10 Bolts (Wire range: #1AWG - 500kcmil CU/AL [1 termination per pole], #1AWG - 300kcmil CU/AL [2 terminations per pole], Lugs not supplied) - Centralized Wire-box 20A fuses provided (Fuse values up to 30A acceptable) Display and Communication Mechanical M10 Stud Type Terminal [3ĭ] (Wire range:1/0AWG - 500kcmil CU/AL, Lugs not supplied) Screw Clamp Terminal Block [N] (#12 - 1/0AWG CU/AL) -40°F to +158°F / -40°C to +70°C maximum <3% Load-rated AC switch Transformerless 99.1% Load-rated DC switch Type II MOV (with indicator/remote signaling), Up=2.5kV, In=20kA (8/20uS) 10, 15 and 20 years 5 years Safety IEEE 1547a-2014, CA Rule 21, ISO-NE Volt-RideThru, Freq-RideThru, Ramp-Rate, Specified-PF, Volt-VAr, Freq-Watt, Volt-Watt -22°F to +140°F / -30°C to +60°C (derating from +108°F / +42°C) AC Output System Environment <4W 60Hz 57-63Hz Type II MOV (with indicator/remote signaling), Up=2.5kV, In=20kA (8/20uS) 600Vac 528-660Vac 3ĭ / PE / N (Neutral optional) 98.5% NEMA Type 4X Variable speed cooling fans 41.47A 200A 20 PV source circuits, pos. & neg. fused (Standard Wire-box) 1 PV output circuit, 1-2 terminations per pole, non-fused (Centralized Wire-box) DC Input 15 - 90 degrees from horizontal (vertical or angled) 1500V 860-1450Vdc 900V / 250W 1 LED Indicators, WiFi + APP 870-1300Vdc <65dBA@1m and 25°C CPS FlexOM Gateway (1 per 32 inverters) SunSpec/CPS Standard / (with FlexOM Gateway) Modbus RS485 8202ft / 2500m (no derating) 0-100%                   Operations & Maintenance ("O&M") Plan [TPE IL KE105 LLC] O&M Plan / O&M Practices and Services The O&M plan is structured to both maximize system performance and meet all permitting requirements. Regional O&M staff and seasonal staff will be assigned to perform: 1. Preventative maintenance, 2. Corrective maintenance, and 3. Support of monitoring and asset management services. A summary scope of work for each is as follows: Preventative Maintenance Industry standard of care to ensure and maintain solar production levels Regular maintenance on project components per manufacturer recommendations and industry best practices and standards of care Module cleanings are not expected given the average monthly rainfall in the area. If cleaning is required, modules will be cleaned to ensure project performance. Vegetation abatement as required to ensure project performance Primary component inspection on an annual basis (panels, inverter, high voltage equipment) o Array & balance of system inspection o Module visual inspection o Data Acquisition System (DAS) & Meteorological (MET) station inspection o Inverter full inspection o High voltage equipment inspections Mechanical & electrical maintenance on an annual basis including inverter maintenance per manufacturer warranty requirements and standards of care Yearly inspection and maintenance as needed for roads, storm water, and other site civil features Corrective Maintenance Remote problem diagnosis & qualification via the project SCADA system On-site technician dispatch: Trained, qualified and insured service techs utilized for rapid response Warranty submittal/claims notification, tracking of replacement parts’ arrival/storage/ installation, etc. Maintenance ticket updates and closure identifying root cause/problem resolution reporting to owner Monitoring Remote equipment monitoring (24x7x365) via SCADA system Remote dispatch per customer/owner requirements Ticketing: Create and dispatch automated ticketing with issue resolution notifications and root cause reporting Problem tracking and ensured resolution reporting included within monthly report Identify potential and actual underperformance issues; recommend remedies Customized data analysis and alerts for customer: o Collection and hosting of system monitoring data o Owner access to online portal monitoring and production with weather data o Operator to host site communication and fees for monitoring Monitoring and asset management services are provided by the late-stage development company’s remote operation center and central services staff. Plan and Timeline for Responding to Loss of Major Plant Components O&M personnel will be notified of any loss of major plant component or related failures by the 7x24 remote operations center. This center will dispatch onsite technicians for system critical failures (inverter, transformer, or tracker motor failure). The plan for such losses is to: Remove and replace the failed equipment with spare parts, nearby parts in inventory or emergency delivery of parts from manufacturer as rapidly as possible. Diagnose reason for failure. Work with general contractor and/or manufacturers for any warranty or related claims. Compliance with Prudent Utility Practices All O&M practices follow Prudent Utility Practices with the utmost focus on safety. As a part of all O&M contracts with vendors, contractors, and sub-contractors, our team will ensure that these companies are responsible for the safe performance of work and for the safety of its, and its subcontractors’, employees, representatives, agents and invitees of contractor or its subcontractors at and around the project site, or any other person who enters the project site for any purpose. To facilitate this, all contractors must provide a safety plan whereby contractor maintains responsibility for maintaining all safety precautions and measures for areas on and around the project site. As part of this safety plan, contractor must provide a safe working environment at the project site during the performance of the work, and shall, among other requirements, seek to minimize the number of safety-related incidents during the performance of the work (with both TPE’s and contractor’s mutual objective of zero lost time accidents). Such safety plan shall include requirements for the safety prequalification of each subcontractor and a drug and alcohol program (which shall include a drug testing policy). Furthermore, the safety plan shall meet the requirements of applicable laws and applicable standards. After the commencement of work, TPE and contractor shall periodically review safety compliance, particularly in light of any injuries or near-miss incidents that may arise through the performance of the work and cooperate jointly to develop necessary changes to the safety plan in light of such circumstances, if any. The safety plan shall apply to all individuals accessing the project site and performing work on the project. As part of the safety plan, a safety representative will be identified with the necessary qualifications and experience to supervise the implementation of, and monitoring of compliance with, the safety plan. The safety representative shall make routine inspections of the project site and shall hold regular safety meetings with contractor’s personnel, subcontractors and others. Each staff member undergoes personal background checks, qualifies as possessing safety and related solar skills training required, or shall gain this training from an approved O&M training program prior to starting work on the job site. The contractor shall make the site safety plan available to local authorities having jurisdiction/permitting authorities (AHJs) during the construction process, upon request. The safety plan should include provisions for the management of site access, traffic management, road maintenance, and site security. Emergency Response The site owner shall provide an emergency response plan to the AHJs prior to commercial operation of the facility, if required by the local AHJs. The site owner shall provide an education training session to county representatives and first responders prior to commercial operation of the facility, if required by the local AHJs. The site owner shall provide a means and procedure for site access in coordination with the local AHJs. Equipment Manufacturer Recommendations The O&M plan referenced above complies with or exceeds all standard utility-scale PV equipment manufacturer recommendations. We can provide copies of all major equipment O&M recommendations prior to formal procurement as needed. Mowing and Weed Management A comprehensive vegetation management plan shall be implemented and followed for the duration of the project life. A mowing schedule shall be established based on the plant species in the seed mix that is properly timed to balance avoiding the disturbance of wildlife and native vegetation with the need to avoid the establishment of weeds. Vegetation underneath and between the solar panels should be well maintained in the defined lease area to keep vegetation below the low edge of the solar panels at maximum tilt angle. Management should comply with any local ordinances or conditions of approval. Mowing and weed whacking schedules will be adjusted from time to time to allow for flexibility based on rainfall and vegetation growth. Chemical control shall be used in accordance with the Illinois noxious weed regulations. Buffer Management Vegetative Buffers should be inspected during maintenance visits to ensure compliance with local ordinances or conditions of approval. Tree health and growth should be assessed and promoted to ensure compliance with local ordinances. Warranties All warranties are managed and handled at the project company level and are the responsibility of the late-stage development company that will operate and own the project over its useful life. Manufacturers of major equipment including modules, inverters, racking and transformers provide equipment warranties for the life of their products. Outage Schedules All planned shutdown of equipment for routine maintenance will be planned and coordinated with the local utility. When possible, these outages will occur in non-solar producing hours (nighttime). As such, no planned outages are scheduled. Spare Parts As part of the installation of the project, spare parts may be procured and stored with the O&M service provider for faster access to parts when necessary. This may include spare modules, inverters, parts, tracker components, fuses, wire and related inventory. Additionally, along with the warranty of the equipment, we expect to gain committed response intervals from manufacturers to address equipment replacement requirements. Spare parts will not be stored on site, rather, they will be stored off site in the O&M provider’s facilities. Start-up / Ramp-up Requirements / Times The PV solar plant starts up as the sun rises in the morning and ramps down as the sun sets in the evening. We can provide specific historical times for the location of our solar array as a means of working to optimize this generation asset.                  TPE IL KE105, LLC©TRANSPORTATIONAND ACCESS PLANNORTH                  Project Number: ICC Part 466 Interconnection Facilities Study Agreement Fixed Cost Option / 30 Day Completion This agreement ("Agreement") is made and entered into this 10th day of November 2022 by and between TPE IL KE105, LLC ("interconnection customer"), as a Limited Liability Company organized and existing under the laws of the State of Delaware, and Commonwealth Edison Company ("Electric Distribution Company" (EDC)), a Corporation existing under the laws of the State of Illinois. Interconnection customer and EDC each may be referred to as a "Party", or collectively as the "Parties". Recitals: Whereas, interconnection customer is proposing to develop a distributed energy resources or modifying an existing distributed energy resources consistent with the interconnection request application form completed by interconnection customer on; 7/29/2022 ; and Whereas, interconnection customer desires to interconnect the distributed energy resources with EDC's electric distribution system; and Whereas, EDC has completed an interconnection system impact study and provided the results of said study to interconnection customer (unless proceeding directly from Level 1, 2 or 3 review); and Whereas, interconnection customer has requested EDC to perform an interconnection facilities study to specify and estimate the cost of the equipment, engineering, procurement and construction work needed to interconnect the distributed energy resources; Now, therefore, in consideration of and subject to the mutual covenants contained in this Agreement, the Parties agree as follows: 1. All terms defined in Section 466.20 of the Illinois Distributed Generation Interconnection Standard shall have the meanings indicated in that Section when used in this Agreement. 2. Interconnection customer elects and EDC shall cause an interconnection facilities study consistent with Section 466.120 of the Illinois Distributed Generation Interconnection Standard. 3. The scope of the interconnection facilities study shall be determined by the information provided in Attachment A to this Agreement. 4. An interconnection facilities study report (1) shall provide a description, estimated cost of distribution upgrades, and a schedule for required facilities to interconnect the distributed energy resources to EDC's electric distribution system; and (2) shall address all issues identified in the interconnection system impact study (or identified in this study if the system impact study is combined herein). 5. Notwithstanding anything to the contrary in Appendix G to Part 466 of the Illinois Administrative Code, the interconnection facilities study shall be completed and the results shall be transmitted to the Project Number: interconnection customer within 30 business days after this Agreement has been signed by the Parties or the study fee of $10,000 pursuant to item 6 of this Agreement has been received by the EDC, whichever is later. The study will not commence until the study fee has been received by the EDC. 6. Notwithstanding anything to the contrary in Appendix G to part 466 of the Illinois Administrative Code, the interconnection customer and the EDC agree the cost of the interconnection facilities study shall be $10,000 regardless of the time and materials actually required for the conduct of the study and the interconnection customer will not be invoiced or otherwise provided actual costs of the study. In witness whereof, the Parties have caused this Agreement to be duly executed by their duly authorized officers or agents on the day and year first above written. Project Name: TPE IL KE105, LLC Interconnection Customer TPE Development, LLC Signed: Name (Printed):James Marshall Title:EVP, Project Operations Commonwealth Edison Company Signed: Name (Printed): Title: : TPE IL KE105, LLC on CuCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCstomer TPE E EEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEE DeDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDveeeeeeeeeeeeeeeeeeeeeeeeeelololololooooolololooloololllllllolooololollololllololololooooolllollllooooooolollolololollololoololollllloloooooooooooopmpmpmpmpmmpmpmmmmmmmmmmpmpmpmpmpmmpmpmmmpmmmpmpmmpmpmpmmpmpmpmmmpmpmmpmpmpmmpmmmpmpmmmmmpmpmmpmmpmpmmmmpmppppmmmmmpmpmmpmpmppppppmmpmmpmpppmppmpmmppppmpmmmpppppmmmppppmpmppppppppmpppppppppppp James Marshall Project Number: Attachment A to Interconnection Facilities Study Agreement Minimum Information That Interconnection Customer Must Provide with the Interconnection Facilities Study Agreement. Provide location plan and simplified one-line diagram of the distributed generation facilities. See provided location plan and simplified one-line diagram provided with the application. For staged projects, please indicate size and location of planned additional future generation. N/A On the one-line diagram, indicate the generation capacity attached at each metering location. (Maximum load on CT/PT). See one-line diagram. On the one-line diagram, indicate the location of auxiliary power. (Minimum load on CT/PT) Amps. One set of metering is required for each generation connection to the EDC's electric distribution system. Number of generation connections: 1 Will an alternate source of auxiliary power be available during CT/PT maintenance? ܆Yes N/A ܈No N/A Will a transfer bus on the generation side of the metering require that each meter set be designed for the total distributed generation capacity? ܆Yes N/A ܈No N/A (Please indicate on the one-line diagram). What type of control system or PLC will be located at the distributed energy resources? To be determined in final design What protocol does the control system or PLC use? DNP3 or ICCP. To be confirmed in final design. Please provide a scale drawing of the site. Indicate the point of common coupling, distribution line, and property lines. Number of third party easements required for EDC's interconnection facilities: 1 (project landowner) Project Number: To be completed in coordination with EDC. Is the distributed energy resources located in EDC's service area? ܆Yes ܆No If No, please provide name of local provider: Please provide the following proposed schedule dates: Begin construction date: Generator step-up transformers receive back feed power date: Generation testing date: Commercial operation date: (Source: Amended at 41 Ill. Reg. 862, effective January 20, 2017) ComEd Amended – Fixed Cost Option and 30 Day Completion – July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Receptor Annual Green Glare Annual Yellow Glare min hr min hr Route 1 0 0.0 0 0.0 Route 2 0 0.0 0 0.0 Route 3 0 0.0 0 0.0 Route 4 0 0.0 0 0.0 OP 1 0 0.0 0 0.0 OP 2 0 0.0 0 0.0 OP 3 0 0.0 0 0.0 OP 4 0 0.0 0 0.0 OP 5 0 0.0 0 0.0 OP 6 0 0.0 0 0.0 OP 7 0 0.0 0 0.0 OP 8 0 0.0 0 0.0 OP 9 0 0.0 0 0.0 OP 10 0 0.0 0 0.0 OP 11 0 0.0 0 0.0 Project: ILKE105 Site configuration: 5DEG RESTING 15FT OP Created 19 Jul, 2022 Updated 23 Nov, 2022 Time-step 1 minute Timezone offset UTC-6 Site ID 72718.12803 Category 1 MW to 5 MW DNI peaks at 1,000.0 W/m^2 Ocular transmission coefficient 0.5 Pupil diameter 0.002 m Eye focal length 0.017 m Sun subtended angle 9.3 mrad Methodology V2 Page 1 of 12 Receptor Annual Green Glare Annual Yellow Glare min hr min hr OP 12 0 0.0 0 0.0 OP 13 0 0.0 0 0.0 OP 14 0 0.0 0 0.0 OP 15 0 0.0 0 0.0 OP 16 0 0.0 0 0.0 OP 17 0 0.0 0 0.0 OP 18 0 0.0 0 0.0 OP 19 0 0.0 0 0.0 OP 20 0 0.0 0 0.0 OP 21 0 0.0 0 0.0 OP 22 0 0.0 0 0.0 OP 23 0 0.0 0 0.0 OP 24 0 0.0 0 0.0 Page 2 of 12 Component Data PV Arrays Name: PV array 1 Axis tracking: Single-axis rotation Backtracking: Shade-slope Tracking axis orientation: 180.0° Max tracking angle: 60.0° Resting angle: 5.0° Ground Coverage Ratio: 0.35 Rated power: - Panel material: Smooth glass with AR coating Reflectivity: Vary with sun Slope error: correlate with material Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.690869 -88.425208 651.93 5.00 656.93 2 41.689363 -88.425487 651.19 5.00 656.19 3 41.689251 -88.424050 648.16 5.00 653.16 4 41.689779 -88.423063 646.02 5.00 651.02 5 41.689811 -88.422333 643.48 5.00 648.48 6 41.689555 -88.422011 645.99 5.00 650.99 7 41.689219 -88.422011 646.28 5.00 651.28 8 41.689347 -88.420337 644.39 5.00 649.39 9 41.689859 -88.417999 647.33 5.00 652.33 10 41.689924 -88.417773 647.06 5.00 652.06 11 41.691310 -88.417966 651.67 5.00 656.67 12 41.690861 -88.423129 651.16 5.00 656.16 Page 3 of 12 Route Receptors Name: Route 1 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.682920 -88.446207 642.93 15.00 657.93 2 41.691893 -88.406124 654.01 15.00 669.01 3 41.693480 -88.398979 654.38 15.00 669.38 4 41.693480 -88.398979 654.38 15.00 669.38 5 41.695066 -88.391833 656.91 15.00 671.91 Name: Route 2 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.682428 -88.431942 636.65 5.00 641.65 2 41.683422 -88.430912 637.98 5.00 642.98 3 41.685730 -88.428080 641.29 5.00 646.29 4 41.687495 -88.427751 647.46 5.00 652.46 5 41.689057 -88.427386 650.92 5.00 655.92 6 41.689842 -88.427011 651.41 5.00 656.41 7 41.690587 -88.426270 652.62 5.00 657.62 8 41.691797 -88.424876 652.53 5.00 657.53 9 41.692758 -88.423824 652.67 5.00 657.67 10 41.693200 -88.423498 652.98 5.00 657.98 11 41.693897 -88.423240 653.59 5.00 658.59 12 41.694502 -88.423069 653.23 5.00 658.23 13 41.695865 -88.422708 652.95 5.00 657.95 14 41.698173 -88.422096 650.46 5.00 655.46 15 41.698790 -88.421882 652.14 5.00 657.14 16 41.699799 -88.421442 655.28 5.00 660.28 Page 4 of 12 Name: Route 3 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.705435 -88.446435 648.95 5.00 653.95 2 41.703641 -88.437552 661.72 5.00 666.72 3 41.703417 -88.435921 661.97 5.00 666.97 4 41.702744 -88.432488 655.99 5.00 660.99 5 41.702455 -88.431072 653.47 5.00 658.47 6 41.701783 -88.428454 653.08 5.00 658.08 7 41.700725 -88.424463 656.28 5.00 661.28 8 41.698098 -88.415751 654.62 5.00 659.62 9 41.697495 -88.413582 650.60 5.00 655.60 10 41.697335 -88.412895 650.60 5.00 655.60 11 41.697271 -88.412208 650.64 5.00 655.64 12 41.697399 -88.411307 649.92 5.00 654.92 13 41.697816 -88.409612 650.78 5.00 655.78 14 41.698284 -88.407812 651.75 5.00 656.75 15 41.698621 -88.407169 652.08 5.00 657.08 16 41.699486 -88.406053 652.95 5.00 657.95 Page 5 of 12 Name: Route 4 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.698235 -88.408026 650.75 5.00 655.75 2 41.695775 -88.407457 650.50 5.00 655.50 3 41.691934 -88.406189 654.70 5.00 659.70 4 41.684900 -88.405409 652.70 5.00 657.70 5 41.684504 -88.405483 650.45 5.00 655.45 6 41.681810 -88.407172 643.12 5.00 648.12 7 41.681105 -88.407880 646.99 5.00 651.99 8 41.679661 -88.410931 643.21 5.00 648.21 9 41.679948 -88.411044 641.54 5.00 646.54 10 41.681506 -88.412726 638.87 5.00 643.87 11 41.681929 -88.413267 640.35 5.00 645.35 12 41.682906 -88.414828 643.37 5.00 648.37 13 41.683499 -88.415783 645.27 5.00 650.27 14 41.683924 -88.416512 645.42 5.00 650.42 15 41.684308 -88.417371 646.46 5.00 651.46 16 41.684726 -88.418939 647.33 5.00 652.33 17 41.685191 -88.423069 648.11 5.00 653.11 18 41.685511 -88.425505 645.00 5.00 650.00 19 41.685744 -88.428091 641.14 5.00 646.14 Page 6 of 12 Discrete Observation Point Receptors Name ID Latitude (°) Longitude (°) Elevation (ft) Height (ft) OP 1 1 41.689593 -88.426598 653.83 15.00 OP 2 2 41.690274 -88.427124 650.39 15.00 OP 3 3 41.690683 -88.426749 652.83 15.00 OP 4 4 41.689585 -88.427607 651.02 15.00 OP 5 5 41.691838 -88.424200 653.71 15.00 OP 6 6 41.692535 -88.412605 648.98 15.00 OP 7 7 41.693112 -88.413367 651.61 15.00 OP 8 8 41.691334 -88.406589 649.44 15.00 OP 9 9 41.689003 -88.406571 644.33 15.00 OP 10 10 41.688319 -88.410659 650.43 15.00 OP 11 11 41.688202 -88.411983 649.36 15.00 OP 12 12 41.687765 -88.413770 647.19 15.00 OP 13 13 41.686425 -88.415082 647.15 15.00 OP 14 14 41.685614 -88.416637 647.73 15.00 OP 15 15 41.684815 -88.417612 647.73 15.00 OP 16 16 41.685316 -88.421203 641.64 15.00 OP 17 17 41.685801 -88.421879 638.44 15.00 OP 18 18 41.687796 -88.423005 648.44 15.00 OP 19 19 41.688266 -88.423772 645.47 15.00 OP 20 20 41.687513 -88.424180 648.47 15.00 OP 21 21 41.687144 -88.425875 645.25 15.00 OP 22 22 41.686865 -88.427138 645.21 15.00 OP 23 23 41.688757 -88.426838 650.72 15.00 OP 24 24 41.688340 -88.427299 650.47 15.00 Page 7 of 12 Glare Analysis Results Summary of Results No glare predicted PV Array Tilt Orient Annual Green Glare Annual Yellow Glare Energy ° ° min hr min hr kWh PV array 1 SA tracking SA tracking 0 0.0 0 0.0 - Total annual glare received by each receptor; may include duplicate times of glare from multiple reflective surfaces. Receptor Annual Green Glare Annual Yellow Glare min hr min hr Route 1 0 0.0 0 0.0 Route 2 0 0.0 0 0.0 Route 3 0 0.0 0 0.0 Route 4 0 0.0 0 0.0 OP 1 0 0.0 0 0.0 OP 2 0 0.0 0 0.0 OP 3 0 0.0 0 0.0 OP 4 0 0.0 0 0.0 OP 5 0 0.0 0 0.0 OP 6 0 0.0 0 0.0 OP 7 0 0.0 0 0.0 OP 8 0 0.0 0 0.0 OP 9 0 0.0 0 0.0 OP 10 0 0.0 0 0.0 OP 11 0 0.0 0 0.0 OP 12 0 0.0 0 0.0 OP 13 0 0.0 0 0.0 OP 14 0 0.0 0 0.0 OP 15 0 0.0 0 0.0 OP 16 0 0.0 0 0.0 OP 17 0 0.0 0 0.0 OP 18 0 0.0 0 0.0 OP 19 0 0.0 0 0.0 OP 20 0 0.0 0 0.0 OP 21 0 0.0 0 0.0 OP 22 0 0.0 0 0.0 OP 23 0 0.0 0 0.0 OP 24 0 0.0 0 0.0 Page 8 of 12 PV: PV array 1 no glare found Receptor results ordered by category of glare Receptor Annual Green Glare Annual Yellow Glare min hr min hr Route 1 0 0.0 0 0.0 Route 2 0 0.0 0 0.0 Route 3 0 0.0 0 0.0 Route 4 0 0.0 0 0.0 OP 1 0 0.0 0 0.0 OP 2 0 0.0 0 0.0 OP 3 0 0.0 0 0.0 OP 4 0 0.0 0 0.0 OP 5 0 0.0 0 0.0 OP 6 0 0.0 0 0.0 OP 7 0 0.0 0 0.0 OP 8 0 0.0 0 0.0 OP 9 0 0.0 0 0.0 OP 10 0 0.0 0 0.0 OP 11 0 0.0 0 0.0 OP 12 0 0.0 0 0.0 OP 13 0 0.0 0 0.0 OP 14 0 0.0 0 0.0 OP 15 0 0.0 0 0.0 OP 16 0 0.0 0 0.0 OP 17 0 0.0 0 0.0 OP 18 0 0.0 0 0.0 OP 19 0 0.0 0 0.0 OP 20 0 0.0 0 0.0 OP 21 0 0.0 0 0.0 OP 22 0 0.0 0 0.0 OP 23 0 0.0 0 0.0 OP 24 0 0.0 0 0.0 PV array 1 and Route 1 Receptor type: Route No glare found PV array 1 and Route 2 Receptor type: Route No glare found Page 9 of 12 PV array 1 and Route 3 Receptor type: Route No glare found PV array 1 and Route 4 Receptor type: Route No glare found PV array 1 and OP 1 Receptor type: Observation Point No glare found PV array 1 and OP 2 Receptor type: Observation Point No glare found PV array 1 and OP 3 Receptor type: Observation Point No glare found PV array 1 and OP 4 Receptor type: Observation Point No glare found PV array 1 and OP 5 Receptor type: Observation Point No glare found PV array 1 and OP 6 Receptor type: Observation Point No glare found PV array 1 and OP 7 Receptor type: Observation Point No glare found PV array 1 and OP 8 Receptor type: Observation Point No glare found PV array 1 and OP 9 Receptor type: Observation Point No glare found PV array 1 and OP 10 Receptor type: Observation Point No glare found PV array 1 and OP 11 Receptor type: Observation Point No glare found PV array 1 and OP 12 Receptor type: Observation Point No glare found PV array 1 and OP 13 Receptor type: Observation Point No glare found PV array 1 and OP 14 Receptor type: Observation Point No glare found PV array 1 and OP 15 Receptor type: Observation Point No glare found PV array 1 and OP 16 Receptor type: Observation Point No glare found PV array 1 and OP 17 Receptor type: Observation Point No glare found PV array 1 and OP 18 Receptor type: Observation Point No glare found Page 10 of 12 PV array 1 and OP 19 Receptor type: Observation Point No glare found PV array 1 and OP 20 Receptor type: Observation Point No glare found PV array 1 and OP 21 Receptor type: Observation Point No glare found PV array 1 and OP 22 Receptor type: Observation Point No glare found PV array 1 and OP 23 Receptor type: Observation Point No glare found PV array 1 and OP 24 Receptor type: Observation Point No glare found Page 11 of 12 Assumptions Default glare analysis parameters and observer eye characteristics (for reference only): • Analysis time interval: 1 minute • Ocular transmission coefficient: 0.5 • Pupil diameter: 0.002 meters • Eye focal length: 0.017 meters • Sun subtended angle: 9.3 milliradians 2016 © Sims Industries d/b/a ForgeSolar, All Rights Reserved. "Green" glare is glare with low potential to cause an after-image (flash blindness) when observed prior to a typical blink response time. "Yellow" glare is glare with potential to cause an after-image (flash blindness) when observed prior to a typical blink response time. Times associated with glare are denoted in Standard time. For Daylight Savings, add one hour. The algorithm does not rigorously represent the detailed geometry of a system; detailed features such as gaps between modules, variable height of the PV array, and support structures may impact actual glare results. However, we have validated our models against several systems, including a PV array causing glare to the air-traffic control tower at Manchester-Boston Regional Airport and several sites in Albuquerque, and the tool accurately predicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to algorithm limitations. This may affect results for large PV footprints. Additional analyses of array sub-sections can provide additional information on expected glare. This primarily affects V1 analyses of path receptors. Random number computations are utilized by various steps of the annual hazard analysis algorithm. Predicted minutes of glare can vary between runs as a result. This limitation primarily affects analyses of Observation Point receptors, including ATCTs. Note that the SGHAT/ ForgeSolar methodology has always relied on an analytical, qualitative approach to accurately determine the overall hazard (i.e. green vs. yellow) of expected glare on an annual basis. The analysis does not automatically consider obstacles (either man-made or natural) between the observation points and the prescribed solar installation that may obstruct observed glare, such as trees, hills, buildings, etc. The subtended source angle (glare spot size) is constrained by the PV array footprint size. Partitioning large arrays into smaller sections will reduce the maximum potential subtended angle, potentially impacting results if actual glare spots are larger than the sub-array size. Additional analyses of the combined area of adjacent sub-arrays can provide more information on potential glare hazards. (See previous point on related limitations.) The variable direct normal irradiance (DNI) feature (if selected) scales the user-prescribed peak DNI using a typical clear-day irradiance profile. This profile has a lower DNI in the mornings and evenings and a maximum at solar noon. The scaling uses a clear-day irradiance profile based on a normalized time relative to sunrise, solar noon, and sunset, which are prescribed by a sun-position algorithm and the latitude and longitude obtained from Google maps. The actual DNI on any given day can be affected by cloud cover, atmospheric attenuation, and other environmental factors. The ocular hazard predicted by the tool depends on a number of environmental, optical, and human factors, which can be uncertain. We provide input fields and typical ranges of values for these factors so that the user can vary these parameters to see if they have an impact on the results. The speed of SGHAT allows expedited sensitivity and parametric analyses. The system output calculation is a DNI-based approximation that assumes clear, sunny skies year-round. It should not be used in place of more rigorous modeling methods. Hazard zone boundaries shown in the Glare Hazard plot are an approximation and visual aid based on aggregated research data. Actual ocular impact outcomes encompass a continuous, not discrete, spectrum. Glare locations displayed on receptor plots are approximate. Actual glare-spot locations may differ. Refer to the Help page at www.forgesolar.com/help/ for assumptions and limitations not listed here. Page 12 of 12 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-AGL-16501-OE Page 1 of 3 Issued Date: 08/22/2022 Scott Osborn TPE IL KE105, LLC 3720 S. Dahlia Street Denver, CO 80237 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Solar Panel KE105 Location: Bristol, IL Latitude: 41-41-24.93N NAD 83 Longitude: 88-25-16.77W Heights: 650 feet site elevation (SE) 15 feet above ground level (AGL) 665 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 02/22/2024 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 3 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (816) 329-2525, or natalie.schmalbeck@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- AGL-16501-OE. Signature Control No: 543264302-550719194 ( DNE ) Natalie Schmalbeck Technician Attachment(s) Map(s) Page 3 of 3 Verified Map for ASN 2022-AGL-16501-OE                 WHITE PAPER Health and Safety Impacts of Solar Photovoltaics By Tommy Cleveland May 2017 Contents 1.1 • Project Installation / Construction...................................................................4 1.2 • System Components | 1.2.1 Solar Panels: Construction and Durability........5 1.2.2 • Photovoltaic (PV) Technologies...................................................................7 1.2.3. • Panel End-of-Life Management...............................................................10 1.2.4 • Non-Panel System Components (racking, wiring, inverter, transformer)..12 1.4 • Operations and Maintenance – Panel Washing and Vegetation Control....13 2 • Electromagnetic Fields (EMF)........................................................................14 3 • Electric Shock and Arc Flash Hazards ...........................................................16 4 • Fire Safety.......................................................................................................16 Summary..............................................................................................................17 Health and Safety Impacts of Solar Photovoltaics May 2017 | Version 1 3 The increasing presence of utility-scale solar pho- tovoltaic (PV) systems (sometimes referred to as solar farms) is a rather new development in North Carolina’s landscape. Due to the new and un- known nature of this technology, it is natural for communities near such developments to be con- cerned about health and safety impacts. Unfortu- nately, the quick emergence of utility-scale solar has cultivated fertile grounds for myths and half- truths about the health impacts of this technology, ZKLFKFDQOHDGWRXQQHFHVVDU\IHDUDQGFRQÀLFW Photovoltaic (PV) technologies and solar inverters DUHQRWNQRZQWRSRVHDQ\VLJQL¿FDQWKHDOWKGDQ- gers to their neighbors. The most important dan- JHUVSRVHGDUHLQFUHDVHGKLJKZD\WUDI¿FGXULQJ the relative short construction period and dangers posed to trespassers of contact with high voltage equipment. This latter risk is mitigated by signage and the security measures that industry uses to deter trespassing. As will be discussed in more detail below, risks of site contamination are much less than for most other industrial uses because PV technologies employ few toxic chemicals and those used are used in very small quantities. Due to the reduction in the pollution from fossil-fu- HO¿UHGHOHFWULFJHQHUDWRUVWKHRYHUDOOLPSDFWRI solar development on human health is overwhelm- ingly positive. This pollution reduction results from DSDUWLDOUHSODFHPHQWRIIRVVLOIXHO¿UHGJHQHUDWLRQ by emission-free PV-generated electricity, which reduces harmful sulfur dioxide (SO2), nitrogen ox- LGHV 12[ DQG¿QHSDUWLFXODWHPDWWHU 30  Analysis from the National Renewable Energy Laboratory and the Lawrence Berkeley National /DERUDWRU\ERWKDI¿OLDWHVRIWKH86'HSDUWPHQW of Energy, estimates the health-related air quali- W\EHQH¿WVWRWKHVRXWKHDVWUHJLRQIURPVRODU39 generators to be worth 8.0 ¢ per kilowatt-hour of solar generation.1 This is in addition to the value of the electricity and VXJJHVWVWKDWWKHDLUTXDOLW\EHQH¿WVRIVRODUDUH worth more than the electricity itself. Even though we have only recently seen large- scale installation of PV technologies, the technol- ogy and its potential impacts have been studied since the 1950s. A combination of this solar-spe- FL¿FUHVHDUFKDQGJHQHUDOVFLHQWL¿FUHVHDUFKKDV OHGWRWKHVFLHQWL¿FFRPPXQLW\KDYLQJDJRRGXQ- derstanding of the science behind potential health and safety impacts of solar energy. This paper uti- OL]HVWKHODWHVWVFLHQWL¿FOLWHUDWXUHDQGNQRZOHGJH of solar practices in N.C. to address the health and safety risks associated with solar PV technol- ogy. These risks are extremely small, far less than those associated with common activities such as driving a car, and vastly outweighed by health ben- H¿WVRIWKHJHQHUDWLRQRIFOHDQHOHFWULFLW\ This paper addresses the potential health and safety impacts of solar PV development in North Carolina, organized into the following four catego- ries: (1) Hazardous Materials (2) Electromagnetic Fields (EMF) (3) Electric Shock and Arc Flash (4) Fire Safety 1 • Hazardous Materials One of the more common concerns towards solar is that the panels (referred to as “modules” in the solar industry) consist of toxic materials that en- danger public health. However, as shown in this section, solar energy systems may contain small amounts of toxic materials, but these materials do not endanger public health. To understand poten- tial toxic hazards coming from a solar project, one must understand system installation, materials used, the panel end-of-life protocols, and system operation. This section will examine these aspects of a solar farm and the potential for toxicity im- pacts in the following subsections: (1.2) Project Installation/Construction (1.2) System Components 1.2.1 Solar Panels: Construction and Durability 1.2.2 Photovoltaic technologies (a) Crystalline Silicon (b) Cadmium Telluride (CdTe) (c) CIS/CIGS 1.2.3 Panel End of Life Management 1.2.4 Non-panel System Components (1.3) Operations and Maintenance 1.1 Project Installation/ Construction The system installation, or construction, process does not require toxic chemicals or processes. The site is mechanically cleared of large vegetation, fences are constructed, and the land is surveyed to layout exact installation locations. Trenches for underground wiring are dug and support posts are driven into the ground. The solar panels are bolt- ed to steel and aluminum support structures and wired together. Inverter pads are installed, and an inverter and transformer are installed on each pad. Once everything is connected, the system is tested, and only then turned on. May 2017 | Version 1 4 Figure 1: Utility-scale solar facility (5 MWAC) located in Catawba County. Source: Strata Solar Solar PV panels typically consist of glass, polymer, aluminum, copper, and semiconductor materials that can be recovered and recycled at the end of their useful life.2 Today there are two PV technol- ogies used in PV panels at utility-scale solar facil- LWLHVVLOLFRQDQGWKLQ¿OP$VRIDOOWKLQ¿OP used in North Carolina solar facilities are cadmium telluride (CdTe) panels from the US manufacturer )LUVW6RODUEXWWKHUHDUHRWKHUWKLQ¿OP39SDQHOV available on the market, such as Solar Frontier’s CIGS panels. Crystalline silicon technology con- sists of silicon wafers which are made into cells DQGDVVHPEOHGLQWRSDQHOVWKLQ¿OPWHFKQRORJLHV consist of thin layers of semiconductor material deposited onto glass, polymer or metal substrates. While there are differences in the components and manufacturing processes of these two types of so- lar technologies, many aspects of their PV panel FRQVWUXFWLRQDUHYHU\VLPLODU6SHFL¿FVDERXWHDFK type of PV chemistry as it relates to toxicity are covered in subsections a, b, and c in section 1.2.2; on crystalline silicon, cadmium telluride, and CIS/ CIGS respectively. The rest of this section applies HTXDOO\WRERWKVLOLFRQDQGWKLQ¿OPSDQHOV 1.2 • System Components 1.2.1 Solar Panels: Construction and Durability May 2017 | Version 1 5 To provide decades of corrosion-free operation, PV cells in PV panels are encapsulated from air and moisture between two layers of plastic. The encapsulation layers are protected on the top with a layer of tempered glass and on the backside with a polymer sheet. Frameless modules include a protective layer of glass on the rear of the pan- el, which may also be tempered. The plastic eth- ylene-vinyl acetate (EVA) commonly provides the cell encapsulation. For decades, this same mate- rial has been used between layers of tempered glass to give car windshields and hurricane win- dows their great strength. In the same way that a car windshield cracks but stays intact, the EVA layers in PV panels keep broken panels intact (see Figure 4). Thus, a damaged module does not generally create small pieces of debris; instead, it largely remains together as one piece. May 2017 | Version 1 6 Figure 4: The mangled PV panels in this picture illustrate the nature of broken solar panels; the glass cracks but the panel is still in one piece. Image Source: http://img.alibaba.com/pho- to/115259576/broken_solar_panel.jpg PV panels constructed with the same basic com- ponents as modern panels have been installed across the globe for well over thirty years.3 The long-term durability and performance demonstrat- ed over these decades, as well as the results of accelerated lifetime testing, helped lead to an in- dustrystandard 25-year power production warran- ty for PV panels. These power warranties warrant a PV panel to produce at least 80% of their origi- nal nameplate production after 25 years of use. A recent SolarCity and DNV GL study reported that today’s quality PV panels should be expected to UHOLDEO\DQGHI¿FLHQWO\SURGXFHSRZHUIRUWKLUW\¿YH years.4 Local building codes require all structures, includ- ing ground mounted solar arrays, to be engineered WRZLWKVWDQGDQWLFLSDWHGZLQGVSHHGVDVGH¿QHG by the local wind speed requirements. Many rack- ing products are available in versions engineered for wind speeds of up to 150 miles per hour, which LVVLJQL¿FDQWO\KLJKHUWKDQWKHZLQGVSHHGUHTXLUH- ment anywhere in North Carolina. The strength of PV mounting structures were demonstrated during Hurricane Sandy in 2012 and again during Hurri- cane Matthew in 2016. During Hurricane Sandy, the many large-scale solar facilities in New Jer- sey and New York at that time suffered only minor damage.5 In the fall of 2016, the US and Carib- bean experienced destructive winds and torrential rains from Hurricane Matthew, yet one leading so- lar tracker manufacturer reported that their numer- ous systems in the impacted area received zero GDPDJHIURPZLQGRUÀRRGLQJ6 In the event of a catastrophic event capable of dam- aging solar equipment, such as a tornado, the sys- tem will almost certainly have property insurance May 2017 | Version 1 7 that will cover the cost to cleanup and repair the project. It is in the best interest of the system own- er to protect their investment against such risks. It is also in their interest to get the project repaired and producing full power as soon as possible. Therefore, the investment in adequate insurance is a wise business practice for the system owner. For the same reasons, adequate insurance cover- age is also generally a requirement of the bank or ¿UPSURYLGLQJ¿QDQFLQJIRUWKHSURMHFW 1.2.2 Photovoltaic (PV) Technologies a. Crystalline Silicon This subsection explores the toxicity of sili- con-based PV panels and concludes that they do not pose a material risk of toxicity to public health and safety. Modern crystalline silicon PV panels, which account for over 90% of solar PV panels installed today, are, more or less, a commodity product. The overwhelming majority of panels installed in North Carolina are crystalline silicon SDQHOVWKDWDUHLQIRUPDOO\FODVVL¿HGDV7LHU,SDQ- els. Tier I panels are from well-respected manu- facturers that have a good chance of being able to honor warranty claims. Tier I panels are under- stood to be of high quality, with predictable perfor- mance, durability, and content. Well over 80% (by weight) of the content of a PV panel is the tem- pered glass front and the aluminum frame, both of which are common building materials. Most of the remaining portion are common plastics, including polyethylene terephthalate in the backsheet, EVA encapsulation of the PV cells, polyphenyl ether in the junction box, and polyethylene insulation on the wire leads. The active, working components of the system are the silicon photovoltaic cells, the small electrical leads connecting them togeth- er, and to the wires coming out of the back of the panel. The electricity generating and conducting components makeup less than 5% of the weight of most panels. The PV cell itself is nearly 100% silicon, and silicon is the second most common element in the Earth’s crust. The silicon for PV cells is obtained by high-temperature processing of quartz sand (SiO2) that removes its oxygen PROHFXOHV7KHUH¿QHGVLOLFRQLVFRQYHUWHGWRD PV cell by adding extremely small amounts of bo- ron and phosphorus, both of which are common and of very low toxicity. The other minor components of the PV cell are also generally benign; however, some contain lead, which is a human toxicant that is particularly harmful to young children. The minor components LQFOXGH DQ H[WUHPHO\ WKLQ DQWLUHÀHFWLYH FRDWLQJ (silicon nitride or titanium dioxide), a thin layer of aluminum on the rear, and thin strips of silver alloy that are screen-printed on the front and rear of cell.7 In order for the front and rear electrodes to make effective electrical contact with the proper layer of the PV cell, other materials (called glass frit) are mixed with the silver alloy and then heated to etch the metals into the cell. This glass frit historically contains a small amount of lead (Pb) in the form of lead oxide. The 60 or 72 PV cells in a PV panel are connected by soldering thin solder-covered cop- per tabs from the back of one cell to the front of the next cell. Traditionally a tin-based solder contain- ing some lead (Pb) is used, but some manufactur- ers have switched to lead-free solder. The glass frit and/or the solder may contain trace amounts of other metals, potentially including some with hu- man toxicity such as cadmium. However, testing to simulate the potential for leaching from broken panels, which is discussed in more detail below, GLGQRW¿QGDSRWHQWLDOWR[LFLW\WKUHDWIURPWKHVH trace elements. Therefore, the tiny amount of lead in the grass frit and the solder is the only part of silicon PV panels with a potential to create a neg- ative health impact. However, as described below, the very limited amount of lead involved and its strong physical and chemical attachment to other components of the PV panel means that even in worst-case scenarios the health hazard it poses is LQVLJQL¿FDQW May 2017 | Version 1 8 As with many electronic industries, the solder in sil- icon PV panels has historically been a leadbased solder, often 36% lead, due to the superior prop- erties of such solder. However, recent advances in lead-free solders have spurred a trend among PV panel manufacturers to reduce or remove the lead in their panels. According to the 2015 Solar Scorecard from the Silicon Valley Toxics Coalition, a group that tracks environmental responsibili- ty of photovoltaic panel manufacturers, fourteen companies (increased from twelve companies in  PDQXIDFWXUH39SDQHOVFHUWL¿HGWRPHHWWKH European Restriction of Hazardous Substances (RoHS) standard. This means that the amount of cadmium and lead in the panels they manufacture fall below the RoHS thresholds, which are set by the European Union and serve as the world’s de facto standard for hazardous substances in man- ufactured goods.8 The Restriction of Hazardous Substances (RoHS) standard requires that the maximum concentration found in any homog- enous material in a produce is less than 0.01% cadmium and less than 0.10% lead, therefore, any solder can be no more than 0.10% lead.9 While some manufacturers are producing PV panels that meet the RoHS standard, there is no requirement that they do so because the RoHS Directive explicitly states that the directive does not apply to photovoltaic panels.107KHMXVWL¿FDWLRQ for this is provided in item 17 of the current RoHS Directive: “The development of renewable forms of energy is one of the Union’s key objectives, and the contribution made by renewable energy sources to environmental and climate objectives is crucial. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (4) recalls that there should be coherence between those objectives and other Union envi- ronmental legislation. Consequently, this Directive should not prevent the development of renewable energy technologies that have no negative impact on health and the environment and that are sus- tainable and economically viable.” The use of lead is common in our modern econo- my. However, only about 0.5% of the annual lead consumption in the U.S. is for electronic solder for all uses; PV solder makes up only a tiny portion of this 0.5%. Close to 90% of lead consumption in the US is in batteries, which do not encapsu- late the pounds of lead contained in each typical automotive battery. This puts the lead in batteries at great risk of leaching into the environment. Es- timates for the lead in a single PV panel with lead- based solder range from 1.6 to 24 grams of lead, with 13g (less than half of an ounce) per panel seen most often in the literature.11 At 13 g/panel12, each panel contains one-half of the lead in a typi- cal 12-gauge shotgun shell. This amount equates to roughly 1/750th of the lead in a single car bat- tery. In a panel, it is all durably encapsulated from air or water for the full life of the panel.14 As indicated by their 20 to 30-year power warran- ty, PV modules are designed for a long service life, generally over 25 years. For a panel to comply with its 25-year power warranty, its internal components, including lead, must be sealed from any moisture. Otherwise, they would corrode and the panel’s out- put would fall below power warranty levels. Thus, the lead in operating PV modules is not at risk of release to the environment during their service life- time. In extreme experiments, researchers have shown that lead can leach from crushed or pulver- ized panels.15, 16 However, more real-world tests designed to represent typical trash compaction that are used to classify waste as hazardous or non- hazardous show no danger from leaching.17,18 For more information about PV panel end-of-life, see the Panel Disposal section. As illustrated throughout this section, silicon-based PV panels do not pose a material threat to public health and safety. The only aspect of the panels with potential toxicity concerns is the very small amount of lead in some panels. However, any lead in a panel is well sealed from environmental expo- sure for the operating lifetime of the solar panel and thus not at risk of release into the environment. May 2017 | Version 1 9 b. Cadmium Telluride (CdTe) PV Panels This subsection examines the components of a cadmium telluride (CdTe) PV panel. Research demonstrates that they pose negligible toxicity ULVNWRSXEOLFKHDOWKDQGVDIHW\ZKLOHVLJQL¿FDQW- ly reducing the public’s exposure to cadmium by reducing coal emissions. As of mid-2016, a few hundred MWs of cadmium telluride (CdTe) panels, all manufactured by the U.S. company First Solar, have been installed in North Carolina. Questions about the potential health and environ- mental impacts from the use of this PV technology are related to the concern that these panels con- tain cadmium, a toxic heavy metal. However, sci- HQWL¿FVWXGLHVKDYHVKRZQWKDWFDGPLXPWHOOXULGH differs from cadmium due to its high chemical and thermal stability.19 Research has shown that the tiny amount of cadmium in these panels does not pose a health or safety risk.20 Further, there are very compelling reasons to welcome its adoption due to reductions in unhealthy pollution associat- ed with burning coal. Every GWh of electricity gen- erated by burning coal produces about 4 grams of cadmium air emissions.21 Even though North Car- ROLQDSURGXFHVDVLJQL¿FDQWIUDFWLRQRIRXUHOHF- tricity from coal, electricity from solar offsets much more natural gas than coal due to natural gas plants being able to adjust their rate of production more easily and quickly. If solar electricity offsets 90% natural gas and 10% coal, each 5-megawatt (5 MWAC, which is generally 7 MWDC) CdTe solar facility in North Carolina keeps about 157 grams, or about a third of a pound, of cadmium out of our environment.22, 23 Cadmium is toxic, but all the approximately 7 grams of cadmium in one CdTe panel is in the form of a chemical compound cadmium telluride,24 which has 1/100th the toxicity of free cadmium.25 Cadmium telluride is a very stable compound that is non-volatile and non-soluble in water. Even in WKHFDVHRID¿UHUHVHDUFKVKRZVWKDWOHVVWKDQ 0.1% of the cadmium is released when a CdTe SDQHOLVH[SRVHGWR¿UH7KH¿UHPHOWVWKHJODVV and encapsulates over 99.9% of the cadmium in the molten glass.27 It is important to understand the source of the cad- mium used to manufacture CdTe PV panels. The FDGPLXPLVDE\SURGXFWRI]LQFDQGOHDGUH¿QLQJ The element is collected from emissions and waste streams during the production of these metals and combined with tellurium to create the CdTe used in PV panels. If the cadmium were not collected for use in the PV panels or other products, it would otherwise either be stockpiled for future use, ce- mented and buried, or disposed of.28 Nearly all the cadmium in old or broken panels can be recycled which can eventually serve as the primary source of cadmium for new PV panels.29 Similar to silicon-based PV panels, CdTe panels are constructed of a tempered glass front, one instead of two clear plastic encapsulation layers, and a rear heat strengthened glass backing (to- JHWKHU!E\ZHLJKW 7KH¿QDOSURGXFWLVEXLOW to withstand exposure to the elements without VLJQL¿FDQWGDPDJHIRURYHU\HDUV:KLOHQRW representative of damage that may occur in the ¿HOGRUHYHQDWDODQG¿OOODERUDWRU\HYLGHQFHKDV LOOXVWUDWHGWKDWZKHQSDQHOVDUHJURXQGLQWRD¿QH powder, very acidic water is able to leach portions of the cadmium and tellurium,30 similar to the pro- cess used to recycle CdTe panels. Like many sil- icon-based panels, CdTe panels are reported (as far back ask 199831 to pass the EPA’s Toxic Char- acteristic Leaching Procedure (TCLP) test, which WHVWVWKHSRWHQWLDOIRUFUXVKHGSDQHOVLQDODQG¿OOWR leach hazardous substances into groundwater.32 3DVVLQJWKLVWHVWPHDQVWKDWWKH\DUHFODVVL¿HG as non-hazardous waste and can be deposited in ODQG¿OOV33,34 For more information about PV panel end-of-life, see the Panel Disposal section. There is also concern of environmental impact re- sulting from potential catastrophic events involv- ing CdTe PV panels. An analysis of worst-case scenarios for environmental impact from CdTe PV May 2017 | Version 1 10 SDQHOVLQFOXGLQJHDUWKTXDNHV¿UHVDQGÀRRGV was conducted by the University of Tokyo in 2013. After reviewing the extensive international body of research on CdTe PV technology, their report concluded, “Even in the worst-case scenarios, it is unlikely that the Cd concentrations in air and sea water will exceed the environmental regulation values.”35 In a worst-case scenario of damaged SDQHOV DEDQGRQHG RQ WKH JURXQG LQVLJQL¿FDQW amounts of cadmium will leach from the panels. This is because this scenario is much less condu- cive (larger module pieces, less acidity) to leach- ing than the conditions of the EPA’s TCLP test XVHGWRVLPXODWHODQG¿OOFRQGLWLRQVZKLFK&G7H panels pass.36 )LUVW6RODUD86FRPSDQ\DQGWKHRQO\VLJQL¿- cant supplier of CdTe panels, has a robust panel take-back and recycling program that has been operating commercially since 2005.37 The compa- ny states that it is “committed to providing a com- mercially attractive recycling solution for photovol- taic (PV) power plant and module owners to help them meet their module (end of life) EOL obliga- tion simply, costeffectively and responsibly.” First Solar global recycling services to their custom- ers to collect and recycle panels once they reach the end of productive life whether due to age or damage. These recycling service agreements are VWUXFWXUHGWREH¿QDQFLDOO\DWWUDFWLYHWRERWK)LUVW Solar and the solar panel owner. For First Solar, the contract provides the company with an afford- able source of raw materials needed for new pan- els and presumably a diminished risk of undesired UHOHDVHRI&G7KHFRQWUDFWDOVREHQH¿WVWKHVRODU panel owner by allowing them to avoid tipping fees at a waste disposal site. The legal contract helps provide peace of mind by ensuring compliance by both parties when considering the continuing trend of rising disposal costs and increasing regulatory requirements. c. CIS/CIGS and other PV technologies Copper indium gallium selenide PV technology, of- ten referred to as CIGS, is the second most com- PRQW\SHRIWKLQ¿OP39SDQHOEXWDGLVWDQWVHFRQG behind CdTe. CIGS cells are composed of a thin layer of copper, indium, gallium, and selenium on a glass or plastic backing. None of these elements are very toxic, although selenium is a regulated metal under the Federal Resource Conservation and Recovery Act (RCRA).38 The cells often also KDYHDQH[WUHPHO\WKLQOD\HURIFDGPLXPVXO¿GH that contains a tiny amount of cadmium, which is WR[LF7KHSURPLVHRIKLJKHI¿FLHQF\&,*6SDQ- els drove heavy investment in this technology in the past. However, researchers have struggled WRWUDQVIHUKLJKHI¿FLHQF\VXFFHVVLQWKHODEWR ORZFRVWIXOOVFDOHSDQHOVLQWKH¿HOG39 Recently, a CIGS manufacturer based in Japan, Solar Fron- tier, has achieved some market success with a rig- id, glass-faced CIGS module that competes with silicon panels. Solar Frontier produces the major- ity of CIS panels on the market today.40 Notably, these panels are RoHS compliant,41 thus meeting the rigorous toxicity standard adopted by the Eu- ropean Union even thought this directive exempts PV panels. The authors are unaware of any com- pleted or proposed utility-scale system in North Carolina using CIS/CIGS panels. 1.2.3 Panel End-of-Life Management Concerns about the volume, disposal, toxicity, and recycling of PV panels are addressed in this sub- section. To put the volume of PV waste into per- spective, consider that by 2050, when PV systems installed in 2020 will reach the end of their lives, it is estimated that the global annual PV panel waste tonnage will be 10% of the 2014 global e-waste tonnage.42 In the U.S., end-of-life disposal of so- lar products is governed by the Federal Resource Conservation and Recovery Act (RCRA), as well as state policies in some situations. RCRA sepa- rates waste into hazardous (not accepted at ordi- QDU\ODQG¿OO DQGVROLGZDVWH JHQHUDOO\DFFHSWHG May 2017 | Version 1 11 DWRUGLQDU\ODQG¿OO EDVHGRQDVHULHVRIUXOHV$F- cording to RCRA, the way to determine if a PV SDQHOLVFODVVL¿HGDVKD]DUGRXVZDVWHLVWKH7R[LF Characteristic Leaching Procedure (TCLP) test. 7KLV(3$WHVWLVGHVLJQHGWRVLPXODWHODQG¿OOGLV- posal and determine the risk of hazardous sub- VWDQFHVOHDFKLQJRXWRIWKHODQG¿OO43,44,45 Multiple sources report that most modern PV panels (both crystalline silicon and cadmium telluride) pass the TCLP test.46,47 Some studies found that some older (1990s) crystalline silicon panels, and perhaps some newer crystalline silicon panels VSHFL¿FVDUHQRWJLYHQDERXWYLQWDJHRISDQHOV tested), do not pass the lead (Pb) leachate limits in the TCLP test.48,49 The test begins with the crushing of a panel into centimeter-sized pieces. The pieces are then mixed in an acid bath. After tumbling for eighteen KRXUVWKHÀXLGLVWHVWHGIRUIRUW\KD]DUGRXVVXE- VWDQFHVWKDWDOOPXVWEHEHORZVSHFL¿FWKUHVKROG levels to pass the test. Research comparing TCLP conditions to conditions of damaged panels in the ¿HOGIRXQGWKDWVLPXODWHGODQG¿OOFRQGLWLRQVSUR- vide overly conservative estimates of leaching for ¿HOGGDPDJHGSDQHOV50 Additionally, research in Japan has found no detectable Cd leaching from cracked CdTe panels when exposed to simulated acid rain.51 Although modern panels can generally be land- ¿OOHGWKH\FDQDOVREHUHF\FOHG(YHQWKRXJK recent waste volume has not been adequate WR VXSSRUW VLJQL¿FDQW 39VSHFL¿F UHF\FOLQJ LQ- frastructure, the existing recycling industry in North Carolina reports that it recycles much of the current small volume of broken PV panels. In an informal survey conducted by the NC Clean Energy Technology Center survey in early 2016, seven of the eight large active North Carolina utility-scale solar developers surveyed report- ed that they send damaged panels back to the manufacturer and/or to a local recycler. Only one developer reported sending damaged panels to WKHODQG¿OO The developers reported at that time that they are usually paid a small amount per panel by local re- F\FOLQJ¿UPV,QHDUO\D39GHYHORSHUUH- ported that a local recycler was charging a small fee per panel to recycle damaged PV panels. The ORFDOUHF\FOLQJ¿UPNQRZQWRDXWKRUVWRDFFHSW39 panels described their current PV panel recycling practice as of early 2016 as removing the alumi- num frame for local recycling and removing the wire leads for local copper recycling. The remain- der of the panel is sent to a facility for processing the non-metallic portions of crushed vehicles, re- IHUUHGWRDV³ÀXII´LQWKHUHF\FOLQJLQGXVWU\52 This processing within existing general recycling plants DOORZV IRU VLJQL¿FDQW PDWHULDO UHFRYHU\ RI PDMRU components, including glass which is 80% of the module weight, but at lower yields than PV-spe- FL¿FUHF\FOLQJSODQWV1RWDEO\DOPRVWKDOIRIWKH material value in a PV panel is in the few grams of silver contained in almost every PV panel pro- duced today. In the long-term, dedicated PV panel recycling plants can increase treatment capacities and maximize revenues resulting in better output quality and the ability to recover a greater fraction of the useful materials.5339VSHFL¿FSDQHOUHF\- cling technologies have been researched and im- plemented to some extent for the past decade, and have been shown to be able to recover over 95% of PV material (semiconductor) and over 90% of the glass in a PV panel.54 A look at global PV recycling trends hints at the future possibilities of the practice in our country. Europe installed MW-scale volumes of PV years before the U.S. In 2007, a public-private partner- ship between the European Union and the solar industry set up a voluntary collection and recycling system called PV CYCLE. This arrangement was later made mandatory under the EU’s WEEE di- rective, a program for waste electrical and elec- tronic equipment.55 Its member companies (PV SDQHO SURGXFHUV  IXOO\ ¿QDQFH WKH DVVRFLDWLRQ This makes it possible for end-users to return the member companies’ defective panels for recycling at any of the over 300 collection points around May 2017 | Version 1 12 Europe without added costs. Additionally, PV CYCLE will pick up batches of 40 or more used panels at no cost to the user. This arrangement has been very successful, collecting and recycling over 13,000 tons by the end of 2015.56 In 2012, the WEEE Directive added the end-of-life collection and recycling of PV panels to its scope.57 This directive is based on the principle of extend- ed-producer-responsibility. It has a global impact be- cause producers that want to sell into the EU market are legally responsible for end-of-life management. Starting in 2018, this directive targets that 85% of PV products “put in the market” in Europe are recovered and 80% is prepared for reuse and recycling. The success of the PV panel collection and recycling practices in Europe provides promise for the future of recycling in the U.S. In mid-2016, the US Solar Energy Industry Association (SEIA) announced that they are starting a national solar panel recycling pro- gram with the guidance and support of many leading PV panel producers.58 The program will aggregate the services offered by recycling vendors and PV manufacturers, which will make it easier for consum- ers to select a cost-effective and environmentally re- sponsible end-of-life management solution for their PV products. According to SEIA, they are planning the program in an effort to make the entire industry ODQG¿OOIUHH,QDGGLWLRQWRWKHQDWLRQDOUHF\FOLQJQHW- work program, the program will provide a portal for system owners and consumers with information on how to responsibly recycle their PV systems. While a cautious approach toward the potential for negative environmental and/or health impacts from retired PV panels is fully warranted, this sec- tion has shown that the positive health impacts of reduced emissions from fossil fuel combustion from PV systems more than outweighs any poten- tial risk. Testing shows that silicon and CdTe pan- HOVDUHERWKVDIHWRGLVSRVHRILQODQG¿OOVDQGDUH also safe in worst case conditions of abandonment or damage in a disaster. Additionally, analysis by local engineers has found that the current salvage value of the equipment in a utility scale PV facili- ty generally exceeds general contractor estimates for the cost to remove the entire PV system.59,60,61 1.2.4 Non-Panel System Components (racking, wiring, inverter, transformer) While previous toxicity subsections discussed PV panels, this subsection describes the non-panel components of utility-scale PV systems and inves- tigates any potential public health and safety con- FHUQV7KHPRVWVLJQL¿FDQWQRQSDQHOFRPSRQHQW of a ground-mounted PV system is the mounting structure of the rows of panels, commonly referred to as “racking”. The vertical post portion of the rack- ing is galvanized steel and the remaining above- ground racking components are either galvanized steel or aluminum, which are both extremely com- mon and benign building materials. The inverters that make the solar generated electricity ready to send to the grid have weather-proof steel enclo- sures that protect the working components from WKHHOHPHQWV7KHRQO\ÀXLGVWKDWWKH\PLJKWFRQ- tain are associated with their cooling systems, which are not unlike the cooling system in a com- puter. Many inverters today are RoHS compliant. The electrical transformers (to boost the inverter output voltage to the voltage of the utility connec- tion point) do contain a liquid cooling oil. However, WKHÀXLGXVHGIRUWKDWIXQFWLRQLVHLWKHUDQRQWR[LF mineral oil or a biodegradable non-toxic vegetable oil, such as BIOTEMP from ABB. These vegetable transformer oils have the additional advantage of EHLQJPXFKOHVVÀDPPDEOHWKDQWUDGLWLRQDOPLQ- HUDO RLOV 6LJQL¿FDQW KHDOWK KD]DUGV DUH DVVRFL- ated with old transformers containing cooling oil with toxic PCBs. Transfers with PCB-containing oil were common before PCBs were outlawed in the U.S. in 1979. PCBs still exist in older transformers LQWKH¿HOGDFURVVWKHFRXQWU\ May 2017 | Version 1 13 Other than a few utility research sites, there are no batteries on- or off-site associated with utility-scale solar energy facilities in North Carolina, avoiding any potential health or safety concerns related to battery technologies. However, as battery technol- ogies continue to improve and prices continue to decline we are likely to start seeing some batter- ies at solar facilities. Lithium ion batteries current- ly dominate the world utility-scale battery market, which are not very toxic. No non-panel system components were found to pose any health or en- vironmental dangers. 1.4 Operations and Maintenance – Panel Washing and Vegetation Control Throughout the eastern U.S., the climate provides frequent and heavy enough rain to keep panels adequately clean. This dependable weather pat- tern eliminates the need to wash the panels on a regular basis. Some system owners may choose to wash panels as often as once a year to increase production, but most in N.C. do not regularly wash any PV panels. Dirt build up over time may justify panel washing a few times over the panels’ life- time; however, nothing more than soap and water are required for this activity. The maintenance of ground-mounted PV facili- ties requires that vegetation be kept low, both for aesthetics and to avoid shading of the PV panels. Several approaches are used to maintain vegeta- tion at NC solar facilities, including planting of lim- ited-height species, mowing, weed-eating, herbi- cides, and grazing livestock (sheep). The following descriptions of vegetation maintenance practices are based on interviews with several solar devel- RSHUVDVZHOODVZLWKWKUHHPDLQWHQDQFH¿UPVWKDW together are contracted to maintain well over 100 of the solar facilities in N.C. The majority of solar facilities in North Carolina maintain vegetation pri- marily by mowing. Each row of panels has a single row of supports, allowing sickle mowers to mow under the panels. The sites usually require mow- ing about once a month during the growing sea- son. Some sites employ sheep to graze the site, which greatly reduces the human effort required to maintain the vegetation and produces high quality lamb meat.62 In addition to mowing and weed eating, solar fa- cilities often use some herbicides. Solar facilities generally do not spray herbicides over the entire acreage; rather they apply them only in strategic locations such as at the base of the perimeter fence, around exterior vegetative buffer, on interior dirt roads, and near the panel support posts. Also unlike many row crop operations, solar facilities generally use only general use herbicides, which are available over the counter, as opposed to re- stricted use herbicides commonly used in com- mercial agriculture that require a special restricted use license. The herbicides used at solar facilities are primarily 2-4-D and glyphosate (Round-up®), which are two of the most common herbicides used in lawns, parks, and agriculture across the FRXQWU\ 2QH PDLQWHQDQFH ¿UP WKDW ZDV LQWHU- viewed sprays the grass with a class of herbicide known as a growth regulator in order to slow the growth of grass so that mowing is only required twice a year. Growth regulators are commonly used on highway roadsides and golf courses for the same purpose. A commercial pesticide appli- cator license is required for anyone other than the landowner to apply herbicides, which helps ensure that all applicators are adequately educated about proper herbicide use and application. The license must be renewed annually and requires passing RIDFHUWL¿FDWLRQH[DPDSSURSULDWHWRWKHDUHDLQ which the applicator wishes to work. Based on the limited data available, it appears that solar facili- WLHVLQ1&JHQHUDOO\XVHVLJQL¿FDQWO\OHVVKHUEL- cides per acre than most commercial agriculture or lawn maintenance services. May 2017 | Version 1 14 2. Electromagnetic Fields (EMF) PV systems do not emit any material during their operation; however, they do generate electromag- QHWLF¿HOGV (0) VRPHWLPHVUHIHUUHGWRDVUDGL- ation. EMF produced by electricity is non-ionizing radiation, meaning the radiation has enough en- ergy to move atoms in a molecule around (experi- enced as heat), but not enough energy to remove electrons from an atom or molecule (ionize) or to damage DNA. As shown below, modern humans are all exposed to EMF throughout our daily lives without negative health impact. Someone outside of the fenced perimeter of a solar facility is not H[SRVHGWRVLJQL¿FDQW(0)IURPWKHVRODUIDFLOLW\ Therefore, there is no negative health impact from the EMF produced in a solar farm. The following paragraphs provide some additional background and detail to support this conclusion. Since the 1970s, some have expressed concern over potential health consequences of EMF from electricity, but no studies have ever shown this EMF to cause health problems.63 These concerns are based on some epidemiological studies that found a slight increase in childhood leukemia associated with average exposure to residential SRZHUIUHTXHQF\PDJQHWLF¿HOGVDERYHWR μT (microteslas) (equal to 3.0 to 4.0 mG (milli- gauss)). μT and mG are both units used to mea- VXUHPDJQHWLF¿HOGVWUHQJWK)RUFRPSDULVRQWKH average exposure for people in the U.S. is one mG or 0.1 μT, with about 1% of the population with an average exposure in excess of 0.4 μT (or 4 mG).64 These epidemiological studies, which found an association but not a causal relation- ship, led the World Health Organization’s Interna- tional Agency for Research on Cancer (IARC) to FODVVLI\(/)PDJQHWLF¿HOGVDV³SRVVLEO\FDUFLQR- JHQLFWRKXPDQV´&RIIHHDOVRKDVWKLVFODVVL¿- FDWLRQ7KLVFODVVL¿FDWLRQPHDQVWKHUHLVOLPLWHG evidence but not enough evidence to designate as either a “probable carcinogen” or “human carcinogen”. Overall, there is very little concern that ELF EMF damages public health. The only concern that does exist is for long-term exposure above 0.4 μT (4 mG) that may have some con- nection to increased cases of childhood leuke- mia. In 1997, the National Academies of Science were directed by Congress to examine this con- cern and concluded: “Based on a comprehensive evaluation of pub- lished studies relating to the effects of power-fre- TXHQF\HOHFWULFDQGPDJQHWLF¿HOGVRQFHOOVWLV- VXHV DQG RUJDQLVPV LQFOXGLQJ KXPDQV  WKH conclusion of the committee is that the current body of evidence does not show that exposure WRWKHVH¿HOGVSUHVHQWVDKXPDQKHDOWKKD]DUG 6SHFL¿FDOO\ QR FRQFOXVLYH DQG FRQVLVWHQW HYL- dence shows that exposures to residential electric DQGPDJQHWLF¿HOGVSURGXFHFDQFHUDGYHUVHQHX- UREHKDYLRUDOHIIHFWVRUUHSURGXFWLYHDQGGHYHORS- PHQWDOHIIHFWV´65 7KHUHDUHWZRDVSHFWVWRHOHFWURPDJQHWLF¿HOGV DQHOHFWULF¿HOGDQGDPDJQHWLF¿HOG7KHHOHF- WULF¿HOGLVJHQHUDWHGE\YROWDJHDQGWKHPDJ- QHWLF¿HOGLVJHQHUDWHGE\HOHFWULFFXUUHQWLH PRYLQJHOHFWURQV$WDVNJURXSRIVFLHQWL¿FH[- perts convened by the World Health Organiza- tion (WHO) in 2005 concluded that there were no VXEVWDQWLYHKHDOWKLVVXHVUHODWHGWRHOHFWULF¿HOGV (0 to 100,000 Hz) at levels generally encoun- tered by members of the public.66 The relatively low voltages in a solar facility and the fact that HOHFWULF¿HOGVDUHHDVLO\VKLHOGHG LHEORFNHG  by common materials, such as plastic, metal, or soil means that there is no concern of negative KHDOWKLPSDFWVIURPWKHHOHFWULF¿HOGVJHQHUDWHG by a solar facility. Thus, the remainder of this sec- WLRQDGGUHVVHVPDJQHWLF¿HOGV0DJQHWLF¿HOGV are not shielded by most common materials and thus can easily pass through them. Both types of ¿HOGVDUHVWURQJHVWFORVHWRWKHVRXUFHRIHOHF- tric generation and weaken quickly with distance from the source. May 2017 | Version 1 15 The direct current (DC) electricity produced by PV panels produce stationary (0 Hz) electric and mag- QHWLF¿HOGV%HFDXVHRIPLQLPDOFRQFHUQDERXWSR- WHQWLDOULVNVRIVWDWLRQDU\¿HOGVOLWWOHVFLHQWL¿FUH- VHDUFKKDVH[DPLQHGVWDWLRQDU\¿HOGV¶LPSDFWRQ human health.67 In even the largest PV facilities, the DC voltages and currents are not very high. One can illustrate the weakness of the EMF gen- erated by a PV panel by placing a compass on an operating solar panel and observing that the nee- dle still points north. While the electricity throughout the majority of a solar site is DC electricity, the inverters convert this DC electricity to alternating current (AC) elec- tricity matching the 60 Hz frequency of the grid. Therefore, the inverters and the wires delivering this power to the grid are producing non-station- ary EMF, known as extremely low frequency (ELF) EMF, normally oscillating with a frequency of 60 Hz. This frequency is at the low-energy end of the electromagnetic spectrum. Therefore, it has less energy than other commonly encountered types of non-ionizing radiation like radio waves, infrared radiation, and visible light. The wide use of electricity results in background levels of ELF EMFs in nearly all locations where people spend time – homes, workplaces, schools, cars, the supermarket, etc. A person’s average ex- posure depends upon the sources they encounter, how close they are to them, and the amount of time they spend there.68 As stated above, the av- HUDJHH[SRVXUHWRPDJQHWLF¿HOGVLQWKH86LV estimated to be around one mG or 0.1 μT, but can vary considerably depending on a person’s expo- sure to EMF from electrical devices and wiring.69 At times we are often exposed to much higher ELF PDJQHWLF¿HOGVIRUH[DPSOHZKHQVWDQGLQJWKUHH IHHWIURPDUHIULJHUDWRUWKH(/)PDJQHWLF¿HOGLV 6 mG and when standing three feet from a micro- ZDYHRYHQWKH¿HOGLVDERXWP*70 The strength RIWKHVH¿HOGVGLPLQLVKTXLFNO\ZLWKGLVWDQFHIURP the source, but when surrounded by electricity in our homes and other buildings moving away from one source moves you closer to another. However, unless you are inside of the fence at a utility-scale solar facility or electrical substation it is impossible to get very close to the EMF sources. Because of this, EMF levels at the fence of electrical sub- stations containing high voltages and currents are considered “generally negligible”.71,72 The strength of ELF-EMF present at the perimeter of a solar facility or near a PV system in a commer- FLDORUUHVLGHQWLDOEXLOGLQJLVVLJQL¿FDQWO\ORZHUWKDQ the typical American’s average EMF exposure.73,74 Researchers in Massachusetts measured mag- QHWLF¿HOGVDW39SURMHFWVDQGIRXQGWKHPDJQHWLF ¿HOGVGURSSHGWRYHU\ORZOHYHOVRIP*RUOHVV and in many cases to less than background levels (0.2 mG), at distances of no more than nine feet from the residential inverters and 150 feet from the utility-scale inverters.75 Even when measured within a few feet of the utility-scale inverter, the (/)PDJQHWLF¿HOGVZHUHZHOOEHORZWKH,QWHUQD- tional Commission on Non-Ionizing Radiation Pro- WHFWLRQ¶V UHFRPPHQGHG PDJQHWLF ¿HOG OHYHO H[- posure limit for the general public of 2,000 mG.76 It is typical that utility scale designs locate large inverters central to the PV panels that feed them because this minimizes the length of wire required and shields neighbors from the sound of the in- verter’s cooling fans. Thus, it is rare for a large PV inverter to be within 150 feet of the project’s security fence. Anyone relying on a medical device such as pacemaker or other implanted device to maintain proper heart rhythm may have concern about the potential for a solar project to interfere with the operation of his or her device. However, there is no reason for concern because the EMF outside of the solar facility’s fence is less than 1/1000 of the level at which manufacturers test for ELF EMF interference, which is 1,000 mG.77 Manufacturers of potentially affected implanted devices often pro- vide advice on electromagnetic interference that includes avoiding letting the implanted device get WRRFORVHWRFHUWDLQVRXUFHVRI¿HOGVVXFKDVVRPH May 2017 | Version 1 16 household appliances, some walkie-talkies, and similar transmitting devices. Some manufactur- ers’ literature does not mention high-voltage pow- er lines, some say that exposure in public areas should not give interference, and some advise not spending extended periods of time close to power lines.78 3. Electric Shock and Arc Flash Hazards There is a real danger of electric shock to any- one entering any of the electrical cabinets such as combiner boxes, disconnect switches, inverters, or transformers; or otherwise coming in contact with voltages over 50 Volts.79 Another electrical KD]DUGLVDQDUFÀDVKZKLFKLVDQH[SORVLRQRIHQ- ergy that can occur in a short circuit situation. This H[SORVLYHUHOHDVHRIHQHUJ\FDXVHVDÀDVKRIKHDW and a shockwave, both of which can cause seri- ous injury or death. Properly trained and equipped technicians and electricians know how to safely install, test, and repair PV systems, but there is al- ways some risk of injury when hazardous voltages and/or currents are present. Untrained individuals should not attempt to inspect, test, or repair any aspect of a PV system due to the potential for inju- U\RUGHDWKGXHWRHOHFWULFVKRFNDQGDUFÀDVK7KH National Electric Code (NEC) requires appropriate levels of warning signs on all electrical compo- nents based on the level of danger determined by the voltages and current potentials. The national electric code also requires the site to be secured from unauthorized visitors with either a six-foot chain link fence with three strands of barbed wire or an eight-foot fence, both with adequate hazard warning signs. 4. Fire Safety 7KHSRVVLELOLW\RI¿UHVUHVXOWLQJIURPRULQWHQVL¿HG by PV systems may trigger concern among the JHQHUDOSXEOLFDVZHOODVDPRQJ¿UH¿JKWHUV+RZ- HYHUFRQFHUQRYHUVRODU¿UHKD]DUGVVKRXOGEH limited because only a small portion of materials in WKHSDQHOVDUHÀDPPDEOHDQGWKRVHFRPSRQHQWV FDQQRWVHOIVXSSRUWDVLJQL¿FDQW¿UH)ODPPDEOH components of PV panels include the thin layers of polymer encapsulates surrounding the PV cells, polymer backsheets (framed panels only), plas- tic junction boxes on rear of panel, and insulation on wiring. The rest of the panel is composed of QRQÀDPPDEOH FRPSRQHQWV QRWDEO\ LQFOXGLQJ one or two layers of protective glass that make up over three quarters of the panel’s weight. +HDWIURPDVPDOOÀDPHLVQRWDGHTXDWHWRLJQLWHD 39SDQHOEXWKHDWIURPDPRUHLQWHQVH¿UHRUHQ- ergy from an electrical fault can ignite a PV panel.80 One real-world example of this occurred during July 2015 in an arid area of California. Three acres RIJUDVVXQGHUDWKLQ¿OP39IDFLOLW\EXUQHGZLWKRXW LJQLWLQJWKHSDQHOVPRXQWHGRQ¿[HGWLOWUDFNVMXVW above the grass.81 While it is possible for electri- cal faults in PV systems on homes or commercial EXLOGLQJVWRVWDUWD¿UHWKLVLVH[WUHPHO\UDUH82 ,PSURYLQJXQGHUVWDQGLQJRIWKH39VSHFL¿FULVNV VDIHU V\VWHP GHVLJQV DQG XSGDWHG ¿UHUHODWHG codes and standards will continue to reduce the ULVNRI¿UHFDXVHGE\39V\VWHPV 39 V\VWHPV RQ EXLOGLQJV FDQ DIIHFW ¿UH¿JKWHUV in two primary ways, 1) impact their methods of ¿JKWLQJWKH¿UHDQG SRVHVDIHW\KD]DUGWRWKH ¿UH¿JKWHUV2QHRIWKHPRVWLPSRUWDQWWHFKQLTXHV WKDW¿UH¿JKWHUVXVHWRVXSSUHVV¿UHLVYHQWLODWLRQ of a building’s roof. This technique allows super- heated toxic gases to quickly exit the building. By GRLQJ VR WKH ¿UH¿JKWHUV JDLQ HDVLHU DQG VDIHU access to the building, Ventilation of the roof also PDNHVWKHFKDOOHQJHRISXWWLQJRXWWKH¿UHHDVLHU However, the placement of rooftop PV panels may interfere with ventilating the roof by limiting access to desired venting locations. 1HZ VRODUVSHFL¿F EXLOGLQJ FRGH UHTXLUHPHQWV are working to minimize these concerns. Also, the May 2017 | Version 1 17 latest National Electric Code has added require- PHQWVWKDWPDNHLWHDVLHUIRU¿UVWUHVSRQGHUVWR safely and effectively turn off a PV system. Con- FHUQIRU¿UH¿JKWLQJDEXLOGLQJZLWK39FDQEHUH- GXFHG ZLWK SURSHU ¿UH ¿JKWHU WUDLQLQJ V\VWHP design, and installation. Numerous organizations KDYHVWXGLHG¿UH¿JKWHUVDIHW\UHODWHGWR390DQ\ organizations have published valuable guides and training programs. Some notable examples are listed below. • The International Association of Fire Fight- ers (IAFF) and International Renewable Energy Council (IREC) partnered to create an online training course that is far beyond the PowerPoint click-andview model. The self-paced online course, “Solar PV Safety for Fire Fighters,” features rich video con- WHQWDQGVLPXODWHGHQYLURQPHQWVVR¿UH ¿JKWHUVFDQSUDFWLFHWKHNQRZOHGJHWKH\¶YH learned. www.iaff.org/pvsafetytraining • Photovoltaic Systems and the Fire Code: 2I¿FHRI1&)LUH0DUVKDO • Fire Service Training, Underwriter’s Labo- ratory • )LUH¿JKWHU6DIHW\DQG5HVSRQVHIRU6RODU Power Systems, National Fire Protection Research Foundation • Bridging the Gap: Fire Safety & Green Buildings, National Association of State Fire Marshalls • Guidelines for Fire Safety Elements of So- lar Photovoltaic Systems, Orange County Fire Chiefs Association • Solar Photovoltaic Installation Guidelines, California Department of Forestry & Fire 3URWHFWLRQ2I¿FHRIWKH6WDWH)LUH0DUVKDOO • 396DIHW\ )LUH¿JKWLQJ, Matthew Paiss, Homepower Magazine • PV Safety and Code Development: Mat- thew Paiss, Cooperative Research Network Summary The purpose of this paper is to address and al- leviate concerns of public health and safety for utility-scale solar PV projects. Concerns of public health and safety were divided and discussed in the four following sections: (1) Toxicity, (2) Electro- magnetic Fields, (3) Electric Shock and Arc Flash, and (4) Fire. In each of these sections, the nega- tive health and safety impacts of utility-scale PV development were shown to be negligible, while WKHSXEOLFKHDOWKDQGVDIHW\EHQH¿WVRILQVWDOOLQJ WKHVHIDFLOLWLHVDUHVLJQL¿FDQWDQGIDURXWZHLJKDQ\ negative impacts. 1 Wiser, Ryan, Trieu Mai, Dev Millstein, Jordan Macknick, Alberta Carpenter, Stuart Cohen, Wesley Cole, Bethany Frew, and Garvin A. Heath. 2016. On the Path to SunShot: The Environmental and Public +HDOWK%HQH¿WVRI$FKLHYLQJ+LJK3HQHWUDWLRQVRI Solar Energy in the United States. Golden, CO: Na- tional Renewable Energy Laboratory. Accessed March 2017, www.nrel.gov/docs/fy16osti/65628.pdf 2 IRENA and IEA-PVPS (2016), “End-of-Life Man- agement: Solar Photovoltaic Panels,” International Renewable Energy Agency and International Energy Agency Photovoltaic Power Systems. 3 National Renewable Energy Laboratory, Overview of Field Experience – Degradation Rates & Lifetimes. September 14, 2015. Solar Power International Con- ference. Accessed March 2017, www.nrel.gov/docs/fy15osti/65040.pdf 4 Miesel et al. SolarCity Photovoltaic Modules with 35 Year Useful Life. June 2016. Accessed March 2017. http://www.solarcity.com/newsroom/reports/solarci- ty-photovoltaic-modules-35-year-useful-life 5 David Unger. Are Renewables Stormproof? Hur- ULFDQH6DQG\7HVWV6RODU:LQG. November 2012. Accessed March 2017. http://www.csmonitor.com/Environment/Energy-Voic- es/2012/1119/Are-renewables-stormproof-Hurri- cane-Sandy-tests-solarwind & http://www.csmonitor. com/Environment/Energy-Voices/2012/1119/Are-re- newables-stormproof-Hurricane-Sandytests-solar-wind 6 NEXTracker and 365 Pronto, Tracking Your Solar Investment: Best Practices for Solar Tracker O&M. May 2017 | Version 1 18 Accessed March 2017. www.nextracker.com/content/uploads/2017/03/NEX- Tracker_OandM-WhitePaper_FINAL_March-2017.pdf 7 Christiana Honsberg, Stuart Bowden. Overview of Screen Printed Solar Cells. Accessed January 2017. www.pveducation.org/pvcdrom/manufacturing/ screen-printed 8 Silicon Valley Toxics Coalition. 2015 Solar Score- card. Accessed August 2016. www.solarscorecard.com/2015/2015-SVTC-Solar- Scorecard.pdf 9 European Commission. Recast of Reduction of +D]DUGRXV6XEVWDQFHV 5R+6 'LUHFWLYH. September 2016. Accessed August 2016. http://ec.europa.eu/environment/waste/rohs_eee/in- dex_en.htm 2I¿FLDO-RXUQDORIWKH(XURSHDQ8QLRQDIREC- TIVE 2011/65/EU OF THE EUROPEAN PARLIA- MENT AND OF THE COUNCIL of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. June 2011. Accessed May 2017. http://eur-lex.europa.eu/legalcontent/EN/TXT/PD- F/?uri=CELEX:32011L0065&from=en 11 Giancarlo Giacchetta, Mariella Leporini, Barbara Marchetti. (YDOXDWLRQRIWKH(QYLURQPHQWDO%HQH¿WVRI New High Value Process for the Management of the End of Life of Thin Film Photovoltaic Modules. July 2013. Accessed August 2016. www.researchgate.net/publication/257408804_Evalu- DWLRQBRIBWKHBHQYLURQPHQWDOBEHQH¿WVBRIBQHZBKLJKB value_process_for_the_management_of_the_end_ RIBOLIHBRIBWKLQB¿OPBSKRWRYROWDLFBPRGXOHV 12 European Commission. Study on Photovoltaic Panels Supplementing The Impact Assessment for a 5HFDVWRIWKH:HHH'LUHFWLYH. April 2011. Accessed August 2016. http://ec.europa.eu/environment/waste/weee/pdf/ 6WXG\RQ39V%LR¿QDOSGI 14 The amount of lead in a typical car battery is 21.4 pounds. Waste 360. Chaz Miller. Lead Acid Batteries. March 2006. Accessed August 2016. http://waste360.com/mag/waste_leadacid_batteries_3 15 Okkenhaug G. Leaching from CdTe PV module PDWHULDOUHVXOWVIURPEDWFKFROXPQDQGDYDLODELOLW\ tests. Norwegian Geotechnical Institute, NGI report No. 20092155-00-6-R; 2010 16 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching +D]DUGRXV6XEVWDQFHVRXWRI3KRWRYROWDLF0RGXOHV. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/arti- cle/download/485/298 17 ibid 18 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 19 Bonnet, D. and P. Meyers. 1998. Cadmium-tellu- ULGH²0DWHULDOIRUWKLQ¿OPVRODUFHOOV. J. Mater. Res., Vol. 13, No. 10, pp. 2740-2753 20 V. Fthenakis, K. Zweibel. CdTe PV: Real and Per- ceived EHS Risks. National Center ofr Photovoltaics and Solar Program Review Meeting, March 24-26, 2003. www.nrel.gov/docs/fy03osti/33561.pdf. Ac- cessed May 2017 21 International Energy Agency Photovoltaic Power Systems Programme. Life Cycle Inventories and Life Cycle Assessments of Photovoltaic Systems. March 2015. Accessed August 2016. http://iea-pvps.org/index.php?id=315 22 Data not available on fraction of various genera- tion sources offset by solar generation in NC, but this is believed to be a reasonable rough estimate. The SunShot report entitled The Environmental and Public +HDOWK%HQH¿WVRI$FKLHYLQJ+LJK3HQHWUDWLRQVRI Solar Energy in the United States analysis contributes VLJQL¿FDQW QRWSURYLGHG RIIVHWWLQJRIFRDO¿UHG generation by solar PV energy in the southeast. 23 7 MWDC * 1.5 GWh/MWDC * 25 years * 0.93 degradation factor * (0.1 *4.65 grams/GWh + 0.9*0.2 grams/GWh) 24 Vasilis Fthenakis. CdTe PV: Facts and Handy Comparisons. January 2003. Accessed March 2017. KWWSVZZZEQOJRYSY¿OHVSGIDUWBSGI 25 Kaczmar, S., Evaluating the Read-Across Ap- proach on CdTe Toxicity for CdTe Photovoltaics, SETAC North America 32nd Annual Meeting, Boston, MA, November 2011. Available at: ftp://ftp.co.imperial.ca.us/icpds/eir/campo-verdesolar/ ¿QDOHYDOXDWLQJWR[LFLW\SGI, Accessed May 2017 27 V. M. Fthenakis et al, Emissions and Encapsula- tion of Cadmium in CdTe PV Modules During Fires Renewable Progress in Photovoltaics: Research and Application: Res. Appl. 2005; 13:1–11, Accessed March 2017, ZZZEQOJRYSY¿OHVSGIDEVBSGI 28 Fthenakis V.M., Life Cycle Impact Analysis of Cad- mium in CdTe Photovoltaic Production, Renewable May 2017 | Version 1 19 and Sustainable Energy Reviews, 8, 303-334, 2004. www.clca.columbia.edu/papers/Life_Cycle_Impact_ Analysis_Cadmium_CdTe_Photovoltaic_production. pdf, Accessed May 2017 29 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. 30 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching +D]DUGRXV6XEVWDQFHVRXWRI3KRWRYROWDLF0RGXOHV. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/arti- cle/download/485/298 31 Cunningham D., Discussion about TCLP protocols, Photovoltaics and the Environment Workshop, July 23-24, 1998, Brookhaven National Laboratory, BNL- 52557 32 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 33 Practical Handbook of Photovoltaics: Fundamen- tals and Applications. T. Markvart and L. Castaner. &KDSWHU9,,2YHUYLHZRI3RWHQWLDO+D]DUGV. Decem- ber 2003. Accessed August 2016. KWWSVZZZEQOJRYSY¿OHVSGIDUWBSGI 34 Norwegian Geotechnical Institute. Environmental Risks Regarding the Use and End-of-Life Disposal of CdTe PV Modules. April 2010. Accessed August 2016. https://www.dtsc.ca.gov/LawsRegsPolicies/upload/ Norwegian-Geotechnical-InstituteStudy.pdf 35 First Solar. Dr. Yasunari Matsuno. December 2013. August 2016. Environmental Risk Assessment of CdTe PV Systems to be considered under Cata- strophic Events in Japan. KWWSZZZ¿UVWVRODUFRPPHGLD'RFXPHQWV6XV- tainability/PeerReviews/Japan_Peer-Review_Matsu- no_CdTe-PV-Tsunami.ashx 36 First Solar. Parikhit Sinha, Andreas Wade. As- sessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. 2015 IEEE 37 See p. 22 of First Solar, Sustainability Report. Available at: ZZZ¿UVWVRODUFRPPHGLD)LUVW6RODU6XVWDLQDELOL- ty-Documents/03801_FirstSolar_SustainabilityRe- port_08MAR16_Web.ashx, Accessed May 2017 38 40 CFR §261.24. Toxicity Characteristic. May 2017. Accessed May 2017. https://www.ecfr.gov/cgi-bin/textidx- ?node=se40.26.261_124&rgn=div8 2I¿FHRI(QHUJ\(I¿FLHQF\ 5HQHZDEOH(QHUJ\ Copper Indium Gallium Diselenide. Accessed March 2017. https://www.energy.gov/eere/sunshot/copper-indi- um-gallium-diselenide 40 Mathias Maehlum. Best Thin Film Solar Panels – $PRUSKRXV&DGPLXP7HOOXULGHRU&,*6" April 2015. Accessed March 2017. KWWSHQHUJ\LQIRUPDWLYHRUJEHVWWKLQ¿OPVRODUSDQ- els-amorphous-cadmium-telluride-cigs/ 5R+6WHVWHGFHUWL¿FDWHIRU6RODU)URQWLHU39PRG- ules. TUVRheinland, signed 11.11.2013 42 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of /LIH0DQDJHPHQW6RODU3KRWRYROWDLF3DQHOVJune 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publica- tions/IRENA_IEAPVPS_End-of-Life_Solar_PV_Pan- els_2016.pdf 43 40 C.F.R. §261.10. Identifying the Characteris- WLFVRI+D]DUGRXV:DVWHDQGIRU/LVWLQJ+D]DUGRXV :DVWH. November 2016. Accessed November 2016 http://www.ecfr.gov/cgi-bin/textidx?SID=ce0006d- 66da40146b490084ca2816143&mc=true&node=pt40. 26.261&rgn=div5#sp40.28.261.b 44 40 C.F.R. §261.24 Toxicity Characteristic. Novem- ber 2016. Accessed November 2016. http://www.ecfr.gov/cgi-bin/textidx?SID=ce0006d- 66da40146b490084ca2816143&mc=true&node=pt40. 26.261&rgn=div5#se40.28.261_124 45 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publica- tions/IRENA_IEAPVPS_End-of-Life_Solar_PV_Pan- els_2016.pdf 46 TLCP test results from third-party laboratories for REC, Jinko, and Canadian Solar silicon-based pan- els. Provided by PV panel manufacturers directly or indirectly to authors 47 Sinovoltaics, Introduction to Solar Panel Recycling, March 2014. Accessed October 2016. http://sinovoltaics.com/solarbasics/introduction-to-so- lar-panel-recycling/ 48 Brookhaven National Laboratory. Vasilis Fthenakis, May 2017 | Version 1 20 Regulations on Photovoltaic Module Disposal and Recycling. January 29, 2001. 49 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. 50 First Solar. Parikhit Sinha, Andreas Wade. As- sessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. October 2015. Accessed August 2016. KWWSZZZ¿UVWVRODUFRPPHGLD'RFXPHQWV6XV- tainability/PVSC42-Manuscript-20150912--Assess- ment-of-Leaching-Tests-for-Evaluating-PotentialEnvi- ronmental-Impa.ashx 51 First Solar. Dr. Yasunari Matsuno. December 2013. Environmental Risk Assessment of CdTe PV Systems to be considered under Catastrophic Events in Japan. KWWSZZZ¿UVWVRODUFRPPHGLD'RFXPHQWV6XV- tainability/PeerReviews/Japan_Peer-Review_Matsu- no_CdTe-PV-Tsunami.ashx 52 Phone interview, February 3, 2016, TT&E Iron & Metal, Garner, NC www.ncscrapmetal.com 53 Wen-His Huang, et al. Strategy and Technology To 5HF\FOH:DWHUVLOLFRQ6RODU0RGXOHV. Solar Energy, Volume 144, March 2017, Pages 22-31 54 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publica- tions/IRENA_IEAPVPS_End-of-Life_Solar_PV_Pan- els_2016.pdf 2I¿FLDO-RXUQDORIWKH(XURSHDQ8QLRQDirective 2012/19/EU of the European Parliament and of the &RXQFLORI-XO\RQ:DVWH(OHFWULFDODQG(OHF- tronic Equipment. July 2012. Accessed November 2016. http://eurlex.europa.eu/legal-content/EN/TXT/?uri=cel- ex%3A32012L0019 56 PV CYCLE. Annual Report 2015. Accessed No- vember 2016. https://pvcyclepublications.cld.bz/Annual-Report-PV- CYCLE-2015/6-7 2I¿FLDO-RXUQDORIWKH(XURSHDQ8QLRQDirective 2012/19/EU of the European Parliament and of the &RXQFLORI-XO\RQ:DVWH(OHFWULFDODQG(OHF- tronic Equipment. July 2012. Accessed November 2016. http://eurlex.europa.eu/legal-content/EN/TXT/?uri=cel- ex%3A32012L0019 58 SEIA National PV Recycling Program: www.seia.org/seia-national-pv-recycling-program 59 RBI Solar, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in June 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezon- ings/RZ2015-05_DecommissioningPlan.pdf 60 Birdseye Renewables, Decommissioning Plan sub- mitted to Catawba County associated with permitting of a 5MW solar project in May 2015. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezon- ings/RZ2015-04_DecommissioningPlan.pdf 61 Cypress Creek Renewables, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in September 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezon- ings/RZ2016-06decommission.pdf 62 Sun Raised Farms: http://sunraisedfarms.com/index.html 63 National Institute of Environmental Health Scienc- es and National Institutes of Health, EMF: Electric and Magnetic Fields Associated with Electric Power: Questions and Answers, June 2002 64 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Fre- quency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/ en/ 65 Committee on the Possible Effects of Electro- magnetic Fields on Biologic Systems, National Re- search Council, Possible Health Effects of Exposure to Residential Electric and Magnetic Fields, ISBN: 0-309-55671-6, 384 pages, 6 x 9, (1997) This PDF is available from the National Academies Press at: http://www.nap.edu/catalog/5155.html 66 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Fre- quency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/en/ 67 World Health Organization. Electromagnetic Fields and Public Health: Static Electric and Magnetic Fields. March 2006. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs299/ en/ 68 Asher Sheppard, Health Issues Related to the Static and Power-Frequency Electric and Magnetic Fields (EMFs) of the Soitec Solar Energy Farms, April May 2017 | Version 1 21 30, 2014. Accessed March 2017: www.sandiegocounty.gov/content/dam/sdc/pds/ceqa/ Soitec-Documents/Final-EIR-Files/Appendix_9.0-1_ EMF.pdf 69 Massachusetts Clean Energy Center. Study of Acoustic and EMF Levels from Solar Photovoltaic Projects. December 2012. Accessed August 2016. 70 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequent- ly_asked_questions.asp 71 National Institute of Environmental Health Sci- ences, Electric and Magnetic Fields Associate with the use of Electric Power: Questions and Answers, 2002. Accessed November 2016 www.niehs.nih.gov/health/materials/electric_and_ PDJQHWLFB¿HOGV 72 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequent- ly_asked_questions.asp 73 R.A. Tell et al, Electromagnetic Fields Associated with Commercial Solar Photovoltaic Electric Power Generating Facilities, Journal of Occupational and Environmental Hygiene, Volume 12, 2015,- Issue 11. Abstract Accessed March 2016: http://www.tandfonline.com/doi/full/10.1080/1545962 4.2015.1047021 74 Massachusetts Department of Energy Resources, Massachusetts Department of Environmental Pro- tection, and Massachusetts Clean Energy Center. Questions & Answers: Ground-Mounted Solar Photo- voltaic Systems. June 2015. Accessed August 2016. http://www.mass.gov/eea/docs/doer/renewables/so- lar/solar-pv-guide.pdf 75 Ibid. 76 Ibid. 77 EMFs and medical devices, Accessed March 2017. www.emfs.info/effects/medical-devices/ 78 ibid. 79 Damon McCluer. Electrical Construction & Main- tenance: NFPA 70E’s Approach to Considering DC +D]DUGV. September 2013. Accessed October 2016. http://ecmweb.com/safety/nfpa-70e-s-approach-con- sidering-dc-hazards 80 Hong-Yun Yang, et. al. Experimental Studies on WKH)ODPPDELOLW\DQG)LUH+D]DUGVRI3KRWRYROWDLF 0RGXOHV0DWHULDOV. July 2015. Accessed August 2016. http://www.mdpi.com/1996-1944/8/7/4210/pdf 81 Matt Fountain. The Tribune. Fire breaks out at To- SD]6RODU)DUP. July 2015. Accessed August 2016. www.sanluisobispo.com/news/local/article39055539. html 82 Cooperative Research Network. Matthew Paiss. Tech Surveillance: PV Safety & Code Developments. October 2014. Accessed August 2016. http://www.nreca.coop/wp-content/uploads/2013/06/ WVBSYB¿UHBVDIHW\BRFWBSGI “Clean Energy in Michigan” Series, Number 12 Solar Panels. Photo by Mariana Proenca on UnsplashQ: Do solar panels contribute to PFAS contamination? Multiple states have raised concerns about PFAS contamination from solar farms, largely citing academic research on how PFAS could potentially be used in photovoltaic (PV) solar panels.1 The fact is that PFAS is not customarily used in solar panels because safer, effective alternatives have already been developed and commercialized. Moreover, no studies have shown the presence or leaching of PFAS from PV panels—either while they are in active use or at the end of their life (e.g., in >>˜`w®° Anatomy of a solar panel These three parts of a solar panel cause confusion about the presence of PFAS. Self-Cleaning Coat A self-cleaning coating on the top of a solar panel helps reduce dust, pollen, and snow adhesion, extending both the power output and the lifetime of the panel.2 Multiple self-cleaning coating options are available on the market, many of which make use of non-hazardous silicon-based chemistry.3 Confusion comes from the fact that some other commercialized self-cleaning coating options do make use of PFAS-based chemicals, although even those do not degrade under normal use. Adhesives PV panels are sealed from the elements to maximize power output and lifetime. While PFAS chemicals are found in certain adhesives, such as carpentry glues, they are not typically used in sealant adhesives for solar panels.4 Instead, solar adhesives are based on silicone polymers, which are well known for their lack of negative health impacts and remarkable stability.5 Substrate PV modules are housed in a weather-resistant substrate that offers additional «ÀœÌiV̈œ˜vÀœ“̅iii“i˜Ìð/…ˆ˜‡w“*6՘ˆÌÃÕÃi}>ÃÃ>Ã̅iÃÕLÃÌÀ>Ìi]܅ˆi crystalline silicon PV units use a polymer substrate, which has led to the rumors of Acknowledgement This material is based upon work supported by the &GRCTVOGPVQH'PGTI[CPFVJG/KEJKICP'PGTI[1HƂEG (MEO) under Award Number EE00007478. The Clean Energy in Michigan series provides case studies and fact sheets answering common questions about clean energy projects in Michigan. Find this document and more about the project online at graham.umich.edu/climate-energy/energy-futures. Facts about solar panels: PFAS contamination By Dr. Annick Anctil, Michigan State University potential PFAS use in solar panels. The most common polymer used in silicon PV units is Tedlar, a weather resistant polymer that is not a PFAS compound itself and makes no use of PFAS during its manufacturing process.6 Far more common materials, like those used in construction projects and weather resistant fabrics, present a higher risk of PFAS exposure than PV. In fact, a recent study found that these more common materials release PFAS under conditions where solar panels do not, indicating that PFAS exposure risk may be higher sitting on outdoor furniture, for example, than living next to a solar farm.7 What is PFAS anyway? Per/Poly Fluoro-Alkyl Substances, PFAS for short, are a class of chemical compounds. PFAS are used in several industries for their unique properties, notably their ability to create coatings that are highly water repellent. PFAS are extremely persistent within the environment, not breaking down over time. Certain PFAS compounds have been linked to human health issues–notably low infant birth weights, increased risk of certain cancers, and thyroid issues. As a result of their «iÀÈÃÌi˜Vi>˜`̜݈VˆÌÞ]̅œÃi*Ƃ-Vœ“«œÕ˜`Ã̅>Ì«œÃi>È}˜ˆwV>˜ÌÀˆÃŽ…>ÛiLii˜ banned from use and production, and subsequently replaced with safer alternatives. It’s important to note that not all PFAS compounds are dangerous. Some PFAS Vœ“«œÕ˜`Ã]ÃÕV…>Ã/iyœ˜]>Ài“ÕV…“œÀiÃÌ>Li>˜`«ÀiÃi˜Ì˜œÀˆÃŽ̜…Õ“>˜ health under normal conditions of use.8 47485-OCT-20 1 S. Maharjan et al., “Self-cleaning hydrophobic nanocoating on glass: A scalable manufacturing process,” Mater. Chem. Phys., vol. 239, Jan. 2020.; . Son et al., ºč«À>V̈V>ÃÕ«iÀ…Þ`Àœ«…ˆˆVÃivVi>˜ˆ˜}>˜`>˜ÌˆÀiyiV̈ÛiÃÕÀv>VivœÀœÕÌ`œœÀ«…œÌœÛœÌ>ˆV>««ˆV>̈œ˜Ã]» Sol. Energy Mater. Sol. Cells, 2012.; H. C. Han et al., º ˜…>˜Vˆ˜}ivwVˆi˜VÞ܈̅y՜Àˆ˜>Ìi`ˆ˜ÌiÀ>ÞiÀȘÓ>“œiVՏiœÀ}>˜ˆV܏>ÀViÃ]»J. Mater. Chem., vol. 22, no. 43, 2012. 2 ºœÜ>܏>ÀViܜÀŽÃqč“iÀˆV>˜ …i“ˆV>-œVˆiÌÞ°» [Online]; H. C. Han et al., º ˜…>˜Vˆ˜}ivwVˆi˜VÞ܈̅y՜Àˆ˜>Ìi`ˆ˜ÌiÀ>ÞiÀȘÓ> molecule organic solar cells,” J. Mater. Chem., vol. 22, no. 43, 2012.; M. Simon and E. L. Meyer, “Detection and analysis of hot-spot formation in solar cells,” Solar Energy Materials and Solar Cells. pp. 106–113, 2010. 3 º->Þœœ`LÞi/œ-œ>À*>˜i i>˜ˆ˜}N1Ìˆ“>Ìi vwVˆi˜VÞN-œ>À-…>ÀVÁ°» [Online]. 4 º iVÌÀœ˜ˆVÃ*Àœ`ÕVÌ >Ì>œ}N œÜ˜V°» [Online]; B. J. Henry et al., ºčVÀˆÌˆV>ÀiۈiÜœv̅i>««ˆV>̈œ˜œv«œÞ“iÀœvœÜVœ˜ViÀ˜>˜` Ài}Տ>̜ÀÞVÀˆÌiÀˆ>̜y՜Àœ«œÞ“iÀÃ]» Integrated Environmental Assessment and Management, vol. 14, no. 3. pp. 316–334, May-2018. 5 º iVÌÀœ˜ˆVÃ*Àœ`ÕVÌ >Ì>œ}N œÜ˜V°»; “Properties of Silicones.” [Online]; A. M. Bueche, º/…iVÕÀˆ˜}œvȏˆVœ˜iÀÕLLiÀ܈̅Li˜âœÞ peroxide,” J. Polym. Sci., vol. 15, no. 79, pp. 105–120, Jan. 1955. 6 M. H. Alaaeddin, S. M. Sapuan, M. Y. . Zuhri, E. . Zainudin, and F. M. AL-Oqla, º*œÞۈ˜Þy՜Àˆ`i­*6®ÆÌÃ*Àœ«iÀ̈iÃ]č««ˆV>̈œ˜Ã]>˜` Manufacturing Prospects,” IOP Conf. Ser. Mater. Sci. Eng., vol. 538, p. 012010, Jun. 2019. 7 R. M. Janousek, S. Lebertz, and T. P. Knepper, º*ÀiۈœÕÏÞ՘ˆ`i˜Ìˆwi`ÜÕÀViÃœv«iÀy՜Àœ>ŽÞ>˜`«œÞy՜Àœ>ŽÞÃÕLÃÌ>˜ViÃvÀœ“LՈ`ˆ˜} materials and industrial fabrics,” Environ. Sci. Process. Impacts, vol. 21, no. 11, pp. 1936–1945, Nov. 2019. 8 º*iÀ‡>˜`*œÞy՜Àœ>ŽÞ-ÕLÃÌ>˜Vií*č-®N1- *č°» [Online].; B. J. Henry et al., ºčVÀˆÌˆV>ÀiۈiÜœv̅i>««ˆV>̈œ˜œv«œÞ“iÀœvœÜ Vœ˜ViÀ˜>˜`Ài}Տ>̜ÀÞVÀˆÌiÀˆ>̜y՜Àœ«œÞ“iÀû Health and Safety Impacts of Solar Photovoltaics: A California-Focused Forward to the Health and Safety Impacts of Solar Photovoltaics white paper published by the N.C. Clean Energy Technology Center at North Carolina State University in May 2017 By:Thomas H. Cleveland, P.E., lead author of the North Carolina white paper RE:Soscol Ferry Road Solar, a proposed 1.98 MWAC PV facility in Napa, CA Date:July 31, 2019 For the last several years North Carolina (NC) has trailed only California in the capacity of annual solar photovoltaic (PV) installed. For most of that time North Carolina’s PV development was nearly entirely distribution-connected ground-mounted solar facilities, most commonly 5 MWAC projects. More recently, North Carolina is developing a mixture of transmission-connected PV facilities between 20 and 75 MWAC and distribution-connected facilities of 1 to 5 MWAC, but still has relatively few commercial or residential PV projects. As the state quickly transitioned from zero utility-scale solar facilities to over 400 utility-scale solar facilities concerns about the health and safety impacts of photovoltaics were raised at countless public hearings across the state and in many meetings of state officials and regulators, including several NC general assembly committee meetings. These concerns led to several years of engagement on this topic by the NC Clean Energy Technology Center at North Carolina State University that resulted in a detailed, peer-reviewed university white paper on the latest scientific understanding regarding PV health and safety impacts, with a focus on North Carolina. Naturally, there is also interest in the potential health and safety impacts of PV in California, where there is significantly more installed solar capacity than in North Carolina, in a mixture of residential, commercial, and small- and large-scale ground-mounted utility-scale solar projects. While there are massive similarities between the PV installations and their potential health and safety impacts in each state, there are some differences in policy, climate, industry practices, electricity regulation, and more that are worth highlighting. This forward is an attempt by the lead researcher and author of the North Carolina white paper to provide a supplement to the original paper that clearly demonstrates the applicability of the paper to PV in California and to offer California-specific supplements or modifications where the original paper had a North Carolina focus. Most importantly, all the white paper’s conclusions about the negligible negative health and safety impacts of photovoltaics apply fully in California, as well as anywhere in the United States. Similarly, there is nothing unique about the 1.98 MWAC Soscol Ferry Road Solar project that would cause any health or safety impacts different than those discussed in the N.C. white paper. Throughout the white paper there are instances of North Carolina-specific information, or issues where the situation in California is different than it is in North Carolina. The following is a list of the significant instances of either situation, in the order they appear in the white paper, along with the relevant California-specific information.  Type of PV Technology Used: Crystalline silicon, Cadmium Telluride (CdTe), and CIGS are all being installed in California as they are in N.C. Since the publication of the N.C. report the author has confirmed the recent installation of utility-scale projects using CIGS modules, but these are still not common. Like in NC, the majority of the current PV installation capacity in California is crystalline silicon, also like NC these are generally Tier I modules. The Soscol Ferry Rd. project will use Tier I crystalline silicon modules.  Design Wind Speed: The ASCE 7-2016 design wind speed in the vast majority of California, including in Napa County where the Soscol Ferry Road Solar project is located, is 90-95 MPH, which is much lower than the design wind speeds of hurricane-prone eastern N.C. where most PV development in the state is located. A few mountainous regions of California have design wind speeds over 100 MPG, however these extreme terrains are unlikely to install ground-mounted PV systems.  Offset Electricity Fuel Mix: The white paper includes a rough estimation that the fuel mix of the generators offset by PV energy production in N.C. is 90% natural gas and 10% coal. From this mix an estimate of the reduction in cadmium emissions due to PV was calculated. The 10% coal estimate is certainly too high for California. An offset fuel mix for California could be reasonably estimated as 100% natural gas, resulting in about 75% of the cadmium emissions savings calculated for NC.  PV Module Recycling: The white paper included local reports from PV developers in North Carolina of recycling damaged PV modules. It is quite possible that the same is occurring in California, but the author does not have data on the current common waste management practices for damaged PV modules in California. The Electric Power Research Institute (EPRI) published two extensive reports on the Photovoltaic Module Recycling in the United States (April 2018) and Insights in Photovoltaic Recycling Processes in Europe (December 2017), which are great sources for current information on PV module recycling. The EPRI report on recycling in the U.S. states that there are commercial recyclers in the U.S. accepting and recycling PV modules, using processes not unlike those described in the white paper.  PV Module Washing: Unlike North Carolina, many regions of California regularly experience long periods of time with little to no rain, which can result in enough accumulation of dirton the PV modules that itjustifies occasionally washing the modules to renew their performance. In North Carolina there is generally a heavy rain often enough to keep the panels clean enough to not require manual panel washing. This difference does not have an impact on the health or safety impact of the photovoltaic modules other than perhaps some increased risk of electric shock when washing the modules. Proper installation, maintenance, and washing techniques should reduce this risk to near zero.  Vegetation Maintenance:The climate in many regions of California, including Napa County where the Soscol Ferry Road Solar project is located, cause the growth of vegetation requiring maintenance to be less vigorous than the vegetation in moist North Carolina. Thus, PV sites in California use similar vegetation maintenance techniques to North Carolina however they need to spend less time and make fewer trips to adequately maintain vegetation on site.  California Hazardous Waste Policy: o As explained in the white paper, in the United States a waste material is considered hazardous waste if the results of a Toxicity Characteristic Leaching Procedure (TCLP) test find concentrations of any of 40 hazardous chemicals above the allowed EPA concentration limit for that chemical. However, in California, materials must additionally meet the more stringent Hazardous Waste Control Law (HWCL), which is like the Reduction of Hazardous Substances (ROHS) directive, adopted in February 2003 by the European Union (EU).i o In 2015, California passed SB-489 directing the CA DTSC (Department of Toxic Substances Control) to write rules to reclassify PV modules as universal waste, even if they fail TCLP. These rules exclude physically damaged, fractured, or fragmented PV modules that are no longer recognizable as PV modules.ii A primary goal of the legislation is to allow producers of waste PV modules to avoid difficult and costly waste determination procedures. In April 2019 the CA DTSC proposed rules to implement SB- 489. After the public comment period that ended in June 2019 DTSC may adjust and adopt the rules. iii i Program on Technology Innovation: Feasibility Study on Photovoltaic Module Recycling in the United States,Technical Update, April 2018; Electric Power Research Institute (EPRI); April 2018. ii ibid iii (webpage) Beveridge & Diamond law firm; News alert: California Department of Toxic Substances Control Proposes Regulation Classifying Discarded Solar Panels as Universal Waste ;https://www.bdlaw.com/publications/california-department- of-toxic-substances-control-proposes-regulation-classifying-discarded-solar-panels-as-universal-waste/(last accessed 7/22/2019) )FBMUIBOE4BGFUZ*NQBDUTPG4PMBS 1IPUPWPMUBJDT .": 2017 1 Health and Safety Impacts of Solar Photovoltaics The increasing presence of utility-scale solar photovoltaic (PV) systems (sometimes referred to as solar farms) is a rather new development in North Carolina’s landscape. Due to the new and unknown nature of this technology, it is natural for communities near such developments to be concerned about health and safety impacts. Unfortunately, the quick emergence of utility-scale solar has cultivated fertile grounds for myths and half-truths about the health impacts of this technology, which can lead to unnecessary fear and conflict. Photovoltaic (PV) technologies and solar inverters are not known to pose any significant health dangers to their neighbors. The most important dangers posed are increased highway traffic during the relative short construction period and dangers posed to trespassers of contact with high voltage equipment. This latter risk is mitigated by signage and the security measures that industry uses to deter trespassing. As will be discussed in more detail below, risks of site contamination are much less than for most other industrial uses because PV technologies employ few toxic chemicals and those used are used in very small quantities. Due to the reduction in the pollution from fossil-fuel-fired electric generators, the overall impact of solar development on human health is overwhelmingly positive. This pollution reduction results from a partial replacement of fossil-fuel fired generation by emission-free PV-generated electricity, which reduces harmful sulfur dioxide (SO2), nitrogen oxides (NOx), and fine particulate matter (PM2.5). Analysis from the National Renewable Energy Laboratory and the Lawrence Berkeley National Laboratory, both affiliates of the U.S. Department of Energy, estimates the health-related air quality benefits to the southeast region from solar PV generators to be worth 8.0 ¢ per kilowatt-hour of solar generation.0F 1 This is in addition to the value of the electricity and suggests that the air quality benefits of solar are worth more than the electricity itself. Even though we have only recently seen large-scale installation of PV technologies, the technology and its potential impacts have been studied since the 1950s. A combination of this solar-specific research and general scientific research has led to the scientific community having a good understanding of the science behind potential health and safety impacts of solar energy. This paper utilizes the latest scientific literature and knowledge of solar practices in N.C. to address the health and safety risks associated with solar PV technology. These risks are extremely small, far less than those associated with common activities such as driving a car, and vastly outweighed by health benefits of the generation of clean electricity. This paper addresses the potential health and safety impacts of solar PV development in North Carolina, organized into the following four categories: (1) Hazardous Materials (2) Electromagnetic Fields (EMF) (3) Electric Shock and Arc Flash (4) Fire Safety 2 1. Hazardous Materials One of the more common concerns towards solar is that the panels (referred to as “modules” in the solar industry) consist of toxic materials that endanger public health. However, as shown in this section, solar energy systems may contain small amounts of toxic materials, but these materials do not endanger public health. To understand potential toxic hazards coming from a solar project, one must understand system installation, materials used, the panel end-of-life protocols, and system operation. This section will examine these aspects of a solar farm and the potential for toxicity impacts in the following subsections: (1.2) Project Installation/Construction (1.2) System Components 1.2.1 Solar Panels: Construction and Durability 1.2.2 Photovoltaic technologies (a) Crystalline Silicon (b) Cadmium Telluride (CdTe) (c) CIS/CIGS 1.2.3 Panel End of Life Management 1.2.4 Non-panel System Components (1.3) Operations and Maintenance 1.1 Project Installation/Construction The system installation, or construction, process does not require toxic chemicals or processes. The site is mechanically cleared of large vegetation, fences are constructed, and the land is surveyed to layout exact installation locations. Trenches for underground wiring are dug and support posts are driven into the ground. The solar panels are bolted to steel and aluminum support structures and wired together. Inverter pads are installed, and an inverter and transformer are installed on each pad. Once everything is connected, the system is tested, and only then turned on. Figure 1: Utility-scale solar facility (5 MWAC) located in Catawba County. Source: Strata Solar 3 1.2 System Components 1.2.1 Solar Panels: Construction and Durability Solar PV panels typically consist of glass, polymer, aluminum, copper, and semiconductor materials that can be recovered and recycled at the end of their useful life.1F 2 Today there are two PV technologies used in PV panels at utility-scale solar facilities, silicon, and thin film. As of 2016, all thin film used in North Carolina solar facilities are cadmium telluride(CdTe) panels from the US manufacturer First Solar, but there are other thin film PV panels available on the market, such as Solar Frontier’s CIGS panels. Crystalline silicon technology consists of silicon wafers which are made into cells and assembled into panels, thin film technologies consist of thin layers of semiconductor material deposited onto glass, polymer or metal substrates. While there are differences in the components and manufacturing processes of these two types of solar technologies, many aspects of their PV panel construction are very similar. Specifics about each type of PV chemistry as it relates to toxicity are covered in subsections a, b, and c in section 1.2.2; on crystalline silicon, cadmium telluride, and CIS/CIGS respectively. The rest of this section applies equally to both silicon and thin film panels. Figure 2: Components of crystalline silicon panels. The vast majority of silicon panels consist of a glass sheet on the topside with an aluminum frame providing structural support. Image Source: www.riteksolar.com.tw Figure 3: Layers of a common frameless thin-film panel (CdTe). Many thin film panels are frameless, including the most common thin-film panels, First Solar’s CdTe. Frameless panels have protective glass on both the front and back of the panel. Layer thicknesses not to scale. Image Source: www.homepower.com To provide decades of corrosion-free operation, PV cells in PV panels are encapsulated from air and moisture between two layers of plastic. The encapsulation layers are protected on the top with a layer of tempered glass and on the backside with a polymer sheet. Frameless modules include a protective layer of glass on the rear of the panel, which may also be tempered. The plastic ethylene-vinyl acetate (EVA) commonly provides the cell encapsulation. For decades, this same material has been used between layers of tempered glass to give car windshields and hurricane windows their great strength. In the same way that a car windshield cracks but stays intact, the EVA layers in PV panels keep broken panels intact (see Figure 4). Thus, a damaged module does not generally create small pieces of debris; instead, it largely remains together as one piece. 4 Figure 4: The mangled PV panels in this picture illustrate the nature of broken solar panels; the glass cracks but the panel is still in one piece. Image Source: http://img.alibaba.com/photo/115259576/broken_solar_panel.jpg PV panels constructed with the same basic components as modern panels have been installed across the globe for well over thirty years.2F 3 The long-term durability and performance demonstrated over these decades, as well as the results of accelerated lifetime testing, helped lead to an industry- standard 25-year power production warranty for PV panels. These power warranties warrant a PV panel to produce at least 80% of their original nameplate production after 25 years of use. A recent SolarCity and DNV GL study reported that today’s quality PV panels should be expected to reliably and efficiently produce power for thirty-five years.3F 4 Local building codes require all structures, including ground mounted solar arrays, to be engineered to withstand anticipated wind speeds, as defined by the local wind speed requirements. Many racking products are available in versions engineered for wind speeds of up to 150 miles per hour, which is significantly higher than the wind speed requirement anywhere in North Carolina. The strength of PV mounting structures were demonstrated during Hurricane Sandy in 2012 and again during Hurricane Matthew in 2016. During Hurricane Sandy, the many large-scale solar facilities in New Jersey and New York at that time suffered only minor damage.4F 5 In the fall of 2016, the US and Caribbean experienced destructive winds and torrential rains from Hurricane Matthew, yet one leading solar tracker manufacturer reported that their numerous systems in the impacted area received zero damage from wind or flooding.5F 6 In the event of a catastrophic event capable of damaging solar equipment, such as a tornado, the system will almost certainly have property insurance that will cover the cost to cleanup and repair the project. It is in the best interest of the system owner to protect their investment against such risks. It is also in their interest to get the project repaired and producing full power as soon as possible. Therefore, the investment in adequate insurance is a wise business practice for the system owner. For the same 5 reasons, adequate insurance coverage is also generally a requirement of the bank or firm providing financing for the project. 1.2.2 Photovoltaic (PV) Technologies a. Crystalline Silicon This subsection explores the toxicity of silicon-based PV panels and concludes that they do not pose a material risk of toxicity to public health and safety. Modern crystalline silicon PV panels, which account for over 90% of solar PV panels installed today, are, more or less, a commodity product. The overwhelming majority of panels installed in North Carolina are crystalline silicon panels that are informally classified as Tier I panels. Tier I panels are from well-respected manufacturers that have a good chance of being able to honor warranty claims. Tier I panels are understood to be of high quality, with predictable performance, durability, and content. Well over 80% (by weight) of the content of a PV panel is the tempered glass front and the aluminum frame, both of which are common building materials. Most of the remaining portion are common plastics, including polyethylene terephthalate in the backsheet, EVA encapsulation of the PV cells, polyphenyl ether in the junction box, and polyethylene insulation on the wire leads. The active, working components of the system are the silicon photovoltaic cells, the small electrical leads connecting them together, and to the wires coming out of the back of the panel. The electricity generating and conducting components makeup less than 5% of the weight of most panels. The PV cell itself is nearly 100% silicon, and silicon is the second most common element in the Earth's crust. The silicon for PV cells is obtained by high-temperature processing of quartz sand (SiO2) that removes its oxygen molecules. The refined silicon is converted to a PV cell by adding extremely small amounts of boron and phosphorus, both of which are common and of very low toxicity. The other minor components of the PV cell are also generally benign; however, some contain lead, which is a human toxicant that is particularly harmful to young children. The minor components include an extremely thin antireflective coating (silicon nitride or titanium dioxide), a thin layer of aluminum on the rear, and thin strips of silver alloy that are screen-printed on the front and rear of cell.6F 7 In order for the front and rear electrodes to make effective electrical contact with the proper layer of the PV cell, other materials (called glass frit) are mixed with the silver alloy and then heated to etch the metals into the cell. This glass frit historically contains a small amount of lead (Pb) in the form of lead oxide. The 60 or 72 PV cells in a PV panel are connected by soldering thin solder-covered copper tabs from the back of one cell to the front of the next cell. Traditionally a tin-based solder containing some lead (Pb) is used, but some manufacturers have switched to lead-free solder. The glass frit and/or the solder may contain trace amounts of other metals, potentially including some with human toxicity such as cadmium. However, testing to simulate the potential for leaching from broken panels, which is discussed in more detail below, did not find a potential toxicity threat from these trace elements. Therefore, the tiny amount of lead in the grass frit and the solder is the only part of silicon PV panels with a potential to create a negative health impact. However, as described below, the very limited amount of lead involved and its strong physical and chemical attachment to other components of the PV panel means that even in worst-case scenarios the health hazard it poses is insignificant. As with many electronic industries, the solder in silicon PV panels has historically been a lead- based solder, often 36% lead, due to the superior properties of such solder. However, recent advances in lead-free solders have spurred a trend among PV panel manufacturers to reduce or remove the lead in their panels. According to the 2015 Solar Scorecard from the Silicon Valley Toxics Coalition, a group that tracks environmental responsibility of photovoltaic panel manufacturers, fourteen companies (increased from twelve companies in 2014) manufacture PV panels certified to meet the European Restriction of 6 Hazardous Substances (RoHS) standard. This means that the amount of cadmium and lead in the panels they manufacture fall below the RoHS thresholds, which are set by the European Union and serve as the world’s de facto standard for hazardous substances in manufactured goods.7F 8 The Restriction of Hazardous Substances (RoHS) standard requires that the maximum concentration found in any homogenous material in a produce is less than 0.01% cadmium and less than 0.10% lead, therefore, any solder can be no more than 0.10% lead.8F 9 While some manufacturers are producing PV panels that meet the RoHS standard, there is no requirement that they do so because the RoHS Directive explicitly states that the directive does not apply to photovoltaic panels.9F 10 The justification for this is provided in item 17 of the current RoHS Directive: “The development of renewable forms of energy is one of the Union’s key objectives, and the contribution made by renewable energy sources to environmental and climate objectives is crucial. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (4) recalls that there should be coherence between those objectives and other Union environmental legislation. Consequently, this Directive should not prevent the development of renewable energy technologies that have no negative impact on health and the environment and that are sustainable and economically viable.” The use of lead is common in our modern economy. However, only about 0.5% of the annual lead consumption in the U.S. is for electronic solder for all uses; PV solder makes up only a tiny portion of this 0.5%. Close to 90% of lead consumption in the US is in batteries, which do not encapsulate the pounds of lead contained in each typical automotive battery. This puts the lead in batteries at great risk of leaching into the environment. Estimates for the lead in a single PV panel with lead-based solder range from 1.6 to 24 grams of lead, with 13g (less than half of an ounce) per panel seen most often in the literature.10F 11 At 13 g/panel11F 12, each panel contains one-half of the lead in a typical 12-gauge shotgun shell.12F This amount equates to roughly 1/750th of the lead in a single car battery. In a panel, it is all durably encapsulated from air or water for the full life of the panel.13F 14 As indicated by their 20 to 30-year power warranty, PV modules are designed for a long service life, generally over 25 years. For a panel to comply with its 25-year power warranty, its internal components, including lead, must be sealed from any moisture. Otherwise, they would corrode and the panel’s output would fall below power warranty levels. Thus, the lead in operating PV modules is not at risk of release to the environment during their service lifetime. In extreme experiments, researchers have shown that lead can leach from crushed or pulverized panels.14F 15, 15F 16 However, more real-world tests designed to represent typical trash compaction that are used to classify waste as hazardous or non- hazardous show no danger from leaching.16F 17, 17F 18 For more information about PV panel end-of-life, see the Panel Disposal section. As illustrated throughout this section, silicon-based PV panels do not pose a material threat to public health and safety. The only aspect of the panels with potential toxicity concerns is the very small amount of lead in some panels. However, any lead in a panel is well sealed from environmental exposure for the operating lifetime of the solar panel and thus not at risk of release into the environment. b. Cadmium Telluride (CdTe) PV Panels This subsection examines the components of a cadmium telluride (CdTe) PV panel. Research demonstrates that they pose negligible toxicity risk to public health and safety while significantly reducing the public’s exposure to cadmium by reducing coal emissions. As of mid-2016, a few hundred MWs of 7 cadmium telluride (CdTe) panels, all manufactured by the U.S. company First Solar, have been installed in North Carolina. Questions about the potential health and environmental impacts from the use of this PV technology are related to the concern that these panels contain cadmium, a toxic heavy metal. However, scientific studies have shown that cadmium telluride differs from cadmium due to its high chemical and thermal stability.18F 19 Research has shown that the tiny amount of cadmium in these panels does not pose a health or safety risk.19F 20 Further, there are very compelling reasons to welcome its adoption due to reductions in unhealthy pollution associated with burning coal. Every GWh of electricity generated by burning coal produces about 4 grams of cadmium air emissions.20F 21 Even though North Carolina produces a significant fraction of our electricity from coal, electricity from solar offsets much more natural gas than coal due to natural gas plants being able to adjust their rate of production more easily and quickly. If solar electricity offsets 90% natural gas and 10% coal, each 5-megawatt (5 MWAC, which is generally 7 MWDC) CdTe solar facility in North Carolina keeps about 157 grams, or about a third of a pound, of cadmium out of our environment.21F 22, 22F 23 Cadmium is toxic, but all the approximately 7 grams of cadmium in one CdTe panel is in the form of a chemical compound cadmium telluride, 23F 24 which has 1/100th the toxicity of free cadmium.24F 25 25F Cadmium telluride is a very stable compound that is non-volatile and non-soluble in water. Even in the case of a fire, research shows that less than 0.1% of the cadmium is released when a CdTe panel is exposed to fire. The fire melts the glass and encapsulates over 99.9% of the cadmium in the molten glass.26F 27 It is important to understand the source of the cadmium used to manufacture CdTe PV panels. The cadmium is a byproduct of zinc and lead refining. The element is collected from emissions and waste streams during the production of these metals and combined with tellurium to create the CdTe used in PV panels. If the cadmium were not collected for use in the PV panels or other products, it would otherwise either be stockpiled for future use, cemented and buried, or disposed of.27F 28 Nearly all the cadmium in old or broken panels can be recycled which can eventually serve as the primary source of cadmium for new PV panels.28F 29 Similar to silicon-based PV panels, CdTe panels are constructed of a tempered glass front, one instead of two clear plastic encapsulation layers, and a rear heat strengthened glass backing (together >98% by weight). The final product is built to withstand exposure to the elements without significant damage for over 25 years. While not representative of damage that may occur in the field or even at a landfill, laboratory evidence has illustrated that when panels are ground into a fine powder, very acidic water is able to leach portions of the cadmium and tellurium,29F 30 similar to the process used to recycle CdTe panels. Like many silicon-based panels, CdTe panels are reported (as far back ask 199830F 31) to pass the EPA’s Toxic Characteristic Leaching Procedure (TCLP) test, which tests the potential for crushed panels in a landfill to leach hazardous substances into groundwater.31F 32 Passing this test means that they are classified as non-hazardous waste and can be deposited in landfills.32F 33, 33F 34 For more information about PV panel end-of-life, see the Panel Disposal section. There is also concern of environmental impact resulting from potential catastrophic events involving CdTe PV panels. An analysis of worst-case scenarios for environmental impact from CdTe PV panels, including earthquakes, fires, and floods, was conducted by the University of Tokyo in 2013. After reviewing the extensive international body of research on CdTe PV technology, their report concluded, “Even in the worst-case scenarios, it is unlikely that the Cd concentrations in air and sea water will exceed the environmental regulation values.”34F 35 In a worst-case scenario of damaged panels abandoned on the ground, insignificant amounts of cadmium will leach from the panels. This is because this scenario is 8 much less conducive (larger module pieces, less acidity) to leaching than the conditions of the EPA’s TCLP test used to simulate landfill conditions, which CdTe panels pass.35F 36 First Solar, a U.S. company, and the only significant supplier of CdTe panels, has a robust panel take-back and recycling program that has been operating commercially since 2005.36F 37 The company states that it is “committed to providing a commercially attractive recycling solution for photovoltaic (PV) power plant and module owners to help them meet their module (end of life) EOL obligation simply, cost- effectively and responsibly.” First Solar global recycling services to their customers to collect and recycle panels once they reach the end of productive life whether due to age or damage. These recycling service agreements are structured to be financially attractive to both First Solar and the solar panel owner. For First Solar, the contract provides the company with an affordable source of raw materials needed for new panels and presumably a diminished risk of undesired release of Cd. The contract also benefits the solar panel owner by allowing them to avoid tipping fees at a waste disposal site. The legal contract helps provide peace of mind by ensuring compliance by both parties when considering the continuing trend of rising disposal costs and increasing regulatory requirements. c. CIS/CIGS and other PV technologies Copper indium gallium selenide PV technology, often referred to as CIGS, is the second most common type of thin-film PV panel but a distant second behind CdTe. CIGS cells are composed of a thin layer of copper, indium, gallium, and selenium on a glass or plastic backing. None of these elements are very toxic, although selenium is a regulated metal under the Federal Resource Conservation and Recovery Act (RCRA).37F 38 The cells often also have an extremely thin layer of cadmium sulfide that contains a tiny amount of cadmium, which is toxic. The promise of high efficiency CIGS panels drove heavy investment in this technology in the past. However, researchers have struggled to transfer high efficiency success in the lab to low-cost full-scale panels in the field.38F 39 Recently, a CIGS manufacturer based in Japan, Solar Frontier, has achieved some market success with a rigid, glass-faced CIGS module that competes with silicon panels. Solar Frontier produces the majority of CIS panels on the market today.39F 40 Notably, these panels are RoHS compliant,40F 41 thus meeting the rigorous toxicity standard adopted by the European Union even thought this directive exempts PV panels. The authors are unaware of any completed or proposed utility-scale system in North Carolina using CIS/CIGS panels. 1.2.3 Panel End-of-Life Management Concerns about the volume, disposal, toxicity, and recycling of PV panels are addressed in this subsection. To put the volume of PV waste into perspective, consider that by 2050, when PV systems installed in 2020 will reach the end of their lives, it is estimated that the global annual PV panel waste tonnage will be 10% of the 2014 global e-waste tonnage.41F 42 In the U.S., end-of-life disposal of solar products is governed by the Federal Resource Conservation and Recovery Act (RCRA), as well as state policies in some situations. RCRA separates waste into hazardous (not accepted at ordinary landfill) and solid waste (generally accepted at ordinary landfill) based on a series of rules. According to RCRA, the way to determine if a PV panel is classified as hazardous waste is the Toxic Characteristic Leaching Procedure (TCLP) test. This EPA test is designed to simulate landfill disposal and determine the risk of hazardous substances leaching out of the landfill.42F 43, 43F 44, 44F 45 Multiple sources report that most modern PV panels (both crystalline silicon and cadmium telluride) pass the TCLP test.45F 46, 46F 47 Some studies found that some older (1990s) crystalline silicon panels, and perhaps some newer crystalline silicon panels (specifics are not given about vintage of panels tested), do not pass the lead (Pb) leachate limits in the TCLP test.47F 48, 48F 49 9 The test begins with the crushing of a panel into centimeter-sized pieces. The pieces are then mixed in an acid bath. After tumbling for eighteen hours, the fluid is tested for forty hazardous substances that all must be below specific threshold levels to pass the test. Research comparing TCLP conditions to conditions of damaged panels in the field found that simulated landfill conditions provide overly conservative estimates of leaching for field-damaged panels.49F 50 Additionally, research in Japan has found no detectable Cd leaching from cracked CdTe panels when exposed to simulated acid rain.50F 51 Although modern panels can generally be landfilled, they can also be recycled. Even though recent waste volume has not been adequate to support significant PV-specific recycling infrastructure, the existing recycling industry in North Carolina reports that it recycles much of the current small volume of broken PV panels. In an informal survey conducted by the NC Clean Energy Technology Center survey in early 2016, seven of the eight large active North Carolina utility-scale solar developers surveyed reported that they send damaged panels back to the manufacturer and/or to a local recycler. Only one developer reported sending damaged panels to the landfill. The developers reported at that time that they are usually paid a small amount per panel by local recycling firms. In early 2017, a PV developer reported that a local recycler was charging a small fee per panel to recycle damaged PV panels. The local recycling firm known to authors to accept PV panels described their current PV panel recycling practice as of early 2016 as removing the aluminum frame for local recycling and removing the wire leads for local copper recycling. The remainder of the panel is sent to a facility for processing the non-metallic portions of crushed vehicles, referred to as “fluff” in the recycling industry.51F 52 This processing within existing general recycling plants allows for significant material recovery of major components, including glass which is 80% of the module weight, but at lower yields than PV-specific recycling plants. Notably almost half of the material value in a PV panel is in the few grams of silver contained in almost every PV panel produced today. In the long-term, dedicated PV panel recycling plants can increase treatment capacities and maximize revenues resulting in better output quality and the ability to recover a greater fraction of the useful materials.52F 53 PV-specific panel recycling technologies have been researched and implemented to some extent for the past decade, and have been shown to be able to recover over 95% of PV material (semiconductor) and over 90% of the glass in a PV panel. 53F 54 A look at global PV recycling trends hints at the future possibilities of the practice in our country. Europe installed MW-scale volumes of PV years before the U.S. In 2007, a public-private partnership between the European Union and the solar industry set up a voluntary collection and recycling system called PV CYCLE. This arrangement was later made mandatory under the EU’s WEEE directive, a program for waste electrical and electronic equipment.54F 55 Its member companies (PV panel producers) fully finance the association. This makes it possible for end-users to return the member companies’ defective panels for recycling at any of the over 300 collection points around Europe without added costs. Additionally, PV CYCLE will pick up batches of 40 or more used panels at no cost to the user. This arrangement has been very successful, collecting and recycling over 13,000 tons by the end of 2015.55F 56 In 2012, the WEEE Directive added the end-of-life collection and recycling of PV panels to its scope.56F 57 This directive is based on the principle of extended-producer-responsibility. It has a global impact because producers that want to sell into the EU market are legally responsible for end-of-life management. Starting in 2018, this directive targets that 85% of PV products “put in the market” in Europe are recovered and 80% is prepared for reuse and recycling. The success of the PV panel collection and recycling practices in Europe provides promise for the future of recycling in the U.S. In mid-2016, the US Solar Energy Industry Association (SEIA) announced that they are starting a national solar panel recycling program with the guidance and support of many 10 leading PV panel producers.57F 58 The program will aggregate the services offered by recycling vendors and PV manufacturers, which will make it easier for consumers to select a cost-effective and environmentally responsible end-of-life management solution for their PV products. According to SEIA, they are planning the program in an effort to make the entire industry landfill-free. In addition to the national recycling network program, the program will provide a portal for system owners and consumers with information on how to responsibly recycle their PV systems. While a cautious approach toward the potential for negative environmental and/or health impacts from retired PV panels is fully warranted, this section has shown that the positive health impacts of reduced emissions from fossil fuel combustion from PV systems more than outweighs any potential risk. Testing shows that silicon and CdTe panels are both safe to dispose of in landfills, and are also safe in worst case conditions of abandonment or damage in a disaster. Additionally, analysis by local engineers has found that the current salvage value of the equipment in a utility scale PV facility generally exceeds general contractor estimates for the cost to remove the entire PV system.58F 59, 59F 60, 60F 61 1.2.4 Non-Panel System Components (racking, wiring, inverter, transformer) While previous toxicity subsections discussed PV panels, this subsection describes the non-panel components of utility-scale PV systems and investigates any potential public health and safety concerns. The most significant non-panel component of a ground-mounted PV system is the mounting structure of the rows of panels, commonly referred to as “racking”. The vertical post portion of the racking is galvanized steel and the remaining above-ground racking components are either galvanized steel or aluminum, which are both extremely common and benign building materials. The inverters that make the solar generated electricity ready to send to the grid have weather-proof steel enclosures that protect the working components from the elements. The only fluids that they might contain are associated with their cooling systems, which are not unlike the cooling system in a computer. Many inverters today are RoHS compliant. The electrical transformers (to boost the inverter output voltage to the voltage of the utility connection point) do contain a liquid cooling oil. However, the fluid used for that function is either a non- toxic mineral oil or a biodegradable non-toxic vegetable oil, such as BIOTEMP from ABB. These vegetable transformer oils have the additional advantage of being much less flammable than traditional mineral oils. Significant health hazards are associated with old transformers containing cooling oil with toxic PCBs. Transfers with PCB-containing oil were common before PCBs were outlawed in the U.S. in 1979. PCBs still exist in older transformers in the field across the country. Other than a few utility research sites, there are no batteries on- or off-site associated with utility- scale solar energy facilities in North Carolina, avoiding any potential health or safety concerns related to battery technologies. However, as battery technologies continue to improve and prices continue to decline we are likely to start seeing some batteries at solar facilities. Lithium ion batteries currently dominate the world utility-scale battery market, which are not very toxic. No non-panel system components were found to pose any health or environmental dangers. 1.4 Operations and Maintenance – Panel Washing and Vegetation Control 11 Throughout the eastern U.S., the climate provides frequent and heavy enough rain to keep panels adequately clean. This dependable weather pattern eliminates the need to wash the panels on a regular basis. Some system owners may choose to wash panels as often as once a year to increase production, but most in N.C. do not regularly wash any PV panels. Dirt build up over time may justify panel washing a few times over the panels’ lifetime; however, nothing more than soap and water are required for this activity. The maintenance of ground-mounted PV facilities requires that vegetation be kept low, both for aesthetics and to avoid shading of the PV panels. Several approaches are used to maintain vegetation at NC solar facilities, including planting of limited-height species, mowing, weed-eating, herbicides, and grazing livestock (sheep). The following descriptions of vegetation maintenance practices are based on interviews with several solar developers as well as with three maintenance firms that together are contracted to maintain well over 100 of the solar facilities in N.C. The majority of solar facilities in North Carolina maintain vegetation primarily by mowing. Each row of panels has a single row of supports, allowing sickle mowers to mow under the panels. The sites usually require mowing about once a month during the growing season. Some sites employ sheep to graze the site, which greatly reduces the human effort required to maintain the vegetation and produces high quality lamb meat.61F 62 In addition to mowing and weed eating, solar facilities often use some herbicides. Solar facilities generally do not spray herbicides over the entire acreage; rather they apply them only in strategic locations such as at the base of the perimeter fence, around exterior vegetative buffer, on interior dirt roads, and near the panel support posts. Also unlike many row crop operations, solar facilities generally use only general use herbicides, which are available over the counter, as opposed to restricted use herbicides commonly used in commercial agriculture that require a special restricted use license. The herbicides used at solar facilities are primarily 2-4-D and glyphosate (Round-up®), which are two of the most common herbicides used in lawns, parks, and agriculture across the country. One maintenance firm that was interviewed sprays the grass with a class of herbicide known as a growth regulator in order to slow the growth of grass so that mowing is only required twice a year. Growth regulators are commonly used on highway roadsides and golf courses for the same purpose. A commercial pesticide applicator license is required for anyone other than the landowner to apply herbicides, which helps ensure that all applicators are adequately educated about proper herbicide use and application. The license must be renewed annually and requires passing of a certification exam appropriate to the area in which the applicator wishes to work. Based on the limited data available, it appears that solar facilities in N.C. generally use significantly less herbicides per acre than most commercial agriculture or lawn maintenance services. 