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City Council Packet 2024 07-09-24 AGENDA CITY COUNCIL MEETING Tuesday, July 9, 2024 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: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – June 11, 2024 2. Minutes of the Regular City Council – June 25, 2024 3. Bill Payments for Approval $ 974,009.77 (vendors – FY 24) $ 1,175,795.37 (vendors – FY25) $ 497,258.24 (wire payments) $ 471,886.68 (payroll period ending 06/21/24) $ 3,118,950.06 (total) Mayor’s Report: 1. CC 2024-47 Downtown Grant Plans (FS Property) 2. CC 2024-54 TRG Venture Two, LLC – Whispering Meadows Bond Call Release and Settlement Agreement 3. CC 2024-55 Ordinance Approving Certain Agreements with C1 Yorkville, LLC (Cyrus One) Public Works Committee Report: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda July 9, 2024 Page 2 Economic Development Committee Report: 1. EDC 2024-48 Ordinance Approving an Intergovernmental Cooperative Agreement Between the United City of Yorkville and Kendall County, Illinois for Geographic Information System Services Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: 1. PZC 2024-15 & EDC 2024-41 Ordinance Approving a Planned Unit Development Agreement with C1 Yorkville, LLC (Cyrus One) City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 4. CC 2021-04 City Buildings Updates 5. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: July 17, 2024 – 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 July 9, 2024 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES cont’d: ECONOMIC DEVELOPMENT: August 6, 2024 – 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 11, 2024 – 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: July 16, 2024 – 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 CITY COUNCIL Tuesday, July 9, 2024 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – June 11, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Minutes of the Regular City Council – June 25, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-47 Downtown Grant Plans (FS Property) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-54 TRG Venture Two, LLC - Whispering Meadows Bond Call Release and Settlement Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2024-55 Ordinance Approving Certain Agreements with C1 Yorkville, LLC □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2024-48 Ordinance Approving an Intergovernmental Cooperative Agreement Between the United City of Yorkville and Kendall County, Illinois for Geographic Information System Services □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2024-15 & EDC 2024-41 Ordinance Approving a Planned Unit Development Agreement with C1 Yorkville, LLC □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2021-04 City Building Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. 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 Consent Agenda #1 Tracking Number Minutes of the Regular City Council – June 11, 2024 City Council – July 9, 2024 Majority Approval Approval of Minutes Jori Behland Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, JUNE 11, 2024 Mayor Purcell called the meeting to order at 7:01 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Present Ward III Funkhouser Present Marek Present Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief of Police Jensen, Attorney Orr, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/86071844881?pwd=fJhtAB3VVs0MucmXL8ykNfOys3vuyL.1. The Zoom meeting ID was 860 7184 4881. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Yorkville Youth Baseball Softball Association Recognition Parks and Recreation Director Evans recognized the Yorkville Youth Baseball Softball Association (YYBSA) for donating $10,000 for outfield fencing for two ball fields. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS Boyd Ingemunson, a downtown Yorkville business owner, shared with the Council that purchasing the FS Property is vital to the community and the downtown area. He said the City could control that area and always sell it if needed, and this property would spearhead all events. He said he can’t express enough the importance of this development. Mr. Ingemunson noted that the City's collaborations with businesses are why he loves Yorkville. He asks for the Council to support the purchase. Yonas Hagos, a downtown Yorkville business owner, shared that the downtown area has so much potential. This would attract many people to the area and bring more opportunities. He hopes the Council will vote yes on the purchase. Molly Krempski, a Yorkville resident, shared with the Council that she doesn’t believe it is good governance for the City to eliminate or ignore ordinances already in place when they have become inconvenient. Ms. Krempski said this ordinance ignores the secondary effects on the community. She brought up that there were no discussions on revising the tattoo parlor ordinance during the UDO meetings. The Minutes of the Regular Meeting of the City Council – June 11, 2024 – Page 2 of 5 She stated people do not want their yards to be next to tattoo parlors. She specified other businesses want to focus on meeting the local community's basic needs without dealing with crime and unruly customers drawn into adult entertainment. She shared that she favors discussions about leaving some of the restrictions in place. CONSENT AGENDA 1. Minutes of the Regular City Council – May 14, 2024 2. Minutes of the Regular City Council – May 28, 2024 3. Bill Payments for Approval $ 222,256.08 (vendors – FY 24) $ 233,606.34 (vendors – FY 25) 294,119.42 (wire payments) $ 397,074.96 (payroll period ending 05/24/24) $ 1,147,056.80 (total) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Marek; seconded by Alderman Seaver. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye REPORTS MAYOR’S REPORT 121 East Van Emmon Street (FS Property) (CC 2024-47) Ordinance 2024-27 a. Authorizing the Acquisition of Real Estate and Approval of a of a Real Estate Purchase Agreement with Grundy Bank as Trustee Under Trust Agreement Dated December 31, 2009 and Known as Trust Number 1505 Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Acquisition of Real Estate and Approval of a Real Estate Purchase Agreement with Grundy Bank as Trustee Under Trust Agreement Dated December 31, 2009 and Known as Trust Number 1505 and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Soling. Alderman Funkhouser shared that he wants to see the downtown area grow, see improvements, and be successful, but this project is challenging for him due to the brownfield. He said that there are still unknowns. He believes the plan does not have enough details to understand the cost and has not seen an appraisal. He feels this is being rushed but hopes it works out. Alderman Soling stated that he’s had extensive conversations with City Administrator Olson on the remediation. He said that he is not super concerned, and if we cap it now and it remains capped, it will not get worse; it will only get better. He shared that he is comfortable taking the risk. Alderman Koch said he remembers when this was discussed years ago that if you capped and not dig, it would satisfy the IEPA. Motion approved by a roll call vote. Ayes-7 Nays-1 Plocher-aye, Funkhouser-nay, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye Ordinance 2024-28 b. Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 Mayor Purcell entertained a motion to approve an Ordinance Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-1 Funkhouser-nay, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye The Minutes of the Regular Meeting of the City Council – June 11, 2024 – Page 3 of 5 Bond Counsel Reauthorization (CC 2024-48) Mayor Purcell entertained a motion to authorize staff to notify Saul Ewing LLP that the United City of Yorkville is requesting the City’s bond file matters be released and transferred to James Durkin and Randal Kulat, now of Croke Fairchild Duarte & Beres, LLP, and appoint Croke Fairchild Duarte & Beres, LLP as the City’s new bond counsel. So moved by Alderman Koch; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Resolution 2024-28 Authorizing the Purchase of a Ford F-250 Truck from Gjovik, in an Amount Not to Exceed $52,159.11 (CC 2024-49) Mayor Purcell entertained a motion to approve the Resolution Authorizing the Purchase of a Ford F-250 Truck from Gjovik Ford, in an Amount Not to Exceed $52,159.11 and authorize the Mayor to execute. So moved by Alderman Funkhouser; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye Ordinance 2024-29 Authorizing the Acquisition of Certain Easements for the Construction of Water Mains (Meyer Trust) (CC 2024-50) Mayor Purcell entertained a motion to approve the Ordinance Authorizing the Acquisition of Certain Easements for the Construction of Water Mains (Meyer Trust) and authorize the Mayor to execute. So moved by Alderman Tarulis; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Appointments to Boards and Commissions (CC 2024-51) Mayor Purcell entertained a motion to approve the Mayor’s appointment of Dan Lane to the Park Board for a term ending May 2027, the appointment of Jorge Ayala to the Park Board for a term ending May 2028, and the appointment of Wendy Gatz to the Library Board for a term ending May 2027. So moved by Alderman Soling; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-8 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2024-30 Repealing and Replacing Title 3, Chapter 10 of the Yorkville City Code (Tattoo and Body Piercing Establishments) (EDC 2024-42) Alderman Plocher made a motion to approve an Ordinance Repealing and Replacing Title 3, Chapter 10 of the Yorkville City Code (Tattoo and Body Piercing Establishments); seconded by Alderman Marek. Mayor Purcell shared that he understands people have concerns, but this new ordinance will limit the license to one, and their hours of operation are 10 a.m. to 6 p.m. and closed on Sundays. Alderman Funkhouser said he did want to look at the setbacks but appreciated the quantity restriction at the council’s discretion. He then asked if the Council eliminated this ordinance and if any licenses in place would be grandfathered, to which Attorney Orr said yes. Alderman Transier asked if the license could be transferred to new owners, to which Attorney Orr said no. He shared that he has no objections to tattoo parlors, and regarding the location, he said he hears more of the bands at Roadhouse than what he will most likely hear from a tattoo parlor. Alderman Koch asked if there are any guidelines on façade to which City Administrator Olson said it would be only what has been previously granted for that location. Motion approved by a roll call vote. Ayes-8 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye The Minutes of the Regular Meeting of the City Council – June 11, 2024 – Page 4 of 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD FORE! Yorkville Golf Outing Parks and Recreation Director Evans reminded the Council that the Yorkville Educational Foundation school and city golf outing will occur on Thursday, June 13, 2024, from 7:00 a.m. to 2:00 p.m. at Blackberry Oaks Golf Course. Summer Solstice Parks and Recreation Director Evans reported that the Summer Solstice event will take place on Friday, June 21st and Saturday, June 22, 2024 at Riverfront Park in downtown Yorkville. Additional information can be found on the Summer Solstice website at https://solsticemusicfest.com/. Independence Day Celebration Parks and Recreation Director Evans shared that the Independence Day Celebrations will take place on Thursday, July 4th, starting with the parade at 9:00 a.m. at the Yorkville High School and ending at Town Square Park. Activities will take place in Town Square. The fireworks show will begin at dusk at the corner of Route 47 and Countryside Parkway. PLANNING AND ZONING COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT Alderman Soling reported that the Library Board is pleased to report the passing of Senate Bill 3563, which lowers the threshold for its treasury bond. It has been lowered to 10 percent, saving the library a significant amount of money. Alderman Soling also reported the Library’s numbers are up 19 percent this year versus last year. STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Buildings Updates (CC 2021-04) No report. Water Study Update (CC 2021-38) No report. ADDITIONAL BUSINESS None. CITIZEN COMMENTS Molly Krempski, a Yorkville resident, recured founding principles in the context of pride month. She shared that she was grateful that the City did not celebrate and shared reasons why we can never do so in good consciousness. Ms. Krempski then read quotes from the Articles of Confederation of the United Colonies of New England. EXECUTIVE SESSION Mayor Purcell entertained a motion to go into executive session for litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Marek; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-1 Present-1 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-nay, Soling-aye, Marek-aye, Corneils-present The Minutes of the Regular Meeting of the City Council – June 11, 2024 – Page 5 of 5 The City Council entered executive session at 7:50 p.m. The City Council returned to regular session at 8:32 p.m. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Transier; seconded by Alderman Soling. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:33 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois 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 Minutes of the Regular City Council – June 25, 2024 City Council – July 9, 2024 Majority Approval Approval of Minutes Monica Cisija Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, JUNE 25, 2024 Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Cisija called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Absent Ward III Funkhouser Present Marek Present (electronic attendance) Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Administrator Olson, Deputy Clerk Cisija, Deputy Chief of Police Mikolasek, Attorney Orr, Public Works Director Dhuse, Community Development Director Barksdale- Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Staff in attendance electronically: none Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/82610975411?pwd=i3AMdjorZnhtJRx4oy61LV6a0EbwWn.1. The Zoom meeting ID was 826 1097 5411. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Bill Payments for Approval $ 336,240.15 (vendors – FY 24) $ 915,932.61 (vendors – FY 25) $ 446,200.75 (payroll period ending 06/07/24) $ 1,698,373.51 (total) 2. 2023 Water Main Replacement Contract B – Balancing Change Order No. 2 – approve the 2023 Water Main Replacement Contract B – Balancing Change Order No. 2 and authorize the Mayor to execute (PW 2024-47) 3. Corneils Road Interceptor Sewer – Balancing Change Order No. 3 – authorize the Corneils Road Interceptor Sewer – Balancing Change Order No. 3 and authorize the Mayor to execute (PW 2024-48) The Minutes of the Regular Meeting of the City Council – June 25, 2024 – Page 2 of 5 Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Corneils; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye REPORTS MAYOR’S REPORT Appointments to Boards and Commissions (CC 2024-52) Mayor Purcell entertained a motion to approve the Mayor’s appointment of Kelly Diederich to the Park Board for a term ending May 2029, the appointment of Sash Dumanovic to the Park Board for a term ending May 2028, the appointment of Tara Schumacher to the Library Board for a term ending May 2027, and the appointment of Ruben Rodriguez to the Fire and Police Commission for a term ending May 2027. So moved by Alderman Transier; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye Downtown Grant – Planning Contract (CC 2024-53) Mayor Purcell entertained a motion to approve the downtown grant planning support contract with The Lakota Group for a fixed rate of $24,925 plus reimbursable expenses and authorize the Mayor to execute. So moved by Alderman Transier; seconded by Alderman Tarulis. City Administrator Olson stated the downtown planning grant is due on July 22nd. The Lakota Group was used for the 2016 Comprehensive Plan and has won statewide awards. He stated feedback is needed for the branding component, and “Hydraulic District” was unique to Yorkville; however, a name is possible. Scott Freres, The Lakota Group president, explained that this project is important in building communities and building community space. He stated they are only successful when everyone participates. The Lakota Group is currently working on four communities within the Chicagoland area, as well as a couple of out-of-state communities, some of which are being funded by the same grant. Mr. Freres stated this is an economic development tool to leverage businesses to reinvest in their properties and bring people to the downtown area. He stated that the idea of developing a community space is successful when it is programmed, and plans need to be tailored to what is realistically achievable by starting small and programming it to be used all year round. Mr. Freres stated Bourbonnais, Illinois, is at the three-fourths point of a major construction event. They are developing a town square, and they leveraged part of the grant against the Chicago Bears, who left its Bourbonnais training camp. The space they are developing will have bandshells, splash pads, bathrooms, a community park, and open space for gatherings. Mr. Freres stated this has sparked local businesses to expand themselves in order to take advantage of this. Mr. Freres also stated The Lakota Group broke ground two weeks ago in downtown Tinley Park at Harmony Square with the same program to energize a downtown that has drifted off over the years, and they are almost at the completion of Antioch, Illinois. Alderman Koch asked for ideas for reimbursable expenses. Mr. Freres stated there are prints and plots that go along with developing a booklet or packet that has to go to the State, and those are the costs. Alderman Koch stated those costs should be in the number Mr. Freres is showing. Mr. Freres responded that they always separate it because sometimes they never get to it and try to itemize it because some people want to see it. Alderman Funkhouser asked if it would go over $25,000. City Administrator Olson stated it might, and he asked Attorney Orr if we needed to amend the motion. Attorney Orr responded that we say plus reimbursable expenses and the importance is that it is understood that reimbursable expenses would be the costs of operation. Attorney Orr does not believe there is a need to amend the motion, mainly because there is a discussion tonight regarding Alderman Funkhouser’s question. Mr. Freres stated that professional fees are certain itemized numbers vs. reimbursable expenses, which fluctuate. Alderman Transier wanted to know The Lakota Group’s past success rate in helping communities obtain these grants. Mr. Freres stated 30% and 30% is successful in the real marketplace. He stated they are looking at the community, the economic conditions, and the leadership structure to move this forward for the intended purpose. Mr. Freres stated it is about bringing business to town, supporting the businesses, and developing a future business model to bring people to an active and vibrant The Minutes of the Regular Meeting of the City Council – June 25, 2024 – Page 3 of 5 downtown. Alderman Koch stated this has been stagnant for 20 years, and they showed at the last meeting that they were supporting the purchase of the property from the beginning, and who knows how long it would have sat that way. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Funkhouser-present, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye PUBLIC WORKS COMMITTEE REPORT Public Works Equipment and Trucks Purchase (PW 2024-49) Resolution 2024-29 a. Authorizing the Purchase of a Trackless Tractor from E.J. Equipment, Inc. in an Amount Not to Exceed $238,038 Alderman Koch made a motion to approve a Resolution Authorizing the Purchase of a Trackless Tractor from E.J. Equipment, Inc., in an Amount Not to Exceed $238,038; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Resolution 2024-30 b. Authorizing the Purchase of a Ford F-350 Truck from Haggarty Ford, in an Amount Not to Exceed $56,241 Alderman Koch made a motion to approve a Resolution Authorizing the Purchase of a Ford F-350 Truck from Haggarty Ford, in an Amount Not to Exceed $56,241; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye Resolution 2024-31 Approving an Intergovernmental Agreement Between the United City of Yorkville and Yorkville-Bristol Sanitary (PW 2024-50) Alderman Koch made a motion to approve a Resolution Approving an Intergovernmental Agreement Between the United City of Yorkville and Yorkville-Bristol Sanitary District; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-7 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Lake Michigan South Receiving Station – Design Engineering Agreement (PW 2024-51) Alderman Koch made a motion to approve the Lake Michigan South Receiving Station – Agreement for Professional Services – Design Engineering Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Tarulis. Motion approved by a roll call vote. Ayes-7 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye Lake Michigan North Receiving Station – Design Engineering Agreement (PW 2024-52) Alderman Koch made a motion to approve the Lake Michigan North Receiving Station – Agreement for Professional Services – Design Engineering Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Transier. Alderman Koch explained that this does not include the towers. EEI Engineer Sanderson explained these contracts are just for the receiving stations. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye The Minutes of the Regular Meeting of the City Council – June 25, 2024 – Page 4 of 5 ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD WGN Radio Hometown Takeover Parks and Recreation Director Evans shared that the WGN radio takeover will occur on Thursday, June 27, 2024, and there will be various speakers on the radio throughout the day. A video will also be released on Thursday. Movies Under the Stars Parks and Recreation Director Evans shared the first Movies Under the Stars night, a partnership with the Village of Oswego, will be held on Thursday, June 27, 2024, at Venue 1012 located 1012 Station Drive, Oswego, Illinois. Additional information can be found at https://www.facebook.com/CityofYorkville/posts/849227217229260/. Independence Day Celebration Parks and Recreation Director Evans reminded that July 4th parade starts at 9:00 a.m. in Town Square and there will be a City Council float in the parade. There will be all-day activities at Town Square and fireworks at night at Countryside Parkway and Route 47. Additional information can be found at https://www.yorkville.il.us/567/Independence-Day-Celebration. PLANNING AND ZONING COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Buildings Updates (CC 2021-04) No report. Water Study Update (CC 2021-38) No report. ADDITIONAL BUSINESS None. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Plocher; seconded by Alderman Koch. Motion unanimously approved by a viva voce vote. The Minutes of the Regular Meeting of the City Council – June 25, 2024 – Page 5 of 5 Meeting adjourned at 7:28 p.m. Minutes submitted by: Monica Cisija, Deputy Clerk, City of Yorkville, Illinois 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 Bills for Payment City Council – July 9, 2024 Majority Approval Amy Simmons Finance Name Department DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:07:58 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900148 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-A.SIMMONS-A 05/30/24 01 NICOR-4/2-5/2 651 PRAIRIE 01-110-54-00-5480 366.4902 POINTE DR ** COMMENT **03 VERIZON-4/2-5/1 IN CAR UNITS 01-210-54-00-5440 648.18INVOICE TOTAL: 1,014.67 *062524-E.WILLRETT-A 05/30/24 01 METRO WEST-FEB 2024 01-110-54-00-5412 45.0002 LEGISLATIVE ** COMMENT **03 BREAKFAST-FUNKHOUSER ** COMMENT **04 METRO WEST-MAR 2024 01-110-54-00-5412 100.0005 NETWORKING DINNER-PURCELL AND ** COMMENT **06 OLSON ** COMMENT **07 FV OCCUPATIONAL HEALTH-DRUG 79-795-54-00-5462 160.0008 TESTING ** COMMENT **09 FV OCCUPATIONAL HEALTH-DRUG 01-210-54-00-5462 40.0010 TESTING ** COMMENT **INVOICE TOTAL: 345.00 *062524-G.NELSON-A 05/30/24 03 YORK POST-BLACKBERRY MAILING 01-220-54-00-5452 17.6204 AMAZON-FILE FOLDERS 01-220-56-00-5610 142.1205 STAPLES-RETURNED PAPER CREDIT 01-220-56-00-5610 -6.7406 STAPLES-HANGING FOLDERS 01-220-56-00-5610 114.56INVOICE TOTAL: 267.56 *062524-J.BEHLAND-A 05/30/24 01 TRIBUNE-2024 LOCAL ROADS 23-230-60-00-6025 204.0102 PROGRAM BID ** COMMENT **03 TRIBUNE-BLACKBERRY OAKS 01-110-54-00-5426 315.7204 ANNEXATION PH NOTICE ** COMMENT **INVOICE TOTAL: 519.73 *062524-J.JACKSON-A 05/30/24 01 MENARDS#042924-BLUEDEF 52-520-56-00-5695 163.00INVOICE TOTAL: 163.00 *062524-J.NAVARRO-A 05/30/24 01 AMAZON-BATTERY 24-216-56-00-5656 39.5802 HOME DEPO-INSECT SPRAY 24-216-56-00-5656 12.94INVOICE TOTAL: 52.52 *062524-K.BALOG-A 05/30/24 01 AMAZON-KLEENEX, IBUPROFEN 01-210-56-00-5610 35.0502 KENDALL PRINT-NOTARY STAMPS 01-210-54-00-5430 207.2003 AMAZON-STANDING DESK, DESK 01-210-56-00-5610 628.7004 ORGANIZERS ** COMMENT **05 ACCURINT-APR 2024 SEARCHES 01-210-54-00-5462 200.00INVOICE TOTAL: 1,070.95 *062524-K.GREGORY-A 05/30/24 01 FACEBOOK-REGISTRATION POST 79-795-54-00-5426 14.71INVOICE TOTAL: 14.71 *)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:07:58 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900148 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-K.JONES-A 05/30/24 01 UNIFIRST-FIRST AID SUPPLIES 52-520-56-00-5620 82.6102 ARENSON#247485-APR 2024 GAS 01-410-56-00-5695 117.9303 ARENSON#247485-APR 2024 GAS 51-510-56-00-5695 117.9304 ARENSON#247485-APR 2024 GAS 52-520-56-00-5695 117.9305 ARENSON#248561-APR 2024 DIESEL 51-510-56-00-5695 505.5106 ARENSON#247484-APR 2024 DIESEL 01-410-56-00-5695 230.0607 ARENSON#247484-APR 2024 DIESEL 51-510-56-00-5695 230.0708 ARENSON#247484-APR 2024 DIESEL 52-520-56-00-5695 230.0709 ARENSON#248563-APR 2024 GAS 51-510-56-00-5695 1,026.6810 ARENSON#247483-APR 2024 GAS 01-410-56-00-5695 403.5111 ARENSON#247483-APR 2024 GAS 51-510-56-00-5695 403.5012 ARENSON#247483-APR 2024 GAS 52-520-56-00-5695 403.5013 TCP-STREET SIGNS 23-230-56-00-5642 1,478.5014 METROPOLITAIN INDUSTRIES-APR 52-520-54-00-5444 360.0015 2024 LIFT STATION METRO CLOUD ** COMMENT **16 DATA SERVICE ** COMMENT **17 AMPERAGE-LAMPS, TORKS, TAPE, 23-230-56-00-5642 596.0918 INSULATING BOOTS, WIRE NUTS ** COMMENT **19 AMPERAGE-LAMPS 23-230-56-00-5642 31.0220 AMPERAGE-PVC GUARD 23-230-56-00-5642 48.9821 AMPERAGE-CONCRETE 23-230-56-00-5642 231.4422 WATER PRODUCTS-BUSHING, BAND 51-510-56-00-5640 3,023.2523 REPAIR CLAMPS ** COMMENT **24 FIRST PLACE-TRENCHER 23-230-56-00-5642 214.3225 ARNESON#249029-APR 2024 GAS 01-410-56-00-5695 79.7726 ARNESON#249029-APR 2024 GAS 51-510-56-00-5695 79.7827 ARNESON#249029-APR 2024 GAS 52-520-56-00-5695 79.7828 ARNESON#249028-APR 2024 GAS 01-410-56-00-5695 376.9129 ARNESON#249028-APR 2024 GAS 51-510-56-00-5695 376.9130 ARNESON#249028-APR 2024 GAS 52-520-56-00-5695 376.9131 CINTAS-APR 2024 CINTASNET 51-510-54-00-5445 94.3832 MONITORING AT 610 TOWER ** COMMENT **33 CINTAS-APR 2024 CINTASNET 51-510-54-00-5445 94.3834 MONITORING AT 3299 LEHMAN CR ** COMMENT **35 CINTAS-APR 2024 CINTASNET 51-510-54-00-5445 94.3836 MONITORING AT 2224 TREMONT ** COMMENT **37 WELDSTAR-CYLINDER RENTAL 51-510-54-00-5485 79.3638 GJOVIKS#441591-OIL CHANGE 01-410-56-00-5628 54.4439 AQUAFIX-VITASTIM GREASE 52-520-56-00-5613 1,118.36INVOICE TOTAL: 12,758.26 *062524-M.CARYLE-A 05/30/24 01 NEMRT-PATROL RESPONSE TO 01-210-54-00-5412 80.0002 INTERNET CRIMES TRAINING ** COMMENT **03 NEMRT-ADAPTIVE LEADER 01-210-54-00-5412 100.0004 TRAINING ** COMMENT **)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:07:58 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900148 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-M.CARYLE-A 05/30/24 05 SHADOW DRAGON-SOCIALNET 25-205-60-00-6060 4,000.0006 IDENTITY MANAGEMENT QUERY ** COMMENT **07 SUBSCRIPTION ** COMMENT **08 ALL TRAFFIC SOLUTIONS-APP, 01-210-54-00-5462 4,500.0009 TRAFFIC SUITE, EQUIPMENT ** COMMENT **10 MANAGEMENT, ALERTS, MAPPING ** COMMENT **11 AND PREMIER CARE RENEWAL ** COMMENT **12 GJOVIKS#441486-SHOCK REPAIR 01-210-54-00-5495 467.7813 GJOVIKS#441075-STEERING REPAIR 01-210-54-00-5495 1,534.3214 GJOVIKS#441731-REPLACE POWER 01-210-54-00-5495 314.6315 STEERING RACK ** COMMENT **16 GJOVIKS#442004-REPLACE 01-210-54-00-5495 2,074.7017 STEERING RACK, WHEEL BEARINGS ** COMMENT **18 GJOVIKS#441947-REPLACE SWAY 01-210-54-00-5495 2,145.6719 BAR ** COMMENT **INVOICE TOTAL: 15,217.10 *062524-P.MCMAHON-A 05/30/24 01 AMAZON-PEPPER BALL INSERTS 01-210-56-00-5620 364.8002 O'HERRON-SERVICE 01-210-56-00-5600 931.0903 UNIFORM-BONNER ** COMMENT **04 AMAZON-AIR WEDGE PUMP 01-210-56-00-5620 33.2705 GALLS-NAMETAGS 01-210-56-00-5600 35.4206 PETTINGBONE-DIGITAL PHOTO ID 01-210-54-00-5462 19.00INVOICE TOTAL: 1,383.58 *062524-R.FREDRICKSON 05/30/24 01 COMCAST-4/13-5/12 INTERNET AT 51-510-54-00-5440 119.8502 610 TOWER WATER PLANT ** COMMENT **03 COMCAST-4/15-5/14 INTERNET AND 79-795-54-00-5440 221.4704 CABLE AT 102 E VAN EMMON ** COMMENT **INVOICE TOTAL: 341.32 *062524-R.HORNER 05/30/24 01 MENARDS#042924-FREEZER 25-225-60-00-6010 799.00INVOICE TOTAL: 799.00 *062524-R.MIKOLASEK-A 05/31/24 01 FIRST RESPONDERS-INDIVIDUAL 01-210-54-00-5462 185.0002 DEBRIEF ** COMMENT **03 FIRST RESPONDERS-35 WELLNESS 01-210-54-00-5462 6,475.0004 VISITS FOR 35 STAFF ** COMMENT **05 MACON COUNTY LAW-BLEA 01-210-54-00-5412 8,075.0006 TUITION-REYES ** COMMENT **07 WELLNOW URGENT CARE-BLOOD 01-210-54-00-5411 575.0008 WORK-BONNER ** COMMENT **INVOICE TOTAL: 15,310.00 *062524-S.REDMON-A 05/30/24 01 DOLLAR TREE#042924-DISH SOAP 79-795-56-00-5607 10.00)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:07:58 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900148 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-S.REDMON-A 05/30/24 02 AMAZON-BEACH PARTY SUPPLIES 79-795-56-00-5606 129.4303 AMAZON-CURRENCY COUNTER 25-225-60-00-6060 1,399.9904 AMAZON-VOLLEYBALL NET, GAMES 79-795-56-00-5606 183.9505 AMAZON-CRICUT CART 25-225-60-00-6060 428.4706 AMAZON-CRICUT SUPPLIES 79-795-56-00-5606 25.2107 AT&T-4/24-5/23 INTERNET FOR 79-795-54-00-5440 104.7008 TOWN SQUARE PARK SIGN ** COMMENT **09 WEBSTAURANT-2 ICE BIN/COOLERS 25-225-60-00-6060 1,275.9310 4 IMPRINT-GOLF OUTING SUPPLIES 79-795-56-00-5606 629.4111 SMITHEREEN-APR 2024 PEST 79-795-54-00-5495 74.0012 CONTROL ** COMMENT **13 ARNESON#249028-APR 2024 GAS 79-790-56-00-5695 1,130.7314 AMPERAGE#2013239-PHOTOCELLS 79-790-56-00-5640 10.6515 AMPERAGE#2075111-LIGHTS 79-790-56-00-5640 21.9216 AMPERAGE#2039562-LIGHTS 79-790-56-00-5640 669.6017 AMPERAGE#2059544-GLOBES 79-790-56-00-5640 578.1018 GOLD MEDAL#413496-BEECHER 79-795-56-00-5607 412.4019 CONCESSION SUPPLIES ** COMMENT **INVOICE TOTAL: 7,084.49 *062524-S.SENDRA 05/30/24 01 HOBBY LOBBY-PAPER CRAFTS 79-795-56-00-5606 41.8602 DOLLAR TREE-SWIM NOODLES 79-795-56-00-5606 10.0003 AMAZON-PINE CRAFT FRAMES 79-795-56-00-5606 32.96INVOICE TOTAL: 84.82 *062524-S.SLEEZER-A 05/30/24 01 GROUND EFFECTS#493128-MULCH 79-790-56-00-5640 1,670.50INVOICE TOTAL: 1,670.50 *062524-T.MILSCHEWSKI 05/30/24 01 MENARDS#043024-HOSE CLAMP 24-216-56-00-5656 2.56INVOICE TOTAL: 2.56 *062524-UCOY-A 05/30/24 01 VIRTRA-VIRTUAL SIMULATOR 25-205-60-00-6060 240,176.8002 INSTALLATION AND TRAINING ** COMMENT **INVOICE TOTAL: 240,176.80 *CHECK TOTAL: 298,276.57TOTAL AMOUNT PAID: 298,276.57)< 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 06/26/24 UNITED CITY OF YORKVILLETIME: 09:11:17 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 06/26/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540877 FISCHER FISCHER EXCAVATING, INC051024-PAY ESTIMATE 05/10/24 01 ENGINEERS PAYMENT ESTIMATE 52-520-60-00-6092 19,282.0002 4-CORNEILS ROAD INTERCEPTOR ** COMMENT **03 SEWER ** COMMENT **INVOICE TOTAL: 19,282.00 *CHECK TOTAL: 19,282.00TOTAL AMOUNT PAID: 19,282.00)< DATE: 07/01/24 UNITED CITY OF YORKVILLETIME: 10:47:52 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 07/09/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540953 ILTREASU STATE OF ILLINOIS TREASURER125849-BALANCE 11/01/23 01 ILLINOIS 47 & US 34 WORK 14,928.1002 ILLINOIS 47 & US 34 WORK 3,545.0003 ILLINOIS 47 & US 34 WORK 187.0018,660.10 *18,660.10INVOICE TOTAL:CHECK TOTAL:TOTAL AMOUNT PAID: 18,660.10)< 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 07:41:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540879 AACVB AURORA AREA CONVENTION3/24-HOLIDAY 06/26/24 01 MAR 2024 HOLIDAY INN HOTEL TAX 01-640-54-00-5481 4,961.63INVOICE TOTAL: 4,961.63 *4/24-HOLIDAY 06/26/24 01 APR 2024 HOLIDAY INN HOTEL TAX 01-640-54-00-5481 5,287.01INVOICE TOTAL: 5,287.01 *CHECK TOTAL: 10,248.64D003555 DLK DLK, LLC287-A 06/28/24 01 APR 2024 BANKED ECONOMIC 01-640-54-00-5486 4,500.0002 DEVELOPEMENT HOURS ** COMMENT **INVOICE TOTAL: 4,500.00 *DIRECT DEPOSIT TOTAL: 4,500.00540880 EEI ENGINEERING ENTERPRISES, INC.80572 06/26/24 01 GRANDE RESERVE-UNIT 7 01-640-54-00-5465 752.00INVOICE TOTAL: 752.00 *80573 06/26/24 01 GRANDE RESERVE-UNITS 15 & 22 01-640-54-00-5465 408.50INVOICE TOTAL: 408.50 *80592 06/26/24 01 GAWNE LAND IMPROVEMENTS 01-640-54-00-5465 262.50INVOICE TOTAL: 262.50 *CHECK TOTAL: 1,423.00540881 ILPD4778 ILLINOIS STATE POLICE043024-4790 04/30/24 01 LIQUOR BACKGROUND CHECKS 01-110-54-00-5462 84.75INVOICE TOTAL: 84.75 *CHECK TOTAL: 84.75)< 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 07:41:28UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540882 ILPD4811 ILLINOIS STATE POLICE043024-4811 04/30/24 01 BACKGROUND CHECKS 79-790-54-00-5462 56.5002 BACKGROUND CHECK 79-795-54-00-5462 28.25INVOICE TOTAL: 84.75 *CHECK TOTAL: 84.75540883 KENCOM KENCOM PUBLIC SAFETY DISPATCH620-A 06/01/24 01 MAR-APR 2024 IP FLEXIBLE REACH 01-640-54-00-5449 77.0402 MONTHLY FEE ** COMMENT **INVOICE TOTAL: 77.04 *CHECK TOTAL: 77.04540884 MECHANIC MECHANICS LAB LLC4977 04/12/24 01 REPLACE AIR DASH VALVE 01-410-54-00-5490 569.53INVOICE TOTAL: 569.53 *CHECK TOTAL: 569.53540885 WINNINGE WINNINGER EXCAVATING INC.PAY EST.2 06/18/24 01 ENGINEERS PAYMENT ESTIMATE 2 51-510-60-00-6025 620,803.3902 FOR 2024 WATER MAIN ** COMMENT **03 IMPROVEMENTS CONTRACT B ** COMMENT **INVOICE TOTAL: 620,803.39 *CHECK TOTAL: 620,803.39TOTAL CHECKS PAID:633,291.10TOTAL DEPOSITS PAID:4,500.00 TOTAL AMOUNT PAID: ϴϰϬ>/ZZzW/d>)< 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 06/19/24 UNITED CITY OF YORKVILLE TIME: 07:59:23 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131240 KCR KENDALL COUNTY RECORDER'S 06/04/24 4005972 06/04/24 01 ORDINANCE REPEALING A PUD 01-110-54-00-5462 57.00 02 AGREEMENT FOR THE EAST VILLAGE ** COMMENT ** 03 OF WESTBURY ** COMMENT ** INVOICE TOTAL: 57.00 * CHECK TOTAL: 57.00 TOTAL AMOUNT PAID: 57.00 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 06/26/24 UNITED CITY OF YORKVILLE TIME: 08:26:08 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131241 KCR KENDALL COUNTY RECORDER'S 06/14/24 4006516 06/14/24 01 BRIGHT FARMS EASEMENT-COMED- 52-520-54-00-5462 57.00 02 SEWER ** COMMENT ** INVOICE TOTAL: 57.00 * CHECK TOTAL: 57.00 TOTAL AMOUNT PAID: 57.00 DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-A.SIMMONS-B 05/30/24 01 GOTO-MAY 2024 PHONE SERVICES 01-110-54-00-5440 172.1402 GOTO-MAY 2024 PHONE SERVICES 01-220-54-00-5440 172.1403 GOTO-MAY 2024 PHONE SERVICES 01-120-54-00-5440 86.0704 GOTO-MAY 2024 PHONE SERVICES 79-795-54-00-5440 172.1405 GOTO-MAY 2024 PHONE SERVICES 01-210-54-00-5440 860.7106 COMCAST-4/20-5/19 INTERNET AT 01-110-54-00-5440 47.6207 651 PP ** COMMENT **08 COMCAST-4/20-5/19 INTERNET AT 01-220-54-00-5440 42.3309 651 PP ** COMMENT **10 COMCAST-4/20-5/19 INTERNET AT 01-120-54-00-5440 21.1611 651 PP ** COMMENT **12 COMCAST-4/20-5/19 INTERNET AT 79-790-54-00-5440 42.3313 651 PP ** COMMENT **14 COMCAST-4/20-5/19 INTERNET AT 79-795-54-00-5440 42.3315 651 PP ** COMMENT **16 COMCAST-4/20-5/19 INTERNET AT 01-210-54-00-5440 211.6517 651 PP ** COMMENT **18 IMPACT-MANAGED SERVICES BUYOUT 51-510-56-00-5620 341.8919 IMPACT-MANAGED SERVICES BUYOUT 01-120-56-00-5610 683.7820 IMPACT-MANAGED SERVICES BUYOUT 01-110-56-00-5610 341.89INVOICE TOTAL: 3,238.18 *062524-B.BEHRENS-B 05/30/24 01 MENARDS#052224-BOLTS 01-410-56-00-5630 8.3602 MENARDS#050724-BOARDS 01-410-56-00-5620 11.5703 MCCULLOUGH-V-BELTS 01-410-56-00-5628 539.95INVOICE TOTAL: 559.88 *062524-B.BLYSTONE 05/30/24 01 MSI-TEST TRANSACTION 01-000-48-00-4850 1.0002 AMAZON-PRINTER PAPER 01-110-56-00-5610 117.3003 AMAZON-FILE FOLDERS 01-110-56-00-5610 14.2704 AMAZON-FILE FOLDERS 01-110-56-00-5610 60.3305 AMAZON-ENVELOPES 01-110-56-00-5610 37.9806 AMAZON-PENS, LABELS, WIPES 01-110-56-00-5610 39.1507 PRINTER PAPER 01-110-56-00-5610 156.40INVOICE TOTAL: 426.43 *062524-B.OLSON-B 05/30/24 01 ICSC CONFERENCE PARKING 01-110-54-00-5415 60.0002 ICSC CONFERENCE TAXI 01-110-54-00-5415 31.3603 ZOOM-4/23-5/22 USER FEES 01-110-54-00-5462 213.96INVOICE TOTAL: 305.32 *062524-B.VALLES-B 05/30/24 01 MENARDS#050324-RAKE,RESIRATORS 01-410-56-00-5630 96.4802 YORK ACE-STIHL HP ULTRA OIL 01-410-56-00-5620 32.9903 GROUND EFFECT#494383-MULCH 01-410-56-00-5640 173.25INVOICE TOTAL: 302.72 *)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-C.HAYES 05/30/24 01 MENARDS#051124-PROPANE 01-210-56-00-5620 43.13INVOICE TOTAL: 43.13 *062524-D.BROWN-B 05/30/24 01 MENARDS#050824-COUPLER 51-510-56-00-5638 23.9202 GRAINGER-GAS CYLINDER 52-520-56-00-5613 299.75INVOICE TOTAL: 323.67 *062524-D.HENNE-B 05/30/24 01 YORK ACE-FUSES 01-410-56-00-5620 7.5902 HOME DEPO-FUSES 01-410-56-00-5620 12.9803 MENARDS#052024-LEAF RAKES 01-410-56-00-5630 51.96INVOICE TOTAL: 72.53 *062524-D.SMITH 05/30/24 01 MENARDS#050124-BOARDS 79-790-56-00-5640 8.5802 RURAL KING-BRASS TIPS 79-790-56-00-5640 15.9803 MENARDS#052124-DUCT TAPE 79-790-56-00-5620 15.8504 MENARDS#052224-ELBOW, PIPE 79-790-56-00-5640 62.1505 AMAZON-ZIP TIES 79-790-56-00-5620 62.3506 MASTER HALCO-PIPE, TENSION 79-790-56-00-5646 4,031.9407 BARS, ALUM TIES, BRACE BANDS, ** COMMENT **08 POSTS, STEEL SLEEVES, CAPS ** COMMENT **INVOICE TOTAL: 4,196.85 *062524-E.DHUSE-B 05/30/24 01 HOME DEPO-GARDEN WEEDER 01-410-56-00-5630 32.60INVOICE TOTAL: 32.60 *062524-E.HERNANDEZ-B 05/30/24 01 NAPA#365106-FILTERS 01-410-56-00-5628 21.3902 YORK ACE-CHAINS, OIL 01-410-56-00-5630 149.9503 GROUND EFFECT#494285-MULCH 01-410-56-00-5640 173.2504 GROUND EFFECTS#494350-MULCH 01-410-56-00-5640 173.25INVOICE TOTAL: 517.84 *062524-E.WILLRETT-B 05/30/24 01 METRO WEST-ANNUAL DUES 01-110-54-00-5460 10,766.5002 DELL-MICROSOFT LICENSING 01-640-54-00-5450 677.8503 AMAZON-ETHERNET CABLE 01-110-56-00-5610 61.47INVOICE TOTAL: 11,505.82 *062524-G.JOHNSON-B 05/30/24 01 MENARDS#050924-HEX NUTS 51-510-56-00-5620 5.9902 GAS-N-WASH-CAR WASH 51-510-54-00-5490 10.0003 MENARDS#050324-BATTERIES, 51-510-56-00-5665 21.5604 SAFETY GLASS ** COMMENT **05 MENARDS#051024-ELECTRICAL TAPE 51-510-56-00-5620 24.9006 MENARDS#051724-PACKING TAPE 51-510-56-00-5620 8.29INVOICE TOTAL: 70.74 *062524-G.NELSON-B 05/30/24 01 YORK POST-KELAKA MAILING 90-220-00-00-0011 17.62)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-G.NELSON-B 05/30/24 02 YORK POST-HAG MAILING 90-221-00-00-0011 17.6203 MSI-2 TEST TRANSACTIONS 01-000-48-00-4850 2.0004 AMAZON-PRINTER CARTRIDGES 01-220-56-00-5610 289.9905 AMAZON-STICKY NOTES 01-220-56-00-5610 23.9306 AMAZON-PLASTIC FORKS 01-220-56-00-5620 24.8007 YORK POST-HAG MAILING 90-221-00-00-0011 123.1808 YORK POST-KEL MAILING 90-220-00-00-0011 174.60INVOICE TOTAL: 673.74 *062524-G.STEFFENS-B 05/30/24 01 MENARDS#051524-KEY RINGS,STRAW 52-520-56-00-5620 45.0202 MENARDS#050824-COUPLING 52-520-56-00-5620 35.0403 NAPA#364869-CABLE TERMINAL 52-520-56-00-5628 9.3204 UPS-1 PKG SHIPPED 52-520-56-00-5620 20.96INVOICE TOTAL: 110.34 *062524-J.ANDERSON-B 05/30/24 01 MENARDS#052424-TREE WATERING 79-790-56-00-5620 19.9802 BAG ** COMMENT **INVOICE TOTAL: 19.98 *062524-J.BAUER-B 05/30/24 01 KARA-NETWORK SOLUTIONS ANNUAL 51-510-54-00-5440 1,575.0002 SUBSCRIPTION ** COMMENT **INVOICE TOTAL: 1,575.00 *062524-J.BEHLAND-B 05/30/24 01 BEAVER SHREDDING-DOCUMENT 01-120-54-00-5462 342.0002 SHREDDING ** COMMENT **03 BEAVER SHREDDING-DOCUMENT 79-795-54-00-5462 342.0004 SHREDDING ** COMMENT **05 BEAVER SHREDDING-DOCUMENT 01-110-54-00-5462 342.0006 SHREDDING ** COMMENT **07 TRIBUNE-HAGEMANN PZC PH NOTICE 90-229-00-00-0011 880.9208 TRIBUNE-KELAKA PZC PH NOTICE 90-220-00-00-0011 395.1909 TRIBUNE-HAGEMANN CC PH NOTICE 90-229-00-00-0011 880.9210 TRIBUNE-KELAKA CC PH NOTICE 90-220-00-00-0011 390.3311 DROPBOX PLUS-ANNUAL 01-110-54-00-5460 119.8812 SUBSCRIPTION ** COMMENT **INVOICE TOTAL: 3,693.24 *062524-J.GALAUNER-B 05/30/24 01 BSN#925650227-BASEBALL JERSEYS 79-795-56-00-5606 530.0002 BSN#925762255-SUMMER 79-795-56-00-5606 2,843.0003 BASKETBALL SHIRTS ** COMMENT **INVOICE TOTAL: 3,373.00 *062524-J.JACKSON-B 05/30/24 01 MENARDS#050724-COUPLING 52-520-56-00-5620 22.5202 MENARDS#050724-COUPLING 52-520-56-00-5620 19.3403 MENARDS#052424-TACKY GREASE 52-520-56-00-5628 69.80)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-J.JACKSON-B 05/30/24 04 MENARDS#050724-COUPLINGS 52-520-56-00-5640 131.1205 ISOS-CDL LICENSE RENEWAL 52-520-54-00-5462 61.35INVOICE TOTAL: 304.13 *062524-J.JENSEN 05/30/24 01 JEWEL-FLOWERS 01-210-56-00-5650 8.6502 LOGO FACTORY-STAFFING SHIRTS 01-210-56-00-5600 389.25INVOICE TOTAL: 397.90 *062524-J.NAVARRO-B 05/30/24 01 MENARDS#050624-LAMPHOLDERS 24-216-56-00-5656 15.8802 YORK ACE-KEYS 24-216-56-00-5656 7.9803 ENCOMPASS-ASSEMBLY CABLE 24-216-56-00-5656 58.0704 ENCOMPASS-CABLE ASSEMBLY 24-216-56-00-5656 99.3205 AMAZON-MONITOR SHELVES 24-216-56-00-5656 75.9606 AMAZON-FAN MOTOR ASSEMBLY 24-216-56-00-5656 100.5807 AMAZON-CORD COVERS 24-216-56-00-5656 15.5208 AMAZON-BULB REPLACEMENTS 24-216-56-00-5656 256.1809 AMAZON-BALLAST 24-216-56-00-5656 110.5110 ENCOMPASS-ASSEMBLY CABLE 24-216-56-00-5656 29.8211 AMAZON-PAPER TOWELS, EMERGENCY 24-216-56-00-5656 89.5112 LIGHT BATTERY ** COMMENT **INVOICE TOTAL: 859.33 *062524-J.PETRAGALLO 05/30/24 01 YORK ACE-WATER 01-220-56-00-5620 11.96INVOICE TOTAL: 11.96 *062524-J.SLEEZER-B 05/30/24 01 JOHNSONS-STAFF SHIRTS 01-410-56-00-5600 476.9102 JOHNSONS-STAFF SHIRTS 51-510-56-00-5600 408.7803 JOHNSONS-STAFF SHIRTS 52-520-56-00-5600 136.2604 JOHNSONS-STAFF SHIRTS 24-216-56-00-5600 68.21INVOICE TOTAL: 1,090.16 *062524-J.WEISS 05/30/24 01 TARGET-GIFT CARDS FOR POETRY 82-000-24-00-2480 60.0002 CONTEST ** COMMENT **03 TARGET-JUICE 82-820-56-00-5671 16.5804 DOLLAR TREE-SUMMER PROGRAM 82-000-24-00-2480 54.2505 SUPPLIES ** COMMENT **INVOICE TOTAL: 130.83 *062524-K.BALOG-B 05/30/24 01 CNA SURETY-NOTARY RENEWAL 01-210-54-00-5462 30.0002 YORK POST-POSTAGE 01-210-54-00-5452 9.6303 SHREDIT-MAY 2024 SHREDDING 01-210-54-00-5462 261.9404 AMAZON-WIPES, RECEIPT BOOK, 01-210-56-00-5610 231.9405 FLASH DRIVES, ENVELOPES, PAPER ** COMMENT **06 CLIPS ** COMMENT **07 COMCAST-MAY 2024 FIBER NETWORK 24-216-54-00-5446 830.00)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-K.BALOG-B 05/30/24 08 KENDALL PRINT-TRAFFIC STOP 01-210-54-00-5430 155.9009 RECEIPT BOOKS ** COMMENT **10 LOGO FACTORY-STAFF JACETS 01-210-56-00-5600 206.50INVOICE TOTAL: 1,725.91 *062524-K.BARKSDALE-B 05/30/24 01 ADOBE-CREATIVE CLOUD FEE 01-220-54-00-5462 58.43INVOICE TOTAL: 58.43 *062524-K.GREGORY-B 05/30/24 01 GINIFAB-STAFF HAWAIIAN SHIRTS 01-110-56-00-5610 577.9702 BITLY-ANNUAL GROWTH PLAN 79-795-54-00-5462 174.0003 BITLY-ANNUAL GROWTH PLAN 82-820-54-00-5462 174.0004 IPRA-PROFESSIONAL DEVELOPMENT 79-795-54-00-5412 975.0005 SCHOOL REGISTRATION ** COMMENT **06 IPRA-MARKETING SUMMIT 79-795-54-00-5412 37.5007 IPRA-MARKETING SUMMIT 82-820-54-00-5412 37.50INVOICE TOTAL: 1,975.97 *062524-K.IHRIG-B 05/30/24 01 TARGET-WATER 79-795-56-00-5606 4.0002 DOLLAR TREE-SWIM NOODLES 79-795-56-00-5606 11.7503 AMAZON-PARTY RINGS 79-795-56-00-5606 13.98INVOICE TOTAL: 29.73 *062524-K.JONES-B 05/30/24 01 MINER#351588-MANAGED SERVICES 01-410-54-00-5462 366.8502 RADIO-MAY 2024 ** COMMENT **03 MINER#351588-MANAGED SERVICES 51-510-54-00-5462 430.6504 RADIO-MAY 2024 ** COMMENT **05 MINER#351588-MANAGED SERVICES 52-520-54-00-5462 287.1006 RADIO-MAY 2024 ** COMMENT **07 MINER#351588-MANAGED SERVICES 79-790-54-00-5462 510.4008 RADIO-MAY 2024 ** COMMENT **09 CINTAS-MAY-JUN 2024 51-510-54-00-5445 188.7710 MONITORING AT 610 TOWER LN ** COMMENT **11 CINTAS-MAY-JUN 2024 51-510-54-00-5445 188.7712 MONITORING AT 3299 LEHMAN CR ** COMMENT **13 CINTAS-MAY-JUN 2024 51-510-54-00-5445 188.7714 MONITORING AT 2224 TREMONT ** COMMENT **15 AMPERAGE#2075796-BALLAST KITS 23-230-56-00-5642 303.3816 BULBS ** COMMENT **17 AMPERAGE#2075824-FUSES 23-230-56-00-5642 233.0018 ARNESON#244421-MAY 2024 DIESEL 01-410-56-00-5695 278.0519 ARNESON#244421-MAY 2024 DIESEL 51-510-56-00-5695 278.0420 ARNESON#244421-MAY 2024 DIESEL 52-520-56-00-5695 278.0421 ARNESON#244422-MAY 2024 GAS 01-410-56-00-5695 416.2222 ARNESON#244422-MAY 2024 GAS 51-510-56-00-5695 416.2223 ARNESON#244422-MAY 2024 GAS 52-520-56-00-5695 416.22INVOICE TOTAL: 4,780.48 *)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-M.BARBANENTE- 05/30/24 01 WALGREENS-INTERNET PHOTOS 79-795-56-00-5606 19.9902 SPEEDWAY-ICE 79-795-56-00-5606 27.72INVOICE TOTAL: 47.71 *062524-M.CARYLE-B 05/30/24 01 HOLIDAY INN-CONFERENCE LODGING 01-210-54-00-5415 1,415.0302 FOR CARLYLE & ENK ** COMMENT **INVOICE TOTAL: 1,415.03 *062524-M.CISIJA-B 05/30/24 01 MSI-CC TEST TRANSACTION 01-000-48-00-4850 1.00INVOICE TOTAL: 1.00 *062524-M.MCGREGORY-B 05/30/24 01 MENARDS#050324-ELECTRICAL 51-510-56-00-5620 23.9702 TAPE, CABLE TIES ** COMMENT **03 MENARDS#050924-DUCT SEALING 51-510-56-00-5620 2.4904 COMPOUND ** COMMENT **05 MENARDS#051324-DRILL BITS, 51-510-56-00-5630 136.6306 ANCHORS, SCFEWDRIVER, PLIERS ** COMMENT **INVOICE TOTAL: 163.09 *062524-M.NELSON-B 05/30/24 01 MENARDS#050624-CABLE TIES 01-210-56-00-5620 19.58INVOICE TOTAL: 19.58 *062524-M.SENG-B 05/30/24 01 MENARDS#052324-CAR WASHING 01-410-56-00-5628 98.7602 SUPPLIES ** COMMENT **03 GJOVIKS#442633-BRAKE, ROTOR 01-410-54-00-5490 2,028.7504 AND TIE ROD REPAIRS ** COMMENT **INVOICE TOTAL: 2,127.51 *062524-P.MCMAHON-B 05/30/24 01 AMAZON-TACTICAL BOOTS 01-210-56-00-5600 109.9402 O'HERRON-UNIFORM PANTS 01-210-56-00-5600 86.3403 EPOLICE-VISUAL BADGE 01-210-56-00-5620 169.9504 INFANTE-SONIC TONIC,SONIC LUBE 01-210-56-00-5620 175.0005 AMAZON-GUNSMITHING HAMMER 01-210-56-00-5620 16.6606 MENARDS#051024-DEBUG WASH 01-210-56-00-5620 22.8007 AMAZON-SPAMER WRENCH 01-210-56-00-5620 32.9708 AMAZON-TACTICAL BOOTS 01-210-56-00-5600 156.9409 LOGO FACTORY-UNIFORM POLOS 01-210-56-00-5600 99.1210 O'HERRON-UNIFORM OXFORD 01-210-56-00-5600 71.9611 O'HERRON-SERVICE UNIFORM 01-210-56-00-5600 364.2612 O'HERRON-SERVICE UNIFORM 01-210-56-00-5600 269.8513 MANTIS-SHOOTING PERFORMANCE 01-210-56-00-5620 274.9914 SYSTEM, GLOCK DOUBLE STACK ** COMMENT **15 GOOGLE-MONTHLY NEST AWARE 01-210-54-00-5460 8.0016 WASH HOUSE-ALTERATIONS 01-210-56-00-5600 145.6017 STREICHERS-2 VESTS 01-210-56-00-5690 1,280.00INVOICE TOTAL: 3,284.38 *)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-P.RATOS-B 05/30/24 01 QUICK LANE-OIL CHANGE 01-220-54-00-5490 55.2002 AMAZON-BADGE KEYCHAIN 01-220-56-00-5620 13.99INVOICE TOTAL: 69.19 *062524-P.SCODRO-B 05/30/24 01 MENARDS#051624-PLIERS 51-510-56-00-5630 10.9702 MENARDS#051024-DRILL BITS, 51-510-56-00-5620 41.8903 SCREWDRIVER,ANCHORS,CABLE TIES ** COMMENT **04 MENARDS#051024-WIRE LOCK PIN 51-510-56-00-5620 3.98INVOICE TOTAL: 56.84 *062524-R.CONARD-B 05/30/24 01 MENARDS#050324-COUPLING, 51-510-56-00-5620 94.6702 CONTRACT FLAP, TRANSFER PUMP ** COMMENT **03 MENARDS#050924-BUG SPRAYS 51-510-56-00-5638 61.01INVOICE TOTAL: 155.68 *062524-R.FREDRICKSON 05/30/24 01 GFOA-BUDGET WEBINAR 01-120-54-00-5412 35.0002 GFOA-DEVELOPING RFP WEBINAR 01-120-54-00-5412 85.0003 GFOA-FISCAL FIRST AID WEBINAR 01-120-54-00-5412 210.0004 GFOA-EVALUATING INTERNAL 01-120-54-00-5412 280.0005 CONTROLS VIRTUAL TRAINING ** COMMENT **06 GFOA-BUILDING INTERNAL 01-120-54-00-5412 125.0007 CONTROLS SEMINAR ** COMMENT **08 GFOA-UTILITY BILLING SEMINAR 01-120-54-00-5412 200.0009 NEWTEK-5/11-6/11 WEB HOSTING 01-640-54-00-5450 17.2110 COMCAST-4/29-5/28 INTERNET, 79-790-54-00-5440 268.6811 VOICE AND CABLE AT 185 WOLF ST ** COMMENT **12 COMCAST-4/30-5/29 INTERNET AT 52-520-54-00-5440 31.5813 610 TOWER ** COMMENT **14 COMCAST-4/30-5/29 INTERNET AT 01-410-54-00-5440 126.3215 610 TOWER ** COMMENT **16 COMCAST-4/30-5/29 INTERNET AT 51-510-54-00-5440 78.9517 610 TOWER ** COMMENT **18 IPASS-TRANSPONDER REFILL 01-000-14-00-1415 20.0019 GFOA-BUILDING INTERNAL CONTROL 01-120-54-00-5412 -125.0020 WEBINAR CREDIT ** COMMENT **INVOICE TOTAL: 1,352.74 *062524-R.HORNER-B 05/30/24 01 FLATSOS-4 NEW TIRES 79-790-54-00-5495 869.1602 RURAL KING-SIDE WIND TUBES 79-790-56-00-5640 89.9903 MENARDS#051024-ORINGS, WASHERS 79-790-56-00-5640 23.3404 GREASE ** COMMENT **05 MENARDS#050824-AKONAFLEX 79-790-56-00-5640 35.9806 MENARDS#050324-SPRAY PAINT, 79-790-56-00-5640 87.1107 SHIMS, WASHERS, LOCK NUTS, ** COMMENT **08 GORILLA GLUE, ANCHORS ** COMMENT **)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-R.HORNER-B 05/30/24 09 MENARDS#052824-BALL VALVES, 79-790-56-00-5640 110.1510 DRAIN VALVE, SOAP SPRAY, ** COMMENT **11 MULCH, HOLE STRAPS ** COMMENT **INVOICE TOTAL: 1,215.73 *062524-R.MIKOLASEK-B 05/30/24 01 IACP-ANNUAL ACCREDITATION FEE 01-210-54-00-5460 800.0002 IACP-ANNUAL MEMBERSHIPS DUES 01-210-54-00-5460 100.0003 MIKE & DENISE-CARRYOUT FOOD 01-210-54-00-5411 31.5604 AMAZON-STOPWATCH 01-210-54-00-5411 16.9805 MENARDS#051624-DRINKS 01-210-56-00-5620 19.9406 SOUTHWEST-OCT 