2. Electromagnetic Fields (EMF) PV systems do not emit any material during their operation; however, they do generate electromagnetic fields (EMF), sometimes referred to as radiation. EMF produced by electricity is non- ionizing radiation, meaning the radiation has enough energy to move atoms in a molecule around (experienced as heat), but not enough energy to remove electrons from an atom or molecule (ionize) or to damage DNA. As shown below, modern humans are all exposed to EMF throughout our daily lives without negative health impact. Someone outside of the fenced perimeter of a solar facility is not exposed to significant EMF from the solar facility. Therefore, there is no negative health impact from the EMF 12 produced in a solar farm. The following paragraphs provide some additional background and detail to support this conclusion. Since the 1970s, some have expressed concern over potential health consequences of EMF from electricity, but no studies have ever shown this EMF to cause health problems.62F 63 These concerns are based on some epidemiological studies that found a slight increase in childhood leukemia associated with average exposure to residential power-frequency magnetic fields above 0.3 to 0.4 μ T (microteslas) (equal to 3.0 to 4.0 mG (milligauss)). μ T and mG are both units used to measure magnetic field strength. For comparison, the average exposure for people in the U.S. is one mG or 0.1 μ T, with about 1% of the population with an average exposure in excess of 0.4 μ T (or 4 mG).63F 64 These epidemiological studies, which found an association but not a causal relationship, led the World Health Organization’s International Agency for Research on Cancer (IARC) to classify ELF magnetic fields as “possibly carcinogenic to humans”. Coffee also has this classification. This classification means there is limited evidence but not enough evidence to designate as either a “probable carcinogen” or “human carcinogen”. Overall, there is very little concern that ELF EMF damages public health. The only concern that does exist is for long-term exposure above 0.4 μ T (4 mG) that may have some connection to increased cases of childhood leukemia. In 1997, the National Academies of Science were directed by Congress to examine this concern and concluded: “Based on a comprehensive evaluation of published studies relating to the effects of power-frequency electric and magnetic fields on cells, tissues, and organisms (including humans), the conclusion of the committee is that the current body of evidence does not show that exposure to these fields presents a human-health hazard. Specifically, no conclusive and consistent evidence shows that exposures to residential electric and magnetic fields produce cancer, adverse neurobehavioral effects, or reproductive and developmental effects.”64F 65 There are two aspects to electromagnetic fields, an electric field and a magnetic field. The electric field is generated by voltage and the magnetic field is generated by electric current, i.e., moving electrons. A task group of scientific experts convened by the World Health Organization (WHO) in 2005 concluded that there were no substantive health issues related to electric fields (0 to 100,000 Hz) at levels generally encountered by members of the public.65F 66 The relatively low voltages in a solar facility and the fact that electric fields are easily shielded (i.e., blocked) by common materials, such as plastic, metal, or soil means that there is no concern of negative health impacts from the electric fields generated by a solar facility. Thus, the remainder of this section addresses magnetic fields. Magnetic fields are not shielded by most common materials and thus can easily pass through them. Both types of fields are strongest close to the source of electric generation and weaken quickly with distance from the source. The direct current (DC) electricity produced by PV panels produce stationary (0 Hz) electric and magnetic fields. Because of minimal concern about potential risks of stationary fields, little scientific research has examined stationary fields’ impact on human health.66F 67 In even the largest PV facilities, the DC voltages and currents are not very high. One can illustrate the weakness of the EMF generated by a PV panel by placing a compass on an operating solar panel and observing that the needle still points north. While the electricity throughout the majority of a solar site is DC electricity, the inverters convert this DC electricity to alternating current (AC) electricity matching the 60 Hz frequency of the grid. Therefore, the inverters and the wires delivering this power to the grid are producing non-stationary EMF, known as extremely low frequency (ELF) EMF, normally oscillating with a frequency of 60 Hz. This frequency is at the low-energy end of the electromagnetic spectrum. Therefore, it has less energy than 13 other commonly encountered types of non-ionizing radiation like radio waves, infrared radiation, and visible light. The wide use of electricity results in background levels of ELF EMFs in nearly all locations where people spend time – homes, workplaces, schools, cars, the supermarket, etc. A person’s average exposure depends upon the sources they encounter, how close they are to them, and the amount of time they spend there.67F 68 As stated above, the average exposure to magnetic fields in the U.S. is estimated to be around one mG or 0.1 μ T, but can vary considerably depending on a person’s exposure to EMF from electrical devices and wiring.68F 69 At times we are often exposed to much higher ELF magnetic fields, for example when standing three feet from a refrigerator the ELF magnetic field is 6 mG and when standing three feet from a microwave oven the field is about 50 mG.69F 70 The strength of these fields diminish quickly with distance from the source, but when surrounded by electricity in our homes and other buildings moving away from one source moves you closer to another. However, unless you are inside of the fence at a utility-scale solar facility or electrical substation it is impossible to get very close to the EMF sources. Because of this, EMF levels at the fence of electrical substations containing high voltages and currents are considered “generally negligible”.70F 71, 71F 72 The strength of ELF-EMF present at the perimeter of a solar facility or near a PV system in a commercial or residential building is significantly lower than the typical American’s average EMF exposure.72F 73, 73F 74 Researchers in Massachusetts measured magnetic fields at PV projects and found the magnetic fields dropped to very low levels of 0.5 mG or less, and in many cases to less than background levels (0.2 mG), at distances of no more than nine feet from the residential inverters and 150 feet from the utility-scale inverters.74F 75 Even when measured within a few feet of the utility-scale inverter, the ELF magnetic fields were well below the International Commission on Non-Ionizing Radiation Protection’s recommended magnetic field level exposure limit for the general public of 2,000 mG.75F 76 It is typical that utility scale designs locate large inverters central to the PV panels that feed them because this minimizes the length of wire required and shields neighbors from the sound of the inverter’s cooling fans. Thus, it is rare for a large PV inverter to be within 150 feet of the project’s security fence. Anyone relying on a medical device such as pacemaker or other implanted device to maintain proper heart rhythm may have concern about the potential for a solar project to interfere with the operation of his or her device. However, there is no reason for concern because the EMF outside of the solar facility’s fence is less than 1/1000 of the level at which manufacturers test for ELF EMF interference, which is 1,000 mG.76F 77 Manufacturers of potentially affected implanted devices often provide advice on electromagnetic interference that includes avoiding letting the implanted device get too close to certain sources of fields such as some household appliances, some walkie-talkies, and similar transmitting devices. Some manufacturers’ literature does not mention high-voltage power lines, some say that exposure in public areas should not give interference, and some advise not spending extended periods of time close to power lines.77F 78 3. Electric Shock and Arc Flash Hazards There is a real danger of electric shock to anyone entering any of the electrical cabinets such as combiner boxes, disconnect switches, inverters, or transformers; or otherwise coming in contact with voltages over 50 Volts.78F 79 Another electrical hazard is an arc flash, which is an explosion of energy that can occur in a short circuit situation. This explosive release of energy causes a flash of heat and a shockwave, both of which can cause serious injury or death. Properly trained and equipped technicians and electricians know how to safely install, test, and repair PV systems, but there is always some risk of 14 injury when hazardous voltages and/or currents are present. Untrained individuals should not attempt to inspect, test, or repair any aspect of a PV system due to the potential for injury or death due to electric shock and arc flash, The National Electric Code (NEC) requires appropriate levels of warning signs on all electrical components based on the level of danger determined by the voltages and current potentials. The national electric code also requires the site to be secured from unauthorized visitors with either a six-foot chain link fence with three strands of barbed wire or an eight-foot fence, both with adequate hazard warning signs. 4. Fire Safety The possibility of fires resulting from or intensified by PV systems may trigger concern among the general public as well as among firefighters. However, concern over solar fire hazards should be limited because only a small portion of materials in the panels are flammable, and those components cannot self-support a significant fire. Flammable components of PV panels include the thin layers of polymer encapsulates surrounding the PV cells, polymer backsheets (framed panels only), plastic junction boxes on rear of panel, and insulation on wiring. The rest of the panel is composed of non-flammable components, notably including one or two layers of protective glass that make up over three quarters of the panel’s weight. Heat from a small flame is not adequate to ignite a PV panel, but heat from a more intense fire or energy from an electrical fault can ignite a PV panel.79F 80 One real-world example of this occurred during July 2015 in an arid area of California. Three acres of grass under a thin film PV facility burned without igniting the panels mounted on fixed-tilt racks just above the grass.80F 81 While it is possible for electrical faults in PV systems on homes or commercial buildings to start a fire, this is extremely rare.81F 82 Improving understanding of the PV-specific risks, safer system designs, and updated fire-related codes and standards will continue to reduce the risk of fire caused by PV systems. PV systems on buildings can affect firefighters in two primary ways, 1) impact their methods of fighting the fire, and 2) pose safety hazard to the firefighters. One of the most important techniques that firefighters use to suppress fire is ventilation of a building’s roof. This technique allows superheated toxic gases to quickly exit the building. By doing so, the firefighters gain easier and safer access to the building, Ventilation of the roof also makes the challenge of putting out the fire easier. However, the placement of rooftop PV panels may interfere with ventilating the roof by limiting access to desired venting locations. New solar-specific building code requirements are working to minimize these concerns. Also, the latest National Electric Code has added requirements that make it easier for first responders to safely and effectively turn off a PV system. Concern for firefighting a building with PV can be reduced with proper fire fighter training, system design, and installation. Numerous organizations have studied fire fighter safety related to PV. Many organizations have published valuable guides and training programs. Some notable examples are listed below. x The International Association of Fire Fighters (IAFF) and International Renewable Energy Council (IREC) partnered to create an online training course that is far beyond the PowerPoint click-and- view model. The self-paced online course, “Solar PV Safety for Fire Fighters,” features rich video content and simulated environments so fire fighters can practice the knowledge they’ve learned. www.iaff.org/pvsafetytraining x Photovoltaic Systems and the Fire Code: Office of NC Fire Marshal x Fire Service Training, Underwriter's Laboratory 15 x Firefighter Safety and Response for Solar Power Systems, National Fire Protection Research Foundation x Bridging the Gap: Fire Safety & Green Buildings, National Association of State Fire Marshalls x Guidelines for Fire Safety Elements of Solar Photovoltaic Systems, Orange County Fire Chiefs Association x Solar Photovoltaic Installation Guidelines, California Department of Forestry & Fire Protection, Office of the State Fire Marshall x PV Safety & Firefighting, Matthew Paiss, Homepower Magazine x PV Safety and Code Development: Matthew Paiss, Cooperative Research Network Summary The purpose of this paper is to address and alleviate concerns of public health and safety for utility-scale solar PV projects. Concerns of public health and safety were divided and discussed in the four following sections: (1) Toxicity, (2) Electromagnetic Fields, (3) Electric Shock and Arc Flash, and (4) Fire. In each of these sections, the negative health and safety impacts of utility-scale PV development were shown to be negligible, while the public health and safety benefits of installing these facilities are significant and far outweigh any negative impacts. 1 Wiser, Ryan, Trieu Mai, Dev Millstein, Jordan Macknick, Alberta Carpenter, Stuart Cohen, Wesley Cole, Bethany Frew, and Garvin A. Heath. 2016. On the Path to SunShot: The Environmental and Public Health Benefits of Achieving High Penetrations of Solar Energy in the United States. Golden, CO: National Renewable Energy Laboratory. Accessed March 2017, www.nrel.gov/docs/fy16osti/65628.pdf 2 IRENA and IEA-PVPS (2016), “End-of-Life Management: Solar Photovoltaic Panels,” International Renewable Energy Agency and International Energy Agency Photovoltaic Power Systems. 3 National Renewable Energy Laboratory, Overview of Field Experience – Degradation Rates & Lifetimes. September 14, 2015. Solar Power International Conference. Accessed March 2017, www.nrel.gov/docs/fy15osti/65040.pdf 4 Miesel et al. SolarCity Photovoltaic Modules with 35 Year Useful Life. June 2016. Accessed March 2017. http://www.solarcity.com/newsroom/reports/solarcity-photovoltaic-modules-35-year-useful-life 5 David Unger. Are Renewables Stormproof? Hurricane Sandy Tests Solar, Wind. November 2012. Accessed March 2017. http://www.csmonitor.com/Environment/Energy-Voices/2012/1119/Are-renewables-stormproof-Hurricane-Sandy-tests-solar- wind & http://www.csmonitor.com/Environment/Energy-Voices/2012/1119/Are-renewables-stormproof-Hurricane-Sandy- tests-solar-wind 6 NEXTracker and 365 Pronto, Tracking Your Solar Investment: Best Practices for Solar Tracker O&M. Accessed March 2017. www.nextracker.com/content/uploads/2017/03/NEXTracker_OandM-WhitePaper_FINAL_March-2017.pdf 7 Christiana Honsberg, Stuart Bowden. Overview of Screen Printed Solar Cells. Accessed January 2017. www.pveducation.org/pvcdrom/manufacturing/screen-printed 8 Silicon Valley Toxics Coalition. 2015 Solar Scorecard. Accessed August 2016. www.solarscorecard.com/2015/2015- SVTC-Solar-Scorecard.pdf 9 European Commission. Recast of Reduction of Hazardous Substances (RoHS) Directive. September 2016. Accessed August 2016. http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm 10 Official Journal of the European Union, DIRECTIVE 2011/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. June 2011. Accessed May 2017. http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32011L0065&from=en 11 Giancarlo Giacchetta, Mariella Leporini, Barbara Marchetti. (YDOXDWLRQRIWKH(QYLURQPHQWDO%HQH¿WVRI1HZ+LJK9DOXH Process for the Management of the End of Life of Thin Film Photovoltaic Modules. July 2013. Accessed August 2016. www.researchgate.net/publication/257408804_Evaluation_of_the_environmental_benefits_of_new_high_value_process_for_ the_management_of_the_end_of_life_of_thin_film_photovoltaic_modules 16 12 European Commission. Study on Photovoltaic Panels Supplementing The Impact Assessment for a Recast of the Weee Directive. April 2011. Accessed August 2016. http://ec.europa.eu/environment/waste/weee/pdf/Study%20on%20PVs%20Bio%20final.pdf 14 The amount of lead in a typical car battery is 21.4 pounds. Waste 360. Chaz Miller. Lead Acid Batteries. March 2006. Accessed August 2016. http://waste360.com/mag/waste_leadacid_batteries_3 15 Okkenhaug G. Leaching from CdTe PV module material results from batch, column and availability tests. Norwegian Geotechnical Institute, NGI report No. 20092155-00-6-R; 2010 16 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching Hazardous Substances out of Photovoltaic Modules. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/article/download/485/298 17 ibid 18 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 19 Bonnet, D. and P. Meyers. 1998. Cadmium-telluride—Material for thin film solar cells. J. Mater. Res., Vol. 13, No. 10, pp. 2740-2753 20 V. Fthenakis, K. Zweibel. CdTe PV: Real and Perceived EHS Risks. National Center ofr Photovoltaics and Solar Program Review Meeting, March 24-26, 2003. www.nrel.gov/docs/fy03osti/33561.pdf. Accessed May 2017 21 International Energy Agency Photovoltaic Power Systems Programme. Life Cycle Inventories and Life Cycle Assessments of Photovoltaic Systems. March 2015. Accessed August 2016. http://iea-pvps.org/index.php?id=315 22 Data not available on fraction of various generation sources offset by solar generation in NC, but this is believed to be a reasonable rough estimate. The SunShot report entitled The Environmental and Public Health Benefits of Achieving High Penetrations of Solar Energy in the United States analysis contributes significant (% not provided) offsetting of coal-fired generation by solar PV energy in the southeast. 23 7 MWDC * 1.5 GWh/MWDC * 25 years * 0.93 degradation factor * (0.1 *4.65 grams/GWh + 0.9*0.2 grams/GWh) 24 Vasilis Fthenakis. CdTe PV: Facts and Handy Comparisons. January 2003. Accessed March 2017. https://www.bnl.gov/pv/files/pdf/art_165.pdf 25 Kaczmar, S., Evaluating the Read-Across Approach on CdTe Toxicity for CdTe Photovoltaics, SETAC North America 32nd Annual Meeting, Boston, MA, November 2011. Available at: ftp://ftp.co.imperial.ca.us/icpds/eir/campo-verde- solar/final/evaluating-toxicity.pdf, Accessed May 2017 27 V. M. Fthenakis et al, Emissions and Encapsulation of Cadmium in CdTe PV Modules During Fires Renewable Progress in Photovoltaics: Research and Application: Res. Appl. 2005; 13:1–11, Accessed March 2017, www.bnl.gov/pv/files/pdf/abs_179.pdf 28 Fthenakis V.M., Life Cycle Impact Analysis of Cadmium in CdTe Photovoltaic Production, Renewable and Sustainable Energy Reviews, 8, 303-334, 2004. www.clca.columbia.edu/papers/Life_Cycle_Impact_Analysis_Cadmium_CdTe_Photovoltaic_productio n.pdf, Accessed May 2017 29 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. 30 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching Hazardous Substances out of Photovoltaic Modules. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/article/download/485/298 31 Cunningham D., Discussion about TCLP protocols, Photovoltaics and the Environment Workshop, July 23-24, 1998, Brookhaven National Laboratory, BNL-52557 32 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 33 Practical Handbook of Photovoltaics: Fundamentals and Applications. T. Markvart and L. Castaner. Chapter VII-2: Overview of Potential Hazards. December 2003. Accessed August 2016. https://www.bnl.gov/pv/files/pdf/art_170.pdf 34 Norwegian Geotechnical Institute. Environmental Risks Regarding the Use and End-of-Life Disposal of CdTe PV Modules. April 2010. Accessed August 2016. https://www.dtsc.ca.gov/LawsRegsPolicies/upload/Norwegian-Geotechnical-Institute- Study.pdf 35 First Solar. Dr. Yasunari Matsuno. December 2013. August 2016. Environmental Risk Assessment of CdTe PV Systems to be considered under Catastrophic Events in Japan. http://www.firstsolar.com/-/media/Documents/Sustainability/Peer- Reviews/Japan_Peer-Review_Matsuno_CdTe-PV-Tsunami.ashx 36 First Solar. Parikhit Sinha, Andreas Wade. Assessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. 2015 IEEE 37 See p. 22 of First Solar, Sustainability Report. Available at: www.firstsolar.com/-/media/First- Solar/Sustainability-Documents/03801_FirstSolar_SustainabilityReport_08MAR16_Web.ashx, Accessed May 2017 17 38 40 CFR §261.24. Toxicity Characteristic. May 2017. Accessed May 2017. https://www.ecfr.gov/cgi-bin/text- idx?node=se40.26.261_124&rgn=div8 39 Office of Energy Efficiency & Renewable Energy. Copper Indium Gallium Diselenide. Accessed March 2017. https://www.energy.gov/eere/sunshot/copper-indium-gallium-diselenide 40 Mathias Maehlum. Best Thin Film Solar Panels – Amorphous, Cadmium Telluride or CIGS? April 2015. Accessed March 2017. http://energyinformative.org/best-thin-film-solar-panels-amorphous-cadmium-telluride-cigs/ 41 RoHS tested certificate for Solar Frontier PV modules. TUVRheinland, signed 11.11.2013 42 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publications/IRENA_IEAPVPS_End-of-Life_Solar_PV_Panels_2016.pdf 43 40 C.F.R. §261.10. Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste. November 2016. Accessed November 2016 http://www.ecfr.gov/cgi-bin/text- idx?SID=ce0006d66da40146b490084ca2816143&mc=true&node=pt40.26.261&rgn=div5#sp40.28.261.b 44 40 C.F.R. §261.24 Toxicity Characteristic. November 2016. Accessed November 2016. http://www.ecfr.gov/cgi-bin/text- idx?SID=ce0006d66da40146b490084ca2816143&mc=true&node=pt40.26.261&rgn=div5#se40.28.261_124 45 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publications/IRENA_IEAPVPS_End-of-Life_Solar_PV_Panels_2016.pdf 46 TLCP test results from third-party laboratories for REC, Jinko, and Canadian Solar silicon-based panels. Provided by PV panel manufacturers directly or indirectly to authors 47 Sinovoltaics, Introduction to Solar Panel Recycling, March 2014. Accessed October 2016. http://sinovoltaics.com/solar- basics/introduction-to-solar-panel-recycling/ 48 Brookhaven National Laboratory. Vasilis Fthenakis, Regulations on Photovoltaic Module Disposal and Recycling. January 29, 2001. 49 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. 50 First Solar. Parikhit Sinha, Andreas Wade. Assessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. October 2015. Accessed August 2016. http://www.firstsolar.com/- /media/Documents/Sustainability/PVSC42-Manuscript-20150912--Assessment-of-Leaching-Tests-for-Evaluating-Potential- Environmental-Impa.ashx 51 First Solar. Dr. Yasunari Matsuno. December 2013. Environmental Risk Assessment of CdTe PV Systems to be considered under Catastrophic Events in Japan. http://www.firstsolar.com/-/media/Documents/Sustainability/Peer- Reviews/Japan_Peer-Review_Matsuno_CdTe-PV-Tsunami.ashx 52 Phone interview, February 3, 2016, TT&E Iron & Metal, Garner, NC www.ncscrapmetal.com/ 53 Wen-His Huang, et al. Strategy and Technology To Recycle Water-silicon Solar Modules. Solar Energy, Volume 144, March 2017, Pages 22-31 54 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publications/IRENA_IEAPVPS_End-of-Life_Solar_PV_Panels_2016.pdf 55 Official Journal of the European Union. Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on Waste Electrical and Electronic Equipment. July 2012. Accessed November 2016. http://eur- lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012L0019 56 PV CYCLE. Annual Report 2015. Accessed November 2016. https://pvcyclepublications.cld.bz/Annual-Report-PV- CYCLE-2015/6-7 57 Official Journal of the European Union. Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on Waste Electrical and Electronic Equipment. July 2012. Accessed November 2016. http://eur- lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012L0019 58 SEIA National PV Recycling Program: www.seia.org/seia-national-pv-recycling-program 59 RBI Solar, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in June 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezonings/RZ2015-05_DecommissioningPlan.pdf 60 Birdseye Renewables, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in May 2015. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezonings/RZ2015- 04_DecommissioningPlan.pdf 61 Cypress Creek Renewables, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in September 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezonings/RZ2016- 06decommission.pdf 62 Sun Raised Farms: http://sunraisedfarms.com/index.html 63 National Institute of Environmental Health Sciences and National Institutes of Health, EMF: Electric and Magnetic Fields Associated with Electric Power: Questions and Answers, June 2002 18 64 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Frequency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/en/ 65 Committee on the Possible Effects of Electromagnetic Fields on Biologic Systems, National Research Council, Possible Health Effects of Exposure to Residential Electric and Magnetic Fields, ISBN: 0-309-55671-6, 384 pages, 6 x 9, (1997) This PDF is available from the National Academies Press at: http://www.nap.edu/catalog/5155.html 66 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Frequency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/en/ 67 World Health Organization. Electromagnetic Fields and Public Health: Static Electric and Magnetic Fields. March 2006. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs299/en/ 68 Asher Sheppard, Health Issues Related to the Static and Power-Frequency Electric and Magnetic Fields (EMFs) of the Soitec Solar Energy Farms, April 30, 2014. Accessed March 2017: www.sandiegocounty.gov/content/dam/sdc/pds/ceqa/Soitec-Documents/Final-EIR-Files/Appendix_9.0-1_EMF.pdf 69 Massachusetts Clean Energy Center. Study of Acoustic and EMF Levels from Solar Photovoltaic Projects. December 2012. Accessed August 2016. 70 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequently_asked_questions.asp 71 National Institute of Environmental Health Sciences, Electric and Magnetic Fields Associate with the use of Electric Power: Questions and Answers, 2002. Accessed November 2016 www.niehs.nih.gov/health/materials/electric_and_magnetic_fields 72 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequently_asked_questions.asp 73 R.A. Tell et al, Electromagnetic Fields Associated with Commercial Solar Photovoltaic Electric Power Generating Facilities, Journal of Occupational and Environmental Hygiene, Volume 12, 2015,- Issue 11. Abstract Accessed March 2016: http://www.tandfonline.com/doi/full/10.1080/15459624.2015.1047021 74 Massachusetts Department of Energy Resources, Massachusetts Department of Environmental Protection, and Massachusetts Clean Energy Center. Questions & Answers: Ground-Mounted Solar Photovoltaic Systems. June 2015. Accessed August 2016. http://www.mass.gov/eea/docs/doer/renewables/solar/solar-pv-guide.pdf 75 Ibid. 76 Ibid. 77 EMFs and medical devices, Accessed March 2017. www.emfs.info/effects/medical-devices/ 78 ibid. 79 Damon McCluer. Electrical Construction & Maintenance: NFPA 70E’s Approach to Considering DC Hazards. September 2013. Accessed October 2016. http://ecmweb.com/safety/nfpa-70e-s-approach-considering-dc-hazards, 80 Hong-Yun Yang, et. al. Experimental Studies on the Flammability and Fire Hazards of Photovoltaic Modules, Materials. July 2015. Accessed August 2016. http://www.mdpi.com/1996-1944/8/7/4210/pdf 81 Matt Fountain. The Tribune. Fire breaks out at Topaz Solar Farm. July 2015. Accessed August 2016. www.sanluisobispo.com/news/local/article39055539.html 82 Cooperative Research Network. Matthew Paiss. Tech Surveillance: PV Safety & Code Developments. October 2014. Accessed August 2016. http://www.nreca.coop/wp-content/uploads/2013/06/ts_pv_fire_safety_oct_2014.pdf Published by the N.C. Clean Energy Technology Center at N.C. State University                 TPE IL KE105, LLC Aerial 1 TPE IL KE105, LLC Aerial 2 TPE IL KE105, LLC Aerial 3 TPE IL KE105, LLC Aerial 4 TPE IL KE105, LLC Aerial 5 TPE IL KE105, LLC Aerial 6 TPE IL KE105, LLC AnƟcipated View North of Proposed Facility Access, Cannonball Trail TPE IL KE105, LLC AnƟcipated View Velazquez Driveway TPE IL KE105, LLC AnƟcipated View 40 Cannonball Trail TPE IL KE105, LLC AnƟcipated View Southeast Corner Bristol Tap Parking Lot                          Y  www.cohnreznick.com REAL ESTATE ADJACENT PROPERTY VALUE IMPACT REPORT: Academic and Peer Authored Property Value Impact Studies, Research and Analysis of Existing Solar Facilities, and Market Participant and Assessor Interviews Prepared For: TPE Development, LLC Submitted By: CohnReznick LLP Valuation Advisory Services 200 S. Wacker Drive, Suite 2600 Chicago, Illinois 60606 (312) 508-5900 Patricia L. McGarr, MAI, CRE, FRICS Andrew R. Lines, MAI Erin C. Bowen, MAI June 29, 2022 Prepared for TPE Development, LLC Page | 2 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. LETTER OF TRANSMITTAL June 29, 2022 Adam Beal Executive Vice President of Development TPE Development, LLC 3720 South Dahlia Street Denver, CO 80237 SUBJECT: Property Value Impact Report An Analysis of Existing Solar Farms To Whom it May Concern: CohnReznick is pleased to submit the accompanying property values impact report for proposed solar energy uses in Illinois. Per the client’s request, CohnReznick researched property transactions adjacent to existing solar farms, researched and analyzed articles and other published studies, and interviewed real estate professionals and Township/County Assessors active in the market where solar farms are located, to gain an understanding of actual market transactions in the presence of solar energy uses. The purpose of this consulting assignment is to determine whether proximity to a renewable energy use (solar farm) has an impact adjacent property values. The intended use of our opinions and conclusions is to assist the client in addressing local concerns and to provide information that local bodies are required to consider in their evaluation of solar project use applications. We have not been asked to value any specific property, and we have not done so. The client and intended user for the assignment is TPE Development, LLC (“Turning Point”). Additional intended users of our findings include Turning Point’s designated project companies, all relevant permitting authorities for Turning Point’s proposed solar projects in Illinois. The report may be used only for the aforementioned purpose and may not be distributed without the written consent of CohnReznick LLP (“CohnReznick”). This consulting assignment is intended to conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, as well as applicable state appraisal regulations. Based on the analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed in the report, our findings are: Prepared for TPE Development, LLC Page | 3 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. FINDINGS I. Academic Studies (pages 19-21): CohnReznick reviewed and analyzed published academic studies that specifically analyzed the impact of solar facilities on nearby property values. These studies include multiple regression analyses of hundreds and thousands of sales transactions, and opinion surveys, for both residential homes and farmland properties in rural communities, which concluded existing solar facilities have had no negative impact on adjacent property values. Peer Authored Studies: CohnReznick also reviewed studies prepared by other real estate valuation experts that specifically analyzed the impact of solar facilities on nearby property values. These studies found little to no measurable or consistent difference in value between the Test Area Sales and the Control Area Sales attributed to the proximity to existing solar farms and noted that solar energy uses are generally considered a compatible use. II. CohnReznick Studies (pages 22-92): Further, CohnReznick has performed 26 studies in over 15 states, of both residential and agricultural properties, in which we have determined that the existing solar facilities have not caused any consistent and measurable negative impact on property values. For this Project, we have included 10 of these studies which are most similar to the subject in terms of general location and size, summarized as follows: It is noted that proximity to the solar farms has not deterred sales of nearby agricultural land and residential single-family homes nor has it deterred the development of new single-family homes on adjacent land. This report also includes two “Before and After” analysis, in which sales that occurred prior to the announcement and construction of the solar farm project were compared with sales that occurred after completion of the solar farm project, for both adjoining and non-adjoining properties. No measurable impact on property values was demonstrated. Solar Farm Location Site Area (Acres) Power Output (MW AC) Date Project Completed Impact on Surrounding Property Values 1 Portage Solar Porter County, IN 56 2.0 Sep-12 No Impact 2 Lapeer (Demille & Turrill Solar) Lapeer County, MI 270 48.0 May-17 No Impact 3 Grand Ridge Solar LaSalle County, IL 158 20.0 Dec-10 No Impact 4 Woodland Solar Isle of Wight County, VA 204 19.0 Dec-16 No Impact 5 Dominion Indy Solar III Marion County, IN 134 8.6 Dec-13 No Impact 6 Sunfish Farm Solar Wake County, NC 50 5.0 Dec-15 No Impact 7 Call Farms 3 Solar Genesee County, NY 82 2.0 Jul-18 No Impact 8 IMPA Frankton Madison County, IN 13 1.4 Jun-14 No Impact 9 Jefferson County Community Jefferson County, CO 13 1.2 May-16 No Impact 10 Valparaiso Solar, LLC Porter County, IN 28 1.0 Dec-12 No Impact CohnReznick - Existing Solar Farms Studied Prepared for TPE Development, LLC Page | 4 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. III. Market Participant Interviews (pages 93-95): Our conclusions also consider interviews with over 45 County and Township Assessors, who have at least one solar farm in their jurisdiction, and in which they have determined that solar farms have not negatively affected adjacent property values. With regards to the Project, we specifically interviewed Assessors in Illinois: x In Otter Creek Township, in LaSalle County, Illinois, we spoke with Viki Crouch, the Township Assessor, who she said that there has been no impact on property values due to their proximity to the Grand Ridge Solar Farm. x We spoke with Ken Crowley, Rockford Township Assessor in Winnebago County, Illinois, who stated that he has seen no impact on property values in his township as an effect of proximity to the Rockford Solar Farm. x We spoke with James Weisiger, the Champaign Township Assessor in Champaign County, where the University of Illinois Solar Farm is located, and he noted there appears to have been no impact on property values as a result of proximity to the solar farm. To give us additional insight as to how the market evaluates farmland and single-family homes with views of solar farms, we interviewed numerous real estate brokers and other market participants who were party to actual sales of property adjacent to solar; these professionals also confirmed that solar farms did not diminish property values or marketability in the areas they conducted their business. IV. Solar Farm Factors on Harmony of Use (pages 98-103): In the course of our research and studies, we have recorded information regarding the compatibility of these existing solar facilities and their adjoining uses, including the continuing development of land adjoining these facilities. CONCLUSION Considering all of the preceding, the data indicates that solar facilities do not have a negative impact on adjacent property values. Prepared for TPE Development, LLC Page | 5 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Very truly yours, CohnReznick LLP Andrew R. Lines, MAI Principal Certified General Real Estate Appraiser Illinois License No. 553.001841 Expires 9/30/2023 Indiana License No. CG41500037 Expires 6/30/2022 Patricia L. McGarr, MAI, CRE, FRICS National Director - Valuation Advisory Services Certified General Real Estate Appraiser Illinois License No. #553.000621 Expires 9/30/2023 Indiana License No. #CG49600131 Expires 6/30/2022 Michigan License No. 1201072979 Expires 7/31/2022 Erin C. Bowen, MAI Senior Manager Certified General Real Estate Appraiser Arizona License No. 32052 Expires 12/31/2022 Prepared for TPE Development, LLC Page | 6 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TABLE OF CONTENTS LETTER OF TRANSMITTAL .................................................................................................................................................................. 2 FINDINGS .............................................................................................................................................................................. 3 CONCLUSION ......................................................................................................................................................................... 4 SCOPE OF WORK ............................................................................................................................................................................... 8 CLIENT AND INTENDED USERS ................................................................................................................................................ 8 INTENDED USE ...................................................................................................................................................................... 8 PURPOSE .............................................................................................................................................................................. 8 DEFINITION OF VALUE ............................................................................................................................................................ 8 EFFECTIVE DATE & DATE OF REPORT .................................................................................................................................... 9 PRIOR SERVICES ................................................................................................................................................................... 9 INSPECTION ........................................................................................................................................................................... 9 OVERVIEW OF SOLAR DEVELOPMENT IN THE UNITED STATES ......................................................................................................... 10 NATIONAL COMMUNITY SOLAR ENERGY PRODUCTION ........................................................................................................... 13 SOLAR ENERGY PRODUCTION IN ILLINOIS ............................................................................................................................. 14 APPRAISAL THEORY – ADAJCENT PROPERTY’S IMPACT ON VALUE .................................................................................................. 15 METHODOLOGY ................................................................................................................................................................... 16 SCOPE OF WORK................................................................................................................................................................. 17 TECHNIQUE 1: REVIEW OF PUBLISHED STUDIES .............................................................................................................................. 19 ACADEMIC REPORTS ........................................................................................................................................................... 19 VALUATION EXPERT REPORTS ............................................................................................................................................. 20 REAL ESTATE ASSESSOR SOLAR IMPACT REPORTS .............................................................................................................. 21 CONCLUSION ....................................................................................................................................................................... 21 TECHNIQUE 2: PAIRED SALE ANALYSIS ............................................................................................................................................ 22 SOLAR FARM 1: DTE LAPEER SOLAR PROJECT, LAPEER, MICHIGAN ...................................................................................... 22 SOLAR FARM 2: GRAND RIDGE SOLAR FARM, LASALLE COUNTY, ILLINOIS ............................................................................. 45 SOLAR FARM 3: WOODLAND SOLAR FARM, ISLE OF WIGHT COUNTY, VIRGINIA ....................................................................... 50 SOLAR FARM 4: DOMINION INDY SOLAR III, MARION COUNTY, INDIANA .................................................................................. 55 SOLAR FARM 5: SUNFISH FARM SOLAR, WAKE COUNTY, NORTH CAROLINA ........................................................................... 67 SOLAR FARM 6: CALL FARMS 3 SOLAR, BATAVIA, GENESSEE COUNTY, NEW YORK ................................................................ 74 SOLAR FARM 7: PORTAGE SOLAR FARM, PORTAGE, PORTER COUNTY, INDIANA .................................................................... 22 SOLAR FARM 8: IMPA FRANKTON SOLAR FARM, FRANKTON, INDIANA ................................................................................... 78 SOLAR FARM 9: JEFFERSON COUNTY COMMUNITY SOLAR GARDEN, JEFFERSON COUNTY, COLORADO ................................... 84 SOLAR FARM 10: VALPARAISO SOLAR, VALPARAISO, PORTER COUNTY, INDIANA ................................................................... 89 TECHNIQUE 3: MARKET COMMENTARY .......................................................................................................................................... 94 SOLAR FARM FACTORS ON HARMONY OF USE ................................................................................................................................ 97 SUMMARY AND FINAL CONCLUSIONS ........................................................................................................................................... 104 Prepared for TPE Development, LLC Page | 7 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. CERTIFICATION .............................................................................................................................................................................. 106 ASSUMPTIONS AND LIMITING CONDITIONS .................................................................................................................................. 108 ADDENDUM A: APPRAISER QUALIFICATIONS ............................................................................................................................... 112 Prepared for TPE Development, LLC Page | 8 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SCOPE OF WORK CLIENT AND INTENDED USERS The client and intended user of this report is TPE Development, LLC and it's designated project companies; other intended users may include the client’s legal and site development professionals. Additional intended users of our findings include all relevant permitting authorities for Turning Point’s proposed solar projects in Illinois. INTENDED USE The intended use of our findings and conclusions is to address certain criteria required for the granting of approvals for proposed solar energy uses. We have not been asked to value any specific property, and we have not done so. The report may be used only for the aforementioned purpose and may not be distributed without the written consent of CohnReznick LLP (“CohnReznick”). PURPOSE The purpose of this consulting assignment is to determine whether proximity to the proposed solar facility will result in an impact on adjacent property values. DEFINITION OF VALUE This report utilizes Market Value as the appropriate premise of value. Market value is defined as: “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.”1 1 Code of Federal Regulations, Title 12, Chapter I, Part 34.42[h] Prepared for TPE Development, LLC Page | 9 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. EFFECTIVE DATE & DATE OF REPORT June 29, 2022 (Paired sale analyses contained within each study are periodically updated.) PRIOR SERVICES USPAP requires appraisers to disclose to the client any services they have provided in connection with the subject property in the prior three years, including valuation, consulting, property management, brokerage, or any other services. This report is a compilation of the Existing Solar Farms which we have studied over the past year, and is not evaluating a specific subject site. In this instance, there is no “subject property” to disclose. INSPECTION Patricia L. McGarr, MAI, CRE, FRICS, Andrew R. Lines, MAI, and Erin C. Bowen, MAI have viewed the exterior of all comparable data referenced in this report in person, via photographs, or aerial imagery. Prepared for TPE Development, LLC Page | 10 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. OVERVIEW OF SOLAR DEVELOPMENT IN THE UNITED STATES Solar development increased almost exponentially since 2010 in the United States as technology and the economic incentives (Solar Investment Tax Credits or ITC) made the installation of solar farms economically reasonable. The cost to install solar panels has dropped nationally by 70 percent from 2010 to 2020, a major reason leading to the increase in installations. A majority of these solar farm installations are attributed to larger- scale solar farm developments for utility purposes. The chart below portrays the historical increase on an annual basis of solar installations in the U.S. as a whole, as well as the base case projections through 2026, courtesy of research by Solar Energy Industries Association (SEIA) and Wood Mackenzie. The United States installed a record of 23.6 Gigawatts (GW) DC of solar photovoltaic capacity for all the sectors, residential, commercial, community solar and utility-scale solar projects in 2021, an increase of 19 percent over 2020. Prepared for TPE Development, LLC Page | 11 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Overall, solar power generation accounted for 46 percent of all new electricity-generating capacity additions from in 2021 and continues to make up the largest share of new generating capacity in the U.S. The US solar industry had the weakest quarter in two years for solar installation, with 3.9 gigawatts-direct current (GWdc) of capacity installed, a 24 percent decrease from the first quarter 2021. Supply chain constraints and shipment delays have slowed the installation process and as a result, the US solar industry is expected to have 15.6 GWdc installed in 2022. Despite continued installation growth, 2022 is predicted to be challenging for the solar industry. Thanks to ongoing supply chain constraints and price increases, Wood Mackenzie has lowered the 2022 outlook by 25 percent, a decrease of 7.4 GWdc. However, the 2022 outlook for community solar segments have only been lowered by 0.3 percent. The beginning dates for operation of multiple gigawatts of projects have been pushed from 2022 into 2023 or later. The projects likely to come online in 2022 already have secured equipment, as of the end of 2021. The ITC extension scenario would result in an additional 43.5 GWdc of solar capacity over the next five years, most of which would come from utility-scale solar. The chart below presents the base case forecast for solar installations and projections for an ITC extension scenario.2 Recent articles show that over the past decade, the solar industry has experienced unprecedented growth. Among the factors contributing to its growth were government incentives, significant capacity additions from existing and new entrants and continual innovation. Solar farms offer a wide array of economic and environmental benefits to surrounding properties. Unlike other energy sources, solar energy does not produce emissions that may cause negative health effects or environmental damage. Solar farms produce a lower 2 U.S. Solar Market Insight, Executive Summary, Q4 2021, Solar Energy Industries Association (SEIA). Prepared for TPE Development, LLC Page | 12 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. electromagnetic field exposure than most household appliances, such as TV and refrigerators, and studies have confirmed there are no health issues related to solar farms.3 Solar farm construction in rural areas has also dramatically increased the tax value of the land on which they are built, which has provided a financial boost to some counties. CohnReznick has studied real estate tax increases due to the installation of solar, which can range up to 10-12 times the rate for farmland. A majority of tax revenue is funneled back into the local area, and as much as 50 percent of increased tax revenue can typically be allocated to the local school district. By converting farmland to a passive solar use for the duration of the system’s life, the solar energy use does not burden school systems, utilities, traffic, nor infrastructure as it is a passive use that does not increase population as say a residential subdivision would. In the state of Illinois, the fair cash value for a commercial solar energy system is based on its nameplate capacity per megawatt. Beginning assessment year 2018, in counties with fewer than 3,000,000 inhabitants, the fair cash value of a commercial solar energy system is $218,000 per megawatt of nameplate capacity. This includes the owner of the commercial solar energy system’s interest in the land within the project boundaries and real property improvements. The chief county assessment officer (CCAO) will add an inflationary increase, called a “trending factor” to the 2018 value. The result is called the “trended real property cost basis.” An amount for depreciation is then subtracted from the trended real property cost basis to determine the taxable value for the current assessment year. Beyond creating jobs, solar farms are also benefiting the overall long-term agricultural health of the community. The unused land, and also all the land beneath the solar panels, will be left to rejuvenate naturally. In the long run this is a better use of land since the soil is allowed to recuperate instead of being ploughed and fertilized year after year. A solar farm can offer some financial security for the property owner over 20 to 25 years. Once solar panel racking systems are removed, the land can revert to its original use.4 3 “Electromagnetic Field and Public Health.” Media Centre (2013): 1-4. World Health Organization. 4 NC State Extension. (May 2016). Landowner Solar Leasing: Contract Terms Explained. Retrieved from: https://content.ces.ncsu.edu/landowner-solar-leasing-contract-terms-explained Prepared for TPE Development, LLC Page | 13 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. NATIONAL COMMUNITY SOLAR ENERGY PRODUCTION Community solar projects (facilities that generate 5 MW AC or less of power) account for 4,900 MWdc of installed power in the U.S. as of the second quarter 2022, according to SEIA data. The community solar industry had a record setting year in 2021 with 957 MWdc installed, according to SEIA data. According to the U.S. Energy Information Administration (EIA) through March 2022, there are over 4,033 community solar facilities in operation across the country. Community solar installations significantly grew year-over-year as of first quarter 2022, however, installations are down 59 percent from the fourth quarter 2021. Due to uncertainty around the anti-circumvention investigation, supply chain issues, and long timelines for new community solar policies, community solar installations are expected to contract in 2022. The growth of community solar installations from 2014 to 2021 is presented in the chart below. Illinois community solar installations rank in the top eight states. Prepared for TPE Development, LLC Page | 14 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Reductions in some states are offset by increases in other markets, particularly in Illinois. The Illinois Energy Transition Act revives funding for the Adjustable Block Program, laying out a pathway for completing waitlisted projects. If an ITC extension is passed as part of the BBB Act, community solar would see a small 3 percent uplift from 2022 to 2027 compared to the base case, as shown in the chart below. While early growth for community solar installations was led primarily by three key markets - New York, Minnesota, and Massachusetts - a growing list of states with community solar programs have helped diversify the market, creating large pipelines set to come to fruition over the next several years. SOLAR ENERGY PRODUCTION IN ILLINOIS As of the end of the first two quarters of 2022, Illinois had 641.3 MW AC of power installed in 112 facilities overall, ranking seventeenth in the U.S. for the capacity of solar installed. The vast majority of solar farms in Illinois are community solar facilities (105) generating 194.4 MW AC, of power as of March 2022, according to the EIA. Illinois has 1,678.2 MW AC of solar power planned for installation through December 2022 in 12 facilities across the state. Nine of the planned solar installations in Illinois are utility scale and total 1,672.2 MW AC, or 99 percent of all planned installations. Additionally, there is a total of 3,712 MW planned over the next five years. The largest new solar facility in Illinois will be a 600 MW AC utility scale installation projected to become operational in December 2024 in Lee County, that is being developed by Steward Creek Solar. The total planned solar facilities will increase solar power generation in the state by approximately 262 percent. There are 3 community solar projects planned for the state of Illinois before the end of 2022, generating a total of 6.0 MW AC of power. Prepared for TPE Development, LLC Page | 15 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. APPRAISAL THEORY – ADJACENT PROPERTY’S IMPACT ON VALUE According to Randall Bell, PhD, MAI, author of text Real Estate Damages, published by the Appraisal Institute in 2016, understanding the market’s perceptions on all factors that may have an influence on a property’s desirability (and therefore its value) is essential in determining if a diminution or enhancement of value has occurred.5 According to Dr. Bell: “There is often a predisposition to believe that detrimental conditions automatically have a negative impact on property values. However, it is important to keep in mind that if a property’s value is to be affected by a negative condition, whether internal or external to the property, that condition must be given enough weight in the decision-making process of buyers and sellers to have a material effect on pricing relative to all the other positive and negative attributes that influence the value of that particular property.”6 Market data and empirical research through the application of the three traditional approaches to value should be utilized to estimate the market value to determine if there is a material effect on pricing due, to the influence of a particular characteristic of or on a property. A credible impact analysis is one that is logical, innate, testable and repeatable, prepared in conformity with approved valuation techniques. In order to produce credible assignment results, more than one valuation technique should be utilized for support for the primary method, or a check of reasonableness, such as utilization of more than one approach to value, conducting a literature review, or having discussions (testimony) with market participants.7 CohnReznick implemented the scientific method 8 to determine if a detrimental condition of proximity to a solar farm exists, further described in the next section. 5 Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Pages 1-2) 6 Ibid, Page 314 7 Ibid, Pages 7-8 8 The scientific method is a process that involves observation, development of a theory, establishment of a hypothesis, and testing. The valuation process applies principles of the scientific method as a model, based upon economic principles (primarily substitution) as the hypothesis. The steps for the scientific method are outlined as follows: 1. Identify the problem. 2. Collect relevant data. 3. Propose a hypothesis. 4. Test the hypothesis. 5. Assess the validity of the hypothesis. Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Pages 314-316) Prepared for TPE Development, LLC Page | 16 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. METHODOLOGY The purpose of this report is to determine whether proximity to the solar facility resulted in any measurable and consistent impact on adjacent property values. To test this hypothesis, CohnReznick identified three relevant techniques to test if a detrimental condition exists. (1) A review of published studies; (2) Paired sale analysis of properties adjacent to existing solar generating facilities, which may include repeat sale analyses or “Before and After” analyses; and, (3) Interviews with real estate professionals and local real estate assessors. The paired sales analysis is an effective method of determining if there is a detrimental impact on surrounding properties. “One of the most useful applications of the sales comparison approach is paired sale analysis. This type of analysis may compare the subject property or similarly impacted properties called Test Areas (at Points B, C, D, E, or F) with unimpaired properties called Control Areas (Point A). A comparison may also be made between the unimpaired value of the subject property before and after the discovery of a detrimental condition. If a legitimate detrimental condition exists, there will likely be a measurable and consistent difference between the two sets of market data; if not, there will likely be no significant difference between the two sets of data. This process involves the study of a group of sales with a detrimental condition, which are then compared to a group of otherwise similar sales without the detrimental condition.”9 As an approved method, paired sales analysis can be utilized to extract the effect of a single characteristic on value. By definition, paired data analysis is “a quantitative technique used to identify and measure adjustments to the sale prices or rents of comparable properties; to apply this technique, sales or rental data on nearly identical properties is analyzed to isolate a single characteristic’s effect on value or rent.”10 The text further describes that this method is theoretically sound when an abundance of market data, or sale transactions, is available for analysis. Where data is available, CohnReznick has also prepared “Before and After” analyses or a Repeat Sale Analysis,11 to determine if a detrimental impact has occurred. 9 Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Page 33) 10 The Appraisal of Real Estate 14 th Edition. Chicago, IL: Appraisal Institute, 2013. 11 Another type of paired sales analysis involves studying the sale and subsequent resale of the same property. This method is used to determine the influence of time on market values or to determine the impact of a detrimental condition by comparing values before and after the discovery of the condition. Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Page 35) Prepared for TPE Development, LLC Page | 17 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SCOPE OF WORK The scope of work utilized to test the hypothesis stated on the prior page is as follows: 1. Review published studies, assess credibility, and validity of conclusions; 2. Prepare paired sale analyses for existing solar farms as follows: 2.1. Identify existing solar farms comparable to the proposed project to analyze; 2.2. Define Test Area Sales and Control Areas Sales; 2.3. Collect market data (sale transactions) for both Test Area and Control Area Sales; 2.4. Analyze and confirm sales, including omission of sales that are not reflective of market value; 2.5. Prepare comparative analysis of Test Area and Control Area sales, adjusting for market conditions; 2.6. Interpret calculations; and 3. Conduct interviews with real estate professionals and local real estate assessors who have evaluated real property adjacent to existing solar farms. It should be noted that our impact report data and methodology have been previously reviewed by our peer in the field – Kirkland Appraisals, LLC – as well as by the Solar Energy Industries Association (SEIA). The following bullet points summarize important elements to consider in our scope of work: x Due to the limited number of community solar projects that qualified for study in the state of Illinois, we have incorporated some regional utility scale projects and community solar projects in other states. x Test Area Sales consists of sales that are adjacent to an existing solar facility. Ownership and sales history for each adjoining property to an existing solar farm through the effective date of this report is maintained within our workfile. Adjoining properties with no sales data or that sold prior to the announcement of the solar farm were excluded from further analysis. x Control Area Sales are generally located in the same market area, although varies based on the general location of the existing solar farm under analysis. In rural areas, sales are identified first within the township, and expands radially outward through the county until a reliable set of data points is obtained. x Control Area Sales are generally between 12 and 18 months before or after the date of the Test Area Sale(s), and are comparable in physical characteristics such as age, condition, style, and size. x Sales of properties that sold in a non-arm’s length transaction (such as a transaction between related parties, bank-owned transaction, or between adjacent owners) were excluded from analysis as these are not considered to be reflective of market value, as defined earlier in this report. The sales that remained after exclusions were considered for a paired sale analysis. Prepared for TPE Development, LLC Page | 18 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. x The methodology employed in this report for paired sale analysis does not rely on multiple subjective adjustments that are typical in many appraisals and single-paired sales analyses. Rather, the methodology remains objective, and the only adjustment required is for market conditions ;12 the analysis relies upon market conditions trends tracked by credible agencies such as the Federal Housing Finance Agency (“FHFA”), who maintains a House Price Index (“HPI”)13 for macro and micro regions in the United States. A market conditions adjustment is a variable that affects all properties similarly and can be adjusted for in an objective manner. x To make direct comparisons, the sale price of the Control Area Sales was adjusted for market conditions to a common date. In this analysis, the common date is the date of the Test Area Sale(s). After adjustment, any measurable difference between the sale prices would be indicative of a possible price impact by the solar facility. x If there is more than one Test Area Sale to evaluate, the sales are grouped if they exhibit similar transactional and physical characteristics; otherwise, they are evaluated separately with their own respective Control Area Sale groups. 12 Adjusting for market conditions is necessary as described in The Appraisal of Real Estate 14th Edition as follows: “Comparable sales that occurred under market conditions different from those applicable to the subject on the effective date of appraisal require adjustment for any differences that affect their values. An adjustment for market conditions is made if general property values have increased or decreased since the transaction dates.” 13 The FHFA HPI is a weighted, repeat-sales index, meaning that it measures average price changes in repeat sales or refinancings on the same properties. This information is obtained by reviewing repeat mortgage transactions on single-family properties whose mortgages have been purchased or securitized by Fannie Mae or Freddie Mac since January 1975. The FHFA HPI serves as a timely, accurate indicator of house price trends at various geographic levels. Because of the breadth of the sample, it provides more information than is available in other house price indexes. Prepared for TPE Development, LLC Page | 19 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TECHNIQUE 1: REVIEW OF PUBLISHED STUDIES The following is a discussion of various studies that consider the impact of solar farms on surrounding property values. The studies range from quantitative analysis to survey-based formal research to less formal analyses . ACADEMIC REPORTS There have been three academic reports that attempt to quantify the effect on property values due to proximity to solar. i. The first report is a study completed by The University of Texas at Austin, published in May 2018.14 The portion of the study focusing on property impact was an Opinion Survey of Assessors with no sales data or evidence included in the survey. The opinion survey was sent to 400 accessors nationwide and received only 37 responses. Of those 37 assessors, only 18 had assessed a home near a utility-scale solar installation, the remainder had not. Of the 18 assessors with experience in valuing homes near solar farms, 17 had not found any impact on home values near solar. Those are the actual facts in the study. A small number of those assessor respondents hypothetically surmised an impact, but none had evidence to support such statements. The paper admits that there is no actual sales data analyzed, and further denotes its own areas of weakness, including “This study did not differentiate between ground-mounted and rooftop installations.” The author states on the last line of page 22: “Finally, to shift from perceived to actual property value impacts, future research can conduct analyses on home sales data to collect empirical evidence of actual property value impacts.” The paper concludes with a suggestion that a statistic hedonic regression model may better identify impacts. It should be noted that the type of statistical analysis that the author states is required to determine “actual property value impacts’ was completed two years later by the following Academic Studies. ii. The second report is a study prepared by a team at the University of Rhode Island, published in September 2020, “Property Value Impacts of Commercial-Scale Solar Energy in Massachusetts and Rhode Island.”15 The study utilized a hedonic pricing model, or multiple regression analysis, to quantify the effect of proximity on property values due to solar by studying existing solar installations in Massachusetts and Rhode Island. The study evaluated 208 solar facilities, 71,373 housing sales occurring within one-mile of the solar facilities (Test Group), and 343,921 sales between one-to-three 14 Al-Hamoodah, Leila, et al. An Exploration of Property-Value Impacts Near Utility-Scale Solar Installations. Policy Research Project (PRP), LBJ School of Public Affairs, The University of Texas at Austin, May 2018, emp.lbl.gov/sites/default/files/property- value_impacts_near_utility-scale_solar_installations.pdf. 15 Gaur, V. and C. Lang. (2020). Property Value Impacts of Commercial-Scale Solar Energy in Massachusetts and Rhode Island. Submitted to University of Rhode Island Cooperative Extension on September 29, 2020. Accessed at https://web.uri.edu/coopext/valuing-sitingoptions-for-commercial-scale-solar-energy-in-rhode-island/. Prepared for TPE Development, LLC Page | 20 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. miles (Control Group). Because it is a hedonic regression model, it allowed them to isolate specific variables that could impact value, including isolating rural and non-rural locations. The study defines “Rural,” as an area having a “population density of 850 people per square mile or fewer.” The study provides data which found no negative impact to residential homes near solar arrays in rural areas: “these results suggest that [the Test Area] in rural areas is effectively zero (a statistically insignificant 0.1%), and that the negative externalities of solar arrays are only occurring in non-rural areas.“16 Further, the study tested to determine if the size of the installation impacted values, and found no evidence of differential property values impacts by the solar installation’s size. Thus, not only are there no impacts to homes in similar areas as the proposed Project, but any differences in the size of a solar farm are similarly not demonstrating an impact. iii. The third report is a published study prepared by Dr. Nino Abashidze, School of Economics, Georgia Institute of Technology, dated October 20, 2020, entitled “Utility Scale Solar Farms and Agricultural Land Values.” Abashidze examined 451 solar farms in North Carolina. “Across many samples and specifications, we find no direct negative or positive spillover effect of a solar farm construction on nearby agricultural land values. Although there are no direct effects of solar farms on nearby agricultural land values, we do find evidence that suggests construction of a solar farm may create a small, positive, option-value for land owners that is capitalized into land prices. Specifically, after construction of a nearby solar farm, we find that agricultural land that is also located near transmission infrastructure may increase modestly in value.” VALUATION EXPERT REPORTS We have similarly considered property value impact studies prepared by other experts, which have also noted that the installation of utility-scale solar on a property has no measurable or consistent impact on adjoining property value. According to a report titled “Mapleton Solar Impact Study” from Kirkland Appraisals, LLC, conducted in Murfreesboro, North Carolina in September 2017, which studied 13 existing solar farms in the state, found that the solar farms had no impact on adjacent vacant residential, agricultural land, or residential homes. The paired sales data analysis in the report primarily consisted of low density residential and agricultural land uses and included one case where the solar farm adjoined to two dense subdivisions of homes. Donald Fisher, ARA who has served six years as Chair of the American Society of Farm Managers and Rural Appraisers, and has prepared several market studies examining the impact of solar on residential values was quoted in a press release dated February 15, 2021 stating, “Most of the locations were in either suburban or 16 The University of Rhode Island study’s conclusion that there may be an impact to non-rural communities is surmised is that “land is abundant in rural areas, so the development of some land into solar does little to impact scarcity, whereas in non-rural areas it makes a noticeable impact. Prepared for TPE Development, LLC Page | 21 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. rural areas, and all of these studies found either a neutral impact or, ironically, a positive impact, where values on properties after the installation of solar farms went up higher than time trends.” REAL ESTATE ASSESSOR SOLAR IMPACT REPORTS The Chisago County (Minnesota) Assessor’s Office conducted their own study on property prices adjacent to and in the close vicinity of the North Star solar farm in Chisago County, Minnesota. At the November 2017 Chisago County Board meeting, John Keefe, the Chisago County Assessor, presented data from his study. He concluded that the North Star solar farm had, “no adverse impact” on property values. His study encompassed 15 parcels that sold and were adjacent or in the close vicinity to the solar farm between January 2016 and October 2017; the control group used for comparison comprised of over 700 sales within the county. Almost all of the [Test Area] properties sold were at a price above the assessed value. He further stated that, “It seems conclusive that valuation has not suffered.”17 Furthermore, Grant County, Kentucky Property Value Administrator, Elliott Anderson, stated that Duke Energy built a solar farm near Crittenden, adjacent to existing homes on Claiborne Drive in December 2017. At the time of the interview, there have been nine arm’s length homes sales on that street since the solar farm commenced operations. Each of those nine homes sold higher than its assessed value, and one over 32 percent higher. At the time, Anderson noted that several more lots were for sale by the developer and four more homes were currently under construction. Anderson said that the solar farm had no impact either on adjoining home values or on marketability or desirability of those homes adjacent to the solar farm. CONCLUSION These published studies and other valuation expert opinions conclude that there is no impact to property adjacent to established solar farms. These conclusions have been confirmed by academic studies utilizing large sales databases and regression analysis investigating this uses’ potential impact on property values. Further, the conclusion has been confirmed by county assessors who have also investigated this adjacent land use’ potential impact on property values. 17 Chisago County Press: County Board Real Estate Update Shows No “Solar Effects” (11/03/2017) Prepared for TPE Development, LLC Page | 22 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TECHNIQUE 2: PAIRED SALE ANALYSIS SOLAR FARM 1: PORTAGE SOLAR FARM, PORTAGE, PORTER COUNTY, INDIANA Coordinates: Latitude 41.333263, Longitude -87.093015 PIN: 64-06-19-176-001.000-015 Total Land Size: 56 AC Date Project Announced: February 2012 Date Project Completed: September 2012 Output: 1.96 MW AC (1.5 MW DC) The solar farm was developed by Ecos Energy, a subsidiary of Allco Renewable Energy Limited, and is currently owned by PLH, Inc. This solar panels are ground-mounted the facility has the capacity for 1.96 Megawatts (MW) AC of power, which is enough to power 300 homes. This solar farm consists of 7,128 solar modules which are of a fixed tilt installation and it contains three inverters. The Surrounding Area: The Portage Solar Farm is located outside the City of Portage, in Portage Township, approximately 2.5 miles to the southeast of the city center. The solar farm is also approximately two miles northwest of South Haven, a neighboring residential community. Portage Township is in the northern portion of Porter County, which is in the northwestern corner of the state of Indiana. The solar farm is approximately 45 miles southeast of downtown Chicago. The Immediate Area: This solar farm is located on the south side of Robbins Road, and is surrounded to the west, south, and east by agricultural land. Just beyond the agricultural land buffer, uses to the west and east area single family homes, and to the south is an apartment complex and a commercial development with an IMAX movie theater and restaurants. To the north of the solar farm, across Robbins Road uses consist of a residential subdivision and vacant land. The solar farm and surrounding properties have a Valparaiso mailing address. The solar farm is fenced from adjacent properties by a fence that surrounds all of the solar panels. Natural vegetation borders the northern, and eastern sides of the larger agricultural parcel the solar farm is nestled within. Real Estate Tax Information: The taxes on the 56 acres of farmland were $1,400 per year prior to the solar farm development. After the solar farm was developed, only 13 acres (23 percent of the site) were re-assessed and the remaining 43 acres continued to be farmed. The total real estate tax bill increased to $16,350 after the solar farm was built, including both uses on the site. This indicates that the real estate taxes for the solar farm increased from $25 per acre to $1,175 per acre after the solar farm was developed. Prepared for TPE Development, LLC Page | 23 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Prepared for TPE Development, LLC Page | 24 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The map below displays the solar farm parcel shaded in blue, and the adjoining properties (outlined in red). Adjoining Properties to the solar farm are numbered for subsequent analysis. Portage Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 25 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Portage Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 26 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS Adjoining Properties 1 and 7 (Test Area Sales) were each considered for a paired sales analysis. Adjoining Property 1 was analyzed as homestead-small farmland tract since at the time of purchase the site was used only as agricultural land. The buyer bought it as vacant land and subsequently built a home on the site. Adjoining Property 7 was analyzed as a single-family home use. GROUP 1 For Adjoining Property 1 (Group 1), the property line is approximtately 836 feet from the closest solar panel and the residential home that was eventually built is approximately 1,228 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 10. In Group 1, we analyzed nine Control Area Sales of homesteads-small farmland tracts that sold within a reasonable time frame from the sale date of Adjoining Property 1. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. The result of our analysis for Group 1 is presented below. Adj. Property #Address Sale Price Site Size (AC) PI Index (Corn)Year Built Vacant at the Time of Sale Sale Price per Acre Sale Date 1 442 W 875 N, Valparaiso $149,600 18.70 139.30 2017 (After Purchase)Yes $8,000 Feb-14 Portage Solar Test Area Sale Group 1 No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per Acre 4.25% CohnReznick Paired Sale Analysis Portage Solar Group 1 Adjoining solar farm $8,000 Control Area Sales (9) No: Not adjoining solar farm $7,674 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales Test Area Sales (1) Prepared for TPE Development, LLC Page | 27 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 For Adjoining Property 7 (Group 2), the residential home is approximately 1,227 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 7. For Adjoining Property 7, we analyzed seven Control Area Sales of similar single family homes that sold within a reasonable time frame from the sale date of Adjoining Property 7. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. Portage Solar - Group 2: Test Area Sale Map Adj. Property #Address Sale Price Site Size (AC) Beds Baths Year Built Square Feet Sale Price per SF Sale Date 7 836 N 450 W Valparaiso $149,800 1.00 3.0 1.5 1964 1,776 $84.35 Sep-13 Group 2 Portage Solar Test Area Sale Prepared for TPE Development, LLC Page | 28 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The result of our analysis for Group 2 is presented below. Noting the relatively small price differentials between Test Area Sales and Control Area Sales, with both Test Area Sales (Adjoining Property 1 and 7) having higher unit sale prices than the respective Control Area Sales, it does not appear that the Portage Solar Farm had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.10% Control Area Sales (7) No: Not adjoining solar farm $84.27 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Portage Solar Group 2 Test Area Sales (1) Adjoining solar farm $84.35 Prepared for TPE Development, LLC Page | 29 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 2: DTE LAPEER SOLAR PROJECT, LAPEER, MICHIGAN Coordinates: Latitude 43.0368219316, Longitude -83.3369986251 PINs: L20-95-705-050-00, L20-98-008-003-00 Total Land Size: ±365 Acres Date Project Announced: 2016 Date Project Completed: May 2017 Output: 48.28 MW AC Prepared for TPE Development, LLC Page | 30 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Surrounding Area: The DTE Lapeer solar farm is located just south of the City of Lapeer, in Lapeer County, Michigan and is a joint project between the City of Lapeer and DTE Electric Company. The solar farm was developed with Inovateus Solar MI, LLC to meet Michigan renewable energy standards. The solar farm features over 200,000 panels, a power output of 48.28 MW AC, and produces enough energy to power 14,000 homes. The Lapeer solar project was developed in two phases: the Demille Solar installation and the Turrill Solar installation. For purposes of our study, taken together, both installations are considered one solar farm. DTE’s Lapeer Solar Projects Demille and Turrill Solar installations Lapeer is considered to be in the Tri-Cities area of central Michigan and is approximately 21 miles east of the City of Flint. Interstate-69 serves Lapeer and runs east-west just south of the solar farm. The two phases of the solar installation are on the east and west sides of Michigan State Route 24 from each other. Prepared for TPE Development, LLC Page | 31 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Immediate Area: Land uses surrounding the Demille installation include a correctional facility and industrial uses to the west, buffered by a mature stand of trees, a retail center to the northeast, other commercial uses to the east along MI-24/South Lapeer Road, and residential homes to the southeast. Interstate-69 runs south of the Demille solar installation. The Turrill installation is surrounded to the north by a residential subdivision, to the north and east by industrial uses, to the south by vacant land and residential homes, and to the west by light commercial and professional uses along MI-24/South Lapeer Road. Hunter’s Creek divides two sets of solar arrays in the Turrill installation. The Demille installation adjoins Interstate-69 to the South; while a residential subdivision adjoins the solar farm to the east. To the northeast corner of the solar panels is a senior living facility, Stonegate Health Campus, developed before the solar facility. Real Estate Tax Information: Prior to the development of the solar farm, the land under the Demille and Turrill solar installations were municipal-owned and were not subject to property tax. After development, in 2017, the land became taxable and taxes were $82,889 total, as shown below. PIN Acres 2016 Taxes Paid 2017 Taxes Paid Tax Increase 2016 Assessed Value 2017 Assessed Value Value Increase Lapeer County, MI L20-98-008-003-00* 110.84 -$ 34,294$ N/A $ - 726,700$ N/A L20-95-705-050-00* 254.84 -$ 48,595$ N/A $ - 1,029,750$ N/A TOTAL 365.68 -$ 82,889$ N/A -$ 1,756,450$ N/A * Prior to development as a solar farm, the parcels were municpal property without a taxable value. Prepared for TPE Development, LLC Page | 32 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALE ANALYSIS The maps, below, and on the following pages display properties adjoining the solar sites that are numbered in red for subsequent analysis. Demille Solar Farm . DTE Lapeer Solar Projects - Demille Adjoining Properties Prepared for TPE Development, LLC Page | 33 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. DTE Lapeer Solar Projects - Demille Adjoining Properties Prepared for TPE Development, LLC Page | 34 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Turrill Solar Farm DTE Lapeer Solar Projects - Turrill Adjoining Properties Prepared for TPE Development, LLC Page | 35 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. DTE Lapeer Solar Projects - Turrill Adjoining Properties Prepared for TPE Development, LLC Page | 36 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. In reviewing Adjoining Properties to study in a Paired Sale Analysis, several properties and sales were considered but eliminated from further consideration as discussed below. We identified eight Adjoining Properties that sold since the solar farm started operations in May of 2017: Adjoining Properties 3, 4, 7, 9, 10, and 16 for the Demille Solar Farm, and Adjoining Properties 3 and 4 for the Turrill Solar Farm. Of these properties, three were considered atypical for the area. Adjoining Property 7 adjacent to the Demille Solar farm is a split-level home with a finished walk out basement with a pool. The typical home in the area has a traditional basement and pools are atypical. The unusual nature of this sale was confirmed with the selling broker, Renee Voss (see comments below). We note that this home sold twice after the construction of the solar farm, once in September 2018 and again in August 2019. The appreciate rate between the two sale dates are analyzed further later in this section. Adjoining Property 16 just south of the Demille Solar Farm is a 10.1-acre lot that is buffered by trees. The home is atypical for the area, as most homes are situated on lots between 1-acre and 1.5-acres in size and were built before 1980; this home was built in 2008. We interviewed the broker Josh Holbrook (see comments below) who confirmed the atypical nature of this property. Adjoining Property 3, just west of the Turrill Solar Farm, was a ranch home with 1,348 square feet on a lot that was just over one acre. Comparables for homes of this size, type, and lot size were not available in the immediate market area. It should be noted that the price per square foot for this home ($108.01) is significantly higher than median price per square foot of either data set we studied. As a part of our research, we interviewed three local real estate brokers that sold homes adjacent to the Lapeer Solar farm. According to the brokers, there was no impact on the home prices or marketability due to the homes’ proximity to the solar arrays. Renee Voss of Coldwell Banker, selling broker of the raised ranch at 1138 Don Wayne Drive (Adjoining Property 7), which is adjacent to the Demille solar farm at the southeast corner, noted that there was no impact on this sale from the solar farm located to the rear. The home, which has a pool in the backyard, sold quickly with multiple offers, Voss stated. Josh Holbrook, the selling broker of 1408 Turrill Road (known as Adjoining Property 16), located just south of the Demille Solar Farm, said the solar farm had no impact on the sale and that the community takes pride in the solar farm. Anne Pence of National Realty Centers, the selling broker for 1126 Don Wayne Drive, a single-family home adjacent to the Demille solar farm (known as Test Area Sale 9), reported that "the solar farm did not have any effect on the sale of this home. The buyers did not care one bit about the solar field in the back yard. The fact is that you know no one is going to be behind you when they develop a solar farm in your back yard. And [sometimes the developer] put up trees to block the view. My in-laws also actually live at end of that street, even though they haven't sold or put their house on market, they don't mind the solar panels either. It's not an eyesore. And another house sold on that block, a raised ranch home, and it sold with no problems." Prepared for TPE Development, LLC Page | 37 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 1 – DEMILLE Adjoining Properties 3, 4, and 9 to the Demille Solar Farm were considered for a paired sales analysis, and we analyzed these properties as single-family home uses in Group 1. The improvements on these properties are located between 275 to 305 feet to the nearest solar panel. We analyzed six Control Area Sales of single-family homes with similar construction and use that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the median sale date of the Test Area Sales in Group 1. The Control Area Sales for Group 1 are ranch homes with three bedrooms and one and a half to two bathrooms. We excluded sales that were bank-owned, and those between related parties. Adj. Property # Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 3, 4, 9 1174 Alice Dr, 1168 Alice Dr, 1126 Don Wayne Drive $165,000 0.50 3 2.0 1973 1,672 Jan-19 $105.26 Group 1 - Demille Solar Test Area Sales Lapeer Solar-Demille - Group 1: Test Area Sales Map Prepared for TPE Development, LLC Page | 38 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales were adjusted for market conditions using the Federal Housing Finance Agency's House Price Index (HPI), a weighted, repeat-sales index measuring average price changes in repeat sales or refinancing of the same properties. The result of our analysis for DTE Lapeer Solar Project - Group 1-Demille is presented on the below. The days on market for the three Test Area Sales had a median of 29 days on market (ranging from 5 to 48 days), while the median days on market for the Control Area Sales was 21 days (ranging from 5 to 224 days), and we note no significant marketing time differential. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 5.65% Test Area Sales (3) CohnReznick Paired Sale Analysis DTE Lapeer Solar Group 1 - Demille Solar Adjoining solar farm $105.26 Control Area Sales (6) No: Not adjoining solar farm $99.64 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales Prepared for TPE Development, LLC Page | 39 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 – DEMILLE Adjoining Property 10 to the Demille Solar Farm was considered for a paired sales analysis, and we analyzed this property as a single-family home use in Group 2. The improvements on this property are located approximately 315 to the nearest solar panel. We analyzed five Control Area Sales of single-family homes with similar construction and use that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the sale date of the Test Area Sale in Group 2. The Control Area Sales for Group 2 are similarly sized homes in Lapeer County with three to four bedrooms and one and half to three bathrooms, with an above-ground pool, and an attached garage. We excluded sales that were bank-owned, and those between related parties . Adj. Property # Address Sale Price Median Site Size (AC) Bedrooms Bathrooms Year Built/Renovated Square Feet Other Features Sale Date Price PSF 10 1120 Don Wayne Drive, Lapeer $194,000 0.47 3 2.5 1976/2006 1,700 Above Ground Pool, Two Car Garage Nov-19 $114.12 Test Area Sale Group 2 - Demille Solar DTE Lapeer Solar-Demille - Group 2: Test Area Sales Map Prepared for TPE Development, LLC Page | 40 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales were adjusted for market conditions using the Federal Housing Finance Agency's House Price Index (HPI), a weighted, repeat-sales index measuring average price changes in repeat sales or refinancing of the same properties. The result of our analysis for DTE Lapeer Solar Project - Group 2 is presented below. The marketing time for the Test Area Sales was 90 days on market, while the median marketing time for the Control Area Sales was 34 days (ranging from 3 to 73 days). We note the Test Area Sale was initially listed above its market value, as there was a listing price decline after a month on the market. We also note that after the final decrease of the list price, the Test Area Sale home was only on the market 51 more days, which is within the range exhibited by the Control Area Sales. GROUP 3 – TURRILL Adjoining Property 4 to the Turrill Solar Farm was analyzed separately since it is a two-story home on a larger lot than the Test Area Sale in Group 2. The home on Adjoining Property 4 is 290 feet from the property line to the nearest solar panel. We analyzed four single-family homes as Control Area Sales with similar construction that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the sale date of Adjoining Property 4. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.98% Group 2 - Demille Solar CohnReznick Paired Sale Analysis DTE Lapeer Solar Test Area Sales (1) Adjoining solar farm $114.12 Control Area Sales (5) No: Not adjoining solar farm $113.01 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales Adj. Property #Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 4 1060 Cliff Drive $200,500 1.30 4 2.5 1970 2,114 Sep-18 $94.84 Test Area Sale Group 3 - Turrill Solar Prepared for TPE Development, LLC Page | 41 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Control Area Sales for Group 3 are two-story homes with two to four bedrooms and 2.5 to 3 bathrooms. We excluded sales that were bank-owned, and those between related parties . Control Area Sales were adjusted for market conditions using the Federal Housing Finance Agency's House Price Index (HPI), a weighted, repeat-sales index measuring average price changes in repeat sales or refinancing of the same properties. The result of our analysis for DTE Lapeer Solar Project-Turrill – Group 3 is presented on the following page. DTE Lapeer Solar-Turrill - Group 3: Test Area Sales Map Prepared for TPE Development, LLC Page | 42 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The marketing time for the Test Area Sale was two days on market, while the median days on market for the Control Area Sales was 35 days (ranging from 11 to 177 days), and we note no negative marketing time differential. Noting no significant price differential in any of the three groups, it does not appear that the DTE Lapeer Solar Farm had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF -1.53% $96.32 Group 3 - Turrill Solar Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales Test Area Sale (1) Adjoining solar farm $94.84 Control Area Sales (4) No: Not adjoining solar farm CohnReznick Paired Sale Analysis DTE Lapeer Solar Prepared for TPE Development, LLC Page | 43 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. BEFORE & AFTER ANALYSIS – DEMILLE SOLAR PROJECT We note two of the Test Area Sales in Group 1 of the Demille Solar project (Adjoining Properties 4 and 9), one sale in Group 2 of the Demille Solar farm (Adjoining Property 10), as well as Adjoining Property 7 have sold at least twice over the past 15 years. To determine if any of the rates of appreciation for these identified home sales were affected by the proximity to the Demille Solar farm, we prepared a Repeat-Sales Analysis on each identified adjoining property. First, we calculated the total appreciation between each sale of the same property, the number of months that elapsed between each sale, and determined the monthly appreciation rate. Then, we compared extracted appreciation rates reflected in the Federal Housing Finance Agency (FHFA) Home Price Index for Michigan’s 48446 zip code (where the identified homes are located) over the same period. The index for zip codes is measured on a yearly basis and is presented below. We have presented the full repeat sales analysis on the following page. Five-Digit ZIP Code Year Annual Change (%) HPI HPI with 1990 base HPI with 2000 base 48446 2004 2.02 438.38 206.29 111.35 48446 2005 3.68 454.53 213.89 115.45 48446 2006 -1.76 446.53 210.12 113.42 48446 2007 -6.35 418.17 196.78 106.22 48446 2008 -8.37 383.17 180.31 97.33 48446 2009 -10.62 342.49 161.16 86.99 48446 2010 -8.94 311.86 146.75 79.21 48446 2011 -6.89 290.37 136.64 73.75 48446 2012 0.29 291.22 137.04 73.97 48446 2013 7.27 312.39 147.00 79.35 48446 2014 7.10 334.56 157.43 84.98 48446 2015 5.10 351.63 165.47 89.32 48446 2016 6.10 373.08 175.56 94.76 48446 2017 6.74 398.23 187.39 101.15 48446 2018 5.96 421.96 198.56 107.18 48446 2019 5.74 446.17 209.95 113.33 48446 2020 4.99 468.43 220.43 118.98 48446 Zip Code - Housing Price Index Change (Year over Year) Not Seasonally Adjusted Prepared for TPE Development, LLC Page | 44 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Conclusion When compared to the FHFA home price index for the local zip code, the median monthly appreciation rate of the sales of properties adjoining the Demille Solar Farm that sold before construction of the solar farm and again after construction of the solar farm outperformed the median for the zip code, as depicted in the far-right column in the table above (and highlighted in orange). Additionally, the extracted appreciation rate for the resales of Adjoining Properties 4 and 7, that sold twice after the solar farm was constructed, exhibited higher rates of appreciation than the Home Price Index for the zip code (highlighted in white). As such, we have concluded that there does not appear to be a consistent detrimental impact on the value of properties adjacent to the DTE Lapeer-Demille Solar Farm.Property IDAddressLand Area (Acres)Total Finished Living Area (SF)Most Recent Sale DateMost Recent Sale PricePrior Sale DatePrior Sale PriceTotal AppreciationMonths Elapsed Between SalesMonthly Appreciation RateIndex Level During Year of Most Recent SalePrior Sale Year Index LevelTotal AppreciationMonthly Appreciation Rate4 1168 Alice Drive 0.46 1,672 10/9/2019 $176,000 12/8/2017 $144,000 22.22% 22 0.92% 446.17 398.23 12.04% 0.52%4 1168 Alice Drive 0.46 1,672 12/8/2017 $144,000 10/1/1993 $100,000 44.00% 290 0.13% 398.23 238.05 67.29% 0.18%9 1126 Don Wayne Drive 0.50 1,900 5/21/2018 $160,000 12/21/2007 $119,000 34.45% 125 0.24% 446.17 418.17 6.70% 0.05%10 1120 Don Wayne Drive 0.47 1,700 11/8/2019 $194,000 10/15/2014 $173,200 12.01% 61 0.19% 446.17 334.56 33.36% 0.47%7 1138 Don Wayne Drive 0.47 2,128 9/7/2018 $179,900 8/22/2014 $148,500 21.14% 49 0.40% 446.17 334.56 33.36% 0.60%7 1138 Don Wayne Drive 0.47 2,128 8/28/2019 $191,000 9/7/2018 $179,900 6.17% 12 0.51% 446.17 446.17 0.00% 0.00%Median - Test Area Sales 0.47 1,8000.32% 0.33%Median - Before/After 0.49 2,0190.21% 0.11%Repeat Sales Analysis 48446 Zip Code - FHFA House Price Index Change Prepared for TPE Development, LLC Page | 45 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 3: GRAND RIDGE SOLAR FARM, LASALLE COUNTY, ILLINOIS Coordinates: Latitude 41.143421, Longitude -88.758340 PINs: 34-22-100-000, 34-22-101-000 Total Land Size: 158 acres Date Project Announced: December 31, 2010 Date Project Completed: July 2012 Output: 20 MW AC This solar farm is located in the southeast quadrant of the intersection of E. 21st and N. 15th Roads, near Streator, in LaSalle County, Illinois. The solar farm was developed by Invenergy and is part of a renewable energy center known as Grand Ridge. The Energy Center includes the 20 MW AC solar facility, a 210 MW wind farm, and a 36 MW advanced-energy storage facility, all in one local vicinity. The solar site is located adjacent to the south and west of Invenergy's wind farm. The solar facility consists of 20 individual 1-MW solar inverters and over 155,000 photovoltaic solar panels manufactured by General Electric. The Surrounding Area: The Grand Ridge Solar Farm is situated just outside of the City of Streator, in Otter Creek Township, in LaSalle County, Illinois. The solar farm is located in a primarily rural part of Illinois, with the nearest interstate, Interstate-55, located approximately 14 miles southeast of the site. The Immediate Area: Within a one-mile radius of the solar farm, surrounding uses mainly consist of agricultural land, with some single-family homes to the west. All of the adjacent land parcels to the solar farm are used for agricultural and/or residential purposes. The solar site is surrounded by row crops to the north adjoining N. 15th Road. Row crops also adjoin the solar arrays to the east. Scrub shrubbery exists on the western border of the solar site, along E. 21st Road. On the west side of E. 21st Road is the 28-acre private Sandy Ford Sportsmans Club that includes a 12-acre fishing lake. The private Lazy Acres Fishing Club adjoins the solar site to the south and is surrounded by mature trees. Real Estate Tax Information: Prior to development of the solar farm, in 2011, the owner of this 158-acre site paid real estate taxes of $3,000 annually. In the year following the solar farm development, 2012, real estate taxes increased to approximately $240,000, a 7,791 percent increase in tax revenue for the site. Prepared for TPE Development, LLC Page | 46 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The map below displays the parcels in the solar farm site (outlined in red). Properties adjoining the solar parcels are numbered for subsequent analysis. Grand Ridge Solar - Adjoining Properties PIN Acres 2011 Taxes Paid 2012 Taxes Paid Tax Increase 2011 Assessed Value 2012 Assessed Value Value Increase LaSalle County, IL 34-22-100-000 78.99 1,580$ 120,064$ 7501% $ 23,830 $ 1,812,357 7505% 34-22-101-000 78.80 1,457$ 119,539$ 8106% $ 21,975 $ 1,804,433 8111% TOTAL 157.79 3,036$ 239,602$ 7791% 45,805$ 3,616,790$ 7796% Prepared for TPE Development, LLC Page | 47 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The surrounding area is primarily populated with agricultural uses. Some of these agricultural parcels contain homesteads on the site and others are fully unimproved. Adjoining Properties 1, 3, 5, 6, 7, 13, and 14 have no sales data, therefore, those properties djoining Properties have been excluded from further analysis. Recall, the solar farm was announced on December 31, 2010 and began operations in July 2012. Adjoining Properties 8 and 9 were sold in 1997 and 1996, respectively. These sales did not occur within a reasonable time period prior to announcement/completion. Therefore, Adjoining Properties 8 and 9 were excluded from further analysis. Adjoining Property 4 sold in March 2011 while construction was ongoing. However, we have not considered this property for a paired sales analysis because the impact of being proximate to the solar farm could not be differentiated from the impact of the construction. Therefore, Adjoining Property 4 was excluded from further analysis. Adjoining Property 2 transferred in September of 2018 with no consideration amount on a Trustee’s deed from Gemini Farms LLC to the Bedeker Family Gift Trust. John and Susan Bedeker are owners of the Adjoining Property 1. This is not considered an arm’s length transaction, therefore, Adjoining Property 2 was excluded from further analysis. Adjoining Properties 11 and 12 were initially one parcel of 37.07 acres. Adjoining Property 12 sold in October 2016, which is a reasonable time period after completion of the solar farm. When Adjoining Property 12 was sold, the parcel was split into the two-acre homesite now known as Adjoining Propeprty 12, and the 35.07 acre farm, that was retained by the seller. Therefore, we have excluded Adjoining Property 11 and only considered Adjoining Property 12 (Test Area Sale) for paired sales analysis. PAIRED SALES ANALYSIS We have considered only one type of paired sales analysis, we have compared sales of similar properties not proximate to the solar farm (Control Area Sales) to the sales of the adjoining property (Test Area Sale), after the completion of the solar farm project. Adjoining Property 12 (Test Area Sale) was considered for a paired sales analysis, and we analyzed this property as a single-family home use, a 2,328 square foot home located on a 2.0- acre parcel that sold in October 2016. This parcel is approximately 366 feet from the closest solar panel, and the improvements are approximately 479 feet from the closest solar panel. The table on the following page outlines the other important characteristics of Adjoining Property 12. Prepared for TPE Development, LLC Page | 48 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. We have found five Control Area Sales using data from the Northern Illinois Multiple Listing Service (MLS) and verified these sales through county records, conversations with brokers, and the County Assessor’s office. We excluded sales that were not arm’s length, such as REO sales or those between related parties. We have excluded any home sites under one acre and included only sales with a similar quantity of bedrooms, bathrooms, and living area. The Control Area Sales are comparable in most physical characteristics and bracket Adjoining Property 12 reasonably. Grand Ridge Solar: Test Area Sale Map Property # Address Sale Price Beds Baths Year Built Home Size (SF) Improvements Site Size (AC) Sale Price/SF Sale Date Adjoining Property 12 2098 N 15th Rd, Streator, IL $186,000 3 4.0 1997 2,328 Single Family Home and Garage and Farm Acreage 2.0 $79.90 Oct-16 Grand Ridge Solar Farm Test Area Sale - Adjoining Property 12 Prepared for TPE Development, LLC Page | 49 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It is important to note that the Control Area Sales are not adjoining to any solar farm, nor do they have a view of one from the property. Therefore, neither the announcement nor the completion of the solar farm use could have impacted the sales price of these properties. It is informative to note that the average marketing time (from list date to closing date) for Control Area Sales of 171 days is consistent with the marketing time for the Test Area Sale which was on the market for 169 days. This is an indication that the marketability of the Test Area Sale was not negatively influenced by proximity to the solar farm. We analyzed the five Control Area Sales and adjusted for market conditions using a regression analysis to identity the appropriate monthly market conditions adjustment. The results of the paired sales analysis for the Grand Ridge Solar Farm are presented below. The unit sale price of the Test Area Sale was somewhat higher than the median adjusted unit sale price of the Control Area Sales. We contacted the selling broker of the Test Area Sale home, Tina Sergenti with Coldwell Banker, who said that the proximity of the solar farm had no impact on the marketing time or selling price of the home. The Test Area Sale sold with 169 days on market (5 – 6 months) compared to the Control Area Sales, which sold between 10 471 days on market (0 and 16 months). Noting no negative price differential , it does not appear that the Grand Ridge Solar Farm impacted the sales price of the Test Area Sale, Adjoining Property 12. This was confirmed by the real estate agent who marketed and sold this home. No. of Sales Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales $74.35 Adjoining Property 12 7.46% Adjusted Median Price Per SF Control Area Sales (5) Potentially Impacted by Solar Farm No: Not adjoining solar farm Yes: Adjoining solar farm $79.90Test Area Sale (1) Grand Ridge Solar Farm CohnReznick Paired Sales Anaysis Prepared for TPE Development, LLC Page | 50 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 4: WOODLAND SOLAR FARM, ISLE OF WIGHT COUNTY, VIRGINIA Coordinates: Latitude 36.890000, Longitude -76.611000 PINs: 41-02-004, 41-02-001, 41-02-001A, 41-02-005 Total Land Size: 211.12 acres Date Project Announced: August 4, 2015 Date Project Completed: December 2016 Output: 19.0 MW AC Aerial imagery retrieved from Google Earth The Woodland Solar Farm is located in unincorporated Isle of Wight County, Virginia, and was developed by Dominion Virginia Power in 2016. This solar farm has a capacity of 19.0 Megawatts (MW) AC of power, which is enough to power 4,700 homes. The solar farm sits on 204 acres, part of Oliver Farms, a 1,000-acre site that was Prepared for TPE Development, LLC Page | 51 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. chosen for its flat land and proximity to power lines. The land under the solar arrays was previously farmed and used to grow broccoli, collards, peas, strawberries, and butter beans. The solar installation includes 79,648 solar panels and was one of the largest of its kind at the time of construction. The Surrounding Area: Isle of Wight County is in the southeast part of Virginia and has shoreline along the James River on its eastern border. The county is predominantly rural and has two incorporated towns, Smithfield and Windsor. The Woodland Solar facility is approximately 27 miles northwest of Norfolk, Virginia, across the Elizabeth River and the Nansemond River. The solar site is also approximately 21 miles southwest of Newport News, Virginia. The town of Smithfield is approximately nine miles northeast of the solar facility and the town of Windsor is approximately 12 miles southwest. The solar facility is near the intersection of State Route 600 (Oliver Drive) and State Route 602 (Longview Drive). The Immediate Area: Land uses surrounding the Woodland Solar facility include forests and agricultural land to the north, west, and south, and residential and farmland to the east. Landscaping around the solar site consists of the naturally occurring vegetation and forests. It should be noted that the landowner that leases the land to the solar owner has agricultural buildings and other structures along Longview Drive and the nearest solar panels are approximately 220 feet from the property line. Real Estate Tax Information: In 2015, prior to the property being assessed as a solar farm, the assessed value of the property was approximately $542,200 and ownership paid $4,609 in real estate taxes (see below). In 2016, the assessed value increased to $3,021,600 and the real estate tax increased to $27,844. PIN Acres 2015 Taxes Paid 2016 Taxes Paid Tax Increase 2015 Assessed Value 2016 Assessed Value Value Increase Isle of Wight County, VA 41-02-004 107.32 2,250$ 15,985$ 610% $ 264,700 $ 1,728,100 553% 41-02-001 62.66 1,369$ 8,601$ 529% $ 161,000 $ 939,900 484% 41-02-001A 8.08 230$ 1,193$ 420% $ 27,000 $ 110,700 310% 41-02-005 33.06 761$ 2,065$ 171% 89,500$ 242,900$ 171% TOTAL 211.12 4,609$ 27,844$ 504% 542,200$ 3,021,600$ 457% Prepared for TPE Development, LLC Page | 52 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALE ANALYSIS: The map below displays the Adjoining Properties to the solar farm (outlined in red). Properties adjoining the solar farm parcels are numbered for subsequent analysis. Woodland Solar - Adjoining Properties In reviewing Adjoining Properties to study in a Paired Sale Analysis, several properties and sales were considered but eliminated from further consideration as discussed below. We identified three Adjoining Properties that sold since the solar farm started operations in December 2016: Adjoining Property 3, and two parcels included in Adjoining Property 5. The two properties that were considered part of Adjoining Property 5, sold between related parties, and were sales between family members of the land lessor for the solar site. These two sales were excluded from further analysis as they were not arms’ length transactions. Prepared for TPE Development, LLC Page | 53 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Adjoining Property 3 was considered for a paired sales analysis and we analyzed this property as single-family home use. The improvements on this property are located approximately 600 feet from the nearest solar panel. We analyzed five Control Area Sales of single-family homes with similar construction and use that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the sale date of the Test Area Sale. The Control Area Sales are one-story homes with three bedrooms and either one or two bathrooms. We excluded sales that were bank-owned, REO sales, and those between related parties. Woodland Solar – Test Area Sale Map The Control Area Sales were adjusted for market conditions using a regression analysis to identify the appropriate monthly market conditions adjustment. The result of our analysis for Woodland Solar Farm is presented on the following page. Adj. Property #Address Sale Price Site Size (AC)Beds Baths Year Built Home Size GLA (SF) Sale Date Price PSF 3 18146 Longview Drive $175,000 1.00 3 1 1978 1,210 Jun-16 $144.63 Woodland Solar Farm Test Area Sale - Adjoining Property 3 Prepared for TPE Development, LLC Page | 54 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The difference between the unit price of the Test Area Sale and the Adjusted Median Unit Price of the Control Area Sales is considered within the range for a typical market area. Noting no negative marketing time differential , the Test Area Sale sold in 33 days (1-2 months), while the Control Area Sales sold between 17 and 37 days (0-2 months), with a median time on market of 28 days. Noting no negative price differential, with the Test Area Sale having a higher unit sale price than the Control Area Sales, it does not appear that the Woodland Solar Farm had any negative impact on adjacent property values. No. of Sales Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales $137.76 Adjoining Property 3 4.99% Adjusted Median Price Per SF Control Area Sales (5) Potentially Impacted by Solar Farm No: Not adjoining solar farm Yes: Adjoining solar farm $144.63Test Area Sale (1) Woodland Solar Farm CohnReznick Paired Sales Anaysis Prepared for TPE Development, LLC Page | 55 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 5: DOMINION INDY SOLAR III, MARION COUNTY, INDIANA Coordinates: Latitude 39°39'14.16"N, Longitude 86°15'35.06"W PIN: 49-13-13-113-001.000-200 Total Land Size: 129 acres Date Project Announced: August 2012 Date Project Completed: December 2013 Output: 8.6 MW AC (11.9 MW DC) The Dominion Indy III solar farm was developed by Dominion Renewable Energy and became operable in December 2013. This solar farm has ground-mounted solar panels and has the capacity for 8.6 Megawatts (MW) AC of power. The panels are mounted in a fixed tilt fashion with 12 inverters. The Surrounding Area: The Dominion Indy III solar farm is located in Decatur Township, in the southwest portion of Marion County, Indiana. The solar farm is approximately 10 miles southeast of the Indianapolis International Airport and approximately eight and a half miles from the center of Indianapolis. The Immediate Area: The solar installation is on the southern side of West Southport Road. Adjoining parcels to the west, south, and east are agricultural in nature, actively farmed primarily with row crops and large areas of mature trees. There is one single family home on 4.78 acres of land at the northwest corner of the solar site, with frontage on West Southport Road, identified in our analysis as Adjoining Property 9. To the north, across West Southport Road from the solar site, is the single-family residential subdivision known as Crossfield. Originally developed with over 81 acres of land by the Key Life Insurance Company, the one- and two-story homes in the subdivision were built between approximately 1998 and 2011. All of the adjacent land parcels to the solar farm are used for agricultural or residential purposes. The solar farm is surrounded by a chain link fence around all of the solar panels. Additionally, there are some natural shrubs and trees on all sides of the property; this vegetation was in place before the solar farm was developed. Prepared for TPE Development, LLC Page | 56 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Real Estate Tax Information: Prior to development of the solar farm, in 2013, the owner of this 129-acre site paid real estate taxes of $1,788 annually. After development of the solar farm development, in 2015, real estate taxes increased to approximately $16,405, an 818 percent increase in tax revenue for the site. The map below, and the maps on the following pages, display the parcels within the solar farm is located (outlined in blue). Properties adjoining this site are numbered for subsequent analysis. Dominion Indy III - Adjoining Properties PIN Acres 2013 Taxes Paid 2015 Taxes Paid Tax Increase 2013 Assessed Value 2015 Assessed Value Value Increase Marion County, IN 49-13-13-113-001.000-200 129.04 1,788$ 16,405$ 818% $ 89,400 $ 109,900 23% TOTAL 129.04 1,788$ 16,405$ 818% 89,400$ 109,900$ 23% Prepared for TPE Development, LLC Page | 57 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS We have considered two types of paired sales analysis with regards to the Dominion Indy III solar farm. The first compares sales of Adjoining Properties (Test Area Sales) to the solar farm after the completion of the solar farm site to similar properties not proximate to the solar farm (Control Area Sales). We utilized this type of paired sale analysis for all three groups of Adjoining Properties under study. The second type of paired sale analysis is known as a Before and After analysis which compares sales of Adjoining Properties that occurred prior to the announcement of the solar farm with the sales of the same Adjoining Properties after the completion of the solar farm development. We were able to use home sale data from the Crossfield subdivision that is located to the north of the solar site, across West Southport Road, for this analysis. GROUP 1 Adjoining Property 2 is a vacant 86.96-acre agricultural parcel located to the east of the solar site. Adjoining Property 2 sold in October 2017 and was considered for a paired sale analysis, known as a Test Area Sale, in Group 1. The property line of this unimproved parcel is approximately 166 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 12. Soil Productivity and Land Value Trends and the NCCPI Productivity Index Crop yields have been the basis for establishing a soil productivity index, and are used by county assessors, farmers, and market participants in assessing agricultural land. While crop yields are an integral part in assessing soil qualities, it is not an appropriate metric to rely on because “yields fluctuate from year to year, and absolute yields mean little when comparing different crops. Productivity indices provide a single scale on which soils may be rated according to their suitability for several major crops under specified levels of management such as an average level.”1 The productivity index, therefore, not crop yields, is best suited for applications in land appraisal and land-use planning. Adjoining Property #Address Sale Price Site Size (AC) NCCPI Index Wetlands Floodplain Sale Price/AC Sale Date Adjoining Property 2 5755 W Southport Rd, Indianapolis, IN $738,584 89.96 63.4 1% Zone X $8,210 Oct-17 Group 1 - Agricultural Land Test Area Sale Prepared for TPE Development, LLC Page | 58 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The United States Department of Agriculture’s (USDA) National Resources Conservation Services (NRCS) developed and utilizes the National Commodity Crop Productivity Index (NCCPI) as a national soil interpreter and is used in the National Soil Information System (NASIS), but it is not intended to replace other crop production models developed by individual states.18 The focus of the model is on identifying the best soils for the growth of commodity crops, as the best soils for the growth of these crops are generally the best soils for the growth of other crops.19 The NCCPI model describes relative productivity ranking over a period of years and not for a single year where external influences such as extreme weather or change in management practices may have affected production. At the moment, the index only describes non-irrigated crops, and will later be expanded to include irrigated crops, rangeland, and forestland productivity.20 Yields are influenced by a variety of different factors including environmental traits and management inputs. Tracked climate and soil qualities have been proven by researchers to directly explain fluctuations in crop yields, especially those qualities that relate to moisture-holding capacity. Some states such as Illinois have developed a soil productivity model that considers these factors to describe “optimal” productivity of farmed land. Except for these factors, “inherent soil quality or inherent soil productivity varies little over time or from place to place for a specific soil (map unit component) identified by the National Cooperative Soil Survey (NCSS).”21 The NRCS Web Soil Survey website has additional information on how the ratings are determined. The State of Indiana does not have its own crop production model and utilizes the NCCPI. In analyzing agricultural land sales for Control Area Sales with similar characteristics to Adjoining Property 2, we have excluded any parcels with NCCPI soil indices less than 50.0 and greater than 85.0. We identified and analyzed four Control Area Sales that were comparable in location, size, and use that were not located in close proximity to the solar farm. The Control Area Sales for Adjoining Property 2 are land tracts that were larger than 20 acres and utilized specifically as farmland. We excluded sales that were bank-owned, those between related parties, split transactions, and land with significant improvements. The Control Area Sales that are included in this analysis sold within a reasonable time frame from the sale date of the Test Area Sale and are similar to the Test Area Sale in physical characteristics. 18 Agricultural land rental payments are typically tied to crop production of the leased agricultural land and is one of the primary reasons the NCCPI was developed, especially since the model needed to be consistent across political boundaries. 19 Per the User Guide for the National Commodity Crop Productivity Index, the NCCPI uses natural relationships of soil, landscape and climate factors to model the response of commodity crops in soil map units. The present use of the land is not considered in the ratings. 20 AgriData Inc. Docs: http://support.agridatainc.com/NationalCommodityCropProductivityIndex(NCCPI).ashx 21 USDA NRCS’s User Guide National Commodity Crop Productivity Index (NCCPI) Prepared for TPE Development, LLC Page | 59 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Dominion Indy III - Group 1: Test Area Sale Map The Control Area Sales were adjusted for market conditions using a regression and trend analysis to identify the appropriate monthly market condition adjustment. Using the agricultural land sale data published in the Land Sales Bulletin,22 from January 2016 through December 2017, which includes reliable and credible data for analysis, we extracted a monthly rate of change of 0.50 percent. The results of our analysis for Adjoining Property 2, in Group 1 are presented on the following page. 22 https://www.landsalesbulletin.com/ Test 1 Prepared for TPE Development, LLC Page | 60 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Noting the relatively low price differential, in which the Test Area Sale was higher than the median for the Control Areas Sales, it does not appear that the Dominion Indy III solar farm had any negative impact on the adjoining agricultural property value. Dominion Indy III Solar - Adjoining Properties We idenitified a total of nine Adjoining Properties that sold after the develoment of the solar farm as single-family home uses. Adjoining Properties 11, 13, 14, 15, 18, 20, 22, 24 and 26 were analyzed in two paired sales analyses (Group 2 and Group 3). These nine properties were analyzed as single-family homes and they are located in the Crossfield subdivision, across West Southport Road from the solar site, as seen in the map above. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per Acre 1.47%Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Dominion Indy III Solar Group 1 - Agricultural Land $8,091 $8,210 Control Area Sales (4) No: Not adjoining solar farm Test Area Sale (Adjoining Property 2) Yes: Solar Farm was completed by the sale date Indy III Solar Prepared for TPE Development, LLC Page | 61 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It should be noted that Adjoining Properties 11 and 24 have sold more than once since the solar farm was constructed, and each sale is included in the analysis. Adjoining Property 11 sold first in December 2015 and later in July 2018, approximately two and a half years later. Adjoining Property 24 sold first in February 2014 and later in April 2019, approximately five years later. Our research indicated that these were arm’s-length sales. The nine Adjoining Properties that were included in our paired sales analysis were divided into two groups, based on the sale dates of the Test Area Sales. Prepared for TPE Development, LLC Page | 62 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 For Group 2 (sales in 2014 – 2016), we analyzed four Control Area Sales with similar location, square footages, lot sizes, and ages that sold within a reasonable time frame from the median sale date of the Group 2 Test Area Sales. The Test Area Sales in Group 2 are located between 230 feet and 404 feet from the house to the solar panels. The Control Area Sales for Group 2 are located beyond this area in other areas of the Crossfield Division and in other nearby subdivisions. Dominion Indy III – Group 2: Test Area Sales Adj. Property # Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 11, 20, 22, 24 5933 Sable Dr, 5829 Sable Dr, 5813 Sable Dr, 5737 Sable Dr $129,375 0.23 4 2.0 2008 2,163 Jul-15 $60.61 Test Area Sales Group 2 Prepared for TPE Development, LLC Page | 63 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 3 For Group 3 (sales occurring in 2017 - 2019), we analyzed a set of seven Control Area Sales with similar locations, square footages, lot sizes, and ages that sold within a reasonable time frame from the median sale date of the Group 3 Test Area Sales. The Test Area Sales in Group 3 are located between 227 feet and 419 feet from the house to the solar panels. The Control Area Sales are located beyond this area, in other areas of the Crossfield Division, and in other nearby subdivisions. Dominion Indy III – Group 3: Test Area Sales Adj. Property #Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 11, 13, 14, 15, 18, 24, 26 5933 Sable Dr, 5921 Sable Dr, 5915 Sable Dr, 5909 Sable Dr, 5841 Sable Dr, 5737 Sable Dr, 5731 Sable Dr $169,900 0.23 3 2.5 2006 2,412 Jul-18 $72.15 Dominion Indy III Solar Test Area Sales Group 3 Prepared for TPE Development, LLC Page | 64 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales in Groups 2 and 3 were adjusted for market conditions using a regression analysis to identify the appropriate monthly market condition adjustment. The results of our study are presented below. The Test Area Sales in Group 2 sold between 18 and 75 days on market (0-3 months), while the Control Area Sales in Group 2 sold between 2 and 649 days on market (0-23 months). The Test Area Sales in Group 3 sold between 3 and 75 days on market (0-3 months), while the Control Area Sales in Group 3 sold between 2 and 89 days on market (0-3 months). Noting the relatively low price differentials, it does not appear that the Dominion Indy III solar farm had any negative impact on adjoining residential property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 4.78% Test Area Sales (4) CohnReznick Paired Sale Analysis Dominion Indy III Solar Group 2 Adjoining solar farm $60.61 Control Area Sales (8) No: Not adjoining solar farm $57.84 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.65% Group 3 CohnReznick Paired Sale Analysis Dominion Indy III Solar Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales Test Area Sales (7) Adjoining solar farm $72.15 Control Area Sales (11) No: Not adjoining solar farm $71.69 Prepared for TPE Development, LLC Page | 65 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. BEFORE ANNOUNCEMENT AND AFTER CONSTRUCTION OF THE SOLAR FARM ANALYSIS Due to the number of sales over time in the Crossfield subdivision, we were able to conduct an analysis on the prices of single-family homes before the solar farm announcement date in comparison to the prices of single- family homes after the construction of the Dominion Indy III solar farm. This analysis shows the appreciation rates of homes in the subdivision over the period before the solar farm was announced to after construction was complete. If there were a difference in the appreciation rates of homes within the Test Area (homes adjoining the solar farm) from the homes within the Control Areas (homes not adjoining the solar farm), we would expect to see it in the results of this analysis. We have provided our conclusions from the analysis below, and the following page displays an explanatory chart. x The Before the Announcement of the solar farm period is from 2006 to July 2012. The After Construction of the solar farm period is from December 2013 to 2019. x 25 Test Area Sales were sold from 2006 to 2019 and 46 Control Area Sales sold from 2008 to 2019. ¾ The Test Area Sales are homes located adjoining the Dominion Indy III Solar Farm in the Crossfield subdivision. ¾ The Control Area Sales are homes located in the remainder of the Crossfield subdivision, not adjoining the solar farm. x In both the Test Area Sales (ORANGE) and Control Area Sales (BLUE) plotted on the chart on the following page, new construction homes sold through 2011, prior to announcement of the solar farm. x The dotted lines are polynomial trend lines plotted by Microsoft Excel in order to illustrate and approximate the “average” trend of each set of data. x After construction of the solar farm, in parallel with the improving economic climate (as depicted by the Red lines representing the Federal Housing Finance Agency’s House Price Index for the East North Central region that includes Indiana), it appears that unit prices for both the Test Area Sales and the Control Area Sales appreciated at a similar rate over the period from 2013 to 2019. x The economic climate improved in the period from 2013 to 2019, as shown by the Red line representing the Federal Housing Finance Agency’s House Price Index for the East North Central region that includes Indiana. After construction of the solar farm, in parallel with the improving economic climate, it appears that unit prices for both the Test Area Sales and the Control Area Sales appreciated at a similar rate over the period from 2013 to 2019. A difference in appreciation rates does not appear to exist between Test Area Sale homes versus the Control Area Sale homes. Sale prices of single-family homes after the construction of the solar farm exhibit a similar appreciation trend as sales prior to the solar farm announcement. Overall, our findings indicate that there is not a consistent and measurable difference in prices that exists in association with homes proximate to the Dominion Indy III solar farm Prepared for TPE Development, LLC Page | 66 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. ANALYSIS OF BEFORE ANNOUNCEMENT AND AFTER CONSTRUCTION OF THE DOMINION INDY III SOLAR FAR Prepared for TPE Development, LLC Page | 67 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 6: SUNFISH FARM SOLAR, WAKE COUNTY, NORTH CAROLINA Coordinates: Latitude 35 33.457, Longitude 78 44.190 PIN: 675874971 Total Land Size: Approximately 49.6 acres Date Project Completed: December 2015 Output: 5 MW AC This Sunfish Farm solar facility is located in the southern portion of Wake County, North Carolina, approximately 16 miles south of Raleigh. The solar facility was placed into service in December 2015 and has a power generating capacity of 5 MW AC. The solar facility was developed by Cypress Creek Renewables, which has built several community-scale solar farms in North Carolina. Prepared for TPE Development, LLC Page | 68 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Surrounding Area: The Sunfish Farm solar facility is surrounding by single family homes, some of which are in subdivisions, as well as agricultural and forest land. The local area is accessible from Raleigh via Fayetteville Road (US Hwy 401) and Interstate 40. The Sunfish Farm solar farm is located southwest of the town of Fuquay-Varina, which has experienced considerable population growth over the past 10 years due to the area’s proximity to Research Triangle Park (Raleigh, Durham, Chapel Hill). The Immediate Area: The solar farm is buffered from residences and road frontages by trees and is surrounded by fencing. The solar farm is clearly visible from the roadways. Immediate land uses surrounding the solar farm include residential homes to the north, some residential homes (some that also contain commercial uses) to the west, agricultural land to the south, and agricultural land and residential homes to the east. There is an 11.25-acre carve-out of land in the original, larger farmland parcel that was split from the parent parcel in 2014, as pictured below. Both the carved out parcel and the solar farm parcel are owned by an individual who leases the land for the solar farm use. Real Estate Tax Information: Solar farms in North Carolina are assessed as personal property, separate from the land assessment. After the solar farm was placed into service, there was an increase of 180 percent in total assessed value, and 203 percent increase in total taxes paid. PIN Acres 2013 Taxes Paid (Per Acre) 2016 Taxes Paid (Per Acre) Tax Increase 2013 Assessed Value (Per Acre) 2016 Assessed Value (Per Acre) Value Increase Wake County, NC 675874971 (Post 2015 Split) 49.60 119.52$ 105.33$ $ 18,589 $ 15,123 Personal Property Tax -$ 256.81$ $ - $ 36,871 TOTAL 49.60 119.52$ 362.14$ 203% 18,588.83$ 51,994.82$ 180% Prepared for TPE Development, LLC Page | 69 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The map below displays the properties adjoining the solar arrays and are numbered for subsequent analysis (outlined in yellow). Sunfish Farm Solar - Adjoining Properties PAIRED SALES ANALYSIS We have considered only one type of paired sales analysis, comparing sales of properties not proximate to the solar farm (Control Area Sales) to the sales of adjoining properties (Test Area Sales) after the completion of the solar farm project. We were able to identify two Adjoining Properties to the Sunfish Farm solar facility that sold after the solar installation was placed into service (Adjoining Properties 10 and 15). These sales were analyzed in separate Test Area Sale groups based on home type (conventional single-family home and manufactured single-family home) and sale dates. We collected Control Area Sale data from the Wake County Real Estate database which summarizes data directly from the Real Estate Assessor website for the county. We have also reviewed other public records and verified marketing information through online sources such as Zillow.com, Redfin.com, Realtor.com and Estately.com. We have verified these sales through county records, conversations with brokers, and the County Assessor’s Office. We excluded sales that were not arm’s length, such as REO sales or bank-owned properties, or those between related parties. Prepared for TPE Development, LLC Page | 70 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 1 Adjoining Property 10 (Test Area Sale 1) was considered for a paired sales analysis, and we analyzed this property as a single-family home use. The property is a single-story 1,470 square foot home located on a 0.79- acre lot that sold in September 2017. This property line is approximately 50 feet from the closest solar panel, and the improvements are approximately 200 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 10. We have identified 14 single-family home sales in the Control Area Sale group that are located within Wake County, either in Middle Creek Township or Panther Branch Township. They were built generally from 1989 to 1999 and are each similar in square footage and layout, as well as quality of construction, to the Test Area Sale and they sold within a reasonable time frame from the sale date of the Test Area Sale. Sunfish Farm Solar - Group 1: Test Area Sale Map Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Improvements Sale Price/SF Sale Date Test Sale 1 Adjoining Property 10 7513 Glen Willow Court $188,000 0.79 3 2 1989 1,470 One-Story, No Basement $127.89 Sep-17 GROUP 1 TEST AREA SALE SUNFISH FARM SOLAR Prepared for TPE Development, LLC Page | 71 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It is informative to note that the marketing time (from list date to closing date) for Control Area Sales ranged from 30 to 127 days on market, and the marketing time for Adjoining Property 10 was 98 days, which is within the range of the Control Area Sales. This is an indication that the marketability of the Test Area Sale was not negatively influenced by proximity to the solar farm. We adjusted the Control Area Sales for market conditions using the compounded monthly growth rate exhibited in the FHFA House Price Index, for the period from December 2015 to the end of December 2018 (36 months). When adjusting sales prices for market conditions (time between date of Test Area Sale and Control Area Sales date) throughout this analysis we have used regression analysis to identify the appropriate monthly market conditions adjustment. We utilized the Federal Housing Finance Agency House Price Index (FHFA HPI) for the 27592 zip code to determine the average monthly rate of appreciation. The FHFA HPI is a broad measure of the movement of single-family house prices. The FHFA HPI is a weighted, repeat-sales index, meaning that it measures average price changes in repeat sales or re-financings on the same properties. The FHFA HPI serves as a timely, accurate indicator of house price trends at various geographic levels.23 The results of the paired sales analysis for Adjoining Property 10 are presented below. The difference between the unit price of the Test Area Sale and the Adjusted Median Unit Price of the Control Area Sales is considered within the range for a typical market area. Noting no negative price differential, it does not appear that the Sunfish Farm solar installation impacted the sale price of the Test Area Sale, Adjoining Property 10. 23 https://www.fhfa.gov/DataTools/Downloads/Pages/House-Price-Index.aspx No. of Sales Sunfish Farm Solar CohnReznick Paired Sales Analysis Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales $124.86 GROUP 1 - Adjoining Property 10 2.43% Adjusted Median Price Per SF Control Area Sales (14) Potentially Impacted by Solar Farm No: Not adjoining solar farm Yes: Adjoining solar farm $127.89Test Area Sale (1) Prepared for TPE Development, LLC Page | 72 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 Adjoining Property 15 (Test Area Sale) was considered for a paired sales analysis, and we analyzed this property as a manufactuerd single-family home use, with 1,860 square feet of improvements, on a parcel of 1.24-acres, that sold in October 2019. The property line for this property is approximately 665 feet from the closest solar panel, and the improvements are approximately 760 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 15. In Group 2, we have studied only homes on lots between 0.50 and 1.60 acres and homes that are greater than 1,750 square feet, built between 1990 and 2003, so as to be comparable to the Test Area Sale home. The Control Area Sales sold within a reasonable time frame from the sale date of the Test Area Sale and are similar to the Test Area Sale in physical characteristics, that is they are one-story manufactured homes with no basements, that are located in Wake County, either in Middle Creek Township or Panther Branch Township. Sunfish Farm Solar - Group 2: Test Area Sale Map Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Improvements Sale Price/SF Sale Date Test Sale 1 Adjoining Property 15 7608 Maude Stewart Road $125,000 1.24 2 2 1990 1,860 One-Story, Manufactured, No Basement $67.20 Oct-19 TEST AREA SALE GROUP 2 SUNFISH FARM SOLAR Prepared for TPE Development, LLC Page | 73 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. We analyzed the eight Control Area Sales and adjusted the Control Area Sales for market conditions using the compounded monthly growth rate exhibited in the FHFA House Price Index, for the period from December 2018 to December 2020 (24 months). The results of the paired sales analysis for Adjoining Property 15 are presented below. The unit sale price of the Test Area Sale was slightly higher than the median adjusted unit sale price of the Control Area Sales and is considered within the range for a typical market area. Noting no negative price differential, it does not appear that the Sunfish Farm solar installation impacted the sale price of the Test Area Sale, Adjoining Property 15. No. of Sales Control Area Sales (8) No: Not adjoining solar farm $66.23 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales 1.47% GROUP 2 - Adjoining Property 15 Potentially Impacted by Solar Farm Adjusted Median Price Per SF Test Area Sale (1) Yes: Adjoining solar farm $67.20 Sunfish Farm Solar CohnReznick Paired Sales Analysis Prepared for TPE Development, LLC Page | 74 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 7: CALL FARMS 3 SOLAR, BATAVIA, GENESSEE COUNTY, NEW YORK Coordinates: Latitude 43.02305, Longitude -78.1812 PIN: 1824004-1-26.111/A Total Land Size: ± 81.6 Acres Date Project Announced: May 2017 Date Project Completed: July 2018 Output: 2 MW AC This solar facility was put into operation in July 2018 and has a power output capacity of 2 MW AC, enough to power 300 homes. The solar fam is currently owned by AES Distributed Energy. The project was initially being developed by Forefront, and was known as Spring Sun South, until AES acquired it in August 2017 just prior to construction. The facility was built by Expy Energy and features two inverters, fixed tilt ground racking and over 8,700 solar panels. The Surrounding Area: The Call Farms 3 solar farm is located in the town of Batavia, that surrounds the outskirts of the City of Batavia, in Genesee County, New York. Roughly equidistant from Buffalo to the west and Rochester to the east, the solar farm is centrally located in the county, and the county is in the northwestern tip of the state of New York. Prepared for TPE Development, LLC Page | 75 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Immediate Area: The solar farm is located along State Street Road, near the interchange of the New York State Thruway (I-90) and Oak Orchard Road. The solar farm is immediately surrounded by agricultural land to the north, west, and south. To the northeast of the solar farm are two commercial properties, Battery Systems of Batavia and an Ashley Home Furniture distribution center. To the south there is a landscape company with a parcel that houses equipment storage and parking. To the east there a few residential properties on the east side of State Street Road, across the road from the solar parcel. Real Estate Tax Information: After development of the solar farm, a sub-parcel number was created for the solar farm and a parent parcel number retained that was taxable at the agricultural land rate. By 2019 the solar parcel started being assessed and taxed separately in addition to the parent land parcel. The addition of the solar farm increased the taxes collected on the land by 18 percent. The map below displays the parcels containing the solar farm and adjoining properties (outlined in yellow). Properties adjoining this parcel are numbered for subsequent analysis (boxed in red). PIN Acres 2017 Taxes Paid 2019 Taxes Paid Tax Increase 2017 Assessed Value 2019 Assessed Value Value Increase Genesee, NY 1824004-1-26.111 (Parent) 11,646$ 11,540$ $ 327,900 $ 327,300 1824004-1-26.111/A (Solar Parcel)81.60 2,106$ 900,000$ TOTAL 81.60 11,540$ 13,647$ 18% 327,300$ 1,227,300$ 275% Call Farms 3 Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 76 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. One adjoining residential property, Adjoining Property 4, (300 feet from the house to the nearest solar panel) was sold on April 5, 2018, which was after the solar farm was built and just before the solar farm became operational. We spoke to the selling broker, John Gerace of Gerace Realty, who was under the impression that the solar farm was operational prior to closing because the construction appeared complete prior to the closing date. We note this to illustrate that the market reacted as if the solar farm were operational at the time of sale. Gerace said that interested buyers, including the eventual buyer, expressed relief that the home would no longer face agricultural land with unknown development potential, and that there was no glare from the panels. In addition to being an active broker in the community, Mr. Gerace previously sat on the zoning board, and he frequently attends town hall meetings. He said that typically a portion of the community expresses concerns about potential solar farms, but he never noticed a decrease in value or marketability for solar farm proximity. PAIRED SALES ANALYSIS Adjoining Property 4 was considered for a paired sales analysis, and we analyzed this property as a single family home use. The following table outlines the other important characteristics of Adjoining Property 4. We analyzed five Control Area Sales with similar construction and characteristics that sold within a reasonable time frame relative to the sale date of Adjoining Property 4. We adjusted the Control Area Sales for market conditions using a regression analysis to identify the appropriate monthly market conditions adjustment. Adj. Property #Address Sale Price Site Size (AC) Beds Baths Year Built Square Feet Sale Price per SF Sale Date 4 8053 State St Rd, Batavia $155,000 1.00 5 2.0 1967 2,636 $58.80 Apr-18 Call Farms 3 Solar Test Area Sale Prepared for TPE Development, LLC Page | 77 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The result of our analysis for the Call Farms 3 solar farm is presented below. Noting no negative price differential, with the Test Area Sale having a higher unit sale price than the Control Area Sales, it does not appear that the Call Farms 3 Solar Farm had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.31% Control Area Sales (5) No: Not adjoining solar farm $58.62 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Call Farms 3 Solar Test Area Sale (1) Adjoining solar farm $58.80 Call Farms 3 Solar Farm – Test Area Sale Map Prepared for TPE Development, LLC Page | 78 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 8: IMPA FRANKTON SOLAR FARM, FRANKTON, INDIANA Location: Frankton, Madison County, Indiana Coordinates: Latitude 40.125701; Longitude -85.4626.88 PIN: 48-08-06-500-012.001-020 Total Land Size: 13 acres Date Project Announced: November 2013 Date Project Completed: June 2014 Output: 1.0 MW AC (1.426 MW DC) IMPA Frankton Solar Farm is located on the west side of South Lafayette Street, in the Town of Frankton. The solar farm was built in 2014 in joint effort by Inovateus Solar and Indiana Municipal Power Agency (IMPA). This solar farm has the capacity for 1 MW AC and its expected annual output is 1,426 MWh (megawatt hours). The solar farm is separated off from the adjacent properties by a 6 foot fence that surrounds the entirety of the solar panels. From our inspection of the site, we noted that the driveway to access the panels slopes downward and allows some views of the site. The Surrounding Area: The IMPA Frankton solar farm is located in Lafayette Township, in the central portion of Madison County, Indiana. The solar farm is approximately 50 miles northeast of the center of Indianapolis and 65 miles northeast of the Indianapolis International Airport. The Immediate Area: The solar installation is relatively centrally located in an undeveloped pocket of the town of Frankton, on the western side of South Lafayette Street. Adjoining parcels to the west include park land featuring baseball fields. Land further to the west is agricultural in nature, actively farmed primarily with row crops. Adjoining parcels to the north are residential with large estate homes. Adjoining the solar farm to the southeast is a single-family home identified in our analysis as Adjoining Property 7, and a baseball field. More farmland is directly south of the solar site. The solar site is adjoining a number of homes located east of the panels, along Lafayette Street. Mature trees at the rear of residential properties act as vegetative buffers. Across Lafayette Street, to the east, are single-family residential homes forming the southeast quadrant of homes in Frankton. All of the adjacent land parcels to the solar farm are used for agricultural, residential, or recreational purposes. The solar farm is surrounded by a chain link fence that contains all the solar panels. Additionally, vegetative buffers along sides facing residential properties were planted as part of the solar farm development. Prepared for TPE Development, LLC Page | 79 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Real Estate Tax Information: Prior to development of the solar farm in 2014, the original owner held one parcel of 15.667 acres with a home, pole barn and a utility shed, and no personal property was assessed on this parcel. In 2014 the parcel was split into two parcels and 13 acres was sold to IMPA for development of the solar farm. The owner of the parent parcel of 15.667 acres paid real estate taxes of $1,799 annually, prior to the split. After development of the solar farm, real estate taxes for both parcels, plus personal property tax revenue generated from the solar parcel, caused an increase $8,275, or a 360 percent increase in tax revenue for the entire site. The map below displays the solar farm parcel (outlined in red). Properties adjoining this parcel are numbered for subsequent analysis. IMPA Frankton Solar Farm - Adjoining Properties PIN Acres 2013 Taxes Paid 2017 Taxes Paid Tax Increase 2013 Assessed Value 2017 Assessed Value Value Increase Madison County, IN 48-08-06-500-012.000-020 (parent) 15.667 (2013) 1,799$ 1,402$ $ 138,700 $ 127,000 Personal Property -$ -$ $ - $ - 48-08-06-500-012.001-020 (2014 solar parcel split) 13.00 (2017) -$ 4,063$ $ - $ 137,400 Personal Property -$ 2,810$ $ - $ 440,380 TOTAL 0.00 1,799$ 8,275$ 360% 138,700$ 704,780$ 408% Prepared for TPE Development, LLC Page | 80 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS We have performed a paired sales analysis with regards to the IMPA Frankton solar farm. The analysis compares sales of Adjoining Properties to the solar farm after the completion of the solar farm site (Test Area Sales) to similar properties not proximate to the solar farm (Control Area Sales). We utilized this type of paired sale analysis for both groups of Adjoining Properties under study. GROUP 1 In Group 1, we identified and analyzed six Control Area Sales that were comparable to the Test Area Sale in location, size, and use that were not located in close proximity to the solar farm. We excluded sales that were bank-owned, or otherwise non arms’-length transactions. Adjoining Property 2 was manufactured single-family home use. We identified six Control Area Sales that are included in this analysis that sold within a reasonable time frame from the sale date of the Test Area Sale (Adjoining Property 2) and are similar to the Test Area Sale in physical characteristics. Adj. Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Sale Date Price PSF 2 607 S. Lafayette St Frankton, IN $41,900 0.37 2 2 1991 1,466 Jun-15 $28.58 IMPA Frankton Solar Farm Test Area Sales Group 1 Prepared for TPE Development, LLC Page | 81 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. IMPA Frankton Solar Farm – Group 1: Test Area Sale Map Control Area Sales in Group 1 were adjusted for market conditions using a regression analysis to identify the appropriate monthly market condition adjustment. The results of our study are presented below. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price per SF 0.56%Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales IMPA Frankton Solar Farm Group 1 CohnReznick Paired Sale Analysis Test Area Sale (1) Control Area Sales (6) No: Not adjoining solar farm $28.42 Adjoining Solar Farm $28.58 Prepared for TPE Development, LLC Page | 82 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 In Group 2, we identified and analyzed five Control Area Sales that were comparable to the Test Area Sale (Adjoining Property 7) in location, size, and use that were not located in close proximity to the solar farm. We excluded sales that were bank-owned, or otherwise non arms’-length transactions. Adjoining Property 7 was analyzed as a single-family home use. We identified five Control Area Sales that are included in this analysis that sold within a reasonable time frame from the sale date of the Test Area Sale and are similar to the Test Area Sale in physical characteristics. IMPA Frankton Solar Farm – Group 2: Test Area Sale Map Adj. Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Sale Date Price PSF 7 713 S. Lafeytte St Frankton, IN $131,000 3.04 4 2 2003 2,500 Oct-16 $52.40 Group 2 IMPA Frankton Solar Farm Test Area Sales Prepared for TPE Development, LLC Page | 83 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales in Group 2 were adjusted for market conditions using a regression analysis to identify the appropriate monthly market condition adjustment. The results of our study are presented below. Noting the relatively small price differential, in which the Test Area Sales were higher than the median for the Control Areas Sales, in both Groups 1 and 2, it does not appear that the IMPA Frankton solar farm had any negative impact on adjoining property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price per SF 1.81% Control Area Sales (5) No: Not adjoining solar farm $51.47 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis IMPA Frankton Solar Farm Group 2 Test Area Sale (1) Adjoining Solar Farm $52.40 Prepared for TPE Development, LLC Page | 84 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 9: JEFFERSON COUNTY COMMUNITY SOLAR GARDEN, JEFFERSON COUNTY, COLORADO Coordinates: Latitude 39.859564, Longitude -105.1497 PIN: 29-194-01-037 Total Land Size: 13.63 acres Date Project Announced: November 2013 Date Project Completed: May 2016 Output: 1.2 MW AC The Jefferson County Community Solar Garden is adjacent to the Whisper Creek residential subdivision, just outside the City of Arvada, and was developed by SunShare Management. This solar farm has the capacity for 1.2 Megawatts (AC) of power, which is enough to power 300 homes. After two months of operation, the solar farm was 100 percent subscribed and its three largest customers are the cities of Arvada and Northglenn, as well as the Green Mountain Water and Sanitation District. The Surrounding Area: The Whisper Creek subdivision is located between the Welton Reservoir to the west and Standley Lake to the east. To the northwest of the subdivision lies the Colorado Hills Open Space and the Rocky Flats national Wildlife Refuge. The subdivision is primarily in the City of Arvada city limits, but the municipal boundary splits the street the Test Area Sales are located on, West 89 th Loop, some are in Arvada and some are in unincorporated Jefferson County. Arvada is a northwestern suburb of the City of Denver and is accessible via Interstate-25 and Interstate-70 and Interstate-76. The Immediate Area: The immediate area has uses that consist of vacant land to the north and east, a horse and alpaca farm to the south, known as Evening Star Farms, and single-family homes and a municipal police station and vacant land to the west. Real Estate Tax Information: In 2017, real estate taxes totaled $79.10 for the entire parcel for the year, which is slightly less than taxes billed in 2016 and 2015. Prepared for TPE Development, LLC Page | 85 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS We found three Adjoining Properties that qualified for a paired sales analysis. The map below displays the solar farm parcel (outlined in yellow) and the Adjoining Properties (outlined in red) are numbered for subsequent analysis Jefferson County Community Solar Garden - Adjoining Properties (Q2 2016 imagery date) (Green Arrow – Direction of Photos on Following Page) Prepared for TPE Development, LLC Page | 86 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. View from 89th Loop towards Solar Farm at rear of home View from the rear of a Test Area Sale, towards Solar Farm Solar Farm Solar Farm Prepared for TPE Development, LLC Page | 87 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Adjoining Properties 9, 10, and 13 (Test Area Sales 1, 2, and 3, respectively), were considered for a paired sales analysis. The Test Area Sales are two-story, single-family residential homes with four bedrooms and three and a half bathrooms, between 3,000 and 4,000 square feet of gross living area, on less than 0.30 acre of land, and each sold in 2016 as new construction homes. The Test Area Sales are located between 595 feet and 720 feet from the house to the solar panels. We analyzed six Control Area Sales of single-family homes that are included in this analysis that sold within a reasonable time frame from the median sale date of the Test Area Sales and are similar to the Test Area Sales in physical characteristics. The Control Area Sales are removed from the solar panels in other areas of the Whisper Creek subdivision. Jefferson County Community Solar Garden – Test Area Sales Map Adj. Property #Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 9, 10, 13 13929 W 89TH LOOP, 13919 W 89TH LOOP, 13889 W 89TH LOOP $635,500 0.23 4 3.5 2016 3,848 Jun-16 $165.15 Jefferson County Community Solar Garden Test Area Sales Prepared for TPE Development, LLC Page | 88 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. The results of our analyses for the Jefferson County Community Solar Garden are presented below. Noting no negative price differential, it does not appear that the Jefferson County Community Solar Garden had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.48% No: Not Adjoining solar farm $164.36 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Jefferson County Community Solar Garden Test Area Sales (3) Adjoining solar farm $165.15 Control Area Sales (6) Prepared for TPE Development, LLC Page | 89 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 10: VALPARAISO SOLAR, VALPARAISO, PORTER COUNTY, INDIANA Coordinates: Latitude 41.301180, Longitude –87.094055 PINs: 64-09-07-152-001.000-019 and 64-09-07-152-002.000-019 Total Land Size: 27.9 Acres Date Project Announced: March 2012 Date Project Completed: December 20, 2012 Output: 1 MW AC (1.3 MW DC) The Valparaiso solar farm was developed by Sustainable Power Group, LLC and became operational in December 2012. The solar facility has ground mounted capacity for 1.0 Megawatts (MW) AC of power. The panels are mounted in a fixed tilt fashion and there are two inverters in this solar farm. The Surrounding Area: The Valparaiso solar farm is located in Union Township, in the northwest portion of Porter County, Indiana. Porter County is located in the very northwest corner of the state of Indiana. The solar farm is approximately 10 miles northwest of the Porter County Regional Airport and approximately six and a half miles northwest of the center of the city of Valparaiso. The Immediate Area: This solar farm is located on the southern side of Indiana Route 130 (Railroad Avenue) in Valparaiso, Porter County, Indiana and is located approximately 35 miles southwest of downtown Chicago. Adjoining parcels to the solar farm to the east and south are residential homes and to the west and north are agricultural in nature. The solar farm is lined by a chain link fence that surrounds all of the solar panels. Additionally, there are bushes and trees to the north and west of the solar panels; this vegetation has been in place since before development of the solar farm. Other small trees were planted and spaced out around the perimeter of the solar farm after development. From our inspection, the solar panels cannot be seen from Indiana State Route 130 from the north, nor on N 475 W Road to the east as this is a raised roadway. The adjacent properties to the east of the solar panels have full view of the panels from the backyards of the homes. Prepared for TPE Development, LLC Page | 90 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Real Estate Tax Information: Prior to development of the solar farm, in 2011, the original parent parcel contained a home, a homesite, excess land, and agricultural land. In 2012, Valparaiso Solar, LLC bought the entire property to develop the solar farm on. Subsequently when Valparaiso Solar, LLC sold the project to PLH, LLC, they split the parcels so that the home and homesite were one parcel of 3.25 acres and the remaining 24.65 acres were the solar panel site. After development of the solar farm development, in 2015, total real estate taxes for both parcels had increased to approximately $2,587, a 25 percent increase in tax revenue for the site. The maps below and on the following page display the solar farm parcels (outlined in red). Properties adjoining this parcel are numbered for subsequent analysis. Valparaiso Solar Farm - Adjoining Properties PIN Acres 2011 Taxes Paid 2015 Taxes Paid Tax Increase 2011 Assessed Value 2015 Assessed Value Value Increase Porter County, IN 64-09-07-151-001.000-019 (parent parcel) 2,072$ $ 203,800 64-09-07-152-001.000-019 (split parcel) 24.65 2,587$ $ 156,800 64-09-07-152-002.000-019 (split parcel) 3.25 1,741$ 187,900$ TOTAL 27.90 2,072$ 2,587$ 25% 203,800$ 344,700$ 69% Prepared for TPE Development, LLC Page | 91 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Valparaiso Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 92 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS Adjoining Properties 10 and 14 (Test Area Sales) were each considered for a paired sales analysis. Both were analyzed as single-family home uses. GROUP 1 For Adjoining Property 10 (Group 1), the residential home is approximately 514 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 10. We analyzed five Control Area Sales that sold within a reasonable time frame from the sale date of Adjoining Property 10. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. Adj. Property #Address Sale Price Site Size (AC) Beds Baths Year Built Square Feet Price PSF Sale Date 10 489 W 450 N, Valparaiso, IN $105,000 1.45 3 2 1993 1,274 82.42$ Jul-15 Valparaiso Solar Test Area Sale Group 1 Prepared for TPE Development, LLC Page | 93 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Valparaiso Solar - Group 1: Test Area Sale Map The result of our analyses for Group 1 is presented below. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 3.09% Control Area Sales (5) No: Not adjoining solar farm $79.95 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales Test Area Sales (1) CohnReznick Paired Sale Analysis Valparaiso Solar Group 1 Adjoining solar farm $82.42 Prepared for TPE Development, LLC Page | 94 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TECHNIQUE 3: MARKET COMMENTARY Additionally, we have contacted market participants such as appraisers, brokers, and developers familiar with property values around solar farms. Commentary from our conversations with these market participants is recorded below. In Otter Creek Township, in LaSalle County, Illinois, we spoke with Viki Crouch, the Township Assessor, who she said that there has been no impact on property values due to their proximity to the Grand Ridge Solar Farm. We spoke with Ken Crowley, Rockford Township Assessor in Winnebago County, Illinois, who stated that he has seen no impact on property values in his township as an effect of proximity to the Rockford Solar Farm. We spoke with James Weisiger, the Champaign Township Assessor in Champaign County, where the University of Illinois Solar Farm is located, and he noted that no one has petitioned to have their property assessments lowered and there appears to have been no impact on property values as a result of proximity to the solar farm. We spoke with Ken Surface, a Senior Vice President of Nexus Group. Nexus Group is a large valuation group in Indiana and has been hired by 20 counties in Indiana regarding property assessments. Mr. Surface is familiar with the solar farm sites in Harrison County (Lanesville Solar Farm) and Monroe County (Ellettsville Solar Farm) and stated he has noticed no impact on property values from proximity to these sites. We interviewed Missy Tetrick, a Commercial Valuation Analyst for the Marion County Indiana Assessor. She mentioned the Indy Solar III sites and stated that she saw no impact on land or property prices from proximity to this solar farm. We spoke with Dorene Greiwe, Decatur County Indiana Assessor, and she stated that solar farms have only been in the county a couple of years, but she has seen no impact on land or property prices due to proximity to this solar farm. Connie Gardner, First Deputy Assessor for Madison County Indiana, stated that there are three solar farms in her county, and she has seen no impact on land or property prices due to proximity to these solar farms. We spoke with Tara Shaver, Director of Administration for Marion County, Indiana Assessor/Certified Assessor, and she stated that she has seen no impact on land or property prices due to proximity to solar farms . Candace Rindahl of ReMax Results, a real estate broker with 16 years of experience in the North Branch, Minnesota area, said that she has been in most of the homes surrounding the North Star Solar Farm and personally sold two of them. She reported that the neighboring homes sold at market rates comparable to other homes in the area not influenced by the solar farm, and they sold within 45 days of offering, at the end of 2017, which was in line with the market. Dan Squires, Chisago County Tax Assessor (Minnesota), confirmed that the Chisago County Assessor’s Office completed their own study on property values adjacent to and in close vicinity to the solar farm from January Prepared for TPE Development, LLC Page | 95 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. 2016 to October 2017. From the study, the assessor determined the residential homes adjacent to the North Star Solar Farm (Minnesota) were in-line with the market and were appreciating at the same rate as the market.24 Renee Davis, Tax Administrator for Bladen County, North Carolina, stated that she has not seen any effect on property values due to proximity to a solar farm. We spoke with Jim Brown, an appraiser for Scotland County, North Carolina, who stated that he has seen no effect on property values due to proximity to a solar farm. We spoke with Gary Rose, a tax assessor for Duplin County, North Carolina, who stated that he has seen no effect on property values in regards to proximity to a solar farm. Kathy Renn, a property Valuation Manager for Vance County, North Carolina, stated that she has not noticed any effect on property values due to proximity to a solar farm. Larry Newton, a Tax Assessor for Anson County, North Carolina, stated that there are six solar farms in the county ranging from 20 to 40 acres and he has not seen any evidence that solar farms have had any effect on property values due to proximity to a solar farm. We spoke with Patrice Stewart, a Tax Administrator for Pasquotank County, North Carolina, and she has seen no effect on land or residential property values due to proximity to the solar farms in Pasquotank County. We spoke with the selling broker of the Adjoining Property for Elm City Solar, in North Carolina, Selby Brewer, who said the solar farm did not impact the buyer’s motivation. We spoke with Amy Carr, Commissioner of Revenue in Southampton County, Virginia, who stated that most of the solar farms are in rural areas, but she has not seen any effect or made any adjustments on property values. They have evaluated the solar farmland considering a more intense use, which increased the assessed value. The Interim Assessor for the town of Whitestown in Oneida County, New York, Frank Donato, stated that he has seen no impact on property values of properties nearby solar farms. Steve Lehr at the Department of Assessment for Tompkins County, New York, mentioned that the appraisal staff has made no adjustments regarding assessed values of properties surrounding solar farms. Marketing times for properties have also stayed consistent. Lehr noted that a few of the solar farms in Thompkins County are on land owned by colleges and universities and a few are in rural areas. At this point in time, Al Fiorille, Senior Valuation Specialist in the Tompkins County Assessment department in New York, reported that he cannot measure any negativity from the solar farms and arrays that have been installed within the county. 24 Chisago County Press: County Board Real Estate Update Shows No “Solar Effects” (11/03/2017) Prepared for TPE Development, LLC Page | 96 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. In the Assessor’s office in the town of Seneca, Ontario County, New York, Shana Jo Hamilton stated that she has seen no impact on property values of properties adjacent to solar farms . Michael Zazzara, Assessor of the City of Rochester in Monroe County, New York commented that the City has a couple of solar farms, and they have seen no impact on nearby property values and have received no complaints from property owners. While there are one or two homes nearby to existing solar farms in the town of Lisbon in St. Lawrence County, New York, Assessor Stephen Teele has not seen any impact on property values in his town. The solar farms in the area are in rural or agricultural areas in and around Lisbon. The Assessor for the Village of Whitehall in Washington County, New York, Bruce Caza, noted that there are solar farms located in both rural and residential areas in the village and he has seen no impact on adjacent properties, including any concerns related to glare form solar panels. Laurie Lambertson, the Town Assessor for Bethlehem, in Albany County, New York noted that the solar farms in her area are tucked away in rural or industrial areas. Lambertson has seen no impact on property values in properties adjacent to solar farms. Prepared for TPE Development, LLC Page | 97 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM FACTORS ON HARMONY OF USE Zoning changes and conditional use permits often require that the proposed use is compatible with surrounding uses. The following section analyzes specific physical characteristics of solar farms and is based on research and CohnReznick’s personal solar farm site visits and indicate that solar farms are generally harmonious with surrounding property and compliant with most zoning standards. Appearance: Most solar panels have a similar appearance to a greenhouse or single-story residence can range from 8 to 20 feet but are usually not more than 15 feet high. As previously mentioned, developers generally surround a solar farm with a fence and often leave existing perimeter foliage, which minimizes the visibility of the solar farm. The physical characteristics of solar farms are compatible with adjoining agricultural and residential uses. Sound: Solar panels in general are effectively silent and sound levels are minimal, like ambient sound. There are limited sound-emitting pieces of equipment on-site, which only produce a quiet hum (e.g., inverters). However, these sources are not typically heard outside the solar farm perimeter fence. Odor: Solar panels do not produce any byproduct or odor. Greenhouse Gas (GHG) Emissions: Much of the GHG produced in the United States is linked to the combustion of fossil fuels, such as coal, natural gas, and petroleum, for energy use. Generating renewable energy from operating solar panels for energy use does not have significant GHG emissions, promoting cleaner air and reducing carbon dioxide (CO 2) emissions to fight climate change. Traffic: The solar farm requires minimal daily onsite monitoring by operational employees and thus minimal operational traffic. Hazardous Material: Modern solar panel arrays are constructed to U.S. government standards. Testing shows that modern solar modules are both safe to dispose of in landfills and are also safe in worst case conditions of abandonment or damage in a disaster.25 Reuse or recycling of materials would be prioritized over disposal. Recycling is an area of significant focus in the solar industry, and programs for both batteries and solar panels are advancing every year. While the exact method of recycling may not be known yet as it is dependent on specific design and manufacturer protocol, the equipment is designed with recyclability of its components in mind, and it is likely that solar panel and battery energy storage recycling and reuse programs will only improve in 25 years’ time. Examples of homes built adjoining to solar farms are presented on the following pages. 25 Virginia Solar Initiative - Weldon Cooper Center for Public Service – University of Virginia (https://solar.coopercenter.org/taxonomy/term/5311) Prepared for TPE Development, LLC Page | 98 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. For the Dominion Indy III solar farm, the adjacent land to the west was acquired and subsequently developed with a large estate home – after the solar panels had been in operation for years. Dominion Indy III Solar Farm September 2014 Dominion Indy III Solar Farm October 2016 Estate home adjacent to Dominion Indy III Solar Farm In ground pool and attached garage (home cost estimated at $450,000 - October 2015 ) ~150 ft Prepared for TPE Development, LLC Page | 99 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Single Family Home Development (1) - End-user built -2,933 SF - Completed on 3/1/2019 - Cost estimate: $170,300 Single Family Home Development (2) - Developer built - 4 Bedroom - 3 Bathroom - 2,401 SF - Sold 6/18/19 for $265,900 ($110.75/sf) Innovative Solar 42 (2017) Cumberland County, NC Innovative Solar 42 (2019) Cumberland County, NC Prepared for TPE Development, LLC Page | 100 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Developer Built Home Sold 6/18/19 for $265,900 ($110.75/sf) Cumberland County, NC (adjacent to Innovative 42 solar farm) Prepared for TPE Development, LLC Page | 101 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Portage Solar Farm, IN October 2015 Portage Solar Farm, IN October 2016 4,255 square foot estate home under construction, adjacent to Portage Solar Farm located in Indiana On-site pond and attached garage (cost estimated at $465,000) April 2018 4,255 SF Estate Home Under Construction, 4BR 5Ba + Pond Prepared for TPE Development, LLC Page | 102 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Brighton PV Solar farm became operational in December 2012. Located in Adams County, north of Denver, CO, this solar farm has a capacity of 1.8 MW AC and is located on a triangular parcel of land east of an area of existing custom-built estate homes. A photo of one home (15880 Jackson Street) located directly north of the circled area below, is presented to the right. In December 2012, the 2.55-acre lot circled in red below (15840 Jackson Street) was purchased for future development of a single-family home. This home was built in 2017, and per the county assessor, the two-story home is 3,725 square feet above ground with 4 bedrooms and 3.5 bathrooms. According to the building permit issued in August 2016, the construction cost was budgeted at $410,000. Brighton PV Solar, Adams County, CO June 2016 Brighton PV Solar, Adams County, CO June 2017 Prepared for TPE Development, LLC Page | 103 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SUMMARY OF ADJOINING USES The table below summarizes each Existing Solar Farm’s adjoining uses. Overall, the vast majority of the surrounding acreage for each comparable solar farm is made up of agricultural land, some of which have homesteads. There are also smaller single-family home sites that adjoin the solar farms analyzed in this report. Generally, these solar farms are sound comparables to Cypress Creek Renewables’ proposed solar project in terms of adjoining uses, location, and size. Solar Farm #Solar Farm Acreage % of Surrounding Agricultural Uses Acreage % of Surrounding Residential Uses Acreage % of Surrounding Industrial Uses Acreage % of Surrounding Office Uses Acreage % of Surrounding Other Uses Avg. Distance from Panels to Improvements (Feet) 1 DTE Lapeer Solar 60.00% 35.00% 0.00% 0.00% 5.00% 260 2 Grand Ridge Solar 97.60% 1.40% 0.00% 0.00% 1.00% 553 3 Woodland Solar 25.00% 5.00% 0.00% 0.00% 60.00% 615 4 Dominion Indy Solar III 97.70% 2.30% 0.00% 0.00% 0.00% 474 5 Sunfish Farm Solar 87.70% 18.30% 0.00% 0.00% 0.00% 380 6 Call Farms 3 Solar 44.40% 5.50% 3.30% 0.00% 9.40% 328 7 Portage Solar 65.50% 34.50% 0.00% 0.00% 0.00% 991 8 IMPA Frankton Solar 76.30% 5.70% 0.00% 0.00% 18.00% 236 9 Jefferson Community Solar Garden 73.00% 10.00% 0.00% 0.00% 16.67% 790 10 Valparaiso Solar 81.60% 18.40% 0.00% 0.00% 0.00% 659 Composition of Surrounding Uses (% of Surrounding Acreage) Prepared for TPE Development, LLC Page | 104 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SUMMARY AND FINAL CONCLUSIONS The purpose of this property value impact report is to determine whether the presence of a solar farm has caused a measurable and consistent impact on adjacent property values. Under the identified methodology and scope of work, CohnReznick reviewed published methodology for measuring impact on property values as well as published reports that analyzed the impact of solar farms on property values. These studies found little to no measurable and consistent difference between Test Area Sales and Control Area Sales attributed to the solar farms. A summary of the chosen CohnReznick impact studies prepared is presented below. As summarized above, we evaluated 30 property sales adjoining existing solar facilities (Test Area Sales) and 115 Control Area Sales. In addition, we studied a total of 37 Test Area Sales and 46 Control Area Sales in two Before and After analyses. In total, we have studied over 1,430 sale transactions across the United States. The solar farms analyzed reflected sales of property adjoining an existing solar farm (Test Area Sales) in which the unit sale prices were effectively the same or higher than the comparable Control Area Sales that were not near a solar farm. The conclusions support that there is no negative impact for improved residential homes adjacent to solar, nor agricultural acreage. This was confirmed with market participants interviews, which provided additional insight as to how the market evaluates farmland and single-family homes with views of the solar farm. Solar Farm #Solar Farm Number of Test Area Sales Number of Control Area Sales Median Adjoining Property (Test Area Sales) Sales Price per Unit Control Area Sales Median Price per Unit Difference (%) Avg. Feet from Panel to Lot Avg. Feet from Panel to House Impact Found? Single-Family Residential 1 Portage Solar Group 2 1 7 $84.35 $84.27 +0.09% 1,070 1,233 No Impact 2 DTE Lapeer Solar Group 1 3 6 $105.26 $99.64 +5.64% 205 285 No Impact DTE Lapeer Solar Group 2 1 5 $114.12 $113.01 +0.98% 225 315 No Impact DTE Lapeer Solar Group 3 1 4 $94.84 $96.32 -1.54% 160 290 No Impact 3 Grand Ridge Solar 1 5 $79.90 $74.35 +7.46% 366 479 No Impact 4 Woodland Solar 1 5 $144.63 $137.76 +4.99% 420 615 No Impact 5 Dominion Indy Solar III Group 2 4 8 $59.10 $57.84 +2.18% 240 350 No Impact Dominion Indy Solar III Group 3 7 11 $72.15 $71.69 +0.64% 165 300 No Impact 6 Sunfish Farm Solar Group 1 1 14 $127.89 $124.86 +2.43% 50 200 No Impact Sunfish Farm Solar Group 2 1 10 $67.20 $66.23 +1.47% 665 760 No Impact 7 Call Farms 3 Solar 1 5 $58.80 $58.62 +0.31% 200 297 No Impact 8 IMPA Frankton Solar Group 1 1 6 $28.58 $28.42 +0.56% 120 153 No Impact IMPA Frankton Solar Group 2 1 5 $52.40 $51.47 +1.81% 163 415 No Impact 9 Jefferson Community Solar Garden 3 6 $165.15 $164.36 +0.48% 609 658 No Impact 10 Valparaiso Solar Group 1 1 5 $82.42 $79.95 +3.09% 323 516 No Impact Median Variance in Sale Prices for Test to Control Areas +1.47% 28 Adjoining Test Sales studied and compared to 102 Control Sales Land (Agricultural/Single Family Lots) 1 Portage Solar Group 1 1 9 $8,000 $7,674 +4.25% 845 - No Impact 5 Indy Solar III Group 1 1 4 $8,210 $8,091 +1.47% 280 - No Impact Median Variance in Sale Prices for Test to Control Areas +1.47% 2 Adjoining Test Sales studied and compared to 13 Control Sales CohnReznick Solar Analysis Conclusions Prepared for TPE Development, LLC Page | 105 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It can be concluded that since the Adjoining Property Sales (Test Area Sales) were not adversely affected by their proximity to the solar farm, that properties surrounding other proposed solar farms operating in compliance with all regulatory standards will similarly not be adversely affected, in either the short or long term periods. Based upon the examination, research, and analyses of the existing solar farm uses, the surrounding areas, and an extensive market database, we have concluded that no consistent negative impact has occurred to adjacent property values that could be attributed to proximity to the adjacent solar farm , with regard to unit sale prices or other influential market indicators. Additionally, in our workfile we have retained analyses of additional existing solar farms, each with their own set of matched control sales, which had consistent results, indicating no consistent and measurable impact on adjacent property values. This conclusion has been confirmed by numerous county assessors who have also investigated this use’s potential impact on property values. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, CohnReznick LLP Andrew R. Lines, MAI Principal Certified General Real Estate Appraiser Illinois License No. 553.001841 Expires 9/30/2023 Indiana License No. CG41500037 Expires 6/30/2022 Patricia L. McGarr, MAI, CRE, FRICS National Director - Valuation Advisory Services Certified General Real Estate Appraiser Illinois License No. #553.000621 Expires 9/30/2023 Indiana License No. #CG49600131 Expires 6/30/2022 Michigan License No. 1201072979 Expires 7/31/2022 Erin C. Bowen, MAI Senior Manager Certified General Real Estate Appraiser Arizona License No. 32052 Expires 12/31/2022 Prepared for TPE Development, LLC Page | 106 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact and data reported are true and correct. 2. The reported analyses, findings, and conclusions in this consulting report are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, findings, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value finding, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this report. 8. Our analyses, findings, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which includes the Uniform Standards of Professional Appraisal Practice (USPAP). 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. Patricia L. McGarr, MAI, CRE, FRICS, Andrew R. Lines, MAI, and Erin C. Bowen, MAI have viewed the exterior of all comparable data referenced in this report in person, via photographs, or aerial imagery. 11. We have not relied on unsupported conclusions relating to characteristics such as race, color, religion, national origin, gender, marital status, familial status, age, and receipt of public assistance income, handicap, or an unsupported conclusion that homogeneity of such characteristics is necessary to maximize value. 12. Joseph P. B. Ficenec provided significant appraisal consulting assistance to the persons signing this certification, including data verification, research, and administrative work all under the appropriate supervision. 13. We have experience in reviewing properties similar to the subject and are in compliance with the Competency Rule of USPAP. 14. As of the date of this report, Patricia L. McGarr, MAI, CRE, FRICS, Andrew R. Lines, MAI, and Erin C. Bowen, MAI have completed the continuing education program for Designated Members of the Appraisal Institute. Prepared for TPE Development, LLC Page | 107 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, CohnReznick LLP Andrew R. Lines, MAI Principal Certified General Real Estate Appraiser Illinois License No. 553.001841 Expires 9/30/2023 Indiana License No. CG41500037 Expires 6/30/2022 Patricia L. McGarr, MAI, CRE, FRICS National Director - Valuation Advisory Services Certified General Real Estate Appraiser Illinois License No. #553.000621 Expires 9/30/2023 Indiana License No. #CG49600131 Expires 6/30/2022 Michigan License No. 1201072979 Expires 7/31/2022 Erin C. Bowen, MAI Senior Manager Certified General Real Estate Appraiser Arizona License No. 32052 Expires 12/31/2022 Prepared for TPE Development, LLC Page | 108 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. ASSUMPTIONS AND LIMITING CONDITIONS The fact witness services will be subject to the following assumptions and limiting conditions: 1. No responsibility is assumed for the legal description provided or for matter pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. The legal description used in this report is assumed to be correct. 2. The property is evaluated free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent management are assumed. 4. Information furnished by others is believed to be true, correct and reliable, but no warranty is given for its accuracy. 5. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property is in full compliance with all applicable federal, state, and local and environmental regulations and laws unless the lack of compliance is stated, described, and considered in the evaluation report. 8. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless nonconformity has been identified, described and considered in the evaluation report. 9. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in this report. 11. The date of value to which the findings are expressed in this report apply is set forth in the letter of transmittal. The appraisers assume no responsibility for economic or physical factors occurring at some later date which may affect the opinions herein stated. 12. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraisers. The appraisers have no knowledge of the existence of such substances on or in the property. The appraisers, however, are not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, radon gas, lead or lead-based products, toxic waste contaminants, and other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the Prepared for TPE Development, LLC Page | 109 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 13. The forecasts, projections, or operating estimates included in this report were utilized to assist in the evaluation process and are based on reasonable estimates of market conditions, anticipated supply and demand, and the state of the economy. Therefore, the projections are subject to changes in future conditions that cannot be accurately predicated by the appraisers and which could affect the future income or value projections. 14. Fundamental to the appraisal analysis is the assumption that no change in zoning is either proposed or imminent, unless otherwise stipulated. Should a change in zoning status occur from the property's present classification, the appraisers reserve the right to alter or amend the value accordingly. 15. It is assumed that the property does not contain within its confined any unmarked burial grounds which would prevent or hamper the development process. 16. The Americans with Disabilities Act (ADA) became effective on January 26, 1992. We have not made a specific compliance survey and analysis of the property to determine if it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect on the value of the property. Unless otherwise noted in this report, we have not been provided with a compliance survey of the property. Any information regarding compliance surveys or estimates of costs to conform to the requirements of the ADA are provided for information purposes. No responsibility is assumed for the accuracy or completeness of the compliance survey cited in this report, or for the eventual cost to comply with the requirements of the ADA. 17. Any value estimates provided in this report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the value estimate, unless such proration or division of interests has been set forth in this report. 18. Any proposed improvements are assumed to have been completed unless otherwise stipulated; any construction is assumed to conform with the building plans referenced in this report. 19. Unless otherwise noted in the body of this report, this evaluation assumes that the subject does not fall within the areas where mandatory flood insurance is effective. 20. Unless otherwise noted in the body of this report, we have not completed nor are we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. 21. This report should not be used as a basis to determine the structural adequacy/inadequacy of the property described herein, but for evaluation purposes only. Prepared for TPE Development, LLC Page | 110 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. 22. It is assumed that the subject structure meets the applicable building codes for its respective jurisdiction. We assume no responsibility/liability for the inclusion/exclusion of any structural component item which may have an impact on value. It is further assumed that the subject property will meet code requirements as they relate to proper soil compaction, grading, and drainage. 23. The appraisers are not engineers, and any references to physical property characteristics in terms of quality, condition, cost, suitability, soil conditions, flood risk, obsolescence, etc., are strictly related to their economic impact on the property. No liability is assumed for any engineering-related issues. The evaluation services will be subject to the following limiting conditions: 1. The findings reported herein are only applicable to the properties studied in conjunction with the Purpose of the Evaluation and the Function of the Evaluation as herein set forth; the evaluation is not to be used for any other purposes or functions. 2. Any allocation of the total value estimated in this report between the land and the improvements applies only to the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are not valid if so used. 3. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in the evaluation. 4. This report has been prepared by CohnReznick under the terms and conditions outlined by the enclosed engagement letter. Therefore, the contents of this report and the use of this report are governed by the client confidentiality rules of the Appraisal Institute. Specifically, this report is not for use by a third party and CohnReznick is not responsible or liable, legally or otherwise, to other parties using this report unless agreed to in writing, in advance, by both CohnReznick and/or the client or third party. 5. Disclosure of the contents of this evaluation report is governed by the by-laws and Regulations of the Appraisal Institute has been prepared to conform with the reporting standards of any concerned government agencies. 6. The forecasts, projections, and/or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. This evaluation is based on the condition of local and national economies, purchasing power of money, and financing rates prevailing at the effective date of value. 7. This evaluation shall be considered only in its entirety, and no part of this evaluation shall be utilized separately or out of context. Any separation of the signature pages from the balance of the evaluation report invalidates the conclusions established herein. Prepared for TPE Development, LLC Page | 111 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. 8. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purposes by anyone other than the client without the prior written consent of the appraisers, and in any event, only with property qualification. 9. The appraisers, by reason of this study, are not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. 10. Neither all nor any part of the contents of this report shall be conveyed to any person or entity, other than the appraiser's client, through advertising, solicitation materials, public relations, news, sales or other media, without the written consent and approval of the authors, particularly as to evaluation conclusions, the identity of the appraisers or CohnReznick, LLC, or any reference to the Appraisal Institute, or the MAI designation. Further, the appraisers and CohnReznick, LLC assume no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions and limiting conditions of the assignment. 11. This evaluation is not intended to be used, and may not be used, on behalf of or in connection with a real estate syndicate or syndicates. A real estate syndicate means a general or limited partnership, joint venture, unincorporated association or similar organization formed for the purpose of, and engaged in, an investment or gain from an interest in real property, including, but not limited to a sale or exchange, trade or development of such real property, on behalf of others, or which is required to be registered with the United States Securities and Exchange commissions or any state regulatory agency which regulates investments made as a public offering. It is agreed that any user of this evaluation who uses it contrary to the prohibitions in this section indemnifies the appraisers and the appraisers' firm and holds them harmless from all claims, including attorney fees, arising from said use. Prepared for TPE Development, LLC Page | 112 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. ADDENDUM A: APPRAISER QUALIFICATIONS Prepared for TPE Development, LLC Page | 113 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Patricia L. McGarr, MAI, CRE, FRICS, CRA Principal and CohnReznick Group – Valuation Advisory National Director 200 S. Wacker Drive, Suite 2600 Chicago, IL 60606 312-508-5802 patricia.mcgarr@cohnreznick.com Patricia L. McGarr, MAI, CRE, FRICS, CRA, is a principal and National Director of CohnReznick Advisory Group’s Valuation Advisory Services practice. Pat’s experience includes market value appraisals of varied property types for acquisition, condemnation, mortgage, estate, ad valorem tax, litigation, zoning, and other purposes. Pat has been involved in the real estate business since 1980. From June 1980 to January 1984, she was involved with the sales and brokerage of residential and commercial properties. Her responsibilities during this time included the formation, management, and training of sales staff in addition to her sales, marketing, and analytical functions. Of special note was her development of a commercial division for a major Chicago-area brokerage firm. Since January 1984, Pat has been exclusively involved in the valuation of real estate. Her experience includes the valuation of a wide variety of property types including residential (SF/MF/LIHTC), commercial, industrial, and special purpose properties including such diverse subjects as quarries, marinas, riverboat gaming sites, shopping centers, manufacturing plants, and office buildings. She is also experienced in the valuation of leasehold and leased fee interests. Pat has performed appraisal assignments throughout the country, including the Chicago Metropolitan area as well as New York, New Jersey, California, Nevada, Florida, Utah, Texas, Wisconsin, Indiana, Michigan, and Ohio. Pat has gained substantial experience in the study and analysis of the establishment and expansion of sanitary landfills in various metropolitan areas including the preparation of real estate impact studies to address criteria required by Senate Bill 172. She has also developed an accepted format for allocating value of a landfill operation between real property, landfill improvements, and franchise (permits) value. Over the past several years, Pat has developed a valuation group that specializes in the establishment of new utility corridors for electric power transmission and pipelines. This includes determining acquisition budgets, easement acquisitions, corridor valuations, and litigation support. Pat has considerable experience in performing valuation impact studies on potential detrimental conditions and has studied properties adjoining solar farms, wind farms, landfills, waste transfer stations, stone quarries, cellular towers, schools, electrical power transmission lines, “Big Box” retail facilities, levies, properties with restrictive covenants, landmark districts, environmental contamination, airports, material defects in construction, stigma, and loss of view amenity for residential high rises. Most recently, the firm has studied property values adjacent to Solar Farms to address criteria required for special use permits across the Midwest. Pat has qualified as an expert valuation witness in numerous local, state, and federal courts. Pat has participated in specialized real estate appraisal education and has completed more than 50 courses and seminars offered by the Appraisal Institute totaling more than 600 classroom hours, including real estate transaction courses as a prerequisite to obtaining a State of Illinois Real Estate Salesman License. Prepared for TPE Development, LLC Page | 114 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Pat has earned the professional designations of Counselors of Real Estate (CRE), Member of the Appraisal Institute (MAI), Fellow of Royal Institution of Chartered Surveyors (FRICS) and Certified Review Appraiser (CRA). She has also been a certified general real estate appraiser in 21 states (see below). Education x North Park University: Bachelor of Science, General Studies Professional Affiliations x National Association of Realtors x CREW Commercial Real Estate Executive Women x IRWA International Right Of Way Association Licenses and Accreditations x Member of the Appraisal Institute (MAI) x Counselors of Real Estate, designated CRE x Fellow of Royal Institution of Chartered Surveyors (FRICS) x Certified Review Appraiser (CRA) x Alabama State Certified General Real Estate Appraiser x California State Certified General Real Estate Appraiser x Connecticut State Certified General Real Estate Appraiser x Colorado State Certified General Real Estate Appraiser x District of Columbia Certified General Real Estate Appraiser x Illinois State Certified General Real Estate Appraiser x Indiana State Certified General Real Estate Appraiser x Louisiana State Certified General Real Estate Appraiser x Maryland State Certified General Real Estate Appraiser x Massachusetts Certified General Real Estate Appraiser x Michigan State Certified General Real Estate Appraiser x North Carolina State Certified General Real Estate Appraiser x New Jersey State Certified General Real Estate Appraiser x Nevada State Certified General Real Estate Appraiser x New York State Certified General Real Estate Appraiser x Pennsylvania State Certified General Real Estate Appraiser x South Carolina State Certified General Real Estate Appraiser x Tennessee State Certified General Real Estate Appraiser x Texas State Certified General Real Estate Appraiser x Virginia State Certified General Real Estate Appraiser x Wisconsin State Certified General Real Estate Appraiser Appointments x Appointed by two Governors of Illinois to the State Real Estate Appraisal Board (2017 & 2021) x Chairperson of the State of Illinois Real Estate Appraisal Board (2021) Prepared for TPE Development, LLC Page | 115 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Andrew R. Lines, MAI Principal, CohnReznick Advisory 200 S. Wacker Drive, Suite 2600 Chicago, IL 60606 312-508-5892 andrew.lines@cohnreznick.com Andrew R. Lines is a principal in CohnReznick’s Valuation Advisory Services group where he specializes in Real Estate, Affordable Housing, Cannabis and Renewable Energy. Andrew leads a group of appraisers across the country performing valuations on a wide variety of real estate property types including residential, commercial, industrial, hospitality and special purpose properties: landfills, waste transfer stations, marinas, hospitals, universities, self-storage facilities, racetracks, CCRCs, and railroad corridors. Affordable Housing experience includes Market Studies, Rent Compatibility Studies and Feasibility Analysis for LIHTC and mixed-income developments. Cannabis assignments have covered cultivation, processing and dispensaries in over 10 states, including due diligence for mergers and acquisitions of multi-state operational and early stage companies. Renewable Energy assignments have included preparation of impact studies and testimony at local zoning hearings in eight states. Andrew is experienced in the valuation of leasehold, leased fee, and partial interests and performs appraisals for all purposes including financial reporting, litigation, and gift/estate planning. Andrew is a State Certified General Real Estate Appraiser in the states of Illinois, Indiana, Maryland, Georgia, Florida, Ohio, New York, New Jersey, Arizona, Kentucky, and the District of Columbia. Before joining CohnReznick, Andrew was with Integra Realty Resources, starting as analyst support in 2002 and leaving the firm as a director in late 2011 (including two years with the Phoenix branch). His real estate experience also includes one year as administrator for the residential multifamily REIT Equity Residential Properties Trust (ERP), in the transactions department, where he performed due diligence associated with the sale and acquisition of REIT properties and manufactured home communities. Education x Syracuse University: Bachelor of Fine Arts x MAI Designation (Member of the Appraisal Institute) Professional Affiliations x Chicago Chapter of the Appraisal Institute o Alternate Regional Representative (2016 – 2018) o MAI Candidate Advisor (2014 – Present) x International Real Estate Management (IREM) x National Council of Real Estate Investment Fiduciaries (NCREIF) Prepared for TPE Development, LLC Page | 116 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Community Involvement x Syracuse University Regional Council – Active Member x Syracuse University Alumni Association of Chicago, Past Board member x Chicago Friends School – Treasurer & Board Member Prepared for TPE Development, LLC Page | 117 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Erin Bowen, MAI Senior Manager, Valuation Advisory Services 858-349-8854 erin.bowen@cohnreznick.com Erin Bowen, MAI is a Senior Manager with CohnReznick in Valuation Advisory Services. Ms. Bowen is based in Phoenix, Arizona, with presence covering the west coast. Ms. Bowen’s work in Commercial Real Estate valuation spans over 11 years. Ms. Bowen specializes in lodging, cannabis, seniors housing, large scale retail and multifamily conversion properties. Lodging work includes all hotel property types and brand segments including limited, full service and resort properties; additionally, Ms. Bowen has appraised numerous hotel to multifamily conversion properties including market rate and affordable housing. Cannabis work includes dispensaries, cultivation facilities including specialized indoor facilities and greenhouse properties, processing and manufacturing facilities. Seniors housing assignments include assisted living, skilled nursing facilities and rehabilitation centers. Retail work spans power centers, lifestyle centers, outlet centers and malls. She has appraised numerous additional properties including multifamily, office, medical office, industrial, churches, and vacant land. Ms. Bowen has expertise in appraising properties at all stages of development, including existing as is, proposed, under construction, renovations and conversion to alternate use. Valuations have been completed nationwide for a variety of assignments including mortgage financing, litigation, tax appeal, estate gifts, asset management, as well as valuation for financial reporting including purchase price allocations (ASC 805). Impact Study Reports have also been generated for zoning hearings related to the development of solar facilities, wind powered facilities Education x University of California, San Diego: Bachelor of Arts in Psychology and Theater; College Honors Professional Affiliations x Appraisal Institute, Designated Member Licenses x Certified General Real Estate Appraiser licensed in New Mexico, Arizona, California, and Nevada I have reviewed the applications for rezoning classification, special use authorization, variance approval, and an amendment to an annexation agreement received on February 10, 2023 by Turning Point Energy, LLC. The following supplemental materials were included within the original applications: 1) Project Narrative, as prepared by Turning Point Energy, LLC 2) Zoning Site Plan, as prepared by Kimley Horn & Associates, Inc. 3) Decommissioning Plan, as prepared by Turning Point Energy, LLC 4) Wetland Delineation, as prepared by Kimley Horn & Associates, Inc. 5) Environmental Constraints Memorandum, as prepared by Kimley Horn & Associates, Inc. 6) Title Insurance, as prepared by Borrego Solar Systems, Inc. 7) Decommissioning Estimate, as prepared by Turning Point Energy 8) Illinois Department of Natural Resources EcoCAT Termination Report, as prepared by IDNR 9) Illinois Historic Preservation Agency Report, as prepared by Kimley Horn & Associates, Inc. 10) NRI Application & Report, as prepared by Kendall County Soil & Water Conservation District 11) Manufacturer’s Specifications 12) Operations and Maintenance Plan, as prepared by Turning Point Energy, LLC 13) Transportation and Access Plan, as prepared by Kimley Horn & Associates, LLC 14) Interconnection Agreement 15) Glare Study and FAA Notice Criteria Filing, as prepared by Turning Point Energy, LLC 16) Containment and Water Studies 17) Viewshed, as prepared by Turning Point Energy, LLC 18) FEMA Firm Map 19) Property Impact Study, as prepared by Cohn Reznick The petitioner is seeking to construct a solar farm onthe 54-acre parcel generally located east of Cannonball Trail and south of Galena Road within the Bristol Ridge Planned Unit Development. The petitioner is requesting to rezone the parcel from the R-2 Single-Family and R-2 Duplex PUD to A-1 Agricultural District zoning, specialuse permit approval for a solar farm, and variance approval to decrease the minimum distance between the ground and the solar panels from ten (10) feet to a minimum height of two (2) feet. Based upon my review of the application documents and plans, I have compiled the following comments (staff comments to the petitioner are underlined): Memorandum To: Plan Council From: Jason Engberg, Senior Planner Date: March 17, 2023 Subject: PZC 2023-02 Bristol Ridge Solar Farm 105 (Rezone, Special Use, Variance, Annexation Agreement Amendment) Zoning The subject property is currently zoned R-2 Single-Family and R-2 Duplex PUD per Ordinance 2006-126. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 Agricultural District (Kendall County) A-1 Agricultural District SU (Kendall County) R-2 Single-Family (Bristol Ridge PUD) Farmland Residence/Farmland Farmland South A-1 Agricultural District (Kendall County) M-1 Limited Manufacturing District (Kendall County) A-1 Agricultural District PUD (Kendall County) Com Ed Property Assorted Industrial Buildings Blackberry Oaks Golf Couse East A-1 Agricultural District (Kendall County) Farmland West B-3 Highway Business District (Kendall County) R-3 One Family Residential District (Kendall County) Commercial Businesses Detached Dwelling Units The proposed use is defined in the Yorkville Zoning Ordinance as a Solar Farm which is a special use within the A-1 Agricultural District. This requires the use to abide by the A-1 Agricultural District regulations as well as the Alternative Energy System regulations in the City’s Zoning Ordinance. Location on Site Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. The following yard setbacks are required for this district and the proposed setbacks are shown on the submitted materials: Minimum Requirement Proposed Setback Front 100 feet 624 feet Side (North) 50 feet Approximately 28 feet Side (South) 50 feet Approximately 28 feet Rear None 41 feet The location of the solar panels meets the front and rear yard setbacks for the A-1 District. While the solar panels encroach into the required side yards on both the north and south side lots, Section 10-19-7-C of the Yorkville Zoning Ordinance (zoning ordinance) states that freestanding solar energy systems may not be located within the required front yard or corner side yard but may be located within the required rear and side yards. Section 10-19-7-B of the zoning ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. Therefore, the proposed 28-foot setbacks from the side property lines meets the minimum requirement of the zoning ordinance. Height Section 10-19-7-F states the maximum height will be stipulated as a special use condition. The petitioner has stated the maximum height of the panels will be 15 feet. Staff does not have an issue with this height and will recommend it as a condition of the special use as stated in the zoning ordinance. Fencing The petitioner is proposing to construct an 8-foot “agricultural style” fence around the entire solar field which will be accessible through gates with Knox Boxes for emergency access. Section 10-7-2 does not state any regulations regarding fencing within the A-1 Agricultural District. Therefore, the proposed fencing does meet the minimum requirements. Staff is requesting that the petitioner provide an exhibit illustrating the fence alone including a description of the materials. In previous solar farm applications, committee members were interested in the type of fencing being installed and it may prove beneficial in this instance as well. Landscape Plan Section 8-12-1-C of the Municipal Code states that all other developments other than single-family detached and duplex residential development must meet the parkway, perimeter, parking lot, lot, stormwater storage basin, and median landscaping requirements. For this development, the following are relevant as certain portions of the development are adjacent to residential uses: B. Perimeter landscaping: 1. Nonresidential adjacent to residential: Where a nonresidential property is adjacent to residential property, a thirty foot (30') wide buffer yard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet (3') in height as measured from the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per one hundred (100) linear feet of buffer yard. D. Lot landscaping: Lot landscaping shall be required for all developments in accordance with the following: 2. Nonresidential: Two (2) shade trees and fifteen (15) shrubs shall be provided for every twenty thousand (20,000) square feet of lot area. The petitioner has identified areas that face or are adjacent to the commercial and residential uses, to the east and northeast respectively, that they are providing a vegetative buffer and enhance vegetative buffer. The vegetative buffer along the western and sections of the northern boundary of the parcel are providing eight (8) evergreen trees/shrubs and seven (7) large deciduous shrubs every one hundred (100) linear feet. These buffers are not required as they are not adjacent to a residential use but do add to the required amount of lot landscaping. These buffers have been provided for potential views from the nearby businesses and Cannonball Trail. The enhanced vegetative buffer is directly adjacent to the residential land us to the north and is providing ten (10) evergreen trees/shrubs, six (6) large deciduous shrubs, and three (3) ornamental trees every one hundred (100) linear feet. Finally, the landscape plan shows a total of 127 evergreen trees/shrubs, 92 large deciduous shrubs, and 11 ornamental trees. This mix of landscaping and the types of plantings will be reviewed and approved by the City’s landscaping consultant and will be added as a condition to the special use. The petitioner must meet the criteria of the landscape ordinance prior to special use authorization. Glare Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the panels will be buffered by landscaping in areas that could be seen by adjacent property owners or roadways. The petitioner has also provided a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public right-of-way. Signage Section 19-4-F states that “No commercial signage or attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size.” The submitted narrative states a warning sign shall be provided at the facility entrance and along the perimeter fence including the facilities 911 address and a 24-hour emergency contact number. The petitioner does not need to provide an exhibit of the sign if it is under 2 square feet in size. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. ComEd has been notified of this project and an interconnection plan has been submitted to them and has been provided by the petitioner. Clearance Section 10-19-7-D states the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10'). The petitioner is requesting a variance to this regulation to reduce the clearance to two (2) feet. The petitioner has provided the reasoning behind this request as the maintenance on the panels at the 10-foot height would be cumbersome, the visibility of the panels would increase as they would be significantly taller, and the wind loads generated at a greater height could damage the cells. Staff supports the variance request as the regulation has been an issue with previous requests for ground mounted solar panels and is not an industry standard. Access The site plan indicates there will be a 20-foot-wide access drive off of Cannonball Trail to the east to enter the property. Section 10-16-3-C, Table 10.16.02 states the minimum driveway width for a nonresidential use is 12 feet for the amount of trips per day this site will generate once complete. Part D-5 of this Section also states that the driveway surface shall be improved with a pavement meeting State of Illinois standard A-3 or equivalent. The petitioner should indicate on the plans the type of pavement being used for the access drive. Decommission Section 10-19-9-A-3 states prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of that chapter. The costs include, but are not limited to, removal of system, property restoration upon removal of the system, city legal expenses and hearing costs associated with violations of that chapter. The petitioner has verified they are aware of these standards and have included decommissioning plan with their submittal. Annexation Agreement Amendment The petitioner is requesting to amend the existing Annexation Agreement for Bristol Ridge (Ordinance 2006-126) to permit this land use instead of the planned residential development. Per the petitioner’s request, staff will add language within the amendment ordinance which states the rezoning, special use, and variance authorization along with the land use change will only take effect once a building permit is issued for the solar farm and not at recordation of the ordinance. If the petitioner is seeking any additional language in the agreement other than what has already been stated, please advise staff for discussion. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. SUMMARY: The applicant, Turning Point Energy, LLC, is requesting rezoning approval, special use authorization, variance approval and an amendment to an annexation agreement to construct a solar farm on the 54-acre parcel generally located east of Cannonball Trail and south of Galena Road within the Bristol Ridge Planned Unit Development. The petitioner is requesting to rezone the parcel from the R-2 Single-Family and R-2 Duplex PUD (Bristol Ridge) to the A-1 Agricultural District zoning, special use permit approval for a solar farm land use, and variance approval to decrease the minimum distance between the ground and the solar panels from ten (10) feet to a minimum height of two (2) feet. Finally, the petitioner is seeking to amend the existing annexation agreement for the Bristol Ridge Development to replace the current adopted land use plan with their solar farm. This amendment will also be required to rezone the property to the A-1 Agricultural District. LOCATION & BACKGROUND: The 54-acre property is located in the northeastern part of Yorkville just north of unincorporated Bristol along Cannonball Trail. The property is the southern portion of the existing Bristol Ridge Development which was established in 2006 for residential detached and attached housing units. The current land use of the property is agricultural farmland. Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: March 29, 2023 Subject: PZC 2023-02 Bristol Ridge Solar Farm 105 (Rezone, Special Use, Variance, Annexation Agreement Amendment) ZONING: The subject property is currently zoned for R-2 Single-Family dwellings and R-2 Duplex dwellings as part of a Planned Unit Development per Ordinance 2006-126. The petitioner is seeking to rezone the property to the A-1 Agricultural District. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 Agricultural District (Kendall County) A-1 Agricultural District SU (Kendall County) R-2 Single-Family (Bristol Ridge PUD) Farmland Residence/Landscaper Farmland South A-1 Agricultural District (Kendall County) M-1 Limited Manufacturing District (Kendall County) A-1 Agricultural District PUD (Kendall County) Com Ed Property Assorted Industrial Buildings Blackberry Oaks Golf Couse East A-1 Agricultural District (Kendall County) Farmland West B-3 Highway Business District (Kendall County) R-3 One Family Residential District (Kendall County) Commercial Businesses Detached Dwelling Units The proposed use is defined in the Yorkville Zoning Ordinance as a Solar Farm which is a special use within the A-1 Agricultural District. This requires the use to abide by the A-1 Agricultural District regulations as well as the Alternative Energy System regulations in the City’s Zoning Ordinance. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-19: Alternative Energy Systems establishes regulations which were used in the review of this request. The proposed solar farm will be required to meet the setback standards for the A-1 Agricultural District as well as the provisions under the Freestanding Solar Energy Systems regulations. Setbacks Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. Section 10-19-7-C of the Zoning Ordinance states that freestanding solar energy systems shall not be located within the required front yard or corner side yard. Additionally, Section 10-19-7-B of the Zoning Ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. The following table illustrates the minimum required yard setbacks for solar systems based upon the A-1 Agricultural District regulations and the Freestanding Solar Energy System requirements and the proposed setbacks per the submitted site plan (attached): Minimum Requirement Proposed Setback Front 100 feet 624 feet Side (North) 8 feet 28 feet Side (South) 8 feet 28 feet Rear None 41 feet The location of the solar panels meets the front and rear yard setbacks for the A-1 District and the location of the solar panels meets the required setbacks in the side yards per the Freestanding Solar Energy System requirements. Height The petitioner has submitted a narrative stating that the height of the entire panel on the stand will not exceed fifteen (15) feet in height. Section 10-19-7-F states the maximum height will be stipulated as a special use condition. Staff is not opposed to this overall height as the location of the panels and their distance from all existing land uses should not cause a nuisance to any neighboring property. The viewsheds provided by the petitioner illustrate this point. The overall height will be set as a condition of the special use as stated in the zoning ordinance. Clearance Section 10-19-7-D states the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10'). The petitioner is requesting a variance to this regulation to reduce the clearance to two (2) feet. The petitioner has provided the reasoning behind this request as the maintenance on the panels at the 10-foot height would be cumbersome, the visibility of the panels would increase as they would be significantly taller, and the wind loads generated at a greater height could damage the cells. Staff supports the variance request as the regulation has been an issue with previous requests for ground mounted solar panels and is not an industry standard. This regulation is being removed in the Unified Development Ordinance which is currently being drafted by the City. Fencing The petitioner is proposing to construct an eight (8) foot “agricultural style” fence around the entire solar field which will be accessible through gates with Knox Boxes for emergency access. Section 10-7-2 does not state any regulations regarding fencing within the A-1 Agricultural District. Therefore, the proposed fencing does meet the minimum requirements. Staff has requested that the petitioner provide an exhibit illustrating the fence alone including a description of the materials prior to any public hearing. Staff also suggested either making the fence chain link or adding a beam to the top of the proposed fence to increase its sturdiness and overall security. Staff is also recommending that the petitioner provide a fully opaque privacy fence along the northern boundary adjacent to the residential property in Kendall County. This will assist in mitigating any negative aesthetic effects on the neighboring property. All fencing materials, locations, and styles will be included as a condition of special use approval. Glare Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the panels will be buffered by landscaping in areas that could be seen by adjacent property owners or roadways. The petitioner has also provided a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public right-of-way. Signage Section 19-4-F states that “No commercial signage or attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size.” The submitted narrative states a warning sign shall be provided at the facility entrance and along the perimeter fence including the facilities 911 address and a 24-hour emergency contact number. The petitioner is aware of the size requirement and will comply with the regulation. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. ComEd has been notified of this project and an interconnection plan has been submitted to them and has been provided by the petitioner. Decommission Section 10-19-9-A-3 states prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of that chapter. The costs include, but are not limited to, removal of system, property restoration upon removal of the system, city legal expenses and hearing costs associated with violations of that chapter. The petitioner has verified they are aware of these standards and have included decommissioning plan with their submittal. Additionally, the petitioner has been made aware that they will have to establish an access easement over the entire property in case City staff must remove the solar farm. Landscape Plan Section 8-12-1-C of the Municipal Code states that all other developments other than single-family detached and duplex residential development must meet the parkway, perimeter, parking lot, lot, stormwater storage basin, and median landscaping requirements. For this development, the following are relevant as certain portions of the development are adjacent to residential uses: B. Perimeter landscaping: 1. Nonresidential adjacent to residential: Where a nonresidential property is adjacent to residential property, a thirty foot (30') wide buffer yard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet (3') in height as measured from the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per one hundred (100) linear feet of buffer yard. D. Lot landscaping: Lot landscaping shall be required for all developments in accordance with the following: 2. Nonresidential: Two (2) shade trees and fifteen (15) shrubs shall be provided for every twenty thousand (20,000) square feet of lot area. The petitioner has identified areas that face or are adjacent to the commercial and residential uses, to the east and northeast respectively, that they are providing a vegetative buffer and enhance vegetative buffer. The vegetative buffer along the western and sections of the northern boundary of the parcel are providing eight (8) evergreen trees/shrubs and seven (7) large deciduous shrubs every one hundred (100) linear feet. These buffers are not required as they are not adjacent to a residential use but do add to the required amount of lot landscaping. These buffers have been provided for potential views from the nearby businesses and Cannonball Trail. The enhanced vegetative buffer is directly adjacent to the residential land us to the north and is providing ten (10) evergreen trees/shrubs, six (6) large deciduous shrubs, and three (3) ornamental trees every one hundred (100) linear feet. Finally, the landscape plan shows a total of 127 evergreen trees/shrubs, 92 large deciduous shrubs, and 11 ornamental trees. This mix of landscaping and the types of plantings is being reviewed by the City’s landscaping consultant and will need to be approved prior to any public hearing. The final landscape plan will be made a condition of the special use approval. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated March 13, 2023. The work items listed in the review letter will need to be addressed and will become conditions for special use approval. The petitioner’s engineer, Kimley-Horn, has provided a response letter to these requests and is attached. ANNEXATION AGREEMENT AMENDMENT: The petitioner is requesting to amend the existing Annexation Agreement for Bristol Ridge (Ordinance 2006-126) to permit this land use instead of the planned residential development. The petitioner is also proposing to add language which states the rezoning, special use, and variance authorization along with the land use change will only take effect once a building permit is issued for the solar farm and not at recordation of the ordinance. Additionally, the petitioner has received permission from all property owners within the Bristol Ridge Development to amend the annexation agreement for the solar farm use. COMPREHENSIVE PLAN: The subject property’s future land use is classified as “Estate Conservation/Residential” which is intended to provide flexibility for residential design in areas of Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The most typical form of development within this land use will be detached single family homes on large lots. In 2016 this future land use designation was also use as a “holding” designation for future development. The 10-year horizon of the plan saw these areas outside of the core not developing within that timeframe. Any development in these areas should be reviewed on a case-by-case basis since it was not anticipated to develop within the plan’s lifespan. The utilization of this property for a solar farm is a suitable land use at this time. The current annexation amendment for a residential neighborhood will expire in 2026 and the lack of development and utilities in this area means it is unlikely to be developed into a more intense use. Additionally, the solar farm is temporary in nature as it currently is being proposed for a 20-year lease. STAFF COMMENTS & RECOMMENDATIONS: Staff is generally supportive of the rezoning, special use request, variance, and annexation agreement amendment. Should the City Council vote to approve this request, staff recommends the following conditions to the special use: 1. The maximum height of the solar panels for this land use will be fifteen (15) feet. 2. A landscape plan which meets the standards set forth in Section 8-12 of the Yorkville Municipal Code and is approved by the City’s landscape consultant. 3. The petitioner provides a security guarantee in a form acceptable to the City to cover such costs including, but not limited to the removal, property restoration, and city legal expenses and a blanket easement be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 4. Adherence to all comments prepared by EEI, city engineering consultant, in a letter dated March 13, 2023. This request is tentatively scheduled for a public hearing for the rezoning, special use, and variance at the May 10, 2023 Planning and Zoning Commission meeting and the public hearing for the annexation agreement amendment at the May 23, 2023 City Council meeting. Staff and the petitioner are seeking comments from the Economic Development Committee about the proposed solar farm prior to the public hearing. ATTACHMENTS: 1) Project Narrative, as prepared by Turning Point Energy, LLC 2) Zoning Site Plan, as prepared by Kimley Horn & Associates, Inc. 3) Development Applications 4) Decommissioning Plan, as prepared by Turning Point Energy, LLC 5) Wetland Delineation, as prepared by Kimley Horn & Associates, Inc. 6) Environmental Constraints Memorandum, as prepared by Kimley Horn & Associates, Inc. 7) Title Insurance, as prepared by Borrego Solar Systems, Inc. 8) Decommissioning Estimate, as prepared by Turning Point Energy 9) Illinois Department of Natural Resources EcoCAT Termination Report, as prepared by IDNR 10) Illinois Historic Preservation Agency Report, as prepared by Kimley Horn & Associates, Inc. 11) NRI Application & Report, as prepared by Kendall County Soil & Water Conservation District 12) Manufacturer’s Specifications 13) Operations and Maintenance Plan, as prepared by Turning Point Energy, LLC 14) Transportation and Access Plan, as prepared by Kimley Horn & Associates, LLC 15) Interconnection Agreement 16) Glare Study and FAA Notice Criteria Filing, as prepared by Turning Point Energy, LLC 17) Containment and Water Studies 18) Viewshed, as prepared by Turning Point Energy, LLC 19) FEMA Firm Map 20) Property Impact Study, as prepared by Cohn Reznick 21) Plan Council Memorandum – March 17, 2023 22) EEI Comments – March 13, 2023 Sold To: United City of Yorkville - CU00410749 800 Game Farm Rd Yorkville,IL 60560-1133 Bill To: United City of Yorkville - CU00410749 800 Game Farm Rd Yorkville,IL60560-1133 Certificate of Publication: Order Number: 7417512 Purchase Order: 7417512 Public Hearing Notices State of Illinois - Kendall Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 4/21/2023, and the last publication of the notice was made in the newspaper dated and published on 4/21/2023. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES:Apr 21, 2023. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 22nd Day of April, 2023, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Application for Special Use Permit Proposed 5-Megawatt AC Ground-Mount Community Solar Facility The United City of Yorkville Kendall County, IL TPE IL KE106, LLC c/o TurningPoint Energy, LLC 3720 South Dahlia Street Denver, CO 80237 February 9, 2023 Application for Special Use Permit | Page 2 Table of Contents 1.0 INTRODUCTION ......................................................................................................................4 1.1 Project Overview ......................................................................................................................... 4 1.2 About TurningPoint Energy ......................................................................................................... 5 2.0 SITE LOCATION & EXISTING CONDITIONS .................................................................................5 2.1 Existing Conditions ...................................................................................................................... 5 2.2 Natural Resources and Consultations with State and Federal Authorities ................................. 5 2.2.1 Natural Resource Inventory (“NRI”) ........................................................................................ 5 2.2.2 Wetlands and Floodplain ........................................................................................................ 5 2.2.3 U.S. Fish & Wildlife Service (“USFWS”) ................................................................................... 6 2.2.4 Illinois Department of Natural Resources (IDNR) State Ecological Review ............................. 6 2.2.5 Illinois State Historic Preservation Office ................................................................................ 6 2.2.6 Illinois Department of Agriculture (IDOA) ............................................................................... 6 2.3 Community Outreach & Benefits ................................................................................................ 7 3.0 PERFORMANCE STANDARDS AND SOLAR PROJECT DESIGN ......................................................7 3.1 Project Description & Design Standards ...................................................................................... 7 3.2 Noise ............................................................................................................................................ 8 3.3 Vibration ...................................................................................................................................... 8 3.4 Air pollution ................................................................................................................................. 9 3.5 Toxic substances .......................................................................................................................... 9 3.6 Fire and explosive hazards........................................................................................................... 9 3.7 Glare and heat ........................................................................................................................... 10 3.8 Setback Compliance, Landscape & Buffering Plan .................................................................... 11 3.9 Viewshed ................................................................................................................................... 11 3.10 FAA Filing ................................................................................................................................... 11 3.11 Safety and Security .................................................................................................................... 11 3.12 Interconnection ......................................................................................................................... 12 3.13 Operation and Maintenance ..................................................................................................... 12 3.14 Decommissioning Plan ............................................................................................................... 12 3.15 Itemized Cost Estimate .............................................................................................................. 13 4.0 APPROVAL CRITERIA ............................................................................................................. 13 4.1 Special Use Required Findings of Facts (Section 10-4-9, Zoning Code) ..................................... 13 Application for Special Use Permit | Page 3 List of Appendices: x A – Application Forms o Application to Amend Agreement o Application for Rezoning o Application for Variance o Application for Special Use x B – Zoning Site Plan x C – Decommissioning Plan x D – Wetland Delineation (Level 1) x E – Environmental Constraints Memorandum x F – IDNR EcoCAT x G – SHPO Concurrence x H – NRI Application & Report x I – Manufacturer’s Specifications x J – Operations and Maintenance Plan x K – Transportation and Access Plan x L – Interconnection Agreement x M – Glare Study and F.A.A. Notice Criteria Filing x N – Contaminant and Water Studies x O – Viewshed x P – FEMA FIRM Map x Q – Property Impact Study Application for Special Use Permit | Page 4 1.0 INTRODUCTION 1.1 Project Overview TurningPoint Energy, LLC d/b/a TPE Development through its affiliated entity TPE IL KE106, LLC (the “Applicant”) proposes the development of a 5-megawatt AC solar photovoltaic system on a single parcel of land located east of Cannonball Trail and south of Galena Road, Yorkville, IL 60512 (the “Project”). The Project will consist of a single axis tracking ground-mounted solar array, associated electrical equipment, an access driveway and fence covering approximately 28 acres of the 42-acre parcel (ID 02-10-300-017). The Project intends to participate in the Illinois Adjustable Block Community Solar Program and will power the equivalent of approximately 1,0501 homes. Community Solar allows residents of Illinois to purchase locally generated clean electricity at a discount to current electric rates without having to install panels on their roof. The Project’s host parcel is in the R-2 (Single family traditional) and R-3 (Multi-family attached residence) zoning district and is included in the “Bristol Ridge” Planned Unit Development. To comply with the landowner’s requirements, Applicant has submitted separate applications requesting (1) to Amend the Annexation Agreement (Yorkville Ordinance 2006-126) to allow for the withdrawal of the parcel from the Bristol Ridge Planned Unit Development, and (2) Rezone the parcel from R-2 and R-3 to A-1 zoning in which solar is allowable under Special Use. The Applicant has included requests in the Agreement Amendment and Rezoning applications to make the rezoning contingent upon the issuance of a building permit for construction for the Project. The City of Yorkville’s Zoning Ordinance (“Ordinance”) allows for the construction and operation of Solar Farms by Special Use Permit in A-1 Zoning Districts (consideration of the SUP application requires the re-zoning request to be approved first). All setbacks prescribed in the Yorkville Zoning Ordinance will be complied with to ensure a sufficient buffer is maintained between the panels and neighboring property lines and rights-of-way. Additional plantings have been proposed in areas near residential parcels to screen the array from neighboring residences. The City’s solar ordinance (10-19-7-D) requires a minimum height of 10 feet (10’) above the surface. This height will make the panels highly visible from the neighboring roads and parcels. Applicant further requests a Variance lowering this minimum height to two feet (2’) above the surface. The decreased height will reduce both visibility and construction impact by reducing anchoring and foundation requirements. If approved, the Project will bring significant and consistent benefits to the City of Yorkville and the community surrounding the Project. The Project will create approximately 50-75 jobs during the 4 to 6- month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community will benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. 1Calculation based on data provided by U.S. Energy Information Administration (EIA): https://www.eia.gov/consumption/residential/reports/2009/state_briefs/pdf/IL.pdf and https://www.eia.gov/electricity/sales_revenue_price/pdf/table5_a.pd Application for Special Use Permit | Page 5 1.2 About TurningPoint Energy Formed in 2014, TPE is a privately held, independent company transforming our energy future by creating freedom to choose a smarter, cleaner, more flexible way forward through community solar. As a privately held and independent company, TPE customizes projects to the unique needs of each client. Our team has financed and/or built over 2 Gigawatts (GW) of the solar projects operating in the U.S. today. Since 2017, TPE has focused these services on the expanding community solar market in states including Illinois, Maine, Maryland, Delaware, Pennsylvania, Texas, and Rhode Island. TPE’s development and investment portfolio now includes over 169MW of community solar projects in construction or operation, with an additional 840MW in solar projects under development . TPE is a “triple bottom line” company; we believe that our business should create financial, environmental, and community value in every project we create. Our intent is to be long-term community members. Upon successful permitting and utility interconnection, TPE typically makes donations to local charities and non-profits doing good work in the communities in which we work. 2.0 SITE LOCATION & EXISTING CONDITIONS TPE, in coordination with its engineering consultant, Kimley-Horn, has prepared and compiled information from many sources to form the basis of design for the proposed Project. A summary of existing conditions and the design elements that avoid and or minimize impact to the environment and surrounding community is presented below. 2.1 Existing Conditions The proposed Project is located on approximately 54 acres of land in northern Kendall County in the City of Yorkville. The site generally flows south and southeast, and any water eventually discharges to Blackberry Creek. It is presently an empty field having been harvested of soybeans in the Fall. Per the Natural Resources Conservation Services, the onsite soils consist of type B/D, C/D, and B silt loam. 2.2 Natural Resources and Consultations with State and Federal Authorities 2.2.1 Natural Resource Inventory (“NRI”) Kimley-Horn submitted the Natural Resource Inventory (NRI) packet on July 29, 2022 to the Kendall County Soil and Water Conservation District (“SWCD”). The NRI report was finalized on August 9, 2022. A copy of the report is included as Appendix H. The report notes a Land Evaluation (LE) score of 93 out of 100, giving it a high rating for agricultural use. However, the SWCD acknowledges that the report in no way indicates that a certain land use is not possible. See Appendix N for the beneficial effects of a solar farm. 2.2.2 Wetlands and Floodplain The Project will be designed to avoid impacts to USACE jurisdictional waters. A Level 1 Wetland Delineation has been completed and no potential wetlands were identified within the Project Area. Please see Appendix D for additional information. Application for Special Use Permit | Page 6 Per FEMA FIRM Map Panel 17093C0035H, the development is in Zone X, which is considered an area of minimal flood hazard. Refer to Appendix P for a copy of the FEMA FIRM Map. 2.2.3 U.S. Fish & Wildlife Service (“USFWS”) The Project will be designed such that no federally listed species will be significantly impacted. Solar projects typically impose only minimal impacts on wildlife species. The Project’s potential to impact federally protected species was evaluated as part of an Environmental Constraint Memorandum, which is included as Appendix E. The assessment indicated that five federally listed species should be considered in an effects analysis for the Project, including the federally endangered Indiana bat (Myotis sodalis), the federally threatened northern long-eared bat (Myotis septentrionalis), the federally endangered rusty patched bumble bee (Bombas affinis), the federally threatened eastern prairie fringed orchid (Platanthera leucophaea), and the federal candidate monarch butterfly (Danaus plexippus). Prior to construction, consultation with the USFWS will occur to confirm a “No Effect” determination. 2.2.4 Illinois Department of Natural Resources (IDNR) State Ecological Review The Applicant consulted with IDNR for potential impacts to state threatened or endangered species. This consultation is conducted pursuant to IDNR’s Ecological Compliance Assessment Tool (“EcoCAT”). The Applicant submitted an EcoCAT review request to IDNR in July 2022. The review found that the Mottled Sculpin (Cottus bairdii) may be in the vicinity of the Project. After further consultation, the review concluded that adverse effects are unlikely and, therefore, the consultation was terminated by IDNR. This termination aligns with 17 Ill. Adm. Code Part 1075 Refer to Appendix F for a copy of the IDNR EcoCAT. 2.2.5 Illinois State Historic Preservation Office Under the Illinois State Agency Historic Resources Protection Act, the State Historic Preservation Office (“SHPO”) division at IDNR is responsible for studying possible Project effects on archaeological and/or architectural (cultural) resources. Agencies requiring SHPO evaluation concurrent with their review include the Illinois Environmental Protection Agency (“IEPA”), IDNR, and the USACE. According to the Illinois SHPO database, no surveys, archeological sites, or historic buildings are listed on or within 0.5 mile of the site. The Applicant submitted a SHPO Project Review Form on July 22, 2022, for agency review. A response letter has not yet been received. Once the SHPO’s findings become available, they will be provided to the County, and it will be included as Appendix G. The SHPO Project Review form has been included as part of this package. 2.2.6 Illinois Department of Agriculture (IDOA) The Illinois Renewable Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/1 et seq.) requires the owner of a commercial solar energy facility to have an Agricultural Impact Mitigation Agreement (AIMA) in place within 45 days prior to the commencement of Project construction. The intent of the AIMA is to preserve and/or restore the integrity of affected agricultural land during construction and decommissioning activities. The Project will enter into an AIMA with the Illinois Department of Agriculture in advance of 45 days before construction commencing. Application for Special Use Permit | Page 7 2.3 Community Outreach & Benefits TPE likes to proactively engage the communities in which we work early in the process to determine what questions and concerns potential neighbors might have and give us adequate time to educate and address them prior to the public process. We typically place calls, send letters and door knock on adjacent properties to our planned solar site as well as meet with local officials. Community Solar projects such as KE106 enable residents to receive power savings from signing up to participate in a community scale solar project without installing solar on their rooftops. In 2018, the State of Illinois enacted a statute that imposes a standardized, state assessment of a fair cash value for solar energy projects covering both the improvements and the land. As a result, once constructed this Project will pay property taxes of approximately $840,000 over 30 years split between Kendall County, Bristol Township, the United City of Yorkville, and applicable school, fire, and other taxing authorities. The Project will create approximately 50-75 jobs during the approximate 4 to 6-month construction process. A regional operations and maintenance firm will service the facility over its working life cycle. Unlike nearly all other forms of development (residential, commercial, or industrial), the community will benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, limited use of roads, and little to no need for police or fire departments. 3.0 PERFORMANCE STANDARDS AND SOLAR PROJECT DESIGN 3.1 Project Description & Design Standards The Project will consist of a ground-mounted solar array constructed in the central area of the Project site. The solar array will consist of solar panels attached to single axis trackers structures attached to driven steel pier foundations or ground screw foundations, depending on the subsurface composition. An Illinois licensed engineer will certify the foundation and design of the solar racking system is suitable to meet local soil and climate conditions. The Project will be constructed by a licensed Engineering, Procurement, and Construction (“EPC”) Contractor. The design and construction process will comply with all national, state and local applicable building, electrical and fire codes, as well as the National Electrical Code (“NEC”). The EPC Contractor shall also possess all professional and trade licenses required by the state and local authorities. The EPC Contractor will create and maintain a health and safety manual in accordance with OSHA requirements which establishes appropriate rules and procedures concerning workplace safety. Noise from construction activities will be in accordance with all applicable federal, state, and local regulations. The inverters and transformers will be located on one or more concrete pads or piles. All power and communication lines within the solar array and to the point of interconnection will be buried Application for Special Use Permit | Page 8 underground. Utility poles at the point of interconnection will be above ground. The Project footprint area covers approximately 28 acres. Specifications for solar panels, inverters, and racking system proposed for the Project are included as Appendix I. The panels will have a maximum height of 15 feet and the array will be surrounded by an 8-foot-high fence for safety and security purposes. Entry into the fenced areas will be through gates with Knox Boxes for emergency access. The Project design and planning process focused on minimizing any potential impacts to the surrounding neighborhood. The Project will produce electricity without requiring any combustion of materials; as a result, the community solar array will not cause or emit odors, dust, gas, smoke, or fumes. In addition, the Project will have very few moving parts and will generate electricity primarily in a passive manner – collecting the sun’s rays and converting energy associated with the rays into electricity – so the Project will not produce vibrations, none of which would impact surrounding properties. The array is designed to meet all required setbacks from neighboring residential and religious properties in compliance with the Ordinance and incorporates vegetative screening that will grow over time for the benefit of nearby parcels, as outlined in Section 3.8. A warning sign shall be provided at the facility entrance and along the perimeter fence including the facilities 911 address and a 24-hour emergency contact number. No outdoor storage is planned for the Project at this time. In the event outdoor storage is needed, the Project will apply for the necessary approvals for the contemplated storage. The scope of work includes but is not limited to: x Construction of 20-ft wide gravel access roads x Construction of project equipment pads x Construction of a temporary staging areas x Installation of solar panels and associated support equipment and structures x Installation of buried and overhead collector lines 3.2 Noise The Project will operate in accordance with City Ordinance, Title 4, Chapter 4, Section 5 (4.4.5). Solar panels themselves do not produce any noise. The only components in the array that generate noise are the inverters and transformers. The inverters have been purposely located away from the nearest residential abutters. The final inverter pad design will ensure that any noise emitting components will be oriented towards the interior of the Project and directed away from neighboring parcels. The inverters are rated at 65 dBA at 1 meter as indicated in the manufacturer’s specification sheet in Appendix I. Sound waves diminish with distance in accordance with mathematical principles of sound level drop. Extrapolating the manufacturer’s sound data at one meter and projecting to neighboring property lines shows that a sound level of less than 50dBA is anticipated at the property line located approximately 100 feet away. The Project will comply with any sound limitations imposed by the Illinois Pollution Control Board during operations. 3.3 Vibration There will be no vibrations generated by the solar panels or racking during the operating period of the Project. There may be de minimis vibrations produced by the inverter, but any such vibrations will not Application for Special Use Permit | Page 9 extend to surrounding properties. The Project’s comprehensive maintenance plan includes routine inspections to assess and correct any malfunctioning equipment. 3.4 Air pollution including (a) Visual emissions, (b) Particulate matter emissions; (c) Fugitive particulate matter emissions; (d) Odorous matter; (e) Airborne toxic matter The Project will not emit air pollution of any kind. It will in fact provide a net environmental carbon benefit. According to the EPA Clean Energy Equivalencies Calculator the Project will avoid the environmental equivalent of 8,235 metric tons of carbon annually, which is comparable to: x Carbon sequestered by 9,745 acres of forest x 926,622 gallons of gasoline consumed each year x 1,774 gasoline-powered passenger vehicles removed from our streets A commitment to wildlife-sensitive building and management practices during and after construction will allow for increased local biodiversity. TPE proposes to use pollinator friendly ground cover underneath the Project and native plantings around the perimeter. Clover and grass species that promote the establishment and long-term health of bee populations will give bee and small mammal populations a new pollinator friendly habitat. The Project will not use any pesticides for vegetation management. 3.5 Toxic substances There are no toxic substances in the panels. The Project will incorporate Tier 1 silicon-based PV panels, which have been analyzed as follows by North Carolina State University: Well over 80% (by weight) of the content of a PV panel is the tempered glass front and the aluminum frame, both of which are common building materials. Most of the remaining portion are common plastics, including polyethylene terephthalate in the backsheet, EVA encapsulation of the PV cells, polyphenyl ether in the junction box, and polyethylene insulation on the wire leads. The active, working components of the system are the silicon photovoltaic cells, the small electrical leads connecting them together, and to the wires coming out of the back of the panel. The electricity generating and conducting components makeup less than 5% of the weight of most panels. The PV cell itself is nearly 100% silicon, and silicon is the second most common element in the Earth's crust. The silicon for PV cells is obtained by high-temperature processing of quartz sand (SiO2) that removes its oxygen molecules. The refined silicon is converted to a PV cell by adding extremely small amounts of boron and phosphorus, both of which are common and of very low toxicity. Please see Appendix N for the full report. 3.6 Fire and explosive hazards The solar panels and racking, which comprise the majority of the Project’s equipment, are not flammable. Tempered glass offers protection from heat and the elements, and the panels are designed to absorb heat as solar energy. From a study by North Carolina State University: Application for Special Use Permit | Page 10 …Concern over solar fire hazards should be limited because only a small portion of materials in the panels are flammable, and those components cannot self-support a significant fire. Flammable components of PV panels include the thin layers of polymer encapsulates surrounding the PV cells, polymer back sheets (framed panels only), plastic junction boxes on rear of panel, and insulation on wiring. The rest of the panel is composed of non-flammable components, notably including one or two layers of protective glass that make up over three quarters of the panel’s weight. Please see Appendix N for the full report. 3.7 Glare and heat As explained in the fire and explosive hazards Section 3.6, there is no heat generated by the Project. A glare study was performed by TPE using ForgeSolar software to assess the possible effects of reflectivity created by the Project. ForgeSolar software incorporates GlareGauge, the leading solar glare analysis tool which meets Federal Aviation Administration (“FAA”) standards and is used globally for glare analysis. It is based on the Solar Glare Hazard Analysis Tool licensed from Sandia National Laboratories. A model of the Project was input into the software along with (3) Route Receptors along roadways in vicinity of the site with another Route Receptor for the railroad south of the project area. Height was assessed at 5 feet above ground to emulate passengers in cars. Further, (24) Observation Receptors were modeled at specific dwellings located around the perimeter of the solar array. Heights were modeled at 15 feet above ground to emulate residents on the second floor of dwellings and evaluate the worst-case glare impact (single story dwellings will have lower glare). A direct line of sight between the Project and the designated Route Receptors and Observation Receptors is required to produce any discernible glint/glare. The presence of existing or proposed vegetation between the receptor and the Project will prevent any potential glint/glare from the Project’s panels. The model assumes the sun is shining 100% of the time it is above the horizon (during laylight hours). That is, it does not account for cloudy or overcast conditions when the sun is not shining. The results, therefore, are the maximum (theoretical) expected glint and glare during any single year. Existing topography is taken into account in the simulation based on LIDAR (“Light Detection and Ranging”) data. Existing and planned vegetation are not considered in the simulation. The model assumes zero vegetation screening the Project; this must be considered when interpreting the study results. To reduce glare in the east and west directions during low sun periods, a 5-degree tracker resting angle was implemented during these times; this eliminates the main source of glare for solar projects. This lower angle will position the panels in a near flat position; they will face upwards and not reflect light from the rising or setting sun towards nearby buildings, cars, or trains. Based on the above inputs/assumptions, some potential for glint or glare was identified in the analysis at any of the Route Receptors and neighboring Observation Receptors. While excluded from the analysis, existing and planned vegetation will further shield the view of the project from nearby properties, roadways, and railroad. The current and planned vegetative screening is expected to mitigate the any potential glint or glare. Additional measures such as adjusting panel tilt during the affected hours and days may be enacted should any glare issues not be resolved by planting. Application for Special Use Permit | Page 11 Please see Appendix M for a more detailed analysis of the Forge Solar results and a copy of the ForgeSolar Assessment. 3.8 Setback Compliance, Landscape & Buffering Plan The Project proposes to conform with all applicable City setbacks from neighboring properties and public rights-of-way. The western side of the array where the closest residential neighbors are located will incorporate a vegetated buffer. This buffer will consist of two staggered rows of naturalized or native evergreen shrub spaced 28 feet apart on center (from the center of one plant to the center of the next plant). In front of these rows will be a third row consisting of native deciduous shrubs that obscure any gaps, replaced by an understory tree every 100 ft. The buffer area in between these plantings and the road will be seeded with a native pollinator friendly seed mix and areas underneath the solar arrays will be stabilized with a low-height, pollinator-friendly mix. Both pollinator seed mixes are intended to provide food and shelter for wildlife and will attract a variety of pollinators and songbirds. The seed mix will provide an attractive display of color from spring to fall and will provide nectar and food for pollinators and their larva. A final landscape plan will be designed by a landscape architect in accordance with the Ordinance prior to issuance of a Building Permit. 3.9 Viewshed TPE conducted a viewshed analysis and prepared photo simulations of the proposed site from nearby public roads and residential property owners. The model is used to provide a mock-up of what portion of the solar array may or may not be visible. The viewshed analysis was conducted from the closest residential neighbors and from Cannonball Trail depicting the viewshed at the time of landscape planting as outlined in Section 3.8, and after 5 years of growth. The viewshed analysis combines a digital model of the terrain, derived from online Google earth terrain data, and incorporates the height and position of Project components, existing vegetation and proposed new plantings and the eye-level of a theoretical observer into input data for a computer model. The model provides a view between the Project and the modeled observer. These viewsheds have been included in Appendix O. 3.10 FAA Filing TPE used an online “Notice Criteria Tool” provided by the Federal Aviation Administration (FAA) to determine if the additional filings were needed. The tool determined that the Notice Criteria were exceeded. A “Notice of Proposed Construction or Alteration – Off Airport” was submitted to the FAA on July 11, 2022. A “Determination of No Hazard to Air Navigation” was issued by the FAA. on August 12, 2022. Submittal of FAA from 7460-2 “Notice of Actual Construction or Alteration” is required at the time of Project construction. Please See Appendix M for a copy of the FAA Determination of No Hazard to Air Navigation. 3.11 Safety and Security The solar arrays will be enclosed by an 8-foot-high security fence and locked gates, as required by the Ordinance and the National Electrical Code (NEC). Emergency access to the fenced areas will be through Knox-Boxes to provide the required 24-hour access. The gravel drives have been designed to allow emergency vehicle access, including fire trucks. Application for Special Use Permit | Page 12 Emergency responders will be provided with the key/code for the Knox-Boxes. 3.12 Interconnection The proposed Project will interconnect to an existing 12.5 kV ComEd feeder on the distribution system, which connects to the substation that is approximately 1/3 mile south of the project site. The utility will install approximately 150 feet of overhead powerline on 5 poles with metering, disconnect, and recloser equipment. The applicant is currently in the Facilities Study phase of the electrical interconnection process. A copy of the redacted Interconnection Agreement for the Project is included as Appendix L. 3.13 Operation and Maintenance The Operation and Maintenance Plan including a comprehensive vegetative management plan for the Project is included as Appendix J. Preventive maintenance will be conducted on a schedule based on manufacturer’s recommendations and industry best practices and standards of care. Regular maintenance will include vegetation control, fence inspection and physical inspection of all system components. A mowing schedule shall be established based on the plant species in the seed mix that is properly timed to balance avoiding the disturbance of wildlife and native pollinator-friendly vegetation with the need to avoid the establishment of weeds. Vegetation underneath and between the solar panels will be well maintained in the defined lease area to keep vegetation below the low edge of the solar panels at maximum tilt angle. Mowing and weed trimming schedules will be adjusted from time to time to allow for flexibility based on rainfall and vegetation growth. Chemical control shall be used in accordance with Illinois noxious weed regulations. The Project will be monitored continuously for system failures via a Supervisory Control and Data Acquisition (SCADA) system. Qualified and insured technicians will be dispatched to address any system failures, including inverter, transformer, or tracker motor malfunctions. 3.14 Decommissioning Plan The Decommissioning Plan for the Project is included as Appendix C and includes removal of all structures (including equipment, fencing and roads) and foundations, restoration of soil and vegetation. The decommissioning plan shall be accompanied by a decommissioning bond to provide certainty to the City that the financial resources will be available to fully decommission the site. At the end of operational life of the Project, the Project will be safely dismantled using conventional construction equipment. The Project consists of numerous materials that can be resold or recycled for significant scrap value, including steel, aluminum, glass, copper, and plastics. The solar panels are not considered hazardous waste. The panels used in the Project will contain silicon, glass, and aluminum, which have value for recycling. Often, current market salvage values of a Project exceed estimated decommissioning and site restoration expenses. The site will be restored and reclaimed to approximately the pre-construction condition in conformance with the site lease agreement and the Agricultural Impact Mitigation Agreement (AIMA). It is assumed that the site will be returned to agricultural use after decommissioning, and appropriate measures will be implemented to achieve said use. Application for Special Use Permit | Page 13 3.15 Itemized Cost Estimate Below is a table summarizing the anticipated cost estimate for the Project. These numbers are approximate and exclude contingency and interconnection. Cost Category $/W $ Solar Modules 0.360 $ 2,700,000 Inverters 0.045 $ 337,500 Racking 0.120 $ 900,000 EPC 0.500 $ 3,750,000 D&E 0.015 $ 112,500 GC & Overhead 0.050 $ 375,000 Subtotal 1.090 $ 8,175,000 4.0 APPROVAL CRITERIA 4.1 Special Use Required Findings of Facts (Section 10-4-9, Zoning Code) a) The establishment, maintenance, or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The property is located in a portion of Yorkville with low population density and will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare to the community. Solar components do not have any moving parts and can be disposed of in a non- hazardous landfill. Numerous studies have shown them not to have a negative environmental impact. Please refer to Appendix N for a copy of these studies. Also, please refer to IDNR’s response to the Project’s EcoCAT submission. The Project will comply with all local, state, and federal regulations and will be always operated in a safe manner. In addition, the Project will promote the general welfare of Yorkville by supplying new jobs, new tax revenue and will be a source of generation of sustainable, clean, pollution-free renewable electricity. Also, the community will benefit from the significant economic benefit without stressing community infrastructure – no new children in schools, no use of water and sewer systems, limited use of roads, little to no need for police or fire departments. b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. As mentioned previously, the property is located in a portion of Yorkville with low population density. The Project will fully comply with all setbacks as specified in the Yorkville Ordinance 10.19.17(b) will fully comply with all performance standards listed in the Yorkville Zoning Code 10.19.4 and 10.19.9 and the Special Use Permit, as well as the noise limits imposed in the Application for Special Use Permit | Page 14 Ordinance 4.4.5. The Project will also include a landscape buffer to the portion of the Project adjacent to residences to reduce the visual impact on neighbors who live nearby. Moreover, as indicated by the property value impact study, the existence of the Project will have no impact on neighboring property values, and therefore will not substantially diminish or impair property values within the neighborhood of the Project. The CohnReznick General Impact Study Report indicates that solar facilities located in similar areas, with similar land uses, do not appear to cause any negative impacts to adjacent real estate, based on a review of academic studies, CohnReznick’s own paired sales data, and interviews with County Assessors and other Market Participants. The report details how solar facilities are generally harmonious with surrounding uses as they do not generate any odor, emit any air pollution, and overall, provide a net environmental benefit. c) The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The Project will have little to no impact on neighboring properties or the future development of the community. The Project does not generate any odor, or emit any air pollution and, in fact, provides a net environmental benefit. There will be no tree clearing. In converting the property from a farm field to a solar facility, pesticides will not be utilized unless mandated by state or local laws for the control of noxious weeds. The setback will be planted with a double row of evergreens coordinated with a licensed landscape architect, and the balance of the buffer will include native and pollinator-friendly species. Upon construction completion, traffic to the solar facility will be required only a few times a year to conduct maintenance. With low impacts of solar farms, the community should see no obstructions to future development. d) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. The Project will have adequate utility interconnections. The completion of the system impact study by ComEd provides assurance that the electrical capacity is available to host the Project and the proposed substation for electrical interconnection is located directly across the street. The Project does not require water or sewer facilities to operate. The Project will also build all roads and entrances necessary to access its facilities. A drain tile survey will be completed prior to construction and foundation design will work around or reroute any identified drain tiles to ensure proper drainage. The Project will also be designed in a manner that will not materially modify existing water drainage patterns around its facilities. Moreover, the replacement of row crops with a pollinator seed mix is actually a net positive for stormwater. According to the Minnesota Rural Water Association, solar installations with native pollinator-friendly ground cover achieve positive impacts similar to soil conservation projects, which reduce soil erosion, reduce soil quality degradation, and improve water quality. This report is included in Appendix N. The Project will be designed to account for all existing features, Application for Special Use Permit | Page 15 environmental features, the Yorkville Solar Ordinance, and the Kendall County Natural Resources Inventory findings. Please refer to Appendix B for the Zoning Site Plan. e) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The Project will be designed to include all roads and road entrances necessary to provide adequate ingress and egress to its facilities. Construction traffic will include approximately 25 work trucks per day. Considering the low number of work trucks visiting the project site over the construction phase, traffic patterns in the vicinity of the Project will not be impacted. The Project will have minimal traffic upon completion of construction. Landscape maintenance and maintenance to the Project components are anticipated to occur only a few times a year. Existing traffic patterns will not be impacted in the post-construction phase. f) The proposed special use is not contrary to the objectives of the official comprehensive plan of the city as amended. The City’s 2016 Comprehensive Plan references The Chicago Metropolitan Agency for Planning’s (CMAP) “GO TO 2040” comprehensive regional plan. “GO TO 2040” recommends communities consider solar energy for environmental sustainability and for potential economic improvements. Solar Farms are a good addition to the neighborhood (quiet, low maintenance, low traffic volume, environmentally safe) and provide sources of renewable energy that is important to a residential area and the community. Although it is a long-term use, a solar facility is not permanent. At the end of the Project’s life the location will be reclaimed and restored as close as possible to its current state. At that time, the landowner may be amenable to other, more-public uses. The parcel is currently included in the City’s 2016 Comprehensive Plan Undeveloped Residential Zoning Area Capacity that will not be needed for up to 89 years (Table 2.17, Residential Built-Out Projections). APPENDIX A – APPLICATION FORMS Application for Special Use Permit APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: LIST ALL GOVERNMENTAL ENTITIES OR AGENCIES REQUIRED TO RECEIVE NOTICE UNDER ILLINOIS LAW: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 (303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 ● APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yor kville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PROPERTY INFORMATION NAME OF AGREEMENT: DATE OF RECORDING: SUMMARIZE THE ITEMS TO BE AMENDED FROM THE EXISTING AGREEMENT: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Petitioner must attach a true and correct copy of the existing agreement and title it as “Exhibit C”. Petitioner must attach amendments from the existing agreement and title it as “Exhibit D”. Petitioner-Attached "Exhibit E" - Letter from the representative of the other landowner with property affected by the Annexation Agreement stating they do not object to this Ammendment effort. Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. Landowner letter in lieu of form signature Exhibit A to Application Forms Legal Description – TPE IL KE106, LLC (02-10-300-017) Note: This legal description is from the Trustee’s Deed dated August 8, 2017 between First Midwest Bank and Daniel B. Light; Recorded Kendall County, IL 8/31/2017 #201700013916 Legal Description: That part of the following described parcels lying easterly of the centerline of Cannonball Trail: The South ½ of the Southwest ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian; also the South ½ of the Southeast ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian lying Westerly of the West line of lands conveyed be Nelson C. Rider to Jerry W. Rider by Warranty Deed Dated October 15, 1911 and Recorded in Book 66 as Page 255 and Depicted in Plat Book 1 at Page 62; all in Kendall County, Illinois. Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 11:25:31 PM Exhibit B Exhibit C Law Offices of Daniel J. Kramer 1107A S. Bridge Street Daniel J. Kramer Yorkville, Illinois 60560 Kelly A. Helland 630-553-9500 D.J. Kramer Fax: 630-553-5764 February 8, 2023 Scott Osborn Turning Point Energy Via Email: sosborn@tppoint-e.com RE: Solar Energy Project in Bristol Ridge P.U.D. in Bristol Township, Kendall County, Illinois Dear Mr. Osborn: In regard to your request for Consent by one of the Bristol Ridge P.U.D, Members as to your Petition for a Solar Array being established in Bristol Township, Kendall County, Illinois. Please be advised that I am providing this letter as Land Trustee for the Beneficiaries of Daniel J. Kramer Trust No. 100. As an Owner of a portion of the real property that was originally included in this Planned Unit Development the underlying Beneficiaries to my Trust have no objection whatsoever to your Petition to get a Special Use from the United City of Yorkville for a Solar Array on real property that is located within Bristol Ridge P.U.D. Hopefully this letter suffices for your filing purposes. Very truly yours, Daniel J. Kramer Daniel J. Kramer Attorney at Law DJK:rg cc: Steve Kratz Exhibit C Exhibit E APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: TOTAL ACREAGE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 (303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) Agricultural 41.82 B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 ● APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Kyle C. Barry McGuireWoods LLP 1 North Old State Capitol Plaza Suite 410 Springfield, IL 62701 217-527-1282 kbarry@mcguirewoods.com 217-527-1290 Jason Cooper Kimley Horn 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 (630) 487-3449 Jason.Cooper@kimley-horn.com APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE EXISTING ZONING CLASSIFICATION(S) AND USES OF THE PROPERTY WITHIN THE GENERAL AREA OF THE PROPOSED REZONED PROPERTY: PLEASE STATE THE TREND OF DEVELOPMENT, IF ANY, IN THE GENERAL AREA OF THE PROPERTY IN QUESTION, INCLUDING CHANGES, IF ANY, WHICH HAVE TAKEN PLACE SINCE THE DAY THE PROPERTY IN QUESTION WAS PLACED IN ITS PRESENT ZONING CLASSIFICATION: PLEASE STATE THE EXTENT TO WHICH PROPERTY VALUES ARE DIMINISHED BY THE PARTICULAR ZONING RESTRICTIONS: PLEASE STATE THE EXTENT TO WHICH THE DESTRUCTION OF PROPERTY VALUES OF PETITIONER PROMOTES THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE PUBLIC: Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. The Project would create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community would benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. The proposed facility under this rezoning effort will produce enough electricity to power approximately 1,050 homes. The EPA Clean Energy Equivalencies Calculator estimates an offset of approximately 8,235 metric tons of carbon dioxide which is the equivalent of removing 1,774 gas-powered cars from the roads, or consuming 926,600 gallons of gasoline. APPLICATION FOR REZONING United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE LENGTH OF TIME THE PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: PLEASE STATE THE COMMUNITY NEED FOR THE PROPOSED LAND USE: WITH RESPECT TO THE SUBJECT PROPERTY, PLEASE STATE THE CARE WITH WHICH THE COMMUNITY HAS UNDERTAKEN TO PLAN ITS LAND USE DEVELOPMENT: PLEASE STATE THE IMPACT THAT SUCH RECLASSIFICATION WILL HAVE UPON TRAFFIC AND TRAFFIC CONDITIONS ON SAID ROUTES; THE EFFECT, IF ANY, SUCH RECLASSIFICATION AND/OR ANNEXATION WOULD HAVE UPON EXISTING ACCESSES TO SAID ROUTES; AND THE IMPACT OF ADDITIONAL ACCESSES AS REQUESTED BY THE PETITIONER UPON TRAFFIC AND TRAFFIC CONDITIONS AND FLOW ON SAID ROUTES (ORD. 1976-43, 11-4-1976): The parcel has remained vacant since its annexation by Yorkville in 2006. The bulk of the adjoining land remains in agricultural production. North of Galena road, the Village of Montgomery has expanded residential development with home construction and sales in recent years. The proposed use for the re-zoned property will promote the general welfare of the community by contributing new jobs during the construction of the solar facility and $840,000 over 30 years in new tax revenues to the community. The proposed use will also help shore up the electric grid and enhance its reliability in the immediate vicinity of the property by installing a new source for generating clean, pollution-free electricity. The proposed use is consistent with the City of Yorkville’s Comprehensive Plan by promoting sustainable energy infrastructure that will also support the City's energy efficiency goals for homeowners through community solar subscriptions. The parcel is currently listed as undeveloped residential property (Section 2: Community Characteristics and Land Use Trends), Per Comprehensive Plan Table 2.17, Residential Built-Out Projections, it could be up to 89 years before this parcel, part of the Undeveloped Residential Zoning Area Capacity, is needed for residential use. The resulting use of this parcel as proposed by this application package is that of a solar energy facility. Petitioner anticipates minimal construction traffic (approximately 25 vehicles per day) on Cannonball Trail during the 4-6 months of construction activity. Post-construction traffic is expected to be limited to regular maintenance of of the facility using 1-ton service vehicles, a few times per year. Landowner letter in lieu of form signature Exhibit A to Application Forms Legal Description – TPE IL KE106, LLC (02-10-300-017) Note: This legal description is from the Trustee’s Deed dated August 8, 2017 between First Midwest Bank and Daniel B. Light; Recorded Kendall County, IL 8/31/2017 #201700013916 Legal Description: That part of the following described parcels lying easterly of the centerline of Cannonball Trail: The South ½ of the Southwest ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian; also the South ½ of the Southeast ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian lying Westerly of the West line of lands conveyed be Nelson C. Rider to Jerry W. Rider by Warranty Deed Dated October 15, 1911 and Recorded in Book 66 as Page 255 and Depicted in Plat Book 1 at Page 62; all in Kendall County, Illinois. Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 11:25:31 PM Exhibit B APPLICATION FOR VARIANCE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 (303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 ● APPLICATION FOR VARIANCE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. VARIANCE STANDARDS PLEASE CONFIRM THE PROPOSED VARIATION IS CONSISTENT WITH THE OFFICIAL COMPREHENSIVE PLAN AND OTHER DEVELOPMENT STANDARDS AND POLICIES OF THE CITY. Kyle C. Barry McGuireWoods LLP 1 North Old State Capitol Plaza Suite 410 Springfield, IL 62701 217-527-1282 kbarry@mcguirewoods.com 217-527-1290 Jason Cooper Kimley Horn 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 (630) 487-3449 Jason.Cooper@kimley-horn.com Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision APPLICATION FOR VARIANCE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us VARIANCE STANDARDS PLEASE STATE THE VARIANCE REQUESTED AND THE CITY ORDINANCE INCLUDING THE SECTION NUMBERS TO BE VARIED: PLEASE STATE HOW THE PARTICULAR SURROUNDINGS, SHAPE OR TOPOGRAPHICAL CONDITIONS OF THE SPECIFIC PROPERTY INVOLVED, A PARTICULAR HARDSHIP TO THE OWNER WOULD RESULT, AS DISTINGUISHED FROM A MERE INCONVENIENCE, IF THE STRICT LETTER OF REGULATIONS WAS CARRIED OUT: PLEASE STATE HOW THE CONDITIONS UPON WHICH THE APPLICATION FOR A VARIATION IS BASED ARE UNIQUE TO THE PROPERTY FOR WHICH THE VARIATION IS SOUGHT AND ARE NOT APPLICABLE, GENERALLY, TO OTHER PROPERTY WITHIN THE SAME ZONING CLASSIFICATION: PLEASE STATE HOW THE ALLEGED DIFFICULTY OR HARDSHIP IS CAUSED BY THIS TITLE AND HAS NOT BEEN CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE PROPERTY: February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. The Project would create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community would benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. The proposed facility under this rezoning effort will produce enough electricity to power approximately 1,050 homes. The EPA Clean Energy Equivalencies Calculator estimates an offset of approximately 8,235 metric tons of carbon dioxide which is the equivalent of removing 1,774 gas-powered cars from the roads, or consuming 926,600 gallons of gasoline. To petitioner's knowledge, no person presently having an interest in the property was involved in the drafting of the Alternative Energy Section of the Zoning Ordinance. The minimum clearance of 10 feet above surface level was suggested to have originated with a concern that individuals could be injured from climbing on, and then sliding down the surface of the panels. For this project, the proposed structures are not climbable, and the array will be fenced for safety and security. The height requirement would impose an unnecessary hardship that would cause the project to use more concrete and increase visibility while offering no positive benefits. Landowner letter in lieu of form signature Exhibit A to Application Forms Legal Description – TPE IL KE106, LLC (02-10-300-017) Note: This legal description is from the Trustee’s Deed dated August 8, 2017 between First Midwest Bank and Daniel B. Light; Recorded Kendall County, IL 8/31/2017 #201700013916 Legal Description: That part of the following described parcels lying easterly of the centerline of Cannonball Trail: The South ½ of the Southwest ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian; also the South ½ of the Southeast ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian lying Westerly of the West line of lands conveyed be Nelson C. Rider to Jerry W. Rider by Warranty Deed Dated October 15, 1911 and Recorded in Book 66 as Page 255 and Depicted in Plat Book 1 at Page 62; all in Kendall County, Illinois. Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 11:25:31 PM Exhibit B APPLICATION FOR SPECIAL USE United City of Yorkville 800 Game Farm Road Yor kville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us DATE: PZC NUMBER: DEVELOPMENT NAME: PETITIONER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: REQUESTED SPECIAL USE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 02/03/2023 TPE IL KE106, LLC Scott Osborn TPE IL KE106, LLC 3720 S Dahlia St Denver, CO 80237 ●(303) 618-9570 sosborn@tpoint-e.com Daniel B. Light 1700 Cannonball Trail East of Cannonball Trail, North of BNSF Rail line and Oak Street, south of Galena Rd, and west of Blackberry Creek and Kennedy Road PUD (underlying: R2, R3) Solar Farm (Freestanding Solar Energy Systems) To petitioner's B4, PUD (R2, R3) A1 A1-SU, PUD (R2, R3) PUD (R2, R3) 02-10-300-017 APPLICATION FOR SPECIAL USE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Kyle C. Barry McGuireWoods LLP 1 North Old State Capitol Plaza Suite 410 Springfield, IL 62701 217-527-1282 kbarry@mcguirewoods.com 217-527-1290 Jason Cooper Kimley Horn 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 (630) 487-3449 Jason.Cooper@kimley-horn.com APPLICATION FOR SPECIAL USE United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us SPECIAL USE STANDARDS PLEASE STATE HOW THE ESTABLISHMENT, MAINTENANCE OR OPERATION OF THE SPECIAL USE WILL NOT BE UNREASONABLY DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT OR GENERAL WELFARE: PLEASE STATE HOW THE SPECIAL USE WILL NOT BE INJURIOUS TO THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY FOR THE PURPOSE ALREADY PERMITTED, NOR SUBSTANTIALLY DIMINISH AND IMPAIR PROPERTY VALUES WITHIN THE NEIGHBORHOOD: PLEASE STATE HOW THE ESTABLISHMENT OF THE SPECIAL USE WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING PROPERTY FOR USES PERMITTED IN THE DISTRICT: PLEASE STATE HOW ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE OR OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED: Ordinance 2006-126 Authorizing Execution of Annexation Agreement of the Bristol Ridge Subdivision February 22, 2007 / May 15, 2007 Petitioner seeks to withdraw the Kendall County Parcel identified above from the Bristol Ridge Annexation Agreement and Bristol Ridge Planned Unit Development. Petitioner will further seek to rezone this parcel to Agricultural District Use in which, solar energy development is allowable as a Special Use. This withdrawal is requested to avoid affecting the zoning of neighboring parcels also included in the Bristol Ridge PUD and now owned by a different entity. A letter documenting that owner's consent to this withdrawal is attached to this application. The Project would create approximately 50-75 jobs during the approximately 4 to 6-month construction period, generating property tax revenue of approximately $840,000 over 30 years. Unlike nearly all other forms of development (residential, commercial, or industrial), the community would benefit from the significant economic benefits mentioned above without stressing community infrastructure – no new children in schools, no use of water and sewer systems, extremely limited use of roads, and little to no need for police or fire departments. The proposed facility under this rezoning effort will produce enough electricity to power approximately 1,050 homes. The EPA Clean Energy Equivalencies Calculator estimates an offset of approximately 8,235 metric tons of carbon dioxide which is the equivalent of removing 1,774 gas-powered cars from the roads, or consuming 926,600 gallons of gasoline. 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Light; Recorded Kendall County, IL 8/31/2017 #201700013916 Legal Description: That part of the following described parcels lying easterly of the centerline of Cannonball Trail: The South ½ of the Southwest ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian; also the South ½ of the Southeast ¼ of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian lying Westerly of the West line of lands conveyed be Nelson C. Rider to Jerry W. Rider by Warranty Deed Dated October 15, 1911 and Recorded in Book 66 as Page 255 and Depicted in Plat Book 1 at Page 62; all in Kendall County, Illinois. Print using Adobe® Reader®'s "Actual size" setting r150 1/1 2/4/2023 11:25:31 PM Exhibit B                  CANNONBALL TRAIL(70' WIDE ROW)TPE IL KE106, LLC©EX-1ZONING SITEPLANVICINITY MAPSCALE 1" = 5000'PROJECT LOCATIONSOILS DATA TABLENORTHLEGENDSITE DATA TABLENOTESIL-251 CANNONBALL TRAIL(70' WIDE ROW)8'HEIGHTS SHOWN INDICATE ANTICIPATED SIZE AT MATURITY (5+ YEARS)15' TYP100'-0"8'-0"100'-0"MAINTENANCE ACCESS,TYP.TYPICAL VEGETATIVE BUFFER PLANTYPICAL VEGETATIVE BUFFER ELEVATIONEVERGREEN TREE/SHRUB,TYP.LARGE DECIDUOUS SHRUB,TYP.FENCE,TYP.FENCE,TYP.EVERGREEN TREE/SHRUB,TYP.LARGE DECIDUOUS SHRUB,TYP.EVERGREEN TREE/SHRUBSAWARA CYPRESS `SOFT SERVE`JUNIPERUS VIRGINIANAJUNIPERUS CHINESIS `MOUNTBATTEN`PICEA PUNGENS `FAT ALBERT`TAXUS CUSPIDATA `CAPITATA`TAXUS X MEDIA `HICKSII`THUJA OCCIDENTALIS `WOODWARDI`-ORNAMENTAL TREECORNUS X ALTERNIFOLIACARPINUS CAROLIANACERCIS CANADENSISMAGNOLIA VIRGINIANACRATAEGUS CRESGALLIMALUS SUPPLEMENTAL SPECIES-ORNAMENTAL GRASSMISCANTHUS SINENSIS-LARGE DECIDUOUS SHRUBARONIA ARBUTIFOLIACORNUS SERICEA CARDINALEUONYMUS ALATUS `COMPACTUS`ILEX VERTICILLATALINDERA BENZOINPHYSOCARPOS OPULIFOLIUSSAMUCUS CANADENSISVIBURNUM DENTATUMVIBURNUM LENTAGO `MOHICAN`VIBURNUM PRUNIFOLIUM-ARRAY AREA POLLINATOR SEED MIX-OPEN AREA POLLINATOR SEED MIX-CONCEPT PLANT SCHEDULE8'100'-0"100'-0"50' TYP.10' TYP.TYPICAL ENHANCED VEGETATIVE BUFFER PLANTYPICAL ENHANCED VEGETATIVE BUFFER ELEVATIONEVERGREEN TREE/SHRUB,TYP.8'-0"MAINTENANCE ACCESS,TYP.HEIGHTS SHOWN INDICATE ANTICIPATED SIZE AT MATURITY (5+ YEARS)LARGE DECIDUOUS SHRUB,TYP.ORNAMENTAL TREE,TYP.ORNAMENTAL GRASS,TYP.FENCE,TYP.FENCE,TYP.EVERGREEN TREE/SHRUB,TYP.LARGE DECIDUOUS SHRUB,TYP.ORNAMENTAL TREE,TYP.ORNAMENTAL GRASS,TYP.TPE IL KE106, LLC©L1.0PRELIMINARYLANDSCAPEPLANENHANCED VEGETATIVE BUFFERVEGETATIVE BUFFERNORTHVEGETATION MANAGEMENT NOTES1. SOIL PH IS TO BE TESTED PRIOR TO AMENDMENT AND FINAL GRADING. LIME OR SULFUR ISTO BE ADDED IN APPROPRIATE QUANTITY TO BRING PH TO ACCEPTABLE LEVELS FORSEED APPLICATION AS NEEDED.2. IN AREAS OF SOIL AMENDMENT OR EXISTING AGRICULTURAL LAND, SOIL ISRECOMMENDED TO BE DISKED, CULTIVATED, AND ROLLED AS NEEDED.3. SEED TO BE APPLIED WITH NURSE CROP PER SUPPLIER'S RECOMMENDATION.4. THE INITIAL THREE YEARS WILL REQUIRE MORE FREQUENT MAINTENANCE ANDMONITORING TO PROVIDE NATIVE PLANT ESTABLISHMENT INSTEAD OF INVASIVE WEEDS.5. ANNUALLY, AT THE START OF SPRING, SITE SHOULD BE MOWED WITH A ROTARY MOWERAT A HEIGHT BETWEEN 4 AND 6 INCHES TO KNOCKDOWN STANDING VEGETATION FROMTHE PREVIOUS SEASONS.6. INTEGRATED WEED MANAGEMENT CONCEPTS WILL BE USED TO CONTROL NOXIOUS ANDINVASIVE WEEDS. CHEMICAL, CULTURAL, MECHANICAL, AND BIOLOGICAL CONTROLS MAYBE USED BASED ON WEED PRESSURE, TIMING, AND VEGETATIVE GROWTH.7. FINAL TREE SELECTION WILL BE BASED ON AVAILABILITY DURING INSTALLATION.8. ALL SITES SHALL BE PREPARED FOR SEEDING BY WEED CONTROL MEASURESAPPROPRIATE TO THE SITE PRIOR TO ANTICIPATED FINAL SEEDING.9. ALL SITES SHALL BE ACTIVE SEEDED AND SHALL NOT BE PRE-PLANTED, TREATED, ORINCLUDED WITH THE USE OF INSECTICIDES.OPEN AREA POLLINATOR SEED MIX25% SCHIZACHYRIUM SCOPARIUM LITTLE BLUESTEM10% BOUTELOUA CURTIPENDULA SIDEOATS GRAMA6% SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED5.5% ELYMUS CANADENSIS CANADA WILDRYE5.2% ECHINACEA PURPUREA PURPLE CONEFLOWER5% DALEA PURPUREA PURPLE PRAIRIE CLOVER4.3% COREOPSIS LANCEOLATA LANCELEAF COREOPSIS3.5% RUDBECKIA HIRTA BLACKEYED SUSAN3% ALLIUM CERNUUM NODDING WILD ONION2.2% SOLIDAGO NEMORALIS GRAY GOLDENROD2.1% SPIRAEA ALBA DU ROI MEADOWSWEET2% RATIBIDA PINNATA YELLOW PRAIRIE CONEFLOWER2% ROSA SETIGERA MICHX MICHIGAN ROSE1.8% SOLIDAGO SPECIOSA SHOWY GOLDENROD1.8% SYMPHYOTRICHUM LAEVE SMOOTH BLUE ASTER1.6% CEANOTHUS AMERICANUS NEW JERSEY TEA1.5% GERANIUM MACULATUM WILD GERANIUM1.5% LIATRIS ASPERA MICHX ROUGH BLAZING STAR1.4% SOLIDAGO RIDDELLII RIDDELL'S GOLDENROD1.4% SYMPHYOTRICHUM ERICOIDES HEATH ASTER1.3% PENSTEMON HIRSUTUS HAIRY BEARDTONGUE1.2% LOBELIA SIPHILITICA BLUE LOBELIA1.2% ASCLEPAIS TUBEROSA BUTTERFLY WEED1.2% ASCLEPIAS INCARNATA SWAMP MILKWEED1.2% ZIZIA AUREA GOLDEN ALEXANDERS1.1% PENSTEMON DIGITALIS TALL WHITE BEARDTONGUE1% ANEMONE CANADENSIS CANADA ANEMONE1% AQUILEGIA CANADENSIS COLUMBINE1% BAPTISIA BRACTEATA VAR LEUCOPHAEA WILD INDIGO1% LUPINUS PERENNIS V. OCCIDENTALIS WILD LUPINE1% MONARDA FISTULOSA WILD BERGAMOT1% MONARDA PUNCTATA HORSE MINTSEEDING RATE: 25 LB PER ACRESEED WITH COVER CROP OF OATS, JAPANESE MILLET, WINTER PEA, OR ANNUAL RYEDEPENDENT ON SEASON AT A RATE OF 30 LB PER ACRE.SPECIFIED MIX SUBJECT TO AVAILABILITY DURING TIME OF CONSTRUCTION, ORAPPROVED EQUAL.ARRAY AREA POLLINATOR SEED MIX26% SCHIZACHYRIUM SCOPARIUM LITTLE BLUESTEM10% BOUTELOUA CURTIPENDULA SIDEOATS GRAMA8% SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED5% CAREX BICKNELLII COPPER-SHOULDERED OVAL SEDGE5.2% COREOPSIS LANCEOLATA SAND COREOPSIS4.8% SYMPHYOTRICHUM LAEVE SMOOTH BLUE ASTER4% SYMPHYOTRICHUM ERICOIDES HEATH ASTER3.5% DALEA PURPUREA PURPLE PRAIRIE CLOVER3.5% GERANIUM MACULATUM WILD GERANIUM3% ALLIUM CERNUUM ROTH NODDING WILD ONION3% VERONICASTRUM VIRGINICUM CULVER'S ROOT1.8% DESMODIUM CANADENSES SHOWY TICK TREFOIL1.7% SPIRAEA ALBA DU ROI MEADOWSWEET1.6% ZIZIA AUREA GOLDEN ALEXANDERS1.5% ECHINACEA PURPUREA PURPLE CONEFLOWER1.4% SOLIDAGO SPECIOSA SHOWY GOLDENROD1.2% PYCNANTHEMUM VIRGINIANUM COMMON MOUNTAIN MINT1.2% EUPATORIUM PERFOLIATUM BONESET1.2% OENOTHERA BIENNIS EVENING PRIMROSE1.2% SILPHIUM PERFOLIATUM CUP PLANT1.2% RUDBECKIA HIRTA BLACKEYED SUSAN1.1% HERACLEUM MAXIMUM COMMON COWPARSNIP1.1% LUPINUS PERENNIS V. OCCIDENTALIS WILD LUPINE1% RATIBIDA PINNATA YELLOW PRAIRIE CONEFLOWER1% LIATRIS ASPERA MICHX ROUGH BLAZING STAR0.9% ANGELICA ATROPURPUREA ANGELICA0.8% CACALIA ATRIPLICIFOLIUM PALE INDIAN PLANTAIN0.8% LOBELIA SIPHILITICA BLUE LOBELIA0.8% PENSTEMON HIRSUTUS HAIRY BEARDTONGUE0.8% ASCLEPAIS TUBEROSA BUTTERFLY WEED0.7% ANEMONE CANADENSIS CANADA ANEMONE0.6% SOLIDAGO NEMORALIS GRAY GOLDENROD0.4% CEANOTHUS AMERICANUS NEW JERSEY TEASEEDING RATE: 25 LB PER ACRESEED WITH COVER CROP OF OATS, JAPANESE MILLET, WINTER PEA, OR ANNUAL RYEDEPENDENT ON SEASON AT A RATE OF 30 LB PER ACRE.SPECIFIED MIX SUBJECT TO AVAILABILITY DURING TIME OF CONSTRUCTION, ORAPPROVED EQUAL. Illinois Solar Site Pollinator Habitat Planning Form Use this form as a draft before completing the Illinois Planned Pollinator Habitat on Solar Sites Scorecard online In Between and Under Solar Panels 1. PLANNED PLANT DIVERSITY IN ROWS & UNDER SOLAR ARRAY (choose up to 2) †4-6 species +5 pts †7 or More species +8 pts †All Native Species (minimum 4 species) +10 pts Perimeter and Buffer Area 2. VEGETATIVE BUFFER PLANNED ADJACENT TO THE SOLAR SITE (choose all that apply) †Buffer planned outside of array fencing +5 pts †Buffer is 30-49ft wide measured from array fencing +5 pts †Buffer is at least 50ft wide measured from array fencing +10 pts †Buffer has Native shrubs/trees that provide food for wildlife +5 pts 3. SEEDS USED FOR NATIVE PERIMETER & BUFFER AREAS (choose all that apply) †Mixes are seeded using at least 20 seeds per square foot of Pure Live Seed or 40 Seeds per square foot on slopes > 5% +10 pts †All seeds are from a source within 150 miles of site +5 pts †At least 2% milkweed cover is planned to be established from seeds/plants +5 pts 4. PLANNED # OF NATIVE SPECIES IN SITE PERIMETER & BUFFER AREA (species with more than 1% cover)(choose 1) †5-10 species +2 pts †10-15 species +5 pts †16-20 species +10 pts †>20 species +15 pts Exclude invasive and non-native plant species from total 5. PLANNED PERCENT OF PERIMETER & BUFFER AREA DOMINATED BY NATIVE PLANT SPECIES (choose 1) †26- 50 % +2 pts †51-75 % +10 pts †More than 75% +15 pts Whole Site 6. PLANNED PERCENT OF SITE VEGETATION COVER TO BE DOMINATED BY DESIRABLE WILDFLOWERS (choose 1) †26- 50 % +2 pts †51-75 % +10 pts †More than 75% +15 pts 12/3/2019 7. PLANNED SEASONS WITH AT LEAST THREE BLOOMING NATIVE SPECIES PRESENT (choose all that apply) †Spring (April-May) +5 pts †Summer (June-August) +5 pts †Fall (September-October) +5 pts 8. HABITAT SITE PREPARATION PRIOR TO IMPLEMENTATION (choose all that apply) †Soil preparation done to promote germination and reduce erosion as appropriate for the site. +10 pts †Measures taken to control weeds prior to seeding +10 pts †None -10 pts 9. AVAILABLE HABITAT COMPONENTS WITHIN 0.25 MILES (choose all that apply) †Native bunch grass for bee nesting +2 pts †Native trees/shrubs for bee nesting +2 pts † Clean, perennial water sources +2 pts † Created habitat nesting features +2 pts 10. SITE PLANNING AND MANAGEMENT(choose all that apply) †Detailed establishment and management plan developed +10 pts †Signage legible at forty or more feet stating “pollinator friendly solar habitat” +3 pts 11. INSECTICIDE RISK (choose all that apply) †Planned on-site use of insecticide or pre-planting seed/plant treatment (excluding buildings/electrical boxes, etc.) -40 pts †Communication/registration with local chemical applicators or on www.fieldwatch.com to prevent drift +5 pts Total Points: _____________ Meets Preliminary Pollinator Standards - 85 Provides Exceptional Habitat - 110 and higher Owner:__________________________________ Vegetation Consultant: ____________________ Project Location: ________________________ Project Size: ________________________acres Final Seeding Date: _______________________ This form is designed (with the help of the Solar Site Pollinator Guidelines found on IDNR’s website) to guide owners or managers of solar sites to meet the requirements to be able to claim a site is pollinator friendly according to the “Pollinator Friendly Solar Site Act (525 ILCS 55)”. This form is for company records only and does not grant the title of a Pollinator Friendly Solar Site until the “Illinois Planned Pollinator Habitat on Solar Sites Scorecard” is completed with a score of 85 or higher on IDNR’s website. This preliminary recognition is good for 3yrs, after which the “Established Pollinator Habitat on Solar Sites Scorecard” will need to be completed every 5 years to maintain recognition as a Pollinator Friendly Solar Site. Turning Point Energy Kimley-Horn 126 41.8 1700 Cannonball Trail, Yorkville IL                   TPE IL KE106, LLC Kendall County, IL TPE IL KE106, LLC Community Solar Project Decommissioning Plan TPE IL KE106, LLC has prepared the following plan to fulfill local requirements and assumes that the Project will be constructed in accordance with all permits and approvals. 1.0 Project Description The TPE IL KE106, LLC Community Solar Project is an approximately 5 MW AC solar farm located on parcel 02-10-300-017, at 1700 Cannonball Trail, Bristol IL, 60512 in Kendall County (the “Project”). The Project is to be constructed on approximately 28 acres. The purpose of the Project is the generation of renewable solar electricity. The Project will be interconnected to the Commonwealth Edison (”ComEd”) electric distribution grid at the site entrance, just off Cannonball Trail. The estimated useful Project lifetime is 25-40 years, or more. The following list is a summary of the Project features: Approximately 5 MW AC total solar array consisting of silicon solar panels Driven post or ground screw foundations and steel and aluminum racking system 8’ Security fence surrounding the array perimeter Inverters and transformers for power conditioning Concrete equipment pads for inverter and/or switchgear locations Copper and aluminum wire Underground conduit at the array location Overhead poles and wires from the array location to utility poles Gravel access roads Metal security gates at array location Miscellaneous electrical equipment 2.0 Decommissioning Plan The Project has an anticipated operation life of 25 to 40 years or longer if maintenance is continued. At the end of operational life of the Project, the Project will be safely dismantled using conventional construction equipment, rather than being demolished or otherwise disposed of. Decommissioning shall include stabilization of the site and the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment. The Project consists of numerous materials that can be resold or recycled for significant scrap value, including steel, aluminum, glass, copper and plastics. Often, current market salvage values of a Project exceed estimated decommissioning and site restoration expenses. TPE IL KE106, LLC Kendall County, IL 2.1 Temporary Erosion Control Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the Project. Control features will be regularly inspected during the decommissioning phase and removed at the end at the process. All decommissioning activities will conform with local and state regulations. 2.2 Material Removal Process The decommission process will consist of the following general steps: 2.2.1 Project shall be disconnected safely from the power grid and all equipment shall be switched to off position 2.2.2 PV modules shall be disconnected, packaged, and returned to manufacturer or appropriate facility for recycling or resold for use in other projects 2.2.3 Above and underground cabling shall be removed and sent to an appropriate recycling facility 2.2.4 Inverters will be disconnected from modules and shipped intact to an approved electrical equipment recycler 2.2.5 Racking materials shall be dismantled, removed, and recycled off-site at an approved recycler 2.2.6 Fencing will be dismantled, removed, and recycled off-site at an approved recycler 2.2.7 Grade slabs will be broken and removed and disposed of in compliance with local and state regulations 2.2.8 All remaining electrical and support equipment will be dismantled and recycled or disposed of in compliance with local and state regulations 2.2.9 Site access roads will be removed and recycled. Once the road material is removed, the compacted soil beneath and surrounding the access road shall be scarified to a minimum depth of 18 inches 2.2.10 The stie shall be restabilized once all utilities, equipment, and site features have been removed from the site 2.3 PV Module Removal Solar photovoltaic modules used in the Project are manufactured within regulatory requirements for toxicity based on Toxicity Characteristic Leaching Procedure (TCLP). The solar panels are not considered hazardous waste. The panels used in the Project will contain silicon, glass, and aluminum, which have value for recycling. Solar panels have a warranty of 20 – 25 years and useful life of 35 – 50 years. The most realistic outcome for solar modules is re-use in other generation TPE IL KE106, LLC Kendall County, IL projects. Modules will be sold for re-use or dismantled and packaged per manufacturer or approved recyclers specifications and shipped to an approved off-site recycler. 2.4 Electric Wire Removal Electric wire made from copper or aluminum has value for recycling. DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. Overhead cabling for the interconnection will be removed from poles. All wire will be sent to an approved off-site recycler. 2.5 Electrical Equipment Removal Inverters, panels, transformers, switchgear and other electrical equipment will be dismantled, packaged, and removed from the site per manufactures specifications for removal, decontamination, disposal or recycling. Any dielectric fluids present in transformer, or other electric equipment will be removed, packaged, and sent to an approved waste facility. 2.6 Racking and Fencing removal All racking and fencing material will be broken down into manageable units and removed from Project and sent to an approved recycler. All racking posts driven into the ground will be pulled and removed. 2.7 Concrete Slab Removal Concrete slabs used as equipment pads will be broken and removed. Clean concrete will be crushed and disposed of off-site and or recycled and reused either on or off-site. 2.8 Access Road Removal Gravel from on-site access roads shall be removed and recycled if requested by the Landowner or Required under an AIMA. Once the gravel is removed, the soil below the gravel and the soil along compacted dirt access roads shall be scarified a depth of 18-inches and blended as noted in the Site Restoration section below. 2.9 Landscaping Unless required to remain in place by the Land Owner or an AIMA agreement, all vegetative landscaping and screening installed as part of the Project will remain in place. Landscape areas will be restored as noted in the Site Stabilizaiton section below. TPE IL KE106, LLC Kendall County, IL 2.10 Final Site Walkthrough A final site walkthrough will be conducted to remove debris and/or trash generated within the site during the decommissioning process and will include removal and proper disposal of any debris that may have been wind-blown to areas outside the immediate footprint of the Project being removed. 2.11 Site Stabilization Once removal of all project equipment is complete, all areas of the project site that were traversed by vehicles and construction and/or decommission equipment that exhibit compaction and rutting shall be restored. All prior agricultural land shall be ripped at least 18 inches deep or the extent practicable and all pasture and woodland shall be ripped at least 12 inches deep or to the extent practicable. The existence of drain tile lines or underground utilities may necessitate less ripping depth. Once this is complete, seed will be planted if desired (in consultation with landowners). 3.0 Future Land Use The site will be restored and reclaimed to approximately the pre-construction condition in conformance with the site lease agreement and the Agricultural Impact Mitigation Agreement (AIMA). It is assumed that the site will be returned to agricultural use after decommissioning, and appropriate measures will be implemented to achieve said use. 4.0 Decommissioning Terms The Project shall be decommissioned withing six(6) months of the end of the Project’s operational life. At completion of the decommissioning phase as described in this document, and expiration of the site lease, the land will be returned to the owner in a stabilized condition. Decommissioning security financing shall be required by the county in order to assure the proper decommissioning of the site and in no instance shall the financial security be less than $1,000 per acre. This security financing should be in the form of an irrevocable letter of credit or cash placed in a county escrow account. The county board may, in its sole discretion, agree to accept security, or a portion thereof, in another form such as a bond or corporate guarantee. The Final decommissioning plan and financial security must be presented to and accepted by the Kendall County Board prior to the issuance of a building permit for the Project. An updated decommissioning plan shall be submitted to the county every three years.                     kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 MEMORANDUM To: Michelle Carpenter Turning Point Energy From: Ashley Payne Kimley-Horn and Associates, Inc. Date: July 22, 2022 Subject: Bristol Township, Illinois – KE106 Level 1 Wetland Investigation Memorandum INTRODUCTION Kimley-Horn was contracted to review the KE106 project site for potential wetlands. See Figure 1 for project location and Figure 2 for project site boundary. The project site is located in Bristol Township, Kendall County, Illinois. A review of available background data was completed to assist in determining if any potential aquatic resources are present within the project site. AVAILABLE BACKGROUND DATA: USGS Topographical Map A review of the USGS topographical Map did not identify any wetlands or waterbodies within the project site. The USGS Topographical Map is Figure 3. National Wetlands Inventory A review of the National Wetlands Inventory (NWI) identified zero wetlands within the project site. The NWI is included in Attachment A. USGS National Hydrography Data (NHD Data) A review of the USGS National Hydrography Data (NHD data) was completed. No linear waterway features or waterbodies were identified within the project site. The information is included in Attachment A. Kendall County Soil Survey A review of the Kendall County soil survey via Websoil survey identified two soil types that are considered hydric soil. Approximately 2% of the project site is mapped at a hydric rating of 95%. The remainder of the site is mapped at a predominantly non-hydric rating below 5%. The soil survey is included in Attachment B. DNR Public Waters Inventory A review of the Illinois DNR (IL DNR) Public Waters Inventory was completed. No IL DNR Public Waters were identified within the project site. The information is included in Attachment C. Page 2 2-foot Contours Two-foot contours were reviewed to determine if any wetland areas or drainage swales are present on the site. The site is fairly flat and slopes west. Several low areas were identified within the project site along the eastern boundary and in the central portion of the site. The 2-ft contours are included in Attachment D. FEMA 100-Year Floodplain The Federal Emergency Management Agency (FEMA) National Flood Hazard Layer (NFHL) Viewer was reviewed to determine if any FEMA 100-year floodplain is located within the project site. Based on the NFHL Viewer, the project site is not located within a FEMA 100-year floodplain. The FEMA 100-year floodplain is included in Attachment E. Previous Site Disturbance Historic aerials from 1993 to 2021 were reviewed to determine previous land use and disturbance on the site (Attachment F). The site has been used for agricultural purposes since at least 1993. Year Land Use 3-month Antecedent Precipitation Conditions Comments 1993 Agricultural Normal Site consists of cropped agricultural field. No areas of stunted or stressed crops visible. 2002 Agricultural Drier than Normal Same comment as above. 2007 Agricultural Normal Same comment as above. 2008 Agricultural Wetter than Normal Same comment as above. 2010 Agricultural Wetter than Normal Same comment as above. 2011 Agricultural Normal Same comment as above. 2013 Agricultural Wetter than Normal Site consists of cropped agricultural field. Crop stress visible in several low areas throughout site. 2015 Agricultural Normal Site consists of cropped agricultural field. No areas of stunted or stressed crops visible. 2017 Agricultural Normal Same comment as above. 2019 Agricultural Normal Site consists of cropped agricultural field. Crop stress visible in the northeast corner of site. 2021 Agricultural Normal Site consists of cropped agricultural field. No areas of stunted or stressed crops visible. Page 3 No areas of continued stunted or stressed vegetation or inundation were visible on the reviewed historic aerials. No potential wetlands or aquatic resources are visible within the project site. RECOMMENDATIONS: Mapped hydric soil is present within the project limits; however, no mapped wetlands were identified within the site. Based on the historic review, no continued stunted or stressed vegetation is visible during the growing season within the site. No wetlands are anticipated to be found within the project site. 