2024 CONFERENCE 01-210-54-00-5415 735.9007 TRANSPORTATION-MIKOLASEK & ** COMMENT **08 CARLYLE ** COMMENT **INVOICE TOTAL: 1,704.38 *062524-R.NILES-B 05/30/24 01 TARGET-BUNS, CLEANING SPRAY 79-795-56-00-5607 58.9202 TARGET-WATER, CLEANING WIPES 79-795-56-00-5606 26.6503 SPEEDWAY-ICE 79-795-56-00-5606 83.17INVOICE TOTAL: 168.74 *062524-R.WOOLSEY-B 05/30/24 01 MSI-CC TEST TRANSACTION 01-000-48-00-4850 2.00INVOICE TOTAL: 2.00 *062524-S.AUGUSTINE-B 05/30/24 01 TRIBUNE-SUBSCRIPTION RENEWALS 82-820-54-00-5460 710.0002 ATA-INTRO TO WEB 82-820-54-00-5412 129.0003 ACCESSIBILITY AND USABILITY ** COMMENT **04 TRAINING ** COMMENT **05 HOME DEPO-PLANTS, SOIL 82-000-24-00-2480 112.7706 AMAZON-MYLAR BALLOONS 82-820-56-00-5671 7.9907 AMAZON-PLASTIC COCKROACHES 82-820-56-00-5671 9.7908 AMAZON-CORRECTION TAPE 82-820-56-00-5610 14.2909 AMAZON-MONTHLY PRIME FEE 82-820-54-00-5460 14.9910 AMERICAN FLAGPOLE-US FLAGS 82-820-56-00-5621 159.9011 AMAZON-POCKET FOLDERS,NOTEBOOK 82-820-56-00-5610 49.8612 MENARDS#052924-FORKS, PLATES, 82-820-54-00-5412 77.7113 NAPKINS, DESERTS, DRINKS,WATER ** COMMENT **14 CUPS, CUTLERY ** COMMENT **15 TARGET-DELI MEAT, BUNS, 82-820-54-00-5412 136.5516 FRUIT, POP, VEGETABLES, CHEESE ** COMMENT **INVOICE TOTAL: 1,422.85 *062524-S.IWANSKI-B 05/30/24 01 YORK POST-POSTAGE 82-820-54-00-5452 43.1102 MENARDS#050124-CLEANER 82-820-56-00-5621 6.9803 GRACE CLEANERS-DRY CLEANING 82-820-54-00-5462 15.00INVOICE TOTAL: 65.09 *)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-S.MENDEZ-B 05/30/24 01 AMAZON PRIME CANCELLATION CR 01-220-54-00-5462 -14.99INVOICE TOTAL: -14.99 *062524-S.REDMON-B 05/30/24 01 CAROUSEL SOUND-CRUISE NIGHT DJ 79-795-56-00-5606 570.0002 AMAZON BEACH PARTY DECOR 79-795-56-00-5606 288.3303 RUNCO-PAPER TOWELS, TISSUE 79-795-56-00-5606 272.2404 FUN EXPRESS-BEACH PARTY 79-795-56-00-5606 174.5005 SUPPLIES ** COMMENT **06 AMAZON-BEACH PARTY CRAFTS 79-795-56-00-5606 127.6907 WALMART-BUNS, JALAPENOS 79-795-56-00-5607 31.2408 WALMART-CANDY 79-795-56-00-5606 126.2009 IPRA-JOB POSTING 79-795-54-00-5426 315.0010 AMAZON-WASH CLOTHS,COFFEE 79-795-56-00-5607 92.3511 FILTERS ** COMMENT **12 AMAZON-KEYBOARDS, MICE 79-795-56-00-5606 54.7713 TARGET-BUNS 79-795-56-00-5607 7.9514 DULCERIA DE AURORA-PINATAS 79-795-56-00-5606 69.2515 AMAZON-BALLOONS 79-795-56-00-5606 23.3616 SWANK-WIDESCREEN DVDS 79-795-56-00-5606 1,085.0017 ARNESON#244500-MAY 2024 GAS 79-790-56-00-5695 1,456.7718 ARNESON#244427-MAY 2024 GAS 79-790-56-00-5695 905.2819 ARNESON#244426-MAY 2024 DIESEL 79-790-56-00-5695 327.8320 ARNESON#244499-MAY 2024 DIESEL 79-790-56-00-5695 159.1221 CRICUT-ANNUAL STUDIO 79-795-56-00-5606 95.8822 GOLD MEDAL#413941-BEECHER 79-795-56-00-5607 1,265.8023 CONCESSION SUPPLIES ** COMMENT **24 GOLD MEDAL#4413942-BRIDGE 79-795-56-00-5607 1,211.1025 CONCESSION SUPPLIES ** COMMENT **26 GOLD MEDAL#413724-BEECHER 79-795-56-00-5607 648.1527 CONCESSION SUPPLIES ** COMMENT **28 GOLD MEDAL#413725-BRIDGE 79-795-56-00-5607 895.4629 CONCESSION SUPPLIES ** COMMENT **30 DISCOUNT SCHOOL-PRESCHOOL 79-795-56-00-5606 111.4831 CRAFT SUPPLIES ** COMMENT **32 WALMART-WATER, CAPRI SUN, 79-795-56-00-5606 90.2533 CRICUT SUPPLIES ** COMMENT **34 WALMART-BUNS 79-795-56-00-5607 17.5235 WALMART-ICE 79-795-56-00-5606 45.8036 AMAZON-SOCCER BALL CLIPS 79-795-56-00-5606 178.9437 CHASEWOOD-LEGO ROBOTICS 79-795-54-00-5462 1,500.0038 CONTRACTUAL PAYMENT ** COMMENT **39 AMAZON-CAMP SUPPLIES 79-795-56-00-5606 440.8740 AMAZON-CAMP SUPPLIES 79-795-56-00-5606 328.1441 RUNCO-PAPER, WIPES, SANITIZER, 79-795-56-00-5606 331.1842 FORKS, GLUE STICKS ** COMMENT **)< DATE: 06/25/24 UNITED CITY OF YORKVILLETIME: 14:15:44 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-S.REDMON-B 05/30/24 43 WAKMART-BUNS, PEPPER 79-795-56-00-5607 103.04INVOICE TOTAL: 13,350.49 *062524-S.REMUS-B 05/30/24 01 PARTY CITY-BALLOONS 79-795-56-00-5606 34.7202 PARTY CITY-BALLOONS 79-795-56-00-5606 96.3003 FAIRYTALE ENTERTAINMENT-RIVER 79-795-56-00-5606 500.0004 FEST CHARACTER DEPOSIT ** COMMENT **05 FAIRYTALE ENTERTAINMENT-HTD 79-795-56-00-5606 2,200.0006 CHARACTER DEPOSIT ** COMMENT **07 TWO SISTERS SWEETS-COOKIES 79-795-56-00-5606 122.4008 WALMART-PLATES, NAPKINS 79-795-56-00-5606 28.4009 WALMART-IRON, IRONING BOARD 79-795-56-00-5610 74.4210 TARGET-CUPCAKES 79-795-56-00-5606 110.3411 LITTLE FOXES CLUBHOUSE- 79-795-56-00-5606 666.0012 PRESCHOOL CELEBRATION ** COMMENT **13 FOAM PARTY ALSTARS-BEACH PARTY 79-795-56-00-5606 750.0014 FOAM PARTY ** COMMENT **INVOICE TOTAL: 4,582.58 *062524-S.SENDRA-B 05/30/24 01 HOBBY LOBBY-PAPER CRAFTS 79-795-56-00-5606 17.6102 PARTY CITY-SUPPLIES REFUND 79-795-56-00-5606 -24.7303 PARTY CITY-PRESCHOOL SUPPLIES 79-795-56-00-5606 62.1704 NRPA-CPR CERTIFICATION 79-795-54-00-5412 270.0005 NRPA-PROFESSIONAL DEVELOPMENT 79-795-54-00-5412 975.0006 SCHOOL REGISTRATION ** COMMENT **INVOICE TOTAL: 1,300.05 *062524-S.SLEEZER-B 05/30/24 01 MENARDS#050824-CONTRACTOR BAGS 79-790-56-00-5620 451.0702 RUSSO#SPI20627822-RIDE MOWER 25-225-60-00-6010 15,519.0003 RUSSO#SPI20627823-FILTER 79-790-56-00-5640 15.5204 GROUND EFFECTS#495066-PLAYMAT 79-790-56-00-5640 1,624.00INVOICE TOTAL: 17,609.59 *062524-S.STROUP-B 05/30/24 01 O'REILLY-MOLDING TAPE 01-210-56-00-5620 14.06INVOICE TOTAL: 14.06 *062524-T.HOULE 05/30/24 01 MENARDS#050124-FLUSH REPAIR 79-790-56-00-5640 17.9802 PLUG ** COMMENT **03 MENARDS#050824-GAS CAN 79-790-56-00-5630 16.8404 MENARDS#050124-TEST PLUG 79-790-56-00-5640 7.5805 MENARDS#050224-PADDED TIEDOWN 79-790-56-00-5620 9.9706 AMAZON-TIRE GUAGE 79-790-56-00-5630 36.2907 WURTH-SAFETY GLASSES 79-790-56-00-5600 171.3608 AMAZON-COMMERCIAL PHOTO EYES 79-790-56-00-5640 83.2609 AMAZON-AIR HOSE REEL 79-790-56-00-5640 99.99)< DATE: 06/25/24UNITED CITY OF YORKVILLETIME: 14:15:44MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900149 FNBO FIRST NATIONAL BANK OMAHA 06/25/24062524-T.HOULE 05/30/24 10 FLATSOS-TUBES 79-790-54-00-5495 45.00INVOICE TOTAL: 488.27 *062524-T.LOWRY-B 05/30/24 01 MENARDS#052024-CABLE TIES 79-790-56-00-5620 33.9802 MENARDS#050624-SHEETING, JOINT 79-790-56-00-5620156.6903 FILLER** COMMENT **INVOICE TOTAL:190.67 *062524-T.MILSCHEWSKI 05/30/24 01 MENARDS#051424-STEP LADDER24-216-56-00-5656189.0002 MENARDS#051524-THERMOSTAT24-216-56-00-565617.9903 GUARD** COMMENT **04 MENARDS#050924-SILICONE24-216-56-00-565610.4905 MENARDS#051324-WATER PUMP,82-820-54-00-549526.9306 FLEX SEAL, HOSE CLAMP** COMMENT **07 MENARDS#050124-SILICONE, CAULK 24-216-56-00-565636.0108 GUN** COMMENT **09 MENARDS#050824-WEED KILLER82-820-54-00-549542.6810 HOME DEPO-BULBS24-216-56-00-565621.9811 HOME DEPO-WIRE STRIPPER,24-216-56-00-565652.9312 CONNECTORS** COMMENT **13 HOME DEPO-BULBS82-820-54-00-549522.9414 MENARDS#051724-CAR WASHING24-216-56-00-565627.4315 SUPPLIES** COMMENT **16 MENARDS#052324-BULBS24-216-56-00-565647.97INVOICE TOTAL:496.35 *CHECK TOTAL:93,694.45TOTAL AMOUNT PAID:93,694.45)< 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 06/25/24TIME: 08:17:06UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 06/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540862 BEEBED DAVID BEEBE06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 75.00INVOICE TOTAL: 75.00 *CHECK TOTAL: 75.00D003546 BOOKERT THOMAS BOOKER06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 90.00INVOICE TOTAL: 90.00 *DIRECT DEPOSIT TOTAL: 90.00540863 BUDDA ARLO BUDD06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 70.00INVOICE TOTAL: 70.00 *CHECK TOTAL: 70.00D003547 CULLENT TREVOR CULLEN06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 90.00INVOICE TOTAL: 90.00 *DIRECT DEPOSIT TOTAL: 90.00D003548 DIETERG GARY M. DIETER06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 100.00INVOICE TOTAL: 100.00 *DIRECT DEPOSIT TOTAL: 100.00540864 GAMBROK KATE GAMBROFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 06/25/24UNITED CITY OF YORKVILLETIME: 08:17:06PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 06/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540864 GAMBROK KATE GAMBRO06/17-06/2306/24/24 01 UMPIRE79-795-54-00-546280.00INVOICE TOTAL:80.00 *CHECK TOTAL:80.00540865 HUMBERSC CARTER HUMBERS06/17-06/2306/24/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *CHECK TOTAL:45.00540866 MACHOLLK KENNETH MACHOLL06/17-06/2306/24/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00D003549 MATSONA AIDAN MATSON06/17-06/2306/24/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003550 MAYNARDL LAURENCE R. MAYNARD06/17-06/2306/24/24 01 UMPIRE79-795-54-00-5462160.00INVOICE TOTAL:160.00 *DIRECT DEPOSIT TOTAL:160.00540867 MEADOWSK KEVIN A. MEADOWSFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 06/25/24TIME: 08:17:06UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 06/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540867 MEADOWSK KEVIN A. MEADOWS06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 100.00INVOICE TOTAL: 100.00 *CHECK TOTAL: 100.00540868 METRONET METRO FIBERNET LLC1872272-061824 06/24/24 01 6/18-7/17 INTERNET @ 651 PP 01-110-54-00-5440 66.8702 6/18-7/17 INTERNET @ 651 PP 01-220-54-00-5440 76.4203 6/18-7/17 INTERNET @ 651 PP 01-120-54-00-544038.2104 6/18-7/17 INTERNET @ 651 PP 79-795-54-00-544076.4205 6/18-7/17 INTERNET @ 651 PP 01-210-54-00-5440382.08INVOICE TOTAL:640.00 *CHECK TOTAL:640.00540869 MORRICKB BRUCE MORRICK06/17-06/2306/24/24 01 UMPIRE79-795-54-00-546280.00INVOICE TOTAL:80.00 *CHECK TOTAL:80.00540870 MULLENSA ANTHONY MULLENS06/17-06/2306/24/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00D003551 OLEARYM MARTIN J. O'LEARY06/03-06/23 06/24/24 01 UMPRE 79-795-54-00-5462 200.00INVOICE TOTAL: 200.00 *DIRECT DEPOSIT TOTAL: 200.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 06/25/24TIME: 08:17:06UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 06/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540871 PAETZOLS SAM PAETZOLD06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 160.00INVOICE TOTAL: 160.00 *CHECK TOTAL: 160.00D003552 PATTONS SHANE PATTON06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 150.00INVOICE TOTAL: 150.00 *DIRECT DEPOSIT TOTAL: 150.00540872 RIETZR ROBERT L. RIETZ JR.062024 06/20/24 01 UMPIRE 79-795-54-00-5462 168.00INVOICE TOTAL: 168.00 *CHECK TOTAL: 168.00540873 ROTHLISD DAVID ROTHLISBERGER06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00D003553 SANDOVAA ANTONIO SANDOVAL06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 170.00INVOICE TOTAL: 170.00 *DIRECT DEPOSIT TOTAL: 170.00D003554 SCHOUD DECLAN SCHOUFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 06/25/24TIME: 08:17:06UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 06/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003554 SCHOUD DECLAN SCHOU06/17-06/23 06/24/24 01 UMPIRE 79-795-54-00-5462 80.00INVOICE TOTAL: 80.00 *DIRECT DEPOSIT TOTAL: 80.00540874 VOITIKM MICHAEL VOITIK062024 06/20/24 01 UMPIRE 79-795-54-00-5462 168.00INVOICE TOTAL: 168.00 *CHECK TOTAL: 168.00540875 WASONG GERALD WASON062024 06/20/24 01 UMPIRE 79-795-54-00-5462 126.00INVOICE TOTAL: 126.00 *CHECK TOTAL: 126.001,897.001,085.00TOTAL CHECKS PAID:TOTAL ',5(&7DEPOSITS PAID:TOTAL AMOUNT PAID:2,982.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540887 5STARSOC 5 STAR SOCCER CAMPS INC62424 06/24/24 01 SOCCER CAMP INSTRUCTION 79-795-54-00-5462 1,869.00INVOICE TOTAL: 1,869.00 *CHECK TOTAL: 1,869.00540888 AACVB AURORA AREA CONVENTION05/24-HAMPTON 06/24/24 01 MAY 2024 HAMPTON HOTEL TAX 01-640-54-00-5481 4,694.55INVOICE TOTAL:4,694.55 *05/24-SUNSET06/18/24 01 MAY 2024 SUNSET HOTEL TAX 01-640-54-00-548114.40INVOICE TOTAL:14.40 *5/24-HOLIDAY06/26/24 01 MAY 2024 HOLIDAY INN HOTEL TAX 01-640-54-00-54816,977.50INVOICE TOTAL:6,977.50 *CHECK TOTAL:11,686.45540889 ADVAAUTO ADVANCED AUTOMATION & CONTROLS24-452606/12/24 01 RAINTREE INTRUSION51-510-54-00-5445240.0002 TROUBLESHOOTING** COMMENT **INVOICE TOTAL:240.00 *CHECK TOTAL:240.00540890 ALLSTAR ALL STAR SPORTS INSTRUCTION24401006/26/24 01 SUMMER I CLASS INSTRUCTION 79-795-54-00-546211,292.00INVOICE TOTAL:11,292.00 *CHECK TOTAL:11,292.00540891 ANDERSJA JARED ANDERSONFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540891 ANDERSJA JARED ANDERSON070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00540892 ARCIMAGE ARC IMAGING RESOURCES952338 06/14/24 01 CONTEX IQ QUATTRO X4490 BUNDLE 01-220-54-00-5462 8,695.00INVOICE TOTAL:8,695.00 *CHECK TOTAL:8,695.00540893 ARTLIP ARTLIP & SONS, INC.21154506/18/24 01 PREVENTATIVE MAINTENANCE ON 24-216-54-00-5446851.9202 RTU 3 AT CITY HALL** COMMENT **INVOICE TOTAL:851.92 *CHECK TOTAL:851.92540894 BARBANEM MARISA BARBANENTE07012407/01/24 01 JUN 2024 MOBILE EMAIL79-795-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00540895 BATTERYS BATTERY SERVICE CORPORATION011067706/06/24 01 BATTERY01-410-56-00-5628109.50INVOICE TOTAL:109.50 *CHECK TOTAL:109.50FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540896 BCBS BLUE CROSS BLUE SHIELDFO15083-JUN 2024 06/28/24 01 DEARBORN/BCBS EAP-JUN 2024 01-110-52-00-5222 6.3502 DEARBORN/BCBS EAP-JUN 2024 01-120-52-00-5222 4.9403 DEARBORN/BCBS EAP-JUN 2024 01-210-52-00-5222 50.7604 DEARBORN/BCBS EAP-JUN 2024 01-220-52-00-5222 11.6305 DEARBORN/BCBS EAP-JUN 2024 01-410-52-00-5222 10.6906 DEARBORN/BCBS EAP-JUN 2024 24-216-52-00-5222 2.8207 DEARBORN/BCBS EAP-JUN 2024 51-510-52-00-52229.2708 DEARBORN/BCBS EAP-JUN 2024 52-520-52-00-52224.3509 DEARBORN/BCBS EAP-JUN 2024 79-790-52-00-522213.4010 DEARBORN/BCBS EAP-JUN 2024 79-795-52-00-52229.8711 DEARBORN/BCBS EAP-JUN 2024 82-820-52-00-52227.05INVOICE TOTAL:131.13 *CHECK TOTAL:131.13D003556 BEHLANDJ JORI BEHLAND070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540897 BENNETTG BENNETT, GARY L.061024 06/10/24 01 JUN-DEC 2024 BRUSH DUMPING 01-540-54-00-5443 600.00INVOICE TOTAL: 600.00 *CHECK TOTAL: 600.00D003557 BLYSTONB BOBBIE BLYSTONE070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540898 BNYMGLOB THE BANK OF NEW YORK MELLON252-2637605 06/11/24 01 08/01/24-12/30/24 ADMIN FEE 82-820-54-00-5498 802.50INVOICE TOTAL: 802.50 *CHECK TOTAL: 802.50D003558 BROWND DAVID BROWN070124 07/01/24 01 JUN 2024 MOBILE EMAIL 52-520-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540899 CAMBRIA CAMBRIA SALES COMPANY INC.43828 05/24/24 01 PAPER TOWEL, GARBAGE BAGS 24-216-56-00-5656 459.55INVOICE TOTAL:459.55 *4384506/12/24 01 PAPER TOWEL52-520-56-00-5620108.54INVOICE TOTAL:108.54 *CHECK TOTAL:568.09540900 COMED COMMONWEALTH EDISON1870344000-052406/03/24 01 05/03-06/03 105 W COUNTRYSIDE 23-230-54-00-548229.69INVOICE TOTAL:29.69 *2536492222-052406/11/24 01 05/02-06/03 46 SARAVANOS PUMP 52-520-54-00-548084.24INVOICE TOTAL:84.24 *5946707000-052406/08/24 01 5/1-5/30 PR BUILDINGS79-795-54-00-54801,193.06INVOICE TOTAL:1,193.06 *CHECK TOTAL:1,306.99FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003559 CONARDR RYAN CONARD070124 07/01/24 01 JUN 2024 MOBILE EMAIL 51-510-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540901 CONLEY CONLEY EXCAVATING, INC4919 06/25/24 01 ENGINEERS PAYMENT ESTIMATE 1 51-510-60-00-6025 394,875.0002 FOR 2024 WATER MAIN** COMMENT ** 03 REPLACEMENT CONTRACT A** COMMENT **INVOICE TOTAL:394,875.00 *CHECK TOTAL:394,875.00540902 COREMAIN CORE & MAIN LPU97737805/30/24 01 25 BACKFLOW METERS51-510-56-00-56643,668.63INVOICE TOTAL:3,668.63 *V02928306/06/24 01 50 BACKFLOW METERS,COUPLING 51-510-56-00-56647,337.26INVOICE TOTAL:7,337.26 *CHECK TOTAL:11,005.89540903 DAVISK KYLE DAVIS052324-PER DIEM05/23/24 01 PEPPERBALL INSTRUCTOR COURSE 01-210-54-00-541540.0002 MEAL PER DIEMS** COMMENT **INVOICE TOTAL:40.00 *CHECK TOTAL:40.00D003560 DHUSEE DHUSE, ERICFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003560 DHUSEE DHUSE, ERIC062524-MILEAGE 06/25/24 01 LAKE MICHIGAN WATER MEETING 51-510-54-00-5415 59.2002 MILEAGE AND TOLL REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 59.20 *070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 15.0002 REIMBURSEMENT ** COMMENT **03 15JUN 2024 MOBILE EMAIL 51-510-54-00-5440 15.0004 REIMBURSEMENT ** COMMENT **05 JUN 2024 MOBILE EMAIL 52-520-54-00-5440 15.0006 REIMBURSEMENT ** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:104.20540904 DIRENRGY DIRECT ENERGY BUSINESS1704706-241720054616 06/20/24 01 05/03-06/03 RT34 & BEECHER 23-230-54-00-548277.07INVOICE TOTAL:77.07 *1704718-241720054616 06/20/24 01 05/08-06/07 RT34 & CANNONBALL 23-230-54-00-548219.68INVOICE TOTAL:19.68 *CHECK TOTAL:96.75D003561 DLKDLK, LLC27806/28/24 01 JUNE 2024 ECONOMIC DEVELOPMENT 01-640-54-00-54869,750.0002 HOURS** COMMENT **INVOICE TOTAL:9,750.00 *287-B06/28/24 01 MAY-JUN 2024 BANKED ECONOMIC 01-640-54-00-548612,000.0002 DEVELOPMENT HOURS** COMMENT **INVOICE TOTAL:12,000.00 *DIRECT DEPOSIT TOTAL:21,750.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540905 DRHCAMBR DR HORTON-MIDWEST20220743-2687 SEELEY 06/17/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-2415 7,500.00INVOICE TOTAL: 7,500.00 *20220908-2784 BERRYW 06/17/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-2415 5,000.00INVOICE TOTAL:5,000.00 *20221036-2789 BERRYW 06/17/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20230345-2647 SEELEY 06/17/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-2415450.00INVOICE TOTAL:450.00 *20231156-2630 SEELEY 06/17/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231329-2622 SEELEY 06/06/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:27,950.00540906 DUTEK THOMAS & JULIE FLETCHER102385806/07/24 01 VALVE52-520-56-00-5628147.00INVOICE TOTAL:147.00 *102387306/10/24 01 HOSE ASSEMBLY52-520-56-00-562837.00INVOICE TOTAL:37.00 *CHECK TOTAL:184.00540907 EEIENGINEERING ENTERPRISES, INC.5056606/26/24 01 UTILITY PERMIT REVIEWS01-640-54-00-5465798.00INVOICE TOTAL:798.00 *FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540907 EEI ENGINEERING ENTERPRISES, INC.80565 06/26/24 01 TRAFFIC CONTROL SIGNAGE & 01-640-54-00-5465 4,035.5302 MARKINGS ** COMMENT **INVOICE TOTAL: 4,035.53 *80567 06/19/24 01 PRESTWICK 01-640-54-00-5465 334.50INVOICE TOTAL: 334.50 *80568 06/26/24 01 HEARTLAND MEADOWS 90-064-64-00-0111 616.50INVOICE TOTAL: 616.50 *80569 06/26/24 01 WINDETT RIDGE-UNIT 2 90-048-48-00-0111 769.50INVOICE TOTAL: 769.50 *80570 06/26/24 01 STORM WATER BASIN INSPECTIONS 01-640-54-00-5465 2,448.00INVOICE TOTAL: 2,448.00 *80571 06/26/24 01 GRANDE RESERVE-UNITS 26 & 27 90-147-00-00-0111 3,118.00INVOICE TOTAL: 3,118.00 *80574 06/26/24 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111 1,996.0002 PHASE 2 & 3 RESUB. ** COMMENT **INVOICE TOTAL: 1,996.00 *80575 06/26/24 01 YBSD SOLIDS HANDLING & 01-640-54-00-5465 157.5002 IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 157.50 *80576 06/26/24 01 GRANDE RESERVE-UNIT 9 01-640-54-00-5465 2,120.50INVOICE TOTAL: 2,120.50 *80577 06/26/24 01 BRIGHT FARMS 90-173-00-00-0111 10,547.50INVOICE TOTAL: 10,547.50 *80578 06/26/24 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-0111 1,378.50INVOICE TOTAL: 1,378.50 *FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540907 EEI ENGINEERING ENTERPRISES, INC.80579 06/26/24 01 WELL MONITORING DASHBOARDS 01-640-54-00-5465 315.00INVOICE TOTAL: 315.00 *80580 06/26/24 01 CORNEILS RD INTERCEPTOR SEWER 52-520-60-00-6092 1,494.50INVOICE TOTAL:1,494.50 *8058106/26/24 01 LSL INVENTORY01-640-54-00-5465130.00INVOICE TOTAL:130.00 *8058206/26/24 01 BRISTOL BAY-UNIT 1390-179-00-00-0111356.00INVOICE TOTAL:356.00 *8058306/26/24 01 2023 WATER MAIN REPLACEMENT-A 51-510-60-00-6025925.00INVOICE TOTAL:925.00 *8058406/26/24 01 CALEDONIA-UNIT 390-188-00-00-01113,735.00INVOICE TOTAL:3,735.00 *8058506/26/24 01 GENERAL LAKE MICHIGAN/DWC 01-640-54-00-54651,719.5002 COORDINATION** COMMENT **INVOICE TOTAL:1,719.50 *8058606/26/24 01 BRISTOL BAY-UNIT 1090-186-00-00-0111182.00INVOICE TOTAL:182.00 *8058706/26/24 01 BRISTOL BAY-UNIT 1290-186-00-00-0111240.50INVOICE TOTAL:240.50 *8058806/26/24 01 GRANDE RESERVE-UNIT 401-640-54-00-5465430.00INVOICE TOTAL:430.00 *8058906/19/24 01 LAKE MICHIGAN51-510-60-00-60112,231.7502 CONNECTION-CORROSION CONTROL ** COMMENT **03 STUDY** COMMENT **INVOICE TOTAL:2,231.75 *FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540907 EEI ENGINEERING ENTERPRISES, INC.80590 06/26/24 01 GRANDE RESERVE-UNIT 6 01-640-54-00-5465 84.00INVOICE TOTAL: 84.00 *80591 06/26/24 01 PUBLIC WORKS SITE-BOOMBAH BLVD 24-216-60-00-6042 1,895.00INVOICE TOTAL:1,895.00 *8059306/26/24 01 NORTHPOINTE SUBDIVISION90-195-00-00-011150.00INVOICE TOTAL:50.00 *8059406/26/24 01 NEW LEAF ENERGY-SOLAR FARM 90-196-00-00-0111673.00INVOICE TOTAL:673.00 *8059506/26/24 01 2023 WATER MAIN REPLACEMENT-B 51-510-60-00-60254,979.00INVOICE TOTAL:4,979.00 *8059606/26/24 01 GREEN DOOR HAGEMANN90-221-00-00-00112,145.00INVOICE TOTAL:2,145.00 *8059706/26/24 01 GREEN DOOR KELAKA90-220-00-00-0111924.00INVOICE TOTAL:924.00 *8059806/26/24 01 QUIKTRIP GAS STATION90-208-00-00-0111557.00INVOICE TOTAL:557.00 *CHECK TOTAL:51,386.28540908 EEIENGINEERING ENTERPRISES, INC.8059906/26/24 01 2024 WATER MAIN REPLACEMENT-A 51-510-60-00-602535,931.00INVOICE TOTAL:35,931.00 *CHECK TOTAL:35,931.00540909 EEIENGINEERING ENTERPRISES, INC.FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540909 EEI ENGINEERING ENTERPRISES, INC.80600 06/26/24 01 2024 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 36,196.50INVOICE TOTAL: 36,196.50 *80601 06/26/24 01 2023 NPDES MS4 ANNUAL REPORT 01-640-54-00-5465 515.50INVOICE TOTAL:515.50 *8060206/26/24 01 ELDAMAIN WATER MAIN LOOP-LP 51-510-60-00-60243,672.50INVOICE TOTAL:3,672.50 *8060306/26/24 01 CENTER ST WATER MAIN EXTENSION 51-510-60-00-602519,390.00INVOICE TOTAL:19,390.00 *8060406/26/24 01 DOWNTOWN RIVERWALK-FEASIBILTY 01-640-54-00-546511,881.0002 STUDY** COMMENT **INVOICE TOTAL:11,881.00 *8060506/26/24 01 E.VAN EMMON ST RESURFACING 23-230-60-00-60896,235.00INVOICE TOTAL:6,235.00 *8060606/26/24 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111666.0002 PHASE 4** COMMENT **INVOICE TOTAL:666.00 *8060706/26/24 01 LAKE MICHIGAN-WIFIA LOAN APP 51-510-60-00-60115,040.00INVOICE TOTAL:5,040.00 *8060806/26/24 01 CORNEILS RD SOLAR90-216-00-00-01111,276.00INVOICE TOTAL:1,276.00 *8060906/26/24 01 1981 S BRIDGE ST90-219-00-00-01111,005.50INVOICE TOTAL:1,005.50 *8061006/26/24 01 GRANDE RESERVE-UNIT 2190-222-00-00-0111137.00INVOICE TOTAL:137.00 *FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540909 EEI ENGINEERING ENTERPRISES, INC.80611 06/26/24 01 2024 LOCAL ROAD PROGRAM 23-230-60-00-6025 12,920.00INVOICE TOTAL: 12,920.00 *80612 06/26/24 01 PAVEMENT MANAGEMENT UPDATE 23-230-54-00-5465 900.00INVOICE TOTAL:900.00 *8061306/26/24 01 OLD POST OFFICE-LEGAL01-640-54-00-546510,878.0002 SURVEYING** COMMENT **INVOICE TOTAL:10,878.00 *8061406/26/24 01 CYRUS ONE90-227-00-00-01111,939.50INVOICE TOTAL:1,939.50 *8061506/26/24 01 2025 WATER MAIN REPLACEMENT 51-510-60-00-60257,968.00INVOICE TOTAL:7,968.00 *8064006/26/24 01 WELL #10 AND RAW WATER MAIN 51-510-60-00-602914,781.00INVOICE TOTAL:14,781.00 *8064106/26/24 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-54652,024.00INVOICE TOTAL:2,024.00 *8064206/26/24 01 GRANDE RESERVE-UNIT 18 & 25 90-228-00-00-0111468.50INVOICE TOTAL:468.50 *8064306/26/24 01 SOUTHERN SANITARY SEWER52-520-60-00-6024629.0002 CONNECTION** COMMENT **INVOICE TOTAL:629.00 *CHECK TOTAL:138,523.00540910 EEIENGINEERING ENTERPRISES, INC.8064406/26/24 01 2024 ROAD PROGRAM23-230-60-00-602540,837.50INVOICE TOTAL:40,837.50 *CHECK TOTAL:40,837.50FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540911 EEI ENGINEERING ENTERPRISES, INC.80645 06/26/24 01 LEAD SERVICE LINE REPLACEMENT 01-640-54-00-5465 1,019.8802 PLAN ** COMMENT **INVOICE TOTAL: 1,019.88 *80646 06/26/24 01 GRANDE RESERVE-UNITS 10 & 11 90-223-00-00-0111 1,600.00INVOICE TOTAL: 1,600.00 *80656 06/26/24 01 LM-LAMD AQUISITION SERVICES 01-640-54-00-5465 1,182.00INVOICE TOTAL: 1,182.00 *80657 06/26/24 01 WATER AUDIT & NON-REVENUE 51-510-54-00-5465 4,930.5002 WATER REDUCTION ** COMMENT **INVOICE TOTAL: 4,930.50 *80658 06/26/24 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-5465 1,900.00INVOICE TOTAL: 1,900.00 *CHECK TOTAL: 10,632.38540912 ENKS SEAN ENK053124-PER DIEM 05/31/24 01 40 HOUR SWAT SCHOOL MEAL PER 01-210-54-00-5415 244.0002 DIEMS ** COMMENT **INVOICE TOTAL: 244.00 *CHECK TOTAL: 244.00D003562 EVANST TIM EVANS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-795-54-00-5440 22.5002 REIMBURSEMENT ** COMMENT **03 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 22.5004 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003563 FREDRICR ROB FREDRICKSON070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *6/21 POSTAGE 06/26/24 01 102 WORSLEY PH POSTAGE 90-225-00-00-0011 120.7102 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 120.71 *DIRECT DEPOSIT TOTAL: 165.71540913 FUNONE THE FUN ONES85946 06/12/24 01 2024 RIVER FEST ACTIVITIES 79-795-56-00-5606 3,392.88INVOICE TOTAL: 3,392.88 *CHECK TOTAL: 3,392.88D003564 GALAUNEJ JAKE GALAUNER070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003565 GOLDSMIR RYAN GOLDSMITH071824-PER DIEM 06/27/24 01 SCHOOL RESOURCE OFFICER 01-210-54-00-5415 310.5002 NATIONAL CONFERENCE MEAL PER ** COMMENT **03 DIEMS ** COMMENT **INVOICE TOTAL: 310.50 *DIRECT DEPOSIT TOTAL: 310.50540914 HAYESC CHRISTOPHER HAYESFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540914 HAYESC CHRISTOPHER HAYES052424-PER DIEMS 05/24/24 01 FBI LEEDA CLI TRAINING MEAL 01-210-54-00-5415 75.0002 PER DIEMS ** COMMENT **INVOICE TOTAL: 75.00 *053124-PER DIEMS 05/31/24 01 FBI SWAT SCHOOL MEAL PER 01-210-54-00-5415 266.0002 DIEMS ** COMMENT **INVOICE TOTAL:266.00 *CHECK TOTAL:341.00D003566 HENNED DURK HENNE070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003567 HERNANDN NOAH HERNANDEZ070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540915 HODOUSR RICHARD HODOUS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 10.5002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:10.50 *CHECK TOTAL:10.50D003568 HORNERR RYAN HORNERFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003568 HORNERR RYAN HORNER070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *TOOL REIMB 06/17/24 01 REIMBURSEMENT FOR TOOLS AND 79-790-56-00-5630 2,192.6102 TRUCK BOXES ** COMMENT **INVOICE TOTAL: 2,192.61 *DIRECT DEPOSIT TOTAL: 2,237.61D003569 HOULEA ANTHONY HOULE070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540916 IHRIGK KIRSTEN IHRIG070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *WALMART REIMB05/25/24 01 REIMBURSEMENT FOR PRESCHOOL 79-795-56-00-560669.7702 SUPPLIES BOUGHT AT WALMART** COMMENT **INVOICE TOTAL:69.77 *CHECK TOTAL:114.77D003570 JACKSONJ JAMIE JACKSON070124 07/01/24 01 JUN 2024 MOBILE EMAIL 52-520-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003571 JOHNGEOR GEORGE JOHNSON070124 07/01/24 01 JUN 2024 MOBILE EMAIL 51-510-54-00-5440 22.5002 REIMBURSEMENT ** COMMENT **03 JUN 2024 MOBILE EMAIL 52-520-54-00-5440 22.5004 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540917 KENCOM KENCOM PUBLIC SAFETY DISPATCH620 06/01/24 01 MAY 2024 IP FLEXIBLE REACH FEE 01-640-54-00-5449 115.56INVOICE TOTAL:115.56 *CHECK TOTAL:115.56540918 KENDCPA KENDALL COUNTY CHIEFS OF117906/12/24 01 KCACP MONTHLY MEETINGS FOR 01-210-54-00-5415185.0002 MAY & JUNE 2024** COMMENT **INVOICE TOTAL:185.00 *CHECK TOTAL:185.00540919 KENDCROS KENDALL CROSSING, LLCSTATION 1 BBQ-524 KE 06/20/24 01 CONSTRUCTION GUARANTEE REFUND 01-000-24-00-241524,468.00INVOICE TOTAL:24,468.00 *CHECK TOTAL:24,468.00D003572 KLEEFISG GLENN KLEEFISCH070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540920 KLUBER KLUBER, INC9033 05/31/24 01 CITY OF YORKVILLE PUBLIC 24-216-60-00-6042 30,654.0002 WORKS AND PARK MAINTENANCE ** COMMENT **03 STUDY. ** COMMENT **INVOICE TOTAL: 30,654.00 *CHECK TOTAL: 30,654.00540921 LANDAP PAUL LANDA070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 10.5002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:10.50 *CHECK TOTAL:10.50540922 LINDCO LINDCO EQUIPMENT SALES INC221475C-SWL06/03/24 01 SOURCEWELL CONTRACT PURCHASE 25-215-60-00-6070143,831.3802 OF MACK 2024 SINGLE AXLE** COMMENT **INVOICE TOTAL:143,831.38 *CHECK TOTAL:143,831.38540923 LOBDELLT TYLER LOBDELL052324-PER DIEM05/23/24 01 BASIC CRIME SCENE PHOTOGRAPHY 01-210-54-00-541545.0002 TRAINING MEAL PER DIEMS** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00540924 LOMBARDS STEVEN LOMBARDO07012407/01/24 01 JUN 2024 MOBILE EMAIL79-790-54-00-544010.50FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540924 LOMBARDS STEVEN LOMBARDO070124 07/01/24 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 10.50 *CHECK TOTAL: 10.50D003573 MCGREGOM MATTHEW MCGREGORY070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540925 MIDWSALT MIDWEST SALTP474866 06/18/24 01 BULK ROCK SALT 51-510-56-00-5638 3,254.25INVOICE TOTAL: 3,254.25 *P474867 06/18/24 01 BULK ROCK SALT 51-510-56-00-5638 3,161.40INVOICE TOTAL:3,161.40 *P47488406/19/24 01 BULK ROCK SALT51-510-56-00-56383,114.97INVOICE TOTAL:3,114.97 *CHECK TOTAL:9,530.62D003574 MILSCHET TED MILSCHEWSKI070124 07/01/24 01 JUN 2024 MOBILE EMAIL 24-216-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003575 NAVARROJ JESUS NAVARROFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003575 NAVARROJ JESUS NAVARRO070124 07/01/24 01 JUN 2024 MOBILE EMAIL 24-216-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540926 NEOPOST QUADIENT FINANCE USA, INC062524-CITY 06/25/24 01 REFILL POSTAGE MACHINE 01-000-14-00-1410 300.00INVOICE TOTAL:300.00 *CHECK TOTAL:300.00540927 NICOR NICOR GAS16-00-27-3553 4-0524 06/11/24 01 05/10-06/11 1301 CAROLYN01-110-54-00-548044.33INVOICE TOTAL:44.33 *20-52-56-2042 1-0524 05/29/24 01 04/26-05/29 420 FAIRHAVEN 01-110-54-00-5480139.93INVOICE TOTAL:139.93 *31-61-67-2493 1-0524 06/10/24 01 05/09-06/10 276 WINDHAM01-110-54-00-548044.27INVOICE TOTAL:44.27 *45-12-25-4081 3-0524 06/11/24 01 05/09-06/10 201 W HYDRAULIC 01-110-54-00-548054.43INVOICE TOTAL:54.43 *95-16-10-1000 4-0524 06/13/24 01 05/14-06/10 1 RT4701-110-54-00-548042.62INVOICE TOTAL:42.62 *CHECK TOTAL:325.58540928 ONECLARI PORTABLE TANK GROUP, INC1118706/20/24 01 NEW WATER TANK25-225-60-00-601011,649.72INVOICE TOTAL:11,649.72 *CHECK TOTAL:11,649.72FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540929 PEPSI PEPSI-COLA GENERAL BOTTLE25395505 06/24/24 01 BRIDGE CONCESSION DRINKS 79-795-56-00-5607 406.59INVOICE TOTAL: 406.59 *25395507 06/24/24 01 BEECHER CONCESSION DRINKS 79-795-56-00-5607 540.64INVOICE TOTAL:540.64 *CHECK TOTAL:947.23D003576 PIAZZA AMY SIMMONS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540930 PIPERSON STEVE PIPER & SONS, INC.23045 06/17/24 01 REMOTE TUB GRINDING 01-410-54-00-5458 8,110.00INVOICE TOTAL: 8,110.00 *CHECK TOTAL: 8,110.00540931 PRINTSRC LAMBERT PRINT SOURCE, LLC4083 06/19/24 01 4TH OF JULY BANNERS 79-795-56-00-5606 360.00INVOICE TOTAL: 360.00 *CHECK TOTAL: 360.00540932 PURCELLJ JOHN PURCELL070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540933 R0001975 RYAN HOMES20230653-2661 GOULD 06/26/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-2415 5,000.00INVOICE TOTAL: 5,000.00 *20230924-2656 GOULD 06/26/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-2415 5,000.00INVOICE TOTAL:5,000.00 *20231314-2657 GOULD 06/26/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231315-2659 GOULD 06/26/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231316-2650 GOULD 06/26/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:25,000.00540934 R0002652 CULTIVATE POWER LLCLANCELEAF ESCROW RFN 06/24/24 01 LEGAL ESCROW DEPOSIT REFUND 90-210-00-00-00114,838.0002 ENG ESCROW DEPOSIT REFUND 90-210-00-00-011113,922.50INVOICE TOTAL:18,760.50 *CHECK TOTAL:18,760.50540935 R0002653 RANDY KELLEY062424-RFND06/24/24 01 REFUND OVERPAYMENT ON UB01-000-13-00-1371194.8802 ACCOUNT #0101296400-00** COMMENT **INVOICE TOTAL:194.88 *CHECK TOTAL:194.88540936 R0002654 MICHAEL KLIPPFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540936 R0002654 MICHAEL KLIPP061724-RFND 06/17/24 01 REFUND OVERPAYMENT ON UB 01-000-13-00-1371 205.6402 ACCT #0102340400-01 ** COMMENT **INVOICE TOTAL: 205.64 *CHECK TOTAL: 205.64540937 R0002655 EARTHWISE PET SHOP214774 06/13/24 01 PET ADOPTION EVENT DEPOSIT 79-000-24-00-2410 100.0002 REFUND** COMMENT **INVOICE TOTAL:100.00 *CHECK TOTAL:100.00D003577 RATOSP PETE RATOS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-220-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003578 REDMONST STEVE REDMON070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540938 REINDERS REINDERS, INC.4075882-00 06/19/24 01 REPLACE HYDRAULIC FILTER AND 79-790-54-00-5495 895.7702 FLUID ** COMMENT **INVOICE TOTAL:895.77 *CHECK TOTAL:895.77FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540939 RESOMANA RESOURCE MANAGEMENT ASSOCIATES24041-1 06/04/24 01 POLICE SERGEANT EXAM 01-210-54-00-5411 366.96INVOICE TOTAL: 366.96 *CHECK TOTAL: 366.96D003579 ROSBOROS SHAY REMUS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003580 SCODROP PETER SCODRO070124 07/01/24 01 JUN 2024 MOBILE EMAIL 51-510-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003581 SCOTTTR TREVOR SCOTT070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003582 SENDRAS SAMANTHA SENDRA070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003583 SENGM MATT SENG070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540940 SHEPHERC CORY SHEPHERD053124-MILEAGE 05/31/24 01 SWAT SCHOOL MILEAGE 01-210-54-00-5415 120.9102 REIMBURSEMENT ** COMMENT **INVOICE TOTAL:120.91 *053124-PER DIEM05/31/24 01 SWAT SCHOOL MEAL PER DIEMS 01-210-54-00-5415269.00INVOICE TOTAL:269.00 *CHECK TOTAL:389.91D003584 SLEEZERJ JOHN SLEEZER070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003585 SLEEZERS SCOTT SLEEZER070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003586 SMITHD DOUG SMITHFY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003586 SMITHD DOUG SMITH070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540941 SOUNDENG SOUNDSCAPE ENGINEERING LLC1988 06/18/24 01 MAY-JUN 2024 CONSULTING 90-227-00-00-0111 988.7502 SERVICES ** COMMENT **INVOICE TOTAL:988.75 *CHECK TOTAL:988.75540942 SPRTFLD SPORTSFIELDS, INC.2422406/13/24 01 BASEBALL INFIELD MIX79-790-56-00-56461,315.28INVOICE TOTAL:1,315.28 *CHECK TOTAL:1,315.28D003587 STEFFANG GEORGE A STEFFENS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 52-520-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540943 SWANSONL LUKE SWANSON061424-PER DIEM 06/27/24 01 BASIC FIELD TRAINING MEAL PER 01-210-54-00-5415 75.0002 DIEMS ** COMMENT **INVOICE TOTAL:75.00 *CHECK TOTAL:75.