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HQD 5 G %XUOLQ J 2 D N (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$&RXQW\RI:LOO0D[DU0LFURVRIW k   )HHW )LJXUH3URMHFW6LWH%RXQGDU\ %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH &RS\ULJKWŒ1DWLRQDO*HRJUDSKLF6RFLHW\LFXEHG k   )HHW )LJXUH86*67RSRJUDSKLFDO0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH ATTACHMENT A National Wetlands Inventory and NHD Data   *DOHQ D 5 G   +XQW 6 W 1&DQQRQEDOO7UO%XUOLQJW R Q 1 R U W K H UQ 6 D Q W D ) H *DO HQD 5 G %X DQQRQEDOO77777UUUO3(0$I 3(0& 3(0& 3)2$ 58%+ &RXQW\RI:LOO0D[DU(VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ 2SHQ6WUHHW0DS0LFURVRIW(VUL+(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV ,QF0(7,1$6$86*6(3$13686&HQVXV%XUHDX86'$ k   86)HHW 1DWLRQDO:HWODQGV,QYHQWRU\ 1:, DQG1+'0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH 1:, 1+':DWHUERG\ 1+')ORZOLQH ATTACHMENT B Hydric Soils Map   *DOHQ D 5 G   +XQW 6 W 1&DQQRQEDOO7UO%XUOLQJW R Q 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7KHVHYLVLEOHSURSHUWLHVDUHLQGLFDWRUVRIK\GULFVRLOV7KHLQGLFDWRUVXVHGWR PDNHRQVLWHGHWHUPLQDWLRQVRIK\GULFVRLOVDUHVSHFLILHGLQ)LHOG,QGLFDWRUVRI +\GULF6RLOVLQWKH8QLWHG6WDWHV +XUWDQG9DVLODV  5HIHUHQFHV )HGHUDO5HJLVWHU-XO\&KDQJHVLQK\GULFVRLOVRIWKH8QLWHG6WDWHV )HGHUDO5HJLVWHU6HSWHPEHU+\GULFVRLOVRIWKH8QLWHG6WDWHV +\GULF5DWLQJE\0DS8QLW²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                                                                                   (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$&RXQW\RI:LOO0D[DU0LFURVRIW k   86)HHW IW&RQWRXUV0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH IW&RQWRXUV ATTACHMENT E FEMA 100 Year Floodplain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&&&&&UUUU\\\\\\GGGHHUUU::::::DD:\\\\\\\\\3333 DUUUUNNNNN YYYYYYYYLH ZZZZZ$$$$$99HHWHHUUUUUUUD%%%O DD FF NNNEEEHUUU UUU \\222DNNN V *****RRROOIII &&&RRXXUUUV H 555RRRWWDUUU \\33 DUUU NN55GG5GG% ) &&&&&&D Q Q RR UUUUU D P RO% GG 5555555RRVH&&&DQQRQEDOO77777773$1(/ &+ HII 3$1(/ &+ HII 3$1(/ &+ HII 3$1(/ &* HII &RXQW\RI:LOO0D[DU(VUL&RPPXQLW\0DSV&RQWULEXWRUV(VUL+(5( *DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$13686 &HQVXV%XUHDX86'$ k   86)HHW )(0$<HDU)ORRGSODLQ0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH )(0$<HDU)ORRGSODLQ ),503DQHOV ATTACHMENT F Historic Aerials 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 0DUFK %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL 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Deerfield, Illinois 847-260-7804 MEMORANDUM To: Michelle Carpenter Turning Point Energy From: Ashley Payne Kimley-Horn and Associates, Inc. Date: July 22, 2022 Subject: Bristol Township, Illinois – KE106 Desktop Environmental Review and Limited Wetland Assessment INTRODUCTION Kimley-Horn was contracted to review the KE106 project site for potential environmental constraints. See Figure 1 for project location and Figure 2 for the project site. The project site is located in Bristol Township, Kendall County, Illinois. The site is located in Sections 10 and 15 of Township 37N, Range 7E. Kimley-Horn reviewed available background data to assist in determining if there are any potential environmental constraints for the site. ENVIRONMENTAL CONSTRAINTS: Level 1 (Desktop) Wetlands Assessment Kimley-Horn reviewed available topographic mapping, the National Wetlands Inventory (NWI), the National Hydrography Dataset (NHD), LiDAR, soil survey data, public waters, and aerial photography to identify potential wetlands or surface waters within the site vicinity. USGS Topographical Map A review of the USGS topographical Map identified undeveloped land within the site. The USGS topographical map is shown on Figure 3. National Wetlands Inventory A review of the National Wetlands Inventory (NWI) identified zero wetlands within the project site. The NWI is included in Figure 4. USGS National Hydrography Dataset (NHD Data) A review of the USGS National Hydrography Dataset (NHD data) was completed. No linear waterway features or waterbodies were identified within the site. The information is included in Figure 4. 2-ft LiDAR Contours Two-foot contours were reviewed to determine if any wetland areas or drainage swales are present on the site. The site is fairly flat and slopes west. Several low areas were identified within the project site along the eastern boundary and in the central portion of the site. The 2-ft contours are included in Figure 5. Page 2 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 Kendall County Soil Survey A review of the Kendall County soil survey via Websoil survey identified two soil types that are considered hydric soil. Approximately 2% of the project site is mapped at a hydric rating of 95%. The remainder of the site is mapped at a predominantly non-hydric rating below 5%. The soil survey is included in Figure 6. DNR Public Waters Inventory A review of the Illinois DNR (IL DNR) Public Waters Inventory was completed. No IL DNR Public Waters were identified within the project site. The information is included in Figure 7. Previous Site Disturbance Historic aerials from 1993 to 2021 were reviewed to determine previous land use and disturbance on the site (Attachment A). No areas of continued stunted or stressed vegetation or inundation were visible on the reviewed historic aerials. Year Land Use 3-month Antecedent Preci pitation Conditions Comments 1993 Agricultural Normal Site consists of cropped agricultural field. No areas of stunted or stressed crops visible. 2002 Agricultural Drier than Normal Same comment as above. 2007 Agricultural Normal Same comment as above. 2008 Agricultural Wetter than Normal Same comment as above. 2010 Agricultural Wetter than Normal Same comment as above. 2011 Agricultural Normal Same comment as above. 2013 Agricultural Wetter than Normal Site consists of cropped agricultural field. Crop stress visible in several low areas throughout site. 2015 Agricultural Normal Site consists of cropped agricultural field. No areas of stunted or stressed crops visible. 2017 Agricultural Normal Same comment as above. 2019 Agricultural Normal Site consists of cropped agricultural field. Crop stress visible in the northeast corner of site. 2021 Agricultural Normal Site consists of cropped agricultural field. No areas of stunted or stressed crops visible. Desktop Wetlands Assessment Page 3 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 Based on the Level 1 (Desktop) Wetlands Assessment, Kimley-Horn identified no potential wetlands within the project site. USFWS Federally Listed Threatened and Endangered Species Kimley-Horn conducted a preliminary review of the potential for federally listed threatened, endangered, and proposed species to occur within the site or be affected by the proposed project for the purposes of due diligence in complying with the Endangered Species Act (ESA). A list of the threatened, endangered, and proposed species, and designated critical habitat that could occur in Kendall County was obtained and evaluated from the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) online planning tool. Habitat descriptions for the identified species were compared to the habitat within or near the site. An official species list dated July 22, 2022 was generated by IPaC and transmitted to Kimley-Horn on behalf of the Illinois- Iowa Ecological Services Field Office. The official species list is included in Attachment B. Five federally listed species has been identified within the site vicinity. The species are identified below in Table 1. Table 1. USWFS Listed Threatened and Endangered Species S pecies Status Preferred Habitat Proposed Im pacts Myotis sodalis (Indiana Bat) Endangered During summer, Indiana Bats roost under loose bark or in hallows and cavities of mature trees in the floodplain forest or savanna habitats adjacent to riparian corridors. In winter, Indiana bats hibernate in caves. No preferred habitat identified within the site; therefore, no impacts are anticipated. Myotis septentrionalis (Northern Long- Eared Bat) (NLEB) Threatened During summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. This bat uses tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines. No preferred habitat identified within the site; therefore, no impacts are anticipated. Platanthera leucophaea (Eastern Prairie Fringed Orchid) Threatened Includes prairies; wetlands, including sedge meadows, marshes, and bogs; grassy environments with optimal sun. No preferred habitat identified within the site; therefore, no impacts are anticipated. Danaus plexippus (Monarch butterfly) Candidate The monarch butterfly requires grassland habitats where milkweed and flowers are p resent. Minimal preferred habitat may appear within the site. The area is primarily active Page 4 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 S pecies Status Preferred Habitat Proposed Im pacts farmland. No adverse impacts anticipated. Bombus affinis (Rusty Patched Bumble Bee) (RPBB) Endangered The RPBB prefers grasslands with flowering plants from April through October, underground and abandoned rodent cavities or clumps of grasses above ground as nesting sites, and undisturbed soil for hibernating queens to overwinter. The site is located predominantly within a USFWS low-potential RPBB zone. Approximately 5% of the site is in a RPBB high-potential zone. The site is primarily active farmland providing minimal habitat for the RPBB. No adverse impacts anticipated. Migratory Birds According to the IPaC resource list, thirteen migratory species on the Birds of Conservation Concern (BCC) list have been identified within the site. The Migratory Bird Treaty Act (MBTA) makes it illegal for anyone to “take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations by the USFWS”. Typically, if active nests of bird species protected by the MBTA are identified, the USFWS recommends avoiding tree clearing or nest removal until at least the peak of the nesting season (generally March through August) has passed or until the nest is abandoned. The U.S. Department of the Interior, Office of the Solicitor, published a memorandum (M-37050) dated December 22, 2017 regarding the MBTA and how “incidental take” is viewed by the Department. The memorandum analyzes whether the MBTA prohibits the accidental or “incidental” taking or killing of migratory birds. “Incidental take” is take that results from an activity, but is not the purpose of that activity. In this memorandum, the Department of the Interior concluded that “the MBTA’s prohibition on pursuing, hunting, taking, capturing, killing, or attempting to do the same applies only to direct and affirmative purposeful actions that reduce migratory birds, their eggs, or their nests, by killing or capturing, to human control.” Therefore, according to the Department of the Interior, the MBTA does not prohibit “incidental take.” Courts have different opinions and decisions with respect to including or excluding “incidental take” when considering the prohibitions under the MBTA. In 2015, the Fifth Circuit in United States v. Citgo Petroleum Corp. issued an opinion that agreed with the Eighth and Ninth circuits that a taking is limited to deliberate acts done directly and intentionally to migratory birds. Therefore, the Fifth Circuit decided that the MBTA only prohibits intentional take and does not prohibit incidental take. This decision by the Fifth Circuit set precedent within the Fifth Circuit’s jurisdiction. On January 7, 2021, the USFWS published a final rule (“MBTA rule”) defining the scope of the MBTA which excluded incidental take of migratory birds from being unlawful. This interpretation of the MBTA was effective as of March 8, 2021. On May 7, 2021, the USFWS proposed to revoke the January 7, 2021 final regulation and opened a public comment period which closed on June 7, 2021. On September 29, 2021, the U.S. Department of Interior announced a series of actions to unwind the most recent rulemaking in an effort “to ensure that the MBTA conserves birds today and into the Page 5 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 future.” On October 4, 2021, the USFWS published a final rule revoking the most recent rule enacted by the Trump Administration that limited the scope of the MBTA. According to the Federal Register, the final MBTA revocation rule will go into effect on December 3, 2021. It is our understanding that as of December 3, 2021, incidental take would be enforceable under the MBTA; however, currently given that the purpose of the site is to develop a solar project, incidental take is currently not enforceable (as of the date of this report). In addition, on October 4, 2021, the USFWS published an Advanced Notice of Proposed Rulemaking announcing the intent to solicit public comments and information to help develop proposed regulations that would establish a permitting system to authorize the incidental take of migratory birds in certain circumstances. The USFWS issued a Director’s Order establishing criteria for the types of conduct that will be a priority for enforcement activities with respect to incidental take of migratory birds. It should be noted that the regulatory climate with respect to the MBTA is changing; however, it is our understanding that as of December 3, 2021 incidental take of migratory birds will be liable under the MBTA. This should be considered until a rulemaking process is complete. Kimley-Horn downloaded the Trust Resources Report Migratory Bird List from the IPaC online planning tool. The IPaC results are included in Attachment B. Kimley-Horn conducted a preliminary desktop review of the potential for migratory bird habitat (focusing primarily on trees and shrubs) to occur on the proposed site or be affected by the proposed site for the purposes of due diligence in complying with the MBTA. The desktop review revealed the presence of minimal potential migratory bird habitat within the site. It is our understanding that as of December 3, 2021, incidental take would be enforceable under the MBTA; however, currently given that the purpose of the project is to develop a solar project, incidental take is currently not enforceable (as of the date of this report). Illinois Department of Natural Resources (IDNR) State Listed Threatened, Endangered, and Species of Special Concern The IDNR identified no state Illinois Natural Area Inventory sites, dedicated Illinois Nature Preserves, or registered Land and Water Reserves in the vicinity of the site. The IDNR identified protected resources that may be in the vicinity of the project location; however, the IDNR determined that adverse effects are unlikely. IDNR Consultation Letter is included in Attachment B. Historic Resources Database Review Kimley-Horn reviewed the Illinois Historic Preservation Division (IHPD) database for known historic resources within the project vicinity. According to the IHPD database, the project area contains no previously identified archaeological sites VHH$WWDFKPHQW& . There are 18 previously identified archaeological sites and 8 archaeological surveys completed within 0.5 miles of the site. The identified sites are not listed in the National Register of Historic Places. According to the Historic & Architectural Resources Geographic Information System (HARGIS), the site does not contain previously identified historic buildings or sites and no buildings have been previously recorded within 0.5 miles of the site. The results of the IHPD review are sensitive in nature and should not be shared publicly. Correspondence with the Illinois State Historic Preservation Office (SHPO) is ongoing and results are pending. CONCLUSIONS Based on the information reviewed, Kimley-Horn has identified minimal environmental constraints that could require additional planning. Page 6 kimley-horn.com 570 Lake Cook Road, Suite 200, Deerfield, Illinois 847-260-7804 Based on the Level 1 (Desktop) Wetlands Assessment, Kimley-Horn identified no potential wetlands within the project site. Minimal potential suitable habitat for listed federal species was observed within the site. If tree clearing or structure demolition is anticipated, it is recommended to occur from November 1st – March 31st, which is outside of the active bat season. The IDNR determined that adverse effects to state listed species or protected resources are unlikely. No impacts to known IHPD-listed resources are anticipated. Correspondence with the Illinois State Historic Preservation Office (SHPO) is ongoing and results are pending. Figures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k 0LOHV )LJXUH3URMHFW/RFDWLRQ %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH   *DOHQ D 5 G   6W 1&DQQRQEDOO7UO%XUO LQJWRQ 1 R U W K H UQ 6 D Q W D ) H *DO HQD 5 G %XUOLQ J 2 D N (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$&RXQW\RI:LOO0D[DU0LFURVRIW k   )HHW )LJXUH3URMHFW6LWH%RXQGDU\ %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH &RS\ULJKWŒ1DWLRQDO*HRJUDSKLF6RFLHW\LFXEHG k   )HHW )LJXUH86*67RSRJUDSKLFDO0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH   *DOHQ D 5 G   +XQW 6 W 1&DQQRQEDOO7UO%X U OL QJWRQ 1 R U W K H UQ 6 D Q W D )H *DO HQD 5 G %X &&DDQQRQEDDOO77777UUUUO3(0$I 3(0& 3(0& 3)2$ 58%+ &RXQW\RI:LOO0D[DU(VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ 2SHQ6WUHHW0DS0LFURVRIW(VUL+(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV ,QF0(7,1$6$86*6(3$13686&HQVXV%XUHDX86'$ k   86)HHW )LJXUH1:,DQG1+'0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH 1:, 1+':DWHUERG\ 1+')ORZOLQH   *DOHQ D 5 G   +XQW 6 W 1&DQQRQEDOO7UO%X U OL QJWRQ 1 R U W K H UQ 6 D Q W D )H *DO HQD 5 G %X &&DDQQRQEDDOO77777UUUUO                                                                                                        (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$&RXQW\ RI:LOO0D[DU0LFURVRIW k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k 0LOHV )LJXUH,/'153XEOLF:DWHUV0DS %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH 3XEOLF:DWHU3RO\JRQV ATTACHMENT A Historic Aerials 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 0DUFK %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS )HEUXDU\ %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 2FWREHU %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS $SULO %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS -XQH %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 6HSWHPEHU %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS $SULO %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS $SULO %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 6HSWHPEHU %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 2FWREHU %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK 1&DQQRQEDOO 7UO11&&DQQRRQEDOO77 (VUL&RPPXQLW\0DSV&RQWULEXWRUVŒ2SHQ6WUHHW0DS0LFURVRIW(VUL +(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0(7,1$6$86*6(3$ 13686&HQVXV%XUHDX86'$ k   86)HHW +LVWRULF$HULDO0DS 0D\ %ULVWRO7RZQVKLS.HQGDOO&RXQW\ 7XUQLQJ3RLQW(QHUJ\ /HJHQG 3URMHFW6LWH $HULDO,PDJH&RXUWHV\RI*RRJOH(DUWK ATTACHMENT B Species Resources 30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  ™ Ɠ 30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  30 ,3D&([SORUH/RFDWLRQUHVRXUFHV KWWSVLSDFHFRVSKHUHIZVJRYSURMHFW0.%113;)'21$):7&+*&27,$UHVRXUFHV  Applicant: IDNR Project Number: Address: Contact:Scott Osborn 3720 S Dahlia St Denver, CO 80237 Alternate Number: Date: 26817300X Project: Address: Turning Point Energy KE106 1700 Cannonball Drive , Bristol Description:The proposed project includes the development of a 5-megawatt AC solar photovoltaic system on a single parcel of land located at 1700 Cannonball Trail, Bristol, IL 60512. The project includes land in the Residential 2 and 3 zoning districts. 07/05/2022 2300084Turning Point Energy Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database shows the following protected resources may be in the vicinity of the project location: Mottled Sculpin (Cottus bairdii) An IDNR staff member will evaluate this information and contact you to request additional information or to terminate consultation if adverse effects are unlikely. Location The applicant is responsible for the accuracy of the location submitted for the project. County:Kendall Township, Range, Section: 37N, 7E, 10 37N, 7E, 15 Government Jurisdiction IL Environmental Protection Agency Terri LeMasters 1020 North Grand Avenue East Springfield, Illinois 62794 -9276 IL Department of Natural Resources Contact Adam Rawe 217-785-5500 Division of Ecosystems & Environment Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, compliance with applicable statutes and regulations is required. Page 1 of 2 Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. 1. The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. Unauthorized use, tampering with or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials. Privacy EcoCAT generates a public record subject to disclosure under the Freedom of Information Act. Otherwise, IDNR uses the information submitted to EcoCAT solely for internal tracking purposes. Page 2 of 2 IDNR Project Number: 2300084 Denver, CO 80237 RE: Turning Point Energy KE106 Project Number(s): 2300084 [26817300X] County: Kendall Dear Applicant: Adam Rawe Division of Ecosystems and Environment 217-785-5500 July 05, 2022 Scott Osborn Turning Point Energy 3720 S Dahlia St This letter is in reference to the project you recently submitted for consultation. The natural resource review provided by EcoCAT identified protected resources that may be in the vicinity of the proposed action. The Department has evaluated this information and concluded that adverse effects are unlikely. Therefore, consultation under 17 Ill. Adm. Code Part 1075 is terminated. This consultation is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. The natural resource review reflects the information existing in the Illinois Natural Heritage Database at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, you must comply with the applicable statutes and regulations. Also, note that termination does not imply IDNR's authorization or endorsement of the proposed action. Please contact me if you have questions regarding this review. JB Pritzker, Governor Colleen Callahan, Director ATTACHMENT C Historic Resources                                      Project Site (VUL &DQDGD (VUL +(5( *DUPLQ *HR7HFKQRORJLHV ,QF 86*6 0(7, 1$6$(3$86'$ Project Site IHPD Cultural Resources Map    PL  NP  $UF*,6:HE$SS%XLOGHU Turning Point Energy (KE106) ,$66LWHV 6XUYH\V ,60&HPHWHULHV                Denver, CO 80237 RE: Turning Point Energy KE106 Project Number(s): 2300084 [26817300X] County: Kendall Dear Applicant: Adam Rawe Division of Ecosystems and Environment 217-785-5500 July 05, 2022 Scott Osborn Turning Point Energy 3720 S Dahlia St This letter is in reference to the project you recently submitted for consultation. The natural resource review provided by EcoCAT identified protected resources that may be in the vicinity of the proposed action. The Department has evaluated this information and concluded that adverse effects are unlikely. Therefore, consultation under 17 Ill. Adm. Code Part 1075 is terminated. This consultation is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. The natural resource review reflects the information existing in the Illinois Natural Heritage Database at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project’s implementation, you must comply with the applicable statutes and regulations. Also, note that termination does not imply IDNR's authorization or endorsement of the proposed action. Please contact me if you have questions regarding this review. JB Pritzker, Governor Colleen Callahan, Director Applicant: IDNR Project Number: Address: Contact:Scott Osborn 3720 S Dahlia St Denver, CO 80237 Alternate Number: Date: 26817300X Project: Address: Turning Point Energy KE106 1700 Cannonball Drive , Bristol Description:The proposed project includes the development of a 5-megawatt AC solar photovoltaic system on a single parcel of land located at 1700 Cannonball Trail, Bristol, IL 60512. The project includes land in the Residential 2 and 3 zoning districts. 07/05/2022 2300084Turning Point Energy Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database shows the following protected resources may be in the vicinity of the project location: Mottled Sculpin (Cottus bairdii) An IDNR staff member will evaluate this information and contact you to request additional information or to terminate consultation if adverse effects are unlikely. Location The applicant is responsible for the accuracy of the location submitted for the project. County:Kendall Township, Range, Section: 37N, 7E, 10 37N, 7E, 15 Government Jurisdiction IL Environmental Protection Agency Terri LeMasters 1020 North Grand Avenue East Springfield, Illinois 62794 -9276 IL Department of Natural Resources Contact Adam Rawe 217-785-5500 Division of Ecosystems & Environment Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project’s implementation, compliance with applicable statutes and regulations is required. Page 1 of 2 Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. 1. The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. Unauthorized use, tampering with or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials. Privacy EcoCAT generates a public record subject to disclosure under the Freedom of Information Act. Otherwise, IDNR uses the information submitted to EcoCAT solely for internal tracking purposes. Page 2 of 2 IDNR Project Number: 2300084                         !"  #$   %&''(%' ) % ' *  %+, ' ' -'$ % $ % '' ./01 ,  *&''1,'  &,  2 %"                ! 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RD£¤34 CO HW Y 1ASPE N LNEVERGREENLNK LATTSTELDAMAINRDDEAMES S T FAXON RD KRISTENSTC U M MINS ST FOLI ST TALLGRASS LNC O U N T R Y R D R E S E R V A T I O N R D OAK CREEKDRJETER RDBERG M A NSTJOHN ST JETTER RDJERICHO RD R A Y M O N D R DDUGAN RDPRAIRIE ST MCCANNON RDBEECHERRDA L A NDALELNE M E R A L D L N ERICA LN ¬«34 CO H W Y 20 ¬«47 EDWARDLNWKENDAL L D R W C O U N T R Y S I DE P KWY BLACKBERRY SHORE LN WHEATON AV E ¬«47 SUMACDRCENTERPKWYBLUEST E M D R WESTERN LN NROYALOAKSDRMARKETVIEWDRE VETER A NS PK WY JOHH ST BOOMERLNFAXONRDKIN G M O O R L NNBRIDGESTIROQUOIS LNCANNONBALL TRLEKENDALLDR KENN E D Y R D HIGH RIDGE RDLILLIANLNHAYDEN D R FAIRHAVEN DR ISABEL DRRYAN DRBRISTOL RIDGE RD ¬«34 AUTUMNCRE E K B L VDW VETERAN S P K W YCANNONBALL TRLWINDINGCREEKRDMCLELLANBLVDCRYDERWAYALDENAVEW RICKARD DRRICKARD DRB E R RY WO OD LN P A R KW A Y D R HILLT O P R D GRANDE T R LOLDGLORYDR SQUIR ECIRANNA MARIE LN AUDREY AVEMATLOCKDRE L L SWORTHDRSCHMIDT LNFIELDS DRMADELINE DRMINKLER RDL Y MA NL OOPSUNDOWN LNJUSTICE DRFREEMONTSTCONOVER LN WHITEOAKWAYRIV E R SID E D ROMAHADR SBRIDGESTQUINSEY LN E PARK ST POPLAR DRHEARTLANDDR TAUS CIRHIDE A W A Y L NSPRINGST STATE ST¬«126 E ORANGE STHEUSTIS STGAMEFARMRDTUM A R D E VAN EMMON ST E SPRING ST KELLYAVEARROWH E A D D R ¬«71LIBERTY STE MAIN ST MILL STCROOKEDCREEKDRMORGANSTWI NDHAMCI R¬«47 E S C H O O L H O U S E R D WALSH DRWBARBE R RY CIR WALNUT ST N C ARLYCIR VAN EMMO N R D NORWAY C I R WACKERDRMCHUGH RDBENJAMINSTW FOX S T QUINSEYRD JACKSON ST HO MES TEAD DR S MAIN ST.(1'$//&2 .$1(&2 .$1(&2 .(1'$//&2 Jericho Lake Diversion Aurora Chain of Lakes Blackbe r r y C r B la ckberryCrBigRockCreek Fox Ri v e r RobRoyCrBlackberryCreek Blackberry C r Fox RiverFox River5RE5R\&UF o x R i v e r Morg a n C r Kendall County Courthouse Jericho Cem Doud Cem Keck Memorial Cem Cowdrey Cem Elmwood Cem Saint Patricks Cem Oak Grove Cem Bristol SUGAR GROVE OSWEGO Big Rock PLANO AURORA YORKVILLE MONTGOMERY 11 12 13 14 15 16 17 18 19 20 21 22 10 4623000mN 11 12 13 14 15 16 17 18 19 20 21 4610000mN 22 77 78 79 80 81 82 83 8476 385000mE 77 78 79 80 81 82 83 84 376000mE 85 41.6250° 41.7500° -88.5000°-88.3750° 41.7500° 41.6250°-88.3750°-88.5000° 19 27 36 3 21 6 33 1 30 33 34 17 10 26 26 32 29 20 6 23 1 22 3 5 13 12 29 25 31 9 1 24 11 30 25 8 35 4 2 28 4 34 25 32 18 16 15 27 25 5 35 7 31 14 36 2 28 1 13 36 36 24 12 QUADRANGLE LOCATION YORKVILLE QUADRANGLE ILLINOIS 7.5-MINUTE SERIES U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY × Ø GN MN 0°57´ 17 MILS 3°16´ 58 MILS UTM GRID AND 2019 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET &0 *ULG=RQH'HVLJQDWLRQ 7 U.S. National Grid P6TXDUH,' ILLINOIS 1 Big Rock 8 Yorkville SE 2 Sugar Grove 3 Aurora North 4 Plano 5 Aurora South 6 Newark 7 Plattville ADJOINING QUADRANGLES 3 87 1 54 6 2 Imagery.....................................................NAIP, August 2019 - August 2019 Roads......................................... U.S. Census Bureau, 2017 Names............................................................................GNIS, 1980 - 2021 Hydrography...............................National Hydrography Dataset, 2003 - 2018 Contours............................................National Elevation Dataset, 2019 Boundaries..............Multiple sources; see metadata file 2018 - 2019 Public Land Survey System................................................BLM, 2020 Wetlands.................FWS National Wetlands Inventory Not Available North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid:Universal Transverse Mercator, Zone 16T Produced by the United States Geological Survey This map is not a legal document. Boundaries may be generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands. This map was produced to conform with the National Geospatial Program US Topo Product Standard. CONTOUR INTERVAL 10 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 SCALE 1:24 000 1000 500 0 METERS 1000 2000 21KILOMETERS00.51 10.50 MILES 1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET YORKVILLE, IL 2021 Expressway Local Connector ROAD CLASSIFICATION Ramp 4WD Secondary Hwy Local Road Interstate Route State RouteUS RouteWX./*7643016365942*NSN.7643016365942NGA REF NO.USGSX24K50144PROJECT AREA $(5,$/0$3 176 &DQQRQEDOO7UDLO%ULVWRO,/6+((7180%(52)‹1257+ +$5*,60$3 176 &DQQRQEDOO7UDLO%ULVWRO,/6+((7180%(52)‹1257+                   Petitioner: ______________________________________Contact Person:_____________________________________ Address: ________________________________________ __________________________________________________ City, State, Zip: __________________________________ __________________________________________________ Phone Number: ( ) ______ ( ) _______________________ Email: __________________________________________ __________________________________________________ Please select: How would you like to receive a copy of the NRI Report? Email Mail Site Location & Proposed Use Township Name __________________________________ Township _______ N, Range ________ E, Section(s) ___________ Parcel Index Number(s) ___________________________________________________________________________________ Project or Subdivision Name ___________________________________________ Number of Acres _____________________ Current Use of Site________________________________ Proposed Use __________________________________________ Proposed Number of Lots __________________________ Proposed Number of Structures ____________________________ Proposed Water Supply ____________________________ Proposed type of Wastewater Treatment ____________________ Proposed type of Storm Water Management _________________________________________________________________ Type of Request ‰Change in Zoning from ___________________ to ___________________ ‰Variance (Please describe fully on separate page) ‰Special Use Permit (Please describe fully on separate page) Name of County or Municipality the request is being filed with: _________________________________________________ In addition to this completed application form, please including the following to ensure proper processing: ‰Plat of Survey/Site Plan – showing location, legal description and property measurements ‰Concept Plan - showing the locations of proposed lots, buildings, roads, stormwater detention, open areas, etc. ‰If available: topography map, field tile map, copy of soil boring and/or wetland studies ‰NRI fee (Please make checks payable to Kendall County SWCD) The NRI fees, as of July 1, 2010, are as follows: Full Report: $375.00 for five acres and under, plus $18.00 per acre for each additional acre or any fraction thereof over five. Executive Summary Report: $300.00 (KCSWCD staff will determine when a summary or full report will be necessary.) Fee for first five acres and under $ 375.00_ ______ Additional Acres at $18.00 each $__________ Total NRI Fee $__________ NOTE:Applications are due by the 1st of each month to be on that month’s SWCD Board Meeting Agenda. Once a completed application is submitted, please allow 30 days for inspection, evaluation and processing of this report. I (We) understand the filing of this application allows the authorized representative of the Kendall County Soil and Water Conservation District (SWCD) to visit and conduct an evaluation of the site described above. The completed NRI report expiration date will be 3 years after the date reported. _______________________________________________ __________________ Petitioner or Authorized Agent Date This report will be issued on a nondiscriminatory basis without regard to race, color, religion, national origin, age, sex, handicap or marital status. 7775A Route 47, Yorkville, Illinois 60560 භ (630)553-5821 extension 3 www.kendallswcd.org NATURAL RESOURCE INFORMATION (NRI) REPORT APPLICATION FOR OFFICE USE ONLY NRI#________ Date initially rec’d ____________ Date all rec’d ____________ Board Meeting ________________________ Fee Due $___________ Fee Paid $ ___________ Check #_______ Over/Under Payment __________Refund Due_________ CD) to visit and conducut an eval years s 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____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ PePetitiiiitttttttittttttttittttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttononerer oorr AuAuthttttthtttoroizizeded AAggentt Jason Cooper Scott Osborn 3720 S Dahlia St Denver, CO 80237 630 487 3449 Jason-Cooper@kimley-horn.com sosborn@tpoint-e.com 37 7 15 PUD (R-2, R-3) Special Use City of Yorkville 570 Lake Cook Rd, Suite 200 Deerfield, IL 60015 303-618-9570 Yorkville Agricultural Land Freestanding Solar Energy System 1 02-10-300-017 TPE IL KE106, LLC 41.84 666.0037 1041.00 BMP 1 N/A N/A July 28, 2022 CANNONBALL TRAIL(70' WIDE ROW)TPE IL KE106, LLC©EX-1ZONING SITEPLANVICINITY MAPSCALE 1" = 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U.S. Census Bureau, 2017 Names............................................................................GNIS, 1980 - 2021 Hydrography...............................National Hydrography Dataset, 2003 - 2018 Contours............................................National Elevation Dataset, 2019 Boundaries..............Multiple sources; see metadata file 2018 - 2019 Public Land Survey System................................................BLM, 2020 Wetlands.................FWS National Wetlands Inventory Not Available North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid:Universal Transverse Mercator, Zone 16T Produced by the United States Geological Survey This map is not a legal document. Boundaries may be generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands. This map was produced to conform with the National Geospatial Program US Topo Product Standard. CONTOUR INTERVAL 10 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 SCALE 1:24 000 1000 500 0 METERS 1000 2000 21KILOMETERS00.51 10.50 MILES 1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET YORKVILLE, IL 2021 Expressway Local Connector ROAD CLASSIFICATION Ramp 4WD Secondary Hwy Local Road Interstate Route State RouteUS RouteWX./*7643016365942*NSN.7643016365942NGA REF NO.USGSX24K50144PROJECT AREA NATURAL RESOURCE INFORMATION (NRI) EXECUTIVE SUMMARY REPORT: #2212 Aug. 2022 Petitioner: TPE IL KE106, LLC Contact: TPE IL KE106, LLC Prepared By: 7775A Route 47 Yorkville, Illinois 60560 Phone: (630) 553-5821 x3 Fax: (630) 553-7442 www.kendallswcd.org NRI 2212 August 2022 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 3 NATURAL RESOURCE CONSIDERATIONS ................................................................................................... 2 SOIL INFORMATION .............................................................................................................................. 2 SOIL LIMITATIONS ................................................................................................................................. 5 KENDALL COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) .............................................. 10 WETLANDS .......................................................................................................................................... 11 FLOODPLAIN ........................................................................................................................................ 12 SEDIMENT AND EROSION CONTROL ................................................................................................... 12 LAND USE FINDINGS................................................................................................................................ 13 LIST OF FIGURES FIGURE 1: Soil Map ………………………………..……………………..……………………………………………………..………………… 2 FIGURE 2: Soil Limitations …………..……………………………………………………….…………………………………………………. 5 FIGURE 3A-3C: Maps of Building Limitations ……………………………………………..…………………….………..……….. 7-9 FIGURE 4: Wetland Map – USFWS National Wetland Inventory …………………………………..…..….……….………. 11 FIGURE 5: FEMA Floodplain Map …………………………………………………………………………..……………………………… 12 LIST OF TABLES TABLE 1: Soils Information ……………………………………………………………….…………………………………………………….. 2 TABLE 2: Water Features …………………………………..…………………………………………….………………………...………….. 3 TABLE 3: Building Limitations ………………………………………………………………………………………………..……………….. 6 TABLE 4: Land Evaluation Computation ……………………………………………………..……………….…..…………..………. 10 NRI 2212 August 2022 1 EXECUTIVE SUMMARY Natural Resource Information Report Number #2212 Petitioner TPE IL KE106, LLC Contact Person TPE IL KE106, LLC County or Municipality the Petition is Filed With City of Yorkville Location of Parcel SE & SW ¼ of Section 10, Township 37 North, Range 7 East (Bristol Township) of the 3rd Principal Meridian Project or Subdivision Name TPE IL KE106, LLC Solar Development Existing Zoning & Land Use R-2, R-3 PUD Residential Planned Unit Development; Agricultural field Proposed Zoning & Land Use R-2, R-3 PUD Residential Planned Unit Development Special Use; Freestanding Solar Energy System Proposed Water Source N/A Proposed Type of Sewage Disposal System N/A Proposed Type of Storm Water Management Specifics not provided Size of Site (+/-) 41.84 Land Evaluation Site Assessment Score Land Evaluation: 93; Site Assessment: N/A NRI 2212 August 2022 2 NATURAL RESOURCE CONSIDERATIONS Figure 1: Soil Map SOIL INFORMATION Based on information from the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) 2008 Kendall County Soil Survey, this parcel is shown to contain the following soil types (please note this does not replace the need for or results of onsite soil testing; if completed, please refer to onsite soil test results for planning/engineering purposes): Table 1: Soils Information Map Unit Soil Name Drainage Class Hydrologic Group Hydric Designation Farmland Designation 149A Brenton silt loam, 0-2% slopes Somewhat Poorly Drained B/D Non-Hydric, Hydric Inclusions Likely Prime Farmland 206A Thorp silt loam, 0-2% slopes Poorly Drained C/D Hydric Prime Farmland if Drained 325A Dresden silt loam, 0-2% slopes Well Drained B Non-Hydric Prime Farmland 325B Dresden silt loam, 2-4% slopes Well Drained B Non-Hydric Prime Farmland 369A Waupecan silt loam, 0-2% slopes Well Drained B Non-Hydric Prime Farmland NRI 2212 August 2022 3 Hydrologic Soil Groups – Soils have been classified into four (A, B, C, D) hydrologic groups based on runoff characteristics due to rainfall. If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D), the first letter is for drained areas and the second letter is for undrained areas.  Hydrologic group A: Soils have a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission.  Hydrologic group B: Soils have a moderate infiltration rate when thoroughly wet, consist chiefly of moderately deep to deep, moderately well drained to well drained soils that have a moderately fine to moderately coarse texture. These soils have a moderate rate of water transmission.  Hydrologic group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission.  Hydrologic group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Hydric Soils – A hydric soil is one that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile that supports the growth or regeneration of hydrophytic vegetation. Soils with hydric inclusions have map units dominantly made up of non-hydric soils that may have inclusions of hydric soils in the lower positions on the landscape. Of the soils found onsite, one is classified as hydric soil (206A Thorp silt loam), three are classified as non-hydric soil (325A & 325B Dresden silt loam and 369A Waupecan silt loam), and one is classified as non-hydric soil with hydric inclusions likely (149A Brenton silt loam). Prime Farmland – Prime farmland is land that has the best combination of physical and chemical characteristics for agricultural production. Prime farmland soils are an important resource to Kendall County and some of the most productive soils in the United States occur locally. Of the soils found onsite, four are designated as prime farmland (149A Brenton silt loam, 325A & 325B Dresden silt loam, and 369A Waupecan silt loam) and one is designated as prime farmland if drained (206A Thorp silt loam). Soil Water Features – Table 2, below, gives estimates of various soil water features that should be taken into consideration when reviewing engineering for a land use project. Table 2: Water Features Map Unit Hydrologic Group Surface Runoff Water Table Ponding Flooding 149A B/D Low January - May Upper Limit: 1.0’-2.0’ Lower Limit: 6.0’ June – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None NRI 2212 August 2022 4 Map Unit Hydrologic Group Surface Runoff Water Table Ponding Flooding 206A C/D Negligible January - May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ June – December Upper Limit: -- Lower Limit: -- January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2 to 7 days) Frequency: Frequent June – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 325A B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: -- January – December Duration: -- Frequency: None 325B B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: None January – December Duration: -- Frequency: None 369A B Low January – December Upper Limit: -- Lower Limit: -- January – December Surface Water Depth: -- Duration: -- Frequency: None January – December Duration: -- Frequency: None Surface Runoff – Refers to the loss of water from an area by flow over the land surface. Surface runoff classes are based upon slope, climate and vegetative cover and indicates relative runoff for very specific conditions (it is assumed that the surface of the soil is bare and that the retention of surface water resulting from irregularities in the ground surface is minimal). The surface runoff classes are identified as: negligible, very low, low, medium, high, and very high. Months – The portion of the year in which a water table, ponding, and/or flooding is most likely to be a concern. Water Table – Water table refers to a saturated zone in the soil and the data indicates, by month, depth to the top (upper limit) and base (lower limit) of the saturated zone in most years. These estimates are based upon observations of the water table at selected sites and on evidence of a saturated zone (grayish colors or mottles (redoximorphic features)) in the soil. Note: A saturated zone that lasts for less than a month is not considered a water table. Ponding – Ponding is standing water in a closed depression. Unless a drainage system is installed, the water is removed only by percolation, transpiration, or evaporation. Duration is expressed as very brief (less than 2 days), brief (2 to 7 days), long (7 to 30 days), very long (more than 30 days). Frequency is expressed as none (ponding is not probable), rare (unlikely but possible under unusual weather conditions), occasional (occurs, on average, once or less in 2 years) and frequent (occurs, on average, more than once in 2 years). NRI 2212 August 2022 5 Flooding – Temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, and water standing in swamps and marshes is considered ponding rather than flooding. Duration is expressed as brief (2 to 7 days)and frequent meaningthat it is likely to occur often under normal weather conditions. SOIL LIMITATIONS According to the USDA-NRCS, soil properties influence the development of sites, including the selection of the site, the design of the structure, construction, performance after construction and maintenance. This report gives ratings for proposed uses in terms of limitations and restrictive features. The tables list only the most restrictive features. Ratings are based on the soil in an undisturbed state, that is, no unusual modification occurs other than that which is considered normal practice for the rated use. Even though soils may have limitations, an engineer may alter soil features or adjust building plans for a structure to compensate for most degrees of limitations. The final decision in selecting a site for a particular use generally involves weighing the costs for site preparation and maintenance. Not Limited: Indicates that the soil has features that are very favorable for the specified use; good performance and low maintenance can be expected. Somewhat Limited: Indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation; fair performance and moderate maintenance can be expected. Very Limited: Indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures; poor performance and high maintenance can be expected. Limitations are listed below for solar arrays (soil-based and ballast anchor systems), shallow excavations, lawns/landscaping, and local roads & streets. Please note this information is based on soils in an undisturbed state as compiled for the USDA-NRCS 2008 Soil Survey of Kendall County, IL and the Kendall County Subdivision Control Ordinance; this does not replace the need for site specific soil testing or results of onsite soil testing. Figure 2: Soil Limitations 0 20 40 60 80 100 Solar Arrays, Soil- Based Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns & Landscaping Local Roads & Streets % OF SOIL TYPE OF IMPROVEMENT SOIL LIMITATIONS Not Limited Somewhat Limited Very Limited NRI 2212 August 2022 6 Table 3: Building Limitations Soil Type Solar Arrays, Soil-Based Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns & Landscaping Local Roads & Streets Acres % 149A Very Limited: Frost action Low strength Steel corrosion Depth to saturated zone Hillslope position Very Limited: Frost action Low strength Depth to saturated zone Hillslope position Very Limited: Depth to saturated zone Dusty Unstable excavation walls Somewhat Limited: Depth to saturated zone Dusty Very Limited: Frost action Low strength Depth to saturated zone Shrink-swell 12.7 30.3% 206A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Very Limited: Ponding Depth to saturated zone Dusty Very Limited: Ponding Depth to saturated zone Frost action Low strength Shrink-swell 0.8 1.9% 325A Somewhat Limited: Steel corrosion Frost action Hillslope position Shrink-swell Low strength Somewhat Limited: Frost action Hillslope position Low strength Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Somewhat Limited: Frost action Shrink-swell Low strength 2.3 5.6% 325B Somewhat Limited: Steel corrosion Frost action Hillslope position Slope shape across Shrink-swell Somewhat Limited: Frost action Hillslope position Slope shape across Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Somewhat Limited: Frost action Shrink-swell 4.8 11.6% 369A Very Limited: Frost action Low strength Steel corrosion Hillslope position Shrink-swell Very Limited: Frost action Low strength Hillslope position Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty Very Limited: Frost action Low strength Shrink-swell 21.1 50.5% % Very Limited 82.7% 82.7% 32.2% 1.9% 82.7% NRI 2212 August 2022 7 NRI Report 2212 Map of Building Limitations: Solar Arrays (Soil-Based & Ballast Anchor Systems) and Local Roads & Streets (Paved & Unpaved) Natural Resources Conservation Service Web Soil Survey Location: SE & SW ¼ Sec. 10, T.37N-R.7E (Bristol Township) Legend Figure 3A: Map of Building Limitations – Solar Arrays (Soil-Based & Ballast Anchor Systems) and Lawns & Landscaping NRI 2212 August 2022 8 NRI Report 2212 Map of Building Limitations: Shallow Excavations Natural Resources Conservation Service Web Soil Survey Location: SE & SW ¼ Sec. 10, T.37N-R.7E (Bristol Township) Legend Figure 3B: Map of Building Limitations – Shallow Excavations NRI 2212 August 2022 9 NRI Report 2212 Map of Building Limitations: Lawns/Landscaping Natural Resources Conservation Service Web Soil Survey Location: SE & SW ¼ Sec. 10, T.37N-R.7E (Bristol Township) Legend Figure 3C: Map of Building Limitations – Lawns/Landscaping NRI 2212 August 2022 10 KENDALL COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes:  Land Evaluation (LE): The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100 and all other groups are assigned lower values. The Land Evaluation value accounts for 1/3 of the total score and is based on data from the Kendall County Soil Survey. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system.  Site Assessment (SA): The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The Site Assessment value is based on a 200-point scale and accounts for 2/3 of the total score. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel. Table 4: Land Evaluation Computation Soil Type Value Group Relative Value Acres Product (Relative Value x Acres) 149A 1 100 12.7 1,270.0 206A 3 87 0.8 69.6 325A 4 79 2.3 181.7 325B 4 79 4.8 379.2 369A 2 94 21.1 1,983.4 Totals 41.8 3,883.9 LE Calculation (Product of relative value / Total Acres) 3,883.9 / 41.8 = 92.9 LE Score LE = 93 The Land Evaluation score for this site is 93, indicating that this site is currently designated as land that is well suited for agricultural uses considering the Land Evaluation score is above 80. The full LESA Score is unavailable for the proposed project site since it is within municipal planning boundaries. However, the Land Evaluation score for this site is 93, indicating that the site is well suited for agricultural uses. Note: Selecting the project site with the lowest total points will generally protect the best farmland located in the most viable areas and maintain and promote the agricultural industry in Kendall County. If the project is agricultural in nature, however, a higher score may provide an indication of the suitability of the project as it relates to the compatibility with existing agricultural land use. NRI 2212 August 2022 11 WETLANDS The U.S. Fish & Wildlife Service’s National Wetland Inventory map indicates that mapped wetlands/waters are not present on the proposed project site. To determine if a wetland is present, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. Figure 4: Wetland Map – USFWS National Wetland Inventory NRI 2212 August 2022 12 FLOODPLAIN The Federal Emergency Management Agency’s (FEMA) Digital Flood Insurance Rate Map (DFIRM) for Kendall County, Community Panel No. 17093C0035H (effective date January 8, 2014) was reviewed to determine the presence of floodplain and floodway areas within the project site. According to the map, the parcel is located outside of the 100-year floodplain. It is mapped as Zone X, an area of minimal flood hazard. Figure 5: FEMA Floodplain Map SEDIMENT AND EROSION CONTROL Development on this site should include an erosion and sediment control plan in accordance with local, state, and federal regulations. Soil erosion on construction sites is a resource concern because suspended sediment from areas undergoing development is a primary nonpoint source of water pollution. 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Dahlia St. Denver, CO 80237 Dear Petitioner, The Kendall County Soil & Water Conservation District (SWCD) completed a Natural Resource Information (NRI) Executive Summary Report #2212 for a Special Use Permit request with the City of Yorkville, IL to construct a freestanding solar energy system. The proposed solar facility is located on one parcel (Parcel Index Number 02-10-300-017) in the SE and SW ¼ of Section 10, Township 37N, and Range 7E of Bristol Township in Kendall County, IL. This project (TPE IL KE106) was submitted for review in conjunction with solar project TPE IL KE105, which is located on a nearby parcel to the south (Parcel Index Number 02-15-126-004). Both projects were reviewed by Kendall County SWCD. A full NRI report was prepared for project TPE IL KE105 (NRI Report #2211). Since much of the soils and natural resources information for this project were similar to project TPE IL KE105, it was determined that an Executive Summary Report was appropriate. Please reference NRI Report #2211 for additional natural resources information. Copies of NRI Executive Summary Report #2212 have been provided to the City of Yorkville’s Zoning Department and Bristol Township. Attachedplease find a copy of the NRI Executive Summary Report and payment receipt for $1,041.00. We received your payment by mail. The fee for an Executive Summary Report is $300.00. As a result, a refund payment of $741.00 has been mailed to you at the address provided. If you have any questions, please contact our office at (630) 553-5821 extension 3 or email Alyse.Olson@il.nacdnet.net. Sincerely, Alyse Olson Resource Conservationist Enclosures 7775A Route 47, Yorkville, Illinois 60560 භ (630)553-5821 extension 3 www.kendallswcd.org Alyse Olson NRI Receipt Date 8/8/2022 NRI No. 2212 Applicant 73(,/.(//& 6'DKOLD6WUHHW 'HQYHU&2 Contact 73(,/.(//& $WWQ6FRWW2VERUQ 3720 S Dahlia Street Denver, CO 80237 Kendall County Soil & Water Conservation District Check No. 487 Payment Method Check Total 7775A Route 47 Yorkville, IL 60560 Phone: 630.553.5821 ext.3 Fax: 630.553.7442 alyse.olson@il.nacdnet.net Item Project Name Acres Additional Acres Rate Amount NRI Executive Summary NRI Executive Summary Fee TPE IL KE106, LLC (Executive Summary Report Only; Full Fee Paid, Refund Due $741) 300.00 300.00 $300.00                   Up to 6% Using TrueCapture Smart Control System Best-in Class Software Ecosystem and Global Services 35 GW Delivered on 5 Continents 5 years in a row Global Market Share Leader (2015-18) Features and ʵ˘ˡ˘Ё˧˦ Flexible and Resilient by Design With its self-aligning module rails and vibration-proof fasteners, NX Horizon can be easily and rapidly installed. The self-powered, decentralized architecture allows each row to be commissioned in advance of site power, and is designed to withstand high winds and other adverse weather conditions. On a recent 838 megawatt project in Villanueva, Mexico, these design features allowed for the project to go online nine months ahead of schedule. TrueCapture and Bifacial Enabled Incorporating the most promising innovations in utility scale solar, NX Horizon with TrueCapture™ smart control system can add additional energy production by up to six percent. Further unlocking the advantages of independent-row architecture and the data collected from thousands of sensors across its built-in wireless network, the software continuously optimizes the tracking algorithm of each row in response to site terrain and changing weather conditions. NX Horizon can also be paired with bifacial PV module technology, which can provide even more energy harvest and performance. With bifacial technology, NX Horizon outperforms conventional tracking systems with over 1% more annual energy. Quality and Reliability from Day One Quality and reliability are designed and tested into every NX Horizon component and system across our supply chain and manufacturing operations. Nextracker is the leader in dynamic wind analysis and safety ˦˧ˢ˪˜ˡ˚ʟ˗˘˟˜˩˘˥˜ˡ˚ˠ˔˝ˢ˥˕˘ˡ˘Ё˧˦˜ˡ˨ˣ˧˜ˠ˘˔ˡ˗˟ˢˡ˚ʠ˧˘˥ˠ˗˨˥˔˕˜˟˜˧ˬ ˁˋʻˢ˥˜˭ˢˡ˜˦˖˘˥˧˜Ё˘˗˧ˢˈʿʥʪʣʦ˔ˡ˗ˈʿʦʪʣʦ˦˧˔ˡ˗˔˥˗˦ʟ˨ˡ˗˘˥˦˖ˢ˥˜ˡ˚ Nextracker’s commitment to safety, reliability and quality. Serving as the backbone on over 35 gigawatts of solar power plants around the world, the NX Horizon™ smart solar tracker system combines best-in-class hardware and software to help EPCs and asset owners maximize performance and minimize operational costs. NX Horizon Smart Solar Tracking System nextracker.com INSTALLATION, OPERATIONS AND SERVICE PE stamped structural calculations and drawings Included Onsite training and system commissioning Included Installation requirements Simple assembly using swaged fasteners ˔ˡ˗˕ˢ˟˧˘˗˖ˢˡˡ˘˖˧˜ˢˡ˦ʡˁˢЁ˘˟˗˖˨˧˧˜ˡ˚ʟ drilling or welding. Monitoring NX Data Hub™ centralized data aggregation and monitoring Module cleaning compatibility ʶˢˠˣ˔˧˜˕˟˘˪˜˧˛ˁˋˤ˨˔˟˜Ё˘˗ cleaning systems Warranty 10-year structural, 5-year drive and control components. Codes and standards ˈʿʦʪʣʦʢˈʿʥʪʣʦʢʼʸʶʩʥʫʤʪ ELECTRONICS AND CONTROLS Solar tracking method Astronomical algorithm with backtracking. TrueCapture™ upgrades available for terrain adaptive backtracking and diffuse tracking mode Control electronics NX tracker controller with inbuilt inclinometer and backup battery Communications Zigbee wireless communications to all tracker rows and weather stations via network control units (NCUs) Nighttime stow Yes Power supply SELF POWERED: ˁˋˣ˥ˢ˩˜˗˘˗ʦʣˢ˥ʩʣˊ Smart Panel AC POWERED: Customer-provided 120-240 VAC circut GENERAL AND MECHANICAL Tracking type Horizontal single-axis, independent row. String voltage 1,500 VDC or 1,000 VDC Typical row size ʪʫʠʬʣˠˢ˗˨˟˘˦ʟ˗˘ˣ˘ˡ˗˜ˡ˚ˢˡˠˢ˗˨˟˘ string length. Drive type Non-backdriving, high accuracy slew gear. Motor type 24 V brushless DC motor Array height Rotation axis elevation ʤʡʦ˧ˢʤʡʫˠʢʧʚʦʕ˧ˢʨʚʤʣʕ Ground coverage ratio (GCR)ʶˢˡЁ˚˨˥˔˕˟˘ʡˇˬˣ˜˖˔˟˥˔ˡ˚˘ʥʫʠʨʣʘʡ Modules supported Mounting options available for virtually all utility-scale crystalline modules, First Solar ˆ˘˥˜˘˦ʩ˔ˡ˗ʹ˜˥˦˧ˆˢ˟˔˥ˆ˘˥˜˘˦ʧʡ Bifacial features High-rise mounting rails, bearing + driveline gaps and round torque tube. Tracking range of motion ˂ˣ˧˜ˢˡ˦˙ˢ˥̃ʩʣ̂ˢ˥̃ʨʣ̂ Operating temperature range SELF POWERED:ʠʦʣ̂ʶ˧ˢʨʨ̂ʶʛʠʥʥ̂ʹ˧ˢʤʦʤ̂ʹʜ AC POWERED:ʠʧʣ̂ʶ˧ˢʨʨ̂ʶʛʠʧʣ̂ʹ˧ˢʤʦʤ̂ʹʜ ˀˢ˗˨˟˘˖ˢˡЁ˚˨˥˔˧˜ˢˡ 1 in portrait. 3 x 1,500 V or 4 x 1,000 V strings per standard tracker. Partial length trackers available. Module attachment Self-grounding, electric tool-actuated fasteners. Materials Galvanized steel Allowable wind speed ʶˢˡЁ˚˨˥˔˕˟˘˨ˣ˧ˢʥʥʨ˞ˣ˛ʛʤʧʣˠˣ˛ʜ 3-second gust Wind protection Intelligent wind stowing with symmetric dampers for maximum array stability in all wind conditions Foundations ˆ˧˔ˡ˗˔˥˗ˊʩ˦˘˖˧˜ˢˡ˙ˢ˨ˡ˗˔˧˜ˢˡˣˢ˦˧˦ © Nextracker Inc. Contents subject to change without notice. 6200 Paseo Padre Parkway | Fremont, CA 94555 | USA | +1 510 270 2500 | nextracker.com Nextracker NX Horizon MKT-000060-C Technical Data 100/125kW, 1500Vdc String Inverters for North America The 100 & 125kW high power CPS three phase string inverters are designed for ground mount applications. The units are high performance, advanced and reliable inverters designed specifically for the North American environment and grid. High efficiency at 99.1% peak and 98.5% CEC, wide operating voltages, broad temperature ranges and a NEMA Type 4X enclosure enable this inverter platform to operate at high performance across many applications. The CPS 100/125kW products ship with the Standard or Centralized Wire-box, each fully integrated and separable with AC and DC disconnect switches. The Standard Wire-box includes touch safe fusing for up to 20 strings. The CPS FlexOM Gateway enables communication, controls and remote product upgrades. NFPA 70, NEC 2014 and 2017 compliant Touch safe DC Fuse holders adds convenience and safety CPS FlexOM Gateway enables remote FW upgrades Integrated AC & DC disconnect switches 1 MPPT with 20 fused inputs for maximum flexibility Copper and Aluminum compatible AC connections Key Features Datasheet CPS SCH100/125KTL-DO/US-600 100/125KTL Centralized Wire-box CHINT POWER SYSTEMS AMERICA 2021/10-MKT NA Chint Power Systems America 6800 Koll Center Parkway, Suite 235 Pleasanton, CA 94566 Tel: 855-584-7168 Mail: AmericaSales@chintpower.com Web: www.chintpowersystems.com NEMA Type 4X outdoor rated, tough tested enclosure Advanced Smart-Grid features (CA Rule 21 certified) kVA Headroom yields 100kW @ 0.9PF and 125kW @ 0.95PF Generous 1.87 and 1.5 DC/AC Inverter Load Ratios Separable wire-box design for fast service Standard 5 year warranty with extensions to 20 years 100/125KTL Standard Wire-box Technical Data Model Name CPS SCH100KTL-DO/US-600 CPS SCH125KTL-DO/US-600 Max. PV Power Max. DC Input Voltage Operating DC Input Voltage Range Start-up DC Input Voltage / Power Number of MPP Trackers MPPT Voltage Range1 Max. PV Input Current (Isc x1.25) Number of DC Inputs DC Disconnection Type DC Surge Protection Rated AC Output Power 100kW 125kW Max. AC Output Power2 100kVA (111KVA @ PF>0.9) 125kVA (132KVA @ PF>0.95) Rated Output Voltage Output Voltage Range3 Grid Connection Type4 Max. AC Output Current @600Vac 96.2/106.8A 120.3/127.0A Rated Output Frequency Output Frequency Range3 Power Factor >0.99 (±0.8 adjustable) >0.99 (±0.8 adjustable) Current THD Max. Fault Current Contribution (1-cycle RMS) Max. OCPD Rating AC Disconnection Type AC Surge Protection Topology Max. Efficiency CEC Efficiency Stand-by / Night Consumption Enclosure Protection Degree Cooling Method Operating Temperature Range Non-Operating Temperature Range5 Operating Humidity Operating Altitude Audible Noise User Interface and Display Inverter Monitoring Site Level Monitoring Modbus Data Mapping Remote Diagnostics / FW Upgrade Functions Dimensions (WxHxD) Weight Mounting / Installation Angle AC Termination DC Termination Fused String Inputs Safety and EMC Standard Selectable Grid Standard Smart-Grid Features Standard6 Extended Terms 1) See user manual for further information regarding MPPT Voltage Range when operating at non-unity PF 2) "Max. AC Apparent Power" rating valid within MPPT voltage range and temperature range of -30°C to +40°C (-22°F to +104°F) for 100KW PF >0.9 and 125KW PF >0.95 3) The "Output Voltage Range" and "Output Frequency Range" may differ according to the specific grid standard. 4) Wye neutral-grounded, Delta may not be corner-grounded. 5) See user manual for further requirements regarding non-operating conditions. 6) 5 year warranty effective for units purchased after October 1st, 2019. 187.5kW 275A UL1741-SA-2016, CSA-C22.2 NO.107.1-01, IEEE1547a-2014; FCC PART15 Warranty 45.28x24.25x9.84in (1150x616x250mm) with Standard Wire-box 39.37x24.25x9.84in (1000x616x250mm) with Centralized Wire-box Inverter: 121lbs / 55kg; Wire-box: 55lbs / 25kg (Standard Wire-box); 33lbs / 15kg (Centralized Wire-box) Screw Clamp Fuse Holder (Wire range: #12 - #6AWG CU) - Standard Wire-box Busbar, M10 Bolts (Wire range: #1AWG - 500kcmil CU/AL [1 termination per pole], #1AWG - 300kcmil CU/AL [2 terminations per pole], Lugs not supplied) - Centralized Wire-box 20A fuses provided (Fuse values up to 30A acceptable) Display and Communication Mechanical M10 Stud Type Terminal [3ĭ] (Wire range:1/0AWG - 500kcmil CU/AL, Lugs not supplied) Screw Clamp Terminal Block [N] (#12 - 1/0AWG CU/AL) -40°F to +158°F / -40°C to +70°C maximum <3% Load-rated AC switch Transformerless 99.1% Load-rated DC switch Type II MOV (with indicator/remote signaling), Up=2.5kV, In=20kA (8/20uS) 10, 15 and 20 years 5 years Safety IEEE 1547a-2014, CA Rule 21, ISO-NE Volt-RideThru, Freq-RideThru, Ramp-Rate, Specified-PF, Volt-VAr, Freq-Watt, Volt-Watt -22°F to +140°F / -30°C to +60°C (derating from +108°F / +42°C) AC Output System Environment <4W 60Hz 57-63Hz Type II MOV (with indicator/remote signaling), Up=2.5kV, In=20kA (8/20uS) 600Vac 528-660Vac 3ĭ / PE / N (Neutral optional) 98.5% NEMA Type 4X Variable speed cooling fans 41.47A 200A 20 PV source circuits, pos. & neg. fused (Standard Wire-box) 1 PV output circuit, 1-2 terminations per pole, non-fused (Centralized Wire-box) DC Input 15 - 90 degrees from horizontal (vertical or angled) 1500V 860-1450Vdc 900V / 250W 1 LED Indicators, WiFi + APP 870-1300Vdc <65dBA@1m and 25°C CPS FlexOM Gateway (1 per 32 inverters) SunSpec/CPS Standard / (with FlexOM Gateway) Modbus RS485 8202ft / 2500m (no derating) 0-100%                   Operations & Maintenance ("O&M") Plan [TPE IL KE106 LLC] O&M Plan / O&M Practices and Services The O&M plan is structured to both maximize system performance and meet all permitting requirements. Regional O&M staff and seasonal staff will be assigned to perform: 1. Preventative maintenance, 2. Corrective maintenance, and 3. Support of monitoring and asset management services. A summary scope of work for each is as follows: Preventative Maintenance Industry standard of care to ensure and maintain solar production levels Regular maintenance on project components per manufacturer recommendations and industry best practices and standards of care Module cleanings are not expected given the average monthly rainfall in the area. If cleaning is required, modules will be cleaned to ensure project performance. Vegetation abatement as required to ensure project performance Primary component inspection on an annual basis (panels, inverter, high voltage equipment) o Array & balance of system inspection o Module visual inspection o Data Acquisition System (DAS) & Meteorological (MET) station inspection o Inverter full inspection o High voltage equipment inspections Mechanical & electrical maintenance on an annual basis including inverter maintenance per manufacturer warranty requirements and standards of care Yearly inspection and maintenance as needed for roads, storm water, and other site civil features Corrective Maintenance Remote problem diagnosis & qualification via the project SCADA system On-site technician dispatch: Trained, qualified and insured service techs utilized for rapid response Warranty submittal/claims notification, tracking of replacement parts’ arrival/storage/ installation, etc. Maintenance ticket updates and closure identifying root cause/problem resolution reporting to owner Monitoring Remote equipment monitoring (24x7x365) via SCADA system Remote dispatch per customer/owner requirements Ticketing: Create and dispatch automated ticketing with issue resolution notifications and root cause reporting Problem tracking and ensured resolution reporting included within monthly report Identify potential and actual underperformance issues; recommend remedies Customized data analysis and alerts for customer: o Collection and hosting of system monitoring data o Owner access to online portal monitoring and production with weather data o Operator to host site communication and fees for monitoring Monitoring and asset management services are provided by the late-stage development company’s remote operation center and central services staff. Plan and Timeline for Responding to Loss of Major Plant Components O&M personnel will be notified of any loss of major plant component or related failures by the 7x24 remote operations center. This center will dispatch onsite technicians for system critical failures (inverter, transformer, or tracker motor failure). The plan for such losses is to: Remove and replace the failed equipment with spare parts, nearby parts in inventory or emergency delivery of parts from manufacturer as rapidly as possible. Diagnose reason for failure. Work with general contractor and/or manufacturers for any warranty or related claims. Compliance with Prudent Utility Practices All O&M practices follow Prudent Utility Practices with the utmost focus on safety. As a part of all O&M contracts with vendors, contractors, and sub-contractors, our team will ensure that these companies are responsible for the safe performance of work and for the safety of its, and its subcontractors’, employees, representatives, agents and invitees of contractor or its subcontractors at and around the project site, or any other person who enters the project site for any purpose. To facilitate this, all contractors must provide a safety plan whereby contractor maintains responsibility for maintaining all safety precautions and measures for areas on and around the project site. As part of this safety plan, contractor must provide a safe working environment at the project site during the performance of the work, and shall, among other requirements, seek to minimize the number of safety-related incidents during the performance of the work (with both TPE’s and contractor’s mutual objective of zero lost time accidents). Such safety plan shall include requirements for the safety prequalification of each subcontractor and a drug and alcohol program (which shall include a drug testing policy). Furthermore, the safety plan shall meet the requirements of applicable laws and applicable standards. After the commencement of work, TPE and contractor shall periodically review safety compliance, particularly in light of any injuries or near-miss incidents that may arise through the performance of the work and cooperate jointly to develop necessary changes to the safety plan in light of such circumstances, if any. The safety plan shall apply to all individuals accessing the project site and performing work on the project. As part of the safety plan, a safety representative will be identified with the necessary qualifications and experience to supervise the implementation of, and monitoring of compliance with, the safety plan. The safety representative shall make routine inspections of the project site and shall hold regular safety meetings with contractor’s personnel, subcontractors and others. Each staff member undergoes personal background checks, qualifies as possessing safety and related solar skills training required, or shall gain this training from an approved O&M training program prior to starting work on the job site. The contractor shall make the site safety plan available to local authorities having jurisdiction/permitting authorities (AHJs) during the construction process, upon request. The safety plan should include provisions for the management of site access, traffic management, road maintenance, and site security. Emergency Response The site owner shall provide an emergency response plan to the AHJs prior to commercial operation of the facility, if required by the local AHJs. The site owner shall provide an education training session to county representatives and first responders prior to commercial operation of the facility, if required by the local AHJs. The site owner shall provide a means and procedure for site access in coordination with the local AHJs. Equipment Manufacturer Recommendations The O&M plan referenced above complies with or exceeds all standard utility-scale PV equipment manufacturer recommendations. We can provide copies of all major equipment O&M recommendations prior to formal procurement as needed. Mowing and Weed Management A comprehensive vegetation management plan shall be implemented and followed for the duration of the project life. A mowing schedule shall be established based on the plant species in the seed mix that is properly timed to balance avoiding the disturbance of wildlife and native vegetation with the need to avoid the establishment of weeds. Vegetation underneath and between the solar panels should be well maintained in the defined lease area to keep vegetation below the low edge of the solar panels at maximum tilt angle. Management should comply with any local ordinances or conditions of approval. Mowing and weed whacking schedules will be adjusted from time to time to allow for flexibility based on rainfall and vegetation growth. Chemical control shall be used in accordance with the Illinois noxious weed regulations. Buffer Management Vegetative Buffers should be inspected during maintenance visits to ensure compliance with local ordinances or conditions of approval. Tree health and growth should be assessed and promoted to ensure compliance with local ordinances. Warranties All warranties are managed and handled at the project company level and are the responsibility of the late-stage development company that will operate and own the project over its useful life. Manufacturers of major equipment including modules, inverters, racking and transformers provide equipment warranties for the life of their products. Outage Schedules All planned shutdown of equipment for routine maintenance will be planned and coordinated with the local utility. When possible, these outages will occur in non-solar producing hours (nighttime). As such, no planned outages are scheduled. Spare Parts As part of the installation of the project, spare parts may be procured and stored with the O&M service provider for faster access to parts when necessary. This may include spare modules, inverters, parts, tracker components, fuses, wire and related inventory. Additionally, along with the warranty of the equipment, we expect to gain committed response intervals from manufacturers to address equipment replacement requirements. Spare parts will not be stored on site, rather, they will be stored off site in the O&M provider’s facilities. Start-up / Ramp-up Requirements / Times The PV solar plant starts up as the sun rises in the morning and ramps down as the sun sets in the evening. We can provide specific historical times for the location of our solar array as a means of working to optimize this generation asset.                  TPE IL KE106, LLC©TRANSPORTATIONAND ACCESS PLANNORTH                  Project Number: 1 STANDARD AGREEMENT FOR INTERCONNECTION OF DISTRIBUTED GENERATION FACILITIES WITH A CAPACITY LESS THAN OR EQUAL TO 10 MVA This agreement (together with all attachments, the “Agreement”) is made and entered into this 7th day of October, 2022, by and between TPE IL KE106, LLC (“interconnection customer”), as a Limited Liability Company organized and existing under the laws of the State of Delaware and Commonwealth Edison Company, (“Electric Distribution Company” or “EDC”), a corporation existing under the laws of the State of Illinois. Interconnection customer and EDC each may be referred to as a “Party”, or collectively as the “Parties”. Recitals: Whereas,interconnection customer is proposing to install or direct the installation of a distributed generation facility or is proposing a generating capacity addition to an existing distributed generation facility, consistent with the interconnection request application form completed by interconnection customer on 6/24/2022; and Whereas,the interconnection customer will operate and maintain, or cause the operation and maintenance of, the distributed generation facility; and Whereas,interconnection customer desires to interconnect the distributed generation facility with EDC's electric distribution system. Now, therefore,in consideration of the premises and mutual covenants set forth in this Agreement, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the Parties covenant and agree as follows: Article 1. Scope and Limitations of Agreement 1.1 This Agreement shall be used for all approved interconnection requests for distributed generation facilities that fall under Levels 2, 3 and 4 according to the procedures set forth in Part 466 of the Commission's rules (83 Ill. Adm. Code 466) (referred to as the Illinois Distributed Generation Interconnection Standard). 1.2 This Agreement governs the terms and conditions under which the distributed generation facility will interconnect to, and operate in parallel with, the EDC's electric distribution system. 1.3 This Agreement does not constitute an agreement to purchase or deliver the interconnection customer's power. Project Number: 2 1.4 Nothing in this Agreement is intended to affect any other agreement between the EDC and the interconnection customer. 1.5 Terms used in this agreement are defined as in Section 466.30 of the Illinois Distributed Generation Interconnection Standard unless otherwise noted. 1.6 Responsibilities of the Parties 1.6.1 The Parties shall perform all obligations of this Agreement in accordance with all applicable laws and regulations. 1.6.2 The EDC shall construct, own, operate, and maintain its interconnection facilities in accordance with this Agreement. 1.6.3 The interconnection customer shall construct, own, operate, and maintain its distributed generation facility and interconnection facilities in accordance with this Agreement. 1.6.4 Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for, the facilities that it now or subsequently may own unless otherwise specified in the attachments to this Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of its respective lines and appurtenances on its respective sides of the point of interconnection. 1.6.5 The interconnection customer agrees to design, install, maintain and operate its distributed generation facility so as to minimize the likelihood of causing an adverse system impact on the electric distribution system or any other electric system that is not owned or operated by the EDC. 1.7 Parallel Operation Obligations Once the distributed generation facility has been authorized to commence parallel operation, the interconnection customer shall abide by all operating procedures established in IEEE Standard 1547 and any other applicable laws, statutes or guidelines, including those specified in Attachment 4 of this Agreement. 1.8 Metering The interconnection customer shall be responsible for the cost to purchase, install, operate, maintain, test, repair, and replace metering and data acquisition equipment specified in Attachments 5 and 6 of this Agreement. 1.9 Reactive Power 1.9.1 Interconnection customers with a distributed generation facility larger than or equal to 1 MVA shall design their distributed generation facilities to maintain a power factor at the point of interconnection between .95 lagging and .95 leading Project Number: 3 at all times. Interconnection customers with a distributed generation facility smaller than 1 MVA shall design their distributed generation facility to maintain a power factor at the point of interconnection between .90 lagging and .90 leading at all times. 1.9.2 Any EDC requirements for meeting a specific voltage or specific reactive power schedule as a condition for interconnection shall be clearly specified in Attachment 4. Under no circumstance shall the EDC's additional requirements for voltage or reactive power schedules exceed the normal operating capabilities of the distributed generation facility. 1.9.3 If the interconnection customer does not operate the distributed generation facility within the power factor range specified in Attachment 4, or does not operate the distribute generation facility in accordance with a voltage or reactive power schedule specified in Attachment 4, the interconnection customer is in default, and the terms of Article 6.5 apply. 1.10 Standards of Operations The interconnection customer must obtain all certifications, permits, licenses and approvals necessary to construct, operate and maintain the facility and to perform its obligations under this Agreement. The interconnection customer is responsible for coordinating and synchronizing the distributed generation facility with the EDC's system. The interconnection customer is responsible for any damage that is caused by the interconnection customer's failure to coordinate or synchronize the distributed generation facility with the electric distribution system. The interconnection customer agrees to be primarily liable for any damages resulting from the continued operation of the distributed generation facility after the EDC ceases to energize the line section to which the distributed generation facility is connected. In Attachment 4, the EDC shall specify the shortest reclose time setting for its protection equipment that could affect the distributed generation facility. The EDC shall notify the interconnection customer at least 10 business days prior to adopting a faster reclose time on any automatic protective equipment, such as a circuit breaker or line recloser, that might affect the distributed generation facility. Article 2. Inspection, Testing, Authorization, and Right of Access 2.1 Equipment Testing and Inspection The interconnection customer shall test and inspect its distributed generation facility including the interconnection equipment prior to interconnection in accordance with IEEE Standard 1547 (2003) and IEEE Standard 1547.1 (2005). The interconnection customer shall not operate its distributed generation facility in parallel with the EDC's electric distribution system without prior written authorization by the EDC as provided for in Articles 2.1.1-2.1.3. 2.1.1 The EDC shall perform a witness test after construction of the distributed generation facility is completed, but before parallel operation, unless the EDC Project Number: 4 specifically waives the witness test. The interconnection customer shall provide the EDC at least 15 business days notice of the planned commissioning test for the distributed generation facility. If the EDC performs a witness test at a time that is not concurrent with the commissioning test, it shall contact the interconnection customer to schedule the witness test at a mutually agreeable time within 10 business days after the scheduled commissioning test designated on the application. If the EDC does not perform the witness test within 10 business days after the commissioning test, the witness test is deemed waived unless the Parties mutually agree to extend the date for scheduling the witness test, or unless the EDC cannot do so for good cause, in which case, the Parties shall agree to another date for scheduling the test within 10 business days after the original scheduled date. If the witness test is not acceptable to the EDC, the interconnection customer has 30 business days to address and resolve any deficiencies. This time period may be extended upon agreement between the EDC and the interconnection customer. If the interconnection customer fails to address and resolve the deficiencies to the satisfaction of the EDC, the applicable cure provisions of Article 6.5 shall apply. The interconnection customer shall, if requested by the EDC, provide a copy of all documentation in its possession regarding testing conducted pursuant to IEEE Standard 1547.1. 2.1.2 If the interconnection customer conducts interim testing of the distributed generation facility prior to the witness test, the interconnection customer shall obtain permission from the EDC before each occurrence of operating the distributed generation facility in parallel with the electric distribution system. The EDC may, at its own expense, send qualified personnel to the distributed generation facility to observe such interim testing, but it cannot mandate that these tests be considered in the final witness test. The EDC is not required to observe the interim testing or precluded from requiring the tests be repeated at the final witness test. 2.1.3 After the distributed generation facility passes the witness test, the EDC shall affix an authorized signature to the certificate of completion and return it to the interconnection customer approving the interconnection and authorizing parallel operation. The authorization shall not be conditioned or delayed. 2.2 Commercial Operation The interconnection customer shall not operate the distributed generation facility, except for interim testing as provided in Article 2.1, until such time as the certificate of completion is signed by all Parties. 2.3 Right of Access The EDC must have access to the disconnect switch and metering equipment of the distributed generation facility at all times. When practical, the EDC shall provide notice to the interconnection customer prior to using its right of access. Project Number: 5 Article 3. Effective Date, Term, Termination, and Disconnection 3.1 Effective Date This Agreement shall become effective upon execution by all Parties. 3.2 Term of Agreement This Agreement shall become effective on the effective date and shall remain in effect unless terminated in accordance with Article 3.3 of this Agreement. 3.3 Termination 3.3.1 The interconnection customer may terminate this Agreement at any time by giving the EDC 30 calendar days prior written notice. 3.3.2 Either Party may terminate this Agreement after default pursuant to Article 6.5. 3.3.3 The EDC may terminate, upon 60 calendar days' prior written notice, for failure of the interconnection customer to complete construction of the distributed generation facility within 12 months after the in-service date as specified by the Parties in Attachment 2, which may be extended by agreement between the Parties. 3.3.4 The EDC may terminate this Agreement, upon 60 calendar days' prior written notice, if the interconnection customer has abandoned, cancelled, permanently disconnected or stopped development, construction, or operation of the distributed generation facility, or if the interconnection customer fails to operate the distributed generation facility in parallel with the EDC's electric system for three consecutive years. 3.3.5 Upon termination of this Agreement, the distributed generation facility will be disconnected from the EDC's electric distribution system. Terminating this Agreement does not relieve either Party of its liabilities and obligations that are owed or continuing when the Agreement is terminated. 3.3.6 If the Agreement is terminated, the interconnection customer loses its position in the interconnection queue. 3.4 Temporary Disconnection A Party may temporarily disconnect the distributed generation facility from the electric distribution system in the event one or more of the following conditions or events occurs: 3.4.1 Emergency conditions –shall mean any condition or situation: (1) that in the judgment of the Party making the claim is likely to endanger life or property; or (2) that the EDC determines is likely to cause an adverse system impact, or is likely to have a material adverse effect on the EDC's electric distribution system, interconnection facilities or other facilities, or is likely to interrupt or materially Project Number: 7 the distributed generation facility, other than a minor equipment modification. If the interconnection customer modifies its facility without the EDC's prior written authorization, the EDC has the right to disconnect the distributed generation facility until such time as the EDC concludes the modification poses no threat to the safety or reliability of its electric distribution system. 3.4.6 The EDC is not responsible for any lost opportunity or other costs incurred by the interconnection customer as a result of an interruption of service under Article 3. Article 4. Cost Responsibility for Interconnection Facilities and Distribution Upgrades 4.1 Interconnection Facilities 4.1.1 The interconnection customer shall pay for the cost of the interconnection facilities itemized in Attachment 3. The EDC shall identify the additional interconnection facilities necessary to interconnect the distributed generation facility with the EDC's electric distribution system, the cost of those facilities, and the time required to build and install those facilities, as well as an estimated date of completion of the building or installation of those facilities. 4.1.2 The interconnection customer is responsible for its expenses, including overheads, associated with owning, operating, maintaining, repairing, and replacing its interconnection equipment. 4.2 Distribution Upgrades The EDC shall design, procure, construct, install, and own any distribution upgrades. The actual cost of the distribution upgrades, including overheads, shall be directly assigned to the interconnection customer whose distributed generation facility caused the need for the distribution upgrades. Article 5. Billing, Payment, Milestones, and Financial Security 5.1 Billing and Payment Procedures and Final Accounting (Applies to additional reviews conducted under a Level 2 review and Level 4 reviews) 5.1.1 The EDC shall bill the interconnection customer for the design, engineering, construction, and procurement costs of EDC-provided interconnection facilities and distribution upgrades contemplated by this Agreement as set forth in Attachment 3. The billing shall occur on a monthly basis, or as otherwise agreed to between the Parties. The interconnection customer shall pay each bill within 30 calendar days after receipt, or as otherwise agreed to between the Parties. 5.1.2 Within 90 calendar days after completing the construction and installation of the EDC's interconnection facilities and distribution upgrades described in Attachments 2 and 3 to this Agreement, the EDC shall provide the interconnection customer with a final accounting report of any difference between Project Number: 8 (1) the actual cost incurred to complete the construction and installation of the EDC's interconnection facilities and distribution upgrades; and (2) the interconnection customer's previous deposit and aggregate payments to the EDC for the interconnection facilities and distribution upgrades. If the interconnection customer's cost responsibility exceeds its previous deposit and aggregate payments, the EDC shall invoice the interconnection customer for the amount due and the interconnection customer shall make payment to the EDC within 30 calendar days. If the interconnection customer's previous deposit and aggregate payments exceed its cost responsibility under this Agreement, the EDC shall refund to the interconnection customer an amount equal to the difference within 30 calendar days after the final accounting report. Upon request from the interconnection customer, if the difference between the budget estimate and the actual cost exceeds 20%, the EDC will provide a written explanation for the difference. 5.1.3 If a Party disputes any portion of its payment obligation pursuant to this Article 5, the Party shall pay in a timely manner all non-disputed portions of its invoice, and the disputed amount shall be resolved pursuant to the dispute resolution provisions contained in Article 8. A Party disputing a portion of an Article 5 payment shall not be considered to be in default of its obligations under this Article. 5.2 Interconnection Customer Deposit At least 20 business days prior to the commencement of the design, procurement, installation, or construction of the EDC's interconnection facilities and distribution upgrades, the interconnection customer shall provide the EDC with a deposit equal to 100% of the estimated, non-binding cost to procure, install, or construct any such facilities (the “Security Deposit”). However, when the estimated date of completion of the building or installation of facilities exceeds three months from the date of notification, pursuant to Article 4.1.1 of this Agreement, this deposit may be held in escrow by a mutually agreed-upon third-party, with any interest to inure to the benefit of the interconnection customer. Article 6. Assignment, Limitation on Damages, Indemnity, Force Majeure, and Default 6.1 Assignment This Agreement may be assigned by either Party. If the interconnection customer attempts to assign this Agreement, the assignee must agree to the terms of this Agreement in writing and such writing must be provided to the EDC. Any attempted assignment that violates this Article is void and ineffective. Assignment shall not relieve a Party of its obligations, nor shall a Party's obligations be enlarged, in whole or in part, by reason of the assignment. An assignee is responsible for meeting the same obligations as the assignor. 6.1.1 Either Party may assign this Agreement without the consent of the other Party to any affiliate (including mergers, consolidations, or transfers, or a sale of a Project Number: 9 substantial portion of the Party's assets, between the Party and another entity), of the assigning Party that has an equal or greater credit rating and the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement. 6.1.2 The interconnection customer can assign this Agreement, without the consent of the EDC, for collateral security purposes to aid in providing financing for the distributed generation facility. 6.2 Limitation on Damages Except for cases of gross negligence or willful misconduct, the liability of any Party to this Agreement shall be limited to direct actual damages and reasonable attorney's fees, and all other damages at law are waived. Under no circumstances, except for cases of gross negligence or willful misconduct, shall any Party or its directors, officers, employees and agents, or any of them, be liable to another Party, whether in tort, contract or other basis in law or equity for any special, indirect, punitive, exemplary or consequential damages, including lost profits, lost revenues, replacement power, cost of capital or replacement equipment. This limitation on damages shall not affect any Party's rights to obtain equitable relief, including specific performance, as otherwise provided in this Agreement. The provisions of this Article 6.2 shall survive the termination or expiration of the Agreement. 6.3 Indemnity 6.3.1 This provision protects each Party from liability incurred to third parties as a result of carrying out the provisions of this Agreement. Liability under this provision is exempt from the general limitations on liability found in Article 6.2. 6.3.2 The interconnection customer shall indemnify and defend the EDC and the EDC's directors, officers, employees, and agents, from all damages and expenses resulting from a third party claim arising out of or based upon the interconnection customer's (a) negligence or willful misconduct or (b) breach of this Agreement. 6.3.3 The EDC shall indemnify and defend the interconnection customer and the interconnection customer's directors, officers, employees, and agents from all damages and expenses resulting from a third party claim arising out of or based upon the EDC's (a) negligence or willful misconduct or (b) breach of this Agreement. 6.3.4 Within 5 business days after receipt by an indemnified Party of any claim or notice that an action or administrative or legal proceeding or investigation as to which the indemnity provided for in this Article may apply has commenced, the indemnified Party shall notify the indemnifying Party of such fact. The failure to notify, or a delay in notification, shall not affect a Party's indemnification obligation unless that failure or delay is materially prejudicial to the indemnifying Party. Project Number: 10 6.3.5 If an indemnified Party is entitled to indemnification under this Article as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under this Article, to assume the defense of such claim, that indemnified Party may, at the expense of the indemnifying Party, contest, settle or consent to the entry of any judgment with respect to, or pay in full, the claim. 6.3.6 If an indemnifying Party is obligated to indemnify and hold any indemnified Party harmless under this Article, the amount owing to the indemnified person shall be the amount of the indemnified Party's actual loss, net of any insurance or other recovery. 6.4 Force Majeure 6.4.1 As used in this Article, a force majeure event shall mean any act of God, labor disturbance, act of the public enemy, war, acts of terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment through no direct, indirect, or contributory act of a Party, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party's control. A force majeure event does not include an act of gross negligence or intentional wrongdoing by the Party claiming force majeure. 6.4.2 If a force majeure event prevents a Party from fulfilling any obligations under this Agreement, the Party affected by the force majeure event ("Affected Party") shall notify the other Party of the existence of the force majeure event within one business day. The notification must specify the circumstances of the force majeure event, its expected duration, and the steps that the Affected Party is taking and will take to mitigate the effects of the event on its performance. If the initial notification is verbal, it must be followed up with a written notification within one business day. The Affected Party shall keep the other Party informed on a continuing basis of developments relating to the force majeure event until the event ends. The Affected Party may suspend or modify its obligations under this Agreement (other than the obligation to make payments) only to the extent that the effect of the force majeure event cannot be otherwise mitigated. 6.5 Default 6.5.1 No default shall exist when the failure to discharge an obligation (other than the payment of money) results from a force majeure event as defined in this Agreement, or the result of an act or omission of the other Party. 6.5.2 A Party shall be in default ("Default") of this Agreement if it fails in any material respect to comply with, observe or perform, or defaults in the performance of, any covenant or obligation under this Agreement and fails to cure the failure within 60 Project Number: 11 calendar days after receiving written notice from the other Party. Upon a default of this Agreement, the non-defaulting Party shall give written notice of the default to the defaulting Party. Except as provided in Article 6.5.3, the defaulting Party has 60 calendar days after receipt of the default notice to cure the default; provided, however, if the default cannot be cured within 60 calendar days, the defaulting Party shall commence the cure within 20 calendar days after original notice and complete the cure within six months from receipt of the default notice; and, if cured within that time, the default specified in the notice shall cease to exist. 6.5.3 If a Party has assigned this Agreement in a manner that is not specifically authorized by Article 6.1, fails to provide reasonable access pursuant to Article 2.3, and is in default of its obligations pursuant to Article 7, or if a Party is in default of its payment obligations pursuant to Article 5 of this Agreement, the defaulting Party has 30 days from receipt of the default notice to cure the default. 6.5.4 If a default is not cured as provided for in this Article, or if a default is not capable of being cured within the period provided for in this Article, the non- defaulting Party shall have the right to terminate this Agreement by written notice, and be relieved of any further obligation under this Agreement and, whether or not that Party terminates this Agreement, to recover from the defaulting Party all amounts due under this Agreement, plus all other damages and remedies to which it is entitled at law or in equity. The provisions of this Article shall survive termination of this Agreement. Article 7. Insurance For distributed generation facilities with a nameplate capacity of 1 MVA or above, the interconnection customer shall carry sufficient insurance coverage so that the maximum comprehensive/general liability coverage that is continuously maintained by the interconnection customer during the term shall be not less than $2,000,000 for each occurrence, and an aggregate, if any, of at least $4,000,000. The EDC, its officers, employees and agents shall be added as an additional insured on this policy. The interconnection customer agrees to provide the EDC with at least 30 calendar days advance written notice of cancellation, reduction in limits, or non-renewal of any insurance policy required by this Article. Article 8. Dispute Resolution 8.1 Parties shall attempt to resolve all disputes regarding interconnection as provided in this Article in a good faith manner. 8.2 If there is a dispute between the Parties about an interpretation of the Agreement, the aggrieved Party shall issue a written notice to the other Party to the agreement that specifies the dispute and the Agreement articles that are disputed. Project Number: 12 8.3 A meeting between the Parties shall be held within ten days after receipt of the written notice. Persons with decision-making authority from each Party shall attend the meeting. If the dispute involves technical issues, persons with sufficient technical expertise and familiarity with the issue in dispute from each Party shall also attend the meeting. The meeting may be conducted by teleconference. 8.4 After the first meeting, each Party may seek resolution through complaint or mediation procedures available at the Commission. The Commission may designate an engineer from the Commission's Energy Division to assist in resolving the dispute. Dispute resolution shall be conducted in a manner designed to minimize costs and delay. Dispute resolution may be conducted by phone. 8.5 Pursuit of dispute resolution may not affect an interconnection request or an interconnection applicant's position in the EDC's interconnection queue. 8.6 If the Parties fail to resolve their dispute under the dispute resolution provisions of this Article, nothing in this Article shall affect any Party's rights to obtain equitable relief, including specific performance, as otherwise provided in this Agreement. Article 9. Miscellaneous 9.1 Governing Law, Regulatory Authority, and Rules The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the State of Illinois, without regard to its conflicts of law principles. This Agreement is subject to all applicable laws and regulations. Each Party expressly reserves the right to seek change in, appeal, or otherwise contest any laws, orders or regulations of a governmental authority. The language in all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against the EDC or interconnection customer, regardless of the involvement of either Party in drafting this Agreement. 9.2 Amendment Modification of this Agreement shall be only by a written instrument duly executed by both Parties. 9.3 No Third-Party Beneficiaries This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations in this Agreement assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns. 9.4 Waiver 9.4.1 Except as otherwise provided in this Agreement, a Party's compliance with any obligation, covenant, agreement, or condition in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument signed by Project Number: 13 the Party granting the waiver, but the waiver or failure to insist upon strict compliance with the obligation, covenant, agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. 9.4.2. Failure of any Party to enforce or insist upon compliance with any of the terms or conditions of this Agreement, or to give notice or declare this Agreement or the rights under this Agreement terminated, shall not constitute a waiver or relinquishment of any rights set out in this Agreement, but the same shall be and remain at all times in full force and effect, unless and only to the extent expressly set forth in a written document signed by that Party granting the waiver or relinquishing any such rights. Any waiver granted, or relinquishment of any right, by a Party shall not operate as a relinquishment of any other rights or a waiver of any other failure of the Party granted the waiver to comply with any obligation, covenant, agreement, or condition of this Agreement. 9.5 Entire Agreement Except as provided in Article 9.1, this Agreement, including all attachments, constitutes the entire Agreement between the Parties with reference to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants that constitute any part of the consideration for, or any condition to, either Party's compliance with its obligations under this Agreement. 9.6 Multiple Counterparts This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. 9.7 No Partnership This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties, or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. 9.8 Severability If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, (1) that portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by the ruling, and (3) the remainder of this Agreement shall remain in full force and effect. 9.9 Project Number: 14 Environmental Releases Each Party shall notify the other Party of the release of any hazardous substances, any asbestos or lead abatement activities, or any type of remediation activities related to the distributed generation facility or the interconnection facilities, each of which may reasonably be expected to affect the other Party. The notifying Party shall (1) provide the notice as soon as practicable, provided that Party makes a good faith effort to provide the notice no later than 24 hours after that Party becomes aware of the occurrence, and (2) promptly furnish to the other Party copies of any publicly available reports filed with any governmental authorities addressing such events. 9.10 Subcontractors Nothing in this Agreement shall prevent a Party from using the services of any subcontractor it deems appropriate to perform its obligations under this Agreement; provided, however, that each Party shall require its subcontractors to comply with all applicable terms and conditions of this Agreement in providing services and each Party shall remain primarily liable to the other Party for the performance of the subcontractor. 9.10.1 A subcontract relationship does not relieve any Party of any of its obligations under this Agreement. The hiring Party remains responsible to the other Party for the acts or omissions of its subcontractor. Any applicable obligation imposed by this Agreement upon the hiring Party shall be equally binding upon, and shall be construed as having application to, any subcontractor of the hiring Party. 9.10.2 The obligations under this Article cannot be limited in any way by any limitation of subcontractor's insurance. Project Number: 15 Article 10. Notices 10.1 General Unless otherwise provided in this Agreement, any written notice, demand, or request required or authorized in connection with this Agreement ("Notice") shall be deemed properly given if delivered in person, delivered by recognized national courier service, or sent by first class mail, postage prepaid, to the person specified below: If to Interconnection Customer: Interconnection Customer:TPE IL KE106, LLC Attention:James Marshall Address:3720 S. Dahlia St City:Denver State:Colorado Zip:80237 Phone:Fax:E-Mail: If to EDC: EDC:Commonwealth Edison Company Attention:DER Interconnection Address:2 Lincoln Center City:Oakbrook Terrace State:IL Zip:60181 Phone:E-Mail: Alternative Forms of Notice Any notice or request required or permitted to be given by either Party to the other Party and not required by this Agreement to be in writing may be given by telephone, facsimile or e-mail to the telephone numbers and e-mail addresses set out above. 10.2 Billing and Payment Billings and payments shall be sent to the addresses set out below: If to Interconnection Customer Interconnection Customer:TPE IL KE106, LLC Attention:James Marshall Address:3720 S. Dahlia St City:Denver State:Colorado Zip:80237 Phone Fax Email Project Number: 16 If to EDC: EDC:Commonwealth Edison Attention:DER Interconnection Address:2 Lincoln Center City:Oakbrook Terrace State:IL Zip:60181 10.3 Designated Operating Representative The Parties may also designate operating representatives to conduct the communications that may be necessary or convenient for the administration of this Agreement. This person will also serve as the point of contact with respect to operations and maintenance of the Party's facilities. Interconnection Customer's Operating Representative: Attention:James Marshall Address:3720 S. Dahlia St City:Denver State:CO 80237 Phone:Fax:Email: EDC's Operating Representative:Commonwealth Edison Company Attention:Customer Operations Address:ComEd - 2 Lincoln Center –Call Center City:Oakbrook State:IL Zip:60181 Phone: 10.4 Changes to the Notice Information Either Party may change this notice information by giving five business days written notice before the effective date of the change. Project Number: 17 Article 11. Signatures IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their respective duly authorized representatives. Project Name: CEF-IL KE106 For the Interconnection Customer: Name:James Marshall Title:Executive Vice President Date:10/7/2022 For EDC: Name: Title: Date: d tomer: Principal Contract Specialist Project Number: 18 Attachment 1 Definitions Adverse system impact –A negative effect that compromises the safety or reliability of the electric distribution system or materially affects the quality of electric service provided by the electric distribution company (EDC) to other customers. Applicable laws and regulations –All duly promulgated applicable federal, State and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any governmental authority, having jurisdiction over the Parties. Commissioning test –Tests applied to a distributed generation facility by the applicant after construction is completed to verify that the facility does not create adverse system impacts. At a minimum, the scope of the commissioning tests performed shall include the commissioning test specified IEEE Standard 1547 Section 5.4 "Commissioning tests." Distributed generation facility –The equipment used by an interconnection customer to generate or store electricity that operates in parallel with the electric distribution system. A distributed generation facility typically includes an electric generator, prime mover, and the interconnection equipment required to safely interconnect with the electric distribution system or a local electric power system. Distribution upgrades –A required addition or modification to the EDC's electric distribution system at or beyond the point of interconnection to accommodate the interconnection of a distributed generation facility. Distribution upgrades do not include interconnection facilities. Electric distribution company or EDC –Any electric utility entity subject to the jurisdiction of the Illinois Commerce Commission. Electric distribution system –The facilities and equipment used to transmit electricity to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances. The voltage levels at which electric distribution systems operate differ among areas but generally carry less than 100 kilovolts of electricity. Electric distribution system has the same meaning as the term Area EPS, as defined in 3.1.6.1 of IEEE Standard 1547. Facilities study –An engineering study conducted by the EDC to determine the required modifications to the EDC's electric distribution system, including the cost and the time required to build and install the modifications, as necessary to accommodate an interconnection request. Force majeure event –Any act of God, labor disturbance, act of the public enemy, war, acts of terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment through no direct, indirect, or contributory act of a Party, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any Project Number: 19 other cause beyond a Party's control. A force majeure event does not include an act of gross negligence or intentional wrongdoing. Governmental authority –Any federal, State, local or other governmental regulatory or administrative agency, court, commission, department, board, other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that this term does not include the interconnection customer, EDC or any affiliate of either. IEEE Standard 1547 –The Institute of Electrical and Electronics Engineers, Inc. (IEEE), 3 Park Avenue, New York NY 10016-5997, Standard 1547 (2003), "Standard for Interconnecting Distributed Resources with Electric Power Systems." IEEE Standard 1547.1 –The IEEE Standard 1547.1 (2005), "Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems." Interconnection agreement or Agreement –The agreement between the interconnection customer and the EDC. The interconnection agreement governs the connection of the distributed generation facility to the EDC's electric distribution system and the ongoing operation of the distributed generation facility after it is connected to the EDC's electric distribution system. Interconnection customer –The entity entering into this Agreement for the purpose of interconnecting a distributed generation facility to the EDC's electric distribution system. Interconnection equipment –A group of components or an integrated system connecting an electric generator with a local electric power system or an electric distribution system that includes all interface equipment, including switchgear, protective devices, inverters or other interface devices. Interconnection equipment may be installed as part of an integrated equipment package that includes a generator or other electric source. Interconnection facilities –Facilities and equipment required by the EDC to accommodate the interconnection of a distributed generation facility. Collectively, interconnection facilities include all facilities, and equipment between the distributed generation facility and the point of interconnection, including modification, additions, or upgrades that are necessary to physically and electrically interconnect the distributed generation facility to the electric distribution system. Interconnection facilities are sole use facilities and do not include distribution upgrades. Interconnection request –An interconnection customer's request, on the required form, for the interconnection of a new distributed generation facility, or to increase the capacity or change the operating characteristics of an existing distributed generation facility that is interconnected with the EDC's electric distribution system. Project Number: 20 Interconnection study –Any of the following studies, as determined to be appropriate by the EDC: the interconnection feasibility study, the interconnection system impact study, and the interconnection facilities study. Illinois standard distributed generation interconnection rules –The most current version of the procedures for interconnecting distributed generation facilities adopted by the Illinois Commerce Commission. See 83 Ill. Adm. Code 466. Parallel operation or Parallel –The state of operation that occurs when a distributed generation facility is connected electrically to the electric distribution system. Point of interconnection –The point where the distributed generation facility is electrically connected to the electric distribution system. Point of interconnection has the same meaning as the term "point of common coupling" defined in 3.1.13 of IEEE Standard 1547. Witness test –For lab-certified equipment, verification (either by an on-site observation or review of documents) by the EDC that the interconnection installation evaluation required by IEEE Standard 1547 Section 5.3 and the commissioning test required by IEEE Standard 1547 Section 5.4 have been adequately performed. For interconnection equipment that has not been lab-certified, the witness test shall also include verification by the EDC of the on-site design tests required by IEEE Standard 1547 Section 5.1 and verification by the EDC of production tests required by IEEE Standard 1547 Section 5.2. All tests verified by the EDC are to be performed in accordance with the test procedures specified by IEEE Standard 1547.1. Project Number: 24 Attachment 4 Operating Requirements for Distributed Generation Facilities Operating in Parallel The EDC shall list specific operating practices that apply to this distributed generation interconnection and the conditions under which each listed specific operating practice applies. See Articles 1,7 Parallel Operation Obligations 1.9, Reactive Power, 1.10, Standards of Operation and as identified in the prior studies. Any additional operational practices listed below: 1) Customer Transformer(s) Connection(s) at PCC (12kV) – ComEd requires a Delta H.S. transformer winding for all customer connected transformers. 2) Customer Photovoltaic System Inverter Modules – Transient Overvoltage (TOV) Limits: Customer inverters shall not by their design or application while interconnected to the ComEd system cause transient overvoltages (TOV) which exceed ComEd 12kV line or equipment ratings during fault or switching operations. If the customer inverters cause objectionable overvoltages which exceed the ratings of the ComEd lines and equipment, then ComEd may require that the customer at their expense mitigate these issues to a level below the equipment design ratings. 3) Customer Equipment Short-Circuit Ratings - Customer equipment shall be rated for ultimate fault current levels: Ultimate 3 Phase - 6,700 Amps and Ultimate 1 Phase - 6,700 Amps. 4) Interconnections ≤ 2.0MW using lab certified UL 1741 Inverters do not require any additional relay protection 5) All transformers require a high side protective operating device to operate under fault conditions. 6) ComEd Testing Group resources will be required to verify settings for required system protection prior to customer equipment being placed into service. 7) This photovoltaic installation shall only operate when it is connected to 12kV feeder , and when feeder is fed from its normal breaker at . 8) Customer will be responsible to complete all subgrade and civil work on their property, if required for the interconnection facilities. 9) Customer will be responsible to purchase real estate or obtain the necessary right-of - way/ easements, to install the interconnection facilities. Project Number: 25 Attachment 5 Monitoring and Control Requirements This attachment is to be completed by the EDC and shall include the following: 1. The EDC's monitoring and control requirements must be specified, along with a reference to the EDC's written requirements documents from which these requirements are derived. 2. An internet link to the requirements documents. https://www.comed.com/MyAccount/MyService/Pages/DistributionLess10k.aspx http://standards.ieee.org Project Number: 26 Attachment 6 Metering Requirements This attachment is to be completed by the EDC and shall include the following: 1. The metering requirements for the distributed generation facility. The specific metering requirements and equipment will be specified as part of the Detailed Engineering. 2. Identification of the appropriate tariffs that establish these requirements. 3. An internet link to these tariffs. https://www.comed.com/MyAccount/MyService/Pages/DistributionLess10k.aspx https://www.comed.com/MyAccount/MyBillUsage/Pages/CurrentRatesTariffs.aspx Project Number: 27 Attachment 7 As Built Documents This attachment is to be completed by the interconnection customer and shall include the following: When it returns the certificate of completion to the EDC, the interconnection customer shall provide the EDC with documents detailing the as-built status of the following: 1. A one-line diagram indicating the distributed generation facility, interconnection equipment, interconnection facilities, and metering equipment. 2. Component specifications for equipment identified in the one-line diagram. 3. Component settings. 4. Proposed sequence of operations. 5. A three-line diagram showing current potential circuits for protective relays. 6. Relay tripping and control schematic diagram. Project Number: 28 Attachment 8 Other Provisions The Parties agree to the following terms and conditions in connection with the distributed generation facility. 1.1 Nothing in this Agreement shall constitute an express or implied representation or warranty on the part of EDC with respect to the current or future availability of transmission service or create any obligation on the part of EDC to accept deliveries of energy unless the interconnection customer or a third party taking delivery of such energy has arranged for transmission service with PJM Interconnection LLC, or its successor in interest, the organization that operates the EDC’s transmission system (“PJM”) in accordance with the PJM tariff and applicable laws and regulations. EDC may charge for service over its electric distribution system to deliver energy or power from the distributed generation facility to or from the facilities controlled or operated by PJM that are used to provide transmission service pursuant to the PJM tariff. 1.2 This Agreement does not constitute an agreement to interconnect the interconnection customer to a PJM point of interconnection. 1.3 The interconnection customer shall not be allowed to construct any facilities or install any equipment which will be owned or operated by the EDC, without the prior written consent of the EDC, which consent may be conditioned on the Parties negotiating and agreeing upon provisions to govern such construction or installation. 1.4 Tax Status. Based on information provided by the interconnection customer, EDC will make the determination as to whether all costs and other amounts payable, and property to be transferred, by interconnection customer to EDC under this Agreement (collectively, the “Paid Amounts”) satisfy the tax law provisions for non-taxable status, as referenced in this Section 1.4. For any amounts that EDC determines do not qualify for non-taxable status, the interconnection customer shall comply with this Section 1.4, including without limitation paying the applicable income tax gross-up as set forth herein. 1.4.1 Tax Status A. To qualify for non-taxable treatment with respect to the Paid Amounts, the interconnection customer must meet all qualifications and requirements as set forth in the tax laws (“Non-Taxable Treatment”). The determination of whether the Paid Amounts qualify for Non-Taxable Treatment shall be made by EDC, based on the information furnished by interconnection customer to determine tax treatment under the relevant tax law provisions. B. To the extent EDC reasonably determines that all or a portion of the Paid Amounts qualify for Non-Taxable Treatment, both Parties intend to treat such Project Number: 29 amounts as non-taxable contributions from interconnection customer to EDC for federal and state income tax purposes. With respect to any such Paid Amounts, interconnection customer agrees to maintain Non-Taxable Treatment for such amounts, and interconnection customer shall remain subject to the terms of this Section 1.4, in any subsequent or interim agreement related to this Agreement. To the extent EDC determines that all or a portion of the Paid Amounts are taxable, interconnection customer agrees to pay the income tax gross-up amount referenced in this Section 1.4. 1.4.2 Tax Indemnity For any amounts the Parties treat as non-taxable pursuant to Section 1.4.1, interconnection customer shall indemnify and hold harmless EDC for any costs or taxes, penalties, and interest that EDC incurs in the event that the IRS and/or a state taxing authority determines that the Paid Amounts are taxable income to EDC. In such an event, interconnection customer shall pay to EDC, on demand, the amount of any income taxes that the IRS or a state taxing authority assesses EDC in connection with the Paid Amounts, plus any applicable interest and/or penalties assessed EDC. In the event that EDC in its sole discretion chooses to contest such assessment and prevails in reducing or eliminating the tax, interest and/or penalties assessed against it, EDC shall refund to interconnection customer the excess of the amount paid to EDC pursuant to this Section 1.4 over the amount of the tax, interest and penalties for which EDC is finally determined to be liable. Interconnection customer’s tax indemnification obligation under this section shall survive any termination of this Agreement or of any subsequent or interim agreement related to this Agreement. 1.4.3 Income Tax Gross-Up A. In the event that interconnection customer does not establish to EDC’s satisfaction within 15 days of the execution of this Agreement (the “Specified Date”) that the Paid Amounts are or will be non-taxable, interconnection customer shall increase the amount of the Security Deposit to include any amounts described under this Section 1.4 regarding income tax gross-up. B. The required increase in the Security Deposit shall equal the amount necessary to permit EDC to pay all applicable income taxes (“Current Taxes”) on the amounts to be paid by interconnection customer under this Agreement after taking into account the present value of future tax deductions for depreciation that would be available as a result of the anticipated payments or property transfers (the “Present Value Depreciation Amount”), with respect to such amounts. For this purpose, Current Taxes shall be computed based on the composite federal and state income Project Number: 30 tax rates applicable to EDC at the time the Security Deposit is increased, determined using the highest marginal rates in effect at that time (the “Current Tax Rate”), and (ii) the Present Value Depreciation Amount shall be computed by discounting EDC’s anticipated tax depreciation deductions associated with such payments or property transfers by its current weighted average cost of capital. EDC may draw on the Security Deposit on a quarterly basis based on the Paid Amounts received by EDC. C. Interconnection customer must provide the increase in the Security Deposit, in a form and with terms as acceptable to EDC, within 15 days of the Specified Date unless EDC notifies interconnection customer otherwise. The requirement for the increase in the Security Deposit under this Paragraph shall be treated as a milestone for purposes of Attachment 3 of this Agreement. D.Each Party shall cooperate with the other to maintain the other Party’s tax status. Nothing in this Agreement is intended to adversely affect any entity’s tax exempt status with respect to the issuance of bonds including, but not limited to, local furnishing bonds. E. In the event, and to the extent, (i) EDC subsequently determines that amounts for which interconnection customer has paid EDC are non-taxable, and (ii) EDC successfully obtains a refund of federal and/or state income tax originally paid with respect to such amounts, EDC shall timely return such amounts to the interconnection customer. For purposes hereof, EDC may make such a determination in light of subsequent IRS guidance, or other relevant authority. In the event of a successful refund claim by EDC, EDC shall return the remaining Security Deposit attributable to this Section 1.4, but no more than it obtains from the relevant taxing authority, less any reasonable fees incurred to secure such tax refund, to interconnection customer. 1.5 If any of EDC’s facilities, in addition to those described in Section 2.3, are or will be located on interconnection customer’s property, EDC shall have access to such facilities at all times and when practical, the EDC shall provide notice to the interconnection customer prior to using its right of access. Upon EDC’s completion of final, detailed engineering, if EDC identifies any facilities which will be located on interconnection customer’s property and requests written property rights in order to have such access, the interconnection customer shall provide such rights. 1.6 Interconnection customer shall also be responsible for paying in full to EDC all approved FERC and ICC rates and charges applicable to interconnection customer’s connection to and usage of the electric distribution system, if any. Project Number: 31 1.7 Interconnection customer shall not disclose any information labeled “CEII” or “Critical Energy Infrastructure Information” or other information labeled “Confidential” obtained pursuant to or in connection with this Agreement to any third party without the express written consent of the EDC, provided that interconnection customer may produce such information in response to a subpoena, discovery request or other compulsory process issued by a judicial body or governmental agency upon reasonable notice to the interconnection customer. 1.8 Each of the Parties shall provide the other party access to areas under its control as reasonably necessary to permit the other Party to perform its obligations under this Agreement, including operation and maintenance obligations. A Party that obtains such access shall comply with all safety rules applicable to the area to which access is obtained. Each Party agrees to inform the other Party’s representatives of safety rules applicable to an area. 1.9 If project authorization has not been granted by the Interconnection Customer per Attachment 3, Description, Costs and Time Required to Build and Install the EDC's Interconnection Facilities within one (1) year after the execution of this agreement, this agreement will no longer be effective. 1.10 Article 5.1.2 of the Interconnection Agreement shall be modified as followed; The parties agree Article 5 Section 1.2 is stricken in its entirety and replaced with, “Within 120 calendar days after completing the construction and installation of the EDC's interconnection facilities and distribution upgrades described in Attachments 2 and 3 to this Agreement, the EDC shall provide the interconnection customer with a final accounting report of any difference between (1) the actual cost incurred to complete the construction and installation of the EDC's interconnection facilities and distribution upgrades; and (2) the interconnection customer's previous deposit and aggregate payments to the EDC for the interconnection facilities and distribution upgrades. If the interconnection customer's cost responsibility exceeds its previous deposit and aggregate payments, the EDC shall invoice the interconnection customer for the amount due and the interconnection customer shall make payment to the EDC within 30 calendar days. If the interconnection customer's previous deposit and aggregate payments exceed its cost responsibility under this Agreement, the EDC shall refund to the interconnection customer an amount equal to the difference within 30 calendar days after the final accounting report. 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'"#)$('+)$#%$#)(#'$*)'%)$'(#)),!!*')'(!)+,$)%'$) '$"#'.%'$%')(#'$,.(3 (#$)$+0)$'$!'!'*()*.'(*!)($#$)$*#)$'#.-()#+))$#0 ()'*)*'(0$')$%$'%.))".(!('+)$#%$#)('$"!'3"))$#%!#()$0:>; (((())+#(($-()##%!##+))$#0#:?;$#(')$#!('## +))$#0#:@;%'$'")''.5()!)*#)$#(*))!'9#*#'!)+#!(' +$#)'*')$#("#"/3%!##+))+('##(-%))$'($!+) #)!'$*''#(3 )$#!#$'")$#(#0$#)) *(#/0+!$%"#)0 )!(#/<)%$#)9 3$"3 FORGESOLAR GLARE ANALYSIS Summary of Results Glare with potential for temporary after-image predicted PV Array Tilt Orient Annual Green Glare Annual Yellow Glare Energy ° ° min hr min hr kWh PV array 1 SA tracking SA tracking 5 0.1 2,447 40.8 20,870,000.0 Total annual glare received by each receptor; may include duplicate times of glare from multiple reflective surfaces. Receptor Annual Green Glare Annual Yellow Glare min hr min hr Route 1 0 0.0 12 0.2 Route 3 4 0.1 12 0.2 Route 4 0 0.0 726 12.1 OP 1 0 0.0 0 0.0 OP 2 0 0.0 45 0.8 OP 3 0 0.0 2 0.0 OP 4 0 0.0 0 0.0 OP 5 0 0.0 1,005 16.8 OP 6 0 0.0 9 0.1 OP 7 0 0.0 13 0.2 OP 8 0 0.0 0 0.0 OP 9 0 0.0 0 0.0 OP 10 0 0.0 0 0.0 OP 11 0 0.0 290 4.8 OP 12 0 0.0 8 0.1 Project: ILKE106 Site configuration: 5DEG RESTING ANGLE 5FT OP Created 20 Jul, 2022 Updated 09 Dec, 2022 Time-step 1 minute Timezone offset UTC-6 Site ID 72834.12819 Category 1 MW to 5 MW DNI peaks at 1,000.0 W/m^2 Ocular transmission coefficient 0.5 Pupil diameter 0.002 m Eye focal length 0.017 m Sun subtended angle 9.3 mrad Methodology V2 Page 1 of 23 Receptor Annual Green Glare Annual Yellow Glare min hr min hr OP 13 1 0.0 322 5.4 OP 14 0 0.0 0 0.0 OP 15 0 0.0 0 0.0 OP 16 0 0.0 0 0.0 OP 17 0 0.0 0 0.0 OP 18 0 0.0 0 0.0 OP 19 0 0.0 0 0.0 OP 20 0 0.0 0 0.0 OP 21 0 0.0 2 0.0 OP 22 0 0.0 1 0.0 OP 23 0 0.0 0 0.0 OP 24 0 0.0 0 0.0 Page 2 of 23 Component Data PV Arrays Name: PV array 1 Axis tracking: Single-axis rotation Backtracking: Shade-slope Tracking axis orientation: 180.0° Max tracking angle: 60.0° Resting angle: 0.0° Ground Coverage Ratio: 0.32 Rated power: 7500.0 kW Panel material: Smooth glass with AR coating Reflectivity: Vary with sun Slope error: correlate with material Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.695770 -88.422617 651.52 5.00 656.52 2 41.695786 -88.418454 650.35 5.00 655.35 3 41.692277 -88.418282 652.80 5.00 657.80 4 41.692037 -88.422510 651.71 5.00 656.71 5 41.692694 -88.423582 651.21 5.00 656.21 6 41.693655 -88.423003 651.64 5.00 656.64 7 41.694056 -88.422810 652.70 5.00 657.70 Page 3 of 23 Route Receptors Name: Route 1 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.705479 -88.446370 648.59 5.00 653.59 2 41.702787 -88.432552 656.03 5.00 661.03 3 41.701698 -88.428003 653.42 5.00 658.42 4 41.697597 -88.414098 648.55 5.00 653.55 5 41.697340 -88.412811 650.34 5.00 655.34 6 41.697276 -88.411781 650.63 5.00 655.63 7 41.698173 -88.408262 649.98 5.00 654.98 8 41.699135 -88.406631 651.10 5.00 656.10 9 41.700224 -88.404914 653.63 5.00 658.63 10 41.701954 -88.402425 654.89 5.00 659.89 Name: Route 3 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.698228 -88.408028 650.75 5.00 655.75 2 41.691829 -88.406147 654.40 5.00 659.40 3 41.684691 -88.405407 651.57 5.00 656.57 Page 4 of 23 Name: Route 4 Path type: Two-way Observer view angle: 50.0° Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 41.699726 -88.421491 654.79 5.00 659.79 2 41.697515 -88.422285 649.64 5.00 654.64 3 41.694295 -88.423165 653.41 5.00 658.41 4 41.693445 -88.423337 653.43 5.00 658.43 5 41.692708 -88.423916 651.65 5.00 656.65 6 41.690524 -88.426336 652.46 5.00 657.46 7 41.690091 -88.426830 651.60 5.00 656.60 8 41.689578 -88.427173 651.29 5.00 656.29 9 41.689154 -88.427377 651.21 5.00 656.21 10 41.686833 -88.427901 645.44 5.00 650.44 11 41.685672 -88.428073 641.45 5.00 646.45 Page 5 of 23 Discrete Observation Point Receptors Name ID Latitude (°) Longitude (°) Elevation (ft) Height (ft) OP 1 1 41.700932 -88.422182 657.54 5.00 OP 2 2 41.698812 -88.416327 655.69 5.00 OP 3 3 41.698632 -88.414943 651.78 5.00 OP 4 4 41.696138 -88.410528 649.33 5.00 OP 5 5 41.693097 -88.413342 651.67 5.00 OP 6 6 41.692597 -88.412597 648.92 5.00 OP 7 7 41.691270 -88.406592 649.49 5.00 OP 8 8 41.687777 -88.413809 646.95 5.00 OP 9 9 41.687521 -88.414061 647.82 5.00 OP 10 10 41.686972 -88.414684 647.48 5.00 OP 11 11 41.688301 -88.411563 649.67 5.00 OP 12 12 41.688186 -88.412033 649.15 5.00 OP 13 13 41.688413 -88.411102 649.87 5.00 OP 14 14 41.684823 -88.417582 648.05 5.00 OP 15 15 41.685304 -88.421173 641.73 5.00 OP 16 16 41.688254 -88.423818 645.41 5.00 OP 17 17 41.687777 -88.422986 648.41 5.00 OP 18 18 41.687762 -88.427398 648.13 5.00 OP 19 19 41.688136 -88.427299 650.38 5.00 OP 20 20 41.688336 -88.427280 650.50 5.00 OP 21 21 41.688497 -88.427251 650.93 5.00 OP 22 22 41.696180 -88.423846 653.29 5.00 OP 23 23 41.696036 -88.421094 651.27 5.00 OP 24 24 41.692207 -88.423862 654.74 0.00 Page 6 of 23 Glare Analysis Results Summary of Results Glare with potential for temporary after-image predicted PV Array Tilt Orient Annual Green Glare Annual Yellow Glare Energy ° ° min hr min hr kWh PV array 1 SA tracking SA tracking 5 0.1 2,447 40.8 20,870,000.0 Total annual glare received by each receptor; may include duplicate times of glare from multiple reflective surfaces. Receptor Annual Green Glare Annual Yellow Glare min hr min hr Route 1 0 0.0 12 0.2 Route 3 4 0.1 12 0.2 Route 4 0 0.0 726 12.1 OP 1 0 0.0 0 0.0 OP 2 0 0.0 45 0.8 OP 3 0 0.0 2 0.0 OP 4 0 0.0 0 0.0 OP 5 0 0.0 1,005 16.8 OP 6 0 0.0 9 0.1 OP 7 0 0.0 13 0.2 OP 8 0 0.0 0 0.0 OP 9 0 0.0 0 0.0 OP 10 0 0.0 0 0.0 OP 11 0 0.0 290 4.8 OP 12 0 0.0 8 0.1 OP 13 1 0.0 322 5.4 OP 14 0 0.0 0 0.0 OP 15 0 0.0 0 0.0 OP 16 0 0.0 0 0.0 OP 17 0 0.0 0 0.0 OP 18 0 0.0 0 0.0 OP 19 0 0.0 0 0.0 OP 20 0 0.0 0 0.0 OP 21 0 0.0 2 0.0 OP 22 0 0.0 1 0.0 OP 23 0 0.0 0 0.0 OP 24 0 0.0 0 0.0 Page 7 of 23 PV: PV array 1 potential temporary after-image Receptor results ordered by category of glare Receptor Annual Green Glare Annual Yellow Glare min hr min hr Route 1 0 0.0 12 0.2 Route 3 4 0.1 12 0.2 Route 4 0 0.0 726 12.1 OP 2 0 0.0 45 0.8 OP 3 0 0.0 2 0.0 OP 5 0 0.0 1,005 16.8 OP 6 0 0.0 9 0.1 OP 7 0 0.0 13 0.2 OP 11 0 0.0 290 4.8 OP 12 0 0.0 8 0.1 OP 13 1 0.0 322 5.4 OP 21 0 0.0 2 0.0 OP 22 0 0.0 1 0.0 OP 1 0 0.0 0 0.0 OP 4 0 0.0 0 0.0 OP 8 0 0.0 0 0.0 OP 9 0 0.0 0 0.0 OP 10 0 0.0 0 0.0 OP 14 0 0.0 0 0.0 OP 15 0 0.0 0 0.0 OP 16 0 0.0 0 0.0 OP 17 0 0.0 0 0.0 OP 18 0 0.0 0 0.0 OP 19 0 0.0 0 0.0 OP 20 0 0.0 0 0.0 OP 23 0 0.0 0 0.0 OP 24 0 0.0 0 0.0 Page 8 of 23 PV array 1 and Route 1 Receptor type: Route 12 minutes of yellow glare 0 minutes of green glare Page 9 of 23 PV array 1 and Route 2 Receptor type: Route 12 minutes of yellow glare 4 minutes of green glare Page 10 of 23 PV array 1 and Route 3 Receptor type: Route 726 minutes of yellow glare 0 minutes of green glare Page 11 of 23 PV array 1 and OP 4 Receptor type: Observation Point 45 minutes of yellow glare 0 minutes of green glare Page 12 of 23 PV array 1 and OP 2 Receptor type: Observation Point 2 minutes of yellow glare 0 minutes of green glare Page 13 of 23 PV array 1 and OP 5 Receptor type: Observation Point 1,005 minutes of yellow glare 0 minutes of green glare Page 14 of 23 PV array 1 and OP 6 Receptor type: Observation Point 9 minutes of yellow glare 0 minutes of green glare Page 15 of 23 PV array 1 and OP 7 Receptor type: Observation Point 13 minutes of yellow glare 0 minutes of green glare Page 16 of 23 PV array 1 and OP 11 Receptor type: Observation Point 290 minutes of yellow glare 0 minutes of green glare Page 17 of 23 PV array 1 and OP 14 Receptor type: Observation Point 8 minutes of yellow glare 0 minutes of green glare Page 18 of 23 PV array 1 and OP 12 Receptor type: Observation Point 322 minutes of yellow glare 1 minutes of green glare Page 19 of 23 PV array 1 and OP 41 Receptor type: Observation Point 2 minutes of yellow glare 0 minutes of green glare Page 20 of 23 PV array 1 and OP 44 Receptor type: Observation Point 1 minutes of yellow glare 0 minutes of green glare PV array 1 and OP 1 Receptor type: Observation Point No glare found PV array 1 and OP 3 Receptor type: Observation Point No glare found PV array 1 and OP 8 Receptor type: Observation Point No glare found PV array 1 and OP 9 Receptor type: Observation Point No glare found PV array 1 and OP 10 Receptor type: Observation Point No glare found PV array 1 and OP 13 Receptor type: Observation Point No glare found Page 21 of 23 PV array 1 and OP 15 Receptor type: Observation Point No glare found PV array 1 and OP 16 Receptor type: Observation Point No glare found PV array 1 and OP 17 Receptor type: Observation Point No glare found PV array 1 and OP 18 Receptor type: Observation Point No glare found PV array 1 and OP 19 Receptor type: Observation Point No glare found PV array 1 and OP 40 Receptor type: Observation Point No glare found PV array 1 and OP 42 Receptor type: Observation Point No glare found PV array 1 and OP 43 Receptor type: Observation Point No glare found Page 22 of 23 Assumptions Default glare analysis parameters and observer eye characteristics (for reference only): • Analysis time interval: 1 minute • Ocular transmission coefficient: 0.5 • Pupil diameter: 0.002 meters • Eye focal length: 0.017 meters • Sun subtended angle: 9.3 milliradians 2016 © Sims Industries d/b/a ForgeSolar, All Rights Reserved. "Green" glare is glare with low potential to cause an after-image (flash blindness) when observed prior to a typical blink response time. "Yellow" glare is glare with potential to cause an after-image (flash blindness) when observed prior to a typical blink response time. Times associated with glare are denoted in Standard time. For Daylight Savings, add one hour. The algorithm does not rigorously represent the detailed geometry of a system; detailed features such as gaps between modules, variable height of the PV array, and support structures may impact actual glare results. However, we have validated our models against several systems, including a PV array causing glare to the air-traffic control tower at Manchester-Boston Regional Airport and several sites in Albuquerque, and the tool accurately predicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to algorithm limitations. This may affect results for large PV footprints. Additional analyses of array sub-sections can provide additional information on expected glare. This primarily affects V1 analyses of path receptors. Random number computations are utilized by various steps of the annual hazard analysis algorithm. Predicted minutes of glare can vary between runs as a result. This limitation primarily affects analyses of Observation Point receptors, including ATCTs. Note that the SGHAT/ ForgeSolar methodology has always relied on an analytical, qualitative approach to accurately determine the overall hazard (i.e. green vs. yellow) of expected glare on an annual basis. The analysis does not automatically consider obstacles (either man-made or natural) between the observation points and the prescribed solar installation that may obstruct observed glare, such as trees, hills, buildings, etc. The subtended source angle (glare spot size) is constrained by the PV array footprint size. Partitioning large arrays into smaller sections will reduce the maximum potential subtended angle, potentially impacting results if actual glare spots are larger than the sub-array size. Additional analyses of the combined area of adjacent sub-arrays can provide more information on potential glare hazards. (See previous point on related limitations.) The variable direct normal irradiance (DNI) feature (if selected) scales the user-prescribed peak DNI using a typical clear-day irradiance profile. This profile has a lower DNI in the mornings and evenings and a maximum at solar noon. The scaling uses a clear-day irradiance profile based on a normalized time relative to sunrise, solar noon, and sunset, which are prescribed by a sun-position algorithm and the latitude and longitude obtained from Google maps. The actual DNI on any given day can be affected by cloud cover, atmospheric attenuation, and other environmental factors. The ocular hazard predicted by the tool depends on a number of environmental, optical, and human factors, which can be uncertain. We provide input fields and typical ranges of values for these factors so that the user can vary these parameters to see if they have an impact on the results. The speed of SGHAT allows expedited sensitivity and parametric analyses. The system output calculation is a DNI-based approximation that assumes clear, sunny skies year-round. It should not be used in place of more rigorous modeling methods. Hazard zone boundaries shown in the Glare Hazard plot are an approximation and visual aid based on aggregated research data. Actual ocular impact outcomes encompass a continuous, not discrete, spectrum. Glare locations displayed on receptor plots are approximate. Actual glare-spot locations may differ. Refer to the Help page at www.forgesolar.com/help/ for assumptions and limitations not listed here. Page 23 of 23 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-AGL-15657-OE Page 1 of 4 Issued Date: 08/12/2022 Scott Osborn TPE IL KE106, LLC 3720 S. Dahlia Street Denver, CO 80237 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Solar Panel KE106 Location: Bristol, IL Latitude: 41-41-44.16N NAD 83 Longitude: 88-25-20.98W Heights: 650 feet site elevation (SE) 15 feet above ground level (AGL) 665 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: See attachment for additional condition(s) or information. Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 02/12/2024 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (816) 329-2525, or natalie.schmalbeck@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- AGL-15657-OE. Signature Control No: 542230381-547794923 ( DNE ) Natalie Schmalbeck Technician Attachment(s) Additional Information Map(s) Page 3 of 4 Additional information for ASN 2022-AGL-15657-OE As part of an FAA determination, we do not evaluate the following structures: . Security fencing . Security light poles . Any utility poles used to tie into the National Grid/power company . Anything taller than the proposed height of 15 ft. AGL to include any associated construction equipment that may exceed the AMSL height. If any of these are pertinent, please check if "NOTICE IS REQUIRED" and submit studies if applicable. Page 4 of 4 Verified Map for ASN 2022-AGL-15657-OE                 WHITE PAPER Health and Safety Impacts of Solar Photovoltaics By Tommy Cleveland May 2017 Contents 1.1 • Project Installation / Construction...................................................................4 1.2 • System Components | 1.2.1 Solar Panels: Construction and Durability........5 1.2.2 • Photovoltaic (PV) Technologies...................................................................7 1.2.3. • Panel End-of-Life Management...............................................................10 1.2.4 • Non-Panel System Components (racking, wiring, inverter, transformer)..12 1.4 • Operations and Maintenance – Panel Washing and Vegetation Control....13 2 • Electromagnetic Fields (EMF)........................................................................14 3 • Electric Shock and Arc Flash Hazards ...........................................................16 4 • Fire Safety.......................................................................................................16 Summary..............................................................................................................17 Health and Safety Impacts of Solar Photovoltaics May 2017 | Version 1 3 The increasing presence of utility-scale solar pho- tovoltaic (PV) systems (sometimes referred to as solar farms) is a rather new development in North Carolina’s landscape. Due to the new and un- known nature of this technology, it is natural for communities near such developments to be con- cerned about health and safety impacts. Unfortu- nately, the quick emergence of utility-scale solar has cultivated fertile grounds for myths and half- truths about the health impacts of this technology, ZKLFKFDQOHDGWRXQQHFHVVDU\IHDUDQGFRQÀLFW Photovoltaic (PV) technologies and solar inverters DUHQRWNQRZQWRSRVHDQ\VLJQL¿FDQWKHDOWKGDQ- gers to their neighbors. The most important dan- JHUVSRVHGDUHLQFUHDVHGKLJKZD\WUDI¿FGXULQJ the relative short construction period and dangers posed to trespassers of contact with high voltage equipment. This latter risk is mitigated by signage and the security measures that industry uses to deter trespassing. As will be discussed in more detail below, risks of site contamination are much less than for most other industrial uses because PV technologies employ few toxic chemicals and those used are used in very small quantities. Due to the reduction in the pollution from fossil-fu- HO¿UHGHOHFWULFJHQHUDWRUVWKHRYHUDOOLPSDFWRI solar development on human health is overwhelm- ingly positive. This pollution reduction results from DSDUWLDOUHSODFHPHQWRIIRVVLOIXHO¿UHGJHQHUDWLRQ by emission-free PV-generated electricity, which reduces harmful sulfur dioxide (SO2), nitrogen ox- LGHV 12[ DQG¿QHSDUWLFXODWHPDWWHU 30  Analysis from the National Renewable Energy Laboratory and the Lawrence Berkeley National /DERUDWRU\ERWKDI¿OLDWHVRIWKH86'HSDUWPHQW of Energy, estimates the health-related air quali- W\EHQH¿WVWRWKHVRXWKHDVWUHJLRQIURPVRODU39 generators to be worth 8.0 ¢ per kilowatt-hour of solar generation.1 This is in addition to the value of the electricity and VXJJHVWVWKDWWKHDLUTXDOLW\EHQH¿WVRIVRODUDUH worth more than the electricity itself. Even though we have only recently seen large- scale installation of PV technologies, the technol- ogy and its potential impacts have been studied since the 1950s. A combination of this solar-spe- FL¿FUHVHDUFKDQGJHQHUDOVFLHQWL¿FUHVHDUFKKDV OHGWRWKHVFLHQWL¿FFRPPXQLW\KDYLQJDJRRGXQ- derstanding of the science behind potential health and safety impacts of solar energy. This paper uti- OL]HVWKHODWHVWVFLHQWL¿FOLWHUDWXUHDQGNQRZOHGJH of solar practices in N.C. to address the health and safety risks associated with solar PV technol- ogy. These risks are extremely small, far less than those associated with common activities such as driving a car, and vastly outweighed by health ben- H¿WVRIWKHJHQHUDWLRQRIFOHDQHOHFWULFLW\ This paper addresses the potential health and safety impacts of solar PV development in North Carolina, organized into the following four catego- ries: (1) Hazardous Materials (2) Electromagnetic Fields (EMF) (3) Electric Shock and Arc Flash (4) Fire Safety 1 • Hazardous Materials One of the more common concerns towards solar is that the panels (referred to as “modules” in the solar industry) consist of toxic materials that en- danger public health. However, as shown in this section, solar energy systems may contain small amounts of toxic materials, but these materials do not endanger public health. To understand poten- tial toxic hazards coming from a solar project, one must understand system installation, materials used, the panel end-of-life protocols, and system operation. This section will examine these aspects of a solar farm and the potential for toxicity im- pacts in the following subsections: (1.2) Project Installation/Construction (1.2) System Components 1.2.1 Solar Panels: Construction and Durability 1.2.2 Photovoltaic technologies (a) Crystalline Silicon (b) Cadmium Telluride (CdTe) (c) CIS/CIGS 1.2.3 Panel End of Life Management 1.2.4 Non-panel System Components (1.3) Operations and Maintenance 1.1 Project Installation/ Construction The system installation, or construction, process does not require toxic chemicals or processes. The site is mechanically cleared of large vegetation, fences are constructed, and the land is surveyed to layout exact installation locations. Trenches for underground wiring are dug and support posts are driven into the ground. The solar panels are bolt- ed to steel and aluminum support structures and wired together. Inverter pads are installed, and an inverter and transformer are installed on each pad. Once everything is connected, the system is tested, and only then turned on. May 2017 | Version 1 4 Figure 1: Utility-scale solar facility (5 MWAC) located in Catawba County. Source: Strata Solar Solar PV panels typically consist of glass, polymer, aluminum, copper, and semiconductor materials that can be recovered and recycled at the end of their useful life.2 Today there are two PV technol- ogies used in PV panels at utility-scale solar facil- LWLHVVLOLFRQDQGWKLQ¿OP$VRIDOOWKLQ¿OP used in North Carolina solar facilities are cadmium telluride (CdTe) panels from the US manufacturer )LUVW6RODUEXWWKHUHDUHRWKHUWKLQ¿OP39SDQHOV available on the market, such as Solar Frontier’s CIGS panels. Crystalline silicon technology con- sists of silicon wafers which are made into cells DQGDVVHPEOHGLQWRSDQHOVWKLQ¿OPWHFKQRORJLHV consist of thin layers of semiconductor material deposited onto glass, polymer or metal substrates. While there are differences in the components and manufacturing processes of these two types of so- lar technologies, many aspects of their PV panel FRQVWUXFWLRQDUHYHU\VLPLODU6SHFL¿FVDERXWHDFK type of PV chemistry as it relates to toxicity are covered in subsections a, b, and c in section 1.2.2; on crystalline silicon, cadmium telluride, and CIS/ CIGS respectively. The rest of this section applies HTXDOO\WRERWKVLOLFRQDQGWKLQ¿OPSDQHOV 1.2 • System Components 1.2.1 Solar Panels: Construction and Durability May 2017 | Version 1 5 To provide decades of corrosion-free operation, PV cells in PV panels are encapsulated from air and moisture between two layers of plastic. The encapsulation layers are protected on the top with a layer of tempered glass and on the backside with a polymer sheet. Frameless modules include a protective layer of glass on the rear of the pan- el, which may also be tempered. The plastic eth- ylene-vinyl acetate (EVA) commonly provides the cell encapsulation. For decades, this same mate- rial has been used between layers of tempered glass to give car windshields and hurricane win- dows their great strength. In the same way that a car windshield cracks but stays intact, the EVA layers in PV panels keep broken panels intact (see Figure 4). Thus, a damaged module does not generally create small pieces of debris; instead, it largely remains together as one piece. May 2017 | Version 1 6 Figure 4: The mangled PV panels in this picture illustrate the nature of broken solar panels; the glass cracks but the panel is still in one piece. Image Source: http://img.alibaba.com/pho- to/115259576/broken_solar_panel.jpg PV panels constructed with the same basic com- ponents as modern panels have been installed across the globe for well over thirty years.3 The long-term durability and performance demonstrat- ed over these decades, as well as the results of accelerated lifetime testing, helped lead to an in- dustrystandard 25-year power production warran- ty for PV panels. These power warranties warrant a PV panel to produce at least 80% of their origi- nal nameplate production after 25 years of use. A recent SolarCity and DNV GL study reported that today’s quality PV panels should be expected to UHOLDEO\DQGHI¿FLHQWO\SURGXFHSRZHUIRUWKLUW\¿YH years.4 Local building codes require all structures, includ- ing ground mounted solar arrays, to be engineered WRZLWKVWDQGDQWLFLSDWHGZLQGVSHHGVDVGH¿QHG by the local wind speed requirements. Many rack- ing products are available in versions engineered for wind speeds of up to 150 miles per hour, which LVVLJQL¿FDQWO\KLJKHUWKDQWKHZLQGVSHHGUHTXLUH- ment anywhere in North Carolina. The strength of PV mounting structures were demonstrated during Hurricane Sandy in 2012 and again during Hurri- cane Matthew in 2016. During Hurricane Sandy, the many large-scale solar facilities in New Jer- sey and New York at that time suffered only minor damage.5 In the fall of 2016, the US and Carib- bean experienced destructive winds and torrential rains from Hurricane Matthew, yet one leading so- lar tracker manufacturer reported that their numer- ous systems in the impacted area received zero GDPDJHIURPZLQGRUÀRRGLQJ6 In the event of a catastrophic event capable of dam- aging solar equipment, such as a tornado, the sys- tem will almost certainly have property insurance May 2017 | Version 1 7 that will cover the cost to cleanup and repair the project. It is in the best interest of the system own- er to protect their investment against such risks. It is also in their interest to get the project repaired and producing full power as soon as possible. Therefore, the investment in adequate insurance is a wise business practice for the system owner. For the same reasons, adequate insurance cover- age is also generally a requirement of the bank or ¿UPSURYLGLQJ¿QDQFLQJIRUWKHSURMHFW 1.2.2 Photovoltaic (PV) Technologies a. Crystalline Silicon This subsection explores the toxicity of sili- con-based PV panels and concludes that they do not pose a material risk of toxicity to public health and safety. Modern crystalline silicon PV panels, which account for over 90% of solar PV panels installed today, are, more or less, a commodity product. The overwhelming majority of panels installed in North Carolina are crystalline silicon SDQHOVWKDWDUHLQIRUPDOO\FODVVL¿HGDV7LHU,SDQ- els. Tier I panels are from well-respected manu- facturers that have a good chance of being able to honor warranty claims. Tier I panels are under- stood to be of high quality, with predictable perfor- mance, durability, and content. Well over 80% (by weight) of the content of a PV panel is the tem- pered glass front and the aluminum frame, both of which are common building materials. Most of the remaining portion are common plastics, including polyethylene terephthalate in the backsheet, EVA encapsulation of the PV cells, polyphenyl ether in the junction box, and polyethylene insulation on the wire leads. The active, working components of the system are the silicon photovoltaic cells, the small electrical leads connecting them togeth- er, and to the wires coming out of the back of the panel. The electricity generating and conducting components makeup less than 5% of the weight of most panels. The PV cell itself is nearly 100% silicon, and silicon is the second most common element in the Earth’s crust. The silicon for PV cells is obtained by high-temperature processing of quartz sand (SiO2) that removes its oxygen PROHFXOHV7KHUH¿QHGVLOLFRQLVFRQYHUWHGWRD PV cell by adding extremely small amounts of bo- ron and phosphorus, both of which are common and of very low toxicity. The other minor components of the PV cell are also generally benign; however, some contain lead, which is a human toxicant that is particularly harmful to young children. The minor components LQFOXGH DQ H[WUHPHO\ WKLQ DQWLUHÀHFWLYH FRDWLQJ (silicon nitride or titanium dioxide), a thin layer of aluminum on the rear, and thin strips of silver alloy that are screen-printed on the front and rear of cell.7 In order for the front and rear electrodes to make effective electrical contact with the proper layer of the PV cell, other materials (called glass frit) are mixed with the silver alloy and then heated to etch the metals into the cell. This glass frit historically contains a small amount of lead (Pb) in the form of lead oxide. The 60 or 72 PV cells in a PV panel are connected by soldering thin solder-covered cop- per tabs from the back of one cell to the front of the next cell. Traditionally a tin-based solder contain- ing some lead (Pb) is used, but some manufactur- ers have switched to lead-free solder. The glass frit and/or the solder may contain trace amounts of other metals, potentially including some with hu- man toxicity such as cadmium. However, testing to simulate the potential for leaching from broken panels, which is discussed in more detail below, GLGQRW¿QGDSRWHQWLDOWR[LFLW\WKUHDWIURPWKHVH trace elements. Therefore, the tiny amount of lead in the grass frit and the solder is the only part of silicon PV panels with a potential to create a neg- ative health impact. However, as described below, the very limited amount of lead involved and its strong physical and chemical attachment to other components of the PV panel means that even in worst-case scenarios the health hazard it poses is LQVLJQL¿FDQW May 2017 | Version 1 8 As with many electronic industries, the solder in sil- icon PV panels has historically been a leadbased solder, often 36% lead, due to the superior prop- erties of such solder. However, recent advances in lead-free solders have spurred a trend among PV panel manufacturers to reduce or remove the lead in their panels. According to the 2015 Solar Scorecard from the Silicon Valley Toxics Coalition, a group that tracks environmental responsibili- ty of photovoltaic panel manufacturers, fourteen companies (increased from twelve companies in  PDQXIDFWXUH39SDQHOVFHUWL¿HGWRPHHWWKH European Restriction of Hazardous Substances (RoHS) standard. This means that the amount of cadmium and lead in the panels they manufacture fall below the RoHS thresholds, which are set by the European Union and serve as the world’s de facto standard for hazardous substances in man- ufactured goods.8 The Restriction of Hazardous Substances (RoHS) standard requires that the maximum concentration found in any homog- enous material in a produce is less than 0.01% cadmium and less than 0.10% lead, therefore, any solder can be no more than 0.10% lead.9 While some manufacturers are producing PV panels that meet the RoHS standard, there is no requirement that they do so because the RoHS Directive explicitly states that the directive does not apply to photovoltaic panels.107KHMXVWL¿FDWLRQ for this is provided in item 17 of the current RoHS Directive: “The development of renewable forms of energy is one of the Union’s key objectives, and the contribution made by renewable energy sources to environmental and climate objectives is crucial. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (4) recalls that there should be coherence between those objectives and other Union envi- ronmental legislation. Consequently, this Directive should not prevent the development of renewable energy technologies that have no negative impact on health and the environment and that are sus- tainable and economically viable.” The use of lead is common in our modern econo- my. However, only about 0.5% of the annual lead consumption in the U.S. is for electronic solder for all uses; PV solder makes up only a tiny portion of this 0.5%. Close to 90% of lead consumption in the US is in batteries, which do not encapsu- late the pounds of lead contained in each typical automotive battery. This puts the lead in batteries at great risk of leaching into the environment. Es- timates for the lead in a single PV panel with lead- based solder range from 1.6 to 24 grams of lead, with 13g (less than half of an ounce) per panel seen most often in the literature.11 At 13 g/panel12, each panel contains one-half of the lead in a typi- cal 12-gauge shotgun shell. This amount equates to roughly 1/750th of the lead in a single car bat- tery. In a panel, it is all durably encapsulated from air or water for the full life of the panel.14 As indicated by their 20 to 30-year power warran- ty, PV modules are designed for a long service life, generally over 25 years. For a panel to comply with its 25-year power warranty, its internal components, including lead, must be sealed from any moisture. Otherwise, they would corrode and the panel’s out- put would fall below power warranty levels. Thus, the lead in operating PV modules is not at risk of release to the environment during their service life- time. In extreme experiments, researchers have shown that lead can leach from crushed or pulver- ized panels.15, 16 However, more real-world tests designed to represent typical trash compaction that are used to classify waste as hazardous or non- hazardous show no danger from leaching.17,18 For more information about PV panel end-of-life, see the Panel Disposal section. As illustrated throughout this section, silicon-based PV panels do not pose a material threat to public health and safety. The only aspect of the panels with potential toxicity concerns is the very small amount of lead in some panels. However, any lead in a panel is well sealed from environmental expo- sure for the operating lifetime of the solar panel and thus not at risk of release into the environment. May 2017 | Version 1 9 b. Cadmium Telluride (CdTe) PV Panels This subsection examines the components of a cadmium telluride (CdTe) PV panel. Research demonstrates that they pose negligible toxicity ULVNWRSXEOLFKHDOWKDQGVDIHW\ZKLOHVLJQL¿FDQW- ly reducing the public’s exposure to cadmium by reducing coal emissions. As of mid-2016, a few hundred MWs of cadmium telluride (CdTe) panels, all manufactured by the U.S. company First Solar, have been installed in North Carolina. Questions about the potential health and environ- mental impacts from the use of this PV technology are related to the concern that these panels con- tain cadmium, a toxic heavy metal. However, sci- HQWL¿FVWXGLHVKDYHVKRZQWKDWFDGPLXPWHOOXULGH differs from cadmium due to its high chemical and thermal stability.19 Research has shown that the tiny amount of cadmium in these panels does not pose a health or safety risk.20 Further, there are very compelling reasons to welcome its adoption due to reductions in unhealthy pollution associat- ed with burning coal. Every GWh of electricity gen- erated by burning coal produces about 4 grams of cadmium air emissions.21 Even though North Car- ROLQDSURGXFHVDVLJQL¿FDQWIUDFWLRQRIRXUHOHF- tricity from coal, electricity from solar offsets much more natural gas than coal due to natural gas plants being able to adjust their rate of production more easily and quickly. If solar electricity offsets 90% natural gas and 10% coal, each 5-megawatt (5 MWAC, which is generally 7 MWDC) CdTe solar facility in North Carolina keeps about 157 grams, or about a third of a pound, of cadmium out of our environment.22, 23 Cadmium is toxic, but all the approximately 7 grams of cadmium in one CdTe panel is in the form of a chemical compound cadmium telluride,24 which has 1/100th the toxicity of free cadmium.25 Cadmium telluride is a very stable compound that is non-volatile and non-soluble in water. Even in WKHFDVHRID¿UHUHVHDUFKVKRZVWKDWOHVVWKDQ 0.1% of the cadmium is released when a CdTe SDQHOLVH[SRVHGWR¿UH7KH¿UHPHOWVWKHJODVV and encapsulates over 99.9% of the cadmium in the molten glass.27 It is important to understand the source of the cad- mium used to manufacture CdTe PV panels. The FDGPLXPLVDE\SURGXFWRI]LQFDQGOHDGUH¿QLQJ The element is collected from emissions and waste streams during the production of these metals and combined with tellurium to create the CdTe used in PV panels. If the cadmium were not collected for use in the PV panels or other products, it would otherwise either be stockpiled for future use, ce- mented and buried, or disposed of.28 Nearly all the cadmium in old or broken panels can be recycled which can eventually serve as the primary source of cadmium for new PV panels.29 Similar to silicon-based PV panels, CdTe panels are constructed of a tempered glass front, one instead of two clear plastic encapsulation layers, and a rear heat strengthened glass backing (to- JHWKHU!E\ZHLJKW 7KH¿QDOSURGXFWLVEXLOW to withstand exposure to the elements without VLJQL¿FDQWGDPDJHIRURYHU\HDUV:KLOHQRW representative of damage that may occur in the ¿HOGRUHYHQDWDODQG¿OOODERUDWRU\HYLGHQFHKDV LOOXVWUDWHGWKDWZKHQSDQHOVDUHJURXQGLQWRD¿QH powder, very acidic water is able to leach portions of the cadmium and tellurium,30 similar to the pro- cess used to recycle CdTe panels. Like many sil- icon-based panels, CdTe panels are reported (as far back ask 199831 to pass the EPA’s Toxic Char- acteristic Leaching Procedure (TCLP) test, which WHVWVWKHSRWHQWLDOIRUFUXVKHGSDQHOVLQDODQG¿OOWR leach hazardous substances into groundwater.32 3DVVLQJWKLVWHVWPHDQVWKDWWKH\DUHFODVVL¿HG as non-hazardous waste and can be deposited in ODQG¿OOV33,34 For more information about PV panel end-of-life, see the Panel Disposal section. There is also concern of environmental impact re- sulting from potential catastrophic events involv- ing CdTe PV panels. An analysis of worst-case scenarios for environmental impact from CdTe PV May 2017 | Version 1 10 SDQHOVLQFOXGLQJHDUWKTXDNHV¿UHVDQGÀRRGV was conducted by the University of Tokyo in 2013. After reviewing the extensive international body of research on CdTe PV technology, their report concluded, “Even in the worst-case scenarios, it is unlikely that the Cd concentrations in air and sea water will exceed the environmental regulation values.”35 In a worst-case scenario of damaged SDQHOV DEDQGRQHG RQ WKH JURXQG LQVLJQL¿FDQW amounts of cadmium will leach from the panels. This is because this scenario is much less condu- cive (larger module pieces, less acidity) to leach- ing than the conditions of the EPA’s TCLP test XVHGWRVLPXODWHODQG¿OOFRQGLWLRQVZKLFK&G7H panels pass.36 )LUVW6RODUD86FRPSDQ\DQGWKHRQO\VLJQL¿- cant supplier of CdTe panels, has a robust panel take-back and recycling program that has been operating commercially since 2005.37 The compa- ny states that it is “committed to providing a com- mercially attractive recycling solution for photovol- taic (PV) power plant and module owners to help them meet their module (end of life) EOL obliga- tion simply, costeffectively and responsibly.” First Solar global recycling services to their custom- ers to collect and recycle panels once they reach the end of productive life whether due to age or damage. These recycling service agreements are VWUXFWXUHGWREH¿QDQFLDOO\DWWUDFWLYHWRERWK)LUVW Solar and the solar panel owner. For First Solar, the contract provides the company with an afford- able source of raw materials needed for new pan- els and presumably a diminished risk of undesired UHOHDVHRI&G7KHFRQWUDFWDOVREHQH¿WVWKHVRODU panel owner by allowing them to avoid tipping fees at a waste disposal site. The legal contract helps provide peace of mind by ensuring compliance by both parties when considering the continuing trend of rising disposal costs and increasing regulatory requirements. c. CIS/CIGS and other PV technologies Copper indium gallium selenide PV technology, of- ten referred to as CIGS, is the second most com- PRQW\SHRIWKLQ¿OP39SDQHOEXWDGLVWDQWVHFRQG behind CdTe. CIGS cells are composed of a thin layer of copper, indium, gallium, and selenium on a glass or plastic backing. None of these elements are very toxic, although selenium is a regulated metal under the Federal Resource Conservation and Recovery Act (RCRA).38 The cells often also KDYHDQH[WUHPHO\WKLQOD\HURIFDGPLXPVXO¿GH that contains a tiny amount of cadmium, which is WR[LF7KHSURPLVHRIKLJKHI¿FLHQF\&,*6SDQ- els drove heavy investment in this technology in the past. However, researchers have struggled WRWUDQVIHUKLJKHI¿FLHQF\VXFFHVVLQWKHODEWR ORZFRVWIXOOVFDOHSDQHOVLQWKH¿HOG39 Recently, a CIGS manufacturer based in Japan, Solar Fron- tier, has achieved some market success with a rig- id, glass-faced CIGS module that competes with silicon panels. Solar Frontier produces the major- ity of CIS panels on the market today.40 Notably, these panels are RoHS compliant,41 thus meeting the rigorous toxicity standard adopted by the Eu- ropean Union even thought this directive exempts PV panels. The authors are unaware of any com- pleted or proposed utility-scale system in North Carolina using CIS/CIGS panels. 1.2.3 Panel End-of-Life Management Concerns about the volume, disposal, toxicity, and recycling of PV panels are addressed in this sub- section. To put the volume of PV waste into per- spective, consider that by 2050, when PV systems installed in 2020 will reach the end of their lives, it is estimated that the global annual PV panel waste tonnage will be 10% of the 2014 global e-waste tonnage.42 In the U.S., end-of-life disposal of so- lar products is governed by the Federal Resource Conservation and Recovery Act (RCRA), as well as state policies in some situations. RCRA sepa- rates waste into hazardous (not accepted at ordi- QDU\ODQG¿OO DQGVROLGZDVWH JHQHUDOO\DFFHSWHG May 2017 | Version 1 11 DWRUGLQDU\ODQG¿OO EDVHGRQDVHULHVRIUXOHV$F- cording to RCRA, the way to determine if a PV SDQHOLVFODVVL¿HGDVKD]DUGRXVZDVWHLVWKH7R[LF Characteristic Leaching Procedure (TCLP) test. 7KLV(3$WHVWLVGHVLJQHGWRVLPXODWHODQG¿OOGLV- posal and determine the risk of hazardous sub- VWDQFHVOHDFKLQJRXWRIWKHODQG¿OO43,44,45 Multiple sources report that most modern PV panels (both crystalline silicon and cadmium telluride) pass the TCLP test.46,47 Some studies found that some older (1990s) crystalline silicon panels, and perhaps some newer crystalline silicon panels VSHFL¿FVDUHQRWJLYHQDERXWYLQWDJHRISDQHOV tested), do not pass the lead (Pb) leachate limits in the TCLP test.48,49 The test begins with the crushing of a panel into centimeter-sized pieces. The pieces are then mixed in an acid bath. After tumbling for eighteen KRXUVWKHÀXLGLVWHVWHGIRUIRUW\KD]DUGRXVVXE- VWDQFHVWKDWDOOPXVWEHEHORZVSHFL¿FWKUHVKROG levels to pass the test. Research comparing TCLP conditions to conditions of damaged panels in the ¿HOGIRXQGWKDWVLPXODWHGODQG¿OOFRQGLWLRQVSUR- vide overly conservative estimates of leaching for ¿HOGGDPDJHGSDQHOV50 Additionally, research in Japan has found no detectable Cd leaching from cracked CdTe panels when exposed to simulated acid rain.51 Although modern panels can generally be land- ¿OOHGWKH\FDQDOVREHUHF\FOHG(YHQWKRXJK recent waste volume has not been adequate WR VXSSRUW VLJQL¿FDQW 39VSHFL¿F UHF\FOLQJ LQ- frastructure, the existing recycling industry in North Carolina reports that it recycles much of the current small volume of broken PV panels. In an informal survey conducted by the NC Clean Energy Technology Center survey in early 2016, seven of the eight large active North Carolina utility-scale solar developers surveyed report- ed that they send damaged panels back to the manufacturer and/or to a local recycler. Only one developer reported sending damaged panels to WKHODQG¿OO The developers reported at that time that they are usually paid a small amount per panel by local re- F\FOLQJ¿UPV,QHDUO\D39GHYHORSHUUH- ported that a local recycler was charging a small fee per panel to recycle damaged PV panels. The ORFDOUHF\FOLQJ¿UPNQRZQWRDXWKRUVWRDFFHSW39 panels described their current PV panel recycling practice as of early 2016 as removing the alumi- num frame for local recycling and removing the wire leads for local copper recycling. The remain- der of the panel is sent to a facility for processing the non-metallic portions of crushed vehicles, re- IHUUHGWRDV³ÀXII´LQWKHUHF\FOLQJLQGXVWU\52 This processing within existing general recycling plants DOORZV IRU VLJQL¿FDQW PDWHULDO UHFRYHU\ RI PDMRU components, including glass which is 80% of the module weight, but at lower yields than PV-spe- FL¿FUHF\FOLQJSODQWV1RWDEO\DOPRVWKDOIRIWKH material value in a PV panel is in the few grams of silver contained in almost every PV panel pro- duced today. In the long-term, dedicated PV panel recycling plants can increase treatment capacities and maximize revenues resulting in better output quality and the ability to recover a greater fraction of the useful materials.5339VSHFL¿FSDQHOUHF\- cling technologies have been researched and im- plemented to some extent for the past decade, and have been shown to be able to recover over 95% of PV material (semiconductor) and over 90% of the glass in a PV panel.54 A look at global PV recycling trends hints at the future possibilities of the practice in our country. Europe installed MW-scale volumes of PV years before the U.S. In 2007, a public-private partner- ship between the European Union and the solar industry set up a voluntary collection and recycling system called PV CYCLE. This arrangement was later made mandatory under the EU’s WEEE di- rective, a program for waste electrical and elec- tronic equipment.55 Its member companies (PV SDQHO SURGXFHUV  IXOO\ ¿QDQFH WKH DVVRFLDWLRQ This makes it possible for end-users to return the member companies’ defective panels for recycling at any of the over 300 collection points around May 2017 | Version 1 12 Europe without added costs. Additionally, PV CYCLE will pick up batches of 40 or more used panels at no cost to the user. This arrangement has been very successful, collecting and recycling over 13,000 tons by the end of 2015.56 In 2012, the WEEE Directive added the end-of-life collection and recycling of PV panels to its scope.57 This directive is based on the principle of extend- ed-producer-responsibility. It has a global impact be- cause producers that want to sell into the EU market are legally responsible for end-of-life management. Starting in 2018, this directive targets that 85% of PV products “put in the market” in Europe are recovered and 80% is prepared for reuse and recycling. The success of the PV panel collection and recycling practices in Europe provides promise for the future of recycling in the U.S. In mid-2016, the US Solar Energy Industry Association (SEIA) announced that they are starting a national solar panel recycling pro- gram with the guidance and support of many leading PV panel producers.58 The program will aggregate the services offered by recycling vendors and PV manufacturers, which will make it easier for consum- ers to select a cost-effective and environmentally re- sponsible end-of-life management solution for their PV products. According to SEIA, they are planning the program in an effort to make the entire industry ODQG¿OOIUHH,QDGGLWLRQWRWKHQDWLRQDOUHF\FOLQJQHW- work program, the program will provide a portal for system owners and consumers with information on how to responsibly recycle their PV systems. While a cautious approach toward the potential for negative environmental and/or health impacts from retired PV panels is fully warranted, this sec- tion has shown that the positive health impacts of reduced emissions from fossil fuel combustion from PV systems more than outweighs any poten- tial risk. Testing shows that silicon and CdTe pan- HOVDUHERWKVDIHWRGLVSRVHRILQODQG¿OOVDQGDUH also safe in worst case conditions of abandonment or damage in a disaster. Additionally, analysis by local engineers has found that the current salvage value of the equipment in a utility scale PV facili- ty generally exceeds general contractor estimates for the cost to remove the entire PV system.59,60,61 1.2.4 Non-Panel System Components (racking, wiring, inverter, transformer) While previous toxicity subsections discussed PV panels, this subsection describes the non-panel components of utility-scale PV systems and inves- tigates any potential public health and safety con- FHUQV7KHPRVWVLJQL¿FDQWQRQSDQHOFRPSRQHQW of a ground-mounted PV system is the mounting structure of the rows of panels, commonly referred to as “racking”. The vertical post portion of the rack- ing is galvanized steel and the remaining above- ground racking components are either galvanized steel or aluminum, which are both extremely com- mon and benign building materials. The inverters that make the solar generated electricity ready to send to the grid have weather-proof steel enclo- sures that protect the working components from WKHHOHPHQWV7KHRQO\ÀXLGVWKDWWKH\PLJKWFRQ- tain are associated with their cooling systems, which are not unlike the cooling system in a com- puter. Many inverters today are RoHS compliant. The electrical transformers (to boost the inverter output voltage to the voltage of the utility connec- tion point) do contain a liquid cooling oil. However, WKHÀXLGXVHGIRUWKDWIXQFWLRQLVHLWKHUDQRQWR[LF mineral oil or a biodegradable non-toxic vegetable oil, such as BIOTEMP from ABB. These vegetable transformer oils have the additional advantage of EHLQJPXFKOHVVÀDPPDEOHWKDQWUDGLWLRQDOPLQ- HUDO RLOV 6LJQL¿FDQW KHDOWK KD]DUGV DUH DVVRFL- ated with old transformers containing cooling oil with toxic PCBs. Transfers with PCB-containing oil were common before PCBs were outlawed in the U.S. in 1979. PCBs still exist in older transformers LQWKH¿HOGDFURVVWKHFRXQWU\ May 2017 | Version 1 13 Other than a few utility research sites, there are no batteries on- or off-site associated with utility-scale solar energy facilities in North Carolina, avoiding any potential health or safety concerns related to battery technologies. However, as battery technol- ogies continue to improve and prices continue to decline we are likely to start seeing some batter- ies at solar facilities. Lithium ion batteries current- ly dominate the world utility-scale battery market, which are not very toxic. No non-panel system components were found to pose any health or en- vironmental dangers. 1.4 Operations and Maintenance – Panel Washing and Vegetation Control Throughout the eastern U.S., the climate provides frequent and heavy enough rain to keep panels adequately clean. This dependable weather pat- tern eliminates the need to wash the panels on a regular basis. Some system owners may choose to wash panels as often as once a year to increase production, but most in N.C. do not regularly wash any PV panels. Dirt build up over time may justify panel washing a few times over the panels’ life- time; however, nothing more than soap and water are required for this activity. The maintenance of ground-mounted PV facili- ties requires that vegetation be kept low, both for aesthetics and to avoid shading of the PV panels. Several approaches are used to maintain vegeta- tion at NC solar facilities, including planting of lim- ited-height species, mowing, weed-eating, herbi- cides, and grazing livestock (sheep). The following descriptions of vegetation maintenance practices are based on interviews with several solar devel- RSHUVDVZHOODVZLWKWKUHHPDLQWHQDQFH¿UPVWKDW together are contracted to maintain well over 100 of the solar facilities in N.C. The majority of solar facilities in North Carolina maintain vegetation pri- marily by mowing. Each row of panels has a single row of supports, allowing sickle mowers to mow under the panels. The sites usually require mow- ing about once a month during the growing sea- son. Some sites employ sheep to graze the site, which greatly reduces the human effort required to maintain the vegetation and produces high quality lamb meat.62 In addition to mowing and weed eating, solar fa- cilities often use some herbicides. Solar facilities generally do not spray herbicides over the entire acreage; rather they apply them only in strategic locations such as at the base of the perimeter fence, around exterior vegetative buffer, on interior dirt roads, and near the panel support posts. Also unlike many row crop operations, solar facilities generally use only general use herbicides, which are available over the counter, as opposed to re- stricted use herbicides commonly used in com- mercial agriculture that require a special restricted use license. The herbicides used at solar facilities are primarily 2-4-D and glyphosate (Round-up®), which are two of the most common herbicides used in lawns, parks, and agriculture across the FRXQWU\ 2QH PDLQWHQDQFH ¿UP WKDW ZDV LQWHU- viewed sprays the grass with a class of herbicide known as a growth regulator in order to slow the growth of grass so that mowing is only required twice a year. Growth regulators are commonly used on highway roadsides and golf courses for the same purpose. A commercial pesticide appli- cator license is required for anyone other than the landowner to apply herbicides, which helps ensure that all applicators are adequately educated about proper herbicide use and application. The license must be renewed annually and requires passing RIDFHUWL¿FDWLRQH[DPDSSURSULDWHWRWKHDUHDLQ which the applicator wishes to work. Based on the limited data available, it appears that solar facili- WLHVLQ1&JHQHUDOO\XVHVLJQL¿FDQWO\OHVVKHUEL- cides per acre than most commercial agriculture or lawn maintenance services. May 2017 | Version 1 14 2. Electromagnetic Fields (EMF) PV systems do not emit any material during their operation; however, they do generate electromag- QHWLF¿HOGV (0) VRPHWLPHVUHIHUUHGWRDVUDGL- ation. EMF produced by electricity is non-ionizing radiation, meaning the radiation has enough en- ergy to move atoms in a molecule around (experi- enced as heat), but not enough energy to remove electrons from an atom or molecule (ionize) or to damage DNA. As shown below, modern humans are all exposed to EMF throughout our daily lives without negative health impact. Someone outside of the fenced perimeter of a solar facility is not H[SRVHGWRVLJQL¿FDQW(0)IURPWKHVRODUIDFLOLW\ Therefore, there is no negative health impact from the EMF produced in a solar farm. The following paragraphs provide some additional background and detail to support this conclusion. Since the 1970s, some have expressed concern over potential health consequences of EMF from electricity, but no studies have ever shown this EMF to cause health problems.63 These concerns are based on some epidemiological studies that found a slight increase in childhood leukemia associated with average exposure to residential SRZHUIUHTXHQF\PDJQHWLF¿HOGVDERYHWR μT (microteslas) (equal to 3.0 to 4.0 mG (milli- gauss)). μT and mG are both units used to mea- VXUHPDJQHWLF¿HOGVWUHQJWK)RUFRPSDULVRQWKH average exposure for people in the U.S. is one mG or 0.1 μT, with about 1% of the population with an average exposure in excess of 0.4 μT (or 4 mG).64 These epidemiological studies, which found an association but not a causal relation- ship, led the World Health Organization’s Interna- tional Agency for Research on Cancer (IARC) to FODVVLI\(/)PDJQHWLF¿HOGVDV³SRVVLEO\FDUFLQR- JHQLFWRKXPDQV´&RIIHHDOVRKDVWKLVFODVVL¿- FDWLRQ7KLVFODVVL¿FDWLRQPHDQVWKHUHLVOLPLWHG evidence but not enough evidence to designate as either a “probable carcinogen” or “human carcinogen”. Overall, there is very little concern that ELF EMF damages public health. The only concern that does exist is for long-term exposure above 0.4 μT (4 mG) that may have some con- nection to increased cases of childhood leuke- mia. In 1997, the National Academies of Science were directed by Congress to examine this con- cern and concluded: “Based on a comprehensive evaluation of pub- lished studies relating to the effects of power-fre- TXHQF\HOHFWULFDQGPDJQHWLF¿HOGVRQFHOOVWLV- VXHV DQG RUJDQLVPV LQFOXGLQJ KXPDQV  WKH conclusion of the committee is that the current body of evidence does not show that exposure WRWKHVH¿HOGVSUHVHQWVDKXPDQKHDOWKKD]DUG 6SHFL¿FDOO\ QR FRQFOXVLYH DQG FRQVLVWHQW HYL- dence shows that exposures to residential electric DQGPDJQHWLF¿HOGVSURGXFHFDQFHUDGYHUVHQHX- UREHKDYLRUDOHIIHFWVRUUHSURGXFWLYHDQGGHYHORS- PHQWDOHIIHFWV´65 7KHUHDUHWZRDVSHFWVWRHOHFWURPDJQHWLF¿HOGV DQHOHFWULF¿HOGDQGDPDJQHWLF¿HOG7KHHOHF- WULF¿HOGLVJHQHUDWHGE\YROWDJHDQGWKHPDJ- QHWLF¿HOGLVJHQHUDWHGE\HOHFWULFFXUUHQWLH PRYLQJHOHFWURQV$WDVNJURXSRIVFLHQWL¿FH[- perts convened by the World Health Organiza- tion (WHO) in 2005 concluded that there were no VXEVWDQWLYHKHDOWKLVVXHVUHODWHGWRHOHFWULF¿HOGV (0 to 100,000 Hz) at levels generally encoun- tered by members of the public.66 The relatively low voltages in a solar facility and the fact that HOHFWULF¿HOGVDUHHDVLO\VKLHOGHG LHEORFNHG  by common materials, such as plastic, metal, or soil means that there is no concern of negative KHDOWKLPSDFWVIURPWKHHOHFWULF¿HOGVJHQHUDWHG by a solar facility. Thus, the remainder of this sec- WLRQDGGUHVVHVPDJQHWLF¿HOGV0DJQHWLF¿HOGV are not shielded by most common materials and thus can easily pass through them. Both types of ¿HOGVDUHVWURQJHVWFORVHWRWKHVRXUFHRIHOHF- tric generation and weaken quickly with distance from the source. May 2017 | Version 1 15 The direct current (DC) electricity produced by PV panels produce stationary (0 Hz) electric and mag- QHWLF¿HOGV%HFDXVHRIPLQLPDOFRQFHUQDERXWSR- WHQWLDOULVNVRIVWDWLRQDU\¿HOGVOLWWOHVFLHQWL¿FUH- VHDUFKKDVH[DPLQHGVWDWLRQDU\¿HOGV¶LPSDFWRQ human health.67 In even the largest PV facilities, the DC voltages and currents are not very high. One can illustrate the weakness of the EMF gen- erated by a PV panel by placing a compass on an operating solar panel and observing that the nee- dle still points north. While the electricity throughout the majority of a solar site is DC electricity, the inverters convert this DC electricity to alternating current (AC) elec- tricity matching the 60 Hz frequency of the grid. Therefore, the inverters and the wires delivering this power to the grid are producing non-station- ary EMF, known as extremely low frequency (ELF) EMF, normally oscillating with a frequency of 60 Hz. This frequency is at the low-energy end of the electromagnetic spectrum. Therefore, it has less energy than other commonly encountered types of non-ionizing radiation like radio waves, infrared radiation, and visible light. The wide use of electricity results in background levels of ELF EMFs in nearly all locations where people spend time – homes, workplaces, schools, cars, the supermarket, etc. A person’s average ex- posure depends upon the sources they encounter, how close they are to them, and the amount of time they spend there.68 As stated above, the av- HUDJHH[SRVXUHWRPDJQHWLF¿HOGVLQWKH86LV estimated to be around one mG or 0.1 μT, but can vary considerably depending on a person’s expo- sure to EMF from electrical devices and wiring.69 At times we are often exposed to much higher ELF PDJQHWLF¿HOGVIRUH[DPSOHZKHQVWDQGLQJWKUHH IHHWIURPDUHIULJHUDWRUWKH(/)PDJQHWLF¿HOGLV 6 mG and when standing three feet from a micro- ZDYHRYHQWKH¿HOGLVDERXWP*70 The strength RIWKHVH¿HOGVGLPLQLVKTXLFNO\ZLWKGLVWDQFHIURP the source, but when surrounded by electricity in our homes and other buildings moving away from one source moves you closer to another. However, unless you are inside of the fence at a utility-scale solar facility or electrical substation it is impossible to get very close to the EMF sources. Because of this, EMF levels at the fence of electrical sub- stations containing high voltages and currents are considered “generally negligible”.71,72 The strength of ELF-EMF present at the perimeter of a solar facility or near a PV system in a commer- FLDORUUHVLGHQWLDOEXLOGLQJLVVLJQL¿FDQWO\ORZHUWKDQ the typical American’s average EMF exposure.73,74 Researchers in Massachusetts measured mag- QHWLF¿HOGVDW39SURMHFWVDQGIRXQGWKHPDJQHWLF ¿HOGVGURSSHGWRYHU\ORZOHYHOVRIP*RUOHVV and in many cases to less than background levels (0.2 mG), at distances of no more than nine feet from the residential inverters and 150 feet from the utility-scale inverters.75 Even when measured within a few feet of the utility-scale inverter, the (/)PDJQHWLF¿HOGVZHUHZHOOEHORZWKH,QWHUQD- tional Commission on Non-Ionizing Radiation Pro- WHFWLRQ¶V UHFRPPHQGHG PDJQHWLF ¿HOG OHYHO H[- posure limit for the general public of 2,000 mG.76 It is typical that utility scale designs locate large inverters central to the PV panels that feed them because this minimizes the length of wire required and shields neighbors from the sound of the in- verter’s cooling fans. Thus, it is rare for a large PV inverter to be within 150 feet of the project’s security fence. Anyone relying on a medical device such as pacemaker or other implanted device to maintain proper heart rhythm may have concern about the potential for a solar project to interfere with the operation of his or her device. However, there is no reason for concern because the EMF outside of the solar facility’s fence is less than 1/1000 of the level at which manufacturers test for ELF EMF interference, which is 1,000 mG.77 Manufacturers of potentially affected implanted devices often pro- vide advice on electromagnetic interference that includes avoiding letting the implanted device get WRRFORVHWRFHUWDLQVRXUFHVRI¿HOGVVXFKDVVRPH May 2017 | Version 1 16 household appliances, some walkie-talkies, and similar transmitting devices. Some manufactur- ers’ literature does not mention high-voltage pow- er lines, some say that exposure in public areas should not give interference, and some advise not spending extended periods of time close to power lines.78 3. Electric Shock and Arc Flash Hazards There is a real danger of electric shock to any- one entering any of the electrical cabinets such as combiner boxes, disconnect switches, inverters, or transformers; or otherwise coming in contact with voltages over 50 Volts.79 Another electrical KD]DUGLVDQDUFÀDVKZKLFKLVDQH[SORVLRQRIHQ- ergy that can occur in a short circuit situation. This H[SORVLYHUHOHDVHRIHQHUJ\FDXVHVDÀDVKRIKHDW and a shockwave, both of which can cause seri- ous injury or death. Properly trained and equipped technicians and electricians know how to safely install, test, and repair PV systems, but there is al- ways some risk of injury when hazardous voltages and/or currents are present. Untrained individuals should not attempt to inspect, test, or repair any aspect of a PV system due to the potential for inju- U\RUGHDWKGXHWRHOHFWULFVKRFNDQGDUFÀDVK7KH National Electric Code (NEC) requires appropriate levels of warning signs on all electrical compo- nents based on the level of danger determined by the voltages and current potentials. The national electric code also requires the site to be secured from unauthorized visitors with either a six-foot chain link fence with three strands of barbed wire or an eight-foot fence, both with adequate hazard warning signs. 4. Fire Safety 7KHSRVVLELOLW\RI¿UHVUHVXOWLQJIURPRULQWHQVL¿HG by PV systems may trigger concern among the JHQHUDOSXEOLFDVZHOODVDPRQJ¿UH¿JKWHUV+RZ- HYHUFRQFHUQRYHUVRODU¿UHKD]DUGVVKRXOGEH limited because only a small portion of materials in WKHSDQHOVDUHÀDPPDEOHDQGWKRVHFRPSRQHQWV FDQQRWVHOIVXSSRUWDVLJQL¿FDQW¿UH)ODPPDEOH components of PV panels include the thin layers of polymer encapsulates surrounding the PV cells, polymer backsheets (framed panels only), plas- tic junction boxes on rear of panel, and insulation on wiring. The rest of the panel is composed of QRQÀDPPDEOH FRPSRQHQWV QRWDEO\ LQFOXGLQJ one or two layers of protective glass that make up over three quarters of the panel’s weight. +HDWIURPDVPDOOÀDPHLVQRWDGHTXDWHWRLJQLWHD 39SDQHOEXWKHDWIURPDPRUHLQWHQVH¿UHRUHQ- ergy from an electrical fault can ignite a PV panel.80 One real-world example of this occurred during July 2015 in an arid area of California. Three acres RIJUDVVXQGHUDWKLQ¿OP39IDFLOLW\EXUQHGZLWKRXW LJQLWLQJWKHSDQHOVPRXQWHGRQ¿[HGWLOWUDFNVMXVW above the grass.81 While it is possible for electri- cal faults in PV systems on homes or commercial EXLOGLQJVWRVWDUWD¿UHWKLVLVH[WUHPHO\UDUH82 ,PSURYLQJXQGHUVWDQGLQJRIWKH39VSHFL¿FULVNV VDIHU V\VWHP GHVLJQV DQG XSGDWHG ¿UHUHODWHG codes and standards will continue to reduce the ULVNRI¿UHFDXVHGE\39V\VWHPV 39 V\VWHPV RQ EXLOGLQJV FDQ DIIHFW ¿UH¿JKWHUV in two primary ways, 1) impact their methods of ¿JKWLQJWKH¿UHDQG SRVHVDIHW\KD]DUGWRWKH ¿UH¿JKWHUV2QHRIWKHPRVWLPSRUWDQWWHFKQLTXHV WKDW¿UH¿JKWHUVXVHWRVXSSUHVV¿UHLVYHQWLODWLRQ of a building’s roof. This technique allows super- heated toxic gases to quickly exit the building. By GRLQJ VR WKH ¿UH¿JKWHUV JDLQ HDVLHU DQG VDIHU access to the building, Ventilation of the roof also PDNHVWKHFKDOOHQJHRISXWWLQJRXWWKH¿UHHDVLHU However, the placement of rooftop PV panels may interfere with ventilating the roof by limiting access to desired venting locations. 1HZ VRODUVSHFL¿F EXLOGLQJ FRGH UHTXLUHPHQWV are working to minimize these concerns. Also, the May 2017 | Version 1 17 latest National Electric Code has added require- PHQWVWKDWPDNHLWHDVLHUIRU¿UVWUHVSRQGHUVWR safely and effectively turn off a PV system. Con- FHUQIRU¿UH¿JKWLQJDEXLOGLQJZLWK39FDQEHUH- GXFHG ZLWK SURSHU ¿UH ¿JKWHU WUDLQLQJ V\VWHP design, and installation. Numerous organizations KDYHVWXGLHG¿UH¿JKWHUVDIHW\UHODWHGWR390DQ\ organizations have published valuable guides and training programs. Some notable examples are listed below. • The International Association of Fire Fight- ers (IAFF) and International Renewable Energy Council (IREC) partnered to create an online training course that is far beyond the PowerPoint click-andview model. The self-paced online course, “Solar PV Safety for Fire Fighters,” features rich video con- WHQWDQGVLPXODWHGHQYLURQPHQWVVR¿UH ¿JKWHUVFDQSUDFWLFHWKHNQRZOHGJHWKH\¶YH learned. www.iaff.org/pvsafetytraining • Photovoltaic Systems and the Fire Code: 2I¿FHRI1&)LUH0DUVKDO • Fire Service Training, Underwriter’s Labo- ratory • )LUH¿JKWHU6DIHW\DQG5HVSRQVHIRU6RODU Power Systems, National Fire Protection Research Foundation • Bridging the Gap: Fire Safety & Green Buildings, National Association of State Fire Marshalls • Guidelines for Fire Safety Elements of So- lar Photovoltaic Systems, Orange County Fire Chiefs Association • Solar Photovoltaic Installation Guidelines, California Department of Forestry & Fire 3URWHFWLRQ2I¿FHRIWKH6WDWH)LUH0DUVKDOO • 396DIHW\ )LUH¿JKWLQJ, Matthew Paiss, Homepower Magazine • PV Safety and Code Development: Mat- thew Paiss, Cooperative Research Network Summary The purpose of this paper is to address and al- leviate concerns of public health and safety for utility-scale solar PV projects. Concerns of public health and safety were divided and discussed in the four following sections: (1) Toxicity, (2) Electro- magnetic Fields, (3) Electric Shock and Arc Flash, and (4) Fire. In each of these sections, the nega- tive health and safety impacts of utility-scale PV development were shown to be negligible, while WKHSXEOLFKHDOWKDQGVDIHW\EHQH¿WVRILQVWDOOLQJ WKHVHIDFLOLWLHVDUHVLJQL¿FDQWDQGIDURXWZHLJKDQ\ negative impacts. 1 Wiser, Ryan, Trieu Mai, Dev Millstein, Jordan Macknick, Alberta Carpenter, Stuart Cohen, Wesley Cole, Bethany Frew, and Garvin A. Heath. 2016. On the Path to SunShot: The Environmental and Public +HDOWK%HQH¿WVRI$FKLHYLQJ+LJK3HQHWUDWLRQVRI Solar Energy in the United States. Golden, CO: Na- tional Renewable Energy Laboratory. Accessed March 2017, www.nrel.gov/docs/fy16osti/65628.pdf 2 IRENA and IEA-PVPS (2016), “End-of-Life Man- agement: Solar Photovoltaic Panels,” International Renewable Energy Agency and International Energy Agency Photovoltaic Power Systems. 3 National Renewable Energy Laboratory, Overview of Field Experience – Degradation Rates & Lifetimes. September 14, 2015. Solar Power International Con- ference. Accessed March 2017, www.nrel.gov/docs/fy15osti/65040.pdf 4 Miesel et al. SolarCity Photovoltaic Modules with 35 Year Useful Life. June 2016. Accessed March 2017. http://www.solarcity.com/newsroom/reports/solarci- ty-photovoltaic-modules-35-year-useful-life 5 David Unger. Are Renewables Stormproof? Hur- ULFDQH6DQG\7HVWV6RODU:LQG. November 2012. Accessed March 2017. http://www.csmonitor.com/Environment/Energy-Voic- es/2012/1119/Are-renewables-stormproof-Hurri- cane-Sandy-tests-solarwind & http://www.csmonitor. com/Environment/Energy-Voices/2012/1119/Are-re- newables-stormproof-Hurricane-Sandytests-solar-wind 6 NEXTracker and 365 Pronto, Tracking Your Solar Investment: Best Practices for Solar Tracker O&M. May 2017 | Version 1 18 Accessed March 2017. www.nextracker.com/content/uploads/2017/03/NEX- Tracker_OandM-WhitePaper_FINAL_March-2017.pdf 7 Christiana Honsberg, Stuart Bowden. Overview of Screen Printed Solar Cells. Accessed January 2017. www.pveducation.org/pvcdrom/manufacturing/ screen-printed 8 Silicon Valley Toxics Coalition. 2015 Solar Score- card. Accessed August 2016. www.solarscorecard.com/2015/2015-SVTC-Solar- Scorecard.pdf 9 European Commission. Recast of Reduction of +D]DUGRXV6XEVWDQFHV 5R+6 'LUHFWLYH. September 2016. Accessed August 2016. http://ec.europa.eu/environment/waste/rohs_eee/in- dex_en.htm 2I¿FLDO-RXUQDORIWKH(XURSHDQ8QLRQDIREC- TIVE 2011/65/EU OF THE EUROPEAN PARLIA- MENT AND OF THE COUNCIL of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. June 2011. Accessed May 2017. http://eur-lex.europa.eu/legalcontent/EN/TXT/PD- F/?uri=CELEX:32011L0065&from=en 11 Giancarlo Giacchetta, Mariella Leporini, Barbara Marchetti. (YDOXDWLRQRIWKH(QYLURQPHQWDO%HQH¿WVRI New High Value Process for the Management of the End of Life of Thin Film Photovoltaic Modules. July 2013. Accessed August 2016. www.researchgate.net/publication/257408804_Evalu- DWLRQBRIBWKHBHQYLURQPHQWDOBEHQH¿WVBRIBQHZBKLJKB value_process_for_the_management_of_the_end_ RIBOLIHBRIBWKLQB¿OPBSKRWRYROWDLFBPRGXOHV 12 European Commission. Study on Photovoltaic Panels Supplementing The Impact Assessment for a 5HFDVWRIWKH:HHH'LUHFWLYH. April 2011. Accessed August 2016. http://ec.europa.eu/environment/waste/weee/pdf/ 6WXG\RQ39V%LR¿QDOSGI 14 The amount of lead in a typical car battery is 21.4 pounds. Waste 360. Chaz Miller. Lead Acid Batteries. March 2006. Accessed August 2016. http://waste360.com/mag/waste_leadacid_batteries_3 15 Okkenhaug G. Leaching from CdTe PV module PDWHULDOUHVXOWVIURPEDWFKFROXPQDQGDYDLODELOLW\ tests. Norwegian Geotechnical Institute, NGI report No. 20092155-00-6-R; 2010 16 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching +D]DUGRXV6XEVWDQFHVRXWRI3KRWRYROWDLF0RGXOHV. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/arti- cle/download/485/298 17 ibid 18 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 19 Bonnet, D. and P. Meyers. 1998. Cadmium-tellu- ULGH²0DWHULDOIRUWKLQ¿OPVRODUFHOOV. J. Mater. Res., Vol. 13, No. 10, pp. 2740-2753 20 V. Fthenakis, K. Zweibel. CdTe PV: Real and Per- ceived EHS Risks. National Center ofr Photovoltaics and Solar Program Review Meeting, March 24-26, 2003. www.nrel.gov/docs/fy03osti/33561.pdf. Ac- cessed May 2017 21 International Energy Agency Photovoltaic Power Systems Programme. Life Cycle Inventories and Life Cycle Assessments of Photovoltaic Systems. March 2015. Accessed August 2016. http://iea-pvps.org/index.php?id=315 22 Data not available on fraction of various genera- tion sources offset by solar generation in NC, but this is believed to be a reasonable rough estimate. The SunShot report entitled The Environmental and Public +HDOWK%HQH¿WVRI$FKLHYLQJ+LJK3HQHWUDWLRQVRI Solar Energy in the United States analysis contributes VLJQL¿FDQW QRWSURYLGHG RIIVHWWLQJRIFRDO¿UHG generation by solar PV energy in the southeast. 23 7 MWDC * 1.5 GWh/MWDC * 25 years * 0.93 degradation factor * (0.1 *4.65 grams/GWh + 0.9*0.2 grams/GWh) 24 Vasilis Fthenakis. CdTe PV: Facts and Handy Comparisons. January 2003. Accessed March 2017. KWWSVZZZEQOJRYSY¿OHVSGIDUWBSGI 25 Kaczmar, S., Evaluating the Read-Across Ap- proach on CdTe Toxicity for CdTe Photovoltaics, SETAC North America 32nd Annual Meeting, Boston, MA, November 2011. Available at: ftp://ftp.co.imperial.ca.us/icpds/eir/campo-verdesolar/ ¿QDOHYDOXDWLQJWR[LFLW\SGI, Accessed May 2017 27 V. M. Fthenakis et al, Emissions and Encapsula- tion of Cadmium in CdTe PV Modules During Fires Renewable Progress in Photovoltaics: Research and Application: Res. Appl. 2005; 13:1–11, Accessed March 2017, ZZZEQOJRYSY¿OHVSGIDEVBSGI 28 Fthenakis V.M., Life Cycle Impact Analysis of Cad- mium in CdTe Photovoltaic Production, Renewable May 2017 | Version 1 19 and Sustainable Energy Reviews, 8, 303-334, 2004. www.clca.columbia.edu/papers/Life_Cycle_Impact_ Analysis_Cadmium_CdTe_Photovoltaic_production. pdf, Accessed May 2017 29 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. 30 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching +D]DUGRXV6XEVWDQFHVRXWRI3KRWRYROWDLF0RGXOHV. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/arti- cle/download/485/298 31 Cunningham D., Discussion about TCLP protocols, Photovoltaics and the Environment Workshop, July 23-24, 1998, Brookhaven National Laboratory, BNL- 52557 32 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 33 Practical Handbook of Photovoltaics: Fundamen- tals and Applications. T. Markvart and L. Castaner. &KDSWHU9,,2YHUYLHZRI3RWHQWLDO+D]DUGV. Decem- ber 2003. Accessed August 2016. KWWSVZZZEQOJRYSY¿OHVSGIDUWBSGI 34 Norwegian Geotechnical Institute. Environmental Risks Regarding the Use and End-of-Life Disposal of CdTe PV Modules. April 2010. Accessed August 2016. https://www.dtsc.ca.gov/LawsRegsPolicies/upload/ Norwegian-Geotechnical-InstituteStudy.pdf 35 First Solar. Dr. Yasunari Matsuno. December 2013. August 2016. Environmental Risk Assessment of CdTe PV Systems to be considered under Cata- strophic Events in Japan. KWWSZZZ¿UVWVRODUFRPPHGLD'RFXPHQWV6XV- tainability/PeerReviews/Japan_Peer-Review_Matsu- no_CdTe-PV-Tsunami.ashx 36 First Solar. Parikhit Sinha, Andreas Wade. As- sessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. 2015 IEEE 37 See p. 22 of First Solar, Sustainability Report. Available at: ZZZ¿UVWVRODUFRPPHGLD)LUVW6RODU6XVWDLQDELOL- ty-Documents/03801_FirstSolar_SustainabilityRe- port_08MAR16_Web.ashx, Accessed May 2017 38 40 CFR §261.24. Toxicity Characteristic. May 2017. Accessed May 2017. https://www.ecfr.gov/cgi-bin/textidx- ?node=se40.26.261_124&rgn=div8 2I¿FHRI(QHUJ\(I¿FLHQF\ 5HQHZDEOH(QHUJ\ Copper Indium Gallium Diselenide. Accessed March 2017. https://www.energy.gov/eere/sunshot/copper-indi- um-gallium-diselenide 40 Mathias Maehlum. Best Thin Film Solar Panels – $PRUSKRXV&DGPLXP7HOOXULGHRU&,*6" April 2015. Accessed March 2017. KWWSHQHUJ\LQIRUPDWLYHRUJEHVWWKLQ¿OPVRODUSDQ- els-amorphous-cadmium-telluride-cigs/ 5R+6WHVWHGFHUWL¿FDWHIRU6RODU)URQWLHU39PRG- ules. TUVRheinland, signed 11.11.2013 42 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of /LIH0DQDJHPHQW6RODU3KRWRYROWDLF3DQHOVJune 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publica- tions/IRENA_IEAPVPS_End-of-Life_Solar_PV_Pan- els_2016.pdf 43 40 C.F.R. §261.10. Identifying the Characteris- WLFVRI+D]DUGRXV:DVWHDQGIRU/LVWLQJ+D]DUGRXV :DVWH. November 2016. Accessed November 2016 http://www.ecfr.gov/cgi-bin/textidx?SID=ce0006d- 66da40146b490084ca2816143&mc=true&node=pt40. 26.261&rgn=div5#sp40.28.261.b 44 40 C.F.R. §261.24 Toxicity Characteristic. Novem- ber 2016. Accessed November 2016. http://www.ecfr.gov/cgi-bin/textidx?SID=ce0006d- 66da40146b490084ca2816143&mc=true&node=pt40. 26.261&rgn=div5#se40.28.261_124 45 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publica- tions/IRENA_IEAPVPS_End-of-Life_Solar_PV_Pan- els_2016.pdf 46 TLCP test results from third-party laboratories for REC, Jinko, and Canadian Solar silicon-based pan- els. Provided by PV panel manufacturers directly or indirectly to authors 47 Sinovoltaics, Introduction to Solar Panel Recycling, March 2014. Accessed October 2016. http://sinovoltaics.com/solarbasics/introduction-to-so- lar-panel-recycling/ 48 Brookhaven National Laboratory. Vasilis Fthenakis, May 2017 | Version 1 20 Regulations on Photovoltaic Module Disposal and Recycling. January 29, 2001. 49 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. 50 First Solar. Parikhit Sinha, Andreas Wade. As- sessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. October 2015. Accessed August 2016. KWWSZZZ¿UVWVRODUFRPPHGLD'RFXPHQWV6XV- tainability/PVSC42-Manuscript-20150912--Assess- ment-of-Leaching-Tests-for-Evaluating-PotentialEnvi- ronmental-Impa.ashx 51 First Solar. Dr. Yasunari Matsuno. December 2013. Environmental Risk Assessment of CdTe PV Systems to be considered under Catastrophic Events in Japan. KWWSZZZ¿UVWVRODUFRPPHGLD'RFXPHQWV6XV- tainability/PeerReviews/Japan_Peer-Review_Matsu- no_CdTe-PV-Tsunami.ashx 52 Phone interview, February 3, 2016, TT&E Iron & Metal, Garner, NC www.ncscrapmetal.com 53 Wen-His Huang, et al. Strategy and Technology To 5HF\FOH:DWHUVLOLFRQ6RODU0RGXOHV. Solar Energy, Volume 144, March 2017, Pages 22-31 54 International Renewable Energy Agency. Stepha- nie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publica- tions/IRENA_IEAPVPS_End-of-Life_Solar_PV_Pan- els_2016.pdf 2I¿FLDO-RXUQDORIWKH(XURSHDQ8QLRQDirective 2012/19/EU of the European Parliament and of the &RXQFLORI-XO\RQ:DVWH(OHFWULFDODQG(OHF- tronic Equipment. July 2012. Accessed November 2016. http://eurlex.europa.eu/legal-content/EN/TXT/?uri=cel- ex%3A32012L0019 56 PV CYCLE. Annual Report 2015. Accessed No- vember 2016. https://pvcyclepublications.cld.bz/Annual-Report-PV- CYCLE-2015/6-7 2I¿FLDO-RXUQDORIWKH(XURSHDQ8QLRQDirective 2012/19/EU of the European Parliament and of the &RXQFLORI-XO\RQ:DVWH(OHFWULFDODQG(OHF- tronic Equipment. July 2012. Accessed November 2016. http://eurlex.europa.eu/legal-content/EN/TXT/?uri=cel- ex%3A32012L0019 58 SEIA National PV Recycling Program: www.seia.org/seia-national-pv-recycling-program 59 RBI Solar, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in June 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezon- ings/RZ2015-05_DecommissioningPlan.pdf 60 Birdseye Renewables, Decommissioning Plan sub- mitted to Catawba County associated with permitting of a 5MW solar project in May 2015. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezon- ings/RZ2015-04_DecommissioningPlan.pdf 61 Cypress Creek Renewables, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in September 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezon- ings/RZ2016-06decommission.pdf 62 Sun Raised Farms: http://sunraisedfarms.com/index.html 63 National Institute of Environmental Health Scienc- es and National Institutes of Health, EMF: Electric and Magnetic Fields Associated with Electric Power: Questions and Answers, June 2002 64 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Fre- quency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/ en/ 65 Committee on the Possible Effects of Electro- magnetic Fields on Biologic Systems, National Re- search Council, Possible Health Effects of Exposure to Residential Electric and Magnetic Fields, ISBN: 0-309-55671-6, 384 pages, 6 x 9, (1997) This PDF is available from the National Academies Press at: http://www.nap.edu/catalog/5155.html 66 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Fre- quency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/en/ 67 World Health Organization. Electromagnetic Fields and Public Health: Static Electric and Magnetic Fields. March 2006. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs299/ en/ 68 Asher Sheppard, Health Issues Related to the Static and Power-Frequency Electric and Magnetic Fields (EMFs) of the Soitec Solar Energy Farms, April May 2017 | Version 1 21 30, 2014. Accessed March 2017: www.sandiegocounty.gov/content/dam/sdc/pds/ceqa/ Soitec-Documents/Final-EIR-Files/Appendix_9.0-1_ EMF.pdf 69 Massachusetts Clean Energy Center. Study of Acoustic and EMF Levels from Solar Photovoltaic Projects. December 2012. Accessed August 2016. 70 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequent- ly_asked_questions.asp 71 National Institute of Environmental Health Sci- ences, Electric and Magnetic Fields Associate with the use of Electric Power: Questions and Answers, 2002. Accessed November 2016 www.niehs.nih.gov/health/materials/electric_and_ PDJQHWLFB¿HOGV 72 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequent- ly_asked_questions.asp 73 R.A. Tell et al, Electromagnetic Fields Associated with Commercial Solar Photovoltaic Electric Power Generating Facilities, Journal of Occupational and Environmental Hygiene, Volume 12, 2015,- Issue 11. Abstract Accessed March 2016: http://www.tandfonline.com/doi/full/10.1080/1545962 4.2015.1047021 74 Massachusetts Department of Energy Resources, Massachusetts Department of Environmental Pro- tection, and Massachusetts Clean Energy Center. Questions & Answers: Ground-Mounted Solar Photo- voltaic Systems. June 2015. Accessed August 2016. http://www.mass.gov/eea/docs/doer/renewables/so- lar/solar-pv-guide.pdf 75 Ibid. 76 Ibid. 77 EMFs and medical devices, Accessed March 2017. www.emfs.info/effects/medical-devices/ 78 ibid. 79 Damon McCluer. Electrical Construction & Main- tenance: NFPA 70E’s Approach to Considering DC +D]DUGV. September 2013. Accessed October 2016. http://ecmweb.com/safety/nfpa-70e-s-approach-con- sidering-dc-hazards 80 Hong-Yun Yang, et. al. Experimental Studies on WKH)ODPPDELOLW\DQG)LUH+D]DUGVRI3KRWRYROWDLF 0RGXOHV0DWHULDOV. July 2015. Accessed August 2016. http://www.mdpi.com/1996-1944/8/7/4210/pdf 81 Matt Fountain. The Tribune. Fire breaks out at To- SD]6RODU)DUP. July 2015. Accessed August 2016. www.sanluisobispo.com/news/local/article39055539. html 82 Cooperative Research Network. Matthew Paiss. Tech Surveillance: PV Safety & Code Developments. October 2014. Accessed August 2016. http://www.nreca.coop/wp-content/uploads/2013/06/ WVBSYB¿UHBVDIHW\BRFWBSGI “Clean Energy in Michigan” Series, Number 12 Solar Panels. Photo by Mariana Proenca on UnsplashQ: Do solar panels contribute to PFAS contamination? Multiple states have raised concerns about PFAS contamination from solar farms, largely citing academic research on how PFAS could potentially be used in photovoltaic (PV) solar panels.1 The fact is that PFAS is not customarily used in solar panels because safer, effective alternatives have already been developed and commercialized. Moreover, no studies have shown the presence or leaching of PFAS from PV panels—either while they are in active use or at the end of their life (e.g., in >>˜`w®° Anatomy of a solar panel These three parts of a solar panel cause confusion about the presence of PFAS. Self-Cleaning Coat A self-cleaning coating on the top of a solar panel helps reduce dust, pollen, and snow adhesion, extending both the power output and the lifetime of the panel.2 Multiple self-cleaning coating options are available on the market, many of which make use of non-hazardous silicon-based chemistry.3 Confusion comes from the fact that some other commercialized self-cleaning coating options do make use of PFAS-based chemicals, although even those do not degrade under normal use. Adhesives PV panels are sealed from the elements to maximize power output and lifetime. While PFAS chemicals are found in certain adhesives, such as carpentry glues, they are not typically used in sealant adhesives for solar panels.4 Instead, solar adhesives are based on silicone polymers, which are well known for their lack of negative health impacts and remarkable stability.5 Substrate PV modules are housed in a weather-resistant substrate that offers additional «ÀœÌiV̈œ˜vÀœ“̅iii“i˜Ìð/…ˆ˜‡w“*6՘ˆÌÃÕÃi}>ÃÃ>Ã̅iÃÕLÃÌÀ>Ìi]܅ˆi crystalline silicon PV units use a polymer substrate, which has led to the rumors of Acknowledgement This material is based upon work supported by the &GRCTVOGPVQH'PGTI[CPFVJG/KEJKICP'PGTI[1HƂEG (MEO) under Award Number EE00007478. The Clean Energy in Michigan series provides case studies and fact sheets answering common questions about clean energy projects in Michigan. Find this document and more about the project online at graham.umich.edu/climate-energy/energy-futures. Facts about solar panels: PFAS contamination By Dr. Annick Anctil, Michigan State University potential PFAS use in solar panels. The most common polymer used in silicon PV units is Tedlar, a weather resistant polymer that is not a PFAS compound itself and makes no use of PFAS during its manufacturing process.6 Far more common materials, like those used in construction projects and weather resistant fabrics, present a higher risk of PFAS exposure than PV. In fact, a recent study found that these more common materials release PFAS under conditions where solar panels do not, indicating that PFAS exposure risk may be higher sitting on outdoor furniture, for example, than living next to a solar farm.7 What is PFAS anyway? Per/Poly Fluoro-Alkyl Substances, PFAS for short, are a class of chemical compounds. PFAS are used in several industries for their unique properties, notably their ability to create coatings that are highly water repellent. PFAS are extremely persistent within the environment, not breaking down over time. Certain PFAS compounds have been linked to human health issues–notably low infant birth weights, increased risk of certain cancers, and thyroid issues. As a result of their «iÀÈÃÌi˜Vi>˜`̜݈VˆÌÞ]̅œÃi*Ƃ-Vœ“«œÕ˜`Ã̅>Ì«œÃi>È}˜ˆwV>˜ÌÀˆÃŽ…>ÛiLii˜ banned from use and production, and subsequently replaced with safer alternatives. It’s important to note that not all PFAS compounds are dangerous. Some PFAS Vœ“«œÕ˜`Ã]ÃÕV…>Ã/iyœ˜]>Ài“ÕV…“œÀiÃÌ>Li>˜`«ÀiÃi˜Ì˜œÀˆÃŽ̜…Õ“>˜ health under normal conditions of use.8 47485-OCT-20 1 S. Maharjan et al., “Self-cleaning hydrophobic nanocoating on glass: A scalable manufacturing process,” Mater. Chem. Phys., vol. 239, Jan. 2020.; . Son et al., ºč«À>V̈V>ÃÕ«iÀ…Þ`Àœ«…ˆˆVÃivVi>˜ˆ˜}>˜`>˜ÌˆÀiyiV̈ÛiÃÕÀv>VivœÀœÕÌ`œœÀ«…œÌœÛœÌ>ˆV>««ˆV>̈œ˜Ã]» Sol. Energy Mater. Sol. Cells, 2012.; H. C. Han et al., º ˜…>˜Vˆ˜}ivwVˆi˜VÞ܈̅y՜Àˆ˜>Ìi`ˆ˜ÌiÀ>ÞiÀȘÓ>“œiVՏiœÀ}>˜ˆV܏>ÀViÃ]»J. Mater. Chem., vol. 22, no. 43, 2012. 2 ºœÜ>܏>ÀViܜÀŽÃqč“iÀˆV>˜ …i“ˆV>-œVˆiÌÞ°» [Online]; H. C. Han et al., º ˜…>˜Vˆ˜}ivwVˆi˜VÞ܈̅y՜Àˆ˜>Ìi`ˆ˜ÌiÀ>ÞiÀȘÓ> molecule organic solar cells,” J. Mater. Chem., vol. 22, no. 43, 2012.; M. Simon and E. L. Meyer, “Detection and analysis of hot-spot formation in solar cells,” Solar Energy Materials and Solar Cells. pp. 106–113, 2010. 3 º->Þœœ`LÞi/œ-œ>À*>˜i i>˜ˆ˜}N1Ìˆ“>Ìi vwVˆi˜VÞN-œ>À-…>ÀVÁ°» [Online]. 4 º iVÌÀœ˜ˆVÃ*Àœ`ÕVÌ >Ì>œ}N œÜ˜V°» [Online]; B. J. Henry et al., ºčVÀˆÌˆV>ÀiۈiÜœv̅i>««ˆV>̈œ˜œv«œÞ“iÀœvœÜVœ˜ViÀ˜>˜` Ài}Տ>̜ÀÞVÀˆÌiÀˆ>̜y՜Àœ«œÞ“iÀÃ]» Integrated Environmental Assessment and Management, vol. 14, no. 3. pp. 316–334, May-2018. 5 º iVÌÀœ˜ˆVÃ*Àœ`ÕVÌ >Ì>œ}N œÜ˜V°»; “Properties of Silicones.” [Online]; A. M. Bueche, º/…iVÕÀˆ˜}œvȏˆVœ˜iÀÕLLiÀ܈̅Li˜âœÞ peroxide,” J. Polym. Sci., vol. 15, no. 79, pp. 105–120, Jan. 1955. 6 M. H. Alaaeddin, S. M. Sapuan, M. Y. . Zuhri, E. . Zainudin, and F. M. AL-Oqla, º*œÞۈ˜Þy՜Àˆ`i­*6®ÆÌÃ*Àœ«iÀ̈iÃ]č««ˆV>̈œ˜Ã]>˜` Manufacturing Prospects,” IOP Conf. Ser. Mater. Sci. Eng., vol. 538, p. 012010, Jun. 2019. 7 R. M. Janousek, S. Lebertz, and T. P. Knepper, º*ÀiۈœÕÏÞ՘ˆ`i˜Ìˆwi`ÜÕÀViÃœv«iÀy՜Àœ>ŽÞ>˜`«œÞy՜Àœ>ŽÞÃÕLÃÌ>˜ViÃvÀœ“LՈ`ˆ˜} materials and industrial fabrics,” Environ. Sci. Process. Impacts, vol. 21, no. 11, pp. 1936–1945, Nov. 2019. 8 º*iÀ‡>˜`*œÞy՜Àœ>ŽÞ-ÕLÃÌ>˜Vií*č-®N1- *č°» [Online].; B. J. Henry et al., ºčVÀˆÌˆV>ÀiۈiÜœv̅i>««ˆV>̈œ˜œv«œÞ“iÀœvœÜ Vœ˜ViÀ˜>˜`Ài}Տ>̜ÀÞVÀˆÌiÀˆ>̜y՜Àœ«œÞ“iÀû Health and Safety Impacts of Solar Photovoltaics: A California-Focused Forward to the Health and Safety Impacts of Solar Photovoltaics white paper published by the N.C. Clean Energy Technology Center at North Carolina State University in May 2017 By:Thomas H. Cleveland, P.E., lead author of the North Carolina white paper RE:Soscol Ferry Road Solar, a proposed 1.98 MWAC PV facility in Napa, CA Date:July 31, 2019 For the last several years North Carolina (NC) has trailed only California in the capacity of annual solar photovoltaic (PV) installed. For most of that time North Carolina’s PV development was nearly entirely distribution-connected ground-mounted solar facilities, most commonly 5 MWAC projects. More recently, North Carolina is developing a mixture of transmission-connected PV facilities between 20 and 75 MWAC and distribution-connected facilities of 1 to 5 MWAC, but still has relatively few commercial or residential PV projects. As the state quickly transitioned from zero utility-scale solar facilities to over 400 utility-scale solar facilities concerns about the health and safety impacts of photovoltaics were raised at countless public hearings across the state and in many meetings of state officials and regulators, including several NC general assembly committee meetings. These concerns led to several years of engagement on this topic by the NC Clean Energy Technology Center at North Carolina State University that resulted in a detailed, peer-reviewed university white paper on the latest scientific understanding regarding PV health and safety impacts, with a focus on North Carolina. Naturally, there is also interest in the potential health and safety impacts of PV in California, where there is significantly more installed solar capacity than in North Carolina, in a mixture of residential, commercial, and small- and large-scale ground-mounted utility-scale solar projects. While there are massive similarities between the PV installations and their potential health and safety impacts in each state, there are some differences in policy, climate, industry practices, electricity regulation, and more that are worth highlighting. This forward is an attempt by the lead researcher and author of the North Carolina white paper to provide a supplement to the original paper that clearly demonstrates the applicability of the paper to PV in California and to offer California-specific supplements or modifications where the original paper had a North Carolina focus. Most importantly, all the white paper’s conclusions about the negligible negative health and safety impacts of photovoltaics apply fully in California, as well as anywhere in the United States. Similarly, there is nothing unique about the 1.98 MWAC Soscol Ferry Road Solar project that would cause any health or safety impacts different than those discussed in the N.C. white paper. Throughout the white paper there are instances of North Carolina-specific information, or issues where the situation in California is different than it is in North Carolina. The following is a list of the significant instances of either situation, in the order they appear in the white paper, along with the relevant California-specific information.  Type of PV Technology Used: Crystalline silicon, Cadmium Telluride (CdTe), and CIGS are all being installed in California as they are in N.C. Since the publication of the N.C. report the author has confirmed the recent installation of utility-scale projects using CIGS modules, but these are still not common. Like in NC, the majority of the current PV installation capacity in California is crystalline silicon, also like NC these are generally Tier I modules. The Soscol Ferry Rd. project will use Tier I crystalline silicon modules.  Design Wind Speed: The ASCE 7-2016 design wind speed in the vast majority of California, including in Napa County where the Soscol Ferry Road Solar project is located, is 90-95 MPH, which is much lower than the design wind speeds of hurricane-prone eastern N.C. where most PV development in the state is located. A few mountainous regions of California have design wind speeds over 100 MPG, however these extreme terrains are unlikely to install ground-mounted PV systems.  Offset Electricity Fuel Mix: The white paper includes a rough estimation that the fuel mix of the generators offset by PV energy production in N.C. is 90% natural gas and 10% coal. From this mix an estimate of the reduction in cadmium emissions due to PV was calculated. The 10% coal estimate is certainly too high for California. An offset fuel mix for California could be reasonably estimated as 100% natural gas, resulting in about 75% of the cadmium emissions savings calculated for NC.  PV Module Recycling: The white paper included local reports from PV developers in North Carolina of recycling damaged PV modules. It is quite possible that the same is occurring in California, but the author does not have data on the current common waste management practices for damaged PV modules in California. The Electric Power Research Institute (EPRI) published two extensive reports on the Photovoltaic Module Recycling in the United States (April 2018) and Insights in Photovoltaic Recycling Processes in Europe (December 2017), which are great sources for current information on PV module recycling. The EPRI report on recycling in the U.S. states that there are commercial recyclers in the U.S. accepting and recycling PV modules, using processes not unlike those described in the white paper.  PV Module Washing: Unlike North Carolina, many regions of California regularly experience long periods of time with little to no rain, which can result in enough accumulation of dirton the PV modules that itjustifies occasionally washing the modules to renew their performance. In North Carolina there is generally a heavy rain often enough to keep the panels clean enough to not require manual panel washing. This difference does not have an impact on the health or safety impact of the photovoltaic modules other than perhaps some increased risk of electric shock when washing the modules. Proper installation, maintenance, and washing techniques should reduce this risk to near zero.  Vegetation Maintenance:The climate in many regions of California, including Napa County where the Soscol Ferry Road Solar project is located, cause the growth of vegetation requiring maintenance to be less vigorous than the vegetation in moist North Carolina. Thus, PV sites in California use similar vegetation maintenance techniques to North Carolina however they need to spend less time and make fewer trips to adequately maintain vegetation on site.  California Hazardous Waste Policy: o As explained in the white paper, in the United States a waste material is considered hazardous waste if the results of a Toxicity Characteristic Leaching Procedure (TCLP) test find concentrations of any of 40 hazardous chemicals above the allowed EPA concentration limit for that chemical. However, in California, materials must additionally meet the more stringent Hazardous Waste Control Law (HWCL), which is like the Reduction of Hazardous Substances (ROHS) directive, adopted in February 2003 by the European Union (EU).i o In 2015, California passed SB-489 directing the CA DTSC (Department of Toxic Substances Control) to write rules to reclassify PV modules as universal waste, even if they fail TCLP. These rules exclude physically damaged, fractured, or fragmented PV modules that are no longer recognizable as PV modules.ii A primary goal of the legislation is to allow producers of waste PV modules to avoid difficult and costly waste determination procedures. In April 2019 the CA DTSC proposed rules to implement SB- 489. After the public comment period that ended in June 2019 DTSC may adjust and adopt the rules. iii i Program on Technology Innovation: Feasibility Study on Photovoltaic Module Recycling in the United States,Technical Update, April 2018; Electric Power Research Institute (EPRI); April 2018. ii ibid iii (webpage) Beveridge & Diamond law firm; News alert: California Department of Toxic Substances Control Proposes Regulation Classifying Discarded Solar Panels as Universal Waste ;https://www.bdlaw.com/publications/california-department- of-toxic-substances-control-proposes-regulation-classifying-discarded-solar-panels-as-universal-waste/(last accessed 7/22/2019) )FBMUIBOE4BGFUZ*NQBDUTPG4PMBS 1IPUPWPMUBJDT .": 2017 1 Health and Safety Impacts of Solar Photovoltaics The increasing presence of utility-scale solar photovoltaic (PV) systems (sometimes referred to as solar farms) is a rather new development in North Carolina’s landscape. Due to the new and unknown nature of this technology, it is natural for communities near such developments to be concerned about health and safety impacts. Unfortunately, the quick emergence of utility-scale solar has cultivated fertile grounds for myths and half-truths about the health impacts of this technology, which can lead to unnecessary fear and conflict. Photovoltaic (PV) technologies and solar inverters are not known to pose any significant health dangers to their neighbors. The most important dangers posed are increased highway traffic during the relative short construction period and dangers posed to trespassers of contact with high voltage equipment. This latter risk is mitigated by signage and the security measures that industry uses to deter trespassing. As will be discussed in more detail below, risks of site contamination are much less than for most other industrial uses because PV technologies employ few toxic chemicals and those used are used in very small quantities. Due to the reduction in the pollution from fossil-fuel-fired electric generators, the overall impact of solar development on human health is overwhelmingly positive. This pollution reduction results from a partial replacement of fossil-fuel fired generation by emission-free PV-generated electricity, which reduces harmful sulfur dioxide (SO2), nitrogen oxides (NOx), and fine particulate matter (PM2.5). Analysis from the National Renewable Energy Laboratory and the Lawrence Berkeley National Laboratory, both affiliates of the U.S. Department of Energy, estimates the health-related air quality benefits to the southeast region from solar PV generators to be worth 8.0 ¢ per kilowatt-hour of solar generation.0F 1 This is in addition to the value of the electricity and suggests that the air quality benefits of solar are worth more than the electricity itself. Even though we have only recently seen large-scale installation of PV technologies, the technology and its potential impacts have been studied since the 1950s. A combination of this solar-specific research and general scientific research has led to the scientific community having a good understanding of the science behind potential health and safety impacts of solar energy. This paper utilizes the latest scientific literature and knowledge of solar practices in N.C. to address the health and safety risks associated with solar PV technology. These risks are extremely small, far less than those associated with common activities such as driving a car, and vastly outweighed by health benefits of the generation of clean electricity. This paper addresses the potential health and safety impacts of solar PV development in North Carolina, organized into the following four categories: (1) Hazardous Materials (2) Electromagnetic Fields (EMF) (3) Electric Shock and Arc Flash (4) Fire Safety 2 1. Hazardous Materials One of the more common concerns towards solar is that the panels (referred to as “modules” in the solar industry) consist of toxic materials that endanger public health. However, as shown in this section, solar energy systems may contain small amounts of toxic materials, but these materials do not endanger public health. To understand potential toxic hazards coming from a solar project, one must understand system installation, materials used, the panel end-of-life protocols, and system operation. This section will examine these aspects of a solar farm and the potential for toxicity impacts in the following subsections: (1.2) Project Installation/Construction (1.2) System Components 1.2.1 Solar Panels: Construction and Durability 1.2.2 Photovoltaic technologies (a) Crystalline Silicon (b) Cadmium Telluride (CdTe) (c) CIS/CIGS 1.2.3 Panel End of Life Management 1.2.4 Non-panel System Components (1.3) Operations and Maintenance 1.1 Project Installation/Construction The system installation, or construction, process does not require toxic chemicals or processes. The site is mechanically cleared of large vegetation, fences are constructed, and the land is surveyed to layout exact installation locations. Trenches for underground wiring are dug and support posts are driven into the ground. The solar panels are bolted to steel and aluminum support structures and wired together. Inverter pads are installed, and an inverter and transformer are installed on each pad. Once everything is connected, the system is tested, and only then turned on. Figure 1: Utility-scale solar facility (5 MWAC) located in Catawba County. Source: Strata Solar 3 1.2 System Components 1.2.1 Solar Panels: Construction and Durability Solar PV panels typically consist of glass, polymer, aluminum, copper, and semiconductor materials that can be recovered and recycled at the end of their useful life.1F 2 Today there are two PV technologies used in PV panels at utility-scale solar facilities, silicon, and thin film. As of 2016, all thin film used in North Carolina solar facilities are cadmium telluride(CdTe) panels from the US manufacturer First Solar, but there are other thin film PV panels available on the market, such as Solar Frontier’s CIGS panels. Crystalline silicon technology consists of silicon wafers which are made into cells and assembled into panels, thin film technologies consist of thin layers of semiconductor material deposited onto glass, polymer or metal substrates. While there are differences in the components and manufacturing processes of these two types of solar technologies, many aspects of their PV panel construction are very similar. Specifics about each type of PV chemistry as it relates to toxicity are covered in subsections a, b, and c in section 1.2.2; on crystalline silicon, cadmium telluride, and CIS/CIGS respectively. The rest of this section applies equally to both silicon and thin film panels. Figure 2: Components of crystalline silicon panels. The vast majority of silicon panels consist of a glass sheet on the topside with an aluminum frame providing structural support. Image Source: www.riteksolar.com.tw Figure 3: Layers of a common frameless thin-film panel (CdTe). Many thin film panels are frameless, including the most common thin-film panels, First Solar’s CdTe. Frameless panels have protective glass on both the front and back of the panel. Layer thicknesses not to scale. Image Source: www.homepower.com To provide decades of corrosion-free operation, PV cells in PV panels are encapsulated from air and moisture between two layers of plastic. The encapsulation layers are protected on the top with a layer of tempered glass and on the backside with a polymer sheet. Frameless modules include a protective layer of glass on the rear of the panel, which may also be tempered. The plastic ethylene-vinyl acetate (EVA) commonly provides the cell encapsulation. For decades, this same material has been used between layers of tempered glass to give car windshields and hurricane windows their great strength. In the same way that a car windshield cracks but stays intact, the EVA layers in PV panels keep broken panels intact (see Figure 4). Thus, a damaged module does not generally create small pieces of debris; instead, it largely remains together as one piece. 4 Figure 4: The mangled PV panels in this picture illustrate the nature of broken solar panels; the glass cracks but the panel is still in one piece. Image Source: http://img.alibaba.com/photo/115259576/broken_solar_panel.jpg PV panels constructed with the same basic components as modern panels have been installed across the globe for well over thirty years.2F 3 The long-term durability and performance demonstrated over these decades, as well as the results of accelerated lifetime testing, helped lead to an industry- standard 25-year power production warranty for PV panels. These power warranties warrant a PV panel to produce at least 80% of their original nameplate production after 25 years of use. A recent SolarCity and DNV GL study reported that today’s quality PV panels should be expected to reliably and efficiently produce power for thirty-five years.3F 4 Local building codes require all structures, including ground mounted solar arrays, to be engineered to withstand anticipated wind speeds, as defined by the local wind speed requirements. Many racking products are available in versions engineered for wind speeds of up to 150 miles per hour, which is significantly higher than the wind speed requirement anywhere in North Carolina. The strength of PV mounting structures were demonstrated during Hurricane Sandy in 2012 and again during Hurricane Matthew in 2016. During Hurricane Sandy, the many large-scale solar facilities in New Jersey and New York at that time suffered only minor damage.4F 5 In the fall of 2016, the US and Caribbean experienced destructive winds and torrential rains from Hurricane Matthew, yet one leading solar tracker manufacturer reported that their numerous systems in the impacted area received zero damage from wind or flooding.5F 6 In the event of a catastrophic event capable of damaging solar equipment, such as a tornado, the system will almost certainly have property insurance that will cover the cost to cleanup and repair the project. It is in the best interest of the system owner to protect their investment against such risks. It is also in their interest to get the project repaired and producing full power as soon as possible. Therefore, the investment in adequate insurance is a wise business practice for the system owner. For the same 5 reasons, adequate insurance coverage is also generally a requirement of the bank or firm providing financing for the project. 1.2.2 Photovoltaic (PV) Technologies a. Crystalline Silicon This subsection explores the toxicity of silicon-based PV panels and concludes that they do not pose a material risk of toxicity to public health and safety. Modern crystalline silicon PV panels, which account for over 90% of solar PV panels installed today, are, more or less, a commodity product. The overwhelming majority of panels installed in North Carolina are crystalline silicon panels that are informally classified as Tier I panels. Tier I panels are from well-respected manufacturers that have a good chance of being able to honor warranty claims. Tier I panels are understood to be of high quality, with predictable performance, durability, and content. Well over 80% (by weight) of the content of a PV panel is the tempered glass front and the aluminum frame, both of which are common building materials. Most of the remaining portion are common plastics, including polyethylene terephthalate in the backsheet, EVA encapsulation of the PV cells, polyphenyl ether in the junction box, and polyethylene insulation on the wire leads. The active, working components of the system are the silicon photovoltaic cells, the small electrical leads connecting them together, and to the wires coming out of the back of the panel. The electricity generating and conducting components makeup less than 5% of the weight of most panels. The PV cell itself is nearly 100% silicon, and silicon is the second most common element in the Earth's crust. The silicon for PV cells is obtained by high-temperature processing of quartz sand (SiO2) that removes its oxygen molecules. The refined silicon is converted to a PV cell by adding extremely small amounts of boron and phosphorus, both of which are common and of very low toxicity. The other minor components of the PV cell are also generally benign; however, some contain lead, which is a human toxicant that is particularly harmful to young children. The minor components include an extremely thin antireflective coating (silicon nitride or titanium dioxide), a thin layer of aluminum on the rear, and thin strips of silver alloy that are screen-printed on the front and rear of cell.6F 7 In order for the front and rear electrodes to make effective electrical contact with the proper layer of the PV cell, other materials (called glass frit) are mixed with the silver alloy and then heated to etch the metals into the cell. This glass frit historically contains a small amount of lead (Pb) in the form of lead oxide. The 60 or 72 PV cells in a PV panel are connected by soldering thin solder-covered copper tabs from the back of one cell to the front of the next cell. Traditionally a tin-based solder containing some lead (Pb) is used, but some manufacturers have switched to lead-free solder. The glass frit and/or the solder may contain trace amounts of other metals, potentially including some with human toxicity such as cadmium. However, testing to simulate the potential for leaching from broken panels, which is discussed in more detail below, did not find a potential toxicity threat from these trace elements. Therefore, the tiny amount of lead in the grass frit and the solder is the only part of silicon PV panels with a potential to create a negative health impact. However, as described below, the very limited amount of lead involved and its strong physical and chemical attachment to other components of the PV panel means that even in worst-case scenarios the health hazard it poses is insignificant. As with many electronic industries, the solder in silicon PV panels has historically been a lead- based solder, often 36% lead, due to the superior properties of such solder. However, recent advances in lead-free solders have spurred a trend among PV panel manufacturers to reduce or remove the lead in their panels. According to the 2015 Solar Scorecard from the Silicon Valley Toxics Coalition, a group that tracks environmental responsibility of photovoltaic panel manufacturers, fourteen companies (increased from twelve companies in 2014) manufacture PV panels certified to meet the European Restriction of 6 Hazardous Substances (RoHS) standard. This means that the amount of cadmium and lead in the panels they manufacture fall below the RoHS thresholds, which are set by the European Union and serve as the world’s de facto standard for hazardous substances in manufactured goods.7F 8 The Restriction of Hazardous Substances (RoHS) standard requires that the maximum concentration found in any homogenous material in a produce is less than 0.01% cadmium and less than 0.10% lead, therefore, any solder can be no more than 0.10% lead.8F 9 While some manufacturers are producing PV panels that meet the RoHS standard, there is no requirement that they do so because the RoHS Directive explicitly states that the directive does not apply to photovoltaic panels.9F 10 The justification for this is provided in item 17 of the current RoHS Directive: “The development of renewable forms of energy is one of the Union’s key objectives, and the contribution made by renewable energy sources to environmental and climate objectives is crucial. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (4) recalls that there should be coherence between those objectives and other Union environmental legislation. Consequently, this Directive should not prevent the development of renewable energy technologies that have no negative impact on health and the environment and that are sustainable and economically viable.” The use of lead is common in our modern economy. However, only about 0.5% of the annual lead consumption in the U.S. is for electronic solder for all uses; PV solder makes up only a tiny portion of this 0.5%. Close to 90% of lead consumption in the US is in batteries, which do not encapsulate the pounds of lead contained in each typical automotive battery. This puts the lead in batteries at great risk of leaching into the environment. Estimates for the lead in a single PV panel with lead-based solder range from 1.6 to 24 grams of lead, with 13g (less than half of an ounce) per panel seen most often in the literature.10F 11 At 13 g/panel11F 12, each panel contains one-half of the lead in a typical 12-gauge shotgun shell.12F This amount equates to roughly 1/750th of the lead in a single car battery. In a panel, it is all durably encapsulated from air or water for the full life of the panel.13F 14 As indicated by their 20 to 30-year power warranty, PV modules are designed for a long service life, generally over 25 years. For a panel to comply with its 25-year power warranty, its internal components, including lead, must be sealed from any moisture. Otherwise, they would corrode and the panel’s output would fall below power warranty levels. Thus, the lead in operating PV modules is not at risk of release to the environment during their service lifetime. In extreme experiments, researchers have shown that lead can leach from crushed or pulverized panels.14F 15, 15F 16 However, more real-world tests designed to represent typical trash compaction that are used to classify waste as hazardous or non- hazardous show no danger from leaching.16F 17, 17F 18 For more information about PV panel end-of-life, see the Panel Disposal section. As illustrated throughout this section, silicon-based PV panels do not pose a material threat to public health and safety. The only aspect of the panels with potential toxicity concerns is the very small amount of lead in some panels. However, any lead in a panel is well sealed from environmental exposure for the operating lifetime of the solar panel and thus not at risk of release into the environment. b. Cadmium Telluride (CdTe) PV Panels This subsection examines the components of a cadmium telluride (CdTe) PV panel. Research demonstrates that they pose negligible toxicity risk to public health and safety while significantly reducing the public’s exposure to cadmium by reducing coal emissions. As of mid-2016, a few hundred MWs of 7 cadmium telluride (CdTe) panels, all manufactured by the U.S. company First Solar, have been installed in North Carolina. Questions about the potential health and environmental impacts from the use of this PV technology are related to the concern that these panels contain cadmium, a toxic heavy metal. However, scientific studies have shown that cadmium telluride differs from cadmium due to its high chemical and thermal stability.18F 19 Research has shown that the tiny amount of cadmium in these panels does not pose a health or safety risk.19F 20 Further, there are very compelling reasons to welcome its adoption due to reductions in unhealthy pollution associated with burning coal. Every GWh of electricity generated by burning coal produces about 4 grams of cadmium air emissions.20F 21 Even though North Carolina produces a significant fraction of our electricity from coal, electricity from solar offsets much more natural gas than coal due to natural gas plants being able to adjust their rate of production more easily and quickly. If solar electricity offsets 90% natural gas and 10% coal, each 5-megawatt (5 MWAC, which is generally 7 MWDC) CdTe solar facility in North Carolina keeps about 157 grams, or about a third of a pound, of cadmium out of our environment.21F 22, 22F 23 Cadmium is toxic, but all the approximately 7 grams of cadmium in one CdTe panel is in the form of a chemical compound cadmium telluride, 23F 24 which has 1/100th the toxicity of free cadmium.24F 25 25F Cadmium telluride is a very stable compound that is non-volatile and non-soluble in water. Even in the case of a fire, research shows that less than 0.1% of the cadmium is released when a CdTe panel is exposed to fire. The fire melts the glass and encapsulates over 99.9% of the cadmium in the molten glass.26F 27 It is important to understand the source of the cadmium used to manufacture CdTe PV panels. The cadmium is a byproduct of zinc and lead refining. The element is collected from emissions and waste streams during the production of these metals and combined with tellurium to create the CdTe used in PV panels. If the cadmium were not collected for use in the PV panels or other products, it would otherwise either be stockpiled for future use, cemented and buried, or disposed of.27F 28 Nearly all the cadmium in old or broken panels can be recycled which can eventually serve as the primary source of cadmium for new PV panels.28F 29 Similar to silicon-based PV panels, CdTe panels are constructed of a tempered glass front, one instead of two clear plastic encapsulation layers, and a rear heat strengthened glass backing (together >98% by weight). The final product is built to withstand exposure to the elements without significant damage for over 25 years. While not representative of damage that may occur in the field or even at a landfill, laboratory evidence has illustrated that when panels are ground into a fine powder, very acidic water is able to leach portions of the cadmium and tellurium,29F 30 similar to the process used to recycle CdTe panels. Like many silicon-based panels, CdTe panels are reported (as far back ask 199830F 31) to pass the EPA’s Toxic Characteristic Leaching Procedure (TCLP) test, which tests the potential for crushed panels in a landfill to leach hazardous substances into groundwater.31F 32 Passing this test means that they are classified as non-hazardous waste and can be deposited in landfills.32F 33, 33F 34 For more information about PV panel end-of-life, see the Panel Disposal section. There is also concern of environmental impact resulting from potential catastrophic events involving CdTe PV panels. An analysis of worst-case scenarios for environmental impact from CdTe PV panels, including earthquakes, fires, and floods, was conducted by the University of Tokyo in 2013. After reviewing the extensive international body of research on CdTe PV technology, their report concluded, “Even in the worst-case scenarios, it is unlikely that the Cd concentrations in air and sea water will exceed the environmental regulation values.”34F 35 In a worst-case scenario of damaged panels abandoned on the ground, insignificant amounts of cadmium will leach from the panels. This is because this scenario is 8 much less conducive (larger module pieces, less acidity) to leaching than the conditions of the EPA’s TCLP test used to simulate landfill conditions, which CdTe panels pass.35F 36 First Solar, a U.S. company, and the only significant supplier of CdTe panels, has a robust panel take-back and recycling program that has been operating commercially since 2005.36F 37 The company states that it is “committed to providing a commercially attractive recycling solution for photovoltaic (PV) power plant and module owners to help them meet their module (end of life) EOL obligation simply, cost- effectively and responsibly.” First Solar global recycling services to their customers to collect and recycle panels once they reach the end of productive life whether due to age or damage. These recycling service agreements are structured to be financially attractive to both First Solar and the solar panel owner. For First Solar, the contract provides the company with an affordable source of raw materials needed for new panels and presumably a diminished risk of undesired release of Cd. The contract also benefits the solar panel owner by allowing them to avoid tipping fees at a waste disposal site. The legal contract helps provide peace of mind by ensuring compliance by both parties when considering the continuing trend of rising disposal costs and increasing regulatory requirements. c. CIS/CIGS and other PV technologies Copper indium gallium selenide PV technology, often referred to as CIGS, is the second most common type of thin-film PV panel but a distant second behind CdTe. CIGS cells are composed of a thin layer of copper, indium, gallium, and selenium on a glass or plastic backing. None of these elements are very toxic, although selenium is a regulated metal under the Federal Resource Conservation and Recovery Act (RCRA).37F 38 The cells often also have an extremely thin layer of cadmium sulfide that contains a tiny amount of cadmium, which is toxic. The promise of high efficiency CIGS panels drove heavy investment in this technology in the past. However, researchers have struggled to transfer high efficiency success in the lab to low-cost full-scale panels in the field.38F 39 Recently, a CIGS manufacturer based in Japan, Solar Frontier, has achieved some market success with a rigid, glass-faced CIGS module that competes with silicon panels. Solar Frontier produces the majority of CIS panels on the market today.39F 40 Notably, these panels are RoHS compliant,40F 41 thus meeting the rigorous toxicity standard adopted by the European Union even thought this directive exempts PV panels. The authors are unaware of any completed or proposed utility-scale system in North Carolina using CIS/CIGS panels. 1.2.3 Panel End-of-Life Management Concerns about the volume, disposal, toxicity, and recycling of PV panels are addressed in this subsection. To put the volume of PV waste into perspective, consider that by 2050, when PV systems installed in 2020 will reach the end of their lives, it is estimated that the global annual PV panel waste tonnage will be 10% of the 2014 global e-waste tonnage.41F 42 In the U.S., end-of-life disposal of solar products is governed by the Federal Resource Conservation and Recovery Act (RCRA), as well as state policies in some situations. RCRA separates waste into hazardous (not accepted at ordinary landfill) and solid waste (generally accepted at ordinary landfill) based on a series of rules. According to RCRA, the way to determine if a PV panel is classified as hazardous waste is the Toxic Characteristic Leaching Procedure (TCLP) test. This EPA test is designed to simulate landfill disposal and determine the risk of hazardous substances leaching out of the landfill.42F 43, 43F 44, 44F 45 Multiple sources report that most modern PV panels (both crystalline silicon and cadmium telluride) pass the TCLP test.45F 46, 46F 47 Some studies found that some older (1990s) crystalline silicon panels, and perhaps some newer crystalline silicon panels (specifics are not given about vintage of panels tested), do not pass the lead (Pb) leachate limits in the TCLP test.47F 48, 48F 49 9 The test begins with the crushing of a panel into centimeter-sized pieces. The pieces are then mixed in an acid bath. After tumbling for eighteen hours, the fluid is tested for forty hazardous substances that all must be below specific threshold levels to pass the test. Research comparing TCLP conditions to conditions of damaged panels in the field found that simulated landfill conditions provide overly conservative estimates of leaching for field-damaged panels.49F 50 Additionally, research in Japan has found no detectable Cd leaching from cracked CdTe panels when exposed to simulated acid rain.50F 51 Although modern panels can generally be landfilled, they can also be recycled. Even though recent waste volume has not been adequate to support significant PV-specific recycling infrastructure, the existing recycling industry in North Carolina reports that it recycles much of the current small volume of broken PV panels. In an informal survey conducted by the NC Clean Energy Technology Center survey in early 2016, seven of the eight large active North Carolina utility-scale solar developers surveyed reported that they send damaged panels back to the manufacturer and/or to a local recycler. Only one developer reported sending damaged panels to the landfill. The developers reported at that time that they are usually paid a small amount per panel by local recycling firms. In early 2017, a PV developer reported that a local recycler was charging a small fee per panel to recycle damaged PV panels. The local recycling firm known to authors to accept PV panels described their current PV panel recycling practice as of early 2016 as removing the aluminum frame for local recycling and removing the wire leads for local copper recycling. The remainder of the panel is sent to a facility for processing the non-metallic portions of crushed vehicles, referred to as “fluff” in the recycling industry.51F 52 This processing within existing general recycling plants allows for significant material recovery of major components, including glass which is 80% of the module weight, but at lower yields than PV-specific recycling plants. Notably almost half of the material value in a PV panel is in the few grams of silver contained in almost every PV panel produced today. In the long-term, dedicated PV panel recycling plants can increase treatment capacities and maximize revenues resulting in better output quality and the ability to recover a greater fraction of the useful materials.52F 53 PV-specific panel recycling technologies have been researched and implemented to some extent for the past decade, and have been shown to be able to recover over 95% of PV material (semiconductor) and over 90% of the glass in a PV panel. 53F 54 A look at global PV recycling trends hints at the future possibilities of the practice in our country. Europe installed MW-scale volumes of PV years before the U.S. In 2007, a public-private partnership between the European Union and the solar industry set up a voluntary collection and recycling system called PV CYCLE. This arrangement was later made mandatory under the EU’s WEEE directive, a program for waste electrical and electronic equipment.54F 55 Its member companies (PV panel producers) fully finance the association. This makes it possible for end-users to return the member companies’ defective panels for recycling at any of the over 300 collection points around Europe without added costs. Additionally, PV CYCLE will pick up batches of 40 or more used panels at no cost to the user. This arrangement has been very successful, collecting and recycling over 13,000 tons by the end of 2015.55F 56 In 2012, the WEEE Directive added the end-of-life collection and recycling of PV panels to its scope.56F 57 This directive is based on the principle of extended-producer-responsibility. It has a global impact because producers that want to sell into the EU market are legally responsible for end-of-life management. Starting in 2018, this directive targets that 85% of PV products “put in the market” in Europe are recovered and 80% is prepared for reuse and recycling. The success of the PV panel collection and recycling practices in Europe provides promise for the future of recycling in the U.S. In mid-2016, the US Solar Energy Industry Association (SEIA) announced that they are starting a national solar panel recycling program with the guidance and support of many 10 leading PV panel producers.57F 58 The program will aggregate the services offered by recycling vendors and PV manufacturers, which will make it easier for consumers to select a cost-effective and environmentally responsible end-of-life management solution for their PV products. According to SEIA, they are planning the program in an effort to make the entire industry landfill-free. In addition to the national recycling network program, the program will provide a portal for system owners and consumers with information on how to responsibly recycle their PV systems. While a cautious approach toward the potential for negative environmental and/or health impacts from retired PV panels is fully warranted, this section has shown that the positive health impacts of reduced emissions from fossil fuel combustion from PV systems more than outweighs any potential risk. Testing shows that silicon and CdTe panels are both safe to dispose of in landfills, and are also safe in worst case conditions of abandonment or damage in a disaster. Additionally, analysis by local engineers has found that the current salvage value of the equipment in a utility scale PV facility generally exceeds general contractor estimates for the cost to remove the entire PV system.58F 59, 59F 60, 60F 61 1.2.4 Non-Panel System Components (racking, wiring, inverter, transformer) While previous toxicity subsections discussed PV panels, this subsection describes the non-panel components of utility-scale PV systems and investigates any potential public health and safety concerns. The most significant non-panel component of a ground-mounted PV system is the mounting structure of the rows of panels, commonly referred to as “racking”. The vertical post portion of the racking is galvanized steel and the remaining above-ground racking components are either galvanized steel or aluminum, which are both extremely common and benign building materials. The inverters that make the solar generated electricity ready to send to the grid have weather-proof steel enclosures that protect the working components from the elements. The only fluids that they might contain are associated with their cooling systems, which are not unlike the cooling system in a computer. Many inverters today are RoHS compliant. The electrical transformers (to boost the inverter output voltage to the voltage of the utility connection point) do contain a liquid cooling oil. However, the fluid used for that function is either a non- toxic mineral oil or a biodegradable non-toxic vegetable oil, such as BIOTEMP from ABB. These vegetable transformer oils have the additional advantage of being much less flammable than traditional mineral oils. Significant health hazards are associated with old transformers containing cooling oil with toxic PCBs. Transfers with PCB-containing oil were common before PCBs were outlawed in the U.S. in 1979. PCBs still exist in older transformers in the field across the country. Other than a few utility research sites, there are no batteries on- or off-site associated with utility- scale solar energy facilities in North Carolina, avoiding any potential health or safety concerns related to battery technologies. However, as battery technologies continue to improve and prices continue to decline we are likely to start seeing some batteries at solar facilities. Lithium ion batteries currently dominate the world utility-scale battery market, which are not very toxic. No non-panel system components were found to pose any health or environmental dangers. 1.4 Operations and Maintenance – Panel Washing and Vegetation Control 11 Throughout the eastern U.S., the climate provides frequent and heavy enough rain to keep panels adequately clean. This dependable weather pattern eliminates the need to wash the panels on a regular basis. Some system owners may choose to wash panels as often as once a year to increase production, but most in N.C. do not regularly wash any PV panels. Dirt build up over time may justify panel washing a few times over the panels’ lifetime; however, nothing more than soap and water are required for this activity. The maintenance of ground-mounted PV facilities requires that vegetation be kept low, both for aesthetics and to avoid shading of the PV panels. Several approaches are used to maintain vegetation at NC solar facilities, including planting of limited-height species, mowing, weed-eating, herbicides, and grazing livestock (sheep). The following descriptions of vegetation maintenance practices are based on interviews with several solar developers as well as with three maintenance firms that together are contracted to maintain well over 100 of the solar facilities in N.C. The majority of solar facilities in North Carolina maintain vegetation primarily by mowing. Each row of panels has a single row of supports, allowing sickle mowers to mow under the panels. The sites usually require mowing about once a month during the growing season. Some sites employ sheep to graze the site, which greatly reduces the human effort required to maintain the vegetation and produces high quality lamb meat.61F 62 In addition to mowing and weed eating, solar facilities often use some herbicides. Solar facilities generally do not spray herbicides over the entire acreage; rather they apply them only in strategic locations such as at the base of the perimeter fence, around exterior vegetative buffer, on interior dirt roads, and near the panel support posts. Also unlike many row crop operations, solar facilities generally use only general use herbicides, which are available over the counter, as opposed to restricted use herbicides commonly used in commercial agriculture that require a special restricted use license. The herbicides used at solar facilities are primarily 2-4-D and glyphosate (Round-up®), which are two of the most common herbicides used in lawns, parks, and agriculture across the country. One maintenance firm that was interviewed sprays the grass with a class of herbicide known as a growth regulator in order to slow the growth of grass so that mowing is only required twice a year. Growth regulators are commonly used on highway roadsides and golf courses for the same purpose. A commercial pesticide applicator license is required for anyone other than the landowner to apply herbicides, which helps ensure that all applicators are adequately educated about proper herbicide use and application. The license must be renewed annually and requires passing of a certification exam appropriate to the area in which the applicator wishes to work. Based on the limited data available, it appears that solar facilities in N.C. generally use significantly less herbicides per acre than most commercial agriculture or lawn maintenance services. 2. Electromagnetic Fields (EMF) PV systems do not emit any material during their operation; however, they do generate electromagnetic fields (EMF), sometimes referred to as radiation. EMF produced by electricity is non- ionizing radiation, meaning the radiation has enough energy to move atoms in a molecule around (experienced as heat), but not enough energy to remove electrons from an atom or molecule (ionize) or to damage DNA. As shown below, modern humans are all exposed to EMF throughout our daily lives without negative health impact. Someone outside of the fenced perimeter of a solar facility is not exposed to significant EMF from the solar facility. Therefore, there is no negative health impact from the EMF 12 produced in a solar farm. The following paragraphs provide some additional background and detail to support this conclusion. Since the 1970s, some have expressed concern over potential health consequences of EMF from electricity, but no studies have ever shown this EMF to cause health problems.62F 63 These concerns are based on some epidemiological studies that found a slight increase in childhood leukemia associated with average exposure to residential power-frequency magnetic fields above 0.3 to 0.4 μ T (microteslas) (equal to 3.0 to 4.0 mG (milligauss)). μ T and mG are both units used to measure magnetic field strength. For comparison, the average exposure for people in the U.S. is one mG or 0.1 μ T, with about 1% of the population with an average exposure in excess of 0.4 μ T (or 4 mG).63F 64 These epidemiological studies, which found an association but not a causal relationship, led the World Health Organization’s International Agency for Research on Cancer (IARC) to classify ELF magnetic fields as “possibly carcinogenic to humans”. Coffee also has this classification. This classification means there is limited evidence but not enough evidence to designate as either a “probable carcinogen” or “human carcinogen”. Overall, there is very little concern that ELF EMF damages public health. The only concern that does exist is for long-term exposure above 0.4 μ T (4 mG) that may have some connection to increased cases of childhood leukemia. In 1997, the National Academies of Science were directed by Congress to examine this concern and concluded: “Based on a comprehensive evaluation of published studies relating to the effects of power-frequency electric and magnetic fields on cells, tissues, and organisms (including humans), the conclusion of the committee is that the current body of evidence does not show that exposure to these fields presents a human-health hazard. Specifically, no conclusive and consistent evidence shows that exposures to residential electric and magnetic fields produce cancer, adverse neurobehavioral effects, or reproductive and developmental effects.”64F 65 There are two aspects to electromagnetic fields, an electric field and a magnetic field. The electric field is generated by voltage and the magnetic field is generated by electric current, i.e., moving electrons. A task group of scientific experts convened by the World Health Organization (WHO) in 2005 concluded that there were no substantive health issues related to electric fields (0 to 100,000 Hz) at levels generally encountered by members of the public.65F 66 The relatively low voltages in a solar facility and the fact that electric fields are easily shielded (i.e., blocked) by common materials, such as plastic, metal, or soil means that there is no concern of negative health impacts from the electric fields generated by a solar facility. Thus, the remainder of this section addresses magnetic fields. Magnetic fields are not shielded by most common materials and thus can easily pass through them. Both types of fields are strongest close to the source of electric generation and weaken quickly with distance from the source. The direct current (DC) electricity produced by PV panels produce stationary (0 Hz) electric and magnetic fields. Because of minimal concern about potential risks of stationary fields, little scientific research has examined stationary fields’ impact on human health.66F 67 In even the largest PV facilities, the DC voltages and currents are not very high. One can illustrate the weakness of the EMF generated by a PV panel by placing a compass on an operating solar panel and observing that the needle still points north. While the electricity throughout the majority of a solar site is DC electricity, the inverters convert this DC electricity to alternating current (AC) electricity matching the 60 Hz frequency of the grid. Therefore, the inverters and the wires delivering this power to the grid are producing non-stationary EMF, known as extremely low frequency (ELF) EMF, normally oscillating with a frequency of 60 Hz. This frequency is at the low-energy end of the electromagnetic spectrum. Therefore, it has less energy than 13 other commonly encountered types of non-ionizing radiation like radio waves, infrared radiation, and visible light. The wide use of electricity results in background levels of ELF EMFs in nearly all locations where people spend time – homes, workplaces, schools, cars, the supermarket, etc. A person’s average exposure depends upon the sources they encounter, how close they are to them, and the amount of time they spend there.67F 68 As stated above, the average exposure to magnetic fields in the U.S. is estimated to be around one mG or 0.1 μ T, but can vary considerably depending on a person’s exposure to EMF from electrical devices and wiring.68F 69 At times we are often exposed to much higher ELF magnetic fields, for example when standing three feet from a refrigerator the ELF magnetic field is 6 mG and when standing three feet from a microwave oven the field is about 50 mG.69F 70 The strength of these fields diminish quickly with distance from the source, but when surrounded by electricity in our homes and other buildings moving away from one source moves you closer to another. However, unless you are inside of the fence at a utility-scale solar facility or electrical substation it is impossible to get very close to the EMF sources. Because of this, EMF levels at the fence of electrical substations containing high voltages and currents are considered “generally negligible”.70F 71, 71F 72 The strength of ELF-EMF present at the perimeter of a solar facility or near a PV system in a commercial or residential building is significantly lower than the typical American’s average EMF exposure.72F 73, 73F 74 Researchers in Massachusetts measured magnetic fields at PV projects and found the magnetic fields dropped to very low levels of 0.5 mG or less, and in many cases to less than background levels (0.2 mG), at distances of no more than nine feet from the residential inverters and 150 feet from the utility-scale inverters.74F 75 Even when measured within a few feet of the utility-scale inverter, the ELF magnetic fields were well below the International Commission on Non-Ionizing Radiation Protection’s recommended magnetic field level exposure limit for the general public of 2,000 mG.75F 76 It is typical that utility scale designs locate large inverters central to the PV panels that feed them because this minimizes the length of wire required and shields neighbors from the sound of the inverter’s cooling fans. Thus, it is rare for a large PV inverter to be within 150 feet of the project’s security fence. Anyone relying on a medical device such as pacemaker or other implanted device to maintain proper heart rhythm may have concern about the potential for a solar project to interfere with the operation of his or her device. However, there is no reason for concern because the EMF outside of the solar facility’s fence is less than 1/1000 of the level at which manufacturers test for ELF EMF interference, which is 1,000 mG.76F 77 Manufacturers of potentially affected implanted devices often provide advice on electromagnetic interference that includes avoiding letting the implanted device get too close to certain sources of fields such as some household appliances, some walkie-talkies, and similar transmitting devices. Some manufacturers’ literature does not mention high-voltage power lines, some say that exposure in public areas should not give interference, and some advise not spending extended periods of time close to power lines.77F 78 3. Electric Shock and Arc Flash Hazards There is a real danger of electric shock to anyone entering any of the electrical cabinets such as combiner boxes, disconnect switches, inverters, or transformers; or otherwise coming in contact with voltages over 50 Volts.78F 79 Another electrical hazard is an arc flash, which is an explosion of energy that can occur in a short circuit situation. This explosive release of energy causes a flash of heat and a shockwave, both of which can cause serious injury or death. Properly trained and equipped technicians and electricians know how to safely install, test, and repair PV systems, but there is always some risk of 14 injury when hazardous voltages and/or currents are present. Untrained individuals should not attempt to inspect, test, or repair any aspect of a PV system due to the potential for injury or death due to electric shock and arc flash, The National Electric Code (NEC) requires appropriate levels of warning signs on all electrical components based on the level of danger determined by the voltages and current potentials. The national electric code also requires the site to be secured from unauthorized visitors with either a six-foot chain link fence with three strands of barbed wire or an eight-foot fence, both with adequate hazard warning signs. 4. Fire Safety The possibility of fires resulting from or intensified by PV systems may trigger concern among the general public as well as among firefighters. However, concern over solar fire hazards should be limited because only a small portion of materials in the panels are flammable, and those components cannot self-support a significant fire. Flammable components of PV panels include the thin layers of polymer encapsulates surrounding the PV cells, polymer backsheets (framed panels only), plastic junction boxes on rear of panel, and insulation on wiring. The rest of the panel is composed of non-flammable components, notably including one or two layers of protective glass that make up over three quarters of the panel’s weight. Heat from a small flame is not adequate to ignite a PV panel, but heat from a more intense fire or energy from an electrical fault can ignite a PV panel.79F 80 One real-world example of this occurred during July 2015 in an arid area of California. Three acres of grass under a thin film PV facility burned without igniting the panels mounted on fixed-tilt racks just above the grass.80F 81 While it is possible for electrical faults in PV systems on homes or commercial buildings to start a fire, this is extremely rare.81F 82 Improving understanding of the PV-specific risks, safer system designs, and updated fire-related codes and standards will continue to reduce the risk of fire caused by PV systems. PV systems on buildings can affect firefighters in two primary ways, 1) impact their methods of fighting the fire, and 2) pose safety hazard to the firefighters. One of the most important techniques that firefighters use to suppress fire is ventilation of a building’s roof. This technique allows superheated toxic gases to quickly exit the building. By doing so, the firefighters gain easier and safer access to the building, Ventilation of the roof also makes the challenge of putting out the fire easier. However, the placement of rooftop PV panels may interfere with ventilating the roof by limiting access to desired venting locations. New solar-specific building code requirements are working to minimize these concerns. Also, the latest National Electric Code has added requirements that make it easier for first responders to safely and effectively turn off a PV system. Concern for firefighting a building with PV can be reduced with proper fire fighter training, system design, and installation. Numerous organizations have studied fire fighter safety related to PV. Many organizations have published valuable guides and training programs. Some notable examples are listed below. x The International Association of Fire Fighters (IAFF) and International Renewable Energy Council (IREC) partnered to create an online training course that is far beyond the PowerPoint click-and- view model. The self-paced online course, “Solar PV Safety for Fire Fighters,” features rich video content and simulated environments so fire fighters can practice the knowledge they’ve learned. www.iaff.org/pvsafetytraining x Photovoltaic Systems and the Fire Code: Office of NC Fire Marshal x Fire Service Training, Underwriter's Laboratory 15 x Firefighter Safety and Response for Solar Power Systems, National Fire Protection Research Foundation x Bridging the Gap: Fire Safety & Green Buildings, National Association of State Fire Marshalls x Guidelines for Fire Safety Elements of Solar Photovoltaic Systems, Orange County Fire Chiefs Association x Solar Photovoltaic Installation Guidelines, California Department of Forestry & Fire Protection, Office of the State Fire Marshall x PV Safety & Firefighting, Matthew Paiss, Homepower Magazine x PV Safety and Code Development: Matthew Paiss, Cooperative Research Network Summary The purpose of this paper is to address and alleviate concerns of public health and safety for utility-scale solar PV projects. Concerns of public health and safety were divided and discussed in the four following sections: (1) Toxicity, (2) Electromagnetic Fields, (3) Electric Shock and Arc Flash, and (4) Fire. In each of these sections, the negative health and safety impacts of utility-scale PV development were shown to be negligible, while the public health and safety benefits of installing these facilities are significant and far outweigh any negative impacts. 1 Wiser, Ryan, Trieu Mai, Dev Millstein, Jordan Macknick, Alberta Carpenter, Stuart Cohen, Wesley Cole, Bethany Frew, and Garvin A. Heath. 2016. On the Path to SunShot: The Environmental and Public Health Benefits of Achieving High Penetrations of Solar Energy in the United States. Golden, CO: National Renewable Energy Laboratory. Accessed March 2017, www.nrel.gov/docs/fy16osti/65628.pdf 2 IRENA and IEA-PVPS (2016), “End-of-Life Management: Solar Photovoltaic Panels,” International Renewable Energy Agency and International Energy Agency Photovoltaic Power Systems. 3 National Renewable Energy Laboratory, Overview of Field Experience – Degradation Rates & Lifetimes. September 14, 2015. Solar Power International Conference. Accessed March 2017, www.nrel.gov/docs/fy15osti/65040.pdf 4 Miesel et al. SolarCity Photovoltaic Modules with 35 Year Useful Life. June 2016. Accessed March 2017. http://www.solarcity.com/newsroom/reports/solarcity-photovoltaic-modules-35-year-useful-life 5 David Unger. Are Renewables Stormproof? Hurricane Sandy Tests Solar, Wind. November 2012. Accessed March 2017. http://www.csmonitor.com/Environment/Energy-Voices/2012/1119/Are-renewables-stormproof-Hurricane-Sandy-tests-solar- wind & http://www.csmonitor.com/Environment/Energy-Voices/2012/1119/Are-renewables-stormproof-Hurricane-Sandy- tests-solar-wind 6 NEXTracker and 365 Pronto, Tracking Your Solar Investment: Best Practices for Solar Tracker O&M. Accessed March 2017. www.nextracker.com/content/uploads/2017/03/NEXTracker_OandM-WhitePaper_FINAL_March-2017.pdf 7 Christiana Honsberg, Stuart Bowden. Overview of Screen Printed Solar Cells. Accessed January 2017. www.pveducation.org/pvcdrom/manufacturing/screen-printed 8 Silicon Valley Toxics Coalition. 2015 Solar Scorecard. Accessed August 2016. www.solarscorecard.com/2015/2015- SVTC-Solar-Scorecard.pdf 9 European Commission. Recast of Reduction of Hazardous Substances (RoHS) Directive. September 2016. Accessed August 2016. http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm 10 Official Journal of the European Union, DIRECTIVE 2011/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. June 2011. Accessed May 2017. http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32011L0065&from=en 11 Giancarlo Giacchetta, Mariella Leporini, Barbara Marchetti. (YDOXDWLRQRIWKH(QYLURQPHQWDO%HQH¿WVRI1HZ+LJK9DOXH Process for the Management of the End of Life of Thin Film Photovoltaic Modules. July 2013. Accessed August 2016. www.researchgate.net/publication/257408804_Evaluation_of_the_environmental_benefits_of_new_high_value_process_for_ the_management_of_the_end_of_life_of_thin_film_photovoltaic_modules 16 12 European Commission. Study on Photovoltaic Panels Supplementing The Impact Assessment for a Recast of the Weee Directive. April 2011. Accessed August 2016. http://ec.europa.eu/environment/waste/weee/pdf/Study%20on%20PVs%20Bio%20final.pdf 14 The amount of lead in a typical car battery is 21.4 pounds. Waste 360. Chaz Miller. Lead Acid Batteries. March 2006. Accessed August 2016. http://waste360.com/mag/waste_leadacid_batteries_3 15 Okkenhaug G. Leaching from CdTe PV module material results from batch, column and availability tests. Norwegian Geotechnical Institute, NGI report No. 20092155-00-6-R; 2010 16 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching Hazardous Substances out of Photovoltaic Modules. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/article/download/485/298 17 ibid 18 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 19 Bonnet, D. and P. Meyers. 1998. Cadmium-telluride—Material for thin film solar cells. J. Mater. Res., Vol. 13, No. 10, pp. 2740-2753 20 V. Fthenakis, K. Zweibel. CdTe PV: Real and Perceived EHS Risks. National Center ofr Photovoltaics and Solar Program Review Meeting, March 24-26, 2003. www.nrel.gov/docs/fy03osti/33561.pdf. Accessed May 2017 21 International Energy Agency Photovoltaic Power Systems Programme. Life Cycle Inventories and Life Cycle Assessments of Photovoltaic Systems. March 2015. Accessed August 2016. http://iea-pvps.org/index.php?id=315 22 Data not available on fraction of various generation sources offset by solar generation in NC, but this is believed to be a reasonable rough estimate. The SunShot report entitled The Environmental and Public Health Benefits of Achieving High Penetrations of Solar Energy in the United States analysis contributes significant (% not provided) offsetting of coal-fired generation by solar PV energy in the southeast. 23 7 MWDC * 1.5 GWh/MWDC * 25 years * 0.93 degradation factor * (0.1 *4.65 grams/GWh + 0.9*0.2 grams/GWh) 24 Vasilis Fthenakis. CdTe PV: Facts and Handy Comparisons. January 2003. Accessed March 2017. https://www.bnl.gov/pv/files/pdf/art_165.pdf 25 Kaczmar, S., Evaluating the Read-Across Approach on CdTe Toxicity for CdTe Photovoltaics, SETAC North America 32nd Annual Meeting, Boston, MA, November 2011. Available at: ftp://ftp.co.imperial.ca.us/icpds/eir/campo-verde- solar/final/evaluating-toxicity.pdf, Accessed May 2017 27 V. M. Fthenakis et al, Emissions and Encapsulation of Cadmium in CdTe PV Modules During Fires Renewable Progress in Photovoltaics: Research and Application: Res. Appl. 2005; 13:1–11, Accessed March 2017, www.bnl.gov/pv/files/pdf/abs_179.pdf 28 Fthenakis V.M., Life Cycle Impact Analysis of Cadmium in CdTe Photovoltaic Production, Renewable and Sustainable Energy Reviews, 8, 303-334, 2004. www.clca.columbia.edu/papers/Life_Cycle_Impact_Analysis_Cadmium_CdTe_Photovoltaic_productio n.pdf, Accessed May 2017 29 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. 30 International Journal of Advanced Applied Physics Research. Renate Zapf-Gottwick1, et al. Leaching Hazardous Substances out of Photovoltaic Modules. January 2015. Accessed January 2016. www.cosmosscholars.com/phms/index.php/ijaapr/article/download/485/298 31 Cunningham D., Discussion about TCLP protocols, Photovoltaics and the Environment Workshop, July 23-24, 1998, Brookhaven National Laboratory, BNL-52557 32 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. Accessed May 2016 33 Practical Handbook of Photovoltaics: Fundamentals and Applications. T. Markvart and L. Castaner. Chapter VII-2: Overview of Potential Hazards. December 2003. Accessed August 2016. https://www.bnl.gov/pv/files/pdf/art_170.pdf 34 Norwegian Geotechnical Institute. Environmental Risks Regarding the Use and End-of-Life Disposal of CdTe PV Modules. April 2010. Accessed August 2016. https://www.dtsc.ca.gov/LawsRegsPolicies/upload/Norwegian-Geotechnical-Institute- Study.pdf 35 First Solar. Dr. Yasunari Matsuno. December 2013. August 2016. Environmental Risk Assessment of CdTe PV Systems to be considered under Catastrophic Events in Japan. http://www.firstsolar.com/-/media/Documents/Sustainability/Peer- Reviews/Japan_Peer-Review_Matsuno_CdTe-PV-Tsunami.ashx 36 First Solar. Parikhit Sinha, Andreas Wade. Assessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. 2015 IEEE 37 See p. 22 of First Solar, Sustainability Report. Available at: www.firstsolar.com/-/media/First- Solar/Sustainability-Documents/03801_FirstSolar_SustainabilityReport_08MAR16_Web.ashx, Accessed May 2017 17 38 40 CFR §261.24. Toxicity Characteristic. May 2017. Accessed May 2017. https://www.ecfr.gov/cgi-bin/text- idx?node=se40.26.261_124&rgn=div8 39 Office of Energy Efficiency & Renewable Energy. Copper Indium Gallium Diselenide. Accessed March 2017. https://www.energy.gov/eere/sunshot/copper-indium-gallium-diselenide 40 Mathias Maehlum. Best Thin Film Solar Panels – Amorphous, Cadmium Telluride or CIGS? April 2015. Accessed March 2017. http://energyinformative.org/best-thin-film-solar-panels-amorphous-cadmium-telluride-cigs/ 41 RoHS tested certificate for Solar Frontier PV modules. TUVRheinland, signed 11.11.2013 42 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publications/IRENA_IEAPVPS_End-of-Life_Solar_PV_Panels_2016.pdf 43 40 C.F.R. §261.10. Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste. November 2016. Accessed November 2016 http://www.ecfr.gov/cgi-bin/text- idx?SID=ce0006d66da40146b490084ca2816143&mc=true&node=pt40.26.261&rgn=div5#sp40.28.261.b 44 40 C.F.R. §261.24 Toxicity Characteristic. November 2016. Accessed November 2016. http://www.ecfr.gov/cgi-bin/text- idx?SID=ce0006d66da40146b490084ca2816143&mc=true&node=pt40.26.261&rgn=div5#se40.28.261_124 45 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publications/IRENA_IEAPVPS_End-of-Life_Solar_PV_Panels_2016.pdf 46 TLCP test results from third-party laboratories for REC, Jinko, and Canadian Solar silicon-based panels. Provided by PV panel manufacturers directly or indirectly to authors 47 Sinovoltaics, Introduction to Solar Panel Recycling, March 2014. Accessed October 2016. http://sinovoltaics.com/solar- basics/introduction-to-solar-panel-recycling/ 48 Brookhaven National Laboratory. Vasilis Fthenakis, Regulations on Photovoltaic Module Disposal and Recycling. January 29, 2001. 49 Parikhit Sinha, et al. Evaluation of Potential Health and Environmental Impacts from End-Of-Life Disposal of Photovoltaics, Photovoltaics, 2014. 50 First Solar. Parikhit Sinha, Andreas Wade. Assessment of Leaching Tests for Evaluating Potential Environmental Impacts of PV Module Field Breakage. October 2015. Accessed August 2016. http://www.firstsolar.com/- /media/Documents/Sustainability/PVSC42-Manuscript-20150912--Assessment-of-Leaching-Tests-for-Evaluating-Potential- Environmental-Impa.ashx 51 First Solar. Dr. Yasunari Matsuno. December 2013. Environmental Risk Assessment of CdTe PV Systems to be considered under Catastrophic Events in Japan. http://www.firstsolar.com/-/media/Documents/Sustainability/Peer- Reviews/Japan_Peer-Review_Matsuno_CdTe-PV-Tsunami.ashx 52 Phone interview, February 3, 2016, TT&E Iron & Metal, Garner, NC www.ncscrapmetal.com/ 53 Wen-His Huang, et al. Strategy and Technology To Recycle Water-silicon Solar Modules. Solar Energy, Volume 144, March 2017, Pages 22-31 54 International Renewable Energy Agency. Stephanie Weckend, Andreas Wade, Garvin Heath. End of Life Management: Solar Photovoltaic Panels. June 2016. Accessed November 2016. http://www.irena.org/DocumentDownloads/Publications/IRENA_IEAPVPS_End-of-Life_Solar_PV_Panels_2016.pdf 55 Official Journal of the European Union. Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on Waste Electrical and Electronic Equipment. July 2012. Accessed November 2016. http://eur- lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012L0019 56 PV CYCLE. Annual Report 2015. Accessed November 2016. https://pvcyclepublications.cld.bz/Annual-Report-PV- CYCLE-2015/6-7 57 Official Journal of the European Union. Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on Waste Electrical and Electronic Equipment. July 2012. Accessed November 2016. http://eur- lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012L0019 58 SEIA National PV Recycling Program: www.seia.org/seia-national-pv-recycling-program 59 RBI Solar, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in June 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezonings/RZ2015-05_DecommissioningPlan.pdf 60 Birdseye Renewables, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in May 2015. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezonings/RZ2015- 04_DecommissioningPlan.pdf 61 Cypress Creek Renewables, Decommissioning Plan submitted to Catawba County associated with permitting of a 5MW solar project in September 2016. Accessed April 2017. www.catawbacountync.gov/Planning/Projects/Rezonings/RZ2016- 06decommission.pdf 62 Sun Raised Farms: http://sunraisedfarms.com/index.html 63 National Institute of Environmental Health Sciences and National Institutes of Health, EMF: Electric and Magnetic Fields Associated with Electric Power: Questions and Answers, June 2002 18 64 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Frequency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/en/ 65 Committee on the Possible Effects of Electromagnetic Fields on Biologic Systems, National Research Council, Possible Health Effects of Exposure to Residential Electric and Magnetic Fields, ISBN: 0-309-55671-6, 384 pages, 6 x 9, (1997) This PDF is available from the National Academies Press at: http://www.nap.edu/catalog/5155.html 66 World Health Organization. Electromagnetic Fields and Public Health: Exposure to Extremely Low Frequency Fields. June 2007. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs322/en/ 67 World Health Organization. Electromagnetic Fields and Public Health: Static Electric and Magnetic Fields. March 2006. Accessed August 2016. http://www.who.int/peh-emf/publications/facts/fs299/en/ 68 Asher Sheppard, Health Issues Related to the Static and Power-Frequency Electric and Magnetic Fields (EMFs) of the Soitec Solar Energy Farms, April 30, 2014. Accessed March 2017: www.sandiegocounty.gov/content/dam/sdc/pds/ceqa/Soitec-Documents/Final-EIR-Files/Appendix_9.0-1_EMF.pdf 69 Massachusetts Clean Energy Center. Study of Acoustic and EMF Levels from Solar Photovoltaic Projects. December 2012. Accessed August 2016. 70 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequently_asked_questions.asp 71 National Institute of Environmental Health Sciences, Electric and Magnetic Fields Associate with the use of Electric Power: Questions and Answers, 2002. Accessed November 2016 www.niehs.nih.gov/health/materials/electric_and_magnetic_fields 72 Duke Energy Corporation. Frequently Asked Questions: Electric and Magnetic Fields. Accessed August 2016. https://www.duke-energy.com/about-energy/frequently_asked_questions.asp 73 R.A. Tell et al, Electromagnetic Fields Associated with Commercial Solar Photovoltaic Electric Power Generating Facilities, Journal of Occupational and Environmental Hygiene, Volume 12, 2015,- Issue 11. Abstract Accessed March 2016: http://www.tandfonline.com/doi/full/10.1080/15459624.2015.1047021 74 Massachusetts Department of Energy Resources, Massachusetts Department of Environmental Protection, and Massachusetts Clean Energy Center. Questions & Answers: Ground-Mounted Solar Photovoltaic Systems. June 2015. Accessed August 2016. http://www.mass.gov/eea/docs/doer/renewables/solar/solar-pv-guide.pdf 75 Ibid. 76 Ibid. 77 EMFs and medical devices, Accessed March 2017. www.emfs.info/effects/medical-devices/ 78 ibid. 79 Damon McCluer. Electrical Construction & Maintenance: NFPA 70E’s Approach to Considering DC Hazards. September 2013. Accessed October 2016. http://ecmweb.com/safety/nfpa-70e-s-approach-considering-dc-hazards, 80 Hong-Yun Yang, et. al. Experimental Studies on the Flammability and Fire Hazards of Photovoltaic Modules, Materials. July 2015. Accessed August 2016. http://www.mdpi.com/1996-1944/8/7/4210/pdf 81 Matt Fountain. The Tribune. Fire breaks out at Topaz Solar Farm. July 2015. Accessed August 2016. www.sanluisobispo.com/news/local/article39055539.html 82 Cooperative Research Network. Matthew Paiss. Tech Surveillance: PV Safety & Code Developments. October 2014. Accessed August 2016. http://www.nreca.coop/wp-content/uploads/2013/06/ts_pv_fire_safety_oct_2014.pdf Published by the N.C. Clean Energy Technology Center at N.C. 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Wacker Drive, Suite 2600 Chicago, Illinois 60606 (312) 508-5900 Patricia L. McGarr, MAI, CRE, FRICS Andrew R. Lines, MAI Erin C. Bowen, MAI June 29, 2022 Prepared for TPE Development, LLC Page | 2 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. LETTER OF TRANSMITTAL June 29, 2022 Adam Beal Executive Vice President of Development TPE Development, LLC 3720 South Dahlia Street Denver, CO 80237 SUBJECT: Property Value Impact Report An Analysis of Existing Solar Farms To Whom it May Concern: CohnReznick is pleased to submit the accompanying property values impact report for proposed solar energy uses in Illinois. Per the client’s request, CohnReznick researched property transactions adjacent to existing solar farms, researched and analyzed articles and other published studies, and interviewed real estate professionals and Township/County Assessors active in the market where solar farms are located, to gain an understanding of actual market transactions in the presence of solar energy uses. The purpose of this consulting assignment is to determine whether proximity to a renewable energy use (solar farm) has an impact adjacent property values. The intended use of our opinions and conclusions is to assist the client in addressing local concerns and to provide information that local bodies are required to consider in their evaluation of solar project use applications. We have not been asked to value any specific property, and we have not done so. The client and intended user for the assignment is TPE Development, LLC (“Turning Point”). Additional intended users of our findings include Turning Point’s designated project companies, all relevant permitting authorities for Turning Point’s proposed solar projects in Illinois. The report may be used only for the aforementioned purpose and may not be distributed without the written consent of CohnReznick LLP (“CohnReznick”). This consulting assignment is intended to conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, as well as applicable state appraisal regulations. Based on the analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed in the report, our findings are: Prepared for TPE Development, LLC Page | 3 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. FINDINGS I. Academic Studies (pages 19-21): CohnReznick reviewed and analyzed published academic studies that specifically analyzed the impact of solar facilities on nearby property values. These studies include multiple regression analyses of hundreds and thousands of sales transactions, and opinion surveys, for both residential homes and farmland properties in rural communities, which concluded existing solar facilities have had no negative impact on adjacent property values. Peer Authored Studies: CohnReznick also reviewed studies prepared by other real estate valuation experts that specifically analyzed the impact of solar facilities on nearby property values. These studies found little to no measurable or consistent difference in value between the Test Area Sales and the Control Area Sales attributed to the proximity to existing solar farms and noted that solar energy uses are generally considered a compatible use. II. CohnReznick Studies (pages 22-92): Further, CohnReznick has performed 26 studies in over 15 states, of both residential and agricultural properties, in which we have determined that the existing solar facilities have not caused any consistent and measurable negative impact on property values. For this Project, we have included 10 of these studies which are most similar to the subject in terms of general location and size, summarized as follows: It is noted that proximity to the solar farms has not deterred sales of nearby agricultural land and residential single-family homes nor has it deterred the development of new single-family homes on adjacent land. This report also includes two “Before and After” analysis, in which sales that occurred prior to the announcement and construction of the solar farm project were compared with sales that occurred after completion of the solar farm project, for both adjoining and non-adjoining properties. No measurable impact on property values was demonstrated. Solar Farm Location Site Area (Acres) Power Output (MW AC) Date Project Completed Impact on Surrounding Property Values 1 Portage Solar Porter County, IN 56 2.0 Sep-12 No Impact 2 Lapeer (Demille & Turrill Solar) Lapeer County, MI 270 48.0 May-17 No Impact 3 Grand Ridge Solar LaSalle County, IL 158 20.0 Dec-10 No Impact 4 Woodland Solar Isle of Wight County, VA 204 19.0 Dec-16 No Impact 5 Dominion Indy Solar III Marion County, IN 134 8.6 Dec-13 No Impact 6 Sunfish Farm Solar Wake County, NC 50 5.0 Dec-15 No Impact 7 Call Farms 3 Solar Genesee County, NY 82 2.0 Jul-18 No Impact 8 IMPA Frankton Madison County, IN 13 1.4 Jun-14 No Impact 9 Jefferson County Community Jefferson County, CO 13 1.2 May-16 No Impact 10 Valparaiso Solar, LLC Porter County, IN 28 1.0 Dec-12 No Impact CohnReznick - Existing Solar Farms Studied Prepared for TPE Development, LLC Page | 4 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. III. Market Participant Interviews (pages 93-95): Our conclusions also consider interviews with over 45 County and Township Assessors, who have at least one solar farm in their jurisdiction, and in which they have determined that solar farms have not negatively affected adjacent property values. With regards to the Project, we specifically interviewed Assessors in Illinois: x In Otter Creek Township, in LaSalle County, Illinois, we spoke with Viki Crouch, the Township Assessor, who she said that there has been no impact on property values due to their proximity to the Grand Ridge Solar Farm. x We spoke with Ken Crowley, Rockford Township Assessor in Winnebago County, Illinois, who stated that he has seen no impact on property values in his township as an effect of proximity to the Rockford Solar Farm. x We spoke with James Weisiger, the Champaign Township Assessor in Champaign County, where the University of Illinois Solar Farm is located, and he noted there appears to have been no impact on property values as a result of proximity to the solar farm. To give us additional insight as to how the market evaluates farmland and single-family homes with views of solar farms, we interviewed numerous real estate brokers and other market participants who were party to actual sales of property adjacent to solar; these professionals also confirmed that solar farms did not diminish property values or marketability in the areas they conducted their business. IV. Solar Farm Factors on Harmony of Use (pages 98-103): In the course of our research and studies, we have recorded information regarding the compatibility of these existing solar facilities and their adjoining uses, including the continuing development of land adjoining these facilities. CONCLUSION Considering all of the preceding, the data indicates that solar facilities do not have a negative impact on adjacent property values. Prepared for TPE Development, LLC Page | 5 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Very truly yours, CohnReznick LLP Andrew R. Lines, MAI Principal Certified General Real Estate Appraiser Illinois License No. 553.001841 Expires 9/30/2023 Indiana License No. CG41500037 Expires 6/30/2022 Patricia L. McGarr, MAI, CRE, FRICS National Director - Valuation Advisory Services Certified General Real Estate Appraiser Illinois License No. #553.000621 Expires 9/30/2023 Indiana License No. #CG49600131 Expires 6/30/2022 Michigan License No. 1201072979 Expires 7/31/2022 Erin C. Bowen, MAI Senior Manager Certified General Real Estate Appraiser Arizona License No. 32052 Expires 12/31/2022 Prepared for TPE Development, LLC Page | 6 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TABLE OF CONTENTS LETTER OF TRANSMITTAL .................................................................................................................................................................. 2 FINDINGS .............................................................................................................................................................................. 3 CONCLUSION ......................................................................................................................................................................... 4 SCOPE OF WORK ............................................................................................................................................................................... 8 CLIENT AND INTENDED USERS ................................................................................................................................................ 8 INTENDED USE ...................................................................................................................................................................... 8 PURPOSE .............................................................................................................................................................................. 8 DEFINITION OF VALUE ............................................................................................................................................................ 8 EFFECTIVE DATE & DATE OF REPORT .................................................................................................................................... 9 PRIOR SERVICES ................................................................................................................................................................... 9 INSPECTION ........................................................................................................................................................................... 9 OVERVIEW OF SOLAR DEVELOPMENT IN THE UNITED STATES ......................................................................................................... 10 NATIONAL COMMUNITY SOLAR ENERGY PRODUCTION ........................................................................................................... 13 SOLAR ENERGY PRODUCTION IN ILLINOIS ............................................................................................................................. 14 APPRAISAL THEORY – ADAJCENT PROPERTY’S IMPACT ON VALUE .................................................................................................. 15 METHODOLOGY ................................................................................................................................................................... 16 SCOPE OF WORK................................................................................................................................................................. 17 TECHNIQUE 1: REVIEW OF PUBLISHED STUDIES .............................................................................................................................. 19 ACADEMIC REPORTS ........................................................................................................................................................... 19 VALUATION EXPERT REPORTS ............................................................................................................................................. 20 REAL ESTATE ASSESSOR SOLAR IMPACT REPORTS .............................................................................................................. 21 CONCLUSION ....................................................................................................................................................................... 21 TECHNIQUE 2: PAIRED SALE ANALYSIS ............................................................................................................................................ 22 SOLAR FARM 1: DTE LAPEER SOLAR PROJECT, LAPEER, MICHIGAN ...................................................................................... 22 SOLAR FARM 2: GRAND RIDGE SOLAR FARM, LASALLE COUNTY, ILLINOIS ............................................................................. 45 SOLAR FARM 3: WOODLAND SOLAR FARM, ISLE OF WIGHT COUNTY, VIRGINIA ....................................................................... 50 SOLAR FARM 4: DOMINION INDY SOLAR III, MARION COUNTY, INDIANA .................................................................................. 55 SOLAR FARM 5: SUNFISH FARM SOLAR, WAKE COUNTY, NORTH CAROLINA ........................................................................... 67 SOLAR FARM 6: CALL FARMS 3 SOLAR, BATAVIA, GENESSEE COUNTY, NEW YORK ................................................................ 74 SOLAR FARM 7: PORTAGE SOLAR FARM, PORTAGE, PORTER COUNTY, INDIANA .................................................................... 22 SOLAR FARM 8: IMPA FRANKTON SOLAR FARM, FRANKTON, INDIANA ................................................................................... 78 SOLAR FARM 9: JEFFERSON COUNTY COMMUNITY SOLAR GARDEN, JEFFERSON COUNTY, COLORADO ................................... 84 SOLAR FARM 10: VALPARAISO SOLAR, VALPARAISO, PORTER COUNTY, INDIANA ................................................................... 89 TECHNIQUE 3: MARKET COMMENTARY .......................................................................................................................................... 94 SOLAR FARM FACTORS ON HARMONY OF USE ................................................................................................................................ 97 SUMMARY AND FINAL CONCLUSIONS ........................................................................................................................................... 104 Prepared for TPE Development, LLC Page | 7 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. CERTIFICATION .............................................................................................................................................................................. 106 ASSUMPTIONS AND LIMITING CONDITIONS .................................................................................................................................. 108 ADDENDUM A: APPRAISER QUALIFICATIONS ............................................................................................................................... 