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003588 THOMASL LORI THOMAS070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540944 TRAFFIC TRAFFIC CONTROL CORPORATION151773 06/21/24 01 LEDS 01-410-54-00-5435 408.00INVOICE TOTAL:408.00 *CHECK TOTAL:408.00540945 UNIFIRST UNIFIRST FIRST AID & SAFETYI37533106/11/24 01 FIRST AID SUPPLIES79-790-56-00-5620118.30INVOICE TOTAL:118.30 *CHECK TOTAL:118.30540946 UNIMAX UNI-MAX MANAGEMENT CORP498006/17/24 01 JUNE OFFICE CLEANING @ 651 PP 01-110-54-00-5488342.1702 JUNE OFFICE CLEANING @ 651 PP 01-120-54-00-5488342.1703 JUNE OFFICE CLEANING @ 651 PP 01-210-54-00-5488982.7704 JUNE OFFICE CLEANING @ 651 PP 79-795-54-00-5488294.5505 JUNE OFFICE CLEANING @ 651 PP 01-220-54-00-5488188.3406 JUNE OFFICE CLEANING @ 610 01-410-54-00-5488144.3307 TOWER** COMMENT **08 JUNE OFFICE CLEANING @ 610 51-510-54-00-5488144.3409 TOWER** COMMENT **10 JUNE OFFICE CLEANING @ 610 52-520-54-00-5488144.3311 TOWER** COMMENT **12 JUNE LIBRARY OFFICE CLEANING 82-820-54-00-54881,950.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540946 UNIMAX UNI-MAX MANAGEMENT CORP4980 06/17/24 13 JUNE OFFICE CLEANING @ 185 79-790-54-00-5488 216.0014 WOLF ** COMMENT **15 JUNE OFFICE CLEANING @ 79-790-54-00-5488 212.0016 BEECHER CONCESSION ** COMMENT **17 JUNE OFFICE CLEANING @ BRIDGE 79-790-54-00-5488 212.0018 CONCESSION ** COMMENT **19 JUNE OFFICE CLEANING @79-795-54-00-5488108.0020 HYDRAULIC BLDG** COMMENT **21 JUNE OFFICE CLEANING @79-795-54-00-5488650.0022 PRESCHOOL BLDG** COMMENT **23 JUNE OFFICE CLEANING @ VAN 79-795-54-00-5488216.0024 EMMON BLDG** COMMENT **INVOICE TOTAL:6,147.00 *CHECK TOTAL:6,147.00540947 VALLASB BRYAN VALLES-MATA07012407/01/24 01 JUN 2024 MOBILE EMAIL01-410-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00540948 WATERSYS WATER SOLUTIONS UNLIMITED, INC12502806/04/24 01 CHLORINE51-510-56-00-56386,075.82INVOICE TOTAL:6,075.82 *CHECK TOTAL:6,075.82D003589 WEBERR ROBERT WEBER070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-410-54-00-5440 45.00FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003589 WEBERR ROBERT WEBER070124 07/01/24 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540949 WEX WEX BANK98025617 06/30/24 01 JUN 2024 GASOLINE 01-210-56-00-5695 6,520.9702 JUN 2024 GASOLINE 01-220-56-00-5695 739.32INVOICE TOTAL: 7,260.29 *CHECK TOTAL: 7,260.29D003590 WILLRETE ERIN WILLRETT070124 07/01/24 01 JUN 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003591 WOLFB BRANDON WOLF070124 07/01/24 01 JUN 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00540950 YORKACE YORKVILLE ACE & RADIO SHACK178830 05/28/24 01 SLIDE RAIL, CHAIN LOOPS 01-410-56-00-5620 193.93INVOICE TOTAL:193.93 *17888206/05/14 01 CARABINER, KEYS, KEY RINGS 52-520-56-00-562020.25INVOICE TOTAL:20.25 *CHECK TOTAL:214.18FY 25 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/01/24TIME: 08:00:48UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 07/09/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540951 YOUNGM MARLYS J. YOUNG060424-EDC 06/19/24 01 06/04/24 EDC MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.001,053,041.9025,963.02TOTAL CHECKS PAID:TOTAL ',5(&7DEPOSITS PAID:TOTAL AMOUNT PAID:1,079,004.92FY 25 REGULAR OVERTIME TOTAL IMRF FICA TOTALSMAYOR & LIQ. COM.1,583.34$ -$1,583.34$ -$121.13$ 1,704.47$ ALDERMAN5,766.64 - 5,766.64 - 441.20 6,207.84 ADMINISTRATION23,738.23 - 23,738.23 1,383.95 1,763.90 26,886.08 FINANCE23,884.94 - 23,884.94 1,392.48 1,794.65 27,072.07 POLICE171,539.51 1,541.49 173,081.00 446.43 12,911.65 186,439.08 COMMUNITY DEV.34,808.34 - 34,808.34 2,008.35 2,573.67 39,390.36 STREETS26,600.65 459.10 27,059.75 1,577.56 2,012.01 30,649.32 BUILDING & GROUNDS6,202.70 - 6,202.70 361.62 461.68 7,026.00 WATER21,596.24 411.33 22,007.57 1,283.04 1,611.70 24,902.31 SEWER13,212.95 - 13,212.95 770.35 971.76 14,955.06 PARKS41,253.90 114.04 41,367.94 2,119.13 3,092.33 46,579.40 RECREATION34,693.86 - 34,693.86 1,573.97 2,600.12 38,867.95 LIBRARY19,072.06 - 19,072.06 727.87 1,406.81 21,206.74 TOTALS423,953.36$ 2,525.96$ 426,479.32$ 13,644.75$ 31,762.61$ 471,886.68$ TOTAL PAYROLL 471,886.68$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYJune 21, 2024 ACCOUNTS PAYABLE DATE FY 24 City MasterCard Bill Register - FY 24 (Pages 1 - 4)06/25/2024 298,276.57$ Manual City Check Register - FY 24 (Page 5)06/26/2024 19,282.00 Manual City Check Register - FY 24 (Page 6)07/09/2024 18,660.10 City Check Register - FY 25 (Pages 7 - 8)07/09/2024 637,791.10 SUB-TOTAL: 974,009.77$ FY 25 Clerk's Check #131240 Kendall County Recorder (Page 9)06/04/2024 57.00$ Clerk's Check #131241 Kendall County Recorder (Page 10)06/14/2024 57.00 City MasterCard Bill Register - FY 25 (Pages 11 - 21)06/25/2024 93,694.45 Manual City Check Register - FY 25 (Pages 22 - 26)06/28/2024 2,982.00 City Check Register - FY 25 (Pages 27 - 56)07/09/2024 1,079,004.92 SUB-TOTAL: $1,175,795.37 WIRE PAYMENTS Blue Cross/ Blue Shield Insurance-July 2024 06/28/2024 153,001.16$ Amalgamated Bank of Chicago - 2023 Bond -Interest PMT 06/25/2024 225,921.88 Amalgamated Bank of Chicago - 2021 Bond -Principal PMT 06/25/2024 98,950.00 Key Govt Finance-2022 Debt Service- Interest PMT 06/25/2024 14,960.20 Amalgamated Bank of Chicago - 2014C Bond -Interest PMT 06/25/2024 2,025.00 BNY Mellon - 2006 Bond - Interest PMT 06/25/2024 2,400.00 TOTAL PAYMENTS: $497,258.24 Bi - Weekly (Page 57)06/21/2024 471,886.68$ SUB-TOTAL: 471,886.68$ TOTAL DISBURSEMENTS: 3,118,950.06$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, July 9, 2024 PAYROLL 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: The packet material was not complete at the time of packet creation. It will be distributed via a supplemental packet prior to or at the City Council meeting. 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 2024-47 Downtown Grant Plans (FS Property) City Council – May 28, 2024 CC – 5/28/24 Ordinance was passed authorizing the acquisition of real estate, and the purchase agreement of the FS property was approved. CC 2024-47 Majority Approval 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: 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 2024-54 TRG Venture Two, LLC - Whispering Meadows Settlement Agreement City Council – July 9, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Approval of a settlement agreement with TRG Venture Two, LLC related to litigation pending involving the Whispering Meadows infrastructure. Background The City filed lawsuits against Fidelity and Deposit Company of Maryland, TRG Venture Two, LLC and William Ryan Homes seeking completion of subdivision infrastructure left unfinished by Kimball Hill and the subsequent landowners. Due to various rulings by the Court, this litigation proceeded in different stages. The City settled claims with Fidelity and Deposit Company of Maryland in 2018. In that settlement agreement, Fidelity agreed to pay the City $800,000. The funds were used to repair and repave many of the Whispering Meadows streets. Some public improvements remain unfinished, and the lawsuit against TRG Venture Two, LLC and William Ryan Homes has continued. After previous failed attempts at settlement, TRG Venture Two, LLC and the City reopened discussions. The results of those discussions is attached in the proposed Settlement Agreement. In general, TRG Venture Two, LLC is agreeing to pay $760,000 to the City and will deed the 15- acre property in Unit 4 to the School District in exchange for the following: i. City waiving enforcement of the completion of the remaining public improvements by TRG or successor builders (excepting sidewalks and parkway trees adjacent to the TRG Lots); ii. City completing Faxon Road by November 1, 2024; and iii. City reducing various permit fees on new home construction by the amount of $3,050.00. The parties agree to release each other of their claims and dismiss their pending claims against each other. Recommendation Staff recommends approval of the settlement agreement. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: July 3, 2024 Subject: Settlement agreement with TRG Venture Two, LLC 1 RELEASE AND SETTLEMENT AGREEMENT This RELEASE AND SETTLEMENT AGREEMENT (“Settlement Agreement”) is dated as of the ____ day of ________, 2024, and is between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation (“Yorkville” or “the City”) and TRG VENTURE TWO, LLC, a Delaware limited liability company (“TRG”). Recitals 1. WHEREAS, on August 12, 2003, the City entered into an Annexation Agreement (“Annexation Agreement”) with the Owners and with Kimball Hill Homes (“KH”), the Developer. The Annexation Agreement was recorded on October 1, 2003 with the Kendall County Recorder as Document No. 20030035509. Pursuant to Section 22(H), the Annexation Agreement was to be in full force and effect for a period of twenty years from the date of execution. 2. WHEREAS, the subject of the Annexation Agreement was certain real property owned or controlled by KH (the “Property”). 3. WHEREAS, the Property was annexed to the City pursuant to the provisions of the Annexation Agreement. 4. WHEREAS, as contemplated by the Annexation Agreement, KH commenced development of the Subdivision with a proposed 450-lot single family residential subdivision known as Whispering Meadows Subdivision (the “Subdivision”). The Subdivision is divided into four neighborhoods, known as Unit 1, Unit 2, Unit 3 and Unit 4. Final plats of the Subdivision for Unit 1, Unit 2 and Unit 4 have been recorded. The final plat of the Subdivision for Unit 3 has not been recorded. 5. WHEREAS, pursuant to the Annexation Agreement, KH was required to grade the property, complete certain public parks and trails, and install certain public improvements in the Subdivision, including, but not limited to, sanitary sewer and water facilities, roadway, sidewalks, culverts, storm sewer systems, storm water detention facilities, sidewalks and parkway landscaping (“Bonded Improvements”). 6. WHEREAS, pursuant to the Annexation Agreement and in order to secure the performance of its obligations, KH posted certain subdivision performance bonds (the “Bonds”) to secure installation of the Bonded Improvements. Specifically, Fidelity and Deposit Company of Maryland (“F&D”) issued the subdivision performance bonds, to secure installation of certain of the Public Improvements in Unit 1, Unit 2 and Unit 4 (“F&D Bond(s)” or “Bond(s)”). The following subdivision Bonds were provided to Yorkville for Units 1, 2 and 4 of the Subdivision: a. Bond No. 08780402 executed on February in the penal sum of $2,521,235.09 for earthwork, underground improvements and paving in Unit 1, the penal sum of which was reduced to $428,235.43 on or about August 15, 2007; 2 b. Bond No. 08778950 in the penal sum of $646,093.44 for landscaping in Unit 1, the penal sum of which was reduced to $142,563.44 on or about August 15, 2007; c. Bond No. 08780401 in the penal sum of $3,162,992.03, for earthwork, underground improvements and paving in Unit 2, the penal sum of which was reduced to $717,347.37 on or about August 15, 2007; d. Bond No. 08780403 in the penal sum of $252,641.40, for landscaping in Unit 2, the penal sum of which was reduced to $121,727.22 on or about August 15, 2007; e. Bond No. 08825607 in the penal sum of $2,947,427.87 for sanitary sewers, water main, storm sewers, and miscellaneous improvements in Unit 4, the penal sum of which was reduced to $632,599.56 on or about August 15, 2007; and f. Bond No. 08825608 in the penal sum of $313,727.70 for landscape improvements in Unit 4, the penal sum of which was reduced to $232,443.71 on or about August 15, 2007. 7. WHEREAS, pursuant to the Annexation Agreement, KH was required to pay certain impact fees, fees in lieu of land donations, annexation fees, municipal consultants’ fees, connection fees and other fees (“Fees”) and to make certain land donations (“Donations”) to the City and other units of government in connection with development of the Subdivision and single- family residences therein. 8. WHEREAS, KH did not complete all of the Bonded Improvements 9. WHEREAS, on April 23, 2008, KH and its various subsidiary and parent companies filed for Chapter 11 protection with the United States Bankruptcy Court for the Northern District of Illinois in Case No. 08-bk-10095 (“Bankruptcy Case”). 10. WHEREAS, on March 12, 2009, the Bankruptcy Court entered the Confirmation Order, which confirmed the Joint Plan of Kimball Hill, Inc. and Its Debtor Subsidiaries Pursuant to Chapter 11 of the United States Bankruptcy Code (the “Joint Plan”). 11. WHEREAS, by special warranty deed dated April 30, 2010 and recorded on May 24, 2010 with the Kendall County Recorder of Deeds as document number 20100009159, the KH liquidation trust conveyed to TRG lots 3, 4, 5, 6 and 39 in Unit 1 of the property in question, lots 60, 63, 64, 75, 76, 77, 78, 79, 135 and 170 in Unit 2, lots 192 through 201 (both inclusive), lots 204 through 208 (both inclusive), lots 211, 212, 214, 215, 216, 217, 220, 222, 253, 256, 257, 259, 260 and 265, lots 278 through 282 (both inclusive), lots 284 through 297 (both inclusive) and lot 301 in Unit 4 (“TRG Lots”). 12. WHEREAS, Yorkville declared Kimball Hill in default of its obligations under the Annexation Agreement to install improvements in the Subdivision and made demand upon F&D under the Bonds. 13. WHEREAS, F&D denied the demands of Yorkville. 3 14. WHEREAS, subsequent to TRG’s acquisition of the TRG Lots, the City requested that TRG complete the Bonded Improvements. 15. WHEREAS, on May 5, 2011, Yorkville filed suit in the Circuit Court of Kendall County against F&D, entitled, United City of Yorkville v Fidelity and Deposit Company of Maryland, No. 2011 L 0030 (“2011 Lawsuit”) seeking recovery on the Unit 1 Bonds and the Unit 2 Bonds. 16. WHEREAS, on October 26, 2011, F&D filed a Third-Party Complaint against TRG in the 2011 Lawsuit. 17. WHEREAS, on June 27, 2013, Yorkville filed its Amended Complaint adding TRG as a direct defendant in the 2011 Lawsuit. 18. WHEREAS, on January 14, 2014, the Court granted TRG’s Motion to Dismiss Yorkville’s Amended Complaint against TRG in the 2011 Lawsuit. 19. WHEREAS, on May 2, 2014, Yorkville filed suit in the Circuit Court of Kendall County against F&D, entitled, United City of Yorkville v Fidelity and Deposit Company of Maryland, No. 2014 MR 90 (“2014 Lawsuit”) seeking recovery on the Unit 4 Bonds (the 2011 Lawsuit and the 2014 Lawsuit shall be collectively referred to as the “Lawsuits.”) 20. WHEREAS, on November 17, 2014, F&D filed a Third-Party Complaint against TRG in the 2014 Lawsuit. 21. WHEREAS, on January 15, 2015, Yorkville filed an Amended Complaint adding TRG as a direct defendant in the 2014 Lawsuit. 22. WHEREAS, on April 28, 2015, TRG’s Motions to dismiss F&D’s Third-Party Complaint, and Yorkville’s Amended Complaint in the 2014 Lawsuit were granted. 23. WHEREAS, on July 18, 2016, TRG filed a Motion to Enforce the Confirmation Order against F&D (“Motion to Enforce”) in the Bankruptcy Case seeking, among other things, to compel dismissal of all state court actions brought by F&D, relating to the F&D Bonds, and Bonded Improvements. 24. WHEREAS, on March 20, 2017, the Bankruptcy Court granted TRG’s Motion to Enforce and found F&D in contempt for bringing state court actions against TRG in violation of the Joint Plan. The Bankruptcy Court ordered F&D to dismiss all state court actions against TRG. F&D did not appeal dismissal of its Third-Party claims against TRG in the Lawsuits. 25. WHEREAS, on February 28, 2018, the City and F&D entered into a Settlement Agreement pursuant to which F&D agreed to pay $800,000 to the City as resolution of “all of Yorkville's claims against F&D that either were brought or could have been brought against F&D in the Lawsuits, including, without limitations, the claims brought for breach of each of the,” F&D Bonds (“F&D Settlement Agreement”). 4 26. WHEREAS, on March 1, 2018, Agreed Orders of Dismissal were entered in the Lawsuits dismissing Yorkville’s claims against F&D with prejudice pursuant to the terms of the F&D Settlement Agreement. 27. WHEREAS, Yorkville appealed the dismissal of its claims against TRG to the Appellate Court of Illinois, Second District. The Appellate Court reversed the dismissal of Yorkville’s claims against TRG in the Lawsuits on November 7, 2019. The Lawsuits were remanded to the Sixteenth Judicial Circuit, Kendall County and reinstated on November 22, 2019 for further proceedings on Yorkville’s claims against TRG in the Lawsuits. 28. WHEREAS, on November 23, 2020, TRG filed its Answer and Affirmative Defenses to Yorkville’s Complaints in the Lawsuits, and Counterclaims against Yorkville and F&D (“TRG Counterclaims”) seeking, among other things, a declaration that the F&D Settlement Agreement was void ab initio. 29. WHEREAS, on April 6, 2021, the Court denied Yorkville and F&D’s Motions to Dismiss the TRG Counterclaims. 30. WHEREAS, TRG intends to sell the TRG Lots to one or more homebuilders (“Builder(s)”). These Builders shall be considered successors of TRG for purposes of this Settlement Agreement. 31. WHEREAS, in accordance with the powers granted by the Constitution of the State of Illinois and by the statutes and laws of the State of Illinois to the City as a non-home rule municipal corporation organized and existing under the laws of the State of Illinois, the Parties hereto wish to enter into and bind themselves to this Settlement Agreement with respect to the TRG Lots and to provide for various other matters related directly or indirectly to the development of the TRG Lots, including full and final settlement of all claims the City alleged and could have alleged against TRG relating to the TRG Lots in the Lawsuits including, without limitation, under the Annexation Agreement, and all claims TRG alleged and could have alleged against the City relating to the F&D Settlement Agreement and the Annexation Agreement. 32. WHEREAS, Yorkville intends to continue to pursue and does not waive or release any claims it has or may have against William Ryan Homes (“WRH”) as stated in the Lawsuits. 35. WHEREAS, all notices, publications, procedures, public hearings and other matters attendant to the consideration and approval of this Settlement Agreement have been given, made, held and performed by the City to the extent that any are required by the Municipal Code and all other applicable statutes, and all applicable ordinances, regulations and procedures of the City. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the City and TRG agree as follows: Section 1. Incorporation of Recitals and Effect of Agreement. The above recitals are incorporated as part of this Settlement Agreement as though fully set forth herein. 5 Section 2. Payment Within 30 days of the execution of this Settlement Agreement, TRG shall pay Yorkville the sum of SEVEN HUNDRED SIXTY THOUSAND AND 0/100 DOLLARS ($760,000.00) (“Payment”) in full and final resolution of Yorkville’s claims against TRG (subject to the terms and conditions set forth in this Settlement Agreement) that either were brought or could have been brought in the Lawsuits, including, without limitations, any claims relating to or arising out of the Annexation Agreement. Section 3. Release Yorkville Release. In consideration of and effective upon the receipt by counsel for Yorkville of the Payment, Yorkville for itself and any other persons or entities claiming through Yorkville (collectively, “Yorkville Releasors”) hereby completely, fully and finally releases, remises, acquits and forever discharges TRG and its affiliates, subsidiaries, successors, assigns, reinsurers, employees, agents, representatives, attorneys, consultants, contractors, officers, directors, and shareholders (collectively, “TRG Released Parties”), jointly and severally, from all manner of liability, loss, damages, expenses, including, without limitation, attorneys' fees, claims, bad faith claims, liens, rights of action, causes of action, assessments, fines, levies, and/or demands, of any nature, whether in law or equity, known or unknown, which any of the Yorkville Releasors has had, now has or may have against the TRG Released Parties arising out of, related to and/or concerning the TRG Lots, the Subdivision, the Annexation Agreement, and any and all claims that have been asserted or could be asserted in the Lawsuits by Yorkville against TRG. The foregoing is a release by the Yorkville Releasors of the TRG Released Parties only. Yorkville reserves and does not waive or release any claims, demands or rights that each has or may have against WRH. TRG Release. In consideration for the good and valuable consideration set forth herein, TRG for itself and any other persons or entities claiming through TRG (collectively, “TRG Releasors”) hereby completely, fully and finally releases, remises, acquits and forever discharges Yorkville and its affiliates, subsidiaries, successors, assigns, reinsurers, employees, agents, representatives, attorneys, consultants, contractors, officers, directors, and shareholders (collectively, “Yorkville Released Parties”), jointly and severally, from all manner of liability, loss, damages, expenses, including, without limitation, attorneys' fees, claims, bad faith claims, liens, rights of action, causes of action, assessments, fines, levies, and/or demands, of any nature, whether in law or equity, known or unknown, which any of the TRG Releasors has had, now has or may have against the Yorkville Released Parties arising out of, related to and/or concerning the F&D Settlement Agreement, the TRG Lots, the Subdivision, the Annexation Agreement, and any and all claims that have been asserted or could be asserted in the Lawsuits by TRG against Yorkville. Section 4. Remaining Public Improvements. A. The City agrees that TRG and its successors will be waived from any and all public improvement obligations of the Subdivision, except for parkway trees and sidewalks adjacent to the TRG Lots. Specifically, TRG and its successors will be waived from completing and/or paying 6 for the costs of those public improvements identified in the most recent punchlist prepared by the City, which is attached and incorporated herein as Exhibit A, except that the parkway trees and sidewalks adjacent to TRG Lots are excluded from this waiver. B. The City agrees that it shall complete Faxon Road no later than November 1, 2024 C. Except as described in Subparagraphs E and F, the City agrees that it shall not: (i) file any legal claims against TRG, its successors, the Builder(s), for reimbursement of the cost of installation of any public improvement in the Subdivision as described in Subparagraph A; (ii) place or record any liens for the cost or part thereof of installation of the public improvements described in Subparagraph A on or against any TRG Lots; or (iii) condition the issuance of any permits necessary for construction on the TRG Lots on reimbursement of such costs for public improvements as described in Subparagraph A by TRG, its successors, or the Builder(s). D. The City agrees that it shall not file any legal claims against owners of homes on TRG Lots (“Homeowners”) or owners who have purchased TRG Lots (“Lot Owners”) for reimbursement of the cost of installation of the Public Improvements. The City on behalf of itself and its successors and assigns, hereby covenants not to sue and hereby waives all rights of direct action, contribution, indemnity, and unjust enrichment they presently have, or may have in the future, against any third-party for the cost or performance of any Public Improvements adjacent to, involving or related to the TRG Lots. This shall specifically exclude the City’s claims now pending against Willliam Ryan Homes (“WRH”), which are not released by this Settlement Agreement. TRG on behalf of itself and its successors and assigns, hereby covenants not to sue and hereby waives all rights of contribution, indemnity, and unjust enrichment they presently have, or may have in the future, against the existing owners of residential lots identified in the Subdivision that are not TRG Lots and on which residences have been completed (“Existing Homeowners”). E. The Builder(s) shall be responsible for installation of the following Remaining Public Improvements: sidewalks and parkway landscaping abutting the TRG Lots (“Parkway Improvements”), and for repair of damage caused, if any, to previously completed Public Improvements by the Builder(s)’ operations. The City shall issue a certificate of occupancy for each TRG Lot in accordance with the City building department’s regulations, policies, and procedures upon the completion of the abutting Parkway Improvements. Nothing in this Settlement Agreement shall be deemed a waiver or release of any claims against Builder(s) relating to their responsibility for installation of Parkway Improvements as described herein, and/or for repair of damage caused, if any, to previously completed Public Improvements caused by the Builder(s)’ operations. F. Nothing in this Settlement Agreement shall preclude the City from otherwise enforcing its ordinances as they apply to the TRG Lots. By way of example only, the City shall still be entitled to enforce property maintenance ordinances, lien a TRG Lot in the event that TRG or its successor fails to complete permitted work, or pursue a successor that fails to pay any amounts due to the City (excepting the public improvement costs) (e.g. water bills). 7 Section 5. Indemnification. The Yorkville Releasors acknowledge and agree that this Settlement Agreement is intended to, and the Yorkville Releasors represent and warrant that it does, dispose of all liability of the TRG Released Parties arising out of, related to and/or concerning the TRG Lots, the Subdivision, the Annexation Agreement, and any and all claims that have been asserted or could be asserted in the Lawsuits by Yorkville against TRG. The Yorkville Releasors agree to defend, indemnify, and hold harmless the TRG Released Parties against all claims brought by a third-party arising out of or relating to a breach of this Settlement Agreement by Yorkville. This shall specifically exclude any prior claims brought against the TRG Released Parties by F&D. Section 6. Fees and Donations. A. Except for the Fees and Donations listed and enumerated on Exhibit B, attached hereto and made a part hereof, or as may otherwise be set forth herein, The City agrees to reduce impact fees by $3,050 as set forth in Exhibit B. This reduction in impact fees will not freeze the water connection fee set forth in Exhibit B; however, TRG, its successors or Builder(s) may prepay the water connection fee at any time and lock in the then existing current rate. The City agrees that the Fees and Donations identified in Exhibit B are the fees to be paid by TRG and the Builders, but the City reserves the right to change or add fees as long as the fee changes or additions are equally applied to all lots and/or developers within the City. B. Exhibit B reflects a credit against the Fees and Donations in the amount of the fees and donations paid or prepaid by KH for the Covered TRG Lots under the Annexation Agreement. C. The City states that, to the best of its knowledge, there are no recapture fees required to be paid by TRG or the Builder(s) in connection with development of the TRG Lots. D. TRG shall deed the 15-acre property in Unit 4, described in Exhibit C, to Yorkville School District 115 within thirty (30) days from final approval of the Settlement Agreement by both parties. TRG shall receive a land/cash value credit as set forth in Exhibit B for this donation. Section 7. Architecture. If the Builder(s) submit(s) architectural plans and elevations that are in substantial conformance with the quality of the designs and building materials approved by the City pursuant to the Annexation Agreement and the City' s then existing procedures and standards for such approval, the City’s Staff shall have the authority to, and shall approve, such architectural plans and elevations submitted by the Builder(s). The City shall have the final authority to determine whether said plans, elevations and materials are in substantial conformance with prior approvals. Section 8. Enforcement. The City and TRG agree that each party shall have the right to enforce this Settlement Agreement in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. However, prior to commencing such action, each party shall give the alleged breaching party ten (10) days 8 written notice of any non-compliance alleged to constitute a violation of this Settlement Agreement. The alleged breaching party shall have the right to correct such violation within the ten (10)-day period or within such time as the parties may agree in writing, or if such violation cannot be reasonably remedied within the ten (10)-day period, then so long as such party is continuously and diligently pursuing the remedy necessary to cure the alleged violation, such party shall have such additional time as shall be reasonably necessary to remedy such violation. If the violation is not corrected by the alleged breaching party to the satisfaction of the complaining party, the complaining party may seek any and all appropriate relief by an action at law or equity, including, without limitation, specific performance and, if successful, shall be entitled to reasonable attorneys’ fees. Section 9. General Provisions. A. Notice. Any notice or communication required or permitted to be given under this Settlement Agreement shall be in writing and shall be delivered (i), personally, (ii) by a reputable overnight courier, or (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Settlement Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the City shall be addressed to, and delivered at, the following address: City Administrator United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 With a copy to: Thomas G. Gardiner Gardiner Koch Weisberg & Wrona 121 West Wacker Drive Suite 3600 Chicago, IL 60601 Notices and communications to TRG shall be addressed to, and delivered at, the following address: Peter Kyte TRG Venture Two, LLC c/o The Roanoke Group 22 E. Scranton Ave. 9 Lake Bluff, IL 60044 With a copy to: Michael P. Turiello Costello Ginex & Wideikis, P.C. 150 N. Wacker Drive Suite 1400 Chicago, IL 60606 B. Time of the Essence. Time is of the essence in the performance of all terms and provisions of this Settlement Agreement. C. Dismissal of the Lawsuits. Yorkville shall dismiss all claims against TRG in the Lawsuits, and TRG shall dismiss the TRG Counterclaims against Yorkville with prejudice within fourteen (14) days of execution of this Settlement Agreement, or approval of the Settlement Agreement by the Yorkville City Council, whichever is later. D. Court Retains Jurisdiction. The Circuit Court of the Sixteenth Judicial Circuit, Kendall County shall retain jurisdiction to enforce the terms of this Settlement Agreement. E. Fidelity Release and Resolution of Claims. This Settlement Agreement is contingent upon TRG coming to a final agreement regarding its claims against F&D at no cost to Yorkville within thirty (30) days of execution of the Settlement Agreement. As a part of any settlement agreement between TRG and F&D, F&D will release Yorkville from any potential claims it may have against Yorkville. F. Rights Cumulative. Unless expressly provided to the contrary in this Settlement Agreement, each and every one of the rights, remedies, and benefits provided by this Settlement Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. G. Non-Waiver. The parties shall be under no obligation to exercise any of the rights granted to them in this Settlement Agreement. The failure of either of the parties to exercise at any time any such right shall not be deemed or construed to be a waiver thereof, nor shall such failure void or affect such party’s right to enforce such right or any other right. H. Governing Law. This Settlement Agreement is entered into pursuant to and shall be governed by, and enforced