112 Prepared for TPE Development, LLC Page | 8 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SCOPE OF WORK CLIENT AND INTENDED USERS The client and intended user of this report is TPE Development, LLC and it's designated project companies; other intended users may include the client’s legal and site development professionals. Additional intended users of our findings include all relevant permitting authorities for Turning Point’s proposed solar projects in Illinois. INTENDED USE The intended use of our findings and conclusions is to address certain criteria required for the granting of approvals for proposed solar energy uses. We have not been asked to value any specific property, and we have not done so. The report may be used only for the aforementioned purpose and may not be distributed without the written consent of CohnReznick LLP (“CohnReznick”). PURPOSE The purpose of this consulting assignment is to determine whether proximity to the proposed solar facility will result in an impact on adjacent property values. DEFINITION OF VALUE This report utilizes Market Value as the appropriate premise of value. Market value is defined as: “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.”1 1 Code of Federal Regulations, Title 12, Chapter I, Part 34.42[h] Prepared for TPE Development, LLC Page | 9 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. EFFECTIVE DATE & DATE OF REPORT June 29, 2022 (Paired sale analyses contained within each study are periodically updated.) PRIOR SERVICES USPAP requires appraisers to disclose to the client any services they have provided in connection with the subject property in the prior three years, including valuation, consulting, property management, brokerage, or any other services. This report is a compilation of the Existing Solar Farms which we have studied over the past year, and is not evaluating a specific subject site. In this instance, there is no “subject property” to disclose. INSPECTION Patricia L. McGarr, MAI, CRE, FRICS, Andrew R. Lines, MAI, and Erin C. Bowen, MAI have viewed the exterior of all comparable data referenced in this report in person, via photographs, or aerial imagery. Prepared for TPE Development, LLC Page | 10 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. OVERVIEW OF SOLAR DEVELOPMENT IN THE UNITED STATES Solar development increased almost exponentially since 2010 in the United States as technology and the economic incentives (Solar Investment Tax Credits or ITC) made the installation of solar farms economically reasonable. The cost to install solar panels has dropped nationally by 70 percent from 2010 to 2020, a major reason leading to the increase in installations. A majority of these solar farm installations are attributed to larger- scale solar farm developments for utility purposes. The chart below portrays the historical increase on an annual basis of solar installations in the U.S. as a whole, as well as the base case projections through 2026, courtesy of research by Solar Energy Industries Association (SEIA) and Wood Mackenzie. The United States installed a record of 23.6 Gigawatts (GW) DC of solar photovoltaic capacity for all the sectors, residential, commercial, community solar and utility-scale solar projects in 2021, an increase of 19 percent over 2020. Prepared for TPE Development, LLC Page | 11 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Overall, solar power generation accounted for 46 percent of all new electricity-generating capacity additions from in 2021 and continues to make up the largest share of new generating capacity in the U.S. The US solar industry had the weakest quarter in two years for solar installation, with 3.9 gigawatts-direct current (GWdc) of capacity installed, a 24 percent decrease from the first quarter 2021. Supply chain constraints and shipment delays have slowed the installation process and as a result, the US solar industry is expected to have 15.6 GWdc installed in 2022. Despite continued installation growth, 2022 is predicted to be challenging for the solar industry. Thanks to ongoing supply chain constraints and price increases, Wood Mackenzie has lowered the 2022 outlook by 25 percent, a decrease of 7.4 GWdc. However, the 2022 outlook for community solar segments have only been lowered by 0.3 percent. The beginning dates for operation of multiple gigawatts of projects have been pushed from 2022 into 2023 or later. The projects likely to come online in 2022 already have secured equipment, as of the end of 2021. The ITC extension scenario would result in an additional 43.5 GWdc of solar capacity over the next five years, most of which would come from utility-scale solar. The chart below presents the base case forecast for solar installations and projections for an ITC extension scenario.2 Recent articles show that over the past decade, the solar industry has experienced unprecedented growth. Among the factors contributing to its growth were government incentives, significant capacity additions from existing and new entrants and continual innovation. Solar farms offer a wide array of economic and environmental benefits to surrounding properties. Unlike other energy sources, solar energy does not produce emissions that may cause negative health effects or environmental damage. Solar farms produce a lower 2 U.S. Solar Market Insight, Executive Summary, Q4 2021, Solar Energy Industries Association (SEIA). Prepared for TPE Development, LLC Page | 12 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. electromagnetic field exposure than most household appliances, such as TV and refrigerators, and studies have confirmed there are no health issues related to solar farms.3 Solar farm construction in rural areas has also dramatically increased the tax value of the land on which they are built, which has provided a financial boost to some counties. CohnReznick has studied real estate tax increases due to the installation of solar, which can range up to 10-12 times the rate for farmland. A majority of tax revenue is funneled back into the local area, and as much as 50 percent of increased tax revenue can typically be allocated to the local school district. By converting farmland to a passive solar use for the duration of the system’s life, the solar energy use does not burden school systems, utilities, traffic, nor infrastructure as it is a passive use that does not increase population as say a residential subdivision would. In the state of Illinois, the fair cash value for a commercial solar energy system is based on its nameplate capacity per megawatt. Beginning assessment year 2018, in counties with fewer than 3,000,000 inhabitants, the fair cash value of a commercial solar energy system is $218,000 per megawatt of nameplate capacity. This includes the owner of the commercial solar energy system’s interest in the land within the project boundaries and real property improvements. The chief county assessment officer (CCAO) will add an inflationary increase, called a “trending factor” to the 2018 value. The result is called the “trended real property cost basis.” An amount for depreciation is then subtracted from the trended real property cost basis to determine the taxable value for the current assessment year. Beyond creating jobs, solar farms are also benefiting the overall long-term agricultural health of the community. The unused land, and also all the land beneath the solar panels, will be left to rejuvenate naturally. In the long run this is a better use of land since the soil is allowed to recuperate instead of being ploughed and fertilized year after year. A solar farm can offer some financial security for the property owner over 20 to 25 years. Once solar panel racking systems are removed, the land can revert to its original use.4 3 “Electromagnetic Field and Public Health.” Media Centre (2013): 1-4. World Health Organization. 4 NC State Extension. (May 2016). Landowner Solar Leasing: Contract Terms Explained. Retrieved from: https://content.ces.ncsu.edu/landowner-solar-leasing-contract-terms-explained Prepared for TPE Development, LLC Page | 13 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. NATIONAL COMMUNITY SOLAR ENERGY PRODUCTION Community solar projects (facilities that generate 5 MW AC or less of power) account for 4,900 MWdc of installed power in the U.S. as of the second quarter 2022, according to SEIA data. The community solar industry had a record setting year in 2021 with 957 MWdc installed, according to SEIA data. According to the U.S. Energy Information Administration (EIA) through March 2022, there are over 4,033 community solar facilities in operation across the country. Community solar installations significantly grew year-over-year as of first quarter 2022, however, installations are down 59 percent from the fourth quarter 2021. Due to uncertainty around the anti-circumvention investigation, supply chain issues, and long timelines for new community solar policies, community solar installations are expected to contract in 2022. The growth of community solar installations from 2014 to 2021 is presented in the chart below. Illinois community solar installations rank in the top eight states. Prepared for TPE Development, LLC Page | 14 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Reductions in some states are offset by increases in other markets, particularly in Illinois. The Illinois Energy Transition Act revives funding for the Adjustable Block Program, laying out a pathway for completing waitlisted projects. If an ITC extension is passed as part of the BBB Act, community solar would see a small 3 percent uplift from 2022 to 2027 compared to the base case, as shown in the chart below. While early growth for community solar installations was led primarily by three key markets - New York, Minnesota, and Massachusetts - a growing list of states with community solar programs have helped diversify the market, creating large pipelines set to come to fruition over the next several years. SOLAR ENERGY PRODUCTION IN ILLINOIS As of the end of the first two quarters of 2022, Illinois had 641.3 MW AC of power installed in 112 facilities overall, ranking seventeenth in the U.S. for the capacity of solar installed. The vast majority of solar farms in Illinois are community solar facilities (105) generating 194.4 MW AC, of power as of March 2022, according to the EIA. Illinois has 1,678.2 MW AC of solar power planned for installation through December 2022 in 12 facilities across the state. Nine of the planned solar installations in Illinois are utility scale and total 1,672.2 MW AC, or 99 percent of all planned installations. Additionally, there is a total of 3,712 MW planned over the next five years. The largest new solar facility in Illinois will be a 600 MW AC utility scale installation projected to become operational in December 2024 in Lee County, that is being developed by Steward Creek Solar. The total planned solar facilities will increase solar power generation in the state by approximately 262 percent. There are 3 community solar projects planned for the state of Illinois before the end of 2022, generating a total of 6.0 MW AC of power. Prepared for TPE Development, LLC Page | 15 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. APPRAISAL THEORY – ADJACENT PROPERTY’S IMPACT ON VALUE According to Randall Bell, PhD, MAI, author of text Real Estate Damages, published by the Appraisal Institute in 2016, understanding the market’s perceptions on all factors that may have an influence on a property’s desirability (and therefore its value) is essential in determining if a diminution or enhancement of value has occurred.5 According to Dr. Bell: “There is often a predisposition to believe that detrimental conditions automatically have a negative impact on property values. However, it is important to keep in mind that if a property’s value is to be affected by a negative condition, whether internal or external to the property, that condition must be given enough weight in the decision-making process of buyers and sellers to have a material effect on pricing relative to all the other positive and negative attributes that influence the value of that particular property.”6 Market data and empirical research through the application of the three traditional approaches to value should be utilized to estimate the market value to determine if there is a material effect on pricing due, to the influence of a particular characteristic of or on a property. A credible impact analysis is one that is logical, innate, testable and repeatable, prepared in conformity with approved valuation techniques. In order to produce credible assignment results, more than one valuation technique should be utilized for support for the primary method, or a check of reasonableness, such as utilization of more than one approach to value, conducting a literature review, or having discussions (testimony) with market participants.7 CohnReznick implemented the scientific method 8 to determine if a detrimental condition of proximity to a solar farm exists, further described in the next section. 5 Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Pages 1-2) 6 Ibid, Page 314 7 Ibid, Pages 7-8 8 The scientific method is a process that involves observation, development of a theory, establishment of a hypothesis, and testing. The valuation process applies principles of the scientific method as a model, based upon economic principles (primarily substitution) as the hypothesis. The steps for the scientific method are outlined as follows: 1. Identify the problem. 2. Collect relevant data. 3. Propose a hypothesis. 4. Test the hypothesis. 5. Assess the validity of the hypothesis. Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Pages 314-316) Prepared for TPE Development, LLC Page | 16 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. METHODOLOGY The purpose of this report is to determine whether proximity to the solar facility resulted in any measurable and consistent impact on adjacent property values. To test this hypothesis, CohnReznick identified three relevant techniques to test if a detrimental condition exists. (1) A review of published studies; (2) Paired sale analysis of properties adjacent to existing solar generating facilities, which may include repeat sale analyses or “Before and After” analyses; and, (3) Interviews with real estate professionals and local real estate assessors. The paired sales analysis is an effective method of determining if there is a detrimental impact on surrounding properties. “One of the most useful applications of the sales comparison approach is paired sale analysis. This type of analysis may compare the subject property or similarly impacted properties called Test Areas (at Points B, C, D, E, or F) with unimpaired properties called Control Areas (Point A). A comparison may also be made between the unimpaired value of the subject property before and after the discovery of a detrimental condition. If a legitimate detrimental condition exists, there will likely be a measurable and consistent difference between the two sets of market data; if not, there will likely be no significant difference between the two sets of data. This process involves the study of a group of sales with a detrimental condition, which are then compared to a group of otherwise similar sales without the detrimental condition.”9 As an approved method, paired sales analysis can be utilized to extract the effect of a single characteristic on value. By definition, paired data analysis is “a quantitative technique used to identify and measure adjustments to the sale prices or rents of comparable properties; to apply this technique, sales or rental data on nearly identical properties is analyzed to isolate a single characteristic’s effect on value or rent.”10 The text further describes that this method is theoretically sound when an abundance of market data, or sale transactions, is available for analysis. Where data is available, CohnReznick has also prepared “Before and After” analyses or a Repeat Sale Analysis,11 to determine if a detrimental impact has occurred. 9 Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Page 33) 10 The Appraisal of Real Estate 14 th Edition. Chicago, IL: Appraisal Institute, 2013. 11 Another type of paired sales analysis involves studying the sale and subsequent resale of the same property. This method is used to determine the influence of time on market values or to determine the impact of a detrimental condition by comparing values before and after the discovery of the condition. Bell, Randall, PhD, MAI. Real Estate Damages. Third ed. Chicago, IL: Appraisal Institute, 2016. (Page 35) Prepared for TPE Development, LLC Page | 17 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SCOPE OF WORK The scope of work utilized to test the hypothesis stated on the prior page is as follows: 1. Review published studies, assess credibility, and validity of conclusions; 2. Prepare paired sale analyses for existing solar farms as follows: 2.1. Identify existing solar farms comparable to the proposed project to analyze; 2.2. Define Test Area Sales and Control Areas Sales; 2.3. Collect market data (sale transactions) for both Test Area and Control Area Sales; 2.4. Analyze and confirm sales, including omission of sales that are not reflective of market value; 2.5. Prepare comparative analysis of Test Area and Control Area sales, adjusting for market conditions; 2.6. Interpret calculations; and 3. Conduct interviews with real estate professionals and local real estate assessors who have evaluated real property adjacent to existing solar farms. It should be noted that our impact report data and methodology have been previously reviewed by our peer in the field – Kirkland Appraisals, LLC – as well as by the Solar Energy Industries Association (SEIA). The following bullet points summarize important elements to consider in our scope of work: x Due to the limited number of community solar projects that qualified for study in the state of Illinois, we have incorporated some regional utility scale projects and community solar projects in other states. x Test Area Sales consists of sales that are adjacent to an existing solar facility. Ownership and sales history for each adjoining property to an existing solar farm through the effective date of this report is maintained within our workfile. Adjoining properties with no sales data or that sold prior to the announcement of the solar farm were excluded from further analysis. x Control Area Sales are generally located in the same market area, although varies based on the general location of the existing solar farm under analysis. In rural areas, sales are identified first within the township, and expands radially outward through the county until a reliable set of data points is obtained. x Control Area Sales are generally between 12 and 18 months before or after the date of the Test Area Sale(s), and are comparable in physical characteristics such as age, condition, style, and size. x Sales of properties that sold in a non-arm’s length transaction (such as a transaction between related parties, bank-owned transaction, or between adjacent owners) were excluded from analysis as these are not considered to be reflective of market value, as defined earlier in this report. The sales that remained after exclusions were considered for a paired sale analysis. Prepared for TPE Development, LLC Page | 18 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. x The methodology employed in this report for paired sale analysis does not rely on multiple subjective adjustments that are typical in many appraisals and single-paired sales analyses. Rather, the methodology remains objective, and the only adjustment required is for market conditions ;12 the analysis relies upon market conditions trends tracked by credible agencies such as the Federal Housing Finance Agency (“FHFA”), who maintains a House Price Index (“HPI”)13 for macro and micro regions in the United States. A market conditions adjustment is a variable that affects all properties similarly and can be adjusted for in an objective manner. x To make direct comparisons, the sale price of the Control Area Sales was adjusted for market conditions to a common date. In this analysis, the common date is the date of the Test Area Sale(s). After adjustment, any measurable difference between the sale prices would be indicative of a possible price impact by the solar facility. x If there is more than one Test Area Sale to evaluate, the sales are grouped if they exhibit similar transactional and physical characteristics; otherwise, they are evaluated separately with their own respective Control Area Sale groups. 12 Adjusting for market conditions is necessary as described in The Appraisal of Real Estate 14th Edition as follows: “Comparable sales that occurred under market conditions different from those applicable to the subject on the effective date of appraisal require adjustment for any differences that affect their values. An adjustment for market conditions is made if general property values have increased or decreased since the transaction dates.” 13 The FHFA HPI is a weighted, repeat-sales index, meaning that it measures average price changes in repeat sales or refinancings on the same properties. This information is obtained by reviewing repeat mortgage transactions on single-family properties whose mortgages have been purchased or securitized by Fannie Mae or Freddie Mac since January 1975. The FHFA HPI serves as a timely, accurate indicator of house price trends at various geographic levels. Because of the breadth of the sample, it provides more information than is available in other house price indexes. Prepared for TPE Development, LLC Page | 19 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TECHNIQUE 1: REVIEW OF PUBLISHED STUDIES The following is a discussion of various studies that consider the impact of solar farms on surrounding property values. The studies range from quantitative analysis to survey-based formal research to less formal analyses . ACADEMIC REPORTS There have been three academic reports that attempt to quantify the effect on property values due to proximity to solar. i. The first report is a study completed by The University of Texas at Austin, published in May 2018.14 The portion of the study focusing on property impact was an Opinion Survey of Assessors with no sales data or evidence included in the survey. The opinion survey was sent to 400 accessors nationwide and received only 37 responses. Of those 37 assessors, only 18 had assessed a home near a utility-scale solar installation, the remainder had not. Of the 18 assessors with experience in valuing homes near solar farms, 17 had not found any impact on home values near solar. Those are the actual facts in the study. A small number of those assessor respondents hypothetically surmised an impact, but none had evidence to support such statements. The paper admits that there is no actual sales data analyzed, and further denotes its own areas of weakness, including “This study did not differentiate between ground-mounted and rooftop installations.” The author states on the last line of page 22: “Finally, to shift from perceived to actual property value impacts, future research can conduct analyses on home sales data to collect empirical evidence of actual property value impacts.” The paper concludes with a suggestion that a statistic hedonic regression model may better identify impacts. It should be noted that the type of statistical analysis that the author states is required to determine “actual property value impacts’ was completed two years later by the following Academic Studies. ii. The second report is a study prepared by a team at the University of Rhode Island, published in September 2020, “Property Value Impacts of Commercial-Scale Solar Energy in Massachusetts and Rhode Island.”15 The study utilized a hedonic pricing model, or multiple regression analysis, to quantify the effect of proximity on property values due to solar by studying existing solar installations in Massachusetts and Rhode Island. The study evaluated 208 solar facilities, 71,373 housing sales occurring within one-mile of the solar facilities (Test Group), and 343,921 sales between one-to-three 14 Al-Hamoodah, Leila, et al. An Exploration of Property-Value Impacts Near Utility-Scale Solar Installations. Policy Research Project (PRP), LBJ School of Public Affairs, The University of Texas at Austin, May 2018, emp.lbl.gov/sites/default/files/property- value_impacts_near_utility-scale_solar_installations.pdf. 15 Gaur, V. and C. Lang. (2020). Property Value Impacts of Commercial-Scale Solar Energy in Massachusetts and Rhode Island. Submitted to University of Rhode Island Cooperative Extension on September 29, 2020. Accessed at https://web.uri.edu/coopext/valuing-sitingoptions-for-commercial-scale-solar-energy-in-rhode-island/. Prepared for TPE Development, LLC Page | 20 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. miles (Control Group). Because it is a hedonic regression model, it allowed them to isolate specific variables that could impact value, including isolating rural and non-rural locations. The study defines “Rural,” as an area having a “population density of 850 people per square mile or fewer.” The study provides data which found no negative impact to residential homes near solar arrays in rural areas: “these results suggest that [the Test Area] in rural areas is effectively zero (a statistically insignificant 0.1%), and that the negative externalities of solar arrays are only occurring in non-rural areas.“16 Further, the study tested to determine if the size of the installation impacted values, and found no evidence of differential property values impacts by the solar installation’s size. Thus, not only are there no impacts to homes in similar areas as the proposed Project, but any differences in the size of a solar farm are similarly not demonstrating an impact. iii. The third report is a published study prepared by Dr. Nino Abashidze, School of Economics, Georgia Institute of Technology, dated October 20, 2020, entitled “Utility Scale Solar Farms and Agricultural Land Values.” Abashidze examined 451 solar farms in North Carolina. “Across many samples and specifications, we find no direct negative or positive spillover effect of a solar farm construction on nearby agricultural land values. Although there are no direct effects of solar farms on nearby agricultural land values, we do find evidence that suggests construction of a solar farm may create a small, positive, option-value for land owners that is capitalized into land prices. Specifically, after construction of a nearby solar farm, we find that agricultural land that is also located near transmission infrastructure may increase modestly in value.” VALUATION EXPERT REPORTS We have similarly considered property value impact studies prepared by other experts, which have also noted that the installation of utility-scale solar on a property has no measurable or consistent impact on adjoining property value. According to a report titled “Mapleton Solar Impact Study” from Kirkland Appraisals, LLC, conducted in Murfreesboro, North Carolina in September 2017, which studied 13 existing solar farms in the state, found that the solar farms had no impact on adjacent vacant residential, agricultural land, or residential homes. The paired sales data analysis in the report primarily consisted of low density residential and agricultural land uses and included one case where the solar farm adjoined to two dense subdivisions of homes. Donald Fisher, ARA who has served six years as Chair of the American Society of Farm Managers and Rural Appraisers, and has prepared several market studies examining the impact of solar on residential values was quoted in a press release dated February 15, 2021 stating, “Most of the locations were in either suburban or 16 The University of Rhode Island study’s conclusion that there may be an impact to non-rural communities is surmised is that “land is abundant in rural areas, so the development of some land into solar does little to impact scarcity, whereas in non-rural areas it makes a noticeable impact. Prepared for TPE Development, LLC Page | 21 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. rural areas, and all of these studies found either a neutral impact or, ironically, a positive impact, where values on properties after the installation of solar farms went up higher than time trends.” REAL ESTATE ASSESSOR SOLAR IMPACT REPORTS The Chisago County (Minnesota) Assessor’s Office conducted their own study on property prices adjacent to and in the close vicinity of the North Star solar farm in Chisago County, Minnesota. At the November 2017 Chisago County Board meeting, John Keefe, the Chisago County Assessor, presented data from his study. He concluded that the North Star solar farm had, “no adverse impact” on property values. His study encompassed 15 parcels that sold and were adjacent or in the close vicinity to the solar farm between January 2016 and October 2017; the control group used for comparison comprised of over 700 sales within the county. Almost all of the [Test Area] properties sold were at a price above the assessed value. He further stated that, “It seems conclusive that valuation has not suffered.”17 Furthermore, Grant County, Kentucky Property Value Administrator, Elliott Anderson, stated that Duke Energy built a solar farm near Crittenden, adjacent to existing homes on Claiborne Drive in December 2017. At the time of the interview, there have been nine arm’s length homes sales on that street since the solar farm commenced operations. Each of those nine homes sold higher than its assessed value, and one over 32 percent higher. At the time, Anderson noted that several more lots were for sale by the developer and four more homes were currently under construction. Anderson said that the solar farm had no impact either on adjoining home values or on marketability or desirability of those homes adjacent to the solar farm. CONCLUSION These published studies and other valuation expert opinions conclude that there is no impact to property adjacent to established solar farms. These conclusions have been confirmed by academic studies utilizing large sales databases and regression analysis investigating this uses’ potential impact on property values. Further, the conclusion has been confirmed by county assessors who have also investigated this adjacent land use’ potential impact on property values. 17 Chisago County Press: County Board Real Estate Update Shows No “Solar Effects” (11/03/2017) Prepared for TPE Development, LLC Page | 22 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TECHNIQUE 2: PAIRED SALE ANALYSIS SOLAR FARM 1: PORTAGE SOLAR FARM, PORTAGE, PORTER COUNTY, INDIANA Coordinates: Latitude 41.333263, Longitude -87.093015 PIN: 64-06-19-176-001.000-015 Total Land Size: 56 AC Date Project Announced: February 2012 Date Project Completed: September 2012 Output: 1.96 MW AC (1.5 MW DC) The solar farm was developed by Ecos Energy, a subsidiary of Allco Renewable Energy Limited, and is currently owned by PLH, Inc. This solar panels are ground-mounted the facility has the capacity for 1.96 Megawatts (MW) AC of power, which is enough to power 300 homes. This solar farm consists of 7,128 solar modules which are of a fixed tilt installation and it contains three inverters. The Surrounding Area: The Portage Solar Farm is located outside the City of Portage, in Portage Township, approximately 2.5 miles to the southeast of the city center. The solar farm is also approximately two miles northwest of South Haven, a neighboring residential community. Portage Township is in the northern portion of Porter County, which is in the northwestern corner of the state of Indiana. The solar farm is approximately 45 miles southeast of downtown Chicago. The Immediate Area: This solar farm is located on the south side of Robbins Road, and is surrounded to the west, south, and east by agricultural land. Just beyond the agricultural land buffer, uses to the west and east area single family homes, and to the south is an apartment complex and a commercial development with an IMAX movie theater and restaurants. To the north of the solar farm, across Robbins Road uses consist of a residential subdivision and vacant land. The solar farm and surrounding properties have a Valparaiso mailing address. The solar farm is fenced from adjacent properties by a fence that surrounds all of the solar panels. Natural vegetation borders the northern, and eastern sides of the larger agricultural parcel the solar farm is nestled within. Real Estate Tax Information: The taxes on the 56 acres of farmland were $1,400 per year prior to the solar farm development. After the solar farm was developed, only 13 acres (23 percent of the site) were re-assessed and the remaining 43 acres continued to be farmed. The total real estate tax bill increased to $16,350 after the solar farm was built, including both uses on the site. This indicates that the real estate taxes for the solar farm increased from $25 per acre to $1,175 per acre after the solar farm was developed. Prepared for TPE Development, LLC Page | 23 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Prepared for TPE Development, LLC Page | 24 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The map below displays the solar farm parcel shaded in blue, and the adjoining properties (outlined in red). Adjoining Properties to the solar farm are numbered for subsequent analysis. Portage Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 25 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Portage Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 26 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS Adjoining Properties 1 and 7 (Test Area Sales) were each considered for a paired sales analysis. Adjoining Property 1 was analyzed as homestead-small farmland tract since at the time of purchase the site was used only as agricultural land. The buyer bought it as vacant land and subsequently built a home on the site. Adjoining Property 7 was analyzed as a single-family home use. GROUP 1 For Adjoining Property 1 (Group 1), the property line is approximtately 836 feet from the closest solar panel and the residential home that was eventually built is approximately 1,228 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 10. In Group 1, we analyzed nine Control Area Sales of homesteads-small farmland tracts that sold within a reasonable time frame from the sale date of Adjoining Property 1. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. The result of our analysis for Group 1 is presented below. Adj. Property #Address Sale Price Site Size (AC) PI Index (Corn)Year Built Vacant at the Time of Sale Sale Price per Acre Sale Date 1 442 W 875 N, Valparaiso $149,600 18.70 139.30 2017 (After Purchase)Yes $8,000 Feb-14 Portage Solar Test Area Sale Group 1 No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per Acre 4.25% CohnReznick Paired Sale Analysis Portage Solar Group 1 Adjoining solar farm $8,000 Control Area Sales (9) No: Not adjoining solar farm $7,674 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales Test Area Sales (1) Prepared for TPE Development, LLC Page | 27 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 For Adjoining Property 7 (Group 2), the residential home is approximately 1,227 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 7. For Adjoining Property 7, we analyzed seven Control Area Sales of similar single family homes that sold within a reasonable time frame from the sale date of Adjoining Property 7. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. Portage Solar - Group 2: Test Area Sale Map Adj. Property #Address Sale Price Site Size (AC) Beds Baths Year Built Square Feet Sale Price per SF Sale Date 7 836 N 450 W Valparaiso $149,800 1.00 3.0 1.5 1964 1,776 $84.35 Sep-13 Group 2 Portage Solar Test Area Sale Prepared for TPE Development, LLC Page | 28 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The result of our analysis for Group 2 is presented below. Noting the relatively small price differentials between Test Area Sales and Control Area Sales, with both Test Area Sales (Adjoining Property 1 and 7) having higher unit sale prices than the respective Control Area Sales, it does not appear that the Portage Solar Farm had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.10% Control Area Sales (7) No: Not adjoining solar farm $84.27 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Portage Solar Group 2 Test Area Sales (1) Adjoining solar farm $84.35 Prepared for TPE Development, LLC Page | 29 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 2: DTE LAPEER SOLAR PROJECT, LAPEER, MICHIGAN Coordinates: Latitude 43.0368219316, Longitude -83.3369986251 PINs: L20-95-705-050-00, L20-98-008-003-00 Total Land Size: ±365 Acres Date Project Announced: 2016 Date Project Completed: May 2017 Output: 48.28 MW AC Prepared for TPE Development, LLC Page | 30 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Surrounding Area: The DTE Lapeer solar farm is located just south of the City of Lapeer, in Lapeer County, Michigan and is a joint project between the City of Lapeer and DTE Electric Company. The solar farm was developed with Inovateus Solar MI, LLC to meet Michigan renewable energy standards. The solar farm features over 200,000 panels, a power output of 48.28 MW AC, and produces enough energy to power 14,000 homes. The Lapeer solar project was developed in two phases: the Demille Solar installation and the Turrill Solar installation. For purposes of our study, taken together, both installations are considered one solar farm. DTE’s Lapeer Solar Projects Demille and Turrill Solar installations Lapeer is considered to be in the Tri-Cities area of central Michigan and is approximately 21 miles east of the City of Flint. Interstate-69 serves Lapeer and runs east-west just south of the solar farm. The two phases of the solar installation are on the east and west sides of Michigan State Route 24 from each other. Prepared for TPE Development, LLC Page | 31 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Immediate Area: Land uses surrounding the Demille installation include a correctional facility and industrial uses to the west, buffered by a mature stand of trees, a retail center to the northeast, other commercial uses to the east along MI-24/South Lapeer Road, and residential homes to the southeast. Interstate-69 runs south of the Demille solar installation. The Turrill installation is surrounded to the north by a residential subdivision, to the north and east by industrial uses, to the south by vacant land and residential homes, and to the west by light commercial and professional uses along MI-24/South Lapeer Road. Hunter’s Creek divides two sets of solar arrays in the Turrill installation. The Demille installation adjoins Interstate-69 to the South; while a residential subdivision adjoins the solar farm to the east. To the northeast corner of the solar panels is a senior living facility, Stonegate Health Campus, developed before the solar facility. Real Estate Tax Information: Prior to the development of the solar farm, the land under the Demille and Turrill solar installations were municipal-owned and were not subject to property tax. After development, in 2017, the land became taxable and taxes were $82,889 total, as shown below. PIN Acres 2016 Taxes Paid 2017 Taxes Paid Tax Increase 2016 Assessed Value 2017 Assessed Value Value Increase Lapeer County, MI L20-98-008-003-00* 110.84 -$ 34,294$ N/A $ - 726,700$ N/A L20-95-705-050-00* 254.84 -$ 48,595$ N/A $ - 1,029,750$ N/A TOTAL 365.68 -$ 82,889$ N/A -$ 1,756,450$ N/A * Prior to development as a solar farm, the parcels were municpal property without a taxable value. Prepared for TPE Development, LLC Page | 32 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALE ANALYSIS The maps, below, and on the following pages display properties adjoining the solar sites that are numbered in red for subsequent analysis. Demille Solar Farm . DTE Lapeer Solar Projects - Demille Adjoining Properties Prepared for TPE Development, LLC Page | 33 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. DTE Lapeer Solar Projects - Demille Adjoining Properties Prepared for TPE Development, LLC Page | 34 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Turrill Solar Farm DTE Lapeer Solar Projects - Turrill Adjoining Properties Prepared for TPE Development, LLC Page | 35 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. DTE Lapeer Solar Projects - Turrill Adjoining Properties Prepared for TPE Development, LLC Page | 36 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. In reviewing Adjoining Properties to study in a Paired Sale Analysis, several properties and sales were considered but eliminated from further consideration as discussed below. We identified eight Adjoining Properties that sold since the solar farm started operations in May of 2017: Adjoining Properties 3, 4, 7, 9, 10, and 16 for the Demille Solar Farm, and Adjoining Properties 3 and 4 for the Turrill Solar Farm. Of these properties, three were considered atypical for the area. Adjoining Property 7 adjacent to the Demille Solar farm is a split-level home with a finished walk out basement with a pool. The typical home in the area has a traditional basement and pools are atypical. The unusual nature of this sale was confirmed with the selling broker, Renee Voss (see comments below). We note that this home sold twice after the construction of the solar farm, once in September 2018 and again in August 2019. The appreciate rate between the two sale dates are analyzed further later in this section. Adjoining Property 16 just south of the Demille Solar Farm is a 10.1-acre lot that is buffered by trees. The home is atypical for the area, as most homes are situated on lots between 1-acre and 1.5-acres in size and were built before 1980; this home was built in 2008. We interviewed the broker Josh Holbrook (see comments below) who confirmed the atypical nature of this property. Adjoining Property 3, just west of the Turrill Solar Farm, was a ranch home with 1,348 square feet on a lot that was just over one acre. Comparables for homes of this size, type, and lot size were not available in the immediate market area. It should be noted that the price per square foot for this home ($108.01) is significantly higher than median price per square foot of either data set we studied. As a part of our research, we interviewed three local real estate brokers that sold homes adjacent to the Lapeer Solar farm. According to the brokers, there was no impact on the home prices or marketability due to the homes’ proximity to the solar arrays. Renee Voss of Coldwell Banker, selling broker of the raised ranch at 1138 Don Wayne Drive (Adjoining Property 7), which is adjacent to the Demille solar farm at the southeast corner, noted that there was no impact on this sale from the solar farm located to the rear. The home, which has a pool in the backyard, sold quickly with multiple offers, Voss stated. Josh Holbrook, the selling broker of 1408 Turrill Road (known as Adjoining Property 16), located just south of the Demille Solar Farm, said the solar farm had no impact on the sale and that the community takes pride in the solar farm. Anne Pence of National Realty Centers, the selling broker for 1126 Don Wayne Drive, a single-family home adjacent to the Demille solar farm (known as Test Area Sale 9), reported that "the solar farm did not have any effect on the sale of this home. The buyers did not care one bit about the solar field in the back yard. The fact is that you know no one is going to be behind you when they develop a solar farm in your back yard. And [sometimes the developer] put up trees to block the view. My in-laws also actually live at end of that street, even though they haven't sold or put their house on market, they don't mind the solar panels either. It's not an eyesore. And another house sold on that block, a raised ranch home, and it sold with no problems." Prepared for TPE Development, LLC Page | 37 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 1 – DEMILLE Adjoining Properties 3, 4, and 9 to the Demille Solar Farm were considered for a paired sales analysis, and we analyzed these properties as single-family home uses in Group 1. The improvements on these properties are located between 275 to 305 feet to the nearest solar panel. We analyzed six Control Area Sales of single-family homes with similar construction and use that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the median sale date of the Test Area Sales in Group 1. The Control Area Sales for Group 1 are ranch homes with three bedrooms and one and a half to two bathrooms. We excluded sales that were bank-owned, and those between related parties. Adj. Property # Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 3, 4, 9 1174 Alice Dr, 1168 Alice Dr, 1126 Don Wayne Drive $165,000 0.50 3 2.0 1973 1,672 Jan-19 $105.26 Group 1 - Demille Solar Test Area Sales Lapeer Solar-Demille - Group 1: Test Area Sales Map Prepared for TPE Development, LLC Page | 38 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales were adjusted for market conditions using the Federal Housing Finance Agency's House Price Index (HPI), a weighted, repeat-sales index measuring average price changes in repeat sales or refinancing of the same properties. The result of our analysis for DTE Lapeer Solar Project - Group 1-Demille is presented on the below. The days on market for the three Test Area Sales had a median of 29 days on market (ranging from 5 to 48 days), while the median days on market for the Control Area Sales was 21 days (ranging from 5 to 224 days), and we note no significant marketing time differential. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 5.65% Test Area Sales (3) CohnReznick Paired Sale Analysis DTE Lapeer Solar Group 1 - Demille Solar Adjoining solar farm $105.26 Control Area Sales (6) No: Not adjoining solar farm $99.64 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales Prepared for TPE Development, LLC Page | 39 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 – DEMILLE Adjoining Property 10 to the Demille Solar Farm was considered for a paired sales analysis, and we analyzed this property as a single-family home use in Group 2. The improvements on this property are located approximately 315 to the nearest solar panel. We analyzed five Control Area Sales of single-family homes with similar construction and use that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the sale date of the Test Area Sale in Group 2. The Control Area Sales for Group 2 are similarly sized homes in Lapeer County with three to four bedrooms and one and half to three bathrooms, with an above-ground pool, and an attached garage. We excluded sales that were bank-owned, and those between related parties . Adj. Property # Address Sale Price Median Site Size (AC) Bedrooms Bathrooms Year Built/Renovated Square Feet Other Features Sale Date Price PSF 10 1120 Don Wayne Drive, Lapeer $194,000 0.47 3 2.5 1976/2006 1,700 Above Ground Pool, Two Car Garage Nov-19 $114.12 Test Area Sale Group 2 - Demille Solar DTE Lapeer Solar-Demille - Group 2: Test Area Sales Map Prepared for TPE Development, LLC Page | 40 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales were adjusted for market conditions using the Federal Housing Finance Agency's House Price Index (HPI), a weighted, repeat-sales index measuring average price changes in repeat sales or refinancing of the same properties. The result of our analysis for DTE Lapeer Solar Project - Group 2 is presented below. The marketing time for the Test Area Sales was 90 days on market, while the median marketing time for the Control Area Sales was 34 days (ranging from 3 to 73 days). We note the Test Area Sale was initially listed above its market value, as there was a listing price decline after a month on the market. We also note that after the final decrease of the list price, the Test Area Sale home was only on the market 51 more days, which is within the range exhibited by the Control Area Sales. GROUP 3 – TURRILL Adjoining Property 4 to the Turrill Solar Farm was analyzed separately since it is a two-story home on a larger lot than the Test Area Sale in Group 2. The home on Adjoining Property 4 is 290 feet from the property line to the nearest solar panel. We analyzed four single-family homes as Control Area Sales with similar construction that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the sale date of Adjoining Property 4. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.98% Group 2 - Demille Solar CohnReznick Paired Sale Analysis DTE Lapeer Solar Test Area Sales (1) Adjoining solar farm $114.12 Control Area Sales (5) No: Not adjoining solar farm $113.01 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales Adj. Property #Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 4 1060 Cliff Drive $200,500 1.30 4 2.5 1970 2,114 Sep-18 $94.84 Test Area Sale Group 3 - Turrill Solar Prepared for TPE Development, LLC Page | 41 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Control Area Sales for Group 3 are two-story homes with two to four bedrooms and 2.5 to 3 bathrooms. We excluded sales that were bank-owned, and those between related parties . Control Area Sales were adjusted for market conditions using the Federal Housing Finance Agency's House Price Index (HPI), a weighted, repeat-sales index measuring average price changes in repeat sales or refinancing of the same properties. The result of our analysis for DTE Lapeer Solar Project-Turrill – Group 3 is presented on the following page. DTE Lapeer Solar-Turrill - Group 3: Test Area Sales Map Prepared for TPE Development, LLC Page | 42 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The marketing time for the Test Area Sale was two days on market, while the median days on market for the Control Area Sales was 35 days (ranging from 11 to 177 days), and we note no negative marketing time differential. Noting no significant price differential in any of the three groups, it does not appear that the DTE Lapeer Solar Farm had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF -1.53% $96.32 Group 3 - Turrill Solar Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales Test Area Sale (1) Adjoining solar farm $94.84 Control Area Sales (4) No: Not adjoining solar farm CohnReznick Paired Sale Analysis DTE Lapeer Solar Prepared for TPE Development, LLC Page | 43 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC, and it's designated project companies and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. BEFORE & AFTER ANALYSIS – DEMILLE SOLAR PROJECT We note two of the Test Area Sales in Group 1 of the Demille Solar project (Adjoining Properties 4 and 9), one sale in Group 2 of the Demille Solar farm (Adjoining Property 10), as well as Adjoining Property 7 have sold at least twice over the past 15 years. To determine if any of the rates of appreciation for these identified home sales were affected by the proximity to the Demille Solar farm, we prepared a Repeat-Sales Analysis on each identified adjoining property. First, we calculated the total appreciation between each sale of the same property, the number of months that elapsed between each sale, and determined the monthly appreciation rate. Then, we compared extracted appreciation rates reflected in the Federal Housing Finance Agency (FHFA) Home Price Index for Michigan’s 48446 zip code (where the identified homes are located) over the same period. The index for zip codes is measured on a yearly basis and is presented below. We have presented the full repeat sales analysis on the following page. Five-Digit ZIP Code Year Annual Change (%) HPI HPI with 1990 base HPI with 2000 base 48446 2004 2.02 438.38 206.29 111.35 48446 2005 3.68 454.53 213.89 115.45 48446 2006 -1.76 446.53 210.12 113.42 48446 2007 -6.35 418.17 196.78 106.22 48446 2008 -8.37 383.17 180.31 97.33 48446 2009 -10.62 342.49 161.16 86.99 48446 2010 -8.94 311.86 146.75 79.21 48446 2011 -6.89 290.37 136.64 73.75 48446 2012 0.29 291.22 137.04 73.97 48446 2013 7.27 312.39 147.00 79.35 48446 2014 7.10 334.56 157.43 84.98 48446 2015 5.10 351.63 165.47 89.32 48446 2016 6.10 373.08 175.56 94.76 48446 2017 6.74 398.23 187.39 101.15 48446 2018 5.96 421.96 198.56 107.18 48446 2019 5.74 446.17 209.95 113.33 48446 2020 4.99 468.43 220.43 118.98 48446 Zip Code - Housing Price Index Change (Year over Year) Not Seasonally Adjusted Prepared for TPE Development, LLC Page | 44 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Conclusion When compared to the FHFA home price index for the local zip code, the median monthly appreciation rate of the sales of properties adjoining the Demille Solar Farm that sold before construction of the solar farm and again after construction of the solar farm outperformed the median for the zip code, as depicted in the far-right column in the table above (and highlighted in orange). Additionally, the extracted appreciation rate for the resales of Adjoining Properties 4 and 7, that sold twice after the solar farm was constructed, exhibited higher rates of appreciation than the Home Price Index for the zip code (highlighted in white). As such, we have concluded that there does not appear to be a consistent detrimental impact on the value of properties adjacent to the DTE Lapeer-Demille Solar Farm.Property IDAddressLand Area (Acres)Total Finished Living Area (SF)Most Recent Sale DateMost Recent Sale PricePrior Sale DatePrior Sale PriceTotal AppreciationMonths Elapsed Between SalesMonthly Appreciation RateIndex Level During Year of Most Recent SalePrior Sale Year Index LevelTotal AppreciationMonthly Appreciation Rate4 1168 Alice Drive 0.46 1,672 10/9/2019 $176,000 12/8/2017 $144,000 22.22% 22 0.92% 446.17 398.23 12.04% 0.52%4 1168 Alice Drive 0.46 1,672 12/8/2017 $144,000 10/1/1993 $100,000 44.00% 290 0.13% 398.23 238.05 67.29% 0.18%9 1126 Don Wayne Drive 0.50 1,900 5/21/2018 $160,000 12/21/2007 $119,000 34.45% 125 0.24% 446.17 418.17 6.70% 0.05%10 1120 Don Wayne Drive 0.47 1,700 11/8/2019 $194,000 10/15/2014 $173,200 12.01% 61 0.19% 446.17 334.56 33.36% 0.47%7 1138 Don Wayne Drive 0.47 2,128 9/7/2018 $179,900 8/22/2014 $148,500 21.14% 49 0.40% 446.17 334.56 33.36% 0.60%7 1138 Don Wayne Drive 0.47 2,128 8/28/2019 $191,000 9/7/2018 $179,900 6.17% 12 0.51% 446.17 446.17 0.00% 0.00%Median - Test Area Sales 0.47 1,8000.32% 0.33%Median - Before/After 0.49 2,0190.21% 0.11%Repeat Sales Analysis 48446 Zip Code - FHFA House Price Index Change Prepared for TPE Development, LLC Page | 45 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 3: GRAND RIDGE SOLAR FARM, LASALLE COUNTY, ILLINOIS Coordinates: Latitude 41.143421, Longitude -88.758340 PINs: 34-22-100-000, 34-22-101-000 Total Land Size: 158 acres Date Project Announced: December 31, 2010 Date Project Completed: July 2012 Output: 20 MW AC This solar farm is located in the southeast quadrant of the intersection of E. 21st and N. 15th Roads, near Streator, in LaSalle County, Illinois. The solar farm was developed by Invenergy and is part of a renewable energy center known as Grand Ridge. The Energy Center includes the 20 MW AC solar facility, a 210 MW wind farm, and a 36 MW advanced-energy storage facility, all in one local vicinity. The solar site is located adjacent to the south and west of Invenergy's wind farm. The solar facility consists of 20 individual 1-MW solar inverters and over 155,000 photovoltaic solar panels manufactured by General Electric. The Surrounding Area: The Grand Ridge Solar Farm is situated just outside of the City of Streator, in Otter Creek Township, in LaSalle County, Illinois. The solar farm is located in a primarily rural part of Illinois, with the nearest interstate, Interstate-55, located approximately 14 miles southeast of the site. The Immediate Area: Within a one-mile radius of the solar farm, surrounding uses mainly consist of agricultural land, with some single-family homes to the west. All of the adjacent land parcels to the solar farm are used for agricultural and/or residential purposes. The solar site is surrounded by row crops to the north adjoining N. 15th Road. Row crops also adjoin the solar arrays to the east. Scrub shrubbery exists on the western border of the solar site, along E. 21st Road. On the west side of E. 21st Road is the 28-acre private Sandy Ford Sportsmans Club that includes a 12-acre fishing lake. The private Lazy Acres Fishing Club adjoins the solar site to the south and is surrounded by mature trees. Real Estate Tax Information: Prior to development of the solar farm, in 2011, the owner of this 158-acre site paid real estate taxes of $3,000 annually. In the year following the solar farm development, 2012, real estate taxes increased to approximately $240,000, a 7,791 percent increase in tax revenue for the site. Prepared for TPE Development, LLC Page | 46 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The map below displays the parcels in the solar farm site (outlined in red). Properties adjoining the solar parcels are numbered for subsequent analysis. Grand Ridge Solar - Adjoining Properties PIN Acres 2011 Taxes Paid 2012 Taxes Paid Tax Increase 2011 Assessed Value 2012 Assessed Value Value Increase LaSalle County, IL 34-22-100-000 78.99 1,580$ 120,064$ 7501% $ 23,830 $ 1,812,357 7505% 34-22-101-000 78.80 1,457$ 119,539$ 8106% $ 21,975 $ 1,804,433 8111% TOTAL 157.79 3,036$ 239,602$ 7791% 45,805$ 3,616,790$ 7796% Prepared for TPE Development, LLC Page | 47 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The surrounding area is primarily populated with agricultural uses. Some of these agricultural parcels contain homesteads on the site and others are fully unimproved. Adjoining Properties 1, 3, 5, 6, 7, 13, and 14 have no sales data, therefore, those properties djoining Properties have been excluded from further analysis. Recall, the solar farm was announced on December 31, 2010 and began operations in July 2012. Adjoining Properties 8 and 9 were sold in 1997 and 1996, respectively. These sales did not occur within a reasonable time period prior to announcement/completion. Therefore, Adjoining Properties 8 and 9 were excluded from further analysis. Adjoining Property 4 sold in March 2011 while construction was ongoing. However, we have not considered this property for a paired sales analysis because the impact of being proximate to the solar farm could not be differentiated from the impact of the construction. Therefore, Adjoining Property 4 was excluded from further analysis. Adjoining Property 2 transferred in September of 2018 with no consideration amount on a Trustee’s deed from Gemini Farms LLC to the Bedeker Family Gift Trust. John and Susan Bedeker are owners of the Adjoining Property 1. This is not considered an arm’s length transaction, therefore, Adjoining Property 2 was excluded from further analysis. Adjoining Properties 11 and 12 were initially one parcel of 37.07 acres. Adjoining Property 12 sold in October 2016, which is a reasonable time period after completion of the solar farm. When Adjoining Property 12 was sold, the parcel was split into the two-acre homesite now known as Adjoining Propeprty 12, and the 35.07 acre farm, that was retained by the seller. Therefore, we have excluded Adjoining Property 11 and only considered Adjoining Property 12 (Test Area Sale) for paired sales analysis. PAIRED SALES ANALYSIS We have considered only one type of paired sales analysis, we have compared sales of similar properties not proximate to the solar farm (Control Area Sales) to the sales of the adjoining property (Test Area Sale), after the completion of the solar farm project. Adjoining Property 12 (Test Area Sale) was considered for a paired sales analysis, and we analyzed this property as a single-family home use, a 2,328 square foot home located on a 2.0- acre parcel that sold in October 2016. This parcel is approximately 366 feet from the closest solar panel, and the improvements are approximately 479 feet from the closest solar panel. The table on the following page outlines the other important characteristics of Adjoining Property 12. Prepared for TPE Development, LLC Page | 48 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. We have found five Control Area Sales using data from the Northern Illinois Multiple Listing Service (MLS) and verified these sales through county records, conversations with brokers, and the County Assessor’s office. We excluded sales that were not arm’s length, such as REO sales or those between related parties. We have excluded any home sites under one acre and included only sales with a similar quantity of bedrooms, bathrooms, and living area. The Control Area Sales are comparable in most physical characteristics and bracket Adjoining Property 12 reasonably. Grand Ridge Solar: Test Area Sale Map Property # Address Sale Price Beds Baths Year Built Home Size (SF) Improvements Site Size (AC) Sale Price/SF Sale Date Adjoining Property 12 2098 N 15th Rd, Streator, IL $186,000 3 4.0 1997 2,328 Single Family Home and Garage and Farm Acreage 2.0 $79.90 Oct-16 Grand Ridge Solar Farm Test Area Sale - Adjoining Property 12 Prepared for TPE Development, LLC Page | 49 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It is important to note that the Control Area Sales are not adjoining to any solar farm, nor do they have a view of one from the property. Therefore, neither the announcement nor the completion of the solar farm use could have impacted the sales price of these properties. It is informative to note that the average marketing time (from list date to closing date) for Control Area Sales of 171 days is consistent with the marketing time for the Test Area Sale which was on the market for 169 days. This is an indication that the marketability of the Test Area Sale was not negatively influenced by proximity to the solar farm. We analyzed the five Control Area Sales and adjusted for market conditions using a regression analysis to identity the appropriate monthly market conditions adjustment. The results of the paired sales analysis for the Grand Ridge Solar Farm are presented below. The unit sale price of the Test Area Sale was somewhat higher than the median adjusted unit sale price of the Control Area Sales. We contacted the selling broker of the Test Area Sale home, Tina Sergenti with Coldwell Banker, who said that the proximity of the solar farm had no impact on the marketing time or selling price of the home. The Test Area Sale sold with 169 days on market (5 – 6 months) compared to the Control Area Sales, which sold between 10 471 days on market (0 and 16 months). Noting no negative price differential , it does not appear that the Grand Ridge Solar Farm impacted the sales price of the Test Area Sale, Adjoining Property 12. This was confirmed by the real estate agent who marketed and sold this home. No. of Sales Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales $74.35 Adjoining Property 12 7.46% Adjusted Median Price Per SF Control Area Sales (5) Potentially Impacted by Solar Farm No: Not adjoining solar farm Yes: Adjoining solar farm $79.90Test Area Sale (1) Grand Ridge Solar Farm CohnReznick Paired Sales Anaysis Prepared for TPE Development, LLC Page | 50 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 4: WOODLAND SOLAR FARM, ISLE OF WIGHT COUNTY, VIRGINIA Coordinates: Latitude 36.890000, Longitude -76.611000 PINs: 41-02-004, 41-02-001, 41-02-001A, 41-02-005 Total Land Size: 211.12 acres Date Project Announced: August 4, 2015 Date Project Completed: December 2016 Output: 19.0 MW AC Aerial imagery retrieved from Google Earth The Woodland Solar Farm is located in unincorporated Isle of Wight County, Virginia, and was developed by Dominion Virginia Power in 2016. This solar farm has a capacity of 19.0 Megawatts (MW) AC of power, which is enough to power 4,700 homes. The solar farm sits on 204 acres, part of Oliver Farms, a 1,000-acre site that was Prepared for TPE Development, LLC Page | 51 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. chosen for its flat land and proximity to power lines. The land under the solar arrays was previously farmed and used to grow broccoli, collards, peas, strawberries, and butter beans. The solar installation includes 79,648 solar panels and was one of the largest of its kind at the time of construction. The Surrounding Area: Isle of Wight County is in the southeast part of Virginia and has shoreline along the James River on its eastern border. The county is predominantly rural and has two incorporated towns, Smithfield and Windsor. The Woodland Solar facility is approximately 27 miles northwest of Norfolk, Virginia, across the Elizabeth River and the Nansemond River. The solar site is also approximately 21 miles southwest of Newport News, Virginia. The town of Smithfield is approximately nine miles northeast of the solar facility and the town of Windsor is approximately 12 miles southwest. The solar facility is near the intersection of State Route 600 (Oliver Drive) and State Route 602 (Longview Drive). The Immediate Area: Land uses surrounding the Woodland Solar facility include forests and agricultural land to the north, west, and south, and residential and farmland to the east. Landscaping around the solar site consists of the naturally occurring vegetation and forests. It should be noted that the landowner that leases the land to the solar owner has agricultural buildings and other structures along Longview Drive and the nearest solar panels are approximately 220 feet from the property line. Real Estate Tax Information: In 2015, prior to the property being assessed as a solar farm, the assessed value of the property was approximately $542,200 and ownership paid $4,609 in real estate taxes (see below). In 2016, the assessed value increased to $3,021,600 and the real estate tax increased to $27,844. PIN Acres 2015 Taxes Paid 2016 Taxes Paid Tax Increase 2015 Assessed Value 2016 Assessed Value Value Increase Isle of Wight County, VA 41-02-004 107.32 2,250$ 15,985$ 610% $ 264,700 $ 1,728,100 553% 41-02-001 62.66 1,369$ 8,601$ 529% $ 161,000 $ 939,900 484% 41-02-001A 8.08 230$ 1,193$ 420% $ 27,000 $ 110,700 310% 41-02-005 33.06 761$ 2,065$ 171% 89,500$ 242,900$ 171% TOTAL 211.12 4,609$ 27,844$ 504% 542,200$ 3,021,600$ 457% Prepared for TPE Development, LLC Page | 52 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALE ANALYSIS: The map below displays the Adjoining Properties to the solar farm (outlined in red). Properties adjoining the solar farm parcels are numbered for subsequent analysis. Woodland Solar - Adjoining Properties In reviewing Adjoining Properties to study in a Paired Sale Analysis, several properties and sales were considered but eliminated from further consideration as discussed below. We identified three Adjoining Properties that sold since the solar farm started operations in December 2016: Adjoining Property 3, and two parcels included in Adjoining Property 5. The two properties that were considered part of Adjoining Property 5, sold between related parties, and were sales between family members of the land lessor for the solar site. These two sales were excluded from further analysis as they were not arms’ length transactions. Prepared for TPE Development, LLC Page | 53 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Adjoining Property 3 was considered for a paired sales analysis and we analyzed this property as single-family home use. The improvements on this property are located approximately 600 feet from the nearest solar panel. We analyzed five Control Area Sales of single-family homes with similar construction and use that were not located in close proximity to the solar farm, that sold within a reasonable time frame from the sale date of the Test Area Sale. The Control Area Sales are one-story homes with three bedrooms and either one or two bathrooms. We excluded sales that were bank-owned, REO sales, and those between related parties. Woodland Solar – Test Area Sale Map The Control Area Sales were adjusted for market conditions using a regression analysis to identify the appropriate monthly market conditions adjustment. The result of our analysis for Woodland Solar Farm is presented on the following page. Adj. Property #Address Sale Price Site Size (AC)Beds Baths Year Built Home Size GLA (SF) Sale Date Price PSF 3 18146 Longview Drive $175,000 1.00 3 1 1978 1,210 Jun-16 $144.63 Woodland Solar Farm Test Area Sale - Adjoining Property 3 Prepared for TPE Development, LLC Page | 54 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The difference between the unit price of the Test Area Sale and the Adjusted Median Unit Price of the Control Area Sales is considered within the range for a typical market area. Noting no negative marketing time differential , the Test Area Sale sold in 33 days (1-2 months), while the Control Area Sales sold between 17 and 37 days (0-2 months), with a median time on market of 28 days. Noting no negative price differential, with the Test Area Sale having a higher unit sale price than the Control Area Sales, it does not appear that the Woodland Solar Farm had any negative impact on adjacent property values. No. of Sales Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales $137.76 Adjoining Property 3 4.99% Adjusted Median Price Per SF Control Area Sales (5) Potentially Impacted by Solar Farm No: Not adjoining solar farm Yes: Adjoining solar farm $144.63Test Area Sale (1) Woodland Solar Farm CohnReznick Paired Sales Anaysis Prepared for TPE Development, LLC Page | 55 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 5: DOMINION INDY SOLAR III, MARION COUNTY, INDIANA Coordinates: Latitude 39°39'14.16"N, Longitude 86°15'35.06"W PIN: 49-13-13-113-001.000-200 Total Land Size: 129 acres Date Project Announced: August 2012 Date Project Completed: December 2013 Output: 8.6 MW AC (11.9 MW DC) The Dominion Indy III solar farm was developed by Dominion Renewable Energy and became operable in December 2013. This solar farm has ground-mounted solar panels and has the capacity for 8.6 Megawatts (MW) AC of power. The panels are mounted in a fixed tilt fashion with 12 inverters. The Surrounding Area: The Dominion Indy III solar farm is located in Decatur Township, in the southwest portion of Marion County, Indiana. The solar farm is approximately 10 miles southeast of the Indianapolis International Airport and approximately eight and a half miles from the center of Indianapolis. The Immediate Area: The solar installation is on the southern side of West Southport Road. Adjoining parcels to the west, south, and east are agricultural in nature, actively farmed primarily with row crops and large areas of mature trees. There is one single family home on 4.78 acres of land at the northwest corner of the solar site, with frontage on West Southport Road, identified in our analysis as Adjoining Property 9. To the north, across West Southport Road from the solar site, is the single-family residential subdivision known as Crossfield. Originally developed with over 81 acres of land by the Key Life Insurance Company, the one- and two-story homes in the subdivision were built between approximately 1998 and 2011. All of the adjacent land parcels to the solar farm are used for agricultural or residential purposes. The solar farm is surrounded by a chain link fence around all of the solar panels. Additionally, there are some natural shrubs and trees on all sides of the property; this vegetation was in place before the solar farm was developed. Prepared for TPE Development, LLC Page | 56 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Real Estate Tax Information: Prior to development of the solar farm, in 2013, the owner of this 129-acre site paid real estate taxes of $1,788 annually. After development of the solar farm development, in 2015, real estate taxes increased to approximately $16,405, an 818 percent increase in tax revenue for the site. The map below, and the maps on the following pages, display the parcels within the solar farm is located (outlined in blue). Properties adjoining this site are numbered for subsequent analysis. Dominion Indy III - Adjoining Properties PIN Acres 2013 Taxes Paid 2015 Taxes Paid Tax Increase 2013 Assessed Value 2015 Assessed Value Value Increase Marion County, IN 49-13-13-113-001.000-200 129.04 1,788$ 16,405$ 818% $ 89,400 $ 109,900 23% TOTAL 129.04 1,788$ 16,405$ 818% 89,400$ 109,900$ 23% Prepared for TPE Development, LLC Page | 57 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS We have considered two types of paired sales analysis with regards to the Dominion Indy III solar farm. The first compares sales of Adjoining Properties (Test Area Sales) to the solar farm after the completion of the solar farm site to similar properties not proximate to the solar farm (Control Area Sales). We utilized this type of paired sale analysis for all three groups of Adjoining Properties under study. The second type of paired sale analysis is known as a Before and After analysis which compares sales of Adjoining Properties that occurred prior to the announcement of the solar farm with the sales of the same Adjoining Properties after the completion of the solar farm development. We were able to use home sale data from the Crossfield subdivision that is located to the north of the solar site, across West Southport Road, for this analysis. GROUP 1 Adjoining Property 2 is a vacant 86.96-acre agricultural parcel located to the east of the solar site. Adjoining Property 2 sold in October 2017 and was considered for a paired sale analysis, known as a Test Area Sale, in Group 1. The property line of this unimproved parcel is approximately 166 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 12. Soil Productivity and Land Value Trends and the NCCPI Productivity Index Crop yields have been the basis for establishing a soil productivity index, and are used by county assessors, farmers, and market participants in assessing agricultural land. While crop yields are an integral part in assessing soil qualities, it is not an appropriate metric to rely on because “yields fluctuate from year to year, and absolute yields mean little when comparing different crops. Productivity indices provide a single scale on which soils may be rated according to their suitability for several major crops under specified levels of management such as an average level.”1 The productivity index, therefore, not crop yields, is best suited for applications in land appraisal and land-use planning. Adjoining Property #Address Sale Price Site Size (AC) NCCPI Index Wetlands Floodplain Sale Price/AC Sale Date Adjoining Property 2 5755 W Southport Rd, Indianapolis, IN $738,584 89.96 63.4 1% Zone X $8,210 Oct-17 Group 1 - Agricultural Land Test Area Sale Prepared for TPE Development, LLC Page | 58 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The United States Department of Agriculture’s (USDA) National Resources Conservation Services (NRCS) developed and utilizes the National Commodity Crop Productivity Index (NCCPI) as a national soil interpreter and is used in the National Soil Information System (NASIS), but it is not intended to replace other crop production models developed by individual states.18 The focus of the model is on identifying the best soils for the growth of commodity crops, as the best soils for the growth of these crops are generally the best soils for the growth of other crops.19 The NCCPI model describes relative productivity ranking over a period of years and not for a single year where external influences such as extreme weather or change in management practices may have affected production. At the moment, the index only describes non-irrigated crops, and will later be expanded to include irrigated crops, rangeland, and forestland productivity.20 Yields are influenced by a variety of different factors including environmental traits and management inputs. Tracked climate and soil qualities have been proven by researchers to directly explain fluctuations in crop yields, especially those qualities that relate to moisture-holding capacity. Some states such as Illinois have developed a soil productivity model that considers these factors to describe “optimal” productivity of farmed land. Except for these factors, “inherent soil quality or inherent soil productivity varies little over time or from place to place for a specific soil (map unit component) identified by the National Cooperative Soil Survey (NCSS).”21 The NRCS Web Soil Survey website has additional information on how the ratings are determined. The State of Indiana does not have its own crop production model and utilizes the NCCPI. In analyzing agricultural land sales for Control Area Sales with similar characteristics to Adjoining Property 2, we have excluded any parcels with NCCPI soil indices less than 50.0 and greater than 85.0. We identified and analyzed four Control Area Sales that were comparable in location, size, and use that were not located in close proximity to the solar farm. The Control Area Sales for Adjoining Property 2 are land tracts that were larger than 20 acres and utilized specifically as farmland. We excluded sales that were bank-owned, those between related parties, split transactions, and land with significant improvements. The Control Area Sales that are included in this analysis sold within a reasonable time frame from the sale date of the Test Area Sale and are similar to the Test Area Sale in physical characteristics. 18 Agricultural land rental payments are typically tied to crop production of the leased agricultural land and is one of the primary reasons the NCCPI was developed, especially since the model needed to be consistent across political boundaries. 19 Per the User Guide for the National Commodity Crop Productivity Index, the NCCPI uses natural relationships of soil, landscape and climate factors to model the response of commodity crops in soil map units. The present use of the land is not considered in the ratings. 20 AgriData Inc. Docs: http://support.agridatainc.com/NationalCommodityCropProductivityIndex(NCCPI).ashx 21 USDA NRCS’s User Guide National Commodity Crop Productivity Index (NCCPI) Prepared for TPE Development, LLC Page | 59 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Dominion Indy III - Group 1: Test Area Sale Map The Control Area Sales were adjusted for market conditions using a regression and trend analysis to identify the appropriate monthly market condition adjustment. Using the agricultural land sale data published in the Land Sales Bulletin,22 from January 2016 through December 2017, which includes reliable and credible data for analysis, we extracted a monthly rate of change of 0.50 percent. The results of our analysis for Adjoining Property 2, in Group 1 are presented on the following page. 22 https://www.landsalesbulletin.com/ Test 1 Prepared for TPE Development, LLC Page | 60 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Noting the relatively low price differential, in which the Test Area Sale was higher than the median for the Control Areas Sales, it does not appear that the Dominion Indy III solar farm had any negative impact on the adjoining agricultural property value. Dominion Indy III Solar - Adjoining Properties We idenitified a total of nine Adjoining Properties that sold after the develoment of the solar farm as single-family home uses. Adjoining Properties 11, 13, 14, 15, 18, 20, 22, 24 and 26 were analyzed in two paired sales analyses (Group 2 and Group 3). These nine properties were analyzed as single-family homes and they are located in the Crossfield subdivision, across West Southport Road from the solar site, as seen in the map above. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per Acre 1.47%Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Dominion Indy III Solar Group 1 - Agricultural Land $8,091 $8,210 Control Area Sales (4) No: Not adjoining solar farm Test Area Sale (Adjoining Property 2) Yes: Solar Farm was completed by the sale date Indy III Solar Prepared for TPE Development, LLC Page | 61 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It should be noted that Adjoining Properties 11 and 24 have sold more than once since the solar farm was constructed, and each sale is included in the analysis. Adjoining Property 11 sold first in December 2015 and later in July 2018, approximately two and a half years later. Adjoining Property 24 sold first in February 2014 and later in April 2019, approximately five years later. Our research indicated that these were arm’s-length sales. The nine Adjoining Properties that were included in our paired sales analysis were divided into two groups, based on the sale dates of the Test Area Sales. Prepared for TPE Development, LLC Page | 62 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 For Group 2 (sales in 2014 – 2016), we analyzed four Control Area Sales with similar location, square footages, lot sizes, and ages that sold within a reasonable time frame from the median sale date of the Group 2 Test Area Sales. The Test Area Sales in Group 2 are located between 230 feet and 404 feet from the house to the solar panels. The Control Area Sales for Group 2 are located beyond this area in other areas of the Crossfield Division and in other nearby subdivisions. Dominion Indy III – Group 2: Test Area Sales Adj. Property # Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 11, 20, 22, 24 5933 Sable Dr, 5829 Sable Dr, 5813 Sable Dr, 5737 Sable Dr $129,375 0.23 4 2.0 2008 2,163 Jul-15 $60.61 Test Area Sales Group 2 Prepared for TPE Development, LLC Page | 63 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 3 For Group 3 (sales occurring in 2017 - 2019), we analyzed a set of seven Control Area Sales with similar locations, square footages, lot sizes, and ages that sold within a reasonable time frame from the median sale date of the Group 3 Test Area Sales. The Test Area Sales in Group 3 are located between 227 feet and 419 feet from the house to the solar panels. The Control Area Sales are located beyond this area, in other areas of the Crossfield Division, and in other nearby subdivisions. Dominion Indy III – Group 3: Test Area Sales Adj. Property #Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 11, 13, 14, 15, 18, 24, 26 5933 Sable Dr, 5921 Sable Dr, 5915 Sable Dr, 5909 Sable Dr, 5841 Sable Dr, 5737 Sable Dr, 5731 Sable Dr $169,900 0.23 3 2.5 2006 2,412 Jul-18 $72.15 Dominion Indy III Solar Test Area Sales Group 3 Prepared for TPE Development, LLC Page | 64 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales in Groups 2 and 3 were adjusted for market conditions using a regression analysis to identify the appropriate monthly market condition adjustment. The results of our study are presented below. The Test Area Sales in Group 2 sold between 18 and 75 days on market (0-3 months), while the Control Area Sales in Group 2 sold between 2 and 649 days on market (0-23 months). The Test Area Sales in Group 3 sold between 3 and 75 days on market (0-3 months), while the Control Area Sales in Group 3 sold between 2 and 89 days on market (0-3 months). Noting the relatively low price differentials, it does not appear that the Dominion Indy III solar farm had any negative impact on adjoining residential property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 4.78% Test Area Sales (4) CohnReznick Paired Sale Analysis Dominion Indy III Solar Group 2 Adjoining solar farm $60.61 Control Area Sales (8) No: Not adjoining solar farm $57.84 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.65% Group 3 CohnReznick Paired Sale Analysis Dominion Indy III Solar Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales Test Area Sales (7) Adjoining solar farm $72.15 Control Area Sales (11) No: Not adjoining solar farm $71.69 Prepared for TPE Development, LLC Page | 65 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. BEFORE ANNOUNCEMENT AND AFTER CONSTRUCTION OF THE SOLAR FARM ANALYSIS Due to the number of sales over time in the Crossfield subdivision, we were able to conduct an analysis on the prices of single-family homes before the solar farm announcement date in comparison to the prices of single- family homes after the construction of the Dominion Indy III solar farm. This analysis shows the appreciation rates of homes in the subdivision over the period before the solar farm was announced to after construction was complete. If there were a difference in the appreciation rates of homes within the Test Area (homes adjoining the solar farm) from the homes within the Control Areas (homes not adjoining the solar farm), we would expect to see it in the results of this analysis. We have provided our conclusions from the analysis below, and the following page displays an explanatory chart. x The Before the Announcement of the solar farm period is from 2006 to July 2012. The After Construction of the solar farm period is from December 2013 to 2019. x 25 Test Area Sales were sold from 2006 to 2019 and 46 Control Area Sales sold from 2008 to 2019. ¾ The Test Area Sales are homes located adjoining the Dominion Indy III Solar Farm in the Crossfield subdivision. ¾ The Control Area Sales are homes located in the remainder of the Crossfield subdivision, not adjoining the solar farm. x In both the Test Area Sales (ORANGE) and Control Area Sales (BLUE) plotted on the chart on the following page, new construction homes sold through 2011, prior to announcement of the solar farm. x The dotted lines are polynomial trend lines plotted by Microsoft Excel in order to illustrate and approximate the “average” trend of each set of data. x After construction of the solar farm, in parallel with the improving economic climate (as depicted by the Red lines representing the Federal Housing Finance Agency’s House Price Index for the East North Central region that includes Indiana), it appears that unit prices for both the Test Area Sales and the Control Area Sales appreciated at a similar rate over the period from 2013 to 2019. x The economic climate improved in the period from 2013 to 2019, as shown by the Red line representing the Federal Housing Finance Agency’s House Price Index for the East North Central region that includes Indiana. After construction of the solar farm, in parallel with the improving economic climate, it appears that unit prices for both the Test Area Sales and the Control Area Sales appreciated at a similar rate over the period from 2013 to 2019. A difference in appreciation rates does not appear to exist between Test Area Sale homes versus the Control Area Sale homes. Sale prices of single-family homes after the construction of the solar farm exhibit a similar appreciation trend as sales prior to the solar farm announcement. Overall, our findings indicate that there is not a consistent and measurable difference in prices that exists in association with homes proximate to the Dominion Indy III solar farm Prepared for TPE Development, LLC Page | 66 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. ANALYSIS OF BEFORE ANNOUNCEMENT AND AFTER CONSTRUCTION OF THE DOMINION INDY III SOLAR FAR Prepared for TPE Development, LLC Page | 67 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 6: SUNFISH FARM SOLAR, WAKE COUNTY, NORTH CAROLINA Coordinates: Latitude 35 33.457, Longitude 78 44.190 PIN: 675874971 Total Land Size: Approximately 49.6 acres Date Project Completed: December 2015 Output: 5 MW AC This Sunfish Farm solar facility is located in the southern portion of Wake County, North Carolina, approximately 16 miles south of Raleigh. The solar facility was placed into service in December 2015 and has a power generating capacity of 5 MW AC. The solar facility was developed by Cypress Creek Renewables, which has built several community-scale solar farms in North Carolina. Prepared for TPE Development, LLC Page | 68 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Surrounding Area: The Sunfish Farm solar facility is surrounding by single family homes, some of which are in subdivisions, as well as agricultural and forest land. The local area is accessible from Raleigh via Fayetteville Road (US Hwy 401) and Interstate 40. The Sunfish Farm solar farm is located southwest of the town of Fuquay-Varina, which has experienced considerable population growth over the past 10 years due to the area’s proximity to Research Triangle Park (Raleigh, Durham, Chapel Hill). The Immediate Area: The solar farm is buffered from residences and road frontages by trees and is surrounded by fencing. The solar farm is clearly visible from the roadways. Immediate land uses surrounding the solar farm include residential homes to the north, some residential homes (some that also contain commercial uses) to the west, agricultural land to the south, and agricultural land and residential homes to the east. There is an 11.25-acre carve-out of land in the original, larger farmland parcel that was split from the parent parcel in 2014, as pictured below. Both the carved out parcel and the solar farm parcel are owned by an individual who leases the land for the solar farm use. Real Estate Tax Information: Solar farms in North Carolina are assessed as personal property, separate from the land assessment. After the solar farm was placed into service, there was an increase of 180 percent in total assessed value, and 203 percent increase in total taxes paid. PIN Acres 2013 Taxes Paid (Per Acre) 2016 Taxes Paid (Per Acre) Tax Increase 2013 Assessed Value (Per Acre) 2016 Assessed Value (Per Acre) Value Increase Wake County, NC 675874971 (Post 2015 Split) 49.60 119.52$ 105.33$ $ 18,589 $ 15,123 Personal Property Tax -$ 256.81$ $ - $ 36,871 TOTAL 49.60 119.52$ 362.14$ 203% 18,588.83$ 51,994.82$ 180% Prepared for TPE Development, LLC Page | 69 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The map below displays the properties adjoining the solar arrays and are numbered for subsequent analysis (outlined in yellow). Sunfish Farm Solar - Adjoining Properties PAIRED SALES ANALYSIS We have considered only one type of paired sales analysis, comparing sales of properties not proximate to the solar farm (Control Area Sales) to the sales of adjoining properties (Test Area Sales) after the completion of the solar farm project. We were able to identify two Adjoining Properties to the Sunfish Farm solar facility that sold after the solar installation was placed into service (Adjoining Properties 10 and 15). These sales were analyzed in separate Test Area Sale groups based on home type (conventional single-family home and manufactured single-family home) and sale dates. We collected Control Area Sale data from the Wake County Real Estate database which summarizes data directly from the Real Estate Assessor website for the county. We have also reviewed other public records and verified marketing information through online sources such as Zillow.com, Redfin.com, Realtor.com and Estately.com. We have verified these sales through county records, conversations with brokers, and the County Assessor’s Office. We excluded sales that were not arm’s length, such as REO sales or bank-owned properties, or those between related parties. Prepared for TPE Development, LLC Page | 70 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 1 Adjoining Property 10 (Test Area Sale 1) was considered for a paired sales analysis, and we analyzed this property as a single-family home use. The property is a single-story 1,470 square foot home located on a 0.79- acre lot that sold in September 2017. This property line is approximately 50 feet from the closest solar panel, and the improvements are approximately 200 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 10. We have identified 14 single-family home sales in the Control Area Sale group that are located within Wake County, either in Middle Creek Township or Panther Branch Township. They were built generally from 1989 to 1999 and are each similar in square footage and layout, as well as quality of construction, to the Test Area Sale and they sold within a reasonable time frame from the sale date of the Test Area Sale. Sunfish Farm Solar - Group 1: Test Area Sale Map Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Improvements Sale Price/SF Sale Date Test Sale 1 Adjoining Property 10 7513 Glen Willow Court $188,000 0.79 3 2 1989 1,470 One-Story, No Basement $127.89 Sep-17 GROUP 1 TEST AREA SALE SUNFISH FARM SOLAR Prepared for TPE Development, LLC Page | 71 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It is informative to note that the marketing time (from list date to closing date) for Control Area Sales ranged from 30 to 127 days on market, and the marketing time for Adjoining Property 10 was 98 days, which is within the range of the Control Area Sales. This is an indication that the marketability of the Test Area Sale was not negatively influenced by proximity to the solar farm. We adjusted the Control Area Sales for market conditions using the compounded monthly growth rate exhibited in the FHFA House Price Index, for the period from December 2015 to the end of December 2018 (36 months). When adjusting sales prices for market conditions (time between date of Test Area Sale and Control Area Sales date) throughout this analysis we have used regression analysis to identify the appropriate monthly market conditions adjustment. We utilized the Federal Housing Finance Agency House Price Index (FHFA HPI) for the 27592 zip code to determine the average monthly rate of appreciation. The FHFA HPI is a broad measure of the movement of single-family house prices. The FHFA HPI is a weighted, repeat-sales index, meaning that it measures average price changes in repeat sales or re-financings on the same properties. The FHFA HPI serves as a timely, accurate indicator of house price trends at various geographic levels.23 The results of the paired sales analysis for Adjoining Property 10 are presented below. The difference between the unit price of the Test Area Sale and the Adjusted Median Unit Price of the Control Area Sales is considered within the range for a typical market area. Noting no negative price differential, it does not appear that the Sunfish Farm solar installation impacted the sale price of the Test Area Sale, Adjoining Property 10. 23 https://www.fhfa.gov/DataTools/Downloads/Pages/House-Price-Index.aspx No. of Sales Sunfish Farm Solar CohnReznick Paired Sales Analysis Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales $124.86 GROUP 1 - Adjoining Property 10 2.43% Adjusted Median Price Per SF Control Area Sales (14) Potentially Impacted by Solar Farm No: Not adjoining solar farm Yes: Adjoining solar farm $127.89Test Area Sale (1) Prepared for TPE Development, LLC Page | 72 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 Adjoining Property 15 (Test Area Sale) was considered for a paired sales analysis, and we analyzed this property as a manufactuerd single-family home use, with 1,860 square feet of improvements, on a parcel of 1.24-acres, that sold in October 2019. The property line for this property is approximately 665 feet from the closest solar panel, and the improvements are approximately 760 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 15. In Group 2, we have studied only homes on lots between 0.50 and 1.60 acres and homes that are greater than 1,750 square feet, built between 1990 and 2003, so as to be comparable to the Test Area Sale home. The Control Area Sales sold within a reasonable time frame from the sale date of the Test Area Sale and are similar to the Test Area Sale in physical characteristics, that is they are one-story manufactured homes with no basements, that are located in Wake County, either in Middle Creek Township or Panther Branch Township. Sunfish Farm Solar - Group 2: Test Area Sale Map Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Improvements Sale Price/SF Sale Date Test Sale 1 Adjoining Property 15 7608 Maude Stewart Road $125,000 1.24 2 2 1990 1,860 One-Story, Manufactured, No Basement $67.20 Oct-19 TEST AREA SALE GROUP 2 SUNFISH FARM SOLAR Prepared for TPE Development, LLC Page | 73 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. We analyzed the eight Control Area Sales and adjusted the Control Area Sales for market conditions using the compounded monthly growth rate exhibited in the FHFA House Price Index, for the period from December 2018 to December 2020 (24 months). The results of the paired sales analysis for Adjoining Property 15 are presented below. The unit sale price of the Test Area Sale was slightly higher than the median adjusted unit sale price of the Control Area Sales and is considered within the range for a typical market area. Noting no negative price differential, it does not appear that the Sunfish Farm solar installation impacted the sale price of the Test Area Sale, Adjoining Property 15. No. of Sales Control Area Sales (8) No: Not adjoining solar farm $66.23 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales 1.47% GROUP 2 - Adjoining Property 15 Potentially Impacted by Solar Farm Adjusted Median Price Per SF Test Area Sale (1) Yes: Adjoining solar farm $67.20 Sunfish Farm Solar CohnReznick Paired Sales Analysis Prepared for TPE Development, LLC Page | 74 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 7: CALL FARMS 3 SOLAR, BATAVIA, GENESSEE COUNTY, NEW YORK Coordinates: Latitude 43.02305, Longitude -78.1812 PIN: 1824004-1-26.111/A Total Land Size: ± 81.6 Acres Date Project Announced: May 2017 Date Project Completed: July 2018 Output: 2 MW AC This solar facility was put into operation in July 2018 and has a power output capacity of 2 MW AC, enough to power 300 homes. The solar fam is currently owned by AES Distributed Energy. The project was initially being developed by Forefront, and was known as Spring Sun South, until AES acquired it in August 2017 just prior to construction. The facility was built by Expy Energy and features two inverters, fixed tilt ground racking and over 8,700 solar panels. The Surrounding Area: The Call Farms 3 solar farm is located in the town of Batavia, that surrounds the outskirts of the City of Batavia, in Genesee County, New York. Roughly equidistant from Buffalo to the west and Rochester to the east, the solar farm is centrally located in the county, and the county is in the northwestern tip of the state of New York. Prepared for TPE Development, LLC Page | 75 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Immediate Area: The solar farm is located along State Street Road, near the interchange of the New York State Thruway (I-90) and Oak Orchard Road. The solar farm is immediately surrounded by agricultural land to the north, west, and south. To the northeast of the solar farm are two commercial properties, Battery Systems of Batavia and an Ashley Home Furniture distribution center. To the south there is a landscape company with a parcel that houses equipment storage and parking. To the east there a few residential properties on the east side of State Street Road, across the road from the solar parcel. Real Estate Tax Information: After development of the solar farm, a sub-parcel number was created for the solar farm and a parent parcel number retained that was taxable at the agricultural land rate. By 2019 the solar parcel started being assessed and taxed separately in addition to the parent land parcel. The addition of the solar farm increased the taxes collected on the land by 18 percent. The map below displays the parcels containing the solar farm and adjoining properties (outlined in yellow). Properties adjoining this parcel are numbered for subsequent analysis (boxed in red). PIN Acres 2017 Taxes Paid 2019 Taxes Paid Tax Increase 2017 Assessed Value 2019 Assessed Value Value Increase Genesee, NY 1824004-1-26.111 (Parent) 11,646$ 11,540$ $ 327,900 $ 327,300 1824004-1-26.111/A (Solar Parcel)81.60 2,106$ 900,000$ TOTAL 81.60 11,540$ 13,647$ 18% 327,300$ 1,227,300$ 275% Call Farms 3 Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 76 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. One adjoining residential property, Adjoining Property 4, (300 feet from the house to the nearest solar panel) was sold on April 5, 2018, which was after the solar farm was built and just before the solar farm became operational. We spoke to the selling broker, John Gerace of Gerace Realty, who was under the impression that the solar farm was operational prior to closing because the construction appeared complete prior to the closing date. We note this to illustrate that the market reacted as if the solar farm were operational at the time of sale. Gerace said that interested buyers, including the eventual buyer, expressed relief that the home would no longer face agricultural land with unknown development potential, and that there was no glare from the panels. In addition to being an active broker in the community, Mr. Gerace previously sat on the zoning board, and he frequently attends town hall meetings. He said that typically a portion of the community expresses concerns about potential solar farms, but he never noticed a decrease in value or marketability for solar farm proximity. PAIRED SALES ANALYSIS Adjoining Property 4 was considered for a paired sales analysis, and we analyzed this property as a single family home use. The following table outlines the other important characteristics of Adjoining Property 4. We analyzed five Control Area Sales with similar construction and characteristics that sold within a reasonable time frame relative to the sale date of Adjoining Property 4. We adjusted the Control Area Sales for market conditions using a regression analysis to identify the appropriate monthly market conditions adjustment. Adj. Property #Address Sale Price Site Size (AC) Beds Baths Year Built Square Feet Sale Price per SF Sale Date 4 8053 State St Rd, Batavia $155,000 1.00 5 2.0 1967 2,636 $58.80 Apr-18 Call Farms 3 Solar Test Area Sale Prepared for TPE Development, LLC Page | 77 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The result of our analysis for the Call Farms 3 solar farm is presented below. Noting no negative price differential, with the Test Area Sale having a higher unit sale price than the Control Area Sales, it does not appear that the Call Farms 3 Solar Farm had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.31% Control Area Sales (5) No: Not adjoining solar farm $58.62 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Call Farms 3 Solar Test Area Sale (1) Adjoining solar farm $58.80 Call Farms 3 Solar Farm – Test Area Sale Map Prepared for TPE Development, LLC Page | 78 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 8: IMPA FRANKTON SOLAR FARM, FRANKTON, INDIANA Location: Frankton, Madison County, Indiana Coordinates: Latitude 40.125701; Longitude -85.4626.88 PIN: 48-08-06-500-012.001-020 Total Land Size: 13 acres Date Project Announced: November 2013 Date Project Completed: June 2014 Output: 1.0 MW AC (1.426 MW DC) IMPA Frankton Solar Farm is located on the west side of South Lafayette Street, in the Town of Frankton. The solar farm was built in 2014 in joint effort by Inovateus Solar and Indiana Municipal Power Agency (IMPA). This solar farm has the capacity for 1 MW AC and its expected annual output is 1,426 MWh (megawatt hours). The solar farm is separated off from the adjacent properties by a 6 foot fence that surrounds the entirety of the solar panels. From our inspection of the site, we noted that the driveway to access the panels slopes downward and allows some views of the site. The Surrounding Area: The IMPA Frankton solar farm is located in Lafayette Township, in the central portion of Madison County, Indiana. The solar farm is approximately 50 miles northeast of the center of Indianapolis and 65 miles northeast of the Indianapolis International Airport. The Immediate Area: The solar installation is relatively centrally located in an undeveloped pocket of the town of Frankton, on the western side of South Lafayette Street. Adjoining parcels to the west include park land featuring baseball fields. Land further to the west is agricultural in nature, actively farmed primarily with row crops. Adjoining parcels to the north are residential with large estate homes. Adjoining the solar farm to the southeast is a single-family home identified in our analysis as Adjoining Property 7, and a baseball field. More farmland is directly south of the solar site. The solar site is adjoining a number of homes located east of the panels, along Lafayette Street. Mature trees at the rear of residential properties act as vegetative buffers. Across Lafayette Street, to the east, are single-family residential homes forming the southeast quadrant of homes in Frankton. All of the adjacent land parcels to the solar farm are used for agricultural, residential, or recreational purposes. The solar farm is surrounded by a chain link fence that contains all the solar panels. Additionally, vegetative buffers along sides facing residential properties were planted as part of the solar farm development. Prepared for TPE Development, LLC Page | 79 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Real Estate Tax Information: Prior to development of the solar farm in 2014, the original owner held one parcel of 15.667 acres with a home, pole barn and a utility shed, and no personal property was assessed on this parcel. In 2014 the parcel was split into two parcels and 13 acres was sold to IMPA for development of the solar farm. The owner of the parent parcel of 15.667 acres paid real estate taxes of $1,799 annually, prior to the split. After development of the solar farm, real estate taxes for both parcels, plus personal property tax revenue generated from the solar parcel, caused an increase $8,275, or a 360 percent increase in tax revenue for the entire site. The map below displays the solar farm parcel (outlined in red). Properties adjoining this parcel are numbered for subsequent analysis. IMPA Frankton Solar Farm - Adjoining Properties PIN Acres 2013 Taxes Paid 2017 Taxes Paid Tax Increase 2013 Assessed Value 2017 Assessed Value Value Increase Madison County, IN 48-08-06-500-012.000-020 (parent) 15.667 (2013) 1,799$ 1,402$ $ 138,700 $ 127,000 Personal Property -$ -$ $ - $ - 48-08-06-500-012.001-020 (2014 solar parcel split) 13.00 (2017) -$ 4,063$ $ - $ 137,400 Personal Property -$ 2,810$ $ - $ 440,380 TOTAL 0.00 1,799$ 8,275$ 360% 138,700$ 704,780$ 408% Prepared for TPE Development, LLC Page | 80 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS We have performed a paired sales analysis with regards to the IMPA Frankton solar farm. The analysis compares sales of Adjoining Properties to the solar farm after the completion of the solar farm site (Test Area Sales) to similar properties not proximate to the solar farm (Control Area Sales). We utilized this type of paired sale analysis for both groups of Adjoining Properties under study. GROUP 1 In Group 1, we identified and analyzed six Control Area Sales that were comparable to the Test Area Sale in location, size, and use that were not located in close proximity to the solar farm. We excluded sales that were bank-owned, or otherwise non arms’-length transactions. Adjoining Property 2 was manufactured single-family home use. We identified six Control Area Sales that are included in this analysis that sold within a reasonable time frame from the sale date of the Test Area Sale (Adjoining Property 2) and are similar to the Test Area Sale in physical characteristics. Adj. Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Sale Date Price PSF 2 607 S. Lafayette St Frankton, IN $41,900 0.37 2 2 1991 1,466 Jun-15 $28.58 IMPA Frankton Solar Farm Test Area Sales Group 1 Prepared for TPE Development, LLC Page | 81 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. IMPA Frankton Solar Farm – Group 1: Test Area Sale Map Control Area Sales in Group 1 were adjusted for market conditions using a regression analysis to identify the appropriate monthly market condition adjustment. The results of our study are presented below. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price per SF 0.56%Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales IMPA Frankton Solar Farm Group 1 CohnReznick Paired Sale Analysis Test Area Sale (1) Control Area Sales (6) No: Not adjoining solar farm $28.42 Adjoining Solar Farm $28.58 Prepared for TPE Development, LLC Page | 82 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. GROUP 2 In Group 2, we identified and analyzed five Control Area Sales that were comparable to the Test Area Sale (Adjoining Property 7) in location, size, and use that were not located in close proximity to the solar farm. We excluded sales that were bank-owned, or otherwise non arms’-length transactions. Adjoining Property 7 was analyzed as a single-family home use. We identified five Control Area Sales that are included in this analysis that sold within a reasonable time frame from the sale date of the Test Area Sale and are similar to the Test Area Sale in physical characteristics. IMPA Frankton Solar Farm – Group 2: Test Area Sale Map Adj. Property # Address Sale Price Site Size (AC) Beds Baths Year Built Home Size (SF) Sale Date Price PSF 7 713 S. Lafeytte St Frankton, IN $131,000 3.04 4 2 2003 2,500 Oct-16 $52.40 Group 2 IMPA Frankton Solar Farm Test Area Sales Prepared for TPE Development, LLC Page | 83 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Control Area Sales in Group 2 were adjusted for market conditions using a regression analysis to identify the appropriate monthly market condition adjustment. The results of our study are presented below. Noting the relatively small price differential, in which the Test Area Sales were higher than the median for the Control Areas Sales, in both Groups 1 and 2, it does not appear that the IMPA Frankton solar farm had any negative impact on adjoining property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price per SF 1.81% Control Area Sales (5) No: Not adjoining solar farm $51.47 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis IMPA Frankton Solar Farm Group 2 Test Area Sale (1) Adjoining Solar Farm $52.40 Prepared for TPE Development, LLC Page | 84 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 9: JEFFERSON COUNTY COMMUNITY SOLAR GARDEN, JEFFERSON COUNTY, COLORADO Coordinates: Latitude 39.859564, Longitude -105.1497 PIN: 29-194-01-037 Total Land Size: 13.63 acres Date Project Announced: November 2013 Date Project Completed: May 2016 Output: 1.2 MW AC The Jefferson County Community Solar Garden is adjacent to the Whisper Creek residential subdivision, just outside the City of Arvada, and was developed by SunShare Management. This solar farm has the capacity for 1.2 Megawatts (AC) of power, which is enough to power 300 homes. After two months of operation, the solar farm was 100 percent subscribed and its three largest customers are the cities of Arvada and Northglenn, as well as the Green Mountain Water and Sanitation District. The Surrounding Area: The Whisper Creek subdivision is located between the Welton Reservoir to the west and Standley Lake to the east. To the northwest of the subdivision lies the Colorado Hills Open Space and the Rocky Flats national Wildlife Refuge. The subdivision is primarily in the City of Arvada city limits, but the municipal boundary splits the street the Test Area Sales are located on, West 89 th Loop, some are in Arvada and some are in unincorporated Jefferson County. Arvada is a northwestern suburb of the City of Denver and is accessible via Interstate-25 and Interstate-70 and Interstate-76. The Immediate Area: The immediate area has uses that consist of vacant land to the north and east, a horse and alpaca farm to the south, known as Evening Star Farms, and single-family homes and a municipal police station and vacant land to the west. Real Estate Tax Information: In 2017, real estate taxes totaled $79.10 for the entire parcel for the year, which is slightly less than taxes billed in 2016 and 2015. Prepared for TPE Development, LLC Page | 85 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS We found three Adjoining Properties that qualified for a paired sales analysis. The map below displays the solar farm parcel (outlined in yellow) and the Adjoining Properties (outlined in red) are numbered for subsequent analysis Jefferson County Community Solar Garden - Adjoining Properties (Q2 2016 imagery date) (Green Arrow – Direction of Photos on Following Page) Prepared for TPE Development, LLC Page | 86 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. View from 89th Loop towards Solar Farm at rear of home View from the rear of a Test Area Sale, towards Solar Farm Solar Farm Solar Farm Prepared for TPE Development, LLC Page | 87 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Adjoining Properties 9, 10, and 13 (Test Area Sales 1, 2, and 3, respectively), were considered for a paired sales analysis. The Test Area Sales are two-story, single-family residential homes with four bedrooms and three and a half bathrooms, between 3,000 and 4,000 square feet of gross living area, on less than 0.30 acre of land, and each sold in 2016 as new construction homes. The Test Area Sales are located between 595 feet and 720 feet from the house to the solar panels. We analyzed six Control Area Sales of single-family homes that are included in this analysis that sold within a reasonable time frame from the median sale date of the Test Area Sales and are similar to the Test Area Sales in physical characteristics. The Control Area Sales are removed from the solar panels in other areas of the Whisper Creek subdivision. Jefferson County Community Solar Garden – Test Area Sales Map Adj. Property #Address Median Sale Price Median Site Size (AC) Median Beds Median Baths Median Year Built Median Square Feet Median Sale Date Median Price PSF 9, 10, 13 13929 W 89TH LOOP, 13919 W 89TH LOOP, 13889 W 89TH LOOP $635,500 0.23 4 3.5 2016 3,848 Jun-16 $165.15 Jefferson County Community Solar Garden Test Area Sales Prepared for TPE Development, LLC Page | 88 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. The results of our analyses for the Jefferson County Community Solar Garden are presented below. Noting no negative price differential, it does not appear that the Jefferson County Community Solar Garden had any negative impact on adjacent property values. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 0.48% No: Not Adjoining solar farm $164.36 Difference between Unit Price of Test Area Sales and Adjusted Median Unit Price of Control Area Sales CohnReznick Paired Sale Analysis Jefferson County Community Solar Garden Test Area Sales (3) Adjoining solar farm $165.15 Control Area Sales (6) Prepared for TPE Development, LLC Page | 89 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM 10: VALPARAISO SOLAR, VALPARAISO, PORTER COUNTY, INDIANA Coordinates: Latitude 41.301180, Longitude –87.094055 PINs: 64-09-07-152-001.000-019 and 64-09-07-152-002.000-019 Total Land Size: 27.9 Acres Date Project Announced: March 2012 Date Project Completed: December 20, 2012 Output: 1 MW AC (1.3 MW DC) The Valparaiso solar farm was developed by Sustainable Power Group, LLC and became operational in December 2012. The solar facility has ground mounted capacity for 1.0 Megawatts (MW) AC of power. The panels are mounted in a fixed tilt fashion and there are two inverters in this solar farm. The Surrounding Area: The Valparaiso solar farm is located in Union Township, in the northwest portion of Porter County, Indiana. Porter County is located in the very northwest corner of the state of Indiana. The solar farm is approximately 10 miles northwest of the Porter County Regional Airport and approximately six and a half miles northwest of the center of the city of Valparaiso. The Immediate Area: This solar farm is located on the southern side of Indiana Route 130 (Railroad Avenue) in Valparaiso, Porter County, Indiana and is located approximately 35 miles southwest of downtown Chicago. Adjoining parcels to the solar farm to the east and south are residential homes and to the west and north are agricultural in nature. The solar farm is lined by a chain link fence that surrounds all of the solar panels. Additionally, there are bushes and trees to the north and west of the solar panels; this vegetation has been in place since before development of the solar farm. Other small trees were planted and spaced out around the perimeter of the solar farm after development. From our inspection, the solar panels cannot be seen from Indiana State Route 130 from the north, nor on N 475 W Road to the east as this is a raised roadway. The adjacent properties to the east of the solar panels have full view of the panels from the backyards of the homes. Prepared for TPE Development, LLC Page | 90 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Real Estate Tax Information: Prior to development of the solar farm, in 2011, the original parent parcel contained a home, a homesite, excess land, and agricultural land. In 2012, Valparaiso Solar, LLC bought the entire property to develop the solar farm on. Subsequently when Valparaiso Solar, LLC sold the project to PLH, LLC, they split the parcels so that the home and homesite were one parcel of 3.25 acres and the remaining 24.65 acres were the solar panel site. After development of the solar farm development, in 2015, total real estate taxes for both parcels had increased to approximately $2,587, a 25 percent increase in tax revenue for the site. The maps below and on the following page display the solar farm parcels (outlined in red). Properties adjoining this parcel are numbered for subsequent analysis. Valparaiso Solar Farm - Adjoining Properties PIN Acres 2011 Taxes Paid 2015 Taxes Paid Tax Increase 2011 Assessed Value 2015 Assessed Value Value Increase Porter County, IN 64-09-07-151-001.000-019 (parent parcel) 2,072$ $ 203,800 64-09-07-152-001.000-019 (split parcel) 24.65 2,587$ $ 156,800 64-09-07-152-002.000-019 (split parcel) 3.25 1,741$ 187,900$ TOTAL 27.90 2,072$ 2,587$ 25% 203,800$ 344,700$ 69% Prepared for TPE Development, LLC Page | 91 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Valparaiso Solar Farm - Adjoining Properties Prepared for TPE Development, LLC Page | 92 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. PAIRED SALES ANALYSIS Adjoining Properties 10 and 14 (Test Area Sales) were each considered for a paired sales analysis. Both were analyzed as single-family home uses. GROUP 1 For Adjoining Property 10 (Group 1), the residential home is approximately 514 feet from the closest solar panel. The following table outlines the other important characteristics of Adjoining Property 10. We analyzed five Control Area Sales that sold within a reasonable time frame from the sale date of Adjoining Property 10. All Control Area Sales were adjusted for market conditions using regression analysis to identify the appropriate monthly market conditions adjustment. Adj. Property #Address Sale Price Site Size (AC) Beds Baths Year Built Square Feet Price PSF Sale Date 10 489 W 450 N, Valparaiso, IN $105,000 1.45 3 2 1993 1,274 82.42$ Jul-15 Valparaiso Solar Test Area Sale Group 1 Prepared for TPE Development, LLC Page | 93 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Valparaiso Solar - Group 1: Test Area Sale Map The result of our analyses for Group 1 is presented below. No. of Sales Potentially Impacted by Solar Farm Adjusted Median Price Per SF 3.09% Control Area Sales (5) No: Not adjoining solar farm $79.95 Difference between Unit Price of Test Area Sale and Adjusted Median Unit Price of Control Area Sales Test Area Sales (1) CohnReznick Paired Sale Analysis Valparaiso Solar Group 1 Adjoining solar farm $82.42 Prepared for TPE Development, LLC Page | 94 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. TECHNIQUE 3: MARKET COMMENTARY Additionally, we have contacted market participants such as appraisers, brokers, and developers familiar with property values around solar farms. Commentary from our conversations with these market participants is recorded below. In Otter Creek Township, in LaSalle County, Illinois, we spoke with Viki Crouch, the Township Assessor, who she said that there has been no impact on property values due to their proximity to the Grand Ridge Solar Farm. We spoke with Ken Crowley, Rockford Township Assessor in Winnebago County, Illinois, who stated that he has seen no impact on property values in his township as an effect of proximity to the Rockford Solar Farm. We spoke with James Weisiger, the Champaign Township Assessor in Champaign County, where the University of Illinois Solar Farm is located, and he noted that no one has petitioned to have their property assessments lowered and there appears to have been no impact on property values as a result of proximity to the solar farm. We spoke with Ken Surface, a Senior Vice President of Nexus Group. Nexus Group is a large valuation group in Indiana and has been hired by 20 counties in Indiana regarding property assessments. Mr. Surface is familiar with the solar farm sites in Harrison County (Lanesville Solar Farm) and Monroe County (Ellettsville Solar Farm) and stated he has noticed no impact on property values from proximity to these sites. We interviewed Missy Tetrick, a Commercial Valuation Analyst for the Marion County Indiana Assessor. She mentioned the Indy Solar III sites and stated that she saw no impact on land or property prices from proximity to this solar farm. We spoke with Dorene Greiwe, Decatur County Indiana Assessor, and she stated that solar farms have only been in the county a couple of years, but she has seen no impact on land or property prices due to proximity to this solar farm. Connie Gardner, First Deputy Assessor for Madison County Indiana, stated that there are three solar farms in her county, and she has seen no impact on land or property prices due to proximity to these solar farms. We spoke with Tara Shaver, Director of Administration for Marion County, Indiana Assessor/Certified Assessor, and she stated that she has seen no impact on land or property prices due to proximity to solar farms . Candace Rindahl of ReMax Results, a real estate broker with 16 years of experience in the North Branch, Minnesota area, said that she has been in most of the homes surrounding the North Star Solar Farm and personally sold two of them. She reported that the neighboring homes sold at market rates comparable to other homes in the area not influenced by the solar farm, and they sold within 45 days of offering, at the end of 2017, which was in line with the market. Dan Squires, Chisago County Tax Assessor (Minnesota), confirmed that the Chisago County Assessor’s Office completed their own study on property values adjacent to and in close vicinity to the solar farm from January Prepared for TPE Development, LLC Page | 95 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. 2016 to October 2017. From the study, the assessor determined the residential homes adjacent to the North Star Solar Farm (Minnesota) were in-line with the market and were appreciating at the same rate as the market.24 Renee Davis, Tax Administrator for Bladen County, North Carolina, stated that she has not seen any effect on property values due to proximity to a solar farm. We spoke with Jim Brown, an appraiser for Scotland County, North Carolina, who stated that he has seen no effect on property values due to proximity to a solar farm. We spoke with Gary Rose, a tax assessor for Duplin County, North Carolina, who stated that he has seen no effect on property values in regards to proximity to a solar farm. Kathy Renn, a property Valuation Manager for Vance County, North Carolina, stated that she has not noticed any effect on property values due to proximity to a solar farm. Larry Newton, a Tax Assessor for Anson County, North Carolina, stated that there are six solar farms in the county ranging from 20 to 40 acres and he has not seen any evidence that solar farms have had any effect on property values due to proximity to a solar farm. We spoke with Patrice Stewart, a Tax Administrator for Pasquotank County, North Carolina, and she has seen no effect on land or residential property values due to proximity to the solar farms in Pasquotank County. We spoke with the selling broker of the Adjoining Property for Elm City Solar, in North Carolina, Selby Brewer, who said the solar farm did not impact the buyer’s motivation. We spoke with Amy Carr, Commissioner of Revenue in Southampton County, Virginia, who stated that most of the solar farms are in rural areas, but she has not seen any effect or made any adjustments on property values. They have evaluated the solar farmland considering a more intense use, which increased the assessed value. The Interim Assessor for the town of Whitestown in Oneida County, New York, Frank Donato, stated that he has seen no impact on property values of properties nearby solar farms. Steve Lehr at the Department of Assessment for Tompkins County, New York, mentioned that the appraisal staff has made no adjustments regarding assessed values of properties surrounding solar farms. Marketing times for properties have also stayed consistent. Lehr noted that a few of the solar farms in Thompkins County are on land owned by colleges and universities and a few are in rural areas. At this point in time, Al Fiorille, Senior Valuation Specialist in the Tompkins County Assessment department in New York, reported that he cannot measure any negativity from the solar farms and arrays that have been installed within the county. 24 Chisago County Press: County Board Real Estate Update Shows No “Solar Effects” (11/03/2017) Prepared for TPE Development, LLC Page | 96 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. In the Assessor’s office in the town of Seneca, Ontario County, New York, Shana Jo Hamilton stated that she has seen no impact on property values of properties adjacent to solar farms . Michael Zazzara, Assessor of the City of Rochester in Monroe County, New York commented that the City has a couple of solar farms, and they have seen no impact on nearby property values and have received no complaints from property owners. While there are one or two homes nearby to existing solar farms in the town of Lisbon in St. Lawrence County, New York, Assessor Stephen Teele has not seen any impact on property values in his town. The solar farms in the area are in rural or agricultural areas in and around Lisbon. The Assessor for the Village of Whitehall in Washington County, New York, Bruce Caza, noted that there are solar farms located in both rural and residential areas in the village and he has seen no impact on adjacent properties, including any concerns related to glare form solar panels. Laurie Lambertson, the Town Assessor for Bethlehem, in Albany County, New York noted that the solar farms in her area are tucked away in rural or industrial areas. Lambertson has seen no impact on property values in properties adjacent to solar farms. Prepared for TPE Development, LLC Page | 97 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SOLAR FARM FACTORS ON HARMONY OF USE Zoning changes and conditional use permits often require that the proposed use is compatible with surrounding uses. The following section analyzes specific physical characteristics of solar farms and is based on research and CohnReznick’s personal solar farm site visits and indicate that solar farms are generally harmonious with surrounding property and compliant with most zoning standards. Appearance: Most solar panels have a similar appearance to a greenhouse or single-story residence can range from 8 to 20 feet but are usually not more than 15 feet high. As previously mentioned, developers generally surround a solar farm with a fence and often leave existing perimeter foliage, which minimizes the visibility of the solar farm. The physical characteristics of solar farms are compatible with adjoining agricultural and residential uses. Sound: Solar panels in general are effectively silent and sound levels are minimal, like ambient sound. There are limited sound-emitting pieces of equipment on-site, which only produce a quiet hum (e.g., inverters). However, these sources are not typically heard outside the solar farm perimeter fence. Odor: Solar panels do not produce any byproduct or odor. Greenhouse Gas (GHG) Emissions: Much of the GHG produced in the United States is linked to the combustion of fossil fuels, such as coal, natural gas, and petroleum, for energy use. Generating renewable energy from operating solar panels for energy use does not have significant GHG emissions, promoting cleaner air and reducing carbon dioxide (CO 2) emissions to fight climate change. Traffic: The solar farm requires minimal daily onsite monitoring by operational employees and thus minimal operational traffic. Hazardous Material: Modern solar panel arrays are constructed to U.S. government standards. Testing shows that modern solar modules are both safe to dispose of in landfills and are also safe in worst case conditions of abandonment or damage in a disaster.25 Reuse or recycling of materials would be prioritized over disposal. Recycling is an area of significant focus in the solar industry, and programs for both batteries and solar panels are advancing every year. While the exact method of recycling may not be known yet as it is dependent on specific design and manufacturer protocol, the equipment is designed with recyclability of its components in mind, and it is likely that solar panel and battery energy storage recycling and reuse programs will only improve in 25 years’ time. Examples of homes built adjoining to solar farms are presented on the following pages. 25 Virginia Solar Initiative - Weldon Cooper Center for Public Service – University of Virginia (https://solar.coopercenter.org/taxonomy/term/5311) Prepared for TPE Development, LLC Page | 98 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. For the Dominion Indy III solar farm, the adjacent land to the west was acquired and subsequently developed with a large estate home – after the solar panels had been in operation for years. Dominion Indy III Solar Farm September 2014 Dominion Indy III Solar Farm October 2016 Estate home adjacent to Dominion Indy III Solar Farm In ground pool and attached garage (home cost estimated at $450,000 - October 2015 ) ~150 ft Prepared for TPE Development, LLC Page | 99 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Single Family Home Development (1) - End-user built -2,933 SF - Completed on 3/1/2019 - Cost estimate: $170,300 Single Family Home Development (2) - Developer built - 4 Bedroom - 3 Bathroom - 2,401 SF - Sold 6/18/19 for $265,900 ($110.75/sf) Innovative Solar 42 (2017) Cumberland County, NC Innovative Solar 42 (2019) Cumberland County, NC Prepared for TPE Development, LLC Page | 100 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Developer Built Home Sold 6/18/19 for $265,900 ($110.75/sf) Cumberland County, NC (adjacent to Innovative 42 solar farm) Prepared for TPE Development, LLC Page | 101 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Portage Solar Farm, IN October 2015 Portage Solar Farm, IN October 2016 4,255 square foot estate home under construction, adjacent to Portage Solar Farm located in Indiana On-site pond and attached garage (cost estimated at $465,000) April 2018 4,255 SF Estate Home Under Construction, 4BR 5Ba + Pond Prepared for TPE Development, LLC Page | 102 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. The Brighton PV Solar farm became operational in December 2012. Located in Adams County, north of Denver, CO, this solar farm has a capacity of 1.8 MW AC and is located on a triangular parcel of land east of an area of existing custom-built estate homes. A photo of one home (15880 Jackson Street) located directly north of the circled area below, is presented to the right. In December 2012, the 2.55-acre lot circled in red below (15840 Jackson Street) was purchased for future development of a single-family home. This home was built in 2017, and per the county assessor, the two-story home is 3,725 square feet above ground with 4 bedrooms and 3.5 bathrooms. According to the building permit issued in August 2016, the construction cost was budgeted at $410,000. Brighton PV Solar, Adams County, CO June 2016 Brighton PV Solar, Adams County, CO June 2017 Prepared for TPE Development, LLC Page | 103 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SUMMARY OF ADJOINING USES The table below summarizes each Existing Solar Farm’s adjoining uses. Overall, the vast majority of the surrounding acreage for each comparable solar farm is made up of agricultural land, some of which have homesteads. There are also smaller single-family home sites that adjoin the solar farms analyzed in this report. Generally, these solar farms are sound comparables to Cypress Creek Renewables’ proposed solar project in terms of adjoining uses, location, and size. Solar Farm #Solar Farm Acreage % of Surrounding Agricultural Uses Acreage % of Surrounding Residential Uses Acreage % of Surrounding Industrial Uses Acreage % of Surrounding Office Uses Acreage % of Surrounding Other Uses Avg. Distance from Panels to Improvements (Feet) 1 DTE Lapeer Solar 60.00% 35.00% 0.00% 0.00% 5.00% 260 2 Grand Ridge Solar 97.60% 1.40% 0.00% 0.00% 1.00% 553 3 Woodland Solar 25.00% 5.00% 0.00% 0.00% 60.00% 615 4 Dominion Indy Solar III 97.70% 2.30% 0.00% 0.00% 0.00% 474 5 Sunfish Farm Solar 87.70% 18.30% 0.00% 0.00% 0.00% 380 6 Call Farms 3 Solar 44.40% 5.50% 3.30% 0.00% 9.40% 328 7 Portage Solar 65.50% 34.50% 0.00% 0.00% 0.00% 991 8 IMPA Frankton Solar 76.30% 5.70% 0.00% 0.00% 18.00% 236 9 Jefferson Community Solar Garden 73.00% 10.00% 0.00% 0.00% 16.67% 790 10 Valparaiso Solar 81.60% 18.40% 0.00% 0.00% 0.00% 659 Composition of Surrounding Uses (% of Surrounding Acreage) Prepared for TPE Development, LLC Page | 104 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. SUMMARY AND FINAL CONCLUSIONS The purpose of this property value impact report is to determine whether the presence of a solar farm has caused a measurable and consistent impact on adjacent property values. Under the identified methodology and scope of work, CohnReznick reviewed published methodology for measuring impact on property values as well as published reports that analyzed the impact of solar farms on property values. These studies found little to no measurable and consistent difference between Test Area Sales and Control Area Sales attributed to the solar farms. A summary of the chosen CohnReznick impact studies prepared is presented below. As summarized above, we evaluated 30 property sales adjoining existing solar facilities (Test Area Sales) and 115 Control Area Sales. In addition, we studied a total of 37 Test Area Sales and 46 Control Area Sales in two Before and After analyses. In total, we have studied over 1,430 sale transactions across the United States. The solar farms analyzed reflected sales of property adjoining an existing solar farm (Test Area Sales) in which the unit sale prices were effectively the same or higher than the comparable Control Area Sales that were not near a solar farm. The conclusions support that there is no negative impact for improved residential homes adjacent to solar, nor agricultural acreage. This was confirmed with market participants interviews, which provided additional insight as to how the market evaluates farmland and single-family homes with views of the solar farm. Solar Farm #Solar Farm Number of Test Area Sales Number of Control Area Sales Median Adjoining Property (Test Area Sales) Sales Price per Unit Control Area Sales Median Price per Unit Difference (%) Avg. Feet from Panel to Lot Avg. Feet from Panel to House Impact Found? Single-Family Residential 1 Portage Solar Group 2 1 7 $84.35 $84.27 +0.09% 1,070 1,233 No Impact 2 DTE Lapeer Solar Group 1 3 6 $105.26 $99.64 +5.64% 205 285 No Impact DTE Lapeer Solar Group 2 1 5 $114.12 $113.01 +0.98% 225 315 No Impact DTE Lapeer Solar Group 3 1 4 $94.84 $96.32 -1.54% 160 290 No Impact 3 Grand Ridge Solar 1 5 $79.90 $74.35 +7.46% 366 479 No Impact 4 Woodland Solar 1 5 $144.63 $137.76 +4.99% 420 615 No Impact 5 Dominion Indy Solar III Group 2 4 8 $59.10 $57.84 +2.18% 240 350 No Impact Dominion Indy Solar III Group 3 7 11 $72.15 $71.69 +0.64% 165 300 No Impact 6 Sunfish Farm Solar Group 1 1 14 $127.89 $124.86 +2.43% 50 200 No Impact Sunfish Farm Solar Group 2 1 10 $67.20 $66.23 +1.47% 665 760 No Impact 7 Call Farms 3 Solar 1 5 $58.80 $58.62 +0.31% 200 297 No Impact 8 IMPA Frankton Solar Group 1 1 6 $28.58 $28.42 +0.56% 120 153 No Impact IMPA Frankton Solar Group 2 1 5 $52.40 $51.47 +1.81% 163 415 No Impact 9 Jefferson Community Solar Garden 3 6 $165.15 $164.36 +0.48% 609 658 No Impact 10 Valparaiso Solar Group 1 1 5 $82.42 $79.95 +3.09% 323 516 No Impact Median Variance in Sale Prices for Test to Control Areas +1.47% 28 Adjoining Test Sales studied and compared to 102 Control Sales Land (Agricultural/Single Family Lots) 1 Portage Solar Group 1 1 9 $8,000 $7,674 +4.25% 845 - No Impact 5 Indy Solar III Group 1 1 4 $8,210 $8,091 +1.47% 280 - No Impact Median Variance in Sale Prices for Test to Control Areas +1.47% 2 Adjoining Test Sales studied and compared to 13 Control Sales CohnReznick Solar Analysis Conclusions Prepared for TPE Development, LLC Page | 105 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. It can be concluded that since the Adjoining Property Sales (Test Area Sales) were not adversely affected by their proximity to the solar farm, that properties surrounding other proposed solar farms operating in compliance with all regulatory standards will similarly not be adversely affected, in either the short or long term periods. Based upon the examination, research, and analyses of the existing solar farm uses, the surrounding areas, and an extensive market database, we have concluded that no consistent negative impact has occurred to adjacent property values that could be attributed to proximity to the adjacent solar farm , with regard to unit sale prices or other influential market indicators. Additionally, in our workfile we have retained analyses of additional existing solar farms, each with their own set of matched control sales, which had consistent results, indicating no consistent and measurable impact on adjacent property values. This conclusion has been confirmed by numerous county assessors who have also investigated this use’s potential impact on property values. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, CohnReznick LLP Andrew R. Lines, MAI Principal Certified General Real Estate Appraiser Illinois License No. 553.001841 Expires 9/30/2023 Indiana License No. CG41500037 Expires 6/30/2022 Patricia L. McGarr, MAI, CRE, FRICS National Director - Valuation Advisory Services Certified General Real Estate Appraiser Illinois License No. #553.000621 Expires 9/30/2023 Indiana License No. #CG49600131 Expires 6/30/2022 Michigan License No. 1201072979 Expires 7/31/2022 Erin C. Bowen, MAI Senior Manager Certified General Real Estate Appraiser Arizona License No. 32052 Expires 12/31/2022 Prepared for TPE Development, LLC Page | 106 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact and data reported are true and correct. 2. The reported analyses, findings, and conclusions in this consulting report are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, findings, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value finding, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this report. 8. Our analyses, findings, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which includes the Uniform Standards of Professional Appraisal Practice (USPAP). 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. Patricia L. McGarr, MAI, CRE, FRICS, Andrew R. Lines, MAI, and Erin C. Bowen, MAI have viewed the exterior of all comparable data referenced in this report in person, via photographs, or aerial imagery. 11. We have not relied on unsupported conclusions relating to characteristics such as race, color, religion, national origin, gender, marital status, familial status, age, and receipt of public assistance income, handicap, or an unsupported conclusion that homogeneity of such characteristics is necessary to maximize value. 12. Joseph P. B. Ficenec provided significant appraisal consulting assistance to the persons signing this certification, including data verification, research, and administrative work all under the appropriate supervision. 13. We have experience in reviewing properties similar to the subject and are in compliance with the Competency Rule of USPAP. 14. As of the date of this report, Patricia L. McGarr, MAI, CRE, FRICS, Andrew R. Lines, MAI, and Erin C. Bowen, MAI have completed the continuing education program for Designated Members of the Appraisal Institute. Prepared for TPE Development, LLC Page | 107 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, CohnReznick LLP Andrew R. Lines, MAI Principal Certified General Real Estate Appraiser Illinois License No. 553.001841 Expires 9/30/2023 Indiana License No. CG41500037 Expires 6/30/2022 Patricia L. McGarr, MAI, CRE, FRICS National Director - Valuation Advisory Services Certified General Real Estate Appraiser Illinois License No. #553.000621 Expires 9/30/2023 Indiana License No. #CG49600131 Expires 6/30/2022 Michigan License No. 1201072979 Expires 7/31/2022 Erin C. Bowen, MAI Senior Manager Certified General Real Estate Appraiser Arizona License No. 32052 Expires 12/31/2022 Prepared for TPE Development, LLC Page | 108 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. ASSUMPTIONS AND LIMITING CONDITIONS The fact witness services will be subject to the following assumptions and limiting conditions: 1. No responsibility is assumed for the legal description provided or for matter pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. The legal description used in this report is assumed to be correct. 2. The property is evaluated free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent management are assumed. 4. Information furnished by others is believed to be true, correct and reliable, but no warranty is given for its accuracy. 5. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property is in full compliance with all applicable federal, state, and local and environmental regulations and laws unless the lack of compliance is stated, described, and considered in the evaluation report. 8. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless nonconformity has been identified, described and considered in the evaluation report. 9. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in this report. 11. The date of value to which the findings are expressed in this report apply is set forth in the letter of transmittal. The appraisers assume no responsibility for economic or physical factors occurring at some later date which may affect the opinions herein stated. 12. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraisers. The appraisers have no knowledge of the existence of such substances on or in the property. The appraisers, however, are not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, radon gas, lead or lead-based products, toxic waste contaminants, and other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the Prepared for TPE Development, LLC Page | 109 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 13. The forecasts, projections, or operating estimates included in this report were utilized to assist in the evaluation process and are based on reasonable estimates of market conditions, anticipated supply and demand, and the state of the economy. Therefore, the projections are subject to changes in future conditions that cannot be accurately predicated by the appraisers and which could affect the future income or value projections. 14. Fundamental to the appraisal analysis is the assumption that no change in zoning is either proposed or imminent, unless otherwise stipulated. Should a change in zoning status occur from the property's present classification, the appraisers reserve the right to alter or amend the value accordingly. 15. It is assumed that the property does not contain within its confined any unmarked burial grounds which would prevent or hamper the development process. 16. The Americans with Disabilities Act (ADA) became effective on January 26, 1992. We have not made a specific compliance survey and analysis of the property to determine if it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect on the value of the property. Unless otherwise noted in this report, we have not been provided with a compliance survey of the property. Any information regarding compliance surveys or estimates of costs to conform to the requirements of the ADA are provided for information purposes. No responsibility is assumed for the accuracy or completeness of the compliance survey cited in this report, or for the eventual cost to comply with the requirements of the ADA. 17. Any value estimates provided in this report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the value estimate, unless such proration or division of interests has been set forth in this report. 18. Any proposed improvements are assumed to have been completed unless otherwise stipulated; any construction is assumed to conform with the building plans referenced in this report. 19. Unless otherwise noted in the body of this report, this evaluation assumes that the subject does not fall within the areas where mandatory flood insurance is effective. 20. Unless otherwise noted in the body of this report, we have not completed nor are we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. 21. This report should not be used as a basis to determine the structural adequacy/inadequacy of the property described herein, but for evaluation purposes only. Prepared for TPE Development, LLC Page | 110 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. 22. It is assumed that the subject structure meets the applicable building codes for its respective jurisdiction. We assume no responsibility/liability for the inclusion/exclusion of any structural component item which may have an impact on value. It is further assumed that the subject property will meet code requirements as they relate to proper soil compaction, grading, and drainage. 23. The appraisers are not engineers, and any references to physical property characteristics in terms of quality, condition, cost, suitability, soil conditions, flood risk, obsolescence, etc., are strictly related to their economic impact on the property. No liability is assumed for any engineering-related issues. The evaluation services will be subject to the following limiting conditions: 1. The findings reported herein are only applicable to the properties studied in conjunction with the Purpose of the Evaluation and the Function of the Evaluation as herein set forth; the evaluation is not to be used for any other purposes or functions. 2. Any allocation of the total value estimated in this report between the land and the improvements applies only to the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are not valid if so used. 3. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in the evaluation. 4. This report has been prepared by CohnReznick under the terms and conditions outlined by the enclosed engagement letter. Therefore, the contents of this report and the use of this report are governed by the client confidentiality rules of the Appraisal Institute. Specifically, this report is not for use by a third party and CohnReznick is not responsible or liable, legally or otherwise, to other parties using this report unless agreed to in writing, in advance, by both CohnReznick and/or the client or third party. 5. Disclosure of the contents of this evaluation report is governed by the by-laws and Regulations of the Appraisal Institute has been prepared to conform with the reporting standards of any concerned government agencies. 6. The forecasts, projections, and/or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. This evaluation is based on the condition of local and national economies, purchasing power of money, and financing rates prevailing at the effective date of value. 7. This evaluation shall be considered only in its entirety, and no part of this evaluation shall be utilized separately or out of context. Any separation of the signature pages from the balance of the evaluation report invalidates the conclusions established herein. Prepared for TPE Development, LLC Page | 111 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. 8. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purposes by anyone other than the client without the prior written consent of the appraisers, and in any event, only with property qualification. 9. The appraisers, by reason of this study, are not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. 10. Neither all nor any part of the contents of this report shall be conveyed to any person or entity, other than the appraiser's client, through advertising, solicitation materials, public relations, news, sales or other media, without the written consent and approval of the authors, particularly as to evaluation conclusions, the identity of the appraisers or CohnReznick, LLC, or any reference to the Appraisal Institute, or the MAI designation. Further, the appraisers and CohnReznick, LLC assume no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions and limiting conditions of the assignment. 11. This evaluation is not intended to be used, and may not be used, on behalf of or in connection with a real estate syndicate or syndicates. A real estate syndicate means a general or limited partnership, joint venture, unincorporated association or similar organization formed for the purpose of, and engaged in, an investment or gain from an interest in real property, including, but not limited to a sale or exchange, trade or development of such real property, on behalf of others, or which is required to be registered with the United States Securities and Exchange commissions or any state regulatory agency which regulates investments made as a public offering. It is agreed that any user of this evaluation who uses it contrary to the prohibitions in this section indemnifies the appraisers and the appraisers' firm and holds them harmless from all claims, including attorney fees, arising from said use. Prepared for TPE Development, LLC Page | 112 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. ADDENDUM A: APPRAISER QUALIFICATIONS Prepared for TPE Development, LLC Page | 113 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Patricia L. McGarr, MAI, CRE, FRICS, CRA Principal and CohnReznick Group – Valuation Advisory National Director 200 S. Wacker Drive, Suite 2600 Chicago, IL 60606 312-508-5802 patricia.mcgarr@cohnreznick.com Patricia L. McGarr, MAI, CRE, FRICS, CRA, is a principal and National Director of CohnReznick Advisory Group’s Valuation Advisory Services practice. Pat’s experience includes market value appraisals of varied property types for acquisition, condemnation, mortgage, estate, ad valorem tax, litigation, zoning, and other purposes. Pat has been involved in the real estate business since 1980. From June 1980 to January 1984, she was involved with the sales and brokerage of residential and commercial properties. Her responsibilities during this time included the formation, management, and training of sales staff in addition to her sales, marketing, and analytical functions. Of special note was her development of a commercial division for a major Chicago-area brokerage firm. Since January 1984, Pat has been exclusively involved in the valuation of real estate. Her experience includes the valuation of a wide variety of property types including residential (SF/MF/LIHTC), commercial, industrial, and special purpose properties including such diverse subjects as quarries, marinas, riverboat gaming sites, shopping centers, manufacturing plants, and office buildings. She is also experienced in the valuation of leasehold and leased fee interests. Pat has performed appraisal assignments throughout the country, including the Chicago Metropolitan area as well as New York, New Jersey, California, Nevada, Florida, Utah, Texas, Wisconsin, Indiana, Michigan, and Ohio. Pat has gained substantial experience in the study and analysis of the establishment and expansion of sanitary landfills in various metropolitan areas including the preparation of real estate impact studies to address criteria required by Senate Bill 172. She has also developed an accepted format for allocating value of a landfill operation between real property, landfill improvements, and franchise (permits) value. Over the past several years, Pat has developed a valuation group that specializes in the establishment of new utility corridors for electric power transmission and pipelines. This includes determining acquisition budgets, easement acquisitions, corridor valuations, and litigation support. Pat has considerable experience in performing valuation impact studies on potential detrimental conditions and has studied properties adjoining solar farms, wind farms, landfills, waste transfer stations, stone quarries, cellular towers, schools, electrical power transmission lines, “Big Box” retail facilities, levies, properties with restrictive covenants, landmark districts, environmental contamination, airports, material defects in construction, stigma, and loss of view amenity for residential high rises. Most recently, the firm has studied property values adjacent to Solar Farms to address criteria required for special use permits across the Midwest. Pat has qualified as an expert valuation witness in numerous local, state, and federal courts. Pat has participated in specialized real estate appraisal education and has completed more than 50 courses and seminars offered by the Appraisal Institute totaling more than 600 classroom hours, including real estate transaction courses as a prerequisite to obtaining a State of Illinois Real Estate Salesman License. Prepared for TPE Development, LLC Page | 114 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Pat has earned the professional designations of Counselors of Real Estate (CRE), Member of the Appraisal Institute (MAI), Fellow of Royal Institution of Chartered Surveyors (FRICS) and Certified Review Appraiser (CRA). She has also been a certified general real estate appraiser in 21 states (see below). Education x North Park University: Bachelor of Science, General Studies Professional Affiliations x National Association of Realtors x CREW Commercial Real Estate Executive Women x IRWA International Right Of Way Association Licenses and Accreditations x Member of the Appraisal Institute (MAI) x Counselors of Real Estate, designated CRE x Fellow of Royal Institution of Chartered Surveyors (FRICS) x Certified Review Appraiser (CRA) x Alabama State Certified General Real Estate Appraiser x California State Certified General Real Estate Appraiser x Connecticut State Certified General Real Estate Appraiser x Colorado State Certified General Real Estate Appraiser x District of Columbia Certified General Real Estate Appraiser x Illinois State Certified General Real Estate Appraiser x Indiana State Certified General Real Estate Appraiser x Louisiana State Certified General Real Estate Appraiser x Maryland State Certified General Real Estate Appraiser x Massachusetts Certified General Real Estate Appraiser x Michigan State Certified General Real Estate Appraiser x North Carolina State Certified General Real Estate Appraiser x New Jersey State Certified General Real Estate Appraiser x Nevada State Certified General Real Estate Appraiser x New York State Certified General Real Estate Appraiser x Pennsylvania State Certified General Real Estate Appraiser x South Carolina State Certified General Real Estate Appraiser x Tennessee State Certified General Real Estate Appraiser x Texas State Certified General Real Estate Appraiser x Virginia State Certified General Real Estate Appraiser x Wisconsin State Certified General Real Estate Appraiser Appointments x Appointed by two Governors of Illinois to the State Real Estate Appraisal Board (2017 & 2021) x Chairperson of the State of Illinois Real Estate Appraisal Board (2021) Prepared for TPE Development, LLC Page | 115 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Andrew R. Lines, MAI Principal, CohnReznick Advisory 200 S. Wacker Drive, Suite 2600 Chicago, IL 60606 312-508-5892 andrew.lines@cohnreznick.com Andrew R. Lines is a principal in CohnReznick’s Valuation Advisory Services group where he specializes in Real Estate, Affordable Housing, Cannabis and Renewable Energy. Andrew leads a group of appraisers across the country performing valuations on a wide variety of real estate property types including residential, commercial, industrial, hospitality and special purpose properties: landfills, waste transfer stations, marinas, hospitals, universities, self-storage facilities, racetracks, CCRCs, and railroad corridors. Affordable Housing experience includes Market Studies, Rent Compatibility Studies and Feasibility Analysis for LIHTC and mixed-income developments. Cannabis assignments have covered cultivation, processing and dispensaries in over 10 states, including due diligence for mergers and acquisitions of multi-state operational and early stage companies. Renewable Energy assignments have included preparation of impact studies and testimony at local zoning hearings in eight states. Andrew is experienced in the valuation of leasehold, leased fee, and partial interests and performs appraisals for all purposes including financial reporting, litigation, and gift/estate planning. Andrew is a State Certified General Real Estate Appraiser in the states of Illinois, Indiana, Maryland, Georgia, Florida, Ohio, New York, New Jersey, Arizona, Kentucky, and the District of Columbia. Before joining CohnReznick, Andrew was with Integra Realty Resources, starting as analyst support in 2002 and leaving the firm as a director in late 2011 (including two years with the Phoenix branch). His real estate experience also includes one year as administrator for the residential multifamily REIT Equity Residential Properties Trust (ERP), in the transactions department, where he performed due diligence associated with the sale and acquisition of REIT properties and manufactured home communities. Education x Syracuse University: Bachelor of Fine Arts x MAI Designation (Member of the Appraisal Institute) Professional Affiliations x Chicago Chapter of the Appraisal Institute o Alternate Regional Representative (2016 – 2018) o MAI Candidate Advisor (2014 – Present) x International Real Estate Management (IREM) x National Council of Real Estate Investment Fiduciaries (NCREIF) Prepared for TPE Development, LLC Page | 116 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Community Involvement x Syracuse University Regional Council – Active Member x Syracuse University Alumni Association of Chicago, Past Board member x Chicago Friends School – Treasurer & Board Member Prepared for TPE Development, LLC Page | 117 Disclaimer: This report is limited to the intended use, intended users (TPE Development, LLC and others stated in the report as it relates to the evaluation of a proposed solar energy generating facility in Illinois), and purpose stated within. No part of this report may otherwise be reproduced or modified in any form, or by any means, without the prior written permission of CohnReznick LLP. Erin Bowen, MAI Senior Manager, Valuation Advisory Services 858-349-8854 erin.bowen@cohnreznick.com Erin Bowen, MAI is a Senior Manager with CohnReznick in Valuation Advisory Services. Ms. Bowen is based in Phoenix, Arizona, with presence covering the west coast. Ms. Bowen’s work in Commercial Real Estate valuation spans over 11 years. Ms. Bowen specializes in lodging, cannabis, seniors housing, large scale retail and multifamily conversion properties. Lodging work includes all hotel property types and brand segments including limited, full service and resort properties; additionally, Ms. Bowen has appraised numerous hotel to multifamily conversion properties including market rate and affordable housing. Cannabis work includes dispensaries, cultivation facilities including specialized indoor facilities and greenhouse properties, processing and manufacturing facilities. Seniors housing assignments include assisted living, skilled nursing facilities and rehabilitation centers. Retail work spans power centers, lifestyle centers, outlet centers and malls. She has appraised numerous additional properties including multifamily, office, medical office, industrial, churches, and vacant land. Ms. Bowen has expertise in appraising properties at all stages of development, including existing as is, proposed, under construction, renovations and conversion to alternate use. Valuations have been completed nationwide for a variety of assignments including mortgage financing, litigation, tax appeal, estate gifts, asset management, as well as valuation for financial reporting including purchase price allocations (ASC 805). Impact Study Reports have also been generated for zoning hearings related to the development of solar facilities, wind powered facilities Education x University of California, San Diego: Bachelor of Arts in Psychology and Theater; College Honors Professional Affiliations x Appraisal Institute, Designated Member Licenses x Certified General Real Estate Appraiser licensed in New Mexico, Arizona, California, and Nevada I have reviewed the applications for rezoning classification, special use authorization, variance approval, and an amendment to an annexation agreement received on February 10, 2023 by Turning Point Energy, LLC. The following supplemental materials were included within the original applications: 1) Project Narrative, as prepared by Turning Point Energy, LLC 2) Annexation Amendment Application, as prepared Turning Point Energy, LLC 3) Rezoning Application, as prepared by Turning Point Energy, LLC 4) Variance Application, as prepared by Turning Point Energy, LLC 5) Special Use Permit Application, as prepared by Turning Point Energy, LLC 6) Zoning Site Plan, as prepared by Kimley Horn & Associates, Inc. 7) Decommissioning Plan, as prepared by Turning Point Energy, LLC 8) Wetland Delineation, as prepared by Kimley Horn & Associates, Inc. 9) Environmental Constraints Memorandum, as prepared by Kimley Horn & Associates, Inc. 10) Title Insurance, as prepared by Borrego Solar Systems, Inc. 11) Decommissioning Estimate, as prepared by New Leaf Energy 12) Illinois Department of Natural Resources EcoCAT Termination Report, as prepared by IDNR 13) Illinois Historic Preservation Agency Report, as prepared by Kimley Horn & Associates, Inc. 14) NRI Application & Report, as prepared by Kendall County Soil & Water Conservation District 15) Manufacturer’s Specifications 16) Operations and Maintenance Plan, as prepared by Turning Point Energy, LLC 17) Transportation and Access Plan, as prepared by Kimley Horn & Associates, LLC 18) Interconnection Agreement 19) Glare Study and FAA Notice Criteria Filing, as prepared by Turning Point Energy, LLC 20) Containment and Water Studies 21) Viewshed, as prepared by Turning Point Energy, LLC 22) FEMA Firm Map 23) Property Impact Study, as prepared by Cohn Reznick The petitioner is seeking to construct a solar farm onthe 42-acre parcel generally located east of Cannonball Trail and south of Galena Road within the Bristol Ridge Planned Unit Development. The petitioner is requesting to rezone the parcel from the R-2 Single-Family and R-3 Townhome to A-1 Agricultural District zoning, special use permit approval for a solar farm, and variance approval to decrease the minimum distance between the ground and the solar panels from ten (10) feet to a minimum height of two (2) feet. Based upon my review of the application documents and plans, I have compiled the following comments (staff comments to the petitioner are underlined): Memorandum To: Plan Council From: Jason Engberg, Senior Planner Date: March 19, 2023 Subject: PZC 2023-03 Bristol Ridge Solar Farm 106 (Rezone, Special Use, Variance, Annexation Agreement Amendment) Zoning The subject property is currently zoned R-2 Single-Family and R-3 Townhome PUD per Ordinance 2006- 126. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North B-3 General Business District (Bristol Bay) B-4 Commercial Recreation District (Kendall County) Religious Institution Farmland South R-2 Single-Family Traditional Residence District (Bristol Ridge) R-3 Multi-Family Attached Residence District (Bristol Ridge) Farmland East A-1 Agricultural District (Kendall County) Farmland West R-2 One Family Residential District (Kendall County) R-2 Single-Family Traditional Residence District (Bristol Ridge) R-3 Multi-Family Attached Residence District (Bristol Ridge) Residential Use Farmland The proposed use is defined in the Yorkville Zoning Ordinance as a Solar Farm which is a special use within the A-1 Agricultural District. This requires the use to abide by the A-1 Agricultural District regulations as well as the Alternative Energy System regulations in the City’s Zoning Ordinance. Location on Site Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. The following yard setbacks are required for this district and the proposed setbacks are shown on the submitted materials: Minimum Requirement Proposed Setback Front 100 feet >100 feet Side (North) 50 feet >50 feet Side (South) 50 feet ~ 28 feet Rear None 50 feet The location of the solar panels meets the front, north side, and rear yard setbacks for the A-1 District. Staff is requesting that the petitioner indicate the exact measurement on the exhibit which states how far the nearest panel is to the property line. The solar panels encroach into the required side yard on the southern border but Section 10-19-7-C of the Yorkville Zoning Ordinance (zoning ordinance) states that freestanding solar energy systems may not be located within the required front yard or corner side yard but may be located within the required rear and side yards. Section 10-19-7-B of the zoning ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. Therefore, the proposed 28-foot setbacks from the side property lines meets the minimum requirement of the zoning ordinance. Height Section 10-19-7-F states the maximum height will be stipulated as a special use condition. The petitioner has stated the maximum height of the panels will be 15 feet. Staff does not have an issue with this height and will recommend it as a condition of the special use as stated in the zoning ordinance. Fencing The petitioner is proposing to construct an 8-foot “agricultural style” fence around the entire solar field which will be accessible through gates with Knox Boxes for emergency access. Section 10-7-2 does not state any regulations regarding fencing within the A-1 Agricultural District. Therefore, the proposed fencing does meet the minimum requirements. Staff is requesting that the petitioner provide an exhibit illustrating the fence alone including a description of the materials. In previous solar farm applications, committee members were interested in the type of fencing being installed and it may prove beneficial in this instance as well. Landscape Plan Section 8-12-1-C of the Municipal Code states that all other developments other than single-family detached and duplex residential development must meet the parkway, perimeter, parking lot, lot, stormwater storage basin, and median landscaping requirements. For this development, the following are relevant as certain portions of the development are adjacent to residential uses: B. Perimeter landscaping: 1. Nonresidential adjacent to residential: Where a nonresidential property is adjacent to residential property, a thirty foot (30') wide buffer yard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet (3') in height as measured from the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per one hundred (100) linear feet of buffer yard. D. Lot landscaping: Lot landscaping shall be required for all developments in accordance with the following: 2. Nonresidential: Two (2) shade trees and fifteen (15) shrubs shall be provided for every twenty thousand (20,000) square feet of lot area. The petitioner has identified areas that face Cannonball Trail and the religious institution to the north and are providing a vegetative buffer. Additionally, the petitioner has identified areas that face the residential use to the southwest and have provided an enhanced vegetative buffer. The vegetative buffer along the western and sections of the northern boundary of the parcel are providing eight (8) evergreen trees/shrubs and seven (7) large deciduous shrubs every one hundred (100) linear feet. These buffers are not required as they are not adjacent to a residential use but do add to the required amount of lot landscaping. These buffers have been provided for potential views from the nearby religious instution and Cannonball Trail. The enhanced vegetative buffer is faces the residential land us to the southwest and is providing ten (10) evergreen trees/shrubs, six (6) large deciduous shrubs, and three (3) ornamental trees every one hundred (100) linear feet. The landscape plan does not quantify how many of each species will be located on site. Staff will require this total on the exhibit to calculate if the petitioner is meeting the standards set it the landscape ordinance outlined above. The mix of landscaping and the types of plantings will be reviewed and approved by the City’s landscaping consultant and will be added as a condition to the special use. The petitioner must meet the criteria of the landscape ordinance prior to special use authorization. Glare Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the panels will be buffered by landscaping in areas that could be seen by adjacent property owners or roadways. The petitioner has also provided a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public right-of-way. Signage Section 19-4-F states that “No commercial signage or attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size.” The submitted narrative states a warning sign shall be provided at the facility entrance and along the perimeter fence including the facilities 911 address and a 24-hour emergency contact number. The petitioner does not need to provide an exhibit of the sign if it is under 2 square feet in size. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. ComEd has been notified of this project and an interconnection plan has been submitted to them and has been provided by the petitioner. Clearance Section 10-19-7-D states the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10'). The petitioner is requesting a variance to this regulation to reduce the clearance to two (2) feet. The petitioner has provided the reasoning behind this request as the maintenance on the panels at the 10-foot height would be cumbersome, the visibility of the panels would increase as they would be significantly taller, and the wind loads generated at a greater height could damage the cells. Staff supports the variance request as the regulation has been an issue with previous requests for ground mounted solar panels and is not an industry standard. Access The site plan indicates there will be a 20-foot-wide access drive off of Cannonball Trail to the east to enter the property. Section 10-16-3-C, Table 10.16.02 states the minimum driveway width for a nonresidential use is 12 feet for the amount of trips per day this site will generate once complete. Part D-5 of this Section also states that the driveway surface shall be improved with a pavement meeting State of Illinois standard A-3 or equivalent. The petitioner should indicate on the plans the type of pavement being used for the access drive. Decommission Section 10-19-9-A-3 states prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of that chapter. The costs include, but are not limited to, removal of system, property restoration upon removal of the system, city legal expenses and hearing costs associated with violations of that chapter. The petitioner has verified they are aware of these standards and have included decommissioning plan with their submittal. Annexation Agreement Amendment The petitioner is requesting to amend the existing Annexation Agreement for Bristol Ridge (Ordinance 2006-126) to permit this land use instead of the planned residential development. Per the petitioner’s request, staff will add language within the amendment ordinance which states the rezoning, special use, and variance authorization along with the land use change will only take effect once a building permit is issued for the solar farm and not at recordation of the ordinance. If the petitioner is seeking any additional language in the agreement other than what has already been stated, please advise staff for discussion. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. SUMMARY: The applicant, Turning Point Energy, LLC, is requesting rezoning approval, special use authorization, variance approval and an amendment to an annexation agreement to construct a solar farm on the 42-acre parcel generally located east of Cannonball Trail and south of Galena Road within the Bristol Ridge Planned Unit Development. The petitioner is requesting to rezone the parcel from the R-2 Single-Family and R-3 Townhome PUD (Bristol Ridge) to the A-1 Agricultural District zoning, special use permit approval for a solar farm land use, and variance approval to decrease the minimum distance between the ground and the solar panels from ten (10) feet to a minimum height of two (2) feet. Finally, the petitioner is seeking to amend the existing annexation agreement for the Bristol Ridge Development to replace the current adopted land use plan with their solar farm. This amendment will also be required to rezone the property to the A-1 Agricultural District. LOCATION & BACKGROUND: The 42-acre property is located in the northeastern part of Yorkville just north of unincorporated Bristol along Cannonball Trail. The property is the northern portion of the existing Bristol Ridge Development which was established in 2006 for residential detached and attached housing units. The current land use of the property is agricultural farmland. Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: March 29, 2023 Subject: PZC 2023-03 Bristol Ridge Solar Farm 106 (Rezone, Special Use, Variance, Annexation Agreement Amendment) ZONING: The subject property is currently zoned for R-2 Single-Family dwellings and R-3 Townhome dwellings as part of a Planned Unit Development per Ordinance 2006-126. The petitioner is seeking to rezone the property to the A-1 Agricultural District. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North B-3 General Business District (Bristol Bay) B-4 Commercial Recreation District (Kendall County) Religious Institution Farmland South R-2 Single-Family Traditional Residence District (Bristol Ridge) R-3 Multi-Family Attached Residence District (Bristol Ridge) Farmland East A-1 Agricultural District (Kendall County) Farmland West R-2 One Family Residential District (Kendall County) R-2 Single-Family Traditional Residence District (Bristol Ridge) R-3 Multi-Family Attached Residence District (Bristol Ridge) Residential Use Farmland The proposed use is defined in the Yorkville Zoning Ordinance as a Solar Farm which is a special use within the A-1 Agricultural District. This requires the use to abide by the A-1 Agricultural District regulations as well as the Alternative Energy System regulations in the City’s Zoning Ordinance. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-19: Alternative Energy Systems establishes regulations which were used in the review of this request. The proposed solar farm will be required to meet the setback standards for the A-1 Agricultural District as well as the provisions under the Freestanding Solar Energy Systems regulations. Setbacks Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. Section 10-19-7-C of the Zoning Ordinance states that freestanding solar energy systems shall not be located within the required front yard or corner side yard. Additionally, Section 10-19-7-B of the Zoning Ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. The following table illustrates the minimum required yard setbacks for solar systems based upon the A-1 Agricultural District regulations and the Freestanding Solar Energy System requirements and the proposed setbacks per the submitted site plan (attached): Minimum Requirement Proposed Setback Front 100 feet >100 feet Side (North) 8 feet >50 feet Side (South) 8 feet 28 feet Rear None 41 feet The location of the solar panels meets the front and rear yard setbacks for the A-1 District and the location of the solar panels meets the required setbacks in the side yards per the Freestanding Solar Energy System requirements. Staff is requiring the petitioner to illustrate the exact setback in the front and side yard prior to any public hearing. Height The petitioner has submitted a narrative stating that the height of the entire panel on the stand will not exceed fifteen (15) feet in height. Section 10-19-7-F states the maximum height will be stipulated as a special use condition. Staff is not opposed to this overall height as the location of the panels and their distance from all existing land uses should not cause a nuisance to any neighboring property. The viewsheds provided by the petitioner illustrate this point. The overall height will be set as a condition of the special use as stated in the zoning ordinance. Clearance Section 10-19-7-D states the minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten feet (10'). The petitioner is requesting a variance to this regulation to reduce the clearance to two (2) feet. The petitioner has provided the reasoning behind this request as the maintenance on the panels at the 10-foot height would be cumbersome, the visibility of the panels would increase as they would be significantly taller, and the wind loads generated at a greater height could damage the cells. Staff supports the variance request as the regulation has been an issue with previous requests for ground mounted solar panels and is not an industry standard. This regulation is being removed in the Unified Development Ordinance which is currently being drafted by the City. Fencing The petitioner is proposing to construct an eight (8) foot “agricultural style” fence around the entire solar field which will be accessible through gates with Knox Boxes for emergency access. Section 10-7-2 does not state any regulations regarding fencing within the A-1 Agricultural District. Therefore, the proposed fencing does meet the minimum requirements. Staff has requested that the petitioner provide an exhibit illustrating the fence alone including a description of the materials prior to any public hearing. Staff also suggested either making the fence chain link or adding a beam to the top of the proposed fence to increase its sturdiness and overall security. All fencing materials, locations, and styles will be included as a condition of special use approval. Glare Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the panels will be buffered by landscaping in areas that could be seen by adjacent property owners or roadways. The petitioner has also provided a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public right-of-way. Signage Section 19-4-F states that “No commercial signage or attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size.” The submitted narrative states a warning sign shall be provided at the facility entrance and along the perimeter fence including the facilities 911 address and a 24-hour emergency contact number. The petitioner is aware of the size requirement and will comply with the regulation. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. ComEd has been notified of this project and an interconnection plan has been submitted to them and has been provided by the petitioner. Decommission Section 10-19-9-A-3 states prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of that chapter. The costs include, but are not limited to, removal of system, property restoration upon removal of the system, city legal expenses and hearing costs associated with violations of that chapter. The petitioner has verified they are aware of these standards and have included decommissioning plan with their submittal. Additionally, the petitioner has been made aware that they will have to establish an access easement over the entire property in case City staff must remove the solar farm. Landscape Plan Section 8-12-1-C of the Municipal Code states that all other developments other than single-family detached and duplex residential development must meet the parkway, perimeter, parking lot, lot, stormwater storage basin, and median landscaping requirements. For this development, the following are relevant as certain portions of the development are adjacent to residential uses: B. Perimeter landscaping: 1. Nonresidential adjacent to residential: Where a nonresidential property is adjacent to residential property, a thirty foot (30') wide buffer yard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet (3') in height as measured from the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per one hundred (100) linear feet of buffer yard. D. Lot landscaping: Lot landscaping shall be required for all developments in accordance with the following: 2. Nonresidential: Two (2) shade trees and fifteen (15) shrubs shall be provided for every twenty thousand (20,000) square feet of lot area. The petitioner has identified areas that face Cannonball Trail and the religious institution to the north and are providing a vegetative buffer. Additionally, the petitioner has identified areas that face the residential use to the southwest and have provided an enhanced vegetative buffer. The vegetative buffer along the western and sections of the northern boundary of the parcel are providing eight (8) evergreen trees/shrubs and seven (7) large deciduous shrubs every one hundred (100) linear feet. These buffers are not required as they are not adjacent to a residential use but do add to the required amount of lot landscaping. These buffers have been provided for potential views from the nearby religious institution and Cannonball Trail. The enhanced vegetative buffer is faces the residential land us to the southwest and is providing ten (10) evergreen trees/shrubs, six (6) large deciduous shrubs, and three (3) ornamental trees every one hundred (100) linear feet. The landscape plan does not quantify how many of each species will be located on site. Staff will require this total on the exhibit to calculate if the petitioner is meeting the standards set it the landscape ordinance outlined above. This mix of landscaping and the types of plantings is being reviewed by the City’s landscaping consultant and will need to be approved prior to any public hearing. The final landscape plan will be made a condition of the special use approval. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated March 13, 2023. The work items listed in the review letter will need to be addressed and will become conditions for special use approval. The petitioner’s engineer, Kimley-Horn, has provided a response letter to these requests and is attached. ANNEXATION AGREEMENT AMENDMENT: The petitioner is requesting to amend the existing Annexation Agreement for Bristol Ridge (Ordinance 2006-126) to permit this land use instead of the planned residential development. The petitioner is also proposing to add language which states the rezoning, special use, and variance authorization along with the land use change will only take effect once a building permit is issued for the solar farm and not at recordation of the ordinance. Additionally, the petitioner has received permission from all property owners within the Bristol Ridge Development to amend the annexation agreement for the solar farm use. COMPREHENSIVE PLAN: The subject property’s future land use is classified as “Estate Conservation/Residential” which is intended to provide flexibility for residential design in areas of Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The most typical form of development within this land use will be detached single family homes on large lots. In 2016 this future land use designation was also use as a “holding” designation for future development. The 10-year horizon of the plan saw these areas outside of the core not developing within that timeframe. Any development in these areas should be reviewed on a case-by-case basis since it was not anticipated to develop within the plan’s lifespan. The utilization of this property for a solar farm is a suitable land use at this time. The current annexation amendment for a residential neighborhood will expire in 2026 and the lack of development and utilities in this area means it is unlikely to be developed into a more intense use. Additionally, the solar farm is temporary in nature as it currently is being proposed for a 20-year lease. STAFF COMMENTS & RECOMMENDATIONS: Staff is generally supportive of the rezoning, special use request, variance, and annexation agreement amendment. Should the City Council vote to approve this request, staff recommends the following conditions to the special use: 1. The maximum height of the solar panels for this land use will be fifteen (15) feet. 2. A landscape plan which meets the standards set forth in Section 8-12 of the Yorkville Municipal Code and is approved by the City’s landscape consultant. 3. The petitioner provides a security guarantee in a form acceptable to the City to cover such costs including, but not limited to the removal, property restoration, and city legal expenses and a blanket easement be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 4. Adherence to all comments prepared by EEI, city engineering consultant, in a letter dated March 13, 2023. This request is tentatively scheduled for a public hearing for the rezoning, special use, and variance at the May 10, 2023 Planning and Zoning Commission meeting and the public hearing for the annexation agreement amendment at the May 23, 2023 City Council meeting. Staff and the petitioner are seeking comments from the Economic Development Committee about the proposed solar farm prior to the public hearing. ATTACHMENTS: 1) Project Narrative, as prepared by Turning Point Energy, LLC 2) Zoning Site Plan, as prepared by Kimley Horn & Associates, Inc. 3) Development Applications 4) Decommissioning Plan, as prepared by Turning Point Energy, LLC 5) Wetland Delineation, as prepared by Kimley Horn & Associates, Inc. 6) Environmental Constraints Memorandum, as prepared by Kimley Horn & Associates, Inc. 7) Title Insurance, as prepared by Borrego Solar Systems, Inc. 8) Decommissioning Estimate, as prepared by New Leaf Energy 9) Illinois Department of Natural Resources EcoCAT Termination Report, as prepared by IDNR 10) Illinois Historic Preservation Agency Report, as prepared by Kimley Horn & Associates, Inc. 11) NRI Application & Report, as prepared by Kendall County Soil & Water Conservation District 12) Manufacturer’s Specifications 13) Operations and Maintenance Plan, as prepared by Turning Point Energy, LLC 14) Transportation and Access Plan, as prepared by Kimley Horn & Associates, LLC 15) Interconnection Agreement 16) Glare Study and FAA Notice Criteria Filing, as prepared by Turning Point Energy, LLC 17) Containment and Water Studies 18) Viewshed, as prepared by Turning Point Energy, LLC 19) FEMA Firm Map 20) Property Impact Study, as prepared by Cohn Reznick 21) Plan Council Memorandum – March 17, 2023 22) EEI Comments – March 13, 2023 Sold To: United City of Yorkville - CU00410749 800 Game Farm Rd Yorkville,IL 60560-1133 Bill To: United City of Yorkville - CU00410749 800 Game Farm Rd Yorkville,IL60560-1133 Certificate of Publication: Order Number: 7417479 Purchase Order: 7417479 Public Hearing Notices State of Illinois - Kendall Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 4/21/2023, and the last publication of the notice was made in the newspaper dated and published on 4/21/2023. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES:Apr 21, 2023. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 22nd Day of April, 2023, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number Bills for Payment Special City Council – May 30, 2023 Majority Approval Amy Simmons Finance Name Department 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPALBUILDING23-230 CITY-WIDE CAPITAL24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL25-225 PARK & REC CAPITAL42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 05/03/23 UNITED CITY OF YORKVILLETIME: 08:31:10 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 05/03/23CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538472 HAGGERTY HAGGERTY FORDF81588 04/05/23 01 NEW FORD TRANSIT VAN 45,730.0045,730.00 *45,730.00--60-00-6070INVOICE TOTAL:CHECK TOTAL:TOTAL AMOUNT PAID:45,730.00)<Page 1 of 4545,730.00 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538479 AACVB AURORA AREA CONVENTION04/23-ALL 05/09/23 01 APR 2023 ALL SEASON HOTEL TAX 01-640-54-00-5481 40.00INVOICE TOTAL: 40.00 *CHECK TOTAL: 40.00538480 ABEEP A BEEP, LLC115903 04/27/23 01 MOBILE RADIOS WITH ENCRYPTION 01-210-56-00-5620 19,334.81INVOICE TOTAL: 19,334.81 *CHECK TOTAL: 19,334.81538481 ALTORFER ALTORFER INDUSTRIES, INCPO630013860 04/19/23 01 REMOVED BYPASS CONNECTION, 52-520-54-00-5444 5,127.8802 INSTALLED RADIATOR ASSEMBLY, ** COMMENT **03 INSTALLED NEW BELTS, FANS AND ** COMMENT **04 GUARDS ** COMMENT **INVOICE TOTAL: 5,127.88 *CHECK TOTAL: 5,127.88538482 AMEHOIST AMERICAN HOIST & MANLIFT, INC25714 02/21/23 01 REPLACED WATCH DOG DOOR CLOSE 24-216-54-00-5446 1,696.0002 PART AT 800 GAME FARM RD ** COMMENT **INVOICE TOTAL: 1,696.00 *25880 03/08/23 01 REPAIR FIRE SERVICE DOOR 24-216-54-00-5446 1,272.00INVOICE TOTAL: 1,272.00 *26140 04/11/23 01 APR 2023 ELEVATOR MAINTENANCE 24-216-54-00-5446 160.0002 AT 651 PRAIRIE POINTE DRIVE ** COMMENT **INVOICE TOTAL: 160.00 *)<Page 2 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538482 AMEHOIST AMERICAN HOIST & MANLIFT, INC26141 04/11/23 01 APR 2023 ELEVATOR MANTENANCE 24-216-54-00-5446 160.0002 AT 102 E VAN EMMON ** COMMENT **INVOICE TOTAL: 160.00 *26142 04/11/23 01 ELEVATOR MAINTENANCE FOR 800 24-216-54-00-5446 480.0002 GAME FARM RD ** COMMENT **INVOICE TOTAL: 480.00 *CHECK TOTAL: 3,768.00538483 ANDERSEN ANDERSEN PLUMBING & HEATING26211355 04/04/23 01 REMOVED AND REPLACED TOILET 24-216-60-00-6030 12,275.0002 FLUSH TUBES AND EXISTING ** COMMENT **03 FAUCETS. ** COMMENT **INVOICE TOTAL: 12,275.00 *26825115 04/19/23 01 PROVIDED AND INSTALLED 24-216-60-00-6030 9,575.0002 COMMERCIAL SOFTENER AND WS2 ** COMMENT **03 METER ASSEMBLY ** COMMENT **INVOICE TOTAL: 9,575.00 *27204602 04/27/23 01 REBUILD BACKFLOW DEVICE 24-216-54-00-5446 900.00INVOICE TOTAL: 900.00 *CHECK TOTAL: 22,750.00538484 ARTLIP ARTLIP & SONS, INC.205886 04/17/23 01 INSTALLED NEW ARMAFLEX 24-216-54-00-5446 175.66INVOICE TOTAL: 175.66 *207309 04/07/23 01 REPLACED FAN CONTROL 24-216-54-00-5446 1,370.66INVOICE TOTAL: 1,370.66 *)<Page 3 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23 UNITED CITY OF YORKVILLETIME: 15:39:28 PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538484 ARTLIP ARTLIP & SONS, INC.207313 04/07/23 01 REPLACED FAULTY PARTS FOR 24-216-54-00-5446 2,404.4602 EXHAUST FAN IN BATHROOM ** COMMENT **INVOICE TOTAL: 2,404.46 *CHECK TOTAL: 3,950.78538485 ATT AT&T6305536805-0423 04/25/23 01 04/25-05/24 RIVERFRONT PARK 79-795-54-00-5440 121.31INVOICE TOTAL: 121.31 *CHECK TOTAL: 121.31538486 BAKTAY BAKER & TAYLOR2037461281 04/19/23 01 BOOKS 84-840-56-00-5686 1,124.72INVOICE TOTAL: 1,124.72 *2037477054 04/26/23 01 BOOKS 84-840-56-00-5686 800.54INVOICE TOTAL: 800.54 *CHECK TOTAL: 1,925.26538487 BATTERYS BATTERY SERVICE CORPORATION0097562 04/17/23 01 BATTERY 24-216-56-00-5656 135.50INVOICE TOTAL: 135.50 *CHECK TOTAL: 135.50538488 BFCONSTR B&F CONSTRUCTION CODE SERVICES17570 05/08/23 01 MAR 2023 INSPECTIONS 01-220-54-00-5459 9,800.00INVOICE TOTAL: 9,800.00 *CHECK TOTAL: 9,800.00)<Page 4 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538489 BRISBOND DANA XAVIER BRISBON042723 04/27/23 01 REFEREE 79-795-54-00-5462 45.00INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00538490 CAMBRIA CAMBRIA SALES COMPANY INC.43382 04/10/23 01 PAPER TOWEL, TOILET TSSUE, 24-216-56-00-5656 5,235.2402 GARBAGE BAGS, URINAL MATS, ** COMMENT **03 CLEANERS, URINAL SCREENS ** COMMENT **INVOICE TOTAL: 5,235.24 *CHECK TOTAL: 5,235.24538491 CAMBRIA CAMBRIA SALES COMPANY INC.43386 04/11/23 01 BOWL CLEANERS 24-216-56-00-5656 69.14INVOICE TOTAL: 69.14 *43397 04/19/23 01 PAPER TOWELS 24-216-56-00-5656 267.36INVOICE TOTAL: 267.36 *CHECK TOTAL: 336.50538492 CARLYLEM MITCHELL CARLYLE032923 03/29/23 01 2023 ILEAS CONFERENCE MEAL 01-210-54-00-5415 80.0002 PER DIEMS ** COMMENT **INVOICE TOTAL: 80.00 *CHECK TOTAL: 80.00538493 CHICAGOF CHICAGO FILTER SUPPLY61936 04/20/22 01 FILTERS 24-216-56-00-5656 29.72INVOICE TOTAL: 29.72 *CHECK TOTAL: 29.72)<Page 5 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538494 COMED COMMONWEALTH EDISON0091033126-0423 04/28/23 01 03/30-04/28 RT34 & AUTUMN CRK 23-230-54-00-5482 244.96INVOICE TOTAL: 244.96 *0435057364-0423 04/25/23 01 03/27-04/25 RT126 & SCHLHS 23-230-54-00-5482 121.44INVOICE TOTAL: 121.44 *1647065335-0423 04/28/23 01 03/30-04/28 SARAVANOS PUMP 52-520-54-00-5480 84.08INVOICE TOTAL: 84.08 *2947052031-0423 04/27/23 01 03/29-04/27 RT47 & RIVER 23-230-54-00-5482 341.97INVOICE TOTAL: 341.97 *3440-10017-0323 05/01/23 01 02/23-03/24 LEASURE & SUNSET 23-230-54-00-5482 2,178.83INVOICE TOTAL: 2,178.83 *6819027011-0423 05/03/23 01 03/28-04/27 PR BUILDINGS 79-795-54-00-5440 279.77INVOICE TOTAL: 279.77 *7110074020-0423 04/26/23 01 03/28-04/26 104 E VAN EMMON 01-110-54-00-5480 253.28INVOICE TOTAL: 253.28 *7982120022-0423 04/27/23 01 03/29-04/27 609 N. BRIDGE 01-110-54-00-5480 24.71INVOICE TOTAL: 24.71 *CHECK TOTAL: 3,529.04538495 CONFORTM MASON CONFORTI04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 105.00INVOICE TOTAL: 105.00 *CHECK TOTAL: 105.00538496 CORDOGAN CORDOGAN CLARK & ASSOCIATES)<Page 6 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538496 CORDOGAN CORDOGAN CLARK & ASSOCIATES25989 12/15/22 01 YORKVILLE CTY HALL & POLICE 24-216-60-00-6030 15,436.9202 FACILITY PROFESSIONAL SERVICES ** COMMENT **03 THROUGH 11/30/22 ** COMMENT **INVOICE TOTAL: 15,436.92 *CHECK TOTAL: 15,436.92538497 COREMAIN CORE & MAIN LPS697512 04/19/23 01 METER WIRE 51-510-56-00-5664 346.76INVOICE TOTAL: 346.76 *CHECK TOTAL: 346.76538498 COXLAND COX LANDSCAPING LLC192099 04/29/23 01 APR 2023 MOWING 11-111-54-00-5495 264.50INVOICE TOTAL: 264.50 *192100 04/29/23 01 APR 2023 MOWING 12-112-54-00-5495 250.00INVOICE TOTAL: 250.00 *CHECK TOTAL: 514.50538499 DIRENRGY DIRECT ENERGY BUSINESS1704707-231150051537 04/25/23 01 03/17-04/17 RT47 & KENNEDY 23-230-54-00-5482 1,045.08INVOICE TOTAL: 1,045.08 *1704708-231220051588 05/02/23 01 03/29-04/26 1850 MARKETVIEW 23-230-54-00-5482 36.48INVOICE TOTAL: 36.48 *1704709-231220051588 05/02/23 01 03/29-04/26 7 COUNTRYSIDE PKWY 23-230-54-00-5482 104.76INVOICE TOTAL: 104.76 *)<Page 7 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538499 DIRENRGY DIRECT ENERGY BUSINESS1704710-231180051567 04/28/23 01 03/28-04/25 VAN EMMON LOT 23-230-54-00-5482 12.25INVOICE TOTAL: 12.25 *1704712-231150051537 04/25/23 01 03/22-04/20 421 POPLAR 23-230-54-00-5482 4,127.57INVOICE TOTAL: 4,127.57 *1704713-231140051529 04/24/23 01 03/21-04/19 FOX & PAVILLION 23-230-54-00-5482 6.19INVOICE TOTAL: 6.19 *1704715-231140051529 04/24/23 01 03/22-04/20 998 WHITE PLAINS 23-230-54-00-5482 7.83INVOICE TOTAL: 7.83 *1704716-231220051588 05/02/23 01 03/29-04/27 1 COUNTRYSIDE PKWY 23-230-54-00-5482 118.64INVOICE TOTAL: 118.64 *1704719-231160051546 04/26/23 01 03/24-04/24 LEASURE & SUNSET 23-230-54-00-5482 113.94INVOICE TOTAL: 113.94 *1704721-231220051588 05/02/23 01 03/29-04/26 610 TOWER WELLS 51-510-54-00-5480 7,696.26INVOICE TOTAL: 7,696.26 *1704722-231180051567 04/28/23 01 03/30-04/25 2921 BRISTOL RIDGE 51-510-54-00-5480 4,231.48INVOICE TOTAL: 4,231.48 *1704723-231180051567 04/28/23 01 03/28-04/25 2224 TREMONT 51-510-54-00-5480 727.30INVOICE TOTAL: 727.30 *CHECK TOTAL: 18,227.78538500 DUTEK THOMAS & JULIE FLETCHER1020133 04/25/23 01 HOSE ASSEMBLY 01-410-56-00-5628 290.00INVOICE TOTAL: 290.00 *CHECK TOTAL: 290.00)<Page 8 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538501 ECO ECO CLEAN MAINTENANCE INC11536 02/27/23 01 FEB 2023 OFFICE CLEANING 01-110-54-00-5488 1,005.0002 FEB 2023 OFFICE CLEANING 01-210-54-00-5488 1,005.0003 FEB 2023 OFFICE CLEANING 79-795-54-00-5488 525.0004 FEB 2023 OFFICE CLEANING 79-790-54-00-5488 135.0005 FEB 2023 OFFICE CLEANING 01-410-54-00-5488 65.0006 FEB 2023 OFFICE CLEANING 51-510-54-00-5488 65.0007 FEB 2023 OFFICE CLEANING 52-520-54-00-5488 65.00INVOICE TOTAL: 2,865.00 *11537 02/27/23 01 FEB 2023 ADDITIONAL CLEANING 01-110-54-00-5488 85.7502 FEB 2023 ADDITIONAL CLEANING 01-210-54-00-5488 85.7503 FEB 2023 ADDITIONAL CLEANING 79-795-54-00-5488 105.0004 FEB 2023 ADDITIONAL CLEANING 79-790-54-00-5488 97.5005 FEB 2023 ADDITIONAL CLEANING 01-410-54-00-5488 42.5006 FEB 2023 ADDITIONAL CLEANING 51-510-54-00-5488 42.5007 FEB 2023 ADDITIONAL CLEANING 52-520-54-00-5488 42.50INVOICE TOTAL: 501.50 *11595 03/24/23 01 MAR 2023 OFFICE CLEANING 01-110-54-00-5488 1,005.0002 MAR 2023 OFFICE CLEANING 01-210-54-00-5488 1,005.0003 MAR 2023 OFFICE CLEANING 79-795-54-00-5488 525.0004 MAR 2023 OFFICE CLEANING 79-790-54-00-5488 135.0005 MAR 2023 OFFICE CLEANING 01-410-54-00-5488 65.0006 MAR 2023 OFFICE CLEANING 52-520-54-00-5488 65.0007 MAR 2023 OFFICE CLEANING 51-510-54-00-5488 65.00INVOICE TOTAL: 2,865.00 *11596 03/24/23 01 MAR 2023 ADDITIONAL CLEANING 01-110-54-00-5488 85.7502 MAR 2023 ADDITIONAL CLEANING 01-210-54-00-5488 85.7503 MAR 2023 ADDITIONAL CLEANING 79-795-54-00-5488 105.0004 MAR 2023 ADDITIONAL CLEANING 79-790-54-00-5488 97.5005 MAR 2023 ADDITIONAL CLEANING 01-410-54-00-5488 42.5006 MAR 2023 ADDITIONAL CLEANING 51-510-54-00-5488 42.5007 MAR 2023 ADDITIONAL CLEANING 52-520-54-00-5488 42.50INVOICE TOTAL: 501.50 *CHECK TOTAL: 6,733.00)<Page 9 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538502 EEI ENGINEERING ENTERPRISES, INC.76855 04/26/23 01 NORTH CENTRAL EWST REHAB 01-640-54-00-5465 4,281.50INVOICE TOTAL: 4,281.50 *76909 04/26/23 01 BRISTOL RIDGE ROADWAY 23-230-60-00-6032 3,387.69INVOICE TOTAL: 3,387.69 *76917 04/26/23 01 NORTH RT47 IMPROVEMENTS 01-640-54-00-5465 1,006.50INVOICE TOTAL: 1,006.50 *76918 04/26/23 01 TRAFFIC CONTROL SIGNAGE & 01-640-54-00-5465 64.5002 MARKINGS ** COMMENT **INVOICE TOTAL: 64.50 *76919 04/26/23 01 UTILITY PERMIT REVIEWS 01-640-54-00-5465 2,762.50INVOICE TOTAL: 2,762.50 *76920 04/26/23 01 PRESTWICK 01-640-54-00-5465 1,277.00INVOICE TOTAL: 1,277.00 *76922 04/26/23 01 WELL #7 REHABILITATION 51-510-60-00-6022 1,230.00INVOICE TOTAL: 1,230.00 *76924 04/26/23 01 UNIFIED DEVELOPMENT ORDINANCE 01-640-54-00-5465 513.00INVOICE TOTAL: 513.00 *76926 04/26/23 01 GRANDE RESERVE-UNITS 15 & 22 01-640-54-00-5465 633.75INVOICE TOTAL: 633.75 *76927 04/26/23 01 FOX HILL ROADWAY IMPROVEMENTS 23-230-54-00-5465 2,659.50INVOICE TOTAL: 2,659.50 *CHECK TOTAL: 17,815.94538503 EEI ENGINEERING ENTERPRISES, INC.)<Page 10 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538503 EEI ENGINEERING ENTERPRISES, INC.76933 04/26/23 01 CORNEILS RD INTERCEPTOR SEWER 52-520-60-00-6092 48,842.48INVOICE TOTAL: 48,842.48 *CHECK TOTAL: 48,842.48538504 EEI ENGINEERING ENTERPRISES, INC.76934 04/26/23 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-5465 1,900.00INVOICE TOTAL: 1,900.00 *76935 04/26/23 01 LSL INVENTORY 01-640-54-00-5465 4,904.11INVOICE TOTAL: 4,904.11 *76938 04/26/23 01 2023 WATER MAIN REPLACEMENT 51-510-60-00-6025 8,424.56INVOICE TOTAL: 8,424.56 *76939 04/26/23 01 2022 SANITARY SEWER LINING 52-520-60-00-6025 404.00INVOICE TOTAL: 404.00 *CHECK TOTAL: 15,632.67538505 EEI ENGINEERING ENTERPRISES, INC.76940 04/26/23 01 KENNEDY RD & FREEDOM PLACE 23-230-60-00-6087 10,871.2902 INTERSECTION IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 10,871.29 *CHECK TOTAL: 10,871.29538506 EEI ENGINEERING ENTERPRISES, INC.76942 04/26/23 01 GENERAL LAKE MICHIGAN/DWC 01-640-54-00-5465 2,287.5002 COORDINATION ** COMMENT **INVOICE TOTAL: 2,287.50 *)<Page 11 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538506 EEI ENGINEERING ENTERPRISES, INC.76944 04/26/23 01 GRANDE RESERVE-UNIT 4 01-640-54-00-5465 231.00INVOICE TOTAL: 231.00 *76945 04/26/23 01 GRANDE RESERVE-UNIT6 01-640-54-00-5465 154.00INVOICE TOTAL: 154.00 *76946 04/26/23 01 LAKE MICHIGAN 51-510-60-00-6011 3,079.1602 CONNECTION-PRELIMINARY ** COMMENT **03 ENGINEERING ** COMMENT **INVOICE TOTAL: 3,079.16 *76947 04/26/23 01 WILLIAMS GROUP-PLAT OF 01-640-54-00-5465 216.0002 EASEMENT ** COMMENT **INVOICE TOTAL: 216.00 *76948 04/26/23 01 BASELINE ROAD IMPROVEMENTS 23-230-60-00-6071 346.98INVOICE TOTAL: 346.98 *76949 04/26/23 01 2023 ROAD PROGRAM 01-640-54-00-5465 853.68INVOICE TOTAL: 853.68 *76950 04/26/23 01 YORKVILLE SOURCE WATER 01-640-54-00-5465 2,926.8202 PROTECTION PLAN ** COMMENT **INVOICE TOTAL: 2,926.82 *76951 04/26/23 01 FY 2024 BUDGET 01-640-54-00-5465 2,167.50INVOICE TOTAL: 2,167.50 *76952 04/26/23 01 GAWNE LANE IMPROVEMENTS 01-640-54-00-5465 851.75INVOICE TOTAL: 851.75 *76954 04/26/23 01 2023 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 34,241.73INVOICE TOTAL: 34,241.73 *76955 04/26/23 01 CITY OF YORKVILLE 01-640-54-00-5465 3,215.00INVOICE TOTAL: 3,215.00 *)<Page 12 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538506 EEI ENGINEERING ENTERPRISES, INC.76956 04/26/23 01 YORKVILLE HIGH SCHOOL STADIUM 01-640-54-00-5465 183.0002 PROJECT ** COMMENT **INVOICE TOTAL: 183.00 *CHECK TOTAL: 50,754.12538507 ELEVATOR ELEVATOR INSPECTION SERVICE114220 03/06/23 01 ELEVATOR INSPECTION AT 102 E 24-216-54-00-5446 75.0002 VAN EMMON ** COMMENT **INVOICE TOTAL: 75.00 *114263 02/21/23 01 ELEVATOR INSPECTION AT 651 24-216-54-00-5446 75.0002 PRAIRIE POINTE ** COMMENT **INVOICE TOTAL: 75.00 *114273 02/23/23 01 ELEVATOR INSPECTION AT 800 24-216-54-00-5446 75.0002 GAME FARM RD ** COMMENT **INVOICE TOTAL: 75.00 *CHECK TOTAL: 225.00538508 EVINST W. THOMAS EVINS040623 04/06/23 01 REFEREE 79-795-54-00-5462 105.00INVOICE TOTAL: 105.00 *CHECK TOTAL: 105.00538509 FIRSTNET AT&T MOBILITY287313454005X0503202 04/25/23 01 3/26-4/25 MOBILE DEVICES 01-220-54-00-5440 42.1102 3/26-4/25 MOBILE DEVICES 01-110-54-00-5440 168.4403 3/26-4/25 MOBILE DEVICES 01-210-54-00-5440 919.70INVOICE TOTAL: 1,130.25 *)<Page 13 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538509 FIRSTNET AT&T MOBILITY287313454207X0503202 04/25/23 01 03/26-04/25 MOBILE DEVICES 01-220-54-00-5440 234.4202 03/26-04/25 MOBILE DEVICES 79-790-54-00-5440 36.2403 03/26-04/25 MOBILE DEVICES 79-795-54-00-5440 156.7004 03/26-04/25 MOBILE DEVICES 51-510-54-00-5440 235.0505 03/26-04/25 MOBILE DEVICES 52-520-54-00-5440 72.48INVOICE TOTAL: 734.89 *CHECK TOTAL: 1,865.14538510 FIRSTRSP FIRST RESPONDERS WELLNESS15014 04/27/23 01 FRST RESPONDER WELLNESS CHECKS 01-210-54-00-5462 2,100.00INVOICE TOTAL: 2,100.00 *CHECK TOTAL: 2,100.00538511 FISCHER FISCHER EXCAVATING, INC210030-2 05/08/23 01 ENGINEERS PAYMENT ESTIMATE 2 52-520-60-00-6092 1,636,447.5902 CORNEILS ROAD INTERCEPTOR ** COMMENT **03 SEWER ** COMMENT **INVOICE TOTAL: 1,636,447.59 *CHECK TOTAL: 1,636,447.59538512 FOXVALLE FOX VALLEY TROPHY & AWARDS37169 04/26/23 01 2023 BASKETBALL MEDALS 79-795-56-00-5606 325.00INVOICE TOTAL: 325.00 *37170 04/26/23 01 SOCCER MEDALS 79-795-56-00-5606 1,525.00INVOICE TOTAL: 1,525.00 *37171 04/26/23 01 2023 BASEBALL MEDALS & 79-795-56-00-5606 1,054.20)<Page 14 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538512 FOXVALLE FOX VALLEY TROPHY & AWARDS37171 04/26/23 02 TROPHIES ** COMMENT **INVOICE TOTAL: 1,054.20 *CHECK TOTAL: 2,904.20538513 FULTON J & D INGENUITIES, LLC2424 04/21/23 01 SMALL SIREN MAINTENANCE CHECKS 25-205-54-00-5495 8,650.06INVOICE TOTAL: 8,650.06 *CHECK TOTAL: 8,650.06538514 GARDKOCH GARDINER KOCH & WEISBERGH-2364C-14244 05/10/23 01 KIMBALL HILL I MATTERS 01-640-54-00-5461 1,174.57INVOICE TOTAL: 1,174.57 *H-3181C-14245 05/10/23 01 GENERAL CITY MATTERS 01-640-54-00-5461 198.00INVOICE TOTAL: 198.00 *CHECK TOTAL: 1,372.57538515 GROOT GROOT INC10635548B102 05/01/23 01 APR 2023 REFUSE SERVICE 01-540-54-00-5442 132,333.0102 APR 2023 SENIOR REFUSE SERVICE 01-540-54-00-5441 3,643.69INVOICE TOTAL: 135,976.70 *CHECK TOTAL: 135,976.70538516 HARTROB ROBBIE HART2023 TUITION 05/08/23 01 SPRING 2023 SEMESTER TUITION 01-210-54-00-5410 1,206.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 1,206.00 *CHECK TOTAL: 1,206.00)<Page 15 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538517 HOUSEAL HOUSEAL LAVIGNE ASSOCIATES6267 04/30/23 01 MAR 2023 CONSULTING SERVICES 01-220-54-00-5462 962.50INVOICE TOTAL: 962.50 *CHECK TOTAL: 962.50538518 HRENR ROBERT HREN04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 25.00INVOICE TOTAL: 25.00 *CHECK TOTAL: 25.00538519 IMPACT IMPACT NETWORKING, LLC2907300 03/20/23 01 COPIER REPAIR 01-210-54-00-5495 551.91INVOICE TOTAL: 551.91 *2926866 04/10/23 01 01/15-04/14 COPY CHARGES 82-820-54-00-5462 459.10INVOICE TOTAL: 459.10 *CHECK TOTAL: 1,011.01538520 IMPERIAL IMPERIAL SERVICE SYSTEMS, INC160977 04/08/23 01 APR 2023 PRESCHOOL CLEANING 79-795-54-00-5488 1,192.00INVOICE TOTAL: 1,192.00 *161207 04/21/23 01 APR 2023 CLEANING SERVICES AT 24-216-54-00-5446 2,766.5002 651 PRAIRIE POINTE DR ** COMMENT **INVOICE TOTAL: 2,766.50 *CHECK TOTAL: 3,958.50538521 INGEMUNS INGEMUNSON LAW OFFICES LTD)<Page 16 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538521 INGEMUNS INGEMUNSON LAW OFFICES LTD11175 04/03/23 01 MAR 2023 ADMIN HEARINGS 01-210-54-00-5467 300.00INVOICE TOTAL: 300.00 *11260 05/01/23 01 APR 2023 ADMIN HEARINGS 01-210-54-00-5467 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 600.00538522 INTERDEV INTERDEV, LLCCW1038761 05/01/23 01 GOTO CONNECT PHONE SYSTEM 01-640-54-00-5450 17,167.4402 INSTALLATION AND SERVICES ** COMMENT **INVOICE TOTAL: 17,167.44 *MSP1038734 04/30/23 01 MONTHLY IT BILLING - APR 2023 01-640-54-00-5450 8,302.91INVOICE TOTAL: 8,302.91 *CHECK TOTAL: 25,470.35538523 IRVINGS STEPHEN IRVING042723 04/27/23 01 UMPIRE 79-795-54-00-5462 120.00INVOICE TOTAL: 120.00 *CHECK TOTAL: 120.00538524 JENKINSL LANDON JENKINS04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 25.00INVOICE TOTAL: 25.00 *CHECK TOTAL: 25.00538525 KANTORG GARY KANTOR)<Page 17 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538525 KANTORG GARY KANTOR042723 04/27/23 01 04/27/23 MAGIC CLASS 79-795-54-00-5462 49.50INVOICE TOTAL: 49.50 *CHECK TOTAL: 49.50538526 KCPROB KENDALL COUNTY COURT SERVICES033023-DIVERSION 03/30/23 01 12/01/21-11/30/22 DIVERSION 01-210-54-00-5472 5,172.9202 SPECIALIST ** COMMENT **INVOICE TOTAL: 5,172.92 *CHECK TOTAL: 5,172.92538527 KENCOM KENCOM PUBLIC SAFETY DISPATCH533 04/17/23 01 BRAZO"S FEE INCREASE 01-640-54-00-5449 129.77INVOICE TOTAL: 129.77 *CHECK TOTAL: 129.77538528 KENDCPA KENDALL COUNTY CHIEFS OF1004 05/01/23 01 APR 2023 MONTHLY MEETING 01-210-54-00-5415 102.00INVOICE TOTAL: 102.00 *CHECK TOTAL: 102.00538529 LATHENA ALIVIA LATHEN04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 50.00INVOICE TOTAL: 50.00 *CHECK TOTAL: 50.00538530 LAYNE LAYNE CHRISTENSEN COMPANY)<Page 18 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538530 LAYNE LAYNE CHRISTENSEN COMPANY2439457 04/25/23 01 ENGINEERS PAYMENT ESTIMATE #1 51-510-60-00-6022 51,548.4002 FOR WELL #7 REHAB ** COMMENT **INVOICE TOTAL: 51,548.40 *CHECK TOTAL: 51,548.40538531 LIPSCOJA JACOB LIPSCOMB04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 130.00INVOICE TOTAL: 130.00 *CHECK TOTAL: 130.00538532 LOBDELLT TYLER LOBDELL042123 04/21/23 01 CIT TRAINING MEAL PER DIEMS 01-210-54-00-5415 64.00INVOICE TOTAL: 64.00 *CHECK TOTAL: 64.00538533 MACRELOC MAC RELOCATIONSSO52795-F 03/22/23 01 LABOR CHARGES FOR RELOCATION 24-216-54-00-5446 9,995.0002 OF REQUESTED INVENTORY ** COMMENT **INVOICE TOTAL: 9,995.00 *CHECK TOTAL: 9,995.00538534 MALKOWSO OLIVER MALKOWSKI04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.00)<Page 19 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538535 MARTINEB BEN MARTINEK04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 90.00INVOICE TOTAL: 90.00 *CHECK TOTAL: 90.00538536 MIDWASH NATIONAL WASH AUTHORITY23343 04/19/23 01 WINDOW WASHING AT 651 PRAIRIE 24-216-54-00-5446 1,485.0002 POINT DR ** COMMENT **INVOICE TOTAL: 1,485.00 *CHECK TOTAL: 1,485.00538537 MIKOLASR RAY MIKOLASEK032923-ILEAS 03/29/23 01 ILEAS CONFERENCE MEAL PER 01-210-54-00-5415 80.0002 DIEMS ** COMMENT **INVOICE TOTAL: 80.00 *CHECK TOTAL: 80.00538538 MODJESKM MICHAEL COLE MODJESKI04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00538539 MULDERCH CHRISTIAN MULDER04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 105.00INVOICE TOTAL: 105.00 *CHECK TOTAL: 105.00)<Page 20 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538540 NAPERVIL CITY OF NAPERVILLE13727 04/12/23 01 CIT TRAINING 01-210-54-00-5412 1,000.00INVOICE TOTAL: 1,000.00 *CHECK TOTAL: 1,000.00538541 NEMRT NORTH EAST MULTI-REGIONAL321796 03/16/23 01 CRIMINAL RELATED INTERVIEW 01-210-54-00-5412 200.0002 TRAINING FOR 2 PEOPLE ** COMMENT **INVOICE TOTAL: 200.00 *323738 04/13/23 01 CLOSE QUARTER HANDGUN SKILLS 01-210-54-00-5412 300.0002 TRAINING FOR 1 STAFF ** COMMENT **INVOICE TOTAL: 300.00 *CHECK TOTAL: 500.00538542 NICOR NICOR GAS00-41-22-8748 4-0423 05/03/23 01 04/03-05/03 1107 PRAIRIE LN 01-110-54-00-5480 54.94INVOICE TOTAL: 54.94 *15-64-61-3532 5-0423 05/03/23 01 04/03-05/03 1991 CANNONBALL TR 01-110-54-00-5480 54.46INVOICE TOTAL: 54.46 *20-52-56-2042 1-0423 05/03/23 01 03/30-05/02 420 FAIRHAVEN 01-110-54-00-5480 164.69INVOICE TOTAL: 164.69 *CHECK TOTAL: 274.09538543 NICOR NICOR GAS91-85-68-4012 8-0323 04/06/23 01 03/03-04/03 902 GAME FARM RD 82-820-54-00-5480 1,684.21INVOICE TOTAL: 1,684.21 *CHECK TOTAL: 1,684.21)<Page 21 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538544 NUTOYS NUTOYS LEISURE PRODUCTS041923 04/19/23 01 CHAINS 79-790-56-00-5640 324.60INVOICE TOTAL: 324.60 *CHECK TOTAL: 324.60D002956 ORRK KATHLEEN FIELD ORR & ASSOC.17180 05/05/23 01 MISC ADMIN LEGAL MATTERS 01-640-54-00-5456 4,444.0002 COUNTRYSIDE TIF MATTERS 87-870-54-00-5462 132.0003 MEETINGS 01-640-54-00-5456 800.0004 COUNTRYSIDE PARK MATTERS 79-790-54-00-5466 55.00INVOICE TOTAL: 5,431.00 *DIRECT DEPOSIT TOTAL: 5,431.00538545 PARADISE PARADISE CAR WASH224681 03/03/23 01 FEB 2023 CAR WASHES 01-210-54-00-5495 10.00INVOICE TOTAL: 10.00 *CHECK TOTAL: 10.00538546 PATTONS SHANE PATTON04/25-04/30 04/25/23 01 UMPIRE 79-795-54-00-5462 130.00INVOICE TOTAL: 130.00 *CHECK TOTAL: 130.00538547 PFPETT P.F. PETTIBONE & CO.183691 04/03/23 01 1 DIGITAL PHOTO ID 01-210-54-00-5462 82.90INVOICE TOTAL: 82.90 *CHECK TOTAL: 82.90)<Page 22 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538548 PHOENIX PHOENIX INDUSTRIAL CLEANING28136 04/14/23 01 CLEAN KITCHEN EXHAUST 24-216-54-00-5446 710.00INVOICE TOTAL: 710.00 *CHECK TOTAL: 710.00538549 PITSTOP PIT STOPPS528155 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 210.0002 AT TOWN SQUARE PARK ** COMMENT **INVOICE TOTAL: 210.00 *PS528156 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 302.0002 AT RIVERFRONT PARK ** COMMENT **INVOICE TOTAL: 302.00 *PS528157 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT VAN EMMON PARK ** COMMENT **INVOICE TOTAL: 92.00 *PS528158 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT FOX HILL PARK WEST ** COMMENT **INVOICE TOTAL: 92.00 *PS528159 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT FOX HILL EAST ** COMMENT **INVOICE TOTAL: 92.00 *PS528160 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 302.0002 AT BEECHER COMMUNITY PARK ** COMMENT **INVOICE TOTAL: 302.00 *PS528161 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT BRISTOL BAY ELEMENTARY ** COMMENT **INVOICE TOTAL: 92.00 *)<Page 23 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538549 PITSTOP PIT STOPPS528162 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 184.0002 AT STEVEN BRIDGE PARK ** COMMENT **INVOICE TOTAL: 184.00 *PS528163 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT RAINTREE PARK A ** COMMENT **INVOICE TOTAL: 92.00 *PS528164 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT CANNONBALL RIDGE PARK ** COMMENT **INVOICE TOTAL: 92.00 *PS528165 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT GREEN PARK ** COMMENT **INVOICE TOTAL: 92.00 *PS528166 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT BRISTOL STATION PARK ** COMMENT **INVOICE TOTAL: 92.00 *PS528167 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 184.0002 AT REIMENSCHNEIDER PARK ** COMMENT **INVOICE TOTAL: 184.00 *PS528168 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 671.0002 AT SOCCER EQUIPMENT SHED ** COMMENT **INVOICE TOTAL: 671.00 *PS528170 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT STEPPING STONES PARK ** COMMENT **INVOICE TOTAL: 92.00 *PS528171 05/04/23 01 04/07-05/01 PORTOLET UPKEEP 79-795-56-00-5620 92.0002 AT HIDING SPOT PARK ** COMMENT **INVOICE TOTAL: 92.00 *CHECK TOTAL: 2,773.00)<Page 24 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538550 R0002576 MICHAEL MOENKEMIER2022 HTD 04/30/23 01 2022 HTD STAFF MEALS 79-795-56-00-5602 25.00INVOICE TOTAL: 25.00 *CHECK TOTAL: 25.00538551 REINDERS REINDERS, INC.6030825-00 04/26/23 01 CASTER TIRE 79-790-56-00-5640 184.15INVOICE TOTAL: 184.15 *CHECK TOTAL: 184.15538552 RIETZR ROBERT L. RIETZ JR.042723 04/27/23 01 UMPIRE 79-795-54-00-5462 160.00INVOICE TOTAL: 160.00 *CHECK TOTAL: 160.00538553 ROMANI ISRAEL ROMAN050623 05/06/23 01 REFEREE 79-795-54-00-5462 175.00INVOICE TOTAL: 175.00 *CHECK TOTAL: 175.00538554 SCIENTEL SCIENTEL SOLUTIONS LLC007094 04/25/23 01 20% ON INSTALLATION COMPLETION 24-216-60-00-6030 39,992.6402 BILLING MILESTONE ** COMMENT **INVOICE TOTAL: 39,992.64 *CHECK TOTAL: 39,992.64538555 SEBIS SEBIS DIRECT)<Page 25 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538555 SEBIS SEBIS DIRECT60640 05/02/23 01 04/30/23 UTILITY BILLING 01-120-54-00-5430 475.5802 04/30/23 UTILITY BILLING 51-510-54-00-5430 637.1403 04/30/23 UTILITY BILLING 52-520-54-00-5430 297.2104 04/30/23 UTILITY BILLING 79-795-54-00-5426 512.47INVOICE TOTAL: 1,922.40 *CHECK TOTAL: 1,922.40538556 SERRAM MARTIN SERRA042923 04/29/23 01 REFEREE 79-795-54-00-5462 175.00INVOICE TOTAL: 175.00 *CHECK TOTAL: 175.00538557 SHI SHI INTERNATIONAL CORPB16750202 04/20/23 01 TRIPOD 01-640-54-00-5450 398.00INVOICE TOTAL: 398.00 *CHECK TOTAL: 398.00538558 SIMPLEX JOHNSON CONTROLS89555947 02/15/23 01 TROUBLESHOOT SERVICE CALL FOR 24-216-54-00-5446 1,109.9202 OPEN CIRCUIT IN PD ** COMMENT **INVOICE TOTAL: 1,109.92 *CHECK TOTAL: 1,109.92538559 SPRTFLD SPORTSFIELDS, INC.23252 04/27/23 01 BULK DURAPLAY 79-790-56-00-5646 6,496.00INVOICE TOTAL: 6,496.00 *CHECK TOTAL: 6,496.00)<Page 26 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538560 SUBURLAB SUBURBAN LABORATORIES INC.213748 04/28/23 01 ROUTINE SAMPLING 51-510-54-00-5429 740.20INVOICE TOTAL: 740.20 *CHECK TOTAL: 740.20538561 TRAFFIC TRAFFIC CONTROL CORPORATION143061 04/25/23 01 LED FLOOD LAMP, BEACON 01-410-54-00-5435 384.00INVOICE TOTAL: 384.00 *CHECK TOTAL: 384.00538562 TRCONTPR TRAFFIC CONTROL & PROTECTION114596 04/21/23 01 AUTHORIZED PERSONNEL SIGN 24-216-60-00-6030 170.75INVOICE TOTAL: 170.75 *114597 04/21/23 01 CITY HALL SIGNS 24-216-60-00-6030 393.30INVOICE TOTAL: 393.30 *CHECK TOTAL: 564.05538563 TRICO TRICO MECHANICAL , INC7400 04/18/23 01 FIXED DISCONNECT FOR CHILLER 24-216-54-00-5446 566.00INVOICE TOTAL: 566.00 *CHECK TOTAL: 566.00538564 VOITIKM MICHAEL VOITIK042723 04/27/23 01 UMPIRE 79-795-54-00-5462 120.00INVOICE TOTAL: 120.00 *CHECK TOTAL: 120.00)<Page 27 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538565 WALDEB BRYAN WALDE042723 04/27/23 01 REFEREE 79-795-54-00-5462 70.00INVOICE TOTAL: 70.00 *042923 04/29/23 01 REFEREE 79-795-54-00-5462 105.00INVOICE TOTAL: 105.00 *CHECK TOTAL: 175.00538566 WALDENS WALDEN'S LOCK SERVICE22995 02/21/23 01 KEYS 24-216-54-00-5446 47.13INVOICE TOTAL: 47.13 *23023 03/09/23 01 KEYS 24-216-54-00-5446 104.00INVOICE TOTAL: 104.00 *23117 04/20/23 01 KEYS 24-216-54-00-5446 136.68INVOICE TOTAL: 136.68 *23118 04/20/23 01 KEYS 24-216-54-00-5446 23.97INVOICE TOTAL: 23.97 *CHECK TOTAL: 311.78538567 WATERSYS WATER SOLUTIONS UNLIMITED, INC112245 04/25/23 01 CHLORINE 51-510-56-00-5638 1,247.50INVOICE TOTAL: 1,247.50 *CHECK TOTAL: 1,247.50538568 WTRPRD WATER PRODUCTS, INC.0315600 04/24/23 01 PIPE LUBE, SLEEVES, SOCKET 51-510-56-00-5640 1,950.15INVOICE TOTAL: 1,950.15 *CHECK TOTAL: 1,950.15)<Page 28 of 45 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPALBUILDING23-230 CITY-WIDE CAPITAL24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL25-225 PARK & REC CAPITAL42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 05/22/23TIME: 15:39:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538569 YORKED YORKVILLE CUSD 115PD2023-1 05/03/23 01 COST TO RENOVATE YORKVILLE 79-795-54-00-5495 40,518.4002 SCHOOL DISTRICT SPORTS ** COMMENT **03 BUILDING ** COMMENT **INVOICE TOTAL: 40,518.40 *CHECK TOTAL: 40,518.402,258,629.705,431.00TOTAL CHECKS PAID:TOTAL ',5(&7DEPOSITS PAID:TOTAL AMOUNT PAID:2,264,060.70)<Page 29 of 452,264,060.70 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPALBUILDING23-230 CITY-WIDE CAPITAL24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL25-225 PARK & REC CAPITAL42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 05/02/23 UNITED CITY OF YORKVILLETIME: 07:53:31 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 05/02/23CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538471 RIVRVIEW RIVERVIEW FORD, INC.23460RL 05/02/23 01 NEW FORD F150 TRUCK 25-225-60-00-607038,995.26INVOICE TOTAL: 38,995.26 *CHECK TOTAL: 38,995.26TOTAL AMOUNT PAID: 38,995.26)<Page 30 of 4538,995.26 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPALBUILDING23-230 CITY-WIDE CAPITAL24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL25-225 PARK & REC CAPITAL42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 05/22/23 UNITED CITY OF YORKVILLE PAGE: 1TIME: 08:15:18 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 05/22/23CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538473 EUCLIDBE EUCLID BEVERAGEW-3105460 05/22/23 01 MARGARITAS EN MAYO ALCOHOL79-795-56-00-5606 1,470.80INVOICE TOTAL: 1,470.80 *CHECK TOTAL: 1,470.80538474 EUCLIDBE EUCLID BEVERAGEW-3105476 05/22/23 01 BEACH PARTY LIQUOR ORDER 79-795-56-00-5606 3,041.00INVOICE TOTAL: 3,041.00 *CHECK TOTAL: 3,041.00538475 HEARTBEV HEARTLAND BEVERAGE LLC173982 05/22/23 01 SPECIAL EVENT BEVERAGE ORDER 79-795-56-00-5606 590.00INVOICE TOTAL: 590.00 *CHECK TOTAL: 590.00538476 WHISACRE WHISKEY ACRES DISTILLING CO.001108 05/16/23 01 SPECIAL EVENT LIQUOR ORDER79-795-56-00-5606 1,584.00INVOICE TOTAL: 1,584.00 *CHECK TOTAL: 1,584.00TOTAL AMOUNT PAID: 6,685.80Page 31 of 456,685.80 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL25-225 PARK & REC CAPITAL42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 05/22/23 UNITED CITY OF YORKVILLETIME: 14:41:45 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 05/24/23CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538477 DOUBLED DOUBLE D BOOKING2023 MARGARITAS 05/22/23 01 MARGARITAS EN MAYO BAND 79-795-56-00-5606 2,250.0002 PAYMENT ** COMMENT **INVOICE TOTAL: 2,250.00 *CHECK TOTAL: 2,250.00538478 YORKPRPC YORKVILLE PARK & RECMARG&BEACH 05/09/23 01 MARGARITAS EN MAYO & BEACH 79-795-56-00-5606 5,000.0002 PART START UP MONEY ** COMMENT **INVOICE TOTAL: 5,000.00 *CHECK TOTAL: 5,000.00TOTAL AMOUNT PAID: 7,250.00&zϮϰPage 32 of 457,250.00 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538571 AFFOTENT AFFORDABLE PARTY TENT RENTALS14968677 05/05/23 01 RIBBON CUTTING TENT RENTAL 24-216-54-00-5446 5,122.05INVOICE TOTAL: 5,122.05 *CHECK TOTAL: 5,122.05538572 AMEHOIST AMERICAN HOIST & MANLIFT, INC26140B 04/11/23 01 MAY-JUN 2023 ELEVATOR 24-216-54-00-5446 320.0002 MAINTENANCE AT 651 PRAIRIE ** COMMENT **03 POINTE DR ** COMMENT **INVOICE TOTAL: 320.00 *26141B 04/11/23 01 MAY-JUN 2023 ELEVATOR 24-216-54-00-5446 320.0002 MAINTENANCE AT 102 E VAN EMMON ** COMMENT **INVOICE TOTAL: 320.00 *CHECK TOTAL: 640.00D002957 ANTPLACE ANTHONY PLACE YORKVILLE LPJUN 2023 05/01/23 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427 946.0002 ASSISTANCE PROGRAM RENT ** COMMENT **03 REIMBURSEMENT FOR THE MONTH OF ** COMMENT **04 JUNE 2023 ** COMMENT **INVOICE TOTAL: 946.00 *DIRECT DEPOSIT TOTAL: 946.00538573 CONFORTM MASON CONFORTI05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 210.00INVOICE TOTAL: 210.00 *CHECK TOTAL: 210.00)<Page 33 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538574 EEI ENGINEERING ENTERPRISES, INC.76921 04/26/23 01 HEARTLAND MEADOWS 90-064-64-00-0111 619.50INVOICE TOTAL: 619.50 *76923 04/26/23 01 WINDETT RIDGE UNIT 2 90-048-48-00-0111 1,348.75INVOICE TOTAL: 1,348.75 *76925 04/26/23 01 GAS-N-WASH 90-144-00-00-0111 168.50INVOICE TOTAL: 168.50 *76928 04/26/23 01 KENDALL MARKETPLACE-PHASE 90-154-00-00-0111 154.0002 2 & 3 RESUB ** COMMENT **INVOICE TOTAL: 154.00 *76929 04/26/23 01 BRIGHT FARMS 90-173-00-00-0111 1,001.00INVOICE TOTAL: 1,001.00 *76930 04/26/23 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-0111 1,961.00INVOICE TOTAL: 1,961.00 *76931 04/26/23 01 WESTBURY VILLAGE-RYAN HOMES 90-178-00-00-0111 571.50INVOICE TOTAL: 571.50 *76932 04/26/23 01 LOT 8 YORKVILLE BUSINESS 90-176-00-00-0111 377.0002 CENTER ** COMMENT **INVOICE TOTAL: 377.00 *76936 04/26/23 01 BRISTOL BAY UNIT 13 90-179-00-00-0111 1,458.75INVOICE TOTAL: 1,458.75 *76937 04/26/23 01 GREEN DOOR LINCOLN PRAIRIE 90-191-00-00-0111 5,231.50INVOICE TOTAL: 5,231.50 *76941 04/26/23 01 CALEDONIA UNIT 3 90-188-00-00-0111 205.50INVOICE TOTAL: 205.50 *)<Page 34 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538574 EEI ENGINEERING ENTERPRISES, INC.76943 04/26/23 01 BRISTOL BAY UNIT 10 90-186-00-00-0111 16,136.00INVOICE TOTAL: 16,136.00 *76953 04/26/23 01 BOWMAN SUBDIVISION 90-194-00-00-0111 702.00INVOICE TOTAL: 702.00 *76957 04/26/23 01 BRISTOL RIDGE SOLAR 105 90-201-00-00-0111 428.50INVOICE TOTAL: 428.50 *76958 04/26/23 01 BRISTOL RIDGE SOLAR 106 90-201-00-00-0111 245.50INVOICE TOTAL: 245.50 *76959 04/26/23 01 SCOOTERS COFFEE 90-204-00-00-0111 1,359.00INVOICE TOTAL: 1,359.00 *CHECK TOTAL: 31,968.00538575 FONSECAR RAIUMUNDO FONSECA050723 05/07/23 01 REFEREE 79-795-54-00-5462 105.00INVOICE TOTAL: 105.00 *CHECK TOTAL: 105.00538576 GAMBROA ABIGAIL GAMBRO05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 160.00INVOICE TOTAL: 160.00 *CHECK TOTAL: 160.00538577 GOTO GOTO COMMUNICATIONS INCIN7101949140 05/01/23 01 MAY 2023 PHONE SERVICES 01-110-54-00-5440 162.38)<Page 35 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538577 GOTO GOTO COMMUNICATIONS INCIN7101949140 05/01/23 02 MAY 2023 PHONE SERVICES 01-220-54-00-5440 162.3803 MAY 2023 PHONE SERVICES 01-120-54-00-5440 81.1904 MAY 2023 PHONE SERVICES 79-795-54-00-5440 162.3805 MAY 2023 PHONE SERVICES 01-210-54-00-5440 811.94INVOICE TOTAL: 1,380.27 *CHECK TOTAL: 1,380.27538578 HRENR ROBERT HREN05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 60.00INVOICE TOTAL: 60.00 *CHECK TOTAL: 60.00538579 HUMBERSC CARTER HUMBERS05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 165.00INVOICE TOTAL: 165.00 *CHECK TOTAL: 165.00538580 IPRF ILLINOIS PUBLIC RISK FUND83495 04/12/23 01 JUN 2023 WORK COMP INS 01-640-52-00-5231 12,689.9202 JUN 2023 WORK COMP INS-PR 01-640-52-00-5231 2,581.4503 JUN 2023 WORK COMP INS 51-510-52-00-5231 1,203.3704 JUN 2023 WORK COMP INS 52-520-52-00-5231 543.5705 JUN 2023 WORK COMP INS 82-820-52-00-5231 1,025.69INVOICE TOTAL: 18,044.00 *CHECK TOTAL: 18,044.00538581 JENKINSL LANDON JENKINS)<Page 36 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538581 JENKINSL LANDON JENKINS05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.00538582 KCSHERIF KENDALL CO. SHERIFF'S OFFICEKENDALL-MAR 2023 04/27/23 01 KENDALL COUNTY FTA BOND FEE 01-000-24-00-2412 70.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 70.00 *RANG-YOR-23 11/10/22 01 2023 RANGE USER FEE 01-210-54-00-5460 500.00INVOICE TOTAL: 500.00 *WINNEBAGO-APR 2023 05/19/23 01 WINNEBAGO COUNTY FTA BOND 01-000-24-00-2412 70.0002 FEE REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 70.00 *CHECK TOTAL: 640.00538583 KENDEDC KENDALL COUNTY COLLECTOR2022 PAYABLE 2023 05/05/23 01 ROB ROY DRAINAGE 2022 TAX 01-640-54-00-5462 522.9202 INSTALLMENT ** COMMENT **INVOICE TOTAL: 522.92 *CHECK TOTAL: 522.92538584 KENDEDC KENDALL COUNTY COLLECTOR2022013002 05/05/23 01 LT 4 YORKVILLE BUSINESS 24-000-24-00-2410 12,019.9602 CENTER SUB CITY OF YORKVILLE ** COMMENT **03 2022 TAX INSTALLMENT ** COMMENT **04 LT 4 YORKVILLE BUSINESS 01-640-54-00-5462 730.46)<Page 37 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538584 KENDEDC KENDALL COUNTY COLLECTOR2022013002 05/05/23 05 CENTER SUB CITY OF YORKVILLE ** COMMENT **06 2022 TAX INSTALLMENT ** COMMENT **INVOICE TOTAL: 12,750.42 *CHECK TOTAL: 12,750.42538585 LIPSCOJA JACOB LIPSCOMB05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 65.00INVOICE TOTAL: 65.00 *CHECK TOTAL: 65.00538586 MALKOWSO OLIVER MALKOWSKI05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 25.00INVOICE TOTAL: 25.00 *CHECK TOTAL: 25.00538587 MARKER MARKER INCHRTLND ESCROW REFUND 05/09/23 01 REFUND REMAINING ENG ESCROW 90-202-00-00-0111 2,060.0002 DEPOSIT ** COMMENT **INVOICE TOTAL: 2,060.00 *CHECK TOTAL: 2,060.00538588 MARTINEB BEN MARTINEK05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.00)<Page 38 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538589 METROWES METRO WEST COG5045 04/27/23 01 MEMBERSHIP DUES RENEWAL 01-110-54-00-5460 10,766.50INVOICE TOTAL: 10,766.50 *5058 05/01/23 01 LEGISLATIVE DRIVE DOWN EARLY 01-110-54-00-5412 475.0002 REGISTRATION FOR MAYOR AND ** COMMENT **03 2 ALDERMEN ** COMMENT **INVOICE TOTAL: 475.00 *CHECK TOTAL: 11,241.50538590 MODJESKM MICHAEL COLE MODJESKI05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 100.00INVOICE TOTAL: 100.00 *CHECK TOTAL: 100.00538591 MULDERC COLLIN MULDER05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00538592 MULDERCH CHRISTIAN MULDER05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 45.00INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00538593 NEMRT NORTH EAST MULTI-REGIONAL322591 03/28/23 01 7/1/23-6/30/24 DUES RENEWAL 01-210-54-00-5460 3,040.00INVOICE TOTAL: 3,040.00 *CHECK TOTAL: 3,040.00)<Page 39 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538594 NEOPOST QUADIENT FINANCE USA, INC051023-CITY 05/10/23 01 POSTAGE MACHINE REFILL 01-000-14-00-1410 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00538595 NYDEGGEA AYDEN NYDEGGER05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 105.00INVOICE TOTAL: 105.00 *CHECK TOTAL: 105.00D002958 ORRK KATHLEEN FIELD ORR & ASSOC.17180B 05/02/23 01 BRIDGT FARMS MATTERS 90-173-00-00-0011 88.0002 CALEDONIA MATTERS 90-188-00-00-0111 55.0003 GREEN DOOR DEVELOPMENT MATTERS 90-191-00-00-0011 275.0004 GREEN ORGANICS MATTERS 90-061-61-00-0011 770.0005 WESTBURY MATTERS 90-178-00-00-0111 99.00INVOICE TOTAL: 1,287.00 *DIRECT DEPOSIT TOTAL: 1,287.00538596 PATTONS SHANE PATTON05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 65.00INVOICE TOTAL: 65.00 *CHECK TOTAL: 65.00538597 PEPSI PEPSI-COLA GENERAL BOTTLE47108704 05/01/23 01 BEVERAGES 79-795-56-00-5607 342.81INVOICE TOTAL: 342.81 *)<Page 40 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538597 PEPSI PEPSI-COLA GENERAL BOTTLE49165406 05/01/23 01 BEVERAGES 79-795-56-00-5607 342.81INVOICE TOTAL: 342.81 *CHECK TOTAL: 685.62538598 PRINTSRC LAMBERT PRINT SOURCE, LLC3338 05/01/23 01 SOCCER SPONSOR BANNERS 79-795-56-00-5606 144.00INVOICE TOTAL: 144.00 *4367 05/01/23 01 BASEBALL UMPIRE SHIRTS 79-795-56-00-5606 276.25INVOICE TOTAL: 276.25 *CHECK TOTAL: 420.25538599 R0002577 FOX RIVER VALLEY COLT BASEBALL050223 05/02/23 01 HS BASEBALL LEAGUE 79-795-54-00-5462 75.0002 COORDINATING ** COMMENT **INVOICE TOTAL: 75.00 *CHECK TOTAL: 75.00538600 RIETZR ROBERT L. RIETZ JR.050423 05/04/23 01 UMPIRE 79-795-54-00-5462 160.00INVOICE TOTAL: 160.00 *CHECK TOTAL: 160.00538601 RUSSPOWE RUSSO HARDWARE INC.SPI20203004 05/01/23 01 NEW RIDE MOWER 25-225-60-00-6070 13,359.00INVOICE TOTAL: 13,359.00 *CHECK TOTAL: 13,359.00)<Page 41 of 45 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------538602 SIPEST TIM SIPES05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 65.00INVOICE TOTAL: 65.00 *CHECK TOTAL: 65.00538603 SWEENEYA ADAN SWEENEY05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 90.00INVOICE TOTAL: 90.00 *CHECK TOTAL: 90.00538604 VESTALK KYLE VESTAL05/01-05/09 05/08/23 01 UMPIRE 79-795-54-00-5462 65.00INVOICE TOTAL: 65.00 *CHECK TOTAL: 65.00538605 VOITIKM MICHAEL VOITIK050423 05/04/23 01 UMPIRE 79-795-54-00-5462 120.00INVOICE TOTAL: 120.00 *CHECK TOTAL: 120.00538606 WASONG GERALD WASON050423 05/04/23 01 UMPIRE 79-795-54-00-5462 120.00INVOICE TOTAL: 120.00 *CHECK TOTAL: 120.00D002959 YBSD YORKVILLE BRISTOL)<Page 42 of 45 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPALBUILDING23-230 CITY-WIDE CAPITAL24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL25-225 PARK & REC CAPITAL42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 05/22/23TIME: 15:52:37UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 05/30/2023CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D002959 YBSD YORKVILLE BRISTOL2023.008 05/01/23 01 MAY 2023 LANDFILL EXPENSE 51-510-54-00-5445 17,719.99INVOICE TOTAL: 17,719.99 *23-APR 05/10/23 01 APR 2023 SANITARY FEES 95-000-24-00-2450 326,905.63INVOICE TOTAL: 326,905.63 *DIRECT DEPOSIT TOTAL: 344,625.62538607 YOUNGM MARLYS J. YOUNG041223-PZ 04/28/23 01 04/12/23 PLANNING AND ZONING 90-203-00-00-0011 85.0002 MEETING MINUTES ** COMMENT **INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.00104,264.03346,858.62TOTAL CHECKS PAID:TOTAL ',5(&7DEPOSITS PAID:TOTAL AMOUNT PAID:451,122.65)<Page 43 of 45451,122.65 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION21,993.29 - 21,993.29 1,442.77 1,629.23 25,065.29 FINANCE12,226.69 - 12,226.69 802.06 904.13 13,932.88 POLICE134,282.24 1,781.15 136,063.39 421.32 10,101.58 146,586.29 COMMUNITY DEV.32,688.47 - 32,688.47 2,173.88 2,461.23 37,323.58 STREETS25,716.88 - 25,716.88 1,693.61 2,261.02 29,671.51 BUILDING & GROUNDS2,360.74 - 2,360.74 164.70 249.46 2,774.90WATER22,343.91 239.71 22,583.62 1,481.48 1,931.08 25,996.18 SEWER10,370.31 15.28 10,385.59 681.29 881.66 11,948.54 PARKS30,031.58 300.12 30,331.70 1,861.31 2,675.57 34,868.58 RECREATION25,297.57 - 25,297.57 1,371.47 1,894.80 28,563.84 LIBRARY27,789.98 - 27,789.98 1,429.53 2,104.02 31,323.53 TOTALS345,101.66$ 2,336.26$ 347,437.92$ 13,523.42$ 27,093.78$ 388,055.12$ TOTAL PAYROLL 388,055.12$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYMay 12, 2023Page 44 of 45388,055.12$ ACCOUNTS PAYABLE DATE FY 23 City Check Manual Register - FY 23 (Page 1)05/03/2023 45,730.00$ City Check Register - FY 23 (Pages 2 - 29)05/30/2023 2,264,060.70 SUB-TOTAL: 2,309,790.70$ FY 24 City Check Manual Register - FY 24 (Page 30)05/02/2023 38,995.26$ City Check Manual Register - FY 24 (Page 31)05/22/2023 6,685.80 City Check Manual Register - FY 24 (Page 32)05/24/2023 7,250.00 City Check Register - FY 24 (Pages 33 - 43)05/30/2023 451,122.65 SUB-TOTAL: $504,053.71 WIRE/ACH PAYMENTS Dearborn Insurance - May 2023 05/01/2023 2,946.98$ Margaritas en Mayo - Liquor License 05/10/2023 25.00 TOTAL PAYMENTS: $2,971.98 Bi - Weekly (Page 44)05/12/2023 388,055.12$ SUB-TOTAL: 388,055.12$ TOTAL DISBURSEMENTS: 3,204,871.51$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, May 30, 2023 PAYROLL Page 45 of 45 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #2 Tracking Number PW 2023-42 2023 Water Main Improvements – Contract A Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to CC consent agenda. PW 2023-42 Majority Approval Recommendation to Approve Easement Brad Sanderson Engineering Name Department As part of the 2023 Water Main Replacement – Contract A improvements, existing water main between Hillcrest Ave and Game Farm Road is scheduled to be replaced. This water main currently runs beneath the Hillside Rehab and Care Center at 1308 Game Farm Road. There is not currently an existing easement for this water main. The proposed water main is designed to run within their parking lot. An easement for this water main has been granted by the property owners at 1308 Game Farm Road. An exhibit noting the location is attached. We recommend the acceptance of the easement. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: May 1, 2023 Subject: 2023 Water Main Improvements – Contract A LOT 16LOT 12LOT 13LOT 17PRAIRIE LANEGAME FARM ROADPAGE 1 OF 1“”“”Engineering Enterprises, Inc.GRANT OF EASEMENTTO THEUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISUNITED CITY OF YORKVILLE800 GAME FARM ROADYORKVILLE, IL 60560 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #3 Tracking Number PW 2023-46 Grande Reserve – Unit 13 Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to CC consent agenda. PW 2023-46 Majority Approval Release of Guarantee Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance security. The developer has provided a separate bond to cover costs of remaining sidewalk installation in currently undeveloped lots, which will be released after completion of all sidewalks. The value of the security to be released is $87,600.00 The public improvements were accepted on January 31, 2022. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: April 21, 2023 Subject: Grande Reserve Units 13 BNSF RRPrestonDrSeeley St Shoeger DrPreston DrEvans CtSeeley CtShoeger CtHaven hill Ct Allegiance CrossingPine Ridge Dr SBrady StMill RdMill RdMill RdTuscany TrlEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con(;+,%,7%LOCATION MAPDATE:JANUARY 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usUNIT 13UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO2112PATH:H:/GIS/PUBLIC/YORKVILLE/2021/FILE:fffääNORTHLegendUNIT 13 BOUNDARYH:\GIS\Public\Yorkville\2021\YO2112\YO2112_ Grande Reserve Unit 13.mxd400 0 400200 Feet Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2023-47 Grande Reserve – Unit 14 Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to CC consent agenda. PW 2023-47 Majority Approval Release of Guarantee Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance security. The developer has provided a separate bond to cover costs of remaining sidewalk installation in currently undeveloped lots, which will be released after completion of all sidewalks. The value of the security to be released is $125,600.00. The public improvements were accepted on January 31, 2022. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: April 21, 2023 Subject: Grande Reserve Units 14 BNSF RRMill RdMill RdMill RdPrestonDrCrooker DrShoeger DrPreston DrEvans CtShoeger CtHaven hill Ct Brady StTuscany TrlTuscany TrlEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con(;+,%,7%LOCATION MAPDATE:JANUARY 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usUNIT 14UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO2112PATH:H:/GIS/PUBLIC/YORKVILLE/2021/FILE:fffääNORTHLegendUNIT 14 BOUNDARYH:\GIS\Public\Yorkville\2021\YO2112\YO2112_ Grande Reserve Unit 14.mxd400 0 400200 Feet Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number PW 2023-48 Grande Reserve – Unit 23 Special City Council – May 30, 2023 PW - 05/16/23 Moved forward to CC consent agenda. PW 2023-48 Majority Approval Release of Guarantee Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance security. The developer has provided a separate bond to cover costs of remaining sidewalk installation in currently undeveloped lots, which will be released after completion of all sidewalks. The value of the security to be released is $520,410.95. The public improvements were accepted on December 15, 2020. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: April 21, 2023 Subject: Grande Reserve Unit 23 ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-Tuscany TrlBaumann Tr l Owen Ct Ketchu m Ct S h e r i d a n C t Pr es ton D r Gains CtBlackhawk B lv dE Mill Brook CirSilver Springs CtGrape Vine TrlGalen a R d 7023 7053 7027 409 415 413 407 435 425 419 433 423 417 439 437 429 421 385 383 387 395 349 403 397 345 401 391 389 411 441 431 427 347 379 405 399 393 4471 4439 2805 2809 2825 2828 4455 4461 4467 2845 2842 4468 2807 4392 2824 2820 2811 4205 2828 2821 2805 4274 2829 2806 2810 4351 4208 2811 2821 2829 4488 4485 4477 4449 4242 4228 4210 2833 2839 4481 4478 4443 2842 4429 2838 2831 2781 2782 2797 2789 2792 2802 4388 4352 4336 2834 4428 4424 4420 2796 2798 2803 2801 4302 4294 4288 4324 4312 4412 4408 4404 2826 2820 4268 4262 4254 4248 2824 2832 2834 2838 2849 28472843 2839 2825 2821 2808 2799 2824 28092805 4376 4475 2801 2844 4464 4375 4211 2832 2825 4355 4282 4234 4220 2835 2843 4472 4476 2846 4433 2835 2828 2785 2778 2793 2786 2806 2820 4364 4348 7200 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 GRANDE RESERVE - UNIT 23 EXHIBIT B LOCATION MAPwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: NOVEMBER 2020 YO1730 YO1730_Grande Res Unit 23 Exhibit B.MXD H:\GIS\PUBLIC\YORKVILLE\2017\ MJT NO.REVISIONS ³United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630-553-4350www.yorkville.il.us UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS NOT INCLUDED IN ACCEPTANCE WILL BE ACCEPTED AT LATER DATE Legend UNIT BOUNDARY ROADWAY ACCEPTANCE Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2023-23 City – School Pre-Closing Possession Intergovernmental Agreement Special City Council – May 30, 2023 CC – 05/09/23 This item was previously discussed and approved at the 05/09/23 CC meeting however re-approval is needed. CC 2023-23 Supermajority (6 out of 9) Approval Jori Behland Administration Name Department Summary Re-approval of an updated intergovernmental agreement between the City and the School District for the pre-closing possession. Background This item was previously discussed at the May 9, 2023, City Council meeting. Since the approval of the agreement on May 9th, we have identified minor differences between the agreement the City approved and the document provided by the school district. To ensure consistency, we recommend re- approval to have identical versions of the documents for both parties. While these differences are minor and unlikely to affect the document’s overall intent and objectives, it is best practice to maintain consistency and accuracy across both entities. Attached are the previously approved intergovernmental agreement and a redlined version showing the minor differences from the previously approved agreement. Recommendation Staff recommends re-approval of the intergovernmental agreement between the City and School District regarding the pre-closing possession. Memorandum To: City Council From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: May 30, 2023 Subject: City-School Pre-Closing Possession IGA Resolution No. 2023-____ Page 1 Resolution No. 2023-_____ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the Yorkville Community School District 115 (the “School District”) is a school district of the State of Illinois with the powers as granted by Article VII, Section 8 of the 1970 Illinois Constitution and as provided by law; and WHEREAS, the City and the School District each have the authority to enter into agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and Sections 3 and 5 of the Intergovernmental Cooperation Act (5 ILCS 220/3 and 5) and pursuant to the statutory contracting power of each; and WHEREAS, the City currently holds title to the parcel of real estate located at 800 Game Farm Road, City of Yorkville, Kendall County, and further identified as part of P.I.N. 02-29-427- 001, legally described on Exhibit “A” attached hereto and made a part hereof that had previously housed City hall and the City’s police station (the “Premises”); and WHEREAS, the City has relocated City hall and the police station, and therefore the City does not currently occupy the Premises; and WHEREAS, the School District desires to purchase the Premises from the City, potentially to house School District offices; and Resolution No. 2023-____ Page 2 WHEREAS, the School District has the authority to acquire the Premises pursuant to Section 10-22.35A of the School Code (105 ILCS 5/10-22.35A); and WHEREAS, the City, pursuant to Section 5-22 of the School Code (105 ILCS 5/5-22) and Section 2 of the Local Government Property Transfer Act (50 ILCS 605/2), has the power to convey the Premises to the School District; and WHEREAS, the City and the School District have entered into an agreement to convey the property from the City to the School District (the “Sales Contract”), with a closing to occur on May 30, 2023 or such other date that is mutually agreed upon; and WHEREAS, the School District desires to occupy the Premises prior to the closing of the Sales Contract; and WHEREAS, the City has determined it is in its best interests to enter into an Intergovernmental Agreement with the School District, in the form attached hereto and made a part hereof as Exhibit “A,” in furtherance of the stated goals and desires set forth above. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That all of the recitals set forth above are incorporated herein as if fully restated in this Section 1. Section 2. That the Intergovernmental Agreement between Yorkville Community Unit School District No. 115 and the United City of Yorkville for Pre-closing Possession of 800 Game Farm Road (the “IGA”), in the form attached hereto and made a part hereof as Exhibit “A,” is hereby approved and the Mayor is authorized to execute and deliver said IGA. Resolution No. 2023-____ Page 3 Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2023-____ Page 4 EXHIBIT A (insert agreement) Resolution No. 2023-____ Page 5 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CLERK'S CERTIFICATE I, Jori Behland, the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD which Resolution was duly passed by said City Council at a regular meeting held on the _____ day of _____________________, A.D. 2023. I do further certify that a quorum of said City Council was present at said meeting and that the Council complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 2023. Jori Behland, City Clerk United City of Yorkville (Seal)  1 INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the date shown below by and between the Board of Education of Yorkville Community Unit School District No. 115, Kendall and Kane Counties, Illinois (“School District”) and the United City of Yorkville (“City”). W I T N E S S E T H: WHEREAS, School District is an Illinois public school district established and operated pursuant to the Illinois School Code, 105 ILCS 5/1-1 et seq; and WHEREAS, City is an Illinois municipal corporation established and operated pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, School District and City are authorized to enter into this Intergovernmental Agreement pursuant to Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and WHEREAS, the City currently holds title to the parcel of real estate located at 800 Game Farm Road, City of Yorkville, Kendall County, and further identified as part of P.I.N. 02-29-427-001, legally described on Exhibit “A” attached hereto and made a part hereof that had previously housed City hall and the City’s police station (the “Premises”); and WHEREAS, the City has relocated City hall and the police station, and therefore the City does not currently occupy the Premises; and WHEREAS, the School District desires to purchase the Premises from the City, potentially to house School District offices; and WHEREAS, the School District has the authority to acquire the Premises pursuant to Section 10-22.35A of the School Code (105 ILCS 5/10-22.35A); and WHEREAS, the City, pursuant to Section 5-22 of the School Code (105 ILCS 5/5-22) and Section 2 of the Local Government Property Transfer Act (50 ILCS 605/2), has the power to convey the Premises to the School District; and WHEREAS, the City and the School District have entered into an agreement to convey the property from the City to the School District (the “Sales Contract”), with a closing to occur on May 30, 2023, or such other date that is mutually agreed upon; and; and Formatted: Not Highlight 2 WHEREAS, the School District desires to occupy the Premises prior to the closing of the Sales Contract; and WHEREAS, the City and the School District mutually desire to enter into this Agreement defining their rights, duties and liabilities during the period in which the School District is occupying the Premises and the parties have not yet closed on the Sales Contract. NOW, THEREFORE, in consideration of the terms and conditions contained in this Intergovernmental Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, School District and City agree as follows: 1. INCORPORATION OF PREAMBLES: The preambles are hereby incorporated into and made a part of this Agreement. 2. POSSESSION: The City hereby grants permission to the School District to take possession of the Property effective May 10, 2023, ____________________,20___ and to occupy same until the close of the Sales Contract (“Closing”), or until the right of possession is earlier terminated in accordance with this Agreement. 3. CONDITION OF PROPERTY: School District acknowledges inspection of the Premises and hereby accepts the Premises as is and as conforming to the requirements of the Sales Contract (except as to matters of title or survey, which shall be determined as provided in the said Sales Contract). 4. HOLDOVER: If the Sales Contract is not closed as scheduled or as extended, through no fault of CitySeller, Buyer School District agrees to vacate the Premises within __five (5)___________ days after service of a written notice from SellerCity. Any holding over thereafter shall create a day-to-day tenancy with a rent of $__________100___ per day. Except as to daily rent and tenancy, all other covenants and conditions herein contained shall remain in full force and effect during any holdover period. In the event School District shall not have vacated the Premises on or before the above deadline, City shall be permitted to bring whatever legal action may be permitted by law to recover possession of said premises. In said event, School District shall pay to City their reasonable attorney fees and court costs and reimburse City for whatever damages may have occurred to the premises. 5. UTILITIES AND ASSESSMENTS: During the term of this occupancy, School District shall be responsible for all utilities consumed and assessments that accrue on the Premises. The School District and City shall reach an agreement regarding which utilities should be put in School District’s name before Closing, but even if the utilities remain in City’s name, School District shall pay to City the amount due for the utilities consumed and the assessments that accrue on the Premises during the occupancy. 6. ALTERATIONS TO PREMISES: In the event the Sales Contract is not closed as scheduled or extended, the School District agrees to reverse any and all changes and alterations made to the Premises and restore the Premises to the condition it was in prior to the School District’s occupancy. 3 7. RISK OF LOSS (INSURANCE): School District shall obtain prior to occupancy a copy of a certificate of insurance coverage and shall maintain during the term of this Agreement public commercial general liability insurance naming the both City and School District as co- insuredsas an additional insured in an amount of not less than $_____________________ $1,000,000 per occurrence and $2,000,000 general aggregate, with not less than $20,000,000 in umbrella or excess liability insurance, which shall follow the form of the general liability insurance in all respectsfor injury to one person; $____________________ for injury to more than one person; and $__________________ for property damage. If permitted by his/herits insurer, City may agree to retain hazard and liability insurance on the Property until Closing. If City’s insurer requires that City’s policy be converted to a Landlord's Policy as a result of this Agreement, School District agrees to pay any additional premium cost. School District acknowledges that School District is solely responsible for insuring any personal property on the Premises. The School District’s obligations may be met through a self-insurance risk pool. 8. INDEMNIFICATION FROM SUIT: School District agrees to indemnify, protect, release and hold harmless, and, at the option of the City, defend, the City, its agents, elected and appointed officials, administrative staff, employees, and volunteer personnel from any and all liability, claims, demands, actions and causes of action, costs and expenses (including reasonable attorneys’ fees) which the City may become obligated by reason of any accident or injury (including death) caused by School District’s use of the Premises . . prior to the Closing. 9. TERMINATION: The City may, at any time prior to expiration of the term of this Agreement, or any renewal period thereof, upon School District’s default or breach of any of the covenants herein contained to be kept by School District, with fourteen (14) calendar days’ notice, declare the Agreement terminated, provided this Agreement shall not be terminated if School District cures the default or breach within the fourteen (14) day notice period. School District shall upon termination of the Agreement due to breach or default return the Premises, and all keys thereto, and any equipment provided by City, to City in the same condition as received by School District at the commencement of the term of this Agreement, ordinary wear and tear and acts of God excepted. Any repairs or replacements made to the Premises by School District, its agents, employees, participants or invitees, shall be reversed promptly by the School District, at its own expense and in a manner to prevent liens from attaching to the Premises or City’s funds, as a result thereof. 10. RIGHT OF REMOVAL: City shall have the right to temporarily remove the School District, under emergency situations as determined by the City, with as much notice as is practicable. 11. ASSIGNMENT SUBLETTING: The School District shall neither sublet the Premises or any part thereof nor assign this Agreement by any act or default nor transfer any of School District’s interest by operation of law, nor offer the Premises or any part thereof for sublicense, nor permit the use thereof for sublicense, nor permit the use thereof for any purpose other than as above mentioned during the term of this Agreement, without in each case, the written consent of the City. 4 12. CITY NOT LIABLE: The City shall not be liable for any loss of property or defects in the Premises, or any accidental damages to the person or property of School District in or about the Premises, where such loss or injury results from water, rain or snow leaking into, issuing or flowing from any part of the Premises or the building used to access the Premises, or from the pipes or plumbing of the same except when such damage results from the City’s negligence. The School District hereby covenants and agrees to make no claim for any such loss or damage at any time. The City shall not be liable for any loss or damage to any personal property of the School District or any of its employees, invitees or contractors. 13. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, apply and inure to the benefit of School District and City and their respective heirs, legal representatives, successors and assigns. 14. AMENDMENTS: No modifications or amendments or waiver of any provision hereto shall be valid and binding unless in writing and signed by both parties. 15. COMPLETE UNDERSTANDING: This Agreement sets forth all the terms and conditions, and agreements and understandings between School District and City relative to the subject matter hereof, and there are not agreements or conditions, either oral or written, expressed or implied, between them other than as herein set forth. 16. GOVERNING LAW: This Agreement and the rights and responsibilities of the parties hereto shall be interpreted and enforced in accordance with the laws of the State of Illinois. 17. WAIVER: No waiver of any default of School District hereunder shall be implied from an omission of City to take any action on account of such default and no express waiver shall affect any default other than the default specified in that express waiver and then only for the time and to the extent therein stated. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement by their authorized representatives as of the last date of signature shown below. [SIGNATURE PAGE TO FOLLOW] 5 SCHOOL DISTRICT: CITY: BOARD OF EDUCATION UNITED CITY OF YORKVILLE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 KENDALL AND KANE COUNTIES, ILLINOIS By:___________________________________ By:_________________________________ Its President Its ______________________ ATTEST: ATTEST: By:__________________________________ By:_________________________________ Its Secretary Its _____________________ DATED:_____________________________ DATED:____________________________ 6 EXHIBIT A – INSERT DEPICTION/DESCRIPTION OF PREMISES 1 INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the date shown below by and between the Board of Education of Yorkville Community Unit School District No. 115, Kendall and Kane Counties, Illinois (“School District”) and the United City of Yorkville (“City”). W I T N E S S E T H: WHEREAS, School District is an Illinois public school district established and operated pursuant to the Illinois School Code, 105 ILCS 5/1-1 et seq; and WHEREAS, City is an Illinois municipal corporation established and operated pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, School District and City are authorized to enter into this Intergovernmental Agreement pursuant to Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and WHEREAS, the City currently holds title to the parcel of real estate located at 800 Game Farm Road, City of Yorkville, Kendall County, and further identified as part of P.I.N. 02-29-427-001, legally described on Exhibit “A” attached hereto and made a part hereof that had previously housed City hall and the City’s police station (the “Premises”); and WHEREAS, the City has relocated City hall and the police station, and therefore the City does not currently occupy the Premises; and WHEREAS, the School District desires to purchase the Premises from the City, potentially to house School District offices; and WHEREAS, the School District has the authority to acquire the Premises pursuant to Section 10-22.35A of the School Code (105 ILCS 5/10-22.35A); and WHEREAS, the City, pursuant to Section 5-22 of the School Code (105 ILCS 5/5-22) and Section 2 of the Local Government Property Transfer Act (50 ILCS 605/2), has the power to convey the Premises to the School District; and WHEREAS, the City and the School District have entered into an agreement to convey the property from the City to the School District (the “Sales Contract”), with a closing to occur on May 30, 2023, or such other date that is mutually agreed upon; and 2 WHEREAS, the School District desires to occupy the Premises prior to the closing of the Sales Contract; and WHEREAS, the City and the School District mutually desire to enter into this Agreement defining their rights, duties and liabilities during the period in which the School District is occupying the Premises and the parties have not yet closed on the Sales Contract. NOW, THEREFORE, in consideration of the terms and conditions contained in this Intergovernmental Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, School District and City agree as follows: 1. INCORPORATION OF PREAMBLES: The preambles are hereby incorporated into and made a part of this Agreement. 2. POSSESSION: The City hereby grants permission to the School District to take possession of the Property effective May 10, 2023, and to occupy same until the close of the Sales Contract (“Closing”), or until the right of possession is earlier terminated in accordance with this Agreement. 3. CONDITION OF PROPERTY: School District acknowledges inspection of the Premises and hereby accepts the Premises as is and as conforming to the requirements of the Sales Contract (except as to matters of title or survey, which shall be determined as provided in the said Sales Contract). 4. HOLDOVER: If the Sales Contract is not closed as scheduled or as extended, through no fault of City, School District agrees to vacate the Premises within five (5) days after service of a written notice from City. Any holding over thereafter shall create a day-to-day tenancy with a rent of $100 per day. Except as to daily rent and tenancy, all other covenants and conditions herein contained shall remain in full force and effect during any holdover period. In the event School District shall not have vacated the Premises on or before the above deadline, City shall be permitted to bring whatever legal action may be permitted by law to recover possession of said premises. In said event, School District shall pay to City their reasonable attorney fees and court costs and reimburse City for whatever damages may have occurred to the premises. 5. UTILITIES AND ASSESSMENTS: During the term of this occupancy, School District shall be responsible for all utilities consumed and assessments that accrue on the Premises. The School District and City shall reach an agreement regarding which utilities should be put in School District’s name before Closing, but even if the utilities remain in City’s name, School District shall pay to City the amount due for the utilities consumed and the assessments that accrue on the Premises during the occupancy. 6. ALTERATIONS TO PREMISES: In the event the Sales Contract is not closed as scheduled or extended, the School District agrees to reverse any and all changes and alterations made to the Premises and restore the Premises to the condition it was in prior to the School District’s occupancy. 3 7. RISK OF LOSS (INSURANCE): School District shall obtain prior to occupancy a copy of a certificate of insurance coverage and shall maintain during the term of this Agreement commercial general liability insurance naming the City as an additional insured in an amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, with not less than $20,000,000 in umbrella or excess liability insurance, which shall follow the form of the general liability insurance in all respects. If permitted by its insurer, City may agree to retain hazard and liability insurance on the Property until Closing. If City’s insurer requires that City’s policy be converted to a Landlord's Policy as a result of this Agreement, School District agrees to pay any additional premium cost. School District acknowledges that School District is solely responsible for insuring any personal property on the Premises. The School District’s obligations may be met through a self-insurance risk pool. 8. INDEMNIFICATION FROM SUIT: School District agrees to indemnify, protect, release and hold harmless, and, at the option of the City, defend, the City, its agents, elected and appointed officials, administrative staff, employees, and volunteer personnel from any and all liability, claims, demands, actions and causes of action, costs and expenses (including reasonable attorneys’ fees) which the City may become obligated by reason of any accident or injury (including death) caused by School District’s use of the Premises prior to the Closing. 9. TERMINATION: The City may, at any time prior to expiration of the term of this Agreement, or any renewal period thereof, upon School District’s default or breach of any of the covenants herein contained to be kept by School District, with fourteen (14) calendar days’ notice, declare the Agreement terminated, provided this Agreement shall not be terminated if School District cures the default or breach within the fourteen (14) day notice period. School District shall upon termination of the Agreement due to breach or default return the Premises, and all keys thereto, and any equipment provided by City, to City in the same condition as received by School District at the commencement of the term of this Agreement, ordinary wear and tear and acts of God excepted. Any repairs or replacements made to the Premises by School District, its agents, employees, participants or invitees, shall be reversed promptly by the School District, at its own expense and in a manner to prevent liens from attaching to the Premises or City’s funds, as a result thereof. 10. RIGHT OF REMOVAL: City shall have the right to temporarily remove the School District, under emergency situations as determined by the City, with as much notice as is practicable. 11. ASSIGNMENT SUBLETTING: The School District shall neither sublet the Premises or any part thereof nor assign this Agreement by any act or default nor transfer any of School District’s interest by operation of law, nor offer the Premises or any part thereof for sublicense, nor permit the use thereof for sublicense, nor permit the use thereof for any purpose other than as above mentioned during the term of this Agreement, without in each case, the written consent of the City. 12. CITY NOT LIABLE: The City shall not be liable for any loss of property or defects in the Premises, or any accidental damages to the person or property of School District in or about the Premises, where such loss or injury results from water, rain or snow leaking into, issuing or 4 flowing from any part of the Premises or the building used to access the Premises, or from the pipes or plumbing of the same except when such damage results from the City’s negligence. The School District hereby covenants and agrees to make no claim for any such loss or damage at any time. The City shall not be liable for any loss or damage to any personal property of the School District or any of its employees, invitees or contractors. 13. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, apply and inure to the benefit of School District and City and their respective heirs, legal representatives, successors and assigns. 14. AMENDMENTS: No modifications or amendments or waiver of any provision hereto shall be valid and binding unless in writing and signed by both parties. 15. COMPLETE UNDERSTANDING: This Agreement sets forth all the terms and conditions, and agreements and understandings between School District and City relative to the subject matter hereof, and there are not agreements or conditions, either oral or written, expressed or implied, between them other than as herein set forth. 16. GOVERNING LAW: This Agreement and the rights and responsibilities of the parties hereto shall be interpreted and enforced in accordance with the laws of the State of Illinois. 17. WAIVER: No waiver of any default of School District hereunder shall be implied from an omission of City to take any action on account of such default and no express waiver shall affect any default other than the default specified in that express waiver and then only for the time and to the extent therein stated. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement by their authorized representatives as of the last date of signature shown below. [SIGNATURE PAGE TO FOLLOW] 5 SCHOOL DISTRICT: CITY: BOARD OF EDUCATION UNITED CITY OF YORKVILLE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 KENDALL AND KANE COUNTIES, ILLINOIS By:___________________________________ By:_________________________________ Its President Its ______________________ ATTEST: ATTEST: By:__________________________________ By:_________________________________ Its Secretary Its _____________________ DATED:_____________________________ DATED:____________________________ 6 EXHIBIT A – INSERT DEPICTION/DESCRIPTION OF PREMISES Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2023-25 Appointments to Boards and Commissions Special City Council – May 30, 2023 CC – 05/09/23 This agenda item was tabled to the 05/30/23 City Council meeting. CC 2023-25 Majority Approval Mayor John Purcell Name Department 2023 Board and Commission Appointments BOARD/ COMMISSION NAME TERM Police Pension Fund Board Joseph Gillespie 2 years May 2023 – May 2025 Police Pension Fund Board Jeff Burgner 2 years May 2023 – May 2025 Fire & Police Commission Maryalice Lundquist 3 years May 2023 – May 2026 Library Board Rosie Millen 3 years May 2023 – May 2026 Library Board Theron Garcia 3 years May 2023 – May 2026 Planning and Zoning Commission Rusty Hyett 4 years May 2023 – May 2027 Planning and Zoning Commission Deborah Horaz 4 years May 2023 – May 2027 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held or the items will be passed out. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2023-30 Employment Agreement Between the City and James Jensen Special City Council – May 30, 2023 CC – 05/09/23 This agenda item was tabled to the 05/30/23 City Council meeting. CC 2023-30 None Informational Mayor John Purcell Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2023-33 East Main Steet and McHugh Road Stop Sign Special City Council – May 30, 2023 Majority Approval Bart Olson Administration Name Department Ordinance No. 2023-____ Page 1 Ordinance No. 2023-_______ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING THE TRAFFIC SCHEDULE AND INDEX WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City has designated certain intersections within the City as “STOP” intersections and has identified the need for placement of additional stop signs at such intersections; and, WHEREAS, after extensive investigation and study of traffic patterns, it has been determined that the intersection at East Main Street and McHugh Road should be designated as a stop intersection in conformance with the current Manual on Uniform Traffic Control Devices as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the traffic schedule and index regarding stop sign control is hereby amended as follows: Section 1. The Traffic Schedule and Index regarding Stop Sign Control is hereby amended by adding the following as a four-way stop intersection: “Intersection of East Main Street and McHugh Road” Section 2: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No. 2023-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2023-34 Shared Service Training Coordinator Position – IGA Approval Special City Council – May 30, 2023 Majority Approval James Jensen Chief of Police Name Department Summary Intergovernmental Agreement Approval of a Shared Service Training Coordinator Position with the Village of Oswego. Background The United City of Yorkville and The Village of Oswego have had a long history of hiring shared service positions. A shared service Purchasing Manager was hired in 2017 and a Facilities Manager shared service position was hired in 2018. Both joint ventures have been a success, allowing both municipalities to benefit from the knowledge of specialized positions without incurring the full costs of employment. Based on the success of these partnerships, and the police training requirements upon both municipalities because of the Safe-T Act, staff is recommending proceeding with an intergovernmental agreement between the two municipalities for a shared Police Training Coordinator. HB3653, otherwise known as the SAFE-T Act, was passed in 2021 and it created numerous training mandates for officers to retain their certification as a police officer. The new requirements include minimum training hours obtained in specific fields of study on an annual, triennial, and quinquennial basis. The SAFE-T-Act also requires our in-house instructors become certified instructors through the North East Multi Regional Training unit (NEMRT) and the Illinois Law Enforcement Training and Standards Board (ILETSB) and that all instructor syllabi are approved by NEMRT and ILETSB. These requirements are in addition to requirements for accreditation through IPAC and OSHA/DOL requirements. In 2020, police employees spent 3,586 hours in training, that amount rose to 5,193 hours in 2022. While the preparation and implementation of our training program were already significant prior to the SAFE-T Act, the new mandates have led to increased time needed to schedule, plan, organize, coordinate and document required training. A Police Training Coordinator will enhance our overall training program by allowing for a specialist who can focus solely on the vast and complicated world of police training. This will provide greater efficiencies for the multiple positions which currently administer the training program, as well as allow us to adapt to any impending training requirements that may be forthcoming. This position will be the Village of Oswego’s with the City of Yorkville reimbursing the Village 50% of the cost. Recommendation Staff recommends approval of the intergovernmental agreement between the City of Yorkville and the Village of Oswego for a shared service Training Coordinator. Attachments Exhibit A: Intergovernmental Agreement Between the Village of Oswego and the United City of Yorkville Regarding Joint Employment of a Training Coordinator. Exhibit B: Village of Oswego Training Coordinator Job Description Memorandum To: City Council From: James Jensen, Police Chief CC: Date: May 30, 2023 Subject: Shared Service Training Coordinator Position – IGA Approval Resolution No. 2023-____ Page 1 Resolution No. 2023-_____ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A TRAINING COORDINATOR WHEREAS, the United City of Yorkville, Kendall County, Illinois (“Yorkville”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the Village of Oswego, Kendall and Will Counties, Illinois (“Oswego”) is a duly organized and validly existing home rule municipality created in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, Yorkville and Oswego each have the authority to enter into agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and Sections 3 and 5 of the Intergovernmental Cooperation Act (5 ILCS 220/3 and 5) and pursuant to the statutory contracting power of each; and WHEREAS, the parties wish to share the services of a Training Coordinator who will perform training coordination, scheduling, and support for both communities; and WHEREAS, employing a professional Training Coordinator is intended to result in cost savings that exceed the cost of the Training Coordinator; and WHEREAS, Oswego agrees to employ the Training Coordinator, and Yorkville will share fifty percent (50%) of all costs associated with the employment of the Training Coordinator; and WHEREAS, Yorkville has determined it is in its best interests to enter into an Intergovernmental Agreement with Oswego, in the form attached hereto and made a part hereof as Exhibit “A,” in furtherance of the stated goals and desires set forth above. Resolution No. 2023-____ Page 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That all of the recitals set forth above are incorporated herein as if fully restated in this Section 1. Section 2. That the Intergovernmental Agreement Between the Village of Oswego and the United City of Yorkville Regarding Joint Employment of a Training Coordinator (the “IGA”), in the form attached hereto and made a part hereof as Exhibit “A,” is hereby approved and the Mayor is authorized to execute and deliver said IGA. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________________ MAYOR Resolution No. 2023-____ Page 3 Attest: ______________________________ CITY CLERK Resolution No. 2023-____ Page 4 EXHIBIT A (insert agreement) Resolution No. 2023-____ Page 5 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CLERK'S CERTIFICATE I, Jori Behland, the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A TRAINING COORDINATOR which Resolution was duly passed by said City Council at a regular meeting held on the _____ day of _____________________, A.D. 2023. I do further certify that a quorum of said City Council was present at said meeting and that the Council complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 2023. Jori Behland, City Clerk United City of Yorkville (Seal) EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A TRAINING COORDINATOR This Agreement is entered into this ____ day of _______, 2023, by and between Village of Oswego (“OSWEGO”) and the United City of Yorkville (“Yorkville”), collectively referred to as the “parties.” WHEREAS,OSWEGO is a home rule unit of local government organized and existing under the laws of the State of Illinois; and, WHEREAS,Yorkvilleis a non-home rule unit of local government organized and existing under the laws of the State of Illinois; and, WHEREAS, in addition to other powers possessed by the parties, this Agreement is entered into pursuant to Article VII of the Illinois Constitution and pursuant to the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/3, et. seq. WHEREAS,the parties wish to share the services of a Training Coordinator who will perform training coordination, scheduling, and support for both communities; and, WHEREAS, employing a professional Training Coordinator is intended to result in cost savings that exceed the cost of the Training Coordinator; and, WHEREAS,OSWEGO agrees to employ the Training Coordinator, Yorkville will share fifty percent (50%) of all costs associated with the employment of the Training Coordinator. NOW, THEREFORE,in consideration of the foregoing and of the mutual promises and obligations expressed herein and other good and valuable consideration, the sufficiency, adequacy and receipt of which are hereby acknowledged, IT IS HEREBY AGREED by the parties as follows: 1. RECITALS The parties acknowledge that the statements and representations made in the foregoing recitals are true and correct and are hereby incorporated into this Agreement as if fully set forth in this Section 1. 2.Employment The payment of wages to the employee and the accounting of liability and payment for all employment related taxes, insurance costs and benefit costs shall be the responsibility of OSWEGO. 3.Joint Hiring of Individual The parties agree to jointly solicit resumes for a Training Coordinator through job posting avenues to be decided by the Oswego Chief of Police, or his designee. OSWEGO will draft an advertisement and post the position. The Oswego Chief of Police and the Yorkville Chief of Police, or their designees, will Page 2 of 6 jointly select potential candidates and both parties will be present for any interviews with prospective employees. The decision to select a prospective employee will be jointly made by the Oswego Chief of Police and Chief of Police , or their designees. 4.Cost Sharing OSWEGO and YORKVILLE agree to share evenly (fifty percent to each) all costs related to the wages, costs, and benefits for the employee. Costs shared shall include the hourly pay, reimbursements, payroll taxes, workers compensation insurance, the cost of payroll services, insurance and benefits including, health, life, dental and retirement benefits. OSWEGO shall perform or cause to be performed, as part of OSWEGO’s role as employer, all federal, state and local employment withholding and tax reporting obligations. OSWEGO shall also provide payroll service to the employee and cover the employee under a workers compensation insurance policy that meets all applicable laws and statutes and is issued by an Illinois licensed insurer. Said costs shall be paid in full by OSWEGO and upon receipt of proper documentation, reimbursed at fifty percent by YORKVILLE to OSWEGO as invoiced by OSWEGO. OSWEGO will provide for all typical offices supplies, specialized supplies, equipment and technology purchased as agreed by OSWEGO and YORKVILLE and the costs thereof will be shared evenly. Costs incurred to provide services for either municipality and without the agreement of the other municipality shall be fully paid for by the municipality receiving the services. The rate of pay and budget for professional development training, memberships and resources will be agreed to between the Chiefs of Police or designees of OSWEGO and YORKVILLE. The employee shall be employed in accordance with the OSWEGO Personnel Policies Manual and other policies applicable to similarly situated employees in OSWEGO. The Training Coordinator shall have no entitlement to compensation or benefits applicable to employees of YORKVILLE and shall not be subject to YORKVILLE’s personnel policies and practices. Additional costs not specifically outlined in this agreement will be discussed and agreed to between the Village Chiefs of Police or their designees. If the required reimbursement payments are not made for any month due, OSWEGO will give notice to YORKVILLE and provide 30 days to cure. If the payment is not made within the time frame, the intergovernmental agreement may be terminated by Oswego. If OSWEGO elects to retain the employee, YORKVILLE will owe to Oswego the pay accrued to the date of termination in addition to six months post termination pay. If OSWEGO elects to terminate the employee due to YORKVILLE’S failure to pay, YORKVILLE will reimburse Oswego for all unemployment costs. If the employee is terminated due to the dissolution of this agreement other than Yorkville’s failure to pay when required , the cost of unemployment insurance shall be divided. 5.Assignment of Duties The duties of the employee shall be as provided in the job description (attached hereto and incorporated herein). The parties may modify the job description at any time by joint agreement. The assignment of the employee and the hours and working conditions for the employee shall be as agreed to by the Chiefs of Police or their designees, and generally in accordance with the job description Page 3 of 6 attached. In the event of conflicting priorities, the Training Coordinator shall identify priority projects and submit to the Chiefs of Police or their designees to review. The Chiefs of Police or designees shall reach an agreement on the employee’s priorities based. The employee shall track hours worked by project and community on a weekly basis and remit to the Administrators or their designees. All Personnel rules of OSWEGO that are applicable to the employee shall continue to apply to the employee when the employee is assigned to perform services for YORKVILLE pursuant to the intergovernmental agreement. 6.Discipline and/or Termination of Employment Discipline and termination of the employee shall be in accordance with the OSWEGO Personnel Policies Manual. The YORKVILLE Chief of Police shall have the authority to recommend discipline up to and including termination to the OSWEGO Chief of Police who shall have the final authority to impose discipline. 7.Indemnify and Hold Harmless A. Any actions or duties taken, performed or omitted by the Training Coordinator on behalf of or with respect to a Municipality shall not create liability to the other Municipality. Nevertheless, in the event that a Municipality is made a defendant in a lawsuit (hereinafter, the “Defendant Municipality”) as a result of actions or duties taken, performed or omitted by the Training Coordinator while assigned to a particular municipality (hereinafter the “Indemnifying Municipality”), the Indemnifying Municipality shall indemnify the Defendant Municipality, as follows. Each Municipality hereby indemnifies and holds harmless the other Municipality against and from any liability, claim, cost, or expenses (including without limitation court costs and attorney’s fees) resulting from, relating or with respect to, actions or duties taken, performed, or omitted by the Training Coordinator acting as such on behalf of or with respect to the Indemnifying Municipality. For the purposes of this section the term “Municipality shall include the Village together with its officers, officials and employees. B. Any Workers’ Compensation Claim made by the Training Coordinator shall be paid under OSWEGO’s Workers’ Compensation Policy. If a significant claim is incurred, Yorkville shall share in a portion of the resulting premium increase for a term of five years. C. For any claims made by the Training Coordinator with respect to his/her employment, based on decisions implemented by OSWEGO following consultation with YORKVILLE, the liability, if any, for such claims shall be shared by the Municipality on the following basis: OSWEGO 50% and YORKVILLE 50%. A settlement offered for a claim with shared liability shall be agreed to by both Municipalities. The Municipality incurring such liability shall promptly issue an invoice to the other Municipality itemizing the payments to be reimbursed. The other Municipality shall pay the amount invoiced within sixty (60) days after receipt of the invoice. If any Municipality should learn or become aware of any claim or possible claim it shall notify the other Municipality immediately. For all other claims made by the Training Coordinator with respect to his/her employment based on the acts or omissions of a Municipality, such claims shall not create liability to the other Municipality. Each Municipality hereby indemnifies and holds harmless the other Municipality against and from any liability, Page 4 of 6 claim, cost, or expenses (including without limitation court costs and attorney’s fees) resulting from, relating or with respect to, actions taken or omissions of the Indemnifying Municipality. 8.Term of Agreement (A) The term of this intergovernmental agreement shall begin with the execution of this Agreement by both parties and shall remain in force and effect until December 31, 2028, unless terminated for convenience by either OSWEGO or YORKVILLE. Notice of intent to cancel this agreement for convenience shall be served in writing by the terminating party not less than 6 months prior to termination date. (B) This Agreement may also be terminated immediately if one party commits any material breach or material default in the performance of any obligation under this agreement (other than the payment of money as set forth in Section 4 ).” 9.Amendment Any terms or conditions of this Agreement may be deleted or altered only by written amendment or modification to this Agreement, duly executed by each Municipality. 10.Severability If any provision of this Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable in any particular case or in all cases for any reason, this shall not render the provision in question inoperative or unenforceable in any other case or circumstances, or render any other provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in the Agreement shall not affect the remaining portions of the Agreement or any part thereof. 12.Assignment/Binding Effect Neither party may assign its respective rights and duties hereunder except upon prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives, and successors in interest. 13.Post Termination Upon termination of this Agreement, OSWEGO must promptly deliver all final statements of YORKVILLE’S allocated share of the personnel costs incurred through the date of termination for reimbursement as stated above. Provided, however, that monetary obligations that are incurred or accrued prior to the date of termination shall survive the termination of the Agreement and shall constitute continuing obligations until satisfied in full. 14.Notices Notices to the parties shall be in writing and delivered by personal service or by the U.S.P.S. certified or registered mail, postage prepaid, to the parties at the following addresses: If to the Village:Village Administrator & Chief of Police Village of Oswego Page 5 of 6 100 Parkers Mill Oswego, Illinois 60543 With a copy to: David Silverman Mahoney, Silverman & Cross 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 If to the City: City Administrator & Chief of Police United City of Yorkville 651 Prairie Point Drive Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 Either party may change the address for notices to such party by giving written notice to the other party. Notice given by personal service shall be effective upon the dated delivered notice, if delivered or the date of attempted delivery, if refused. Notice given by mail shall be effective on the third business day following the posting. 15.Entire Agreement This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, and merged herein. This Agreement may be modified only by written instrument executed by the parties. Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. Village of Oswego, Kendall and Will Counties, Illinois, a municipal corporation By: ___________________________________ Village President Attest: _____________________________ Village Clerk United City of Yorkville, Kendall County, Illinois, a municipal corporation By: __________________________________ Mayor Attest: _______________________________ City Clerk Administration Department Training Coordinator Grade VI 2023 1 Job Description Position Title:Training Coordinator Reports to:Chief of Police FLSA Status:Non-exempt Status:Regular Full-Time – Shared Position with Yorkville Grade:VI Hours of Work:Primarily regular dayshift office hours with some evening and weekend work as needed Statement of Duties Position performs duties to plan, evaluate and coordinate training of all staff of the Oswego and Yorkville Police Departments. Ensure training complies with all relevant and required training for public safety employees pursuant to local MTU and ILETSB standards. In addition, the Training Coordinator will verify compliance with Illinois Police Accreditation and CALEA accreditation. Supervision and Responsibilities Employee works under the general supervision of the Chief of Police. Employee plans and carries out regular work in accordance with standard practices and previous training, with substantial responsibility for determining the sequence and timing of action and substantial independence in planning and organizing work activities, including determining the work methods. The employee is expected to solve, through experienced judgment, most problems of detail or unusual situations by adapting methods or interpreting instructions to resolve the particular problem. Instructions for new assignments or special projects usually consist of statements of desired objectives, deadlines, and priorities. Technical and policy problems or changes in procedures are discussed with the supervisor. Work is generally reviewed for technical adequacy, appropriateness of actions or decisions, and conformance with policy or other requirements; the methods used in arriving at the end result are not usually reviewed in detail. Employee has regular access to a wide variety of confidential information including Administration Department Training Coordinator Grade VI 2023 2 personnel reports and information. Errors can result in legal percussions, adverse public relations, and risk loss of the Department’s accreditation status. Job Environment Work requires examining, analyzing, and evaluating facts and circumstances surrounding individual problems, situations or transactions, and determining actions to be taken within the limits of standard or accepted practices. Guidelines include a large body of policies, practices, and precedents that may be complex or conflicting at times. Judgment is used in analyzing specific situations to determine appropriate actions. Position has interactions mainly with internal co-workers and requires ordinary courtesy and tact to give and receive information regarding work. Contacts with the public may be required on an occasional basis. Other contacts may be with governmental agencies and possibly vendors for the purpose of giving or receiving information and assistance in coordinating work. Contact usually occurs in person, in writing, or on the telephone. Position Functions 1. Prepares and executes annual training calendar for all police department personnel in compliance with federal and state regulations, local MTU regulations, department policy, Illinois Police Accreditation requirements and CALEA accreditation requirements. In addition, this position is responsible for the scheduling, planning, organization, coordination and documentation of all departmental training. 2. Recommends new training or modifications in training based on evolving best practices, law changes, new technology and/or community and department need. 3. Maintains a current understanding of all rules, regulations and policies related to police department training. Recommends revisions to internal policies and procedures. Ensure the department(s) maintain compliance with all relevant regulations related to training. 4. Prepares department training budget. Tracks all training-related expenditures, including travel associated with training. Manages all equipment and resources necessary for training. 5. Monitors and tracks employee training. Develops and maintains training reports and training documentation. Refers employee training deficiencies to appropriate supervisor. 6. Secures necessary training resources, including securing and managing vendor contracts in accordance with City/Village policy. 7. Identifies and applies for public safety grants. Administration Department Training Coordinator Grade VI 2023 3 Physical and Mental Requirements Employee works in a moderately loud office environment and is required to stand, walk, sit, talk, listen, and use hands while performing duties. Employee occasionally lifts up to 10 lbs., and seldom lifts up to 30 lbs. Normal vision is required for this position. Equipment operated includes office machines, and computers. Occupational Risk Duties generally do not present occupational risk. Minor injury could occur, however, through employee failure to properly follow common safety precautions or procedures. Education and Experience A candidate for this position must have an Associate’s Degree (Bachelor’s Degree preferred but not required) in criminal justice or related field, plus three years in police or municipal government experience or equivalent combination of education and experience. Required Certifications A valid driver’s license is required. Key Knowledge and Skills Knowledge of: x Modern office practices and procedures x Department operations, policies, and procedures x Local ordinances, state laws and municipal operations Skill and ability in: x Communication, customer service and interacting tactfully with the public and co- workers x Maintain accurate, detailed records and information x Prioritize work and perform multiple tasks simultaneously x Keep privileged information and communication in a confidential manner x Work independently and as a team member x Use of computer software programs and office applications x Prioritize and perform multiple work tasks in a detailed and efficient manner x Organize and maintain accurate and detailed records The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from Administration Department Training Coordinator Grade VI 2023 4 the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #6 Tracking Number CC 2023-35 2023 Website Redesign – Design Concept Review Special City Council – May 30, 2023 None Informational A discussion will take place. Erin Willrett Administration Name Department Summary Discussions on the website redesign process including the Design Concept Review. Background Civic Plus has been the city’s website provider since 2014. The redesign process is built-in to the agreement to occur every 48 months at no additional cost. The last redesign was in the summer of 2020. Since Fall of 2022, staff from all departments have been collaborating on all elements of the new redesign. All content will remain the same, but the look of the website will be reimagined. The focus is on accessibility, service, and transparency. Staff is trying to make it as easy as possible for the public to navigate the website and provide documents within an easy-to-find manner. To meet the goals of the timeline of the new website design roll-out of summer 2023, Civic Plus has provided the attached Design Concept of the website. With the approval of the Mood Board and Proposed Layouts, the website engineers have moved on to focus on the aesthetics and visual design of the website. Attached is the proposed design Concept for the City’s website. Comments from the staff redesign team are below: x There are 2 banner options – blue or red – staff is 50/50 on preference. x A google translate button will be included on the main page so that the site can be easily translated at the click of a button. x Have the logo and/or “United City of Yorkville” more prominent on the main page (maybe overlaid on the photo). x Add the hours of operation by the address line at the bottom of the page. x Add Agenda/Minutes to the quick link button, also a Garbage/Recycling quick link. At this time, staff is looking for general feedback on the Design Concept. However, any general feedback on the website is also welcomed. When the Design Concepts are approved, Civic Plus will then build the draft webpage and include a mobile view review. It is important to note that more than half of our website traffic is viewed from a mobile device, so we will want to make sure that the new design is easy to navigate and provides mobile responsiveness. Recommendation No further action at this time is recommended. Discussion only. Memorandum To: Administration Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: May 17, 2023 Subject: 2023 Website Redesign – Design Concept Review Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #7 Tracking Number CC 2023-36 Playground Equipment Purchase Special City Council – May 30, 2023 PB – 05/18/23 Supermajority (6 out of 9) Approval Tim Evans Parks and Recreation Name Department Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Scott Sleezer, Supt. of Parks Date: May 23, 2023 Subject: Playground Equipment Purchase Proposal & Budget Amendment Subject Playground Equipment Purchase Proposal and Budget Amendment Background As part of the Fiscal Year 2023 & 2024 Parks and Recreation Capital Budgets, the City has allocated funds for P&R staff to purchase and install new playground equipment at five (5) City park sites. These sites are Rice, Prestwick, Kiwanis, Sleezer and Countryside. The playground equipment for Kiwanis, Sleezer and Countryside was approved by the Council and ordered in December 2022 (FY 2023). Pictures of the playground equipment for each site is attached. Since the equipment was not delivered prior to the end of FY 2023 (April 30th), staff has attached a proposed budget amendment that reallocates $180,000 to the Park Improvements line item (25-225-60-00-6010) in FY 2024. As noted on page 3 of Schedule A, total FY 2023 projected capital outlay expenditures for Parks & Recreation Capital is $380,084, which is $213,572 less than the budgeted amount of $593,656. When netted against the proposed amount of $180,000 being transferred to FY 2024, adjusted FY 2023 budgetary savings would be $33,572. As for Rice and Prestwick Parks, staff has been working with Zenon Company on a proposal for two (2) new playground equipment purchases. Quotes attached. Like last year’s playground purchases, staff is recommending the Council approve a sole source purchase, since combining the playground equipment purchases together saves the Department thousands of dollars. As shown in the attached playground replacement schedule, Rice has reached its designated, useful lifespan. Prestwick is a new playground purchase and is part of the subdivision agreement between the developer and the City. Rice Park is located at 545 Poplar Drive, in the River’s Edge subdivision. Prestwick is an undeveloped park, located at the corner of Prestwick and Pennman in the Raintree subdivision. Both of these playground purchases and installation funds for the five (5) parks sites are already included in the FY 2024 Budget. In regard to the possible Countryside park site, with Congregational Church recently approving to move forward with the proposed Countryside park site partnership with the City, staff would like to purchase the shelter immediately. Shelter quote is attached. Recommendation Parks & Recreation staff seeks City Council approval of the following: 1) Sole source purchase of the two (2) playground equipment pieces for Rice and Prestwick park sites in an amount not to exceed $143,547.70 from Zeon Company (included in FY 24 Budget). 2) The Countryside shelter purchase from ParKreation in the amount of $37,748 (included in FY 24 Budget). 3) Budget amendment of $180,000 to reallocate funds initially included in the Fiscal Year 23 Budget, for the purchase of the Kiwanis, Sleezer and Countryside playground equipment. Ordinance No. 2023-____ Page 1 Ordinance No. 2023-____ AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO THE ANNUAL BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR COMMENCING ON MAY 1, 2023 AND ENDING ON APRIL 30, 2024 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2023-14 on April 25, 2023 adopting an annual budget for the fiscal year commencing on May 1, 2023 and ending on April 30, 2024; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the Vehicle & Equipment fund with respect to the United City of Yorkville’s 2023-2024 Budget are hereby approved. Section 2: This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No. 2023-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of ___________________, 2023. ______________________________ CITY CLERK DAN TRANSIER ________ KEN KOCH ________ CRAIG SOLING ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ MATT MAREK ________ SEAVER TARULIS ________ RUSTY CORNEILS ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of ___________________, 2023. ______________________________ MAYOR FY 2023 Revised FY 2024 FY 2024 FY 2021 FY 2022 Adopted FY 2023 Adopted Amended Actual Actual Budget Projected Budget Budget Revenue Licenses & Permits 278,131$ 122,101$ 110,500$ 159,000$ 129,000$ 129,000$ Fines & Forfeits 3,998 7,529 6,800 9,050 7,300 7,300 Charges for Service 1,231,404 423,071 896,070 932,985 1,548,477 1,548,477 Investment Earnings 150 105 - - - - Reimbursements 9,190 22,860 40,000 102,096 - - Miscellaneous 1,920 323 500 1,594 500 500 Other Financing Sources 13,927 35,598 52,000 111,494 126,000 126,000 Total Revenue 1,538,720$ 611,587$ 1,105,870$ 1,316,219$ 1,811,277$ 1,811,277$ Expenditures Contractual Services 926$ 533$ 56,100$ 46,616$ 38,100$ 38,100$ Supplies 3,643 24,088 87,483 76,492 18,618 18,618 Capital Outlay 488,481 609,564 2,020,070 1,186,148 2,550,500 2,730,500 Debt Service 71,571 71,570 71,570 71,570 71,570 71,570 Total Expenditures 564,621$ 705,755$ 2,235,223$ 1,380,826$ 2,678,788$ 2,858,788$ Surplus (Deficit)974,099$ (94,168)$ (1,129,353)$ (64,607)$ (867,511)$ (1,047,511)$ Ending Fund Balance 1,485,791$ 1,391,622$ 359,643$ 1,327,015$ 300,973$ 279,504$ 263.1% 197.2% 16.1% 96.1% 11.2% 9.8% VEHICLE & EQUIPMENT FUND (25) $0 $500 $1,000 $1,500 $2,000 ThousandsFund Balance 1 Schedule A 25 FY 2023 Revised FY 2024 FY 2024 FY 2021 FY 2022 Adopted FY 2023 Adopted Amended Account Actual Actual Budget Projected Budget Budget 25-000-41-00-4170 STATE GRANTS 9,490$ 9,590$ -$ 28,500$ 19,000$ 19,000$ 25-000-42-00-4215 DEVELOPMENT FEES - POLICE CAPITAL 69,450 23,250 30,000 30,000 30,000 30,000 25-000-42-00-4217 WEATHER WARNING SIREN FEES 2,441 1,411 1,000 - 500 500 25-000-42-00-4218 ENGINEERING CAPITAL FEES 22,400 21,800 10,000 23,000 10,000 10,000 25-000-42-00-4219 DEVELOPMENT FEES - PW CAPITAL 163,150 55,150 64,500 66,000 64,500 64,500 25-000-42-00-4220 DEVELOPMENT FEES - PARK CAPITAL 11,200 10,900 5,000 11,500 5,000 5,000 25-000-43-00-4315 DUI FINES 3,228$ 6,649$ 6,000$ 8,250$ 6,500$ 6,500$ 25-000-43-00-4316 ELECTRONIC CITATION FEES 770 880 800 800 800 800 25-000-44-00-4416 -$ -$ 55,000$ 56,000$ 30,000$ 30,000$ 25-000-44-00-4418 1,877 - 2,000 - 500 500 25-000-44-00-4419 COMMUNITY DEVELOPMENT CHARGEBACK - 110,395 - - - - 25-000-44-00-4420 218,334 91,732 47,825 47,825 110,173 110,173 25-000-44-00-4421 622,551 108,000 549,408 549,408 1,113,569 1,113,569 25-000-44-00-4427 PARKS & RECREATION CHARGEBACK 385,000 88,866 154,854 204,854 276,117 276,117 25-000-44-00-4428 COMPUTER REPLACEMENT CHARGEBACK 3,642 24,078 86,983 74,898 18,118 18,118 25-000-45-00-4522 150$ 105$ -$ -$ -$ -$ 25-000-46-00-4692 9,190$ -$ 40,000$ 102,096$ -$ -$ 25-000-46-00-4695 - 22,860 - - - - 25-000-48-00-4850 -$ 42$ -$ -$ -$ -$ 25-000-48-00-4852 666 208 - - - - 25-000-48-00-4854 665 - 500 1,594 500 500 25-000-48-00-4855 589 73 - - - - 500$ United City of Yorkville Vehicle & Equipment Fund 129,000$ 7,300$ 1,548,477$ -$ -$ 1,920$ 323$ 500$ 1,594$ 500$ Total:Miscellaneous Miscellaneous MISCELLANEOUS INCOME -GEN GOVT MISCELLANEOUS INCOME - PARK CAPITAL MISCELLANEOUS INCOME - POLICE CAPITAL MISCELLANEOUS INCOME - PW CAPITAL 1,548,477$ Reimbursements 9,050$ 122,101$ 932,985$ 423,071$ 105$ 159,000$ POLICE CHARGEBACK PUBLIC WORKS CHARGEBACK 896,070$ Fines & Forfeits Fines & Forfeits 3,998$ 278,131$ 102,096$ -$ Investment Earnings Total:Reimbursements 9,190$ 22,860$ -$ 40,000$ INVESTMENT EARNINGS - PARK CAPITAL MISCELLANEOUS REIMB - POLICE CAPITAL MISCELLANEOUS REIMB - PARK CAPITAL -$ -$ Total: 110,500$ 7,529$ 6,800$ Total:Investment Earnings 150$ 129,000$ 7,300$ VEHICLE & EQUIPMENT FUND REVENUE Description Licenses & Permits Total:Licenses & Permits Charges for Service BUILDING & GROUNDS CHARGEBACK Total:Charges for Service 1,231,404$ MOWING INCOME 2 25 FY 2023 Revised FY 2024 FY 2024 FY 2021 FY 2022 Adopted FY 2023 Adopted Amended Account Actual Actual Budget Projected Budget Budget United City of Yorkville Vehicle & Equipment Fund VEHICLE & EQUIPMENT FUND REVENUE Description 25-000-49-00-4920 8,015$ 695$ -$ 10,156$ 6,000$ 6,000$ 25-000-49-00-4921 - 30,903 52,000 40,495 116,000 116,000 25-000-49-00-4922 5,912 4,000 - 27,000 4,000 4,000 25-000-49-00-4972 - - - 33,843 - - 126,000$ 1,811,277$ 111,494$ 126,000$ Total: VEHICLE & EQUIP REVENUE 1,538,720$ 611,587$ 1,105,870$ 1,316,219$ 1,811,277$ Total:Other Financing Sources 13,927$ 35,598$ 52,000$ SALE OF CAPITAL ASSETS - POLICE CAPITAL SALE OF CAPITAL ASSETS - PW CAPITAL TRANSFER FROM LAND CASH SALE OF CAPITAL ASSETS - PARK CAPITAL Other Financing Sources 3 225 FY 2023 Revised FY 2024 FY 2024 FY 2021 FY 2022 Adopted FY 2023 Adopted Amended Account Actual Actual Budget Projected Budget Budget 25-225-54-00-5495 OUTSIDE REPAIR & MAINTENANCE -$ -$ 1,600$ -$ 1,600$ 1,600$ 25-225-60-00-6010 PARK IMPROVEMENTS 50,131$ 90,890$ 310,000$ 28,855$ 315,000$ 495,000$ 25-225-60-00-6060 EQUIPMENT 57,758 48,732 73,156 100,958 77,000 77,000 25-225-60-00-6070 VEHICLES 59,135 - 210,500 250,271 38,000 38,000 25-225-92-00-8000 1,619$ 1,818$ 1,739$ 1,739$ 1,803$ 1,803$ 25-225-92-00-8050 INTEREST PAYMENT 556 356 435 435 371 371 1,600$ 610,000$ 2,174$ 613,774$ Total: PARK & REC CAPITAL EXPENDITURES 169,199$ 141,796$ 597,430$ 382,258$ 433,774$ 167,024$ 139,622$ 380,084$ 430,000$ Debt Service - Public Works Building Total:Debt Service - PW Building 2,175$ 2,174$ 2,174$ 2,174$ 2,174$ 593,656$ PRINCIPAL PAYMENT Total:Capital Outlay PARKS & RECREATION CAPITAL EXPENDITURES Description Capital Outlay Contractual Services Total:Contractual Services -$ -$ 1,600$ -$ 1,600$ United City of Yorkville Vehicle & Equipment Fund 4 Playground Replacement Schedule The industry standard for the useful life of a playground is fifteen to twenty years. We are scheduling replacement at between eighteen to twenty years. Yorkville playgrounds are inspected and maintained regularly. Depending on manufacture and parts availability, replacement will be on a case by case basis. Three percent has been added for every year to compensate for manufacturing increases and inflation. These costs do not include playground removal and installation. Site Installed Date Replacement Date Cost Estimate Sleezer 2002 2020 $80k Kiwanis 2004 2022 $100k Rice 2004 2022 $82k Rotary 2004 2022 $100k Cannonball 2005 2023 $105k Gilbert 2005 2023 $60k Sunflower 2006 2024 $85k Bridge 2006 2024 $70k Raintree A 2006 2024 $70k Stepping Stones 2007 2025 $100k Bristol Station 2007 2025 $125k Riemenschnider 2007 2025 $125k Hiding Spot 2007 2025 $135k Cobb 2008 2026 $65k Heartland Circle 2008 2026 $128k Greens 2008 2026 $120k Bristol Bay A 2010 2028 $125k Raintree B 2011 2029 $135k Grande Reserve B 2014 2034 $95k Riverfront 2017 2037 $150k Windett Ridge 2018 2038 $78k Caledonia 2020 2040 $75K Autmun Creek 2020 2040 $75K Purcell Park 2020 2040 $75K Beecher Park 2020 2040 $150K Price 2022 2041 $100K Fox Hill 2022 2041 $100K PRESTWICK PARK 2ASITE PLANADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCERAMP ACCESSIBLEGROUNDTYPESACCESSIBLEELEVATED70/40/09/22/2MixedTypesFOR KIDSAGES[Mixed]GENERAL NOTESThis Preliminary Site Plan isbased on measurements thatwere provided in the initialplanning phase. Alldimensions must be verifiedprior to the submission of apurchase order. PlaycraftSystems will not be heldresponsible for anydiscrepancies between actualdimensions and dimensionssubmitted in the planningphase.The Minimum Use Zone for aplay structure is based on theproduct design at the time ofproposal. Components andstructure designs may besubject to change which mayaffect dimensions. Therefore,before preparing the site, westrongly recommend obtainingfinal drawings from the factory(available after the order isplaced and included in theAssembly Manual).WARNING: Accessible safetysurfacing material is requiredbeneath and around thisequipment that has a criticalheight value (Fall Height)appropriate for the highestaccessible part of thisequipment. Refer to theCPSC'S Handbook For PublicPlayground Safety, Section 4:Surfacing.PROJECT #ZCY23286ECADATE3/23/2023Zenon CompanyMIN. USE ZONE86' x 48' QUOTE ZENON COMPANY Date: 4/13/2023 Martin Marion Project Name: Yorkville - Prestwick Park 3F 400 W. Dundee Rd Updated:April 13, 2023 Buffalo Grove, IL 60089 marty@zenoncompany.com (847) 215-6050 (847) 215-6142 Billing Address:Project Shipping Address: Company:Yorkville Parks & Recreation Dept.Company:Same Contact:Ryan Horner Contact: Address:201 W. Hydraulic Ave.Address: Yorkville, IL 60560 Phone:630-553-4370 Phone: Email:rhorner@yorkville.il.us Email: Item Qty Model Description Price Total 1.00 R5021DF9 A Playground - Custom Playstructure $53,079.30 $53,079.30 1.00 2181 Playground - Swings - 2 belt, 1 bucket, 1 inclusive seat $4,933.80 $4,933.80 Subtotal: $58,013.10 Sales Tax: $0.00 Shipping: $4,750.00 Add’l: $0.00 Total $62,763.10 Notes Freight charge is based upon this project being shipped together with Rice Park. Additional shipping charges will be incurred if shipped separately. Lead Time: 24 – 26 weeks Terms are net 30 with approved credit. Deposit may be required. This quote is good for 30 days. Sales Tax will be added if applicable. Customer is responsible for unloading materials off of truck. Please call if you have questions. Z10c PRESTWICK PARK 2ASE VIEWR5FOR KIDSAGES5-12STRUCTURE #NF56BB5DAPROJECT #ZCY23286ECADATE3/23/2023 PRESTWICK PARK 2ANE VIEWR5FOR KIDSAGES5-12STRUCTURE #NF56BB5DAPROJECT #ZCY23286ECADATE3/23/2023 PRESTWICK PARK 2ASW VIEWFOR KIDSAGES2-12STRUCTURE #FREPC2181PROJECT #ZCY23286ECADATE3/23/2023 Rice Park 3SITE PLANADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCERAMP ACCESSIBLEGROUNDTYPESACCESSIBLEELEVATED1010/50/020/36/3MixedTypesFOR KIDSAGES[Mixed]GENERAL NOTESThis Preliminary Site Plan isbased on measurements thatwere provided in the initialplanning phase. Alldimensions must be verifiedprior to the submission of apurchase order. PlaycraftSystems will not be heldresponsible for anydiscrepancies between actualdimensions and dimensionssubmitted in the planningphase.The Minimum Use Zone for aplay structure is based on theproduct design at the time ofproposal. Components andstructure designs may besubject to change which mayaffect dimensions. Therefore,before preparing the site, westrongly recommend obtainingfinal drawings from the factory(available after the order isplaced and included in theAssembly Manual).WARNING: Accessible safetysurfacing material is requiredbeneath and around thisequipment that has a criticalheight value (Fall Height)appropriate for the highestaccessible part of thisequipment. Refer to theCPSC'S Handbook For PublicPlayground Safety, Section 4:Surfacing.PROJECT #Rice Park 3DATE3/23/2023Zenon CompanyMIN. USE ZONE77' x 68' QUOTE ZENON COMPANY Date: 4/13/2023 Martin Marion Project Name: Yorkville - Rice Park 3F 400 W. Dundee Rd Updated:April 13, 2023 Buffalo Grove, IL 60089 marty@zenoncompany.com (847) 215-6050 (847) 215-6142 Billing Address:Project Shipping Address: Company:Yorkville Parks & Recreation Dept.Company:Same Contact:Ryan Horner Contact: Address:201 W. Hydraulic Ave.Address: Yorkville, IL 60560 Phone:630-553-4370 Phone: Email:rhorner@yorkville.il.us Email: Item Qty Model Description Price Total 1.00 NF5BD1AA A Playground - Custom Playstructure $62,177.40 $62,177.40 1.00 R50D9975 A Playground - Custom Playstructure $9,576.00 $9,576.00 1.00 PC1450 Custom - Butterfly structure $1,636.20 $1,636.20 1.00 131410 Inclusive Seat $945.00 $945.00 Subtotal: $74,334.60 Sales Tax: $0.00 Shipping: $6,450.00 Add’l: $0.00 Total $80,784.60 Notes Freight charge is based upon this project being shipped together with Prestwick Park. Additional shipping charges will be incurred if shipped separately. Lead Time: 24 – 26 weeks Terms are net 30 with approved credit. Deposit may be required. This quote is good for 30 days. Sales Tax will be added if applicable. Customer is responsible for unloading materials off of truck. Please call if you have questions. Z10c Rice Park 3SW VIEWR5FOR KIDSAGES5-12STRUCTURE #NF5BD1AAAPROJECT #Rice Park 3DATE3/23/2023 Rice Park 3SE VIEWR5FOR KIDSAGES5-12STRUCTURE #NF5BD1AAAPROJECT #Rice Park 3DATE3/23/2023 Rice Park 3NW VIEWR5FOR KIDSAGES5-12STRUCTURE #NF5BD1AAAPROJECT #Rice Park 3DATE3/23/2023 Rice Park 3SW VIEWR5FOR KIDSAGES2-12STRUCTURE #1PROJECT #Rice Park 3DATE3/23/2023 Rice Park 3SW VIEWFOR KIDSAGES2-12STRUCTURE #1PROJECT #Rice Park 3DATE3/23/20232QO\SXUFKDVLQJWKH,QFOXVLYHVZLQJ From:Tim Evans To:Tim Evans Subject:FW: Crossroads ICON shelter Date:Tuesday, May 23, 2023 11:33:19 AM Attachments:image001.png image002.png From: Paul Gozder <Paul@parkreation.com> Sent: Friday, April 28, 2023 7:58 AM To: Scott Sleezer <ssleezer@yorkville.il.us> Subject: Crossroads ICON shelter Scott- Good morning and good Friday….. I have some cost information for you on the shelter requests; ICON # RG26X40M-P4 26’ x 40’ rectangle gable (6) columns Pre-cut multi-rib metal roof over steel frame 4:12 roof pitch e-coat / powder coat paint process anchor bolts and necessary hardware included materials $ 40,220 GoodBuy co-op $ -4,022 Engineering $ 250 Freight $ 1,300 Total $ 37,748 Allow 4 weeks for engineering Allow 14 weeks for fabrication after approvals Please let me know how this looks and if you would like any preliminary drawings. Thank you - Paul Gozder Parkreation, Inc. (815) 735-1497 paul@parkreation.com www.parkreation.com Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #8 Tracking Number CC 2023-37 Ordinance Authorizing the Issuance of the 2023 Water Bonds Special City Council – May 30, 2023 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2023. Background This item was last discussed at the May 9th meeting when City Council formally approved engagement letters for the City’s financial advisor (Speer Financial) and bond counsel (Saul Ewing). Prior to that, at the April 25th meeting, Council adopted a reimbursement resolution for the purposes of reimbursing the City’s (51) Water Fund for anticipated costs associated with the 2023 water main replacement program (which is currently underway as of May 1st) and the Well #10 project (slated for this Fall). As previously noted, this resolution will serve two primary purposes: (1) it allows the City to reimburse itself with future bond proceeds on any project related costs incurred 60-days prior to the passage of the reimbursement resolution; and (2) allows the City to issue a bond at any point over the next 18 months (thru October 2024) from the resolution’s date of passage. The next step in the issuance process would be the passage of an Intent to Issue Ordinance (i.e., the “Authorizing Ordinance”). The Authorizing Ordinance first authorizes the City to issue water revenue bonds but then provides that, under the Debt Reform Act, the City can issue ARS bonds in lieu of its water revenue bonds. The Authorizing Ordinance sets out that because water revenue bonds have been authorized, the City can issue its ARS bonds in lieu thereof in compliance with the Debt Reform Act. Moreover, the Authorizing Ordinance (Exhibit A), establishes the maximum amount of principal that could be issued, which is presently capped in the ordinance at $11 million. As shown in attached debt service schedule (Exhibit C), the bonds are currently shown to provide a total of $10 million in proceeds ($9.95 million in principal, plus a premium of $165,034, less issuance costs of $115,034). However, Council always reserves the right to issue the bonds for more (up to $11 million) or less than that amount, should it choose to do so. Besides setting the maximum principal amount for the potential bond issue, the Authorizing Ordinance also establishes what projects the City may use the bond proceeds on. In order to give the City as much flexibility as possible, the parameters are fairly extensive, whereby these potential bond proceeds could be spent on “replacing existing water mains (2023 water main replacement program), constructing a new well, modifying the existing raw water main and water treatment plant (Well #10 project) and other capital improvements relating to the (Water) System”. Furthermore, the Authorizing Ordinance identifies the specific revenues pledged for the repayment of the proposed bond issue. Under the Illinois Local Government Debt Reform Act, alternate revenue source (ARS) bonds can be issued whenever revenue bonds, such as water revenue bonds, have been authorized to be issued. The ARS bonds require a revenue pledge equal to 125% of annual debt service Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 24, 2023 Subject: Ordinance Authorizing the Issuance of the 2023 Bonds amounts (unless the revenue source is a “governmental revenue source” payable from the State of Illinois or the federal government, in which case the requirement is reduced to 110%). This revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance, which requires the City to show that the revenue(s) being used to support debt service payments meet or exceed the 125% threshold. The pledged revenues for the proposed 2023 bonds are considered “enterprise revenues” consisting of (1) Water Fund net revenues (i.e., revenues less operating expenses) from the City’s water system; (2) any revenues derived from a places of eating tax; and (3) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (i.e., a portion of fund equity can be used to cover the additional 25% pledge requirement over actual debt service amounts at 100%. This caveat is not particularly relevant to this specific bond issue, but will become increasingly important in future fiscal years as the City issues greater amounts of debt in conjunction with the financing needs of the DWC/water sourcing project. By allowing a portion of equity to be as part of the revenue pledge, the City will be able to generate less revenue than it otherwise would have had this option not been put in place. In other words, a lower revenue pledge should help to offset future water rate increases, although the exact impact on rate payers remains to be determined). In regard to the places of eating tax pledge (#2) in the previous paragraph, please note that even though this tax is specified as a revenue pledge for the proposed bonds, the passage of the Authorizing Ordinance does not require the City to adopt a places of eating tax. Likewise, the issuance of the proposed bond is not dependent on the passage of a places of eating tax. However, should Council desire to pledge this revenue stream for future debt issuances (WIFIA, IEPA Loans, etc.) relating to the DWC/Lake Michigan project, it would need to be included as a pledge for the 2023 bonds as well, as present and future bond holders would require that revenue pledges remain consistent (i.e., at parity) for all bonds supported by Water system revenues. A conclusive decision regarding the approval of a places of eating tax would need to be determined prior to Council adopting the final bond ordinance, presently scheduled for July 11th. As a final note, please be aware that Council would only need to adopt the places of eating tax ordinance. The actual implementation of the places of eating tax could be deferred to a later date in FY 2024, at Council’s discretion. Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient amount of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the ARS bonds would have to be put up for referendum on the March 19, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of June 2nd. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor will order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed 2023 bonds. A public notice of the BINA hearing will be published in the Beacon News on June 2nd. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. The BINA public hearing is scheduled to be held at the June 13th City Council meeting. Once the 30- day backdoor referendum period has expired (week of July 3rd), the final step in the process is for Council to adopt a parameters bond ordinance at the July 11th City Council meeting. Once the bond ordinance is passed, the bond sale will be held by the bond underwriters, which sale is tentatively scheduled between July 11th and the 13th. The final terms of the sold bonds will be memorialized by a bond order to be signed by the Mayor and the Treasurer and presented to the City Council. Attached are two preliminary debt service schedules (prepared by Speer Financial), which show estimated annual debt service amounts fluctuating between ~$625,000 to ~$675,000, depending on the timeframe (30-year or 25-year – Exhibits C & D) chosen to finance the project. Staff is currently recommending a 30-year time frame (as presented in the FY 24 Proposed Budget draft) in order to minimize cash outflows in anticipation of significant future borrowings related to the DWC/Lake Michigan water sourcing project. A preliminary timetable has also been attached (Exhibit E) outlining the issuance process, with a tentative closing date in early August. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2023. 41461234.3 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 30th day of May, 2023. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the enhancement of the City’s water delivery system, the City Council would consider the adoption of an ordinance authorizing the issuance of its water revenue bonds or, in lieu thereof, its general obligation alternate revenue bonds pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to issue such bonds. Exhibit A 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City has owned and operated a municipally-owned water supply system (the “System”) under and pursuant to the provisions of Division 129 of Article 11 of the Code; and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to enhance the System, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication costs and other expenses, does not exceed $11,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and 2 WHEREAS, pursuant to Article 8 and Article 11 of the Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Project (the “Revenue Bonds”), subject to right of backdoor petition for referendum; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law (as defined in the Debt Reform Act) to issue revenue bonds under the Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to issue (a) the Revenue Bonds in an aggregate amount not to exceed $11,000,000 payable from the revenue derived from the operation of the System, or (b) in lieu thereof, its general obligation alternate revenue bonds (the “Alternate Bonds”), which Alternate Bonds shall be in an aggregate amount not to exceed $11,000,000 and be payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund (the “Water Fund”), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Revenues”), as authorized to be issued at this time pursuant to the Debt Reform Act; and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Bonds, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Bonds; and 3 WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Bonds which are authorized to be issued pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, and in lieu of the issuance of its Revenue Bonds, the City is authorized to issue its Alternate Bonds in an aggregate principal amount not to exceed $11,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before Revenue Bonds or, in lieu thereof, the Alternate Bonds may be issued for said purpose, Division 129 of Article 11 of the Code and Section 15 of the Debt Reform Act require that the City Council must first adopt an Ordinance authorizing the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Issue Bonds. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose there are hereby authorized to be issued and sold by the City its Revenue Bonds in an aggregate principal amount not to exceed $11,000,000 or, in lieu thereof, its Alternate Bonds in an aggregate principal amount not to exceed $11,000,000. The issuance of the Revenue Bonds or, in lieu thereof, the 4 Alternate Bonds shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of a bond ordinance setting forth the terms for the issuance and sale thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once within ten (10) days after passage hereof by the City Council in the Beacon-News, the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,531 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City), asking that the question of the Project, as provided in this Ordinance, and the issuance of the Revenue Bonds therefor be submitted to the electors of this City is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Revenue Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Revenue Bonds shall be held on the 19th day of March, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. If no petition, signed by not less than 1,148 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the issuance of the Alternate Bonds be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Alternate Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Alternate Bonds shall be held on the 19th day of March, 2024 (being the next election held in accordance with the general election 5 law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. It is expressly provided that in the event there shall be filed with the City Clerk in a timely manner a petition, asking that the issuance of the Revenue Bonds be submitted to a referendum, the Alternate Bonds shall not be authorized to be issued until such time as the issuance of the Revenue Bonds shall have been submitted to the electors of the City and a majority of votes cast on such question shall have been in favor thereof. Section 4. Form of Notice. The notice of the intention to issue the Revenue Bonds or, in lieu thereof, the Alternate Bonds shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO ISSUE $11,000,000 REVENUE BONDS OR, IN LIEU THEREOF, $11,000,000 ALTERNATE REVENUE BONDS AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 30th day of May, 2023 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to issue its revenue bonds, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in an aggregate amount of not to exceed $11,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the such revenue bonds are sold (the “Revenue Bonds”) or, in lieu thereof, its general obligation alternate revenue bonds in an aggregate amount of not to exceed $11,000,000 (the “Alternate Bonds”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System. The revenue sources for the payment of the Alternate Bonds will be (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund. If these revenue sources are insufficient to pay the Alternate Bonds, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on the Alternate Bonds. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,531 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City) asking that the question of the Project, as provided in the Ordinance, and the issuance of the Revenue Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Revenue Bonds shall be held on the 19th day of March, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Revenue Bonds for the purpose hereinabove provided. Notice is further hereby further given that a petition may be filed with the City Clerk within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,148 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that the issuance of the Alternate Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election 2 on the proposition to issue the Alternate Bonds shall be held on the 19th day of March, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Alternate Bonds for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. DATED this 30th day of May, 2023. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois  Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the issuance and sale of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and prescribing all the details of the Revenue Bonds or, in lieu thereof, the Alternate Bonds, so long as the maximum amount of the Revenue Bonds or, in lieu thereof, the Alternate Bonds as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 30th day of May, 2023, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 30th day of May, 2023. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 30th day of May, 2023. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 30th day of May, 2023, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 30th day of May, 2023. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION –REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $11,000,000 revenue bonds to provide funds for the enhancement of the City’s water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto, as provided for by the Ordinance adopted by the City Council of said City on the 30th day of May, 2023, with the revenue sources to be used to pay the principal of and interest on said revenue bonds to be the revenues of the City’s water delivery system?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 19th day of March, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2023. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 30th day of May, 2023, notice of authorization of the City to issue not to exceed $11,000,000 Revenue Bonds was published on the day of , 2023, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said revenue bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this ____ day of , 2023. __________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $11,000,000 general obligation alternate revenue bonds to provide funds for the enhancement of the City’s water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto, as provided for by the Ordinance adopted by the City Council of said City on the 30th day of May, 2023, with the revenue sources to be used to pay the principal of and interest on said bonds to be (i) the net revenues derived from the operation of the City’s water delivery system, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund, unless said revenue sources are insufficient to pay said bonds, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 19th day of March, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2023. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 30th day of May, 2023, notice of authorization of the City to issue not to exceed $11,000,000 Alternate Revenue Bonds was published on the day of , 2023, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this ____ day of , 2023. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to sell not to exceed $11,000,000 General Obligation Alternate Revenue Bonds. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to sell bonds in the amount of not to exceed $11,000,000 (the “Bonds”) for the purpose of providing funds for the enhancement of the City’s water supply system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 13th day of June, 2023, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning the City Council’s intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the “Hearing”). Exhibit B -2- 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO SELL NOT TO EXCEED $11,000,000,000 GENERAL OBLIGATION ALTERNATE REVENUE BONDS  PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, KendallCounty, Illinois (the “City”), will hold a public hearing on the 13th day of June, 2023, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell general obligation alternate revenue bonds of the City in the amount of not to exceed $11,000,000 for the purpose of providing funds for the enhancement of the City’s water supply system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto. In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Agency Act, the City is encouraging social distancing by allowing remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at KWWSVZZZ\RUNYLOOHLOXV$JHQGDVဨ0LQXWHVဨ3DFNHWV. Each meeting generally has a phone number IRUDXGLRFDOOဨLQRUDYLGHRPHHWLQJOLQN5HVLGHQWVZKRDWWHQGWKHPHHWLQJYLD phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 30th day of May, 2023. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears above the name of the City Clerk. -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 30th day of May, 2023. MAYOR United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof of D/S for Arbitrage Purposes 5 Proof of Bond Yield @ 4.5601685%6 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. Exhibit C $10M Project / 30 Year / Preliminary i Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Sources & Uses Dated 08/02/2023 | Delivered 08/02/2023 Sources Of Funds Par Amount of Bonds $9,950,000.00 Reoffering Premium 165,034.05 Total Sources $10,115,034.05 Uses Of Funds Total Underwriter's Discount (0.330%)33,379.61 Costs of Issuance 80,000.00 Deposit to Project Construction Fund 10,000,000.00 Rounding Amount 1,654.44 Total Uses $10,115,034.05 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPagee 1 $10M Project / 30 Year / Preliminary m Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/02/2023 ----- 12/30/2023 --193,833.75 193,833.75 193,833.75 06/30/2024 --235,743.75 235,743.75 - 12/30/2024 155,000.00 5.000%235,743.75 390,743.75 626,487.50 06/30/2025 --231,868.75 231,868.75 - 12/30/2025 160,000.00 5.000%231,868.75 391,868.75 623,737.50 06/30/2026 --227,868.75 227,868.75 - 12/30/2026 170,000.00 5.000%227,868.75 397,868.75 625,737.50 06/30/2027 --223,618.75 223,618.75 - 12/30/2027 180,000.00 5.000%223,618.75 403,618.75 627,237.50 06/30/2028 --219,118.75 219,118.75 - 12/30/2028 190,000.00 5.000%219,118.75 409,118.75 628,237.50 06/30/2029 --214,368.75 214,368.75 - 12/30/2029 195,000.00 5.000%214,368.75 409,368.75 623,737.50 06/30/2030 --209,493.75 209,493.75 - 12/30/2030 205,000.00 5.000%209,493.75 414,493.75 623,987.50 06/30/2031 --204,368.75 204,368.75 - 12/30/2031 215,000.00 5.000%204,368.75 419,368.75 623,737.50 06/30/2032 --198,993.75 198,993.75 - 12/30/2032 230,000.00 5.000%198,993.75 428,993.75 627,987.50 06/30/2033 --193,243.75 193,243.75 - 12/30/2033 240,000.00 5.000%193,243.75 433,243.75 626,487.50 06/30/2034 --187,243.75 187,243.75 - 12/30/2034 250,000.00 5.000%187,243.75 437,243.75 624,487.50 06/30/2035 --180,993.75 180,993.75 - 12/30/2035 265,000.00 5.000%180,993.75 445,993.75 626,987.50 06/30/2036 --174,368.75 174,368.75 - 12/30/2036 275,000.00 5.000%174,368.75 449,368.75 623,737.50 06/30/2037 --167,493.75 167,493.75 - 12/30/2037 290,000.00 5.000%167,493.75 457,493.75 624,987.50 06/30/2038 --160,243.75 160,243.75 - 12/30/2038 305,000.00 4.250%160,243.75 465,243.75 625,487.50 06/30/2039 --153,762.50 153,762.50 - 12/30/2039 320,000.00 4.250%153,762.50 473,762.50 627,525.00 06/30/2040 --146,962.50 146,962.50 - 12/30/2040 330,000.00 4.500%146,962.50 476,962.50 623,925.00 06/30/2041 --139,537.50 139,537.50 - 12/30/2041 345,000.00 4.500%139,537.50 484,537.50 624,075.00 06/30/2042 --131,775.00 131,775.00 - 12/30/2042 360,000.00 4.500%131,775.00 491,775.00 623,550.00 06/30/2043 --123,675.00 123,675.00 - 12/30/2043 380,000.00 4.500%123,675.00 503,675.00 627,350.00 06/30/2044 --115,125.00 115,125.00 - 12/30/2044 395,000.00 4.500%115,125.00 510,125.00 625,250.00 06/30/2045 --106,237.50 106,237.50 - 12/30/2045 415,000.00 4.500%106,237.50 521,237.50 627,475.00 06/30/2046 --96,900.00 96,900.00 - 12/30/2046 430,000.00 4.750%96,900.00 526,900.00 623,800.00 06/30/2047 --86,687.50 86,687.50 - 12/30/2047 450,000.00 4.750%86,687.50 536,687.50 623,375.00 06/30/2048 --76,000.00 76,000.00 - 12/30/2048 475,000.00 4.750%76,000.00 551,000.00 627,000.00 06/30/2049 --64,718.75 64,718.75 - 12/30/2049 495,000.00 4.750%64,718.75 559,718.75 624,437.50 06/30/2050 --52,962.50 52,962.50 - 12/30/2050 520,000.00 4.750%52,962.50 572,962.50 625,925.00 06/30/2051 --40,612.50 40,612.50 - 12/30/2051 545,000.00 4.750%40,612.50 585,612.50 626,225.00 06/30/2052 --27,668.75 27,668.75 - 12/30/2052 570,000.00 4.750%27,668.75 597,668.75 625,337.50 06/30/2053 --14,131.25 14,131.25 - 12/30/2053 595,000.00 4.750%14,131.25 609,131.25 623,262.50 Total $9,950,000.00 -$9,005,408.75 $18,955,408.75 - Yield Statistics Bond Year Dollars $191,600.56 Average Life 19.256 Years Average Coupon 4.7000953% Net Interest Cost (NIC)4.6313823% True Interest Cost (TIC)4.5936103% Bond Yield for Arbitrage Purposes 4.5601685% All Inclusive Cost (AIC)4.6604209% IRS Form 8038 Net Interest Cost 4.6086070% Weighted Average Maturity 18.964 Years 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPagee 2 $10M Project / 30 Year / Preliminary oject / 30 Year / Preliminar Debt Service ScheduleService Schedu Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2023 --193,833.75 193,833.75 193,833.75 12/30/2024 155,000.00 5.000%471,487.50 626,487.50 626,487.50 12/30/2025 160,000.00 5.000%463,737.50 623,737.50 623,737.50 12/30/2026 170,000.00 5.000%455,737.50 625,737.50 625,737.50 12/30/2027 180,000.00 5.000%447,237.50 627,237.50 627,237.50 12/30/2028 190,000.00 5.000%438,237.50 628,237.50 628,237.50 12/30/2029 195,000.00 5.000%428,737.50 623,737.50 623,737.50 12/30/2030 205,000.00 5.000%418,987.50 623,987.50 623,987.50 12/30/2031 215,000.00 5.000%408,737.50 623,737.50 623,737.50 12/30/2032 230,000.00 5.000%397,987.50 627,987.50 627,987.50 12/30/2033 240,000.00 5.000%386,487.50 626,487.50 626,487.50 12/30/2034 250,000.00 5.000%374,487.50 624,487.50 624,487.50 12/30/2035 265,000.00 5.000%361,987.50 626,987.50 626,987.50 12/30/2036 275,000.00 5.000%348,737.50 623,737.50 623,737.50 12/30/2037 290,000.00 5.000%334,987.50 624,987.50 624,987.50 12/30/2038 305,000.00 4.250%320,487.50 625,487.50 625,487.50 12/30/2039 320,000.00 4.250%307,525.00 627,525.00 627,525.00 12/30/2040 330,000.00 4.500%293,925.00 623,925.00 623,925.00 12/30/2041 345,000.00 4.500%279,075.00 624,075.00 624,075.00 12/30/2042 360,000.00 4.500%263,550.00 623,550.00 623,550.00 12/30/2043 380,000.00 4.500%247,350.00 627,350.00 627,350.00 12/30/2044 395,000.00 4.500%230,250.00 625,250.00 625,250.00 12/30/2045 415,000.00 4.500%212,475.00 627,475.00 627,475.00 12/30/2046 430,000.00 4.750%193,800.00 623,800.00 623,800.00 12/30/2047 450,000.00 4.750%173,375.00 623,375.00 623,375.00 12/30/2048 475,000.00 4.750%152,000.00 627,000.00 627,000.00 12/30/2049 495,000.00 4.750%129,437.50 624,437.50 624,437.50 12/30/2050 520,000.00 4.750%105,925.00 625,925.00 625,925.00 12/30/2051 545,000.00 4.750%81,225.00 626,225.00 626,225.00 12/30/2052 570,000.00 4.750%55,337.50 625,337.50 625,337.50 12/30/2053 595,000.00 4.750%28,262.50 623,262.50 623,262.50 Total $9,950,000.00 -$9,005,408.75 $18,955,408.75 $18,955,408.75 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 3 Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2024 Serial Coupon 5.000%3.900%155,000.00 101.492% ---157,312.60 12/30/2025 Serial Coupon 5.000%3.700%160,000.00 102.969% ---164,750.40 12/30/2026 Serial Coupon 5.000%3.600%170,000.00 104.453% ---177,570.10 12/30/2027 Serial Coupon 5.000%3.500%180,000.00 106.078% ---190,940.40 12/30/2028 Serial Coupon 5.000%3.500%190,000.00 107.333% ---203,932.70 12/30/2029 Serial Coupon 5.000%3.500%195,000.00 108.544% ---211,660.80 12/30/2030 Serial Coupon 5.000%3.500%205,000.00 109.714% ---224,913.70 12/30/2031 Serial Coupon 5.000%3.500%215,000.00 110.844% ---238,314.60 12/30/2032 Serial Coupon 5.000%3.550%230,000.00 111.511% ---256,475.30 12/30/2033 Serial Coupon 5.000%3.600%240,000.00 112.063% ---268,951.20 12/30/2034 Serial Coupon 5.000%3.650%250,000.00 111.602%c 3.741%12/30/2033 100.000%279,005.00 12/30/2035 Serial Coupon 5.000%3.800%265,000.00 110.235%c 3.949%12/30/2033 100.000%292,122.75 12/30/2036 Serial Coupon 5.000%3.950%275,000.00 108.888%c 4.130%12/30/2033 100.000%299,442.00 12/30/2037 Serial Coupon 5.000%4.050%290,000.00 108.001%c 4.251%12/30/2033 100.000%313,202.90 12/30/2038 Serial Coupon 4.250%4.350%305,000.00 98.882% ---301,590.10 12/30/2039 Serial Coupon 4.250%4.400%320,000.00 98.256% ---314,419.20 12/30/2042 Term 1 Coupon 4.500%4.550%1,035,000.00 99.356% ---1,028,334.60 12/30/2045 Term 2 Coupon 4.500%4.650%1,190,000.00 97.921% ---1,165,259.90 12/30/2048 Term 3 Coupon 4.750%4.800%1,355,000.00 99.266% ---1,345,054.30 12/30/2053 Term 4 Coupon 4.750%4.850%2,725,000.00 98.414% ---2,681,781.50 Total ---$9,950,000.00 -----$10,115,034.05 Bid Information Par Amount of Bonds $9,950,000.00 Reoffering Premium or (Discount)165,034.05 Gross Production $10,115,034.05 Total Underwriter's Discount (0.330%)$(33,379.61) Bid (101.323%)10,081,654.44 Total Purchase Price $10,081,654.44 Bond Year Dollars $191,600.56 Average Life 19.256 Years Average Coupon 4.7000953% Net Interest Cost (NIC)4.6313823% True Interest Cost (TIC)4.5936103% 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 4 Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Proof of D/S for Arbitrage Purposes Date Principal Interest Total 08/02/2023 --- 12/30/2023 -193,833.75 193,833.75 06/30/2024 -235,743.75 235,743.75 12/30/2024 155,000.00 235,743.75 390,743.75 06/30/2025 -231,868.75 231,868.75 12/30/2025 160,000.00 231,868.75 391,868.75 06/30/2026 -227,868.75 227,868.75 12/30/2026 170,000.00 227,868.75 397,868.75 06/30/2027 -223,618.75 223,618.75 12/30/2027 180,000.00 223,618.75 403,618.75 06/30/2028 -219,118.75 219,118.75 12/30/2028 190,000.00 219,118.75 409,118.75 06/30/2029 -214,368.75 214,368.75 12/30/2029 195,000.00 214,368.75 409,368.75 06/30/2030 -209,493.75 209,493.75 12/30/2030 205,000.00 209,493.75 414,493.75 06/30/2031 -204,368.75 204,368.75 12/30/2031 215,000.00 204,368.75 419,368.75 06/30/2032 -198,993.75 198,993.75 12/30/2032 230,000.00 198,993.75 428,993.75 06/30/2033 -193,243.75 193,243.75 12/30/2033 1,320,000.00 193,243.75 1,513,243.75 06/30/2034 -160,243.75 160,243.75 12/30/2034 -160,243.75 160,243.75 06/30/2035 -160,243.75 160,243.75 12/30/2035 -160,243.75 160,243.75 06/30/2036 -160,243.75 160,243.75 12/30/2036 -160,243.75 160,243.75 06/30/2037 -160,243.75 160,243.75 12/30/2037 -160,243.75 160,243.75 06/30/2038 -160,243.75 160,243.75 12/30/2038 305,000.00 160,243.75 465,243.75 06/30/2039 -153,762.50 153,762.50 12/30/2039 320,000.00 153,762.50 473,762.50 06/30/2040 -146,962.50 146,962.50 12/30/2040 330,000.00 146,962.50 476,962.50 06/30/2041 -139,537.50 139,537.50 12/30/2041 345,000.00 139,537.50 484,537.50 06/30/2042 -131,775.00 131,775.00 12/30/2042 360,000.00 131,775.00 491,775.00 06/30/2043 -123,675.00 123,675.00 12/30/2043 380,000.00 123,675.00 503,675.00 06/30/2044 -115,125.00 115,125.00 12/30/2044 395,000.00 115,125.00 510,125.00 06/30/2045 -106,237.50 106,237.50 12/30/2045 415,000.00 106,237.50 521,237.50 06/30/2046 -96,900.00 96,900.00 12/30/2046 430,000.00 96,900.00 526,900.00 06/30/2047 -86,687.50 86,687.50 12/30/2047 450,000.00 86,687.50 536,687.50 06/30/2048 -76,000.00 76,000.00 12/30/2048 475,000.00 76,000.00 551,000.00 06/30/2049 -64,718.75 64,718.75 12/30/2049 495,000.00 64,718.75 559,718.75 06/30/2050 -52,962.50 52,962.50 12/30/2050 520,000.00 52,962.50 572,962.50 06/30/2051 -40,612.50 40,612.50 12/30/2051 545,000.00 40,612.50 585,612.50 06/30/2052 -27,668.75 27,668.75 12/30/2052 570,000.00 27,668.75 597,668.75 06/30/2053 -14,131.25 14,131.25 12/30/2053 595,000.00 14,131.25 609,131.25 Total $9,950,000.00 $8,867,158.75 $18,817,158.75 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 5 Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 30 Year / Preliminary Proof of Bond Yield @ 4.5601685% Date Cashflow PV Factor Present Value Cumulative PV 08/02/2023 -1.0000000x -- 12/30/2023 193,833.75 0.9816339x 190,273.78 190,273.78 06/30/2024 235,743.75 0.9597508x 226,255.25 416,529.04 12/30/2024 390,743.75 0.9383555x 366,656.55 783,185.58 06/30/2025 231,868.75 0.9174372x 212,725.01 995,910.59 12/30/2025 391,868.75 0.8969851x 351,500.45 1,347,411.04 06/30/2026 227,868.75 0.8769891x 199,838.40 1,547,249.44 12/30/2026 397,868.75 0.8574387x 341,148.08 1,888,397.51 06/30/2027 223,618.75 0.8383242x 187,465.02 2,075,862.53 12/30/2027 403,618.75 0.8196358x 330,820.39 2,406,682.92 06/30/2028 219,118.75 0.8013641x 175,593.89 2,582,276.82 12/30/2028 409,118.75 0.7834996x 320,544.38 2,902,821.20 06/30/2029 214,368.75 0.7660334x 164,213.62 3,067,034.82 12/30/2029 409,368.75 0.7489566x 306,599.41 3,373,634.24 06/30/2030 209,493.75 0.7322604x 153,403.98 3,527,038.22 12/30/2030 414,493.75 0.7159365x 296,751.19 3,823,789.40 06/30/2031 204,368.75 0.6999764x 143,053.30 3,966,842.70 12/30/2031 419,368.75 0.6843721x 287,004.29 4,253,847.00 06/30/2032 198,993.75 0.6691157x 133,149.85 4,386,996.85 12/30/2032 428,993.75 0.6541994x 280,647.47 4,667,644.32 06/30/2033 193,243.75 0.6396157x 123,601.73 4,791,246.05 12/30/2033 1,513,243.75 0.6253570x 946,317.57 5,737,563.62 06/30/2034 160,243.75 0.6114162x 97,975.62 5,835,539.24 12/30/2034 160,243.75 0.5977862x 95,791.50 5,931,330.74 06/30/2035 160,243.75 0.5844600x 93,656.06 6,024,986.80 12/30/2035 160,243.75 0.5714309x 91,568.23 6,116,555.03 06/30/2036 160,243.75 0.5586922x 89,526.94 6,206,081.96 12/30/2036 160,243.75 0.5462376x 87,531.15 6,293,613.12 06/30/2037 160,243.75 0.5340605x 85,579.86 6,379,192.98 12/30/2037 160,243.75 0.5221549x 83,672.07 6,462,865.04 06/30/2038 160,243.75 0.5105148x 81,806.80 6,544,671.85 12/30/2038 465,243.75 0.4991341x 232,219.02 6,776,890.87 06/30/2039 153,762.50 0.4880071x 75,037.20 6,851,928.07 12/30/2039 473,762.50 0.4771282x 226,045.45 7,077,973.52 06/30/2040 146,962.50 0.4664918x 68,556.80 7,146,530.32 12/30/2040 476,962.50 0.4560925x 217,539.02 7,364,069.34 06/30/2041 139,537.50 0.4459250x 62,223.26 7,426,292.60 12/30/2041 484,537.50 0.4359842x 211,250.71 7,637,543.31 06/30/2042 131,775.00 0.4262650x 56,171.07 7,693,714.38 12/30/2042 491,775.00 0.4167625x 204,953.37 7,898,667.76 06/30/2043 123,675.00 0.4074718x 50,394.07 7,949,061.83 12/30/2043 503,675.00 0.3983882x 200,658.18 8,149,720.01 06/30/2044 115,125.00 0.3895071x 44,842.01 8,194,562.02 12/30/2044 510,125.00 0.3808240x 194,267.85 8,388,829.86 06/30/2045 106,237.50 0.3723345x 39,555.88 8,428,385.75 12/30/2045 521,237.50 0.3640342x 189,748.27 8,618,134.01 06/30/2046 96,900.00 0.3559189x 34,488.54 8,652,622.56 12/30/2046 526,900.00 0.3479846x 183,353.08 8,835,975.64 06/30/2047 86,687.50 0.3402271x 29,493.44 8,865,469.07 12/30/2047 536,687.50 0.3326426x 178,525.12 9,043,994.19 06/30/2048 76,000.00 0.3252271x 24,717.26 9,068,711.46 12/30/2048 551,000.00 0.3179770x 175,205.32 9,243,916.78 06/30/2049 64,718.75 0.3108885x 20,120.31 9,264,037.09 12/30/2049 559,718.75 0.3039580x 170,130.98 9,434,168.07 06/30/2050 52,962.50 0.2971820x 15,739.50 9,449,907.57 12/30/2050 572,962.50 0.2905570x 166,478.28 9,616,385.86 06/30/2051 40,612.50 0.2840798x 11,537.19 9,627,923.05 12/30/2051 585,612.50 0.2777469x 162,652.06 9,790,575.11 06/30/2052 27,668.75 0.2715552x 7,513.59 9,798,088.70 12/30/2052 597,668.75 0.2655016x 158,681.99 9,956,770.69 06/30/2053 14,131.25 0.2595829x 3,668.23 9,960,438.92 12/30/2053 609,131.25 0.2537961x 154,595.13 10,115,034.05 Total $18,817,158.75 -$10,115,034.05 - Derivation Of Target Amount Par Amount of Bonds $9,950,000.00 Reoffering Premium or (Discount)165,034.05 Original Issue Proceeds $10,115,034.05 2023 Bonds PRLM 30 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 6 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof of D/S for Arbitrage Purposes 5 Proof of Bond Yield @ 4.3960219%6 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. Exhibit D $10M Project / 25 Year / Preliminary i Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Sources & Uses Dated 08/02/2023 | Delivered 08/02/2023 Sources Of Funds Par Amount of Bonds $9,830,000.00 Reoffering Premium 283,445.90 Total Sources $10,113,445.90 Uses Of Funds Total Underwriter's Discount (0.330%)33,374.37 Costs of Issuance 80,000.00 Deposit to Project Construction Fund 10,000,000.00 Rounding Amount 71.53 Total Uses $10,113,445.90 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPagee 1 $10M Project / 25 Year / Preliminary m Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/02/2023 ----- 12/30/2023 --191,325.97 191,325.97 191,325.97 06/30/2024 --232,693.75 232,693.75 - 12/30/2024 210,000.00 5.000%232,693.75 442,693.75 675,387.50 06/30/2025 --227,443.75 227,443.75 - 12/30/2025 220,000.00 5.000%227,443.75 447,443.75 674,887.50 06/30/2026 --221,943.75 221,943.75 - 12/30/2026 230,000.00 5.000%221,943.75 451,943.75 673,887.50 06/30/2027 --216,193.75 216,193.75 - 12/30/2027 245,000.00 5.000%216,193.75 461,193.75 677,387.50 06/30/2028 --210,068.75 210,068.75 - 12/30/2028 255,000.00 5.000%210,068.75 465,068.75 675,137.50 06/30/2029 --203,693.75 203,693.75 - 12/30/2029 270,000.00 5.000%203,693.75 473,693.75 677,387.50 06/30/2030 --196,943.75 196,943.75 - 12/30/2030 280,000.00 5.000%196,943.75 476,943.75 673,887.50 06/30/2031 --189,943.75 189,943.75 - 12/30/2031 295,000.00 5.000%189,943.75 484,943.75 674,887.50 06/30/2032 --182,568.75 182,568.75 - 12/30/2032 310,000.00 5.000%182,568.75 492,568.75 675,137.50 06/30/2033 --174,818.75 174,818.75 - 12/30/2033 325,000.00 5.000%174,818.75 499,818.75 674,637.50 06/30/2034 --166,693.75 166,693.75 - 12/30/2034 340,000.00 5.000%166,693.75 506,693.75 673,387.50 06/30/2035 --158,193.75 158,193.75 - 12/30/2035 360,000.00 5.000%158,193.75 518,193.75 676,387.50 06/30/2036 --149,193.75 149,193.75 - 12/30/2036 375,000.00 5.000%149,193.75 524,193.75 673,387.50 06/30/2037 --139,818.75 139,818.75 - 12/30/2037 395,000.00 5.000%139,818.75 534,818.75 674,637.50 06/30/2038 --129,943.75 129,943.75 - 12/30/2038 415,000.00 4.250%129,943.75 544,943.75 674,887.50 06/30/2039 --121,125.00 121,125.00 - 12/30/2039 435,000.00 4.250%121,125.00 556,125.00 677,250.00 06/30/2040 --111,881.25 111,881.25 - 12/30/2040 450,000.00 4.500%111,881.25 561,881.25 673,762.50 06/30/2041 --101,756.25 101,756.25 - 12/30/2041 470,000.00 4.500%101,756.25 571,756.25 673,512.50 06/30/2042 --91,181.25 91,181.25 - 12/30/2042 490,000.00 4.500%91,181.25 581,181.25 672,362.50 06/30/2043 --80,156.25 80,156.25 - 12/30/2043 515,000.00 4.500%80,156.25 595,156.25 675,312.50 06/30/2044 --68,568.75 68,568.75 - 12/30/2044 540,000.00 4.500%68,568.75 608,568.75 677,137.50 06/30/2045 --56,418.75 56,418.75 - 12/30/2045 560,000.00 4.500%56,418.75 616,418.75 672,837.50 06/30/2046 --43,818.75 43,818.75 - 12/30/2046 585,000.00 4.750%43,818.75 628,818.75 672,637.50 06/30/2047 --29,925.00 29,925.00 - 12/30/2047 615,000.00 4.750%29,925.00 644,925.00 674,850.00 06/30/2048 --15,318.75 15,318.75 - 12/30/2048 645,000.00 4.750%15,318.75 660,318.75 675,637.50 Total $9,830,000.00 -$7,231,938.47 $17,061,938.47 - Yield Statistics Bond Year Dollars $154,986.22 Average Life 15.767 Years Average Coupon 4.6661815% Net Interest Cost (NIC)4.5048307% True Interest Cost (TIC)4.4396458% Bond Yield for Arbitrage Purposes 4.3960219% All Inclusive Cost (AIC)4.5149551% IRS Form 8038 Net Interest Cost 4.4267414% Weighted Average Maturity 15.521 Years 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPagee 2 $10M Project / 25 Year / Preliminary oject / 25 Year / Preliminar Debt Service Schedule Service Schedu Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2023 --191,325.97 191,325.97 191,325.97 12/30/2024 210,000.00 5.000%465,387.50 675,387.50 675,387.50 12/30/2025 220,000.00 5.000%454,887.50 674,887.50 674,887.50 12/30/2026 230,000.00 5.000%443,887.50 673,887.50 673,887.50 12/30/2027 245,000.00 5.000%432,387.50 677,387.50 677,387.50 12/30/2028 255,000.00 5.000%420,137.50 675,137.50 675,137.50 12/30/2029 270,000.00 5.000%407,387.50 677,387.50 677,387.50 12/30/2030 280,000.00 5.000%393,887.50 673,887.50 673,887.50 12/30/2031 295,000.00 5.000%379,887.50 674,887.50 674,887.50 12/30/2032 310,000.00 5.000%365,137.50 675,137.50 675,137.50 12/30/2033 325,000.00 5.000%349,637.50 674,637.50 674,637.50 12/30/2034 340,000.00 5.000%333,387.50 673,387.50 673,387.50 12/30/2035 360,000.00 5.000%316,387.50 676,387.50 676,387.50 12/30/2036 375,000.00 5.000%298,387.50 673,387.50 673,387.50 12/30/2037 395,000.00 5.000%279,637.50 674,637.50 674,637.50 12/30/2038 415,000.00 4.250%259,887.50 674,887.50 674,887.50 12/30/2039 435,000.00 4.250%242,250.00 677,250.00 677,250.00 12/30/2040 450,000.00 4.500%223,762.50 673,762.50 673,762.50 12/30/2041 470,000.00 4.500%203,512.50 673,512.50 673,512.50 12/30/2042 490,000.00 4.500%182,362.50 672,362.50 672,362.50 12/30/2043 515,000.00 4.500%160,312.50 675,312.50 675,312.50 12/30/2044 540,000.00 4.500%137,137.50 677,137.50 677,137.50 12/30/2045 560,000.00 4.500%112,837.50 672,837.50 672,837.50 12/30/2046 585,000.00 4.750%87,637.50 672,637.50 672,637.50 12/30/2047 615,000.00 4.750%59,850.00 674,850.00 674,850.00 12/30/2048 645,000.00 4.750%30,637.50 675,637.50 675,637.50 Total $9,830,000.00 -$7,231,938.47 $17,061,938.47 $17,061,938.47 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 3 Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2024 Serial Coupon 5.000%3.900%210,000.00 101.492% ---213,133.20 12/30/2025 Serial Coupon 5.000%3.700%220,000.00 102.969% ---226,531.80 12/30/2026 Serial Coupon 5.000%3.600%230,000.00 104.453% ---240,241.90 12/30/2027 Serial Coupon 5.000%3.500%245,000.00 106.078% ---259,891.10 12/30/2028 Serial Coupon 5.000%3.500%255,000.00 107.333% ---273,699.15 12/30/2029 Serial Coupon 5.000%3.500%270,000.00 108.544% ---293,068.80 12/30/2030 Serial Coupon 5.000%3.500%280,000.00 109.714% ---307,199.20 12/30/2031 Serial Coupon 5.000%3.500%295,000.00 110.844% ---326,989.80 12/30/2032 Serial Coupon 5.000%3.550%310,000.00 111.511% ---345,684.10 12/30/2033 Serial Coupon 5.000%3.600%325,000.00 112.063% ---364,204.75 12/30/2034 Serial Coupon 5.000%3.650%340,000.00 111.602%c 3.741%12/30/2033 100.000%379,446.80 12/30/2035 Serial Coupon 5.000%3.800%360,000.00 110.235%c 3.949%12/30/2033 100.000%396,846.00 12/30/2036 Serial Coupon 5.000%3.950%375,000.00 108.888%c 4.130%12/30/2033 100.000%408,330.00 12/30/2037 Serial Coupon 5.000%4.050%395,000.00 108.001%c 4.251%12/30/2033 100.000%426,603.95 12/30/2038 Serial Coupon 4.250%4.350%415,000.00 98.882% ---410,360.30 12/30/2039 Serial Coupon 4.250%4.400%435,000.00 98.256% ---427,413.60 12/30/2042 Term 1 Coupon 4.500%4.550%1,410,000.00 99.356% ---1,400,919.60 12/30/2045 Term 2 Coupon 4.500%4.650%1,615,000.00 97.921% ---1,581,424.15 12/30/2048 Term 3 Coupon 4.750%4.800%1,845,000.00 99.266% ---1,831,457.70 Total ---$9,830,000.00 -----$10,113,445.90 Bid Information Par Amount of Bonds $9,830,000.00 Reoffering Premium or (Discount)283,445.90 Gross Production $10,113,445.90 Total Underwriter's Discount (0.330%)$(33,374.37) Bid (102.544%)10,080,071.53 Total Purchase Price $10,080,071.53 Bond Year Dollars $154,986.22 Average Life 15.767 Years Average Coupon 4.6661815% Net Interest Cost (NIC)4.5048307% True Interest Cost (TIC)4.4396458% 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 4 Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Proof of D/S for Arbitrage Purposes Date Principal Interest Total 08/02/2023 --- 12/30/2023 -191,325.97 191,325.97 06/30/2024 -232,693.75 232,693.75 12/30/2024 210,000.00 232,693.75 442,693.75 06/30/2025 -227,443.75 227,443.75 12/30/2025 220,000.00 227,443.75 447,443.75 06/30/2026 -221,943.75 221,943.75 12/30/2026 230,000.00 221,943.75 451,943.75 06/30/2027 -216,193.75 216,193.75 12/30/2027 245,000.00 216,193.75 461,193.75 06/30/2028 -210,068.75 210,068.75 12/30/2028 255,000.00 210,068.75 465,068.75 06/30/2029 -203,693.75 203,693.75 12/30/2029 270,000.00 203,693.75 473,693.75 06/30/2030 -196,943.75 196,943.75 12/30/2030 280,000.00 196,943.75 476,943.75 06/30/2031 -189,943.75 189,943.75 12/30/2031 295,000.00 189,943.75 484,943.75 06/30/2032 -182,568.75 182,568.75 12/30/2032 310,000.00 182,568.75 492,568.75 06/30/2033 -174,818.75 174,818.75 12/30/2033 1,795,000.00 174,818.75 1,969,818.75 06/30/2034 -129,943.75 129,943.75 12/30/2034 -129,943.75 129,943.75 06/30/2035 -129,943.75 129,943.75 12/30/2035 -129,943.75 129,943.75 06/30/2036 -129,943.75 129,943.75 12/30/2036 -129,943.75 129,943.75 06/30/2037 -129,943.75 129,943.75 12/30/2037 -129,943.75 129,943.75 06/30/2038 -129,943.75 129,943.75 12/30/2038 415,000.00 129,943.75 544,943.75 06/30/2039 -121,125.00 121,125.00 12/30/2039 435,000.00 121,125.00 556,125.00 06/30/2040 -111,881.25 111,881.25 12/30/2040 450,000.00 111,881.25 561,881.25 06/30/2041 -101,756.25 101,756.25 12/30/2041 470,000.00 101,756.25 571,756.25 06/30/2042 -91,181.25 91,181.25 12/30/2042 490,000.00 91,181.25 581,181.25 06/30/2043 -80,156.25 80,156.25 12/30/2043 515,000.00 80,156.25 595,156.25 06/30/2044 -68,568.75 68,568.75 12/30/2044 540,000.00 68,568.75 608,568.75 06/30/2045 -56,418.75 56,418.75 12/30/2045 560,000.00 56,418.75 616,418.75 06/30/2046 -43,818.75 43,818.75 12/30/2046 585,000.00 43,818.75 628,818.75 06/30/2047 -29,925.00 29,925.00 12/30/2047 615,000.00 29,925.00 644,925.00 06/30/2048 -15,318.75 15,318.75 12/30/2048 645,000.00 15,318.75 660,318.75 Total $9,830,000.00 $7,043,688.47 $16,873,688.47 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 5 Preliminary, as of May 24, 2023 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2023A Dated: August 2, 2023 $10M Project / 25 Year / Preliminary Proof of Bond Yield @ 4.3960219% Date Cashflow PV Factor Present Value Cumulative PV 08/02/2023 -1.0000000x -- 12/30/2023 191,325.97 0.9822821x 187,936.07 187,936.07 06/30/2024 232,693.75 0.9611558x 223,654.94 411,591.00 12/30/2024 442,693.75 0.9404838x 416,346.31 827,937.31 06/30/2025 227,443.75 0.9202565x 209,306.58 1,037,243.90 12/30/2025 447,443.75 0.9004642x 402,907.07 1,440,150.96 06/30/2026 221,943.75 0.8810976x 195,554.10 1,635,705.06 12/30/2026 451,943.75 0.8621475x 389,642.16 2,025,347.22 06/30/2027 216,193.75 0.8436049x 182,382.11 2,207,729.33 12/30/2027 461,193.75 0.8254612x 380,697.55 2,588,426.88 06/30/2028 210,068.75 0.8077077x 169,674.15 2,758,101.02 12/30/2028 465,068.75 0.7903360x 367,560.59 3,125,661.61 06/30/2029 203,693.75 0.7733380x 157,524.11 3,283,185.72 12/30/2029 473,693.75 0.7567055x 358,446.67 3,641,632.39 06/30/2030 196,943.75 0.7404308x 145,823.21 3,787,455.60 12/30/2030 476,943.75 0.7245060x 345,548.62 4,133,004.22 06/30/2031 189,943.75 0.7089238x 134,655.65 4,267,659.87 12/30/2031 484,943.75 0.6936767x 336,394.19 4,604,054.06 06/30/2032 182,568.75 0.6787576x 123,919.92 4,727,973.98 12/30/2032 492,568.75 0.6641593x 327,144.10 5,055,118.07 06/30/2033 174,818.75 0.6498749x 113,610.32 5,168,728.40 12/30/2033 1,969,818.75 0.6358978x 1,252,603.47 6,421,331.87 06/30/2034 129,943.75 0.6222213x 80,853.77 6,502,185.65 12/30/2034 129,943.75 0.6088390x 79,114.82 6,581,300.47 06/30/2035 129,943.75 0.5957445x 77,413.27 6,658,713.74 12/30/2035 129,943.75 0.5829316x 75,748.31 6,734,462.05 06/30/2036 129,943.75 0.5703942x 74,119.17 6,808,581.22 12/30/2036 129,943.75 0.5581266x 72,525.06 6,881,106.27 06/30/2037 129,943.75 0.5461227x 70,965.23 6,952,071.51 12/30/2037 129,943.75 0.5343770x 69,438.96 7,021,510.47 06/30/2038 129,943.75 0.5228840x 67,945.51 7,089,455.97 12/30/2038 544,943.75 0.5116381x 278,814.01 7,368,269.98 06/30/2039 121,125.00 0.5006341x 60,639.31 7,428,909.29 12/30/2039 556,125.00 0.4898668x 272,427.19 7,701,336.48 06/30/2040 111,881.25 0.4793311x 53,628.16 7,754,964.63 12/30/2040 561,881.25 0.4690219x 263,534.62 8,018,499.26 06/30/2041 101,756.25 0.4589345x 46,699.45 8,065,198.71 12/30/2041 571,756.25 0.4490640x 256,755.15 8,321,953.86 06/30/2042 91,181.25 0.4394058x 40,065.57 8,362,019.43 12/30/2042 581,181.25 0.4299554x 249,881.99 8,611,901.43 06/30/2043 80,156.25 0.4207081x 33,722.39 8,645,623.81 12/30/2043 595,156.25 0.4116598x 245,001.91 8,890,625.73 06/30/2044 68,568.75 0.4028061x 27,619.91 8,918,245.64 12/30/2044 608,568.75 0.3941428x 239,862.99 9,158,108.62 06/30/2045 56,418.75 0.3856658x 21,758.78 9,179,867.41 12/30/2045 616,418.75 0.3773712x 232,618.66 9,412,486.06 06/30/2046 43,818.75 0.3692549x 16,180.29 9,428,666.35 12/30/2046 628,818.75 0.3613132x 227,200.51 9,655,866.86 06/30/2047 29,925.00 0.3535423x 10,579.75 9,666,446.61 12/30/2047 644,925.00 0.3459385x 223,104.40 9,889,551.02 06/30/2048 15,318.75 0.3384983x 5,185.37 9,894,736.39 12/30/2048 660,318.75 0.3312181x 218,709.51 10,113,445.90 Total $16,873,688.47 -$10,113,445.90 - Derivation Of Target Amount Par Amount of Bonds $9,830,000.00 Reoffering Premium or (Discount)283,445.90 Original Issue Proceeds $10,113,445.90 2023 Bonds PRLM 25 YR Ter | SINGLE PURPOSE | 5/24/2023 | 9:01 AM Speer Financial, Inc. PPage 6 Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS ESTABLISHED 1954 UNITED CITY OF YORKVILLE, ILLINOIS GENERAL OBLIGATION (ALTERNATE REVENUE SOURCE) BONDS, SERIES 2023A PRELIMINARY TIMETABLE (AS OF MAY 8, 2023) TASK PARTY/FIRM RESPONSIBLE DATE Distribute Underwriter Request for Proposal (RFP) Speer April 29 Receive Underwriter RFP Responses Speer and City May 11 Distribute Draft Preliminary Official Statement (POS) Speer Week of May 22 Distribute Rating Package Speer Week of May 22 Comments Due on POS All Parties Week of May 29 Adoption of Authorizing Ordinance City May 30 Publish Authorizing Ordinance and Notice of BINA Hearing City By June 2 Distribute Second Draft of POS Speer Week of June 5 BINA Hearing City June 13 Rating Agency Call/Meeting City and Speer Week of June 19 Receive Bond Rating City and Speer By June 29 Finalize and Post POS Speer Week of July 3 Adoption of Bond Ordinance City July 11 Bond Sale All Between July 11-July 13 Bond Closing All Parties August 2 All City Council Actions are Highlighted in BLUE Exhibit E Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #9 Tracking Number CC 2023-38 Green Door Special City Council – May 30, 2023 Majority Approval Bart Olson Administration Name Department Summary Consideration of two memorandums of understanding (MOU) for the Yorkville Nexus (Green Door) project covering design engineering of the water and sewer infrastructure extensions to their project and easement acquisition costs, and three design engineering agreements covering a looped watermain extension and two sanitary sewer extensions to the project. Background This item was last discussed by the City Council in April 2023, when Yorkville Nexus (Green Door) representatives Matt Gilbert and Shannon Westberg attended the City Council meeting to introduce themselves and their project. Since that meeting, the City staff and Yorkville Nexus (Green Door) representatives have been working on two MOUs for the Yorkville Nexus (Green Door) project: one that covers design engineering for the infrastructure extension and one that covers the City’s cost for easement acquisition. Both agreements are attached for the City Council’s consideration. The summary of each agreement is as follows: 1) Easement acquisition agreement a. Yorkville Nexus (Green Door) agrees to cover the City’s costs for easement acquisition, including survey costs, legal fees, and purchase price. b. Estimates of costs will be provided to Yorkville Nexus (Green Door) in advance of the City beginning work. Once Yorkville Nexus (Green Door) signs off, the City will complete the work. c. After the City completes any acquisition work, Yorkville Nexus (Green Door) agrees to pay the City within 30 days of receipt of an invoice. i. The City will be at-risk for this work between commencement of the work and payment by Yorkville Nexus (Green Door). Given the flexible nature of easement acquisition processes and the relatively lower cost of the easements, we felt this was reasonable (i.e. estimates and payment schedules aren’t reliable prior to contact with sellers). For instance, the Bright Farms easements ended up being a few thousand dollars each. While the Yorkville Nexus (Green Door) project is larger than Bright Farms, we will be dealing with many of the same landowners and the overall nature of the land to be acquired is generally farm fields. d. Yorkville Nexus (Green Door) can stop work at any time for 90 days. They agree to pay all costs incurred before the stop work. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 25, 2023 Subject: Green Door / Yorkville Nexus Memorandums of Understanding and Design Engineering Agreements e. Yorkville Nexus (Green Door) can assign the agreement with City approval. 2) Design Engineering Agreement for water and sewer infrastructure extensions a. Yorkville Nexus agrees to pay all design engineering costs for the water and sewer infrastructure extensions. These projects will be split into three design engineering agreements for the one looped watermain and two sanitary sewer branches at a total estimated cost of $560,170. b. Yorkville Nexus will make monthly deposits to the City in advance of work occurred at the schedule outlined in Exhibit C. c. Yorkville Nexus can cancel the agreement at any time, with the understanding they are responsible for covering costs incurred through the cancellation period. d. Yorkville Nexus can assign the agreement with City Council approval. In addition to the two MOUs outlined above, EEI has submitted three design engineering agreements for the City’s approval. Each agreement is attached as Exhibit B in the design engineering MOU with Yorkville Nexus, and each is listed on the City Council agenda for approval. These design engineering agreements cover a looped watermain extension as shown in the engineering agreement, and two separate sanitary sewer extensions (generally one on the north side of the project and one on the south side). The value of the three engineering agreements is $560,170, for which Yorkville Nexus has agreed to pay for the entire cost in monthly deposits as outlined in the design engineering MOU outlined above. Recommendation Staff recommends approval of the two MOUs and three engineering agreements as described above and as submitted in the City Council packet. These MOUs are not signed by Yorkville Nexus yet, as they wish to control the exact commencement of the studies and easement acquisition at a date in the near future. So, they will be authorized by the City Council and awaiting final sign off by Yorkville Nexus. However, Yorkville Nexus has reviewed the content of the MOUs and the engineering agreement and has tentatively agreed to them in their current form. Ordinance No. 2023-____ Page 1 Ordinance No. 2023-_______ AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS, LLC, RELATING TO ENGINEERING SERVICES FOR INFRASTRUCTURE PROJECTS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the “Municipal Code”) (65 ILCS 5/65-1-1-2, et seq.); and WHEREAS, the City has received a concept plan from Yorkville Nexus, LLC an Illinois limited liability company (“Yorkville Nexus”) for an industrial development which covers an area consisting of approximately 279 acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”); and, WHEREAS, the Development Site lacks the necessary infrastructure required to service any such development and Yorkville Nexus has agreed to pay all costs to be incurred by City Engineers in connection with the design of and the potential costs of any water and sewer service to be extended to the Development Site all as set forth in the Memorandum of Understanding (“MOU”) attached hereto; and, WHEREAS, the City is prepared to request the City Engineers to proceed with the preparation of the engineering plans and the estimated costs to provide water and sewer service to the Development Site pursuant to the terms and conditions as set forth in the MOU. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Ordinance No. 2023-____ Page 2 Section 2: That “The Memorandum of Understanding by and between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC” attached hereto and made a part hereof is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum. Section 3. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of _______________, 2023. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of _______________, 2023. ______________________________ Mayor Attest: ___________________________ City Clerk MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS LLC THIS MEMORANDUM OF UNDERSTANDING (the "Memorandum"), is made and entered as of the ____ day of ____________, 2023, by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and Yorkville Nexus LLC, an Illinois limited liability company (“Yorkville Nexus”). RECITALS: 1.1. The City is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State. 1.2 Yorkville Nexus operates an investment company which manages and invests in a company-owned portfolio in different businesses, including the development of industrial and commercial complexes. 1.3 Yorkville Nexus has submitted to the City a concept plan, attached hereto as Exhibit A (the “Concept Plan”), for an area consisting of approximately 279 acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”) for the development of six (6) industrial buildings to be constructed in three (3) phases (the “Project”). 1.4 Yorkville Nexus has acknowledged that the Development Site lacks the necessary infrastructure to service the proposed development and shall require a substantial investment to provide water and sanitary sewer services to the Development Site (collectively, the “Water/Sewer Infrastructure Project”). 1.5 On August 5, 2022, Yorkville Nexus submitted an application for Economic Incentive/Development Agreement for the Concept Plan and made all required deposits for legal and engineering review. Yorkville Nexus has also informed the City that it is prepared to be responsible for all costs to be incurred by the City to construct the Water/Sewer Infrastructure Project to service the Development Site, including surveying, engineering, legal, and other professional costs related to obtaining the necessary easements to provide water and sanitary sewer service to Development Site, as depicted on the attached Exhibit A. The City is prepared to proceed with obtaining the necessary easements to provide water and sanitary sewer service to the Development Site (collectively, the “Water/Sewer Easements”) pursuant to the terms and conditions as hereinafter provided. ARTICLE II OBLIGATIONS OF THE CITY AND YORKVILLE NEXUS 2.1 The City has identified the proposed routes required for each component of the Water/Sewer Infrastructure Project to extend such services to the Development Site and has requested the City Engineers to provide such engineering design as are required to ascertain the following: A. The specific location and estimated cost of the installation of a sixteen inch (16”) diameter water main to be extended from an area generally near Corneils Road and Caledonia Drive, then west along Corneils Road to the Development Site and then looped back to an area generally near Faxon Road and High Ridge Road (the “Water Main Extension”). B. The specific location and estimated cost of the extension of a sanitary sewer from the southeast corner of the BrightFarms development along Corneils Road to the North 50 Acres of the proposed development(the “Corneils Road Sanitary Sewer Extension”). C. The specific location and estimated cost for the extension of a sanitary sewer from the existing thirty-six inch (36”) interceptor sewer to the south parcel of the proposed development along the BNSF Railroad (the “South Sanitary Sewer Extension”). 2.2 The City Engineers have provided design engineering proposals for the Water/Sewer Infrastructure Project. The City is prepared to engage various professionals to survey and document the Water/Sewer Easements. 2.3 Yorkville Nexus has agreed to pay, subject to Yorkville Nexus's sole approval, all reasonable charges incurred by the City in connection with the obtaining the Water/Sewer Easements, including but not limited to (i) survey costs, (ii) legal fees, and (iii) consideration paid to property owners for the Water/Sewer Easements. The City shall submit any estimates received for the above-referenced costs to Yorkville Nexus for its approval prior to authorizing said work. 2.4 The City shall submit all invoices related to obtaining the Water/Sewer Easements to Yorkville Nexus for review and approval, which shall not be unreasonably withheld. Once approved, Yorkville Nexus shall reimburse the City for all such invoices within thirty (30) days. 2.5 Yorkville Nexus may, at any time by written order to the City, order City to stop work, in whole or in part, for a period of up to ninety (90) days. Upon receipt of such stop-work order, the City shall comply with the terms of such order and shall take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within said ninety (90) day period, Yorkville Nexus shall either cancel the stop- work order or terminate this Agreement. Notwithstanding the above, Yorkville Nexus shall promptly pay all charges incurred prior to the issuance of the stop work notice pursuant to this Memorandum. 2.6 The City shall provide the Water/Sewer Easements required to construct the Water/Sewer Infrastructure Project, and shall utilize all methods at its disposal, including condemnation, to obtain the Water/Sewer Easements. ARTICLE III IN GENERAL 3.1 The term of this Memorandum shall commence upon the date first written above and shall terminate upon the completion of the Water/Sewer Infrastructure Project and payment by Yorkville Nexus in full of all costs incurred by the City in connection with the same by Yorkville Nexus. 3.2 In the event of a breach of this Memorandum by either party that is not cured within thirty (30) days after its receipt of written notice of such breach, such breaching party shall be deemed to be in default of this Memorandum. In such event, the defaulting party hereby agrees to pay and reimburse the non-defaulting parties for all costs and expenses incurred by them in connection with an action taken to enforce this Memorandum, including reasonable attorney’s fees and court costs. 3.3 This Memorandum shall be binding upon and inure to the benefit of the successor of either party hereto and any successor governmental legal entity (governmental or otherwise) that may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Memorandum shall not be assigned by a party hereto without the prior written consent of the other parties to this Memorandum, for which approval shall not be unreasonably withheld or delayed. 3.4 The invalidity of any provisions of this Memorandum shall not impair the validity of any other provisions. If any provision of this Memorandum is determined by a court of competent jurisdiction to be unenforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Memorandum, along with any Development Agreement and Recapture Agreement entered into between the parties, sets forth the entire understanding of the parties as pertaining to the Engineering Agreement and may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Memorandum shall be interpreted and construed in accordance with the laws of the State of Illinois. 3.7 Any notice, request, demand, waiver, consent, approval or other communication that is required or permitted under the terms of this Agreement (a “Notice”) shall be in writing and shall be delivered by personal delivery, via overnight carrier or e-mail transmission or via registered or certified mail, return receipt requested, first class postage prepaid. If Notice is delivered by personal delivery or via overnight carrier, Notice shall be deemed given on the date that actual delivery is made. If Notice is delivered via e-mail transmission, Notice shall be deemed given on the date that the Notice is transmitted and written confirmation of such transmission is obtained. If Notice is delivered via mail, Notice shall be deemed given on the earlier of (a) the actual day of delivery or (b) the third day after the date of mailing. All Notices shall be addressed to the intended recipient as set forth below: To the City: United City of Yorkville 651 Prairie Pointe Dr Yorkville, Illinois 60560 Attention: City Administrator With a Copy to: Kathleen Field Orr 2024 Hickory Road Suite 205 Homewood, Illinois 60430 To Yorkville Nexus: Yorkville Nexus LLC 145 South Wells Street Suite 1800 Chicago, Illinois 60606 Attention: Matt Gilbert Email: matt@greendoorcapital.com With a copy to: Pedersen & Houpt, PC 161 N. Clark Street, Suite 2700 Chicago, Illinois 60601 Attention: Michael P. Sullivan Email: msullivan@pedersenhoupt.com 3.8 This Memorandum maybe executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the Effective Date. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: __________________________________ Mayor Attest: _______________________________ City Clerk Yorkville Nexus LLC, an Illinois limited liability company By: GDC Yorkville LLC, an Illinois limited liability company, its sole member By: Yorkville Nexus Capital Investments, LLC, an Illinois limited liability company, its manager By: ____________________ Matthew B. Gilbert, Manager Ordinance No. 2023-____ Page 1 Ordinance No. 2023-_______ AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS, LLC RELATING TO THE CONSTRUCTION OF WATER AND SANITARY SERVICES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the “Municipal Code”) (65 ILCS 5/65-1-1-2, et seq.); and WHEREAS, the City has received a concept plan from Yorkville Nexus, LLC an Illinois limited liability company (“Yorkville Nexus”) for an industrial development which covers an area consisting of approximately 279 acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”); and, WHEREAS, the Development Site lacks the necessary infrastructure required to service any such development and Yorkville Nexus has agreed to pay all costs to be incurred by the City in connection with the design of and the construction of water and sewer service to the Development Site all as set forth in the Memorandum of Understanding (“MOU”) attached hereto; and, WHEREAS, the City is prepared to proceed with the construction of water and sewer service to the Development Site subject to the terms and conditions as set forth in the MOU. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2: That “The Memorandum of Understanding by and between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC”, attached hereto and made a part Ordinance No. 2023-____ Page 2 hereof is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum. Section 3. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of _______________, 2023.        ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of _______________, 2023. ______________________________ Mayor Attest: ___________________________ City Clerk MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS LLC THIS MEMORANDUM OF UNDERSTANDING (the "Memorandum"), is made and entered as of the ____ day of ____________, 2023, by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and Yorkville Nexus LLC, an Illinois limited liability company (“Yorkville Nexus”). RECITALS: 1.1. The City is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State. 1.2 Yorkville Nexus operates an investment company which manages and invests in a company-owned portfolio in different businesses, including the development of industrial and commercial complexes. 1.3 Yorkville Nexus has submitted to the City a concept plan, attached hereto as Exhibit A (the “Concept Plan”), for an area consisting of approximately 279 acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”) for the development of six (6) industrial buildings to be constructed in three (3) phases (the “Project”). 1.4 Yorkville Nexus has acknowledged that the Development Site lacks the necessary infrastructure to service the proposed development and shall require a substantial investment to provide water and sanitary sewer services to the Development Site as well as improvements to various roadways leading to the Development Site including the entrance and intersection at Eldamain Road and Menards (collectively, the “Infrastructure Projects”). 1.5 On August 5, 2022, Yorkville Nexus submitted an application for Economic Incentive/Development Agreement for the Concept Plan and made all required deposits for legal and engineering review. Yorkville Nexus has also informed the City that it is prepared to be responsible for all costs to be incurred by the City to construct the Infrastructure Projects to service the Development Site and has requested the City, at this time, to advise it only of the estimated costs to provide water and sewer service (the “Water/Sewer Project”). The City is prepared to proceed with providing Yorkville Nexus the design engineering plans and estimated costs for the Water/Sewer Project pursuant to the terms and conditions as hereinafter provided. ARTICLE II OBLIGATIONS OF THE CITY AND YORKVILLE NEXUS 2.1 The City has identified the proposed routes required for each component of the Water/Sewer Project to extend such services to the Development Site and has requested the City Engineers to provide such engineering design as are required to ascertain the following: A. The specific location and estimated cost of the installation of a sixteen- inch (16”) diameter water main to be extended from an area generally near Corneils Road and Caledonia Drive, then west along Corneils Road to the Development Site and then looped back to an area generally near Faxon Road and High Ridge Road (the “Water Main Extension”). B. The specific location and estimated cost of the extension of a sanitary sewer from the southeast corner of the BrightFarms development along Corneils Road to the North 50 Acres of the proposed development (the “Corneils Road Sanitary Sewer Extension”). C. The specific location and estimated cost for the extension of a sanitary sewer from the existing thirty-six inch (36”) interceptor sewer to the south parcel of the proposed development along the BNSF Railroad (the “South Sanitary Sewer Extension”). 2.2 The City Engineers have provided design engineering proposals for the Water Main Extension, the Corneils Road Sanitary Sewer Extension and the South Sanitary Sewer Extension (collectively, the “Water and Sewer Infrastructure Projects”) for a total estimated cost of $560,170.00. The City is prepared to enter into the Agreements for Professional Engineering Services with the City Engineers for the Water and Sewer Infrastructure Projects as attached hereto as Exhibit B and made a part hereof to be performed simultaneously by the City Engineers (the “Engineering Agreements”). 2.3 Yorkville Nexus has agreed to pay all reasonable charges incurred by the City in connection with the Engineering Agreements as follows: A. The City Engineers have provided a draw down schedule for each of the Engineering Agreements as set forth on Exhibit C attached hereto and made a part hereof. B. The City shall submit any estimate or change order to Yorkville Nexus for its approval, which shall not be unreasonably withheld. C. Yorkville Nexus shall make monthly payments covering all three (3) Engineering Agreements on the tenth (10th) day of each month during the term of each Engineering Agreement in an amount as due for the next draw down, as set forth on Exhibit C. D. Yorkville Nexus shall have the right to terminate any one of the Engineering Agreements, or all of the Engineering Agreements, upon thirty (30) days written notice; provided that Yorkville Nexus shall be responsible for the cost of all work performed by the City Engineer until receipt of the notice of termination. ARTICLE III IN GENERAL 3.1 The term of this Memorandum shall commence upon the date first written above and shall terminate upon completion of all work to be performed by the City Engineers pursuant to the Engineering Agreements and payment by Yorkville Nexus in full of all costs incurred by the City in connection with the Engineering Agreements by Yorkville Nexus. 3.2 In the event of a breach of this Memorandum by either party that is not cured within thirty (30) days after its receipt of written notice of such breach, such breaching party shall be deemed to be in default of this Memorandum. In such event, the defaulting party hereby agrees to pay and reimburse the non-defaulting parties for all costs and expenses incurred by them in connection with an action taken to enforce this Memorandum, including reasonable attorney’s fees and court costs. 3.3 This Memorandum shall be binding upon and inure to the benefit of the successor of either party hereto and any successor governmental legal entity (governmental or otherwise) that may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Memorandum shall not be assigned by a party hereto without the prior written consent of the other parties to this Memorandum, for which approval shall not be unreasonably withheld or delayed. 3.4 The invalidity of any provisions of this Memorandum shall not impair the validity of any other provisions. If any provision of this Memorandum is determined by a court of competent jurisdiction to be unenforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Memorandum, along with any Development Agreement and Recapture Agreement entered into between the parties, sets forth the entire understanding of the parties as pertaining to the Engineering Agreement and may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Memorandum shall be interpreted and construed in accordance with the laws of the State of Illinois. 3.7 Any notice, request, demand, waiver, consent, approval or other communication that is required or permitted under the terms of this Agreement (a “Notice”) shall be in writing and shall be delivered by personal delivery, via overnight carrier or e-mail transmission or via registered or certified mail, return receipt requested, first class postage prepaid. If Notice is delivered by personal delivery or via overnight carrier, Notice shall be deemed given on the date that actual delivery is made. If Notice is delivered via e-mail transmission, Notice shall be deemed given on the date that the Notice is transmitted and written confirmation of such transmission is obtained. If Notice is delivered via mail, Notice shall be deemed given on the earlier of (a) the actual day of delivery or (b) the third day after the date of mailing. All Notices shall be addressed to the intended recipient as set forth below: To the City: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attention: City Administrator With a Copy to: Kathleen Field Orr 2024 Hickory Road Suite 205 Homewood, Illinois 60430 To Yorkville Nexus: Yorkville Nexus LLC 145 South Wells Street Suite 1800 Chicago, Illinois 60606 Attention: Matt Gilbert Email: matt@greendoorcapital.com With a copy to: Pedersen & Houpt, PC 161 N. Clark Street, Suite 2700 Chicago, Illinois 60601 Attention: Michael P. Sullivan Email: msullivan@pedersenhoupt.com 3.8 This Memorandum maybe executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the Effective Date. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: __________________________________ Mayor Attest: _______________________________ City Clerk Yorkville Nexus LLC, an Illinois limited liability company By: GDC Yorkville LLC, an Illinois limited liability company, its sole member By: Yorkville Nexus Capital Investments, LLC, an Illinois limited liability company, its manager By: ____________________ Matthew B. Gilbert, Manager EXHIBIT C ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE % COMPLETE OF WORK COMPLETE VALUE 5/1/2023 0%-$ -$ 6/1/2023 5%28,008.50$ 28,008.50$ 7/1/2023 10%84,025.50$ 56,017.00$ 8/1/2023 10%140,042.50$ 56,017.00$ 10/1/2023 15%224,068.00$ 84,025.50$ 11/1/2023 15%308,093.50$ 84,025.50$ 12/1/2023 15%392,119.00$ 84,025.50$ 1/1/2024 15%476,144.50$ 84,025.50$ 2/1/2024 10%532,161.50$ 56,017.00$ 3/1/2024 5%560,170.00$ 28,008.50$ Total 100%560,170.00$ ENGINEERING AGREEMENT - DRAWDOWN SCHEDULE Agreement for Professional Services Lincoln Prairie Water Main United City of Yorkville, IL THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. Services shall include Design Engineering for the Lincoln Prairie Water Main, as shown on Attachment E. All engineering will be performed in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering for the project is $330,482. Direct Expenses are estimated at $59,500. The total contract amount is $389,982. The hourly rates for this project are shown in Attachment F. All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract extends beyond December 31, 2023, the contractor shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after January 1st of 2024. In the event that any rate changes do occur, the new effective rates will not affect the established hourly rates. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Estimated Project Schedule Attachment E : Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60115 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2023. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Bradley P. Sanderson, P.E. Mayor Chief Operating Officer/President _________________________________ ________________________________ Jori Behland Curtis P. Dettmann, P.E. City Clerk Senior Project Manager Attachment A STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. ATTACHMENT B SCOPE OF SERVICES LINCOLN PRAIRIE WATER MAIN United City of Yorkville, IL The United City of Yorkville intends to install approximately 23,900 LF of 16-inch and 12-inch water main from the existing Corneils Road water main to Eldamain, then south toward Faxon, and then east to connect to the existing water main at High Ridge and along a section of Faxon. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract 2.2 Project Meetings • Project Kick-Off Meeting and Two (2) Design Progress Meetings Between the City and EEI • Virtual Design Progress Meeting Between the City, Developer, and EEI prior to Bidding (20 Total) • Coordination with the City and Developer 2.3 Topographic Survey • Field Survey • Prepare Legal Boundaries • Drafting to Create Base File 2.4 Dry Utility and Subcontractor Coordination • Design JULIE • Plan Submission and Coordinate with Private Utilities • Coordination with Subcontractors 2.5 Final Plans, Specifications and Estimates • Preparation of 60%, 90%, and 100% Engineering Plans • Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. • Internal QC/QA 2.6 Regulatory Agency Coordination and Permitting • Prepare IEPA Construction Permit Application and Acquire Permit • Prepare IEPA NOI (Notice of Intent due project disturbance exceeding 1 acre) • Prepare IHPA and IDNR (Ecocat) Permit Applications and Acquire Permits • Prepare BNSF Utility Crossing Application and Acquire Permit • Prepare ComEd and Acquire ComEd Permit/Easement for Work Within ComEd Right-of-Way • Coordinate with US Army Corps of Engineers, Rob Roy Creek Drainage District, and Kendall County Highway Department as required. 2.7 Bidding and Contracting • Prepare Bidders List and Ad for Bid • Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN • Address Bid Questions and Prepare Addenda • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents DIRECT EXPENSES Preparation of easement documents by EEI to be included in easement agreements prepared by the City attorney. The scope of work is based on preparing ten (10) easement documents as there are ten (10) property owners along the project route. The following scope of services will be provided by EEI’s subconsultant’s: Geotechnical and CCDD (Rubino Engineering, Inc.) • Twenty-Four (24) Soil Borings • Prepare Geotechnical Report and CCDD Analysis • Prepare LPC 662/663 Permit Wetland Delineation (GZA) • Wetland Delineation and Reporting • Prepare US Army Corps of Engineers Permitting EXCLUSIONS The above scope of services for the Lincoln Prairie Water Main includes the following exclusions: • Easement Negotiations • Preparation of Easement Agreements • Archeological Surveys • Environmental Surveys Including but Not Limited to Tree Surveys The above scope for “Lincoln Prairie Water Main” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2216-DR PROJECT TITLE DATE PREPARED BY Lincoln Prairie Water Main ADMIN ROLE PIC SPM PM SPE SPM SPT 2 PT 1 SPT2 SPT ADM RATE $239 $227 $204 $179 $227 $167 $135 $167 $156 $70 DESIGN ENGINEERING 2.1 24 16 80 - 9 - - - - - 129 27,731$ 2.2 24 12 34 52 - - - - - - 122 24,704$ 2.3 - - - - 100 132 40 - - - 272 50,144$ 2.4 - - - 20 - - - - - - 20 3,580$ 2.5 10 40 140 525 - - - 160 160 - 1,035 185,685$ 2.6 - 6 26 140 - - - - 5 - 177 32,506$ 2.7 3 2 7 17 - - - - - 7 36 6,132$ Design Engineering Subtotal:61 76 287 754 109 132 40 160 165 7 1,791 330,482$ 61 76 287 754 109 132 40 160 165 7 1,791 330,482 DIRECT EXPENSES Printing = 500$ Rubino (Geotech & CCDD)29,000$ Easement Documentation 20,000$ Wetland & USACE Permitting 10,000$ DIRECT EXPENSES =59,500$ LABOR SUMMARY EEI Engin. Expenses = 225,345$ EEI Survey Expenses = 52,187$ EEI CAD Expenses = 52,460$ EEI Admin. Expenses = 490$ TOTAL LABOR EXPENSES 330,482$ TOTAL COSTS 389,982$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com CPD/BPS3/29/23 COST Project Management and Administration Project Meetings ENGINEERING SURVEYING CAD DRAFTING TASK NO.TASK DESCRIPTION HOURS Bidding and Contracting PROJECT TOTAL: Topographic Survey Dry Utility and Subconsultant Coordination Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting ATTACHMENT D: ESTIMATED PROJECT SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2216-DR PROJECT TITLE DATE PREPARED BY Lincoln Prairie Water Main CPD APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com 2024TASK NO.TASK DESCRIPTION Project Meetings Topographic Survey Construction Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting 3/29/23 Project Management and Administration Dry Utilities and Subconsultant Coordination Bidding and Contracting Easement Acquisition 2023 BeecherDillowPetersonKonrad Nathan J o n ath an DoverK e n n e d yRyanCrestwoodEssex Ov e r l ook NewburyEl denMcMurtrieRed Tail C h esh ireFairhaven WhitePlains High RidgeA la n D ale Redbud NortonMartinCorneils S h ad o wWood McHu g hCaledoniaCannonball Denise Harris D o v erHoneysuckle IroquoisLongviewCanyonTrail ConcordBoomerHubbard Fontana MeadowviewGabrielPa t ri ciaAmanda Yellowstone MarketviewBoombahWesternBoyer CatalpaLaurenEldamainS w a n s o n SearlPinewoodT w in le a f Kr i st enAlice NorthlandLegner Hoffman Faxon SumacK ellerO sbronW inte rb e r r y G o l d e n ro d Blackberry Shore LexingtonCanyon C o m m e r c i a l Br i dgeF a x o n D e a m e s Faxon 0 1,200 2,400 Feet POTENTIAL DEVELOPMENT UNKNOWN WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con ATTACHMENT EPROPOSED WATER MAIN IMPROVEMENTS DATE:MAY 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.us LINCOLN PRAIRIE DEVELOPMENT UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2216 PATH:H:/GIS/PUBLIC/YORKVILLE/2022/ YO2216-WATER MAIN.MXDFILE: PROPOSED 16"WATER MAIN CONNECT TO EXISTING 12" CONNECT TO EXISTING 16" . INTERNAL WATER MAIN TO BE LOOPED INTERNAL WATER MAIN TO BE LOOPED CONNECT TO EXISTING 12" PROPOSED 12"WATER MAIN CONNECT TO EXISTING 12" CONNECT TO EXISTING 16" CONNECT TO EXISTING 16" PROPOSED 16"WATER MAIN EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 BeecherDillowPetersonKonrad Nathan J o n ath an DoverK e n n e d yRyanCrestwoodEssex Ov e r l ook NewburyEl denMcMurtrieRed Tail C h esh ireFairhaven WhitePlains High RidgeA la n D ale Redbud NortonMartinCorneils S h ad o wWood McHu g hCaledoniaCannonball Denise Harris D o v erHoneysuckle IroquoisLongviewCanyonTrail ConcordBoomerHubbard Fontana MeadowviewGabrielPa t ri ciaAmanda Yellowstone MarketviewBoombahWesternBoyer CatalpaLaurenEldamainS w a n s o n SearlPinewoodT w in le a f Kr i st enAlice NorthlandLegner Hoffman Faxon SumacK ellerO sbronW inte rb e r r y G o l d e n ro d Blackberry Shore LexingtonCanyon C o m m e r c i a l Br i dgeF a x o n D e a m e s Faxon 0 1,200 2,400 Feet POTENTIAL DEVELOPMENT UNKNOWN WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con ATTACHMENT EPROPOSED WATER MAIN IMPROVEMENTS DATE:MAY 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.us LINCOLN PRAIRIE DEVELOPMENT UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2216 PATH:H:/GIS/PUBLIC/YORKVILLE/2022/ YO2216-WATER MAIN.MXDFILE: PROPOSED 16"WATER MAIN CONNECT TO EXISTING 12" CONNECT TO EXISTING 16" . INTERNAL WATER MAIN TO BE LOOPED INTERNAL WATER MAIN TO BE LOOPED CONNECT TO EXISTING 12" PROPOSED 12"WATER MAIN CONNECT TO EXISTING 12" CONNECT TO EXISTING 16" CONNECT TO EXISTING 16" PROPOSED 16"WATER MAIN Agreement for Professional Services Lincoln Prairie Sanitary Sewer - Corneils United City of Yorkville, IL THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. Services shall include Design Engineering for the Lincoln Prairie Sanitary Sewer - Corneils, as shown on Attachment E. All engineering will be performed in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering for the project is $66,681. Direct Expenses are estimated at $8,000. The total contract amount is $74,681. The hourly rates for this project are shown in Attachment F. All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract extends beyond December 31, 2023, the contractor shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after January 1st of 2024. In the event that any rate changes do occur, the new effective rates will not affect the established hourly rates. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Estimated Project Schedule Attachment E : Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60115 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2023. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Bradley P. Sanderson, P.E. Mayor Chief Operating Officer/President _________________________________ ________________________________ Jori Behland Curtis P. Dettmann, P.E. City Clerk Senior Project Manager Attachment A STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. ATTACHMENT B SCOPE OF SERVICES LINCOLN PRAIRIE SANITARY SEWER - CORNEILS United City of Yorkville, IL The United City of Yorkville intends to install approximately 1,900 LF of 12-inch sanitary sewer from the Corneils Road interceptor at the southeast corner of the Bright Farms development west along Corneils Road to the Lincoln Prairie development. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract 2.2 Project Meetings • Project Kick-Off Meeting and Two (2) Design Progress Meetings Between the City and EEI • Virtual Design Progress Meeting Between the City, Developer, and EEI prior to Bidding (8 Total) • Coordination with the City and Developer 2.3 Topographic Survey • Field Survey • Prepare Legal Boundaries • Drafting to Create Base File 2.4 Dry Utility and Subcontractor Coordination • Design JULIE • Plan Submission and Coordinate with Private Utilities • Coordination with Subcontractors 2.5 Final Plans, Specifications and Estimates • Preparation of 60%, 90%, and 100% Engineering Plans • Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. • Internal QC/QA 2.6 Regulatory Agency Coordination and Permitting • Prepare IEPA Construction Permit Application and Acquire Permit • Prepare IEPA NOI (Notice of Intent due project disturbance exceeding 1 acre) • Prepare IHPA and IDNR (Ecocat) Permit Applications and Acquire Permits • Coordinate with YBSD as required. 2.7 Bidding and Contracting • Prepare Bidders List and Ad for Bid • Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN • Address Bid Questions and Prepare Addenda • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents DIRECT EXPENSES Preparation of easement documents by EEI to be included in easement agreements prepared by the City attorney. The scope of work is based on preparing one (1) easement document as there is one (1) property owner along the project route. The following scope of services will be provided by EEI’s subconsultant’s: Geotechnical and CCDD (Rubino Engineering, Inc.) • Three (3) Soil Borings • Prepare Geotechnical Report and CCDD Analysis • Prepare LPC 662/663 Permit EXCLUSIONS The above scope of services for the Lincoln Prairie 12” Gravity Sanitary Sewer includes the following exclusions: • Easement Negotiations • Preparation of Easement Agreements • Wetland Services • Archeological Surveys • Environmental Surveys Including but Not Limited to Tree Surveys The above scope for “Lincoln Prairie Sanitary Sewer - Corneils” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2216-DR PROJECT TITLE DATE PREPARED BY Lincoln Prairie Sanitary Sewer - Corneils ADMIN ROLE PIC SPM PM SPE SPM SPT 2 PT 1 SPT2 SPT ADM RATE $239 $227 $204 $179 $227 $167 $135 $167 $156 $70 DESIGN ENGINEERING 2.1 8 4 16 - 2 - - - - - 30 6,538$ 2.2 8 4 7 20 - - - - - - 39 7,828$ 2.3 - - - - 12 20 9 - - - 41 7,279$ 2.4 - - - 8 - - - - - - 8 1,432$ 2.5 2 12 20 82 - - - 30 30 - 176 31,650$ 2.6 - 2 6 21 - - - - 4 - 33 6,061$ 2.7 2 2 7 17 - - - - - 7 35 5,893$ Design Engineering Subtotal:20 24 56 148 14 20 9 30 34 7 362 66,681$ 20 24 56 148 14 20 9 30 34 7 362 66,681 DIRECT EXPENSES Printing = 500$ Rubino (Geotech & CCDD)5,500$ Easement Documentation 2,000$ DIRECT EXPENSES =8,000$ LABOR SUMMARY EEI Engin. Expenses = 48,144$ EEI Survey Expenses = 7,733$ EEI CAD Expenses = 10,314$ EEI Admin. Expenses = 490$ TOTAL LABOR EXPENSES 66,681$ TOTAL COSTS 74,681$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION HOURS Bidding and Contracting PROJECT TOTAL: Topographic Survey Dry Utility and Subconsultant Coordination Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting CPD/BPS3/29/23 COST Project Management and Administration Project Meetings ENGINEERING SURVEYING CAD DRAFTING ATTACHMENT D: ESTIMATED PROJECT SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2216-DR PROJECT TITLE DATE PREPARED BY Lincoln Prairie Sanitary Sewer - Corneils CPD APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Construction Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting 3/29/23 Project Management and Administration Dry Utilities and Subconsultant Coordination Bidding and Contracting Easement Acquisition 2023 2024 TASK NO.TASK DESCRIPTION Project Meetings Topographic Survey C o r n e i l s BridgeEldamainBeecherFaxon Alice KellerHoffman Alan DaleK e n n e d y C a n n o n b a l lBoombah Kr i st enSumacKendall Western Blackberry Shore F a ir h a v e nRyan OsbronNorthlandMcMurtrieEl denLaurenT w in le a f M c H u g hCaledoniaHigh RidgeSearlIroquoisRedbud Canyon Legner BoomerLexingtonNa than C o m m e r c i a l G o l d e n r o d MarketviewJ o n a t h a n W in te rb e rryPinewood HubbardCatalpaS w a n s o nLongview D e a m e s Alexis Boyer Red Tail Hunter MeadowviewP a tri cia Ov e r l ook AmandaD o v er ConcordC h esh ireFaxon F a x o n 0 1,200 2,400 Feet POTENTIAL DEVELOPMENT 8" SANITARY SEWER 10" SANITARY SEWER 12" SANITARY SEWER 14" SANITARY SEWER 15" SANITARY SEWER 16" SANITARY SEWER 18" SANITARY SEWER 24" SANITARY SEWER 30" SANITARY SEWER 36" SANITARY SEWER 42" SANITARY SEWER 48" SANITARY SEWER Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con ATTACHMENT EPROPOSED SANITARY SEWER IMPROVEMENTS DATE:AUGUST 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.us LINCOLN PRAIRIE DEVELOPMENT UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2216 PATH:H:/GIS/PUBLIC/YORKVILLE/2022/ YO2216-ATTACHMENT E PROPOSED 12IN SANITARY SEWER.MXDFILE: .PROPOSED CORNEILSROAD INTERCEPTOR CONNECT TO EXISTING 30" PROJECT LIMITS PROPOSED SANITARY SEWER EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 Agreement for Professional Services Lincoln Prairie Sanitary Sewer - South United City of Yorkville, IL THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. Services shall include Design Engineering for the Lincoln Prairie Sanitary Sewer – South, as shown on Attachment E. All engineering will be performed in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering for the project is $84,507. Direct Expenses are estimated at $11,000. The total contract amount is $95,507. The hourly rates for this project are shown in Attachment F. All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract extends beyond December 31, 2023, the contractor shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after January 1st of 2024. In the event that any rate changes do occur, the new effective rates will not affect the established hourly rates. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Estimated Project Schedule Attachment E : Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60115 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2023. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Bradley P. Sanderson, P.E. Mayor Chief Operating Officer/President _________________________________ ________________________________ Jori Behland Curtis P. Dettmann, P.E. City Clerk Senior Project Manager Attachment A STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. ATTACHMENT B SCOPE OF SERVICES LINCOLN PRAIRIE SANITARY SEWER - SOUTH United City of Yorkville, IL The United City of Yorkville intends to install approximately 2,910 LF of sanitary sewer from the existing 36” sanitary sewer on the east side of Rob Roy Creek west to the Lincoln Prairie development at Beecher Road. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract 2.2 Project Meetings • Project Kick-Off Meeting and Two (2) Design Progress Meetings Between the City and EEI • Virtual Design Progress Meeting Between the City, Developer, and EEI prior to Bidding (10 Total) • Coordination with the City and Developer 2.3 Topographic Survey • Field Survey • Prepare Legal Boundaries • Drafting to Create Base File 2.4 Dry Utility and Subcontractor Coordination • Design JULIE • Plan Submission and Coordinate with Private Utilities • Coordination with Subcontractors 2.5 Final Plans, Specifications and Estimates • Preparation of 60%, 90%, and 100% Engineering Plans • Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. • Internal QC/QA 2.6 Regulatory Agency Coordination and Permitting • Prepare IEPA Construction Permit Application and Acquire Permit • Prepare IEPA NOI (Notice of Intent due project disturbance exceeding 1 acre) • Prepare IHPA and IDNR (Ecocat) Permit Applications and Acquire Permits • Coordinate with Rob Roy Creek Drainage District and YBSD as required. 2.7 Bidding and Contracting • Prepare Bidders List and Ad for Bid • Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN • Address Bid Questions and Prepare Addenda • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents DIRECT EXPENSES Preparation of easement documents by EEI to be included in easement agreements prepared by the City attorney. The scope of work is based on preparing two (2) easement documents as there are two (2) property owners along the project route. The following scope of services will be provided by EEI’s subconsultant’s: Geotechnical and CCDD (Rubino Engineering, Inc.) • Four (4) Soil Borings • Prepare Geotechnical Report and CCDD Analysis • Prepare LPC 662/663 Permit EXCLUSIONS The above scope of services for the Lincoln Prairie 14” Gravity Sanitary Sewer includes the following exclusions: • Easement Negotiations • Preparation of Easement Agreements • Wetland Services • Archeological Surveys • Environmental Surveys Including but Not Limited to Tree Surveys The above scope for “Lincoln Prairie Sanitary Sewer - South” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2216-DR PROJECT TITLE DATE PREPARED BY Lincoln Prairie Sanitary Sewer - South ADMIN ROLE PIC SPM PM SPE SPM SPT 2 PT 1 SPT2 SPT ADM RATE $239 $227 $204 $179 $227 $167 $135 $167 $156 $70 DESIGN ENGINEERING 2.1 8 4 20 - 2 - - - - - 34 7,354$ 2.2 8 4 7 20 - - - - - - 39 7,828$ 2.3 - - - - 25 38 18 - - - 81 14,451$ 2.4 - - - 16 - - - - - - 16 2,864$ 2.5 4 12 26 94 - - - 36 36 - 208 37,438$ 2.6 - 2 9 30 - - - - 5 - 46 8,440$ 2.7 3 2 7 17 - - - - - 7 36 6,132$ Design Engineering Subtotal:23 24 69 177 27 38 18 36 41 7 460 84,507$ 23 24 69 177 27 38 18 36 41 7 460 84,507 DIRECT EXPENSES Printing = 500$ Rubino (Geotech & CCDD)6,500$ Easement Documentation 4,000$ DIRECT EXPENSES =11,000$ LABOR SUMMARY EEI Engin. Expenses = 56,704$ EEI Survey Expenses = 14,905$ EEI CAD Expenses = 12,408$ EEI Admin. Expenses = 490$ TOTAL LABOR EXPENSES 84,507$ TOTAL COSTS 95,507$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION HOURS Bidding and Contracting PROJECT TOTAL: Topographic Survey Dry Utility and Subconsultant Coordination Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting CPD/BPS3/29/23 COST Project Management and Administration Project Meetings ENGINEERING SURVEYING CAD DRAFTING ATTACHMENT D: ESTIMATED PROJECT SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2216-DR PROJECT TITLE DATE PREPARED BY Lincoln Prairie Sanitary Sewer - South CPD APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Construction Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting 3/29/23 Project Management and Administration Dry Utilities and Subconsultant Coordination Bidding and Contracting Easement Acquisition 2023 2024 TASK NO.TASK DESCRIPTION Project Meetings Topographic Survey C o r n e i l s BridgeEldamainBeecherFaxon Alice KellerHoffman Alan DaleK e n n e d y C a n n o n b a l lBoombah Kr i st enSumacKendall Western Blackberry Shore F a ir h a v e nRyan OsbronNorthlandMcMurtrieEl denLaurenT w in le a f M c H u g hCaledoniaHigh RidgeSearlIroquoisRedbud Canyon Legner BoomerLexingtonNa than C o m m e r c i a l G o l d e n r o d MarketviewJ o n a t h a n W in te rb e rryPinewood HubbardCatalpaS w a n s o nLongview D e a m e s Alexis Boyer Red Tail Hunter MeadowviewP a tri cia Ov e r l ook AmandaD o v er ConcordC h esh ireFaxon F a x o n 0 1,200 2,400 Feet POTENTIAL DEVELOPMENT 8" SANITARY SEWER 10" SANITARY SEWER 12" SANITARY SEWER 14" SANITARY SEWER 15" SANITARY SEWER 16" SANITARY SEWER 18" SANITARY SEWER 24" SANITARY SEWER 30" SANITARY SEWER 36" SANITARY SEWER 42" SANITARY SEWER 48" SANITARY SEWER Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con ATTACHMENT EPROPOSED SANITARY SEWER IMPROVEMENTS DATE:AUGUST 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.us LINCOLN PRAIRIE DEVELOPMENT UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2216 PATH:H:/GIS/PUBLIC/YORKVILLE/2022/ YO2216-ATTACHMENT E PROPOSED 14IN SANITARY SEWER.MXDFILE: PROPOSED SANITARYSEWER INV. 620.57 CONNECT TO EXISTING 36" .PROPOSED CORNEILSROAD INTERCEPTOR CONNECT TO EXISTING 30" PROJECT LIMITS EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 C o r ne il s BridgeEldamainBeecherFaxon Alice KellerHoffman Alan DaleK e n n e d y C a n n o n b a l lBoombah Kr i st enSumacKendall Western Blackberry Shore F a i r h a v e nRyan OsbronNorthlandMcMurtrieEl denLaurenT w in le a f M c H u g hCaledoniaHigh RidgeSearlIroquoisRedbud Canyon Legner BoomerLexingtonNathan C o m m e r c i a l G o l d e n r o d MarketviewJ o n a t h a n W in te rb e rryPinewood HubbardCatalpaS w a n s o nLongview D e a m e s Alexis Boyer Red Tail Hunter MeadowviewP a tricia Ov e r l ook AmandaD o v er ConcordC h esh ireFaxon F a x o n 0 1,200 2,400 Feet POTENTIAL DEVELOPMENT 8" SANITARY SEWER 10" SANITARY SEWER 12" SANITARY SEWER 14" SANITARY SEWER 15" SANITARY SEWER 16" SANITARY SEWER 18" SANITARY SEWER 24" SANITARY SEWER 30" SANITARY SEWER 36" SANITARY SEWER 42" SANITARY SEWER 48" SANITARY SEWER Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con SANITARY SEWER IMPROVEMENTSDATE:MARCH 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.us POTENTIAL DEVELOPMENTUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2216 PATH:H:/GIS/PUBLIC/YORKVILLE/2022/ YO2216-SANITARY SEWER.MXDFILE: PROPOSED 15" SANITARYSEWER INV. 620.57 CONNECT TO EXISTING 36" .PROPOSED CORNEILSROAD INTERCEPTOR CONNECT TO EXISTING 30" PROPOSED SEWER EXTENSION Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2023-43 Heartland Meadows Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to City Council agenda. PW 2023-43 Majority Approval Subdivision Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements has been completed with the exception of public sidewalk on eight (8) lots. It is anticipated that the sidewalk will be completed within the next year. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. Along with final acceptance, there is a bond reduction to 10% of the value of the public improvements (Maintenance Guarantee). The existing bonds and new amounts are as follows: Midland State Bank #437-1 $255,065.90 Current Total Bond Value $255,065.90 Original Value $1,256,223.00 Required Value (10% of Original) $133,399.30 Net Allowable Reduction $121,666.60 Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and new guarantee amount, the existing security may then be released. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: May 1, 2023 Subject: Heartland Meadows 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Heartland Meadows and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Name: Title: Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public COMPLETED COMPLETED TOTAL TOTALITEM QUANTITY VALUE THIS COMPLETED COMPLETEDNO. ITEM QUANTITY UNITS VALUE UNIT PRICE THIS PERIOD PERIOD QUANTITY VALUES1 CA-6 GRANULAR BACKFILL TRENCHES 2025 TONS 56,700.00$ 28.00$ 0 0.00 2,02556,700.002 CA-7 GRANULAR BACKFILL UTILITY TRENCHES 7,025 TONS 196,700.00$ 28.00$ 0 0.00 7,025196,700.003 2' DIA TYPE A INLET13 EACH 18,200.00$ 1,400.00$ 00.001318,200.004 4' DIA CATCH BASIN7 EACH 14,700.00$ 2,100.00$ 0 0.00 714,700.005 5' DIA CATCH BASIN6 EACH 16,800.00$ 2,800.00$ 0 0.00 616,800.006 12" HDPE N12 PIPE465 FOOT 20,925.00$ 45.00$ 0 0.00 46520,925.007 12" RCP STORM SEWER565 FOOT 25,425.00$ 45.00$ 0 0.00 56525,425.008 15" RCP STORM SEWER262 FOOT 13,100.00$ 50.00$ 0 0.00 26213,100.009 18" RCP STORM SEWER190 FOOT 10,450.00$ 55.00$ 0 0.00 19010,450.0010 24" RCP STORM SEWER277 FOOT 18,005.00$ 65.00$ 0 0.00 27718,005.0011 4' DIA. OUTFALL STRUCTURE 1 EACH 2,400.00$ 2,400.00$ 0 0.00 12,400.0012 12" FLARED END SECTION W/ GRATE 2 EACH 1,300.00$ 650.00$ 0 0.00 21,300.0013 24" FLARED END SECTION W/ GRATE 2 EACH 1,700.00$ 850.00$ 0 0.00 21,700.0014 CONNECT TO EXISTING SVC15 EACH 3,750.00$ 250.00$ 00.00153,750.0015 WATER SERVICE WITH B-BOX46 EACH 32,200.00$ 700.00$ 00.004632,200.0016 6" DIP WATERMAIN AND FITTINGS 9 FOOT 378.00$ 42.00$ 00.009378.0017 8" DIP WATERMAIN AND FITTINGS 912 FOOT 45,600.00$ 50.00$ 0 0.00 91245,600.0018 FIRE HYDRANT W/AUX. VALVE3 EACH 10,500.00$ 3,500.00$ 00.00310,500.0019 8" GATE VALVE2 EACH 3,000.00$ 1,500.00$ 00.0023,000.0020 WATER MAIN PRESSURE CONNECT W/5' VAULT 2 EACH 10,000.00$ 5,000.00$ 00.00210,000.0021 6" PVC SDR26 SANITARY PIPE 1,432 FOOT 57,280.00$ 40.00$ 0 0.00 1,43257,280.0022 4' DIA SANITARY MANHOLE6 EACH 16,800.00$ 2,800.00$ 00.00616,800.0023 8" PVC SDR26 SANITARY PIPE991 FOOT 39,640.00$ 40.00$ 0 0.00 99139,640.0024 8" PVC SDR21 SANITARY PIPE284 FOOT 14,200.00$ 50.00$ 0 0.00 28414,200.0025 PRIMER COAT270 GALS 810.00$ 3.00$ 0 0.00 270810.0026 STABILIZED CONSTRUCTION ENTRANCE BASE 35 TONS 980.00$ 28.00$ 00.0035980.0027 SAW CUTS1,535 FOOT 3,070.00$ 2.00$ 0 0.00 1,5353,070.0028 MILLING & RESURFACE FREEMONT 104 TONS 12,480.00$ 120.00$ 0 0.00 10412,480.0029 RESURFACE JACKSON150 TONS 15,000.00$ 100.00$ 0 0.00 15015,000.0030 RESURFACE BRISTOL95 TONS 9,500.00$ 100.00$ 00.00959,500.0031 COMB. CONCRETE B-612 CURB & GUTTER 2,950 FOOT 67,850.00$ 23.00$ 0 0.00 2,95067,850.0032 CLASS D PATCHES - SANITARY SERVICE 13 EACH 9,750.00$ 750.00$ 00.00139,750.0033 CLASS D PATCHES - WATER SERVICE 6 EACH 3,000.00$ 500.00$ 00.0063,000.0034 AGGREGATE COURSE. TYPE A, CA-6 1,795 TONS 50,260.00$ 28.00$ 0 0.00 1,79550,260.0035 5" P.C.C. PAVEMENT / SIDEWALK 15,911 SQ FT 111,377.00$ 7.00$ 6,498 45,486.00 14,901104,307.0036 HMA IL - 19. N50 2 1/2" BINDER COURSE 460 TONS 41,400.00$ 90.00$ 0 0.00 46041,400.0037 HMA IL - 12.5 N50 1 1/2" SURFACE COURSE 275 TONS 27,500.00$ 100.00$ 275 27,500.00 27527,500.0038 HMA IL - 9.5. N50 3" SURFACE COURSE 120 TONS 12,000.00$ 100.00$ 120 12,000.00 12012,000.0039 HMA IL - 12.5. N50 3" SURFACE COURSE 57 TONS 5,700.00$ 100.00$ 57 5,700.00 575,700.0040 TRAFFIC CONTROL1LUMP SUM6,000.00$ 6,000.00$ 0.50 3,000.00 1.00 6,000.0041 SEEDING CLASS 1A2 ACRE 4,500.00$ 3,000.00$ 0.84 2,520.00 1.50 4,500.00BOND REDUCTION NO. 4 - HEARTLAND MEADOWSUNITED CITY OF YORKVILLEMAY 16, 2023Page 1\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1343-DR Heartland Meadows\Letter of Credit Reductions\LOC Reductions - Heartland Meadows COMPLETED COMPLETED TOTAL TOTALITEM QUANTITY VALUE THIS COMPLETED COMPLETEDNO. ITEM QUANTITY UNITS VALUE UNIT PRICE THIS PERIOD PERIOD QUANTITY VALUESBOND REDUCTION NO. 4 - HEARTLAND MEADOWSUNITED CITY OF YORKVILLEMAY 16, 202342 DETENTION POND13,845 CU YD 138,450.00$ 10.00$ 0 0.00 13,845138,450.0043 EROSION BLANKET3,187 SQ YD 4,780.50$ 1.50$ 0 0.00 3,1874,780.5044 LANDSCAPING - TREES75 EACH 30,000.00$ 400.00$ 15 6,000.00 7530,000.0045 POWER POLE RELOCATION3 EACH 30,000.00$ 10,000.00$ 00.00330,000.0046 SIGNAGE9 EACH 2,700.00$ 300.00$ 00.0092,700.0047 THERMOPLASTIC STRIPING INCL. STOP BAR 975 FOOT 1,462.50$ 1.50$ 0 0.00 9751,462.5048 LIGHT POLE3 EACH 15,000.00$ 5,000.00$ 00.00315,000.0049 DRIVEWAY APRON REMOVAL230 SQ FT 1,150.00$ 5.00$ 0 0.00 2301,150.0050 SIDEWALK REMOVAL990 SQ FT 4,950.00$ 5.00$ 0 0.00 9904,950.0051 EROSION CONTROL SEEDING 3 ACRE 9,000.00$ 3,000.00$ 1.50 4,500.00 3.009,000.0052 PERIMETER EROSION BARRIER 2,400 FOOT 4,800.00$ 2.00$ 1,200 2,400.00 2,4004,800.0053 ADDITIONAL EROSION CONTROL ITEMS 1LUMP SUM3,000.00$ 3,000.00$ 0.50 1,500.00 1.003,000.00TOTAL1,256,223.00$ 110,606.00$ 1,249,153.00$ PREVIOUS REDUCTIONSVALUESTOTAL IMPROVEMENT COST1,256,223.00$ REDUCTION NO. 11,110,534.25$ TOTAL VALUE OF COMPLETED IMPROVEMENTS1,249,153.00$ REDUCTION NO. 271,711.75$ COST TO COMPLETE IMPROVEMENTS7,070.00$ REDUCTION NO. 371,688.10$ BALANCE OF SECURITY255,065.90$ PREPARED BY:DATE:NEW BALANCE OF SECURITY REQUIRED133,399.30$ (120% COST TO COMPLETE + 10% COMPLETED IMPROVEMENTS) APPROVED BY:DATE:NET ALLOWABLE BOND REDUCTION121,666.60$ Page 2\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1343-DR Heartland Meadows\Letter of Credit Reductions\LOC Reductions - Heartland Meadows EXHIBIT A HEARTLAND MEADOWS UNITED CITY OF YORKVILLE UNIT QUANTITIY TONS 250 EACH 13 EACH 7 EACH 6 FOOT 465 FOOT 565 FOOT 262 FOOT 190 FOOT 277 EACH 1 EACH 2 EACH 2 TONS 1,775 EACH 15 EACH 46 FOOT 9 FOOT 912 EACH 3 EACH 2 EACH 2 TONS 7,025 FOOT 1,432 EACH 6 FOOT 991 FOOT 284 GALS 270 TONS 35 FOOT 785 TONS 104 TONS 150 TONS 95 FOOT 2,950 EACH 13 EACH 6 TONS 1,795 SQ FT 15,911 TONS 460 TONS 275 TONS 120 PRIMER COAT STABILIZED CONSTRUCTION ENTRANCE BAS SAW CUTS MILLING & RESURFACE FREEMONT RESURFACE JACKSON RESURFACE BRISTOL COMB. CONCRETE B-612 CURB & GUTTER CLASS D PATCHES - SANITARY SERVICE CLASS D PATCHES - WATER SERVICE AGGREGATE COURSE. TYPE A, CA-6 24" FLARED END SECTION W/ GRATE WATER MAIN CONSTRUCTION CA-6 GRANULAR BACKFILL TRENCHES 12" RCP STORM SEWER 15" RCP STORM SEWER 18" RCP STORM SEWER 24" RCP STORM SEWER 4' DIA. OUTFALL STRUCTURE 8" PVC SDR21 SANITARY PIPE ROADWAY CONSTRUCTION CONNECT TO EXISTING SVC WATER SERVICE WITH B-BOX 6" DIP WATERMAIN AND FITTINGS 8" DIP WATERMAIN AND FITTINGS SANITARY SEWER CONSTRUCTION FIRE HYDRANT W/AUX. VALVE 8" GATE VALVE W. MAIN PRESSURE CONNECT W/5' VAULT CA-7 GRANULAR BACKFILL UTILITY TRENCHES 6" PVC SDR26 SANITARY PIPE 4' DIA SANITARY MANHOLE 8" PVC SDR26 SANITARY PIPE 12" FLARED END SECTION W/ GRATE UTILITIES STORM SEWER CONSTRUCTION CA-6 GRANULAR BACKFILL TRENCHES 4' DIA CATCH BASIN 5' DIA CATCH BASIN 12" HDPE N12 PIPE 2' DIA. TYPE A INLET 5" P.C.C. PAVEMENT / SIDEWALK HMA IL - 19. N50 2 1/2" BINDER COURSE HMA IL - 12.5 N50 1 1/2" SURFACE COURSE HMA IL - 9.5. N50 3" SURFACE COURSE EXHIBIT A HEARTLAND MEADOWS UNITED CITY OF YORKVILLE TONS 57 L.S.3 FOOT 750 ACRE 2 C.Y.13,845 S.Y.3,187 EACH 75 EACH 3 EACH 9 FOOT 975 EACH 3 SQ FT 230 SQ FT 990 ACRE 3 FOOT 2,400 L.S.3 GENERAL CONSTRUCTION TRAFFIC CONTROL HMA IL - 12.5. N50 3" SURFACE COURSE EROSION CONTROL EROSION CONTROL SEEDING PERIMETER EROSION BARRIER ADDITIONAL EROSION CONTROL ITEMS SAW CUTS SEEDING CLASS 1A DETENTION POND EROSION BLANKET LANDSCAPING - TREES POWER POLE RELOCATION SIGNAGE THERMOPLASTIC STRIPING INCL. STOP BAR LIGHT POLE DRIVEWAY APRON REMOVAL SIDEWALK REMOVAL )()-()-PARK WALNUT JACKSONBRIDGE ELM LIBERTYBRISTOLALEXANDRA FREEMONT720 711 607 713 715 111 803 805 910 702 608 708 201 906 804 204 205 204 208 205 206 920 924 928 207 208 302 304 301 1065 306 1063 304 303 1061 307 308 1051 306 1047 307 901 1043 310 603 308 401 804 804 402 788 401 905 801 803 805 807 809 811840 838 836 834 832 830 828 826824822820818816814 813 811 809 807 805 803 801812 810 808 806 802 800 800 841 839 837 835 833 831 802 804 806 808 810 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 HEARTLAND MEADOWS LOCATION MAP www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: APRIL 2023 YO1343 YO1343_Heartland Meadows Road Exhibit B.MXD H:\GIS\PUBLIC\YORKVILLE\2013\ MJT NO.REVISIONS ³United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630-553-4350www.yorkville.il.us UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS Legend Heartland Meadows Boundary Roadway Acceptance Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2023-44 2023 Sanitary Sewer Lining – Design and Construction Engineering Agreement Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to City Council agenda. PW 2023-44 Majority Approval Bart Olson Name Department Summary Consideration of a design and construction services agreement with EEI for the 2023 sanitary sewer lining program. Background This item was last discussed during the FY 23 budget presentation, when the City Council reviewed a budget proposal that contains $400,000 for sanitary sewer lining. Since that meeting, the staff have narrowed down the geographic location of the proposed sewer lining (King St, Tower Lane, and surrounding area). Accordingly, EEI has submitted a design and construction engineering agreement for our consideration. The agreement submitted by EEI covers both design and construction engineering and sewer televising. The total cost of the contract is estimated to be ~$43,000 including a fixed fee design engineering contract amount of $26,532 (which includes ~$14,000 for sewer televising and cleaning) plus construction engineering fees paid at hourly rates in the estimated amount of $17,039. Recommendation Staff recommends approval of the professional services agreement with EEI for design and construction engineering, and sanitary sewer televising. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 11, 2023 Subject: Sanitary sewer lining – design and construction engineering agreement 2023 Sanitary Sewer Lining United City of Yorkville Professional Services Agreement - Design and Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Design and construction engineering will be provided for approximately 4,900 linear feet of sanitary sewer lining on Tower Lane, Somonauk St., King St., and Center St., (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $26,532, of which direct are estimated at $13,750. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $17,039. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 2023 Sanitary Sewer Lining United City of Yorkville Professional Services Agreement Design & Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). 2023 Sanitary Sewer Lining United City of Yorkville Professional Services Agreement Design & Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal 2023 Sanitary Sewer Lining United City of Yorkville Professional Services Agreement Design & Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any 2023 Sanitary Sewer Lining United City of Yorkville Professional Services Agreement Design & Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2023. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Behland Angie Smith City Clerk Executive Assistant STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. Attachment B – Scope of Services 2023 Sanitary Sewer Lining United City of Yorkville, IL The United City of Yorkville intends to install a CIPP liner for approximately 4,900’ of sanitary sewer along Tower Lane, Somonauk St., King St., and Center St. Our proposed scope of services for Design Engineering will include the following: 2.1 Project Management and Administration x Management of Personnel and the Engineering Contract x Coordination with the City x Coordinate Televising of Sewer and Review of Existing Conditions 2.2 Project Meetings x Project Kick-Off Meeting Between the City and EEI 2.3 Bid Package, Specifications and Estimates x Preparation of 50% Specifications x Preparation of 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. 2.4 Bidding and Contracting x Prepare Bidders List and Ad for Bid x Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN x Address Bid Questions and Prepare Addenda x Attend Bid Opening x Prepare Bid Tab, Bid Summary, and Recommendation of Award x Execute Contract Documents The following scope of services will be provided by EEI’s Subconsultant: CamVac – Televising Existing Sanitary Sewer Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration x Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes x Shop Drawing Review x Prepare and Handout Construction Notice Flyers to Residents x Coordinate with City Services (Garbage, Mail, Etc.) x Prepare Pay Estimates and Change Orders x Gather Invoices and Waivers of Lien x Provide Weekly Updates to City or as Required Based on Onsite Activities 2023 Sanitary Sewer Lining United City of Yorkville Professional Services Agreement Design and Construction Engineering Attachment B - Scope of Services 3.2 Construction Observation and Documentation x Provide Resident Engineering Services for Construction x Provide Quantity Tracking, Documentation and Daily Field Reports x Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) x Prepare Project Closeout Paperwork The above scope for “2023 Sanitary Sewer Lining” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BY2023 Sanitary Sewer LiningROLE PIC PM SPT 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $167 $162 $227 $167 $135 $167 $156 $70DESIGN ENGINEERING2.1 Project Management and Administration - 6 - 4 - - - - - - 10 1,872$ 2.2 Project Meetings 2 2 - 4 - - - - - - 8 1,534$ 2.3 Bid Package, Specifications and Estimates - 7 - 24 - - - - - - 31 5,316$ 2.4 Bidding and Contracting - 4 - 17 - - - - - 7 28 4,060$ Insert Task Subtotal: 2 19 - 49 - - - - - 7 - 77 12,782$ CONSTRUCTION ENGINEERING3.1 Construction Administration 2 14 20 - - - - - - 2 38 6,814$ 3.2 Observation and Documentation - 2 56 - - - - - - 2 60 9,900$ Insert Task Subtotal: 2 16 76 - - - - - - 4 - 98 16,714$ 2 19 - 49 - - - - - 7 - 77 29,496 DIRECT EXPENSESVehicle Charges = 325$ Cleaning & Televising = 13,750$ DIRECT EXPENSES = 14,075$ LABOR SUMMARYEEI Labor Expenses = 29,496$ TOTAL LABOR EXPENSES29,496$ TOTAL COSTS 43,571$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2314-PPROJECT TITLEDATE PREPARED BY2023 Sanitary Sewer LiningKDWJUNE JULYAUG SEPT OCT NOV DEC JAN FEB MARAPR MAYDESIGN ENGINEERING2.1Project Management and Administration2.2Project Meetings2.3Bid Package, Specifications and Estimates2.4Bidding and ContractingCONSTRUCTION ENGINEERING3.1Construction Administration3.2Observation and Documentation 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION5/4/232023 2024 !( !(!( !(!( !(!( !( !(!( !(!( !( !( !( !(!(!( !(!( !( !( !( !( !( !(!(!(!( !(!( !( !( !(!( !(!( !(!(!(!(!(!(!( !(!( !( !( !(!( !( !( !(!(!( !(!( !( !(!( !( !( !( !( !(!( !(!(!( !( !( !(!( !(!(!( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !(!(!( !(!(!(!( !( !( !( !( !( !(!( !(!(!( !( !( !( !( !( !(!(!(!( !(!( !(!( !( !( !(!( W Somonauk StGame Farm RdSunset AveE Somonauk St S Bridge StChurch StDaltonAveColton StLiberty StW Main St Appletree Ct E Park St W Spring St W Center St King StW River St E Center St E Spring St Bristol AveTower LnConover Ln E Main StWest StJackson St Walnut St N Bridge StN Bridge StGeorgeanna St 8 " 6" 12"8"10" 6" 8" 6"8"15"10"8" 8"8"10"8" 12" 8" 14" 8" 24"10"12"8"10"10"14" 8"8"8" 12"10"15"12"8"10"8"8"12" 8" 8" 6" Copyright nearmap 2015 WalshEngineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 2023 SANITARY SEWER LINING LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: APRIL 2023 YO2306 YO2218_Sanitary Lining Center-King.MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630-553-4350 ³ 400 0 400200 Feet Old SANITARY SEWER LINING 390 LF, 8" SANITARY SEWER LINING 920 LF, 15" SANITARY SEWER LINING 725 LF 12" SANITARY SEWER LINING 725 LF 12" SANITARY SEWER LINING 2,105 LF 10" Legend Sanitary Sewer Lining $77$&+0(17( EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2023-45 2024 Water Main Replacement - Design Engineering Agreement Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to City Council agenda. PW 2023-45 Majority Approval Brad Sanderson Engineering Name Department Summary Consideration of two design engineering agreements with EEI for the 2024 watermain replacement program. Background This item was last discussed during the FY 24 budget presentation, when the City Council reviewed a budget proposal that contains more than $5,000,000 for watermain replacement in FY 25. In order to bid these items out in Spring 2024, the design engineering needs to begin immediately. Accordingly, EEI has submitted two design engineering contracts for the 2024 watermain replacement program. The two agreements submitted by EEI covers design engineering services only. The total cost of both contracts is $340,507, and this cost is included in the FY 24 and FY 25 budget. The first contract (A) is for $172,070 and includes watermain work occurring generally north of the Fox River, West of Route 47 and South of Route 34. The second contract (B) is for $168,437 and includes watermain work occurring in and around the Fox Industrial Park south of town. EEI and staff are recommending that we split this work into the two contracts so both projects are around $2-3m (any larger and we might be outside the capabilities of local contractors) and so that the two projects are grouped geographically. Recommendation Staff recommends approval of the professional services agreement with EEI for design engineering for the 2024 watermain replacement program. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 11, 2023 Subject: Watermain design engineering contracts (A and B) 2024 Water Main Improvements – Contract A United City of Yorkville Professional Services Agreement - Design Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Design engineering will be provided for approximately 5,200 linear feet of water main improvements on Center St., West St., Park St., Spring St., Colton St., and River St. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $172,070, of which direct expenses are estimated at $11,285. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 2024 Water Main Improvements – Contract A United City of Yorkville Professional Services Agreement Design Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). 2024 Water Main Improvements – Contract A United City of Yorkville Professional Services Agreement Design Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal 2024 Water Main Improvements – Contract A United City of Yorkville Professional Services Agreement Design Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any 2024 Water Main Improvements – Contract A United City of Yorkville Professional Services Agreement Design Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2023. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Behland Angie Smith City Clerk Executive Assistant STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. 2024 Water Main Improvements – Contract A United City of Yorkville, IL Professional Services Agreement - Design Engineering Attachment B – Scope of Services DESIGN ENGINEERING 2.1 Project Management and Administration x Budget Tracking x Management of Personnel and the Engineering Contract x Coordination with the City and Other Regulatory Agencies (IEPA) x Coordination with Bristol Township 2.2 Project Meetings x Project Kick-Off Meeting Between the City and EEI x One (1) Design Progress Meeting Between the City and, EEI prior to Bidding x One (1) Design Meeting Between the City, Bristol Township, and EEI prior to Bidding. 2.3 Topographic Survey x Field Survey x Drafting to Create Base File 2.4 Utility Coordination x Design JULIE x Plan Submission and Coordinate with Private Utilities 2.5 Final Plans, Specifications and Estimates x Preparation of 60%, 90%, and 100% Engineering Plans x Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. 2.6 Permits x Prepare IEPA Documentation for CCDD Management of Soils x Prepare IEPA Construction Permit Application and Acquire Permit 2.7 Bidding and Contracting x Prepare Bidders List and Ad for Bid x Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN x Address Bid Questions and Prepare Addenda x Attend Bid Opening x Prepare Bid Tab, Bid Summary, and Recommendation of Award x Execute Contract Documents ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BY2024 Water Main Improvements - Contract AROLE PIC PM SPE 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $192 $162 $227 $167 $135 $167 $156 $70PROJECT ADMINISTRATION2.1 Project Management and Administration 4 28 15 - - - - - - - 47 9,548$ 2.2 Project Meetings 7 7 12 - - - - - - - 26 5,405$ 2.3 Topographic Survey - - - - 57 68 36 - - - 161 29,155$ 2.4 Utility Coordination - 2 20 - - - - - - - 22 4,248$ 2.5 Final Plans, Specifications, and Estimates 16 32 180 140 - - - 50 170 - 588 102,462$ 2.6 Permits - 4 20 - - - - - - - 24 4,656$ 2.7 Bidding and Contracting 1 6 10 9 - - - - - 7 33 5,331$ Insert Task Subtotal: 28 79 257 149 57 68 36 50 170 7 - 901 160,805$ 28 79 257 149 57 68 36 50 170 7 - 901 160,805 DIRECT EXPENSESMileage = 320$ Printing = 260$ Material Testing = -$ Environmental Assessment = 10,685$ DIRECT EXPENSES = 11,265$ LABOR SUMMARYEEI Labor Expenses = 160,805$ TOTAL LABOR EXPENSES160,805$ TOTAL COSTS 172,070$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2314-PPROJECT TITLEDATE PREPARED BY2024 Water Main Replacement - Contract AKDWJUNE JULYAUG SEPT OCT NOV DEC JAN FEB MARAPR MAYPROJECT ADMINISTRATION2.1 Project Management and Administration2.2 Project Meetings2.3 Topographic Survey2.4 Utility Coordination2.5 Final Plans, Specifications, and Estimates2.6 Permits2.7 Bidding and Contracting 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION5/4/232023 2024 GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GFGFGFGF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GFGF GF GF GF GF GF GF GFGF GFGF GF GF GF GF GF GF GF GF GF GF GF GFGF !(!( !(!(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !(!( !( !( !(!( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !(!(!( !( !( !(!( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !(!(!(!(!(!( !( !( !( !( !( !( !( !( !(!( !( !(!(!( !(!( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !(!(!( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!( !(!( !( !(!( !(!( !( !( !( !( !( !(!( !(!( !( !(!( !(!( !(!(BridgeMain Center River Somonauk Park Spring FreemontKingLibertyGame FarmBristolChurchPleasure ColtonSunsetWalnut Jackson Conover Georgeanna WestLandmark DaltonPrairieTowerElm Appletree Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Legend 2024 Water Main Replacement !(VALVE GF HYDRANT Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN 2024 WATER MAIN REPLACEMENT - CONTRACT A www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: MAY 2023 YO2314 YO2314_2024 Water Main Replacement Contract A. MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT ³ 1,000 0500 Feet EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 2024 Water Main Improvements – Contract B United City of Yorkville Professional Services Agreement - Design Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Design engineering will be provided for approximately 5,600 linear feet of water main improvements on Beaver St., Deer St., Badger St., and Wolf St. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $168,437, of which direct expenses are estimated at $10,310. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 2024 Water Main Improvements – Contract B United City of Yorkville Professional Services Agreement Design Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). 2024 Water Main Improvements – Contract B United City of Yorkville Professional Services Agreement Design Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal 2024 Water Main Improvements – Contract B United City of Yorkville Professional Services Agreement Design Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any 2024 Water Main Improvements – Contract B United City of Yorkville Professional Services Agreement Design Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2023. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Behland Angie Smith City Clerk Executive Assistant STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. 2024 Water Main Improvements – Contract A United City of Yorkville, IL Professional Services Agreement - Design Engineering Attachment B – Scope of Services DESIGN ENGINEERING 2.1 Project Management and Administration x Budget Tracking x Management of Personnel and the Engineering Contract x Coordination with the City and Other Regulatory Agencies (IEPA) x Coordination with Bristol Township 2.2 Project Meetings x Project Kick-Off Meeting Between the City and EEI x One (1) Design Progress Meeting Between the City and, EEI prior to Bidding x One (1) Design Meeting Between the City, Bristol Township, and EEI prior to Bidding. 2.3 Topographic Survey x Field Survey x Drafting to Create Base File 2.4 Utility Coordination x Design JULIE x Plan Submission and Coordinate with Private Utilities 2.5 Final Plans, Specifications and Estimates x Preparation of 60%, 90%, and 100% Engineering Plans x Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. 2.6 Permits x Prepare IEPA Documentation for CCDD Management of Soils x Prepare IEPA Construction Permit Application and Acquire Permit 2.7 Bidding and Contracting x Prepare Bidders List and Ad for Bid x Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN x Address Bid Questions and Prepare Addenda x Attend Bid Opening x Prepare Bid Tab, Bid Summary, and Recommendation of Award x Execute Contract Documents ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BY2024 Water Main Improvements - Contract BROLE PIC PM SPE 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $192 $162 $227 $167 $135 $167 $156 $70PROJECT ADMINISTRATION2.1 Project Management and Administration 4 28 15 - - - - - - - 47 9,548$ 2.2 Project Meetings 6 6 11 - - - - - - - 23 4,770$ 2.3 Topographic Survey - - - - 48 68 36 - - - 152 27,112$ 2.4 Utility Coordination - 2 20 - - - - - - - 22 4,248$ 2.5 Final Plans, Specifications, and Estimates 16 32 180 140 - - - 50 170 - 588 102,462$ 2.6 Permits - 4 20 - - - - - - - 24 4,656$ 2.7 Bidding and Contracting 1 6 10 9 - - - - - 7 33 5,331$ Insert Task Subtotal: 27 78 256 149 48 68 36 50 170 7 - 889 158,127$ 27 78 256 149 48 68 36 50 170 7 - 889 158,127 DIRECT EXPENSESMileage = 320$ Printing = 260$ Material Testing = -$ Environmental Assessment = 9,730$ DIRECT EXPENSES = 10,310$ LABOR SUMMARYEEI Labor Expenses = 158,127$ TOTAL LABOR EXPENSES158,127$ TOTAL COSTS 168,437$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2315-PPROJECT TITLEDATE PREPARED BY2024 Water Main Replacement - Contract BKDWJUNE JULYAUG SEPT OCT NOV DEC JAN FEB MARAPR MAYPROJECT ADMINISTRATION2.1 Project Management and Administration2.2 Project Meetings2.3 Topographic Survey2.4 Utility Coordination2.5 Final Plans, Specifications, and Estimates2.6 Permits2.7 Bidding and Contracting 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION5/4/232023 2024 GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!( !(!( !( !( !(!(!(!(!( !( !(!(!( !(!( !( !( !( !(!( !( !( !(!( !( !(!( !( !( !( !( !(!(!( !( !( !( !(!(!(!(!(!( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !(!( !(!( !(!(BridgeMillOrange DeerMainSc h o o l h o u s e BeaverStateColonialAdrian WolfBadgerGarden Dolph Green Briar Elizabeth Illini Olsen Wooden BridgeWalterBlaine Be n j a m i n Wood SageBeecher HeustisTomasikTrilliumEngineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Legend 2024 Water Main Replacement !(VALVE GF HYDRANT Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN 2024 WATER MAIN REPLACEMENT - CONTRACT B www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: MAY 2023 YO2315 YO2315_2024 Water Main Replacement Contract B. MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT ³ 1,000 0500 Feet EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #4 Tracking Number PW 2023-49 Supplemental MFT Resolution for Bulk Rock Salt Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to City Council agenda. PW 2023-49 Majority Vote Annual resolution appropriating MFT funds for the purchase of bulk rock salt Eric Dhuse Public Works Name Department Summary Staff is seeking approval of a supplemental resolution for the purchase of bulk rock salt using MFT money. Background Each year we must submit to IDOT our intent (or not) to purchase salt through them. This year staff is requesting a purchase of 2160 tons of salt at $95.00 per ton for a total of $205,200. The way the contract is structured, we can purchase a minimum of 80% (1728 tons) and maximum of 120% (2592 tons) of the requested tonnage. I factored a large increase of 20% from last year’s price per ton of $79.10. With all the unknowns and past volatility of salt prices, I would rather be safe than sorry. We will know the bid price sometime between August – October and will be able to adjust our budget accordingly. If the price is lower, we can use the remainder of the funds on other MFT projects since MFT money has to stay within the fund and any surplus rolls over from year to year. This is also a slight increase in tonnage over last year as well, from 1600 tons to 2160. We currently have approximately 300 tons of salt in our bins and 900 tons in storage at Kendall County Highway Dept. The combination of our order and what we have in storage will get us through the worst of winters. Hopefully, we will not need to tap our reserves and will be able to get through the winter on what we have ordered. Recommendation Staff recommends approval of this resolution. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: May 2, 2023 Subject: MFT resolution for bulk rock salt purchase Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #5 Tracking Number PW 2023-50 PW Vehicle Purchases and Disposal of Property Special City Council – May 30, 2023 PW – 05/16/23 Moved forward to City Council agenda. PW 2023-50 Supermajority (6 out of 9) Approval Proposed purchase of Ford F150 and F550, with corresponding budget amendment and disposal of 2007 pickup Eric Dhuse Public Works Name Department Summary Staff is proposing the purchase of a Ford F150 from Haggarty Ford in the amount of $44,985 and to order a Ford F550 dump truck for the street department from Lindco Equipment through a Sourcewell contract in the amount of $121,114. Background Water Department truck purchase background – this truck was scheduled to be one of two transit vans purchased from the FY 23 budget. We were looking to purchase transit vans because they were less expensive, and the transit connect got better gas mileage than a pickup. After looking for vans for the better part of the year, we found some. As with everything else, the prices had risen dramatically over the previous 18 months to a point that an F150 is virtually the same price as an F150 and is available. We did purchase one van at the end of March for a price of $45,730 and the proposed F150 is $44,985. We went through with this purchase because we were able to also shift trucks around and remove a $54,000 truck purchase for the Director. The van is used for water meter installations and appointments, it will get much better gas mileage than the previous truck we were using as well. For the current purchase request, we would prefer the pickup for its space and 4-wheel drive over the van. This truck will be used by our utility locator; the pickup will allow him to carry more supplies and give him the ability to go into construction sites that the van wouldn’t be able to go into. We knew this was a downfall of the van, but we were willing to sacrifice to save money. Now that the vehicles are within $1000 of each other, we feel the pickup will be a better long-term fit. We will have to purchase a cap for the pickup to weatherproof the bed at a cost of ~$2000. As previously shown in the Adopted FY 24 budget document, total vehicle (51-510-60- 00-6070) purchases projected in the Water Fund for FY 23 was $185,953: comprised of $87,620 for 2 new F-350’s (carried over from FY 22); $18,333 for a new Directors truck ($55,000 split equally between Streets, Water and Sewer); and $80,000 for 2 new transit vans. Actual vehicle purchases for FY 23 included the two F-350’s ($87,934) and a new transit van for $45,730, for a total of $133,664. Since the Director’s truck will not be purchased, staff is requesting that $48,000 be moved into FY 24 in order to fund the new F-150 and the weatherproofing of the pick-up bed. As presented in the attached budgeted amendment, this adjustment will increase the budgeted FY 24 Fund Balance Equivalency of the Water Fund by $4,289 ($4,090,079 amended v. $4,085,790 as originally proposed). This will be a single source purchase and will need a super majority vote for approval. Street Department truck purchase background – in the freshly approved FY 24 budget there is $140,000 for the purchase of two (2) 1-Ton dump trucks. Unfortunately, since staff investigated pricing for the budget last winter, prices have jumped tremendously because availability is almost zero for what we are looking for. In fact, there are no Ford F350 orders Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: May 9, 2023 Subject: Truck Purchases and Disposal of Trucks being taken at this time. I have attached a few samples of what we can find on the ground, but they are not really what we need, or they are extremely expensive. Example 1 is a 1-ton dump with 4-wheel drive for $72,510. This does not include the plow, slide in spreader, snowplow prep package, light package, and the dump body is a mild steel body instead of stainless steel. The cost to retro fit these items would be ~$22,000-$25,000. Through the years, we have found that the mild steel bodies cannot handle the salt and the constant loading and unloading, they end up rusting holes through the bed and sides. This would affect the reliability of the truck and increase maintenance costs. Example 2 is a F350 cab/chassis with a diesel motor and 4-wheel drive for $63,620. If we use the upfitter price from example 1of $19,885 for the box (which we would not do) the price is already at $83,505 without the plow, spreader, light package, upfit switches, and plow prep package which would add another $22,000-$25,000. Instead of trying to find something that “works” instead of getting what we need at a price tag of ~$100,000 depending on what is available, staff proposed the following: We currently have two (2) 2016 Ford F350 1-ton dump trucks that were scheduled to be traded in on the new vehicles. These vehicles are in good shape and staff believes we could get another 3 years out of these vehicles without major repairs. Instead of trading them in, staff recommends that we keep the above-mentioned vehicles for an additional 3 years and ordering one new Ford F550 with a stainless steel body, plow and under tailgate spreader. This proposed purchase is a slightly more heavy-duty truck, somewhere between a 1-ton and a single axle large dump truck. The F550 has a larger payload, more towing capacity, and a hydraulic system to control the box and spreader instead of electric only. By specifying the hydraulic system, we eliminate the need for a slide in spreader which are about $13,000. I agree that a price tag of $121,000 is high, but nobody knows when the other trucks will become available, or if the prices are ever coming back down to a reasonable level. Currently, we look to trade in small vehicles and equipment in 7 years and large vehicles and equipment in 10 years. I believe this truck purchase could be a 10-year purchase instead of 7. It is built more like a large dump truck rather than a pickup and is made to take more punishment than a pickup. The budgeted amount for the two (2) 1-Ton dumps was $140,000. The cost of the proposed F550 is $121,114, which gives us a savings of $18,886. By keeping both of our 2016 1-ton dumps along with the purchase of the van in the water department, we were able to eliminate the need to purchase a truck for the building maintenance department and for the Director. This is a savings of over $100,000. Even if we have to perform a major repair to each of the trucks in the next 3 years, the savings will still far outweigh the expense of the repair. Hopefully, truck inventory and prices will stabilize in the next 3 years so we can get back on track. Keeping these 2 trucks has also allowed us to be able to dispose of another old truck that has been retired from the fleet. It is a 2007 Ford F250 with 58,837 hard miles on it. This truck was always tasked to do more than it was made for. We originally bought a pair of these trucks for the water and street foreman to use for daily drivers. We knew they would also help plow, if necessary, but wouldn’t be used unless needed. Then the big recession hit, and we were not buying vehicles like we were previously, so these trucks got put into heavy snow plow use along with being daily drivers. Unfortunately, that was their downfall, and the mechanical breakdowns were constant. The body is also in bad shape from rust. The bed is almost rusted through and there are many rust areas on the body. Recommendation Staff recommends the purchase of a Ford F150 from Haggarty Ford in an amount not to exceed $44,985. This would be a supermajority vote. Staff recommends the purchase of a 2024 Ford F550 as specified through a Sourcewell contract from Lindco Equipment Sales of Merrillville, IN in the amount of $121,114. Staff Recommends disposing of a 2007 Ford F250 Vin # 1FTNF21587EA47543 through consignment at AutoSmart in Oswego, IL. Ordinance No. 2023-____ Page 1 Ordinance No. 2023-_____ AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO THE ANNUAL BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR COMMENCING ON MAY 1, 2023 AND ENDING ON APRIL 30, 2024 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2023-14 on April 25, 2023 adopting an annual budget for the fiscal year commencing on May 1, 2023 and ending on April 30, 2024; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the Water fund with respect to the United City of Yorkville’s 2023-2024 Budget are hereby approved. Section 2. This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No. 2023-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of ___________________, 2023. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2023. ______________________________ MAYOR Revised FY 2024 FY 2024 FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended Actual Actual Projected Projected Budget Budget Revenue Licenses & Permits -$ -$ 100,000$ 100,000$ 350,000$ 350,000$ Charges for Service 5,062,645 4,944,694 5,587,000 5,587,000 5,459,210 5,459,210 Investment Earnings 1,302 (27,633) 30,000 30,000 35,000 35,000 Reimbursements 2,524 2,920 2,021 2,021 48,500 48,500 Miscellaneous 100,469 105,950 107,351 107,351 109,134 109,134 Other Financing Sources 179,020 180,233 177,859 177,859 10,262,457 10,262,457 Total Revenue 5,345,960$ 5,206,164$ 6,004,231$ 6,004,231$ 16,264,301$ 16,264,301$ Expenditures Salaries 453,904$ 488,536$ 521,785$ 521,785$ 613,000$ 613,000$ Benefits 235,333 234,464 282,245 282,245 315,829 315,829 Contractual Services 896,256 1,160,985 1,060,774 1,060,774 2,732,234 2,732,234 Supplies 414,134 480,005 462,000 462,000 469,600 469,600 Capital Outlay 407,285 1,136,503 2,619,031 2,566,742 10,170,820 10,218,820 Debt Service 2,305,935 1,815,830 1,654,108 1,654,108 975,291 975,291 Other Financing Uses - - - - 97,224 97,224 Total Expenses 4,712,847$ 5,316,323$ 6,599,943$ 6,547,654$ 15,373,998$ 15,421,998$ Surplus (Deficit)633,113$ (110,159)$ (595,712)$ (543,423)$ 890,303$ 842,303$ Ending Fund Balance Equivalent 3,901,358$ 3,791,199$ 3,195,487$ 3,247,776$ 4,085,790$ 4,090,079$ 82.8% 71.3% 48.4% 49.6% 26.6% 26.5% WATER FUND (51) The Water Fund is an enterprise fund which is comprised of both a capital and operational budget. The capital portion is used for the improvement and expansion of water infrastructure, while the operational side is used to service and maintain City water systems. $0 $1,000 $2,000 $3,000 $4,000 $5,000 Thousands1 Schedule A 51 Revised FY 2024 FY 2024 FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended Account Actual Actual Projected Projected Budget Budget 51-000-40-00-40XX WATER POLICY DECISION -$ -$ -$ -$ 350,000$ 350,000$ 51-000-41-00-4166 DCEO-GENERAL INFRA GRANT - - 100,000 100,000 - - 51-000-44-00-4424 WATER SALES 3,300,613$ 3,447,225$ 3,850,000$ 3,850,000$ 3,965,500$ 3,965,500$ 51-000-44-00-4425 BULK WATER SALES 7,900 6,050 - - 5,000 5,000 51-000-44-00-4426 LATE PENALTIES - WATER 755 140,331 164,000 164,000 168,920 168,920 51-000-44-00-4430 WATER METER SALES 241,930 209,245 180,000 180,000 100,000 100,000 51-000-44-00-4440 WATER INFRASTRUCTURE FEE 822,094 858,759 893,000 893,000 919,790 919,790 51-000-44-00-4450 WATER CONNECTION FEES 689,353 283,084 500,000 500,000 300,000 300,000 51-000-45-00-4500 1,302$ 2,030$ 30,000$ 30,000$ 35,000$ 35,000$ 51-000-45-4550 GAINS ON INVESTMENT - (29,663) - - - - 51-000-46-00-4690 REIMB - MISCELLANEOUS 2,524$ 2,920$ 2,021$ 2,021$ 48,500$ 48,500$ 51-000-48-00-4820 RENTAL INCOME 100,010$ 102,305$ 105,351$ 105,351$ 108,134$ 108,134$ 51-000-48-00-4850 MISCELLANEOUS INCOME 459 3,645 2,000 2,000 1,000 1,000 51-000-49-00-4900 BOND PROCEEDS -$ -$ -$ -$ 9,265,000$ 9,265,000$ 51-000-49-00-4903 PREMIUM ON BOND INSURANCE - - - - 818,705 818,705 51-000-49-00-4923 TRANSFER FROM CITY-WIDE CAPITAL 103,895 104,558 104,209 104,209 104,627 104,627 51-000-49-00-4952 TRANSFER FROM SEWER 75,125 75,675 73,650 73,650 74,125 74,125 10,262,457$ 16,264,301$ United City of Yorkville Water Fund 100,000$ 5,587,000$ 30,000$ 2,021$ 107,351$ 177,859$ 6,004,231$ 350,000$ 5,459,210$ 35,000$ 48,500$ 109,134$ WATER FUND REVENUE Description 5,206,164$ 105,950$ 180,233$ (27,633)$ 2,920$ Licenses & Permits Total:Licenses & Permits -$ 100,000$ 350,000$ 107,351$ 5,587,000$ 30,000$ 5,459,210$ 35,000$ 109,134$ 16,264,301$ 10,262,457$ 48,500$ 2,021$ 6,004,231$ 177,859$ -$ Total:Charges for Services 5,062,645$ Investment Earnings Charges for Services 100,469$ 4,944,694$ Reimbursements Miscellaneous Total:Miscellaneous Total:Reimbursements 2,524$ INVESTMENT EARNINGS Total:Investment Earnings 1,302$ Total: WATER FUND REVENUE Other Financing Sources Total:Other Financing Sources 179,020$ 5,345,960$ 2 510 Revised FY 2024 FY 2024 FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended Account Actual Actual Projected Projected Budget Budget 51-510-50-00-5010 SALARIES & WAGES 442,918$ 475,333$ 510,785$ 510,785$ 576,000$ 576,000$ 51-510-50-00-5015 PART-TIME SALARIES - 3,488 - - 15,000 15,000 51-510-50-00-5020 OVERTIME 10,986 9,715 11,000 11,000 22,000 22,000 51-510-52-00-5212 RETIREMENT PLAN CONTRIBUTION 50,683$ 49,803$ 43,500$ 43,500$ 40,209$ 40,209$ 51-510-52-00-5214 FICA CONTRIBUTION 33,514 35,808 39,500 39,500 45,058 45,058 51-510-52-00-5216 GROUP HEALTH INSURANCE 111,960 107,445 148,855 148,855 174,548 174,548 51-510-52-00-5222 GROUP LIFE INSURANCE 540 781 722 722 909 909 51-510-52-00-5223 DENTAL INSURANCE 7,127 8,579 11,677 11,677 12,759 12,759 51-510-52-00-5224 VISION INSURANCE 1,188 1,275 1,410 1,410 1,705 1,705 51-510-52-00-5230 UNEMPLOYMENT INSURANCE 1,054 1,479 1,453 1,453 2,000 2,000 51-510-52-00-5231 LIABILITY INSURANCE 29,267 29,294 35,128 35,128 38,641 38,641 Contractual Services 51-510-54-00-5401 ADMINISTRATIVE CHARGEBACK 124,225$ 126,596$ 133,075$ 133,075$ 138,174$ 138,174$ 51-510-54-00-5402 BOND ISSUANCE COSTS - - - - 528,705 528,705 51-510-54-00-5404 WATER METER REPLACEMENT PROGRAM - - - - 900,000 900,000 51-510-54-00-5412 TRAINING & CONFERENCES 713 2,079 3,000 3,000 9,200 9,200 51-510-54-00-5415 TRAVEL & LODGING 158 34 1,250 1,250 4,000 4,000 51-510-54-00-5415 - 453 8,147 8,147 1,112 1,112 51-510-54-00-5426 PUBLISHING & ADVERTISING 304 - 500 500 500 500 51-510-54-00-5429 WATER SAMPLES 7,888 8,167 8,500 8,500 8,500 8,500 51-510-54-00-5430 PRINTING & DUPLICATING 2,595 3,690 3,250 3,250 3,250 3,250 51-510-54-00-5440 TELECOMMUNICATIONS 40,601 47,954 50,000 50,000 50,000 50,000 51-510-54-00-5445 TREATMENT FACILITY SERVICES 228,211 305,648 325,000 325,000 360,000 360,000 51-510-54-00-5448 FILING FEES 1,129 1,541 2,000 2,000 2,500 2,500 51-510-54-00-5452 POSTAGE & SHIPPING 19,944 18,075 25,000 25,000 25,000 25,000 51-510-54-00-5453 BUILDING & GROUNDS CHARGEBACK - 10,843 20,768 20,768 27,290 27,290 51-510-54-00-5460 DUES & SUBSCRIPTIONS 1,336 3,821 2,500 2,500 2,500 2,500 51-510-54-00-5462 PROFESSIONAL SERVICES 92,584 134,702 116,000 116,000 160,000 160,000 51-510-54-00-5465 ENGINEERING SERVICES 66,487 131,407 7,420 7,420 137,500 137,500 51-510-54-00-5480 UTILITIES 290,225 329,524 318,526 318,526 337,638 337,638 51-510-54-00-5483 JULIE SERVICES 1,097 4,002 4,500 4,500 4,500 4,500 51-510-54-00-5485 RENTAL & LEASE PURCHASE 2,125 3,459 2,000 2,000 2,500 2,500 51-510-54-00-5488 OFFICE CLEANING 1,290 1,270 1,395 1,395 1,465 1,465 51-510-54-00-5490 VEHICLE MAINTENANCE SERVICES 5,092 12,141 12,000 12,000 12,000 12,000 51-510-54-00-5495 OUTSIDE REPAIR & MAINTENANCE 6,559 12,709 10,000 10,000 10,000 10,000 51-510-54-00-5498 PAYING AGENT FEES 1,299 1,299 943 943 900 900 United City of Yorkville Water Fund 521,785$ 282,245$ 613,000$ 315,829$ WATER OPERATIONS Description Benefits 453,904$ 235,333$ 488,536$ 521,785$ 282,245$ 315,829$ 613,000$ Salaries Total:Salaries Benefits Total:234,464$ COMPUTER REPLACEMENT CHARGEBACK 3 510 Revised FY 2024 FY 2024 FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended Account Actual Actual Projected Projected Budget Budget United City of Yorkville Water Fund WATER OPERATIONS Description 51-510-54-00-5499 BAD DEBT 2,394 1,571 5,000 5,000 5,000 5,000 51-510-56-00-5600 WEARING APPAREL 4,743$ 4,484$ 9,000$ 9,000$ 9,000$ 9,000$ 51-510-56-00-5620 OPERATING SUPPLIES 9,230 9,651 11,000 11,000 17,000 17,000 51-510-56-00-5628 VEHICLE MAINTENANCE SUPPLIES 1,306 3,287 2,500 2,500 2,500 2,500 51-510-56-00-5630 SMALL TOOLS & EQUIPMENT 4,255 4,326 4,000 4,000 4,000 4,000 51-510-56-00-5638 TREATMENT FACILITY SUPPLIES 176,801 167,223 190,000 190,000 199,500 199,500 51-510-56-00-5640 REPAIR & MAINTENANCE 16,099 28,090 27,500 27,500 27,500 27,500 51-510-56-00-5664 METERS & PARTS 185,090 235,749 185,000 185,000 175,000 175,000 51-510-56-00-5665 JULIE SUPPLIES 1,668 1,196 3,000 3,000 3,000 3,000 51-510-56-00-5695 GASOLINE 14,942 25,999 30,000 30,000 32,100 32,100 51-510-60-00-6011 WATER SOURCING-DWC -$ -$ 181,290$ 181,290$ 1,870,000$ 1,870,000$ 51-510-60-00-6015 WATER TOWER REHABILITATION - 21,619 212,708 212,708 550,000 550,000 51-510-60-00-6022 WELL REHABILITATIONS - 68,498 538,734 538,734 53,500 53,500 51-510-60-00-6025 WATERMAIN REPLACEMENT PROGRAM 26,273 807,678 1,334,294 1,334,294 3,874,500 3,874,500 51-510-60-00-6029 WELL#10/MAIN & TREATMENT PLANT - - 25,000 25,000 3,529,000 3,529,000 51-510-60-00-6059 US34 (IL RT47/ORCHARD RD) PROJECT - - - - 23,000 23,000 51-510-60-00-6060 EQUIPMENT 7,696 - 10,940 10,940 87,000 87,000 51-510-60-00-6065 BEAVER STREET BOOSTER STATION 32,046 190,424 109,099 109,099 - - 51-510-60-00-6066 RTE 71 WATERMAIN RELOCATION 49,546 - - - 12,025 12,025 51-510-60-00-6068 WELL 7 STANDBY GENERATOR - - - - 35,000 35,000 51-510-60-00-6070 VEHICLES 89,984 - 185,953 133,664 - 48,000 51-510-60-00-6079 ROUTE 47 EXPANSION 45,372 45,372 18,905 18,905 - - 51-510-60-00-6081 CATION EXCHANGE MEDIA REPLACEMENT 156,368 2,912 2,108 2,108 - - 51-510-75-00-7505 DEVELOPER COMMITMENT - - - - 136,795 136,795 51-510-77-00-8000 PRINCIPAL PAYMENT 297,837$ 312,545$ 323,576$ 323,576$ 338,284$ 338,284$ 51-510-77-00-8050 INTEREST PAYMENT 140,167 128,254 115,752 115,752 102,809 102,809 51-510-85-00-8000 PRINCIPAL PAYMENT 1,475,000$ 1,040,000$ 915,000$ 915,000$ -$ -$ 51-510-85-00-8050 INTEREST PAYMENT 117,650 58,650 27,450 27,450 - - 10,218,820$ Capital Outlay 1,060,774$ 462,000$ 2,566,742$ 439,328$ 942,450$ 441,093$ -$ 2,732,234$ 469,600$ 407,285$ 1,098,650$ 942,450$ 10,170,820$ 2,619,031$ 896,256$ Debt Service - 2016 Refunding Bond Total:Debt Service - 2016 Refunding Bond 1,592,650$ Total: 439,328$ 441,093$ Debt Service - 2015A Bond Total:Debt Service - 2015A Bond 438,004$ 440,799$ 1,060,774$ 2,732,234$ 469,600$ 462,000$ Capital Outlay -$ Supplies Total:Contractual Services 480,005$ Total:Supplies 414,134$ 1,160,985$ 1,136,503$ 4 510 Revised FY 2024 FY 2024 FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended Account Actual Actual Projected Projected Budget Budget United City of Yorkville Water Fund WATER OPERATIONS Description 51-510-86-00-8000 PRINCIPAL PAYMENT -$ -$ -$ -$ -$ -$ 51-510-86-00-8050 INTEREST PAYMENT - - - - 260,918 260,918 51-510-89-00-8000 PRINCIPAL PAYMENT 107,050$ 109,743$ 112,503$ 112,503$ 115,333$ 115,333$ 51-510-89-00-8050 INTEREST PAYMENT 17,981 15,288 12,527 12,527 9,697 9,697 51-510-94-00-8000 PRINCIPAL PAYMENT 130,000$ 135,000$ 135,000$ 135,000$ 140,000$ 140,000$ 51-510-94-00-8050 INTEREST PAYMENT 20,250 16,350 12,300 12,300 8,250 8,250 51-510-99-00-9924 TRANSFER TO BUILDINGS & GROUNDS -$ -$ -$ -$ 97,224$ 97,224$ 15,421,998$ -$ 125,030$ 147,300$ 6,547,654$ 260,918$ 125,030$ 148,250$ -$ Debt Service - 2023 Bond Total:Debt Service - 2023 Bond -$ Debt Service - IEPA Loan L17-156300 Total: WATER OPERATIONS 4,712,847$ 6,599,943$ 15,373,998$ 125,030$ -$ 148,250$ 125,030$ 147,300$ 5,316,323$ 125,031$ Debt Service - 2014C Refunding Bond Total:Debt Service - 2014C Ref Bond 150,250$ 151,350$ Total:Debt Service - IL EPA Loan 156300 125,031$ 260,918$ 5 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #10 Tracking Number CC 2021-04 City Buildings Updates Special City Council – May 30, 2023 None Informational Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #11 Tracking Number CC 2021-38 Water Study Update Special City Council – May 30, 2023 None Informational Bart Olson Administration Name Department