in accordance with, the internal laws of the State of Illinois. Any legal proceedings of any kind arising from this Settlement Agreement shall be filed in the Circuit Court for the Sixteenth Judicial Circuit, Kendall County, Illinois. I. Severability. If any term, covenant, condition or provision of this Settlement Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the entire remainder of this Settlement Agreement shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Settlement Agreement to the greatest extent permitted by law. 10 J. Expiration of Annexation Agreement. The Parties agree that the Annexation Agreement expired on July 9, 2023 and no longer has any force and effect with regard to the TRG Lots, and/or any and all alleged or actual claims, rights and interests thereunder. K. Amendments and Modifications. No amendment or modification to this Settlement Agreement shall be effective unless and until it is reduced to writing and approved and executed by the City and TRG, or Builder(s) as the case may be, in accordance with all applicable statutory procedures. The Parties hereto agree that: (1) approval of the owners of lots in the Subdivision that are not Covered TRG Lots shall not be required to amend this Settlement Agreement; and (2) this Settlement Agreement may be amended with the consent of only the City and the owner of any Covered TRG Lot(s) as to that/those Lot(s). L. Third Party Beneficiaries. The City and TRG agree that the Builder(s) are intended to be and are third party beneficiaries under this Settlement Agreement. M. Entire Agreement. This Settlement Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and supersedes all previous written or oral representations, agreements, and understandings between the parties, whether expressed or implied. N. Counterparts. This Settlement Agreement may be executed in counterparts, each of which shall constitute an original document, which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be executed by their duly authorized officials and officers and the City has affixed its corporate seal on the date first above written. UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: Mayor ATTEST: __________________________ City Clerk 11 TRG VENTURE TWO, LLC, a Delaware limited liability company By: Name: Its: Manager 12 STATE OF ILLINOIS ) ) SS COUNTY OF _____________ ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that ________________ and ______________, personally known by me to be the __________ and _______________of TRG Venture Two, LLC, a Delaware limited liability company, and who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such ______________ and _______________, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _____ day of __________, _______. _______________________________ Notary Public STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that _________________ and _________________, personally known by me to be the Mayor and Clerk of the United City of Yorkville, an Illinois municipal corporation, and who are personally known to me to be the same persons whose names are subscribed to the foregoing instruments as such Mayor and Clerk, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth; and the said Clerk then and there acknowledged that: as custodian of the records of the City, did affix the corporate seal of said City to said instrument as his own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _____ day of ________________. _____________________________ Notary Public JOB NO: PREPARED BY: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 LB 10,340 0.30$ 3,102.00$ 2 SY 0 1.80$ -$ 3 SY 15,350 3.00$ 46,050.00$ 4 SY 255 15.00$ 3,825.00$ 5 TON 1,350 75.00$ 101,250.00$ 6 TON 2,225 70.00$ 155,750.00$ 7 CY 0 30.00$ -$ 8 CY 0 38.00$ -$ 9 SY 0 1.50$ -$ 10 SF 3,525 8.00$ 28,200.00$ 11 SF 0 30.00$ -$ 12 LF 374 35.00$ 13,090.00$ 13 EA 0 50.00$ -$ 14 EA 0 100.00$ -$ 15 LF 7,480 0.70$ 5,236.00$ 16 LF 0 2.25$ -$ 17 LF 0 10.00$ -$ 18 EA 0 450.00$ -$ 19 EA 0 550.00$ -$ 20 EA 0 450.00$ -$ 21 EA 0 1,450.00$ -$ 22 EA 0 750.00$ -$ 23 LS 0.00 4,000.00$ -$ 24 EA 0 575.00$ -$ 25 EA 0 1,000.00$ -$ 26 EA 0 825.00$ -$ 27 EA 0 775.00$ -$ 28 EA 0 825.00$ -$ 29 EA 0 350.00$ -$ 30 EA 0 1,000.00$ -$ 31 EA 0 725.00$ -$ 32 EA 0 250.00$ -$ 33 LS 0 7,500.00$ -$ 34 LF 0 2.00$ -$ 35 EA 5 625.00$ 3,125.00$ 36 EA 0 400.00$ -$ 37 EA 6 525.00$ 3,150.00$ 38 EA 5 400.00$ 2,000.00$ 39 EA 0 1,025.00$ -$ 40 EA 0 450.00$ -$ 41 EA 0 500.00$ -$ 42 EA 0 450.00$ -$ 43 EA 0 200.00$ -$ 44 EA 0 600.00$ -$ 45 SY 111 100.00$ 11,100.00$ 46 EA 0 250.00$ -$ 47 EA 0 100.00$ -$ 48 EA 0 850.00$ -$ 49 EA 0 925.00$ -$ 50 EA 85 250.00$ 21,250.00$ 51 EA 1 1,750.00$ 1,750.00$ 52 EA 0 120.00$ -$ 53 EA 0 45.00$ -$ 54 EA 0 2,500.00$ -$ 55 LF 0 400.00$ -$ 56 LF 0 10.00$ -$ 57 LS 0 8,500.00$ -$ 58 LF 0 75.00$ -$ 59 EA 0 2,250.00$ -$ 60 EA 0 1,500.00$ -$ 61 EA 0 2,250.00$ -$ 62 EA 0 300.00$ -$ 63 LF 0 60.00$ -$ 64 LF 7,285 4.50$ 32,782.50$ 65 LS 0 10,000.00$ -$ 66 EA 0 400.00$ -$ 67 EA 0 500.00$ -$ 68 EA 0 400.00$ -$ 69 EA 0 400.00$ -$ 70 EA 0 400.00$ -$ 71 EA 0 250.00$ -$ 72 EA 0 10,000.00$ -$ 73 EA 0 350.00$ -$ 74 EA 0 700.00$ -$ 75 EA 0 250.00$ -$ 76 EA 0 550.00$ -$ 77 EA 0 1,700.00$ -$ 78 EA 0 1,750.00$ -$ 79 EA 0 700.00$ -$ 80 EA 0 2,250.00$ -$ 81 EA 0 250.00$ -$ 82 EA 0 275.00$ -$ 83 EA 7 775.00$ 5,425.00$ 84 EA 57 700.00$ 39,900.00$ 85 EA 0 85.00$ -$ 86 EA 0 40.00$ -$ 87 EA 0 6.50$ -$ 88 LS 0 40,200.00$ -$ 89 LS 0 63,200.00$ -$ 90 LS 0 14,350.00$ -$ 91 LS 1 91,800.00$ 91,800.00$ 92 LS 1 1,725.00$ 1,725.00$ 93 LS 0.43 68,900.00$ 29,627.00$ 94 LS 1 60,000.00$ 60,000.00$ 95 TON 179 23.00$ 4,117.00$ 96 SF 13,600 8.00$ 108,800.00$ 97 EA 5 835.00$ 4,175.00$ 777,229.50$ TREE INSTALL ON UNDEVELOPED LOTS TOTAL CONSTRUCTION COST G:\Public\Yorkville\2018\YO1820-C Whispering Meadows-TRG\Eng\[Remaining Work - Per Unit 2022-02-04 - City.xlsx]Bid - Unit 4 BASIN MONITORING, MAINTENANCE & REPAIR BASIN LANDSCAPING REPLACE TREES & SHRUBS IN REAR YARDS GAZEBO INSTALLATION SUB GRANULAR MATERIAL, TYPE B PCC SIDEWALK 5 INCH, SPEC SHRUB INSTALLATION ORNAMENTAL GRASS INSTALL INSTALL EMERGENT PLUGS ALONG POND BOTTOM (ENCAP) NON-NATIVE WOODY SPECIES REMOVAL (ENCAP) HERBICIDE APP. TO NON-NATIVE HERB SPECIES (ENCAP) PRESCRIBED BURN ON SLOPES (ENCAP) ROTATE FIRE HYDRANT RESET FIRE HYDRANT - LEANING BACKFILL AROUND FIRE HYDRANT REPAINT FIRE HYDRANT TREE REMOVAL AND REPLACEMENT TREE INSTALLATION ADJ AUX VB TO GRADE - WATER REALIGN AUX VB - WATER CLEAN AUX VB OF DEBRIS - WATER REM & REPL BROKEN B-BOX RAISE FIRE HYDRANT TO GRADE LOWER FIRE HYDRANT TO GRADE LOCATE & ADJ STRUCT - VALVE VAULT STRUCTURE ADJUST - VALVE VAULT RESET FR & ADJ RINGS - VALVE VAULT RESET FRAME - VALVE VAULT CLEAN STRUCTURE - VALVE VAULT REPLACE BROKEN AUX VB - WATER CONNECT TO EX STORM SEWER (CORE DRILL) REMOVE EXISTING 18" FES STORM SEWER REMOVAL 18" TELEVISING - STORM TOPSOIL STRIP, STOCKPILE, & REPLACEMENT REPLACE ADJ RINGS - VALVE VAULT REMOVE & REPLACE STORM SEWER, 12" CLEAN STORM SEWER DET. BASIN OVERFLOW WEIR INSTALL STORM SEWER CL A 1 18" MANHOLE TA 4' DIA T1F CL 18" FES W/ GRATE PIPE GROUTING - STORM CLEAN STRUCTURE - STORM CLEAN OULTET STRUCTURE - STORM MORTAR FILLETS REMOVE FILTER BASKET/FABRIC ADJ. STORM RESTRICTOR STRUCTURE STEP INSTALLATION - STORM FLARED END SECTION GRATE, 24" FLARED END SECTION RIP RAP BACKFILL SINKHOLE - STORM PATCH LIFT HOLE IN STRUCT - STORM RESET BARREL SECT - STORM RESET FR & ADJ RINGS - STORM RESET FRAME - STORM MH FR & LID REPLACEMENT- STORM REPLACE ADJ RINGS - STORM REPL MH OPEN LID - STORM REPOUR BENCH - STORM PIPE GROUTING - SANITARY CLEAN STRUCTURE - SANITARY MANDREL TESTING - SANITARY TELEVISING - SANITARY LOCATE & ADJ STRUCTURE - STORM STRUCTURE ADJ - STORM LOCATE & ADJ STRUCTURE- SANITARY RESET FR & ADJ RINGS - SANITARY RESET FRAME - SANITARY STRUCTURE ADJ - SANITARY REPLACE CHIMNEY SEAL MH FR & LID REPLACEMENT- SANITARY DIVIDED ROAD SIGN INSTALLATION HANDICAP SIGN REPLACEMENT REALIGN STREET LIGHTS BACKFILL AROUND STREET LIGHTS 48-HOUR BURN TEST MH LID REPLACEMENT - SANITARY SAWCUT AND CAULKING CRACKED CC&G EPOXY PATCH CURB HEAD CRACK SEALING (CURBS) THERMOPLASTIC PAVMNT MARKING - 6" THERMOPLASTIC PAVMNT MARKING - 24" YIELD SIGN INSTALLATION REM AND DISP OF UNSUITABLE MATL AGG SUBGRADE IMPROVEMENT GEOTECH FAB F/ GR STAB PCC SIDEWALK REM & REPL DETECTABLE WARNINGS COMB CC&G REM & REPL BIT MATERIALS (PRIME COAT) HMA SURFACE REMOVAL, 1.5" HMA SURFACE REMOVAL, 2.5" HMA SURF REM - BUTT JOINT HMA SURF CSE, MIX "D", N50 HMA BINDER COURSE, IL-19.0, N50 YO1820-C NLS/BPS February 4, 2022 WHISPERING MEADOWS - COMPLETION OF IMPROVEMENTS Summary of Remaining Construction Costs - Unit 1 ITEM EXHIBIT A JOB NO: PREPARED BY: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 LB 0 0.30$ -$ 2 SY 0 1.80$ -$ 3 SY 0 3.00$ -$ 4 SY 0 15.00$ -$ 5 TON 0 75.00$ -$ 6 TON 0 70.00$ -$ 7 CY 0 30.00$ -$ 8 CY 0 38.00$ -$ 9 SY 0 1.50$ -$ 10 SF 10,650 8.00$ 85,200.00$ 11 SF 0 30.00$ -$ 12 LF 0 35.00$ -$ 13 EA 0 50.00$ -$ 14 EA 0 100.00$ -$ 15 LF 0 0.70$ -$ 16 LF 0 2.25$ -$ 17 LF 0 10.00$ -$ 18 EA 0 450.00$ -$ 19 EA 0 550.00$ -$ 20 EA 0 450.00$ -$ 21 EA 0 1,450.00$ -$ 22 EA 0 750.00$ -$ 23 LS 0.00 4,000.00$ -$ 24 EA 0 575.00$ -$ 25 EA 0 1,000.00$ -$ 26 EA 0 825.00$ -$ 27 EA 0 775.00$ -$ 28 EA 0 825.00$ -$ 29 EA 0 350.00$ -$ 30 EA 0 1,000.00$ -$ 31 EA 0 725.00$ -$ 32 EA 0 250.00$ -$ 33 LS 0 7,500.00$ -$ 34 LF 0 2.00$ -$ 35 EA 8 625.00$ 5,000.00$ 36 EA 0 400.00$ -$ 37 EA 0 525.00$ -$ 38 EA 17 400.00$ 6,800.00$ 39 EA 0 1,025.00$ -$ 40 EA 0 450.00$ -$ 41 EA 0 500.00$ -$ 42 EA 0 450.00$ -$ 43 EA 0 200.00$ -$ 44 EA 0 600.00$ -$ 45 SY 52 100.00$ 5,200.00$ 46 EA 0 250.00$ -$ 47 EA 0 100.00$ -$ 48 EA 0 850.00$ -$ 49 EA 1 925.00$ 925.00$ 50 EA 203 250.00$ 50,750.00$ 51 EA 0 1,750.00$ -$ 52 EA 0 120.00$ -$ 53 EA 27 45.00$ 1,215.00$ 54 EA 0 2,500.00$ -$ 55 LF 0 400.00$ -$ 56 LF 0 10.00$ -$ 57 LS 0 8,500.00$ -$ 58 LF 0 75.00$ -$ 59 EA 0 2,250.00$ -$ 60 EA 0 1,500.00$ -$ 61 EA 0 2,250.00$ -$ 62 EA 0 300.00$ -$ 63 LF 0 60.00$ -$ 64 LF 11,970 4.50$ 53,865.00$ 65 LS 0 10,000.00$ -$ 66 EA 0 400.00$ -$ 67 EA 0 500.00$ -$ 68 EA 0 400.00$ -$ 69 EA 0 400.00$ -$ 70 EA 0 400.00$ -$ 71 EA 0 250.00$ -$ 72 EA 0 10,000.00$ -$ 73 EA 0 350.00$ -$ 74 EA 0 700.00$ -$ 75 EA 0 250.00$ -$ 76 EA 0 550.00$ -$ 77 EA 0 1,700.00$ -$ 78 EA 0 1,750.00$ -$ 79 EA 0 700.00$ -$ 80 EA 0 2,250.00$ -$ 81 EA 0 250.00$ -$ 82 EA 0 275.00$ -$ 83 EA 30 775.00$ 23,250.00$ 84 EA 44 700.00$ 30,800.00$ 85 EA 0 85.00$ -$ 86 EA 0 40.00$ -$ 87 EA 0 6.50$ -$ 88 LS 0 40,200.00$ -$ 89 LS 0 63,200.00$ -$ 90 LS 0 14,350.00$ -$ 91 LS 0 91,800.00$ -$ 92 LS 0 1,725.00$ -$ 93 LS 0.43 68,900.00$ 29,627.00$ 94 LS 0 57,400.00$ -$ 95 TON 83 23.00$ 1,909.00$ 96 SF 6,300 8.00$ 50,400.00$ 97 EA 12 835.00$ 10,020.00$ 354,961.00$ BIT MATERIALS (PRIME COAT) HMA SURFACE REMOVAL, 1.5" HMA SURFACE REMOVAL, 2.5" HMA SURF REM - BUTT JOINT HMA SURF CSE, MIX "D", N50 HMA BINDER COURSE, IL-19.0, N50 YO1820-C NLS/BPS February 4, 2022 WHISPERING MEADOWS - COMPLETION OF IMPROVEMENTS Summary of Remaining Construction Costs - Unit 2 ITEM SAWCUT AND CAULKING CRACKED CC&G EPOXY PATCH CURB HEAD CRACK SEALING (CURBS) THERMOPLASTIC PAVMNT MARKING - 6" THERMOPLASTIC PAVMNT MARKING - 24" YIELD SIGN INSTALLATION REM AND DISP OF UNSUITABLE MATL AGG SUBGRADE IMPROVEMENT GEOTECH FAB F/ GR STAB PCC SIDEWALK REM & REPL DETECTABLE WARNINGS COMB CC&G REM & REPL LOCATE & ADJ STRUCTURE- SANITARY RESET FR & ADJ RINGS - SANITARY RESET FRAME - SANITARY STRUCTURE ADJ - SANITARY REPLACE CHIMNEY SEAL MH FR & LID REPLACEMENT- SANITARY DIVIDED ROAD SIGN INSTALLATION HANDICAP SIGN REPLACEMENT REALIGN STREET LIGHTS BACKFILL AROUND STREET LIGHTS 48-HOUR BURN TEST MH LID REPLACEMENT - SANITARY RESET FR & ADJ RINGS - STORM RESET FRAME - STORM MH FR & LID REPLACEMENT- STORM REPLACE ADJ RINGS - STORM REPL MH OPEN LID - STORM REPOUR BENCH - STORM PIPE GROUTING - SANITARY CLEAN STRUCTURE - SANITARY MANDREL TESTING - SANITARY TELEVISING - SANITARY LOCATE & ADJ STRUCTURE - STORM STRUCTURE ADJ - STORM PIPE GROUTING - STORM CLEAN STRUCTURE - STORM CLEAN OULTET STRUCTURE - STORM MORTAR FILLETS REMOVE FILTER BASKET/FABRIC ADJ. STORM RESTRICTOR STRUCTURE STEP INSTALLATION - STORM FLARED END SECTION GRATE, 24" FLARED END SECTION RIP RAP BACKFILL SINKHOLE - STORM PATCH LIFT HOLE IN STRUCT - STORM RESET BARREL SECT - STORM CONNECT TO EX STORM SEWER (CORE DRILL) REMOVE EXISTING 18" FES STORM SEWER REMOVAL 18" TELEVISING - STORM TOPSOIL STRIP, STOCKPILE, & REPLACEMENT REPLACE ADJ RINGS - VALVE VAULT REMOVE & REPLACE STORM SEWER, 12" CLEAN STORM SEWER DET. BASIN OVERFLOW WEIR INSTALL STORM SEWER CL A 1 18" MANHOLE TA 4' DIA T1F CL 18" FES W/ GRATE ADJ AUX VB TO GRADE - WATER REALIGN AUX VB - WATER CLEAN AUX VB OF DEBRIS - WATER REM & REPL BROKEN B-BOX RAISE FIRE HYDRANT TO GRADE LOWER FIRE HYDRANT TO GRADE LOCATE & ADJ STRUCT - VALVE VAULT STRUCTURE ADJUST - VALVE VAULT RESET FR & ADJ RINGS - VALVE VAULT RESET FRAME - VALVE VAULT CLEAN STRUCTURE - VALVE VAULT REPLACE BROKEN AUX VB - WATER SHRUB INSTALLATION ORNAMENTAL GRASS INSTALL INSTALL EMERGENT PLUGS ALONG POND BOTTOM (ENCAP) NON-NATIVE WOODY SPECIES REMOVAL (ENCAP) HERBICIDE APP. TO NON-NATIVE HERB SPECIES (ENCAP) PRESCRIBED BURN ON SLOPES (ENCAP) ROTATE FIRE HYDRANT RESET FIRE HYDRANT - LEANING BACKFILL AROUND FIRE HYDRANT REPAINT FIRE HYDRANT TREE REMOVAL AND REPLACEMENT TREE INSTALLATION TREE INSTALL ON UNDEVELOPED LOTS TOTAL CONSTRUCTION COST G:\Public\Yorkville\2018\YO1820-C Whispering Meadows-TRG\Eng\[Remaining Work - Per Unit 2022-02-04 - City.xlsx]Bid - Unit 4 BASIN MONITORING, MAINTENANCE & REPAIR BASIN LANDSCAPING REPLACE TREES & SHRUBS IN REAR YARDS GAZEBO INSTALLATION SUB GRANULAR MATERIAL, TYPE B PCC SIDEWALK 5 INCH, SPEC JOB NO: PREPARED BY: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 LB 0 0.30$ -$ 2 SY 0 1.80$ -$ 3 SY 0 3.00$ -$ 4 SY 0 15.00$ -$ 5 TON 0 75.00$ -$ 6 TON 0 70.00$ -$ 7 CY 0 30.00$ -$ 8 CY 0 38.00$ -$ 9 SY 0 1.50$ -$ 10 SF 3,625 8.00$ 29,000.00$ 11 SF 0 30.00$ -$ 12 LF 0 35.00$ -$ 13 EA 0 50.00$ -$ 14 EA 0 100.00$ -$ 15 LF 0 0.70$ -$ 16 LF 0 2.25$ -$ 17 LF 0 10.00$ -$ 18 EA 0 450.00$ -$ 19 EA 0 550.00$ -$ 20 EA 0 450.00$ -$ 21 EA 0 1,450.00$ -$ 22 EA 0 750.00$ -$ 23 LS 0.00 4,000.00$ -$ 24 EA 0 575.00$ -$ 25 EA 0 1,000.00$ -$ 26 EA 0 825.00$ -$ 27 EA 0 775.00$ -$ 28 EA 0 825.00$ -$ 29 EA 0 350.00$ -$ 30 EA 0 1,000.00$ -$ 31 EA 0 725.00$ -$ 32 EA 0 250.00$ -$ 33 LS 0 7,500.00$ -$ 34 LF 0 2.00$ -$ 35 EA 3 625.00$ 1,875.00$ 36 EA 2 400.00$ 800.00$ 37 EA 4 525.00$ 2,100.00$ 38 EA 6 400.00$ 2,400.00$ 39 EA 0 1,025.00$ -$ 40 EA 7 450.00$ 3,150.00$ 41 EA 2 500.00$ 1,000.00$ 42 EA 4 450.00$ 1,800.00$ 43 EA 14 200.00$ 2,800.00$ 44 EA 1 600.00$ 600.00$ 45 SY 47 100.00$ 4,700.00$ 46 EA 11 250.00$ 2,750.00$ 47 EA 50 100.00$ 5,000.00$ 48 EA 1 850.00$ 850.00$ 49 EA 0 925.00$ -$ 50 EA 130 250.00$ 32,500.00$ 51 EA 0 1,750.00$ -$ 52 EA 0 120.00$ -$ 53 EA 0 45.00$ -$ 54 EA 1 2,500.00$ 2,500.00$ 55 LF 0 400.00$ -$ 56 LF 347 10.00$ 3,470.00$ 57 LS 1 8,500.00$ 8,500.00$ 58 LF 1,400 75.00$ 105,000.00$ 59 EA 3 2,250.00$ 6,750.00$ 60 EA 1 1,500.00$ 1,500.00$ 61 EA 1 2,250.00$ 2,250.00$ 62 EA 1 300.00$ 300.00$ 63 LF 55 60.00$ 3,300.00$ 64 LF 8,775 4.50$ 39,487.50$ 65 LS 1 10,000.00$ 10,000.00$ 66 EA 0 400.00$ -$ 67 EA 0 500.00$ -$ 68 EA 0 400.00$ -$ 69 EA 0 400.00$ -$ 70 EA 0 400.00$ -$ 71 EA 0 250.00$ -$ 72 EA 0 10,000.00$ -$ 73 EA 0 350.00$ -$ 74 EA 0 700.00$ -$ 75 EA 0 250.00$ -$ 76 EA 0 550.00$ -$ 77 EA 0 1,700.00$ -$ 78 EA 0 1,750.00$ -$ 79 EA 0 700.00$ -$ 80 EA 0 2,250.00$ -$ 81 EA 0 250.00$ -$ 82 EA 0 275.00$ -$ 83 EA 5 775.00$ 3,875.00$ 84 EA 33 700.00$ 23,100.00$ 85 EA 18 85.00$ 1,530.00$ 86 EA 114 40.00$ 4,560.00$ 87 EA 15,750 6.50$ 102,375.00$ 88 LS 1 40,200.00$ 40,200.00$ 89 LS 1 63,200.00$ 63,200.00$ 90 LS 1 14,350.00$ 14,350.00$ 91 LS 0 91,800.00$ -$ 92 LS 0 1,725.00$ -$ 93 LS 0.14 68,900.00$ 9,646.00$ 94 LS 0 57,400.00$ -$ 95 TON 338 23.00$ 7,774.00$ 96 SF 25,700 8.00$ 205,600.00$ 97 EA 58 835.00$ 48,430.00$ 799,022.50$ BIT MATERIALS (PRIME COAT) HMA SURFACE REMOVAL, 1.5" HMA SURFACE REMOVAL, 2.5" HMA SURF REM - BUTT JOINT HMA SURF CSE, MIX "D", N50 HMA BINDER COURSE, IL-19.0, N50 YO1820-C NLS/BPS February 4, 2022 WHISPERING MEADOWS - COMPLETION OF IMPROVEMENTS Summary of Remaining Construction Costs - Unit 4 ITEM SAWCUT AND CAULKING CRACKED CC&G EPOXY PATCH CURB HEAD CRACK SEALING (CURBS) THERMOPLASTIC PAVMNT MARKING - 6" THERMOPLASTIC PAVMNT MARKING - 24" YIELD SIGN INSTALLATION REM AND DISP OF UNSUITABLE MATL AGG SUBGRADE IMPROVEMENT GEOTECH FAB F/ GR STAB PCC SIDEWALK REM & REPL DETECTABLE WARNINGS COMB CC&G REM & REPL LOCATE & ADJ STRUCTURE- SANITARY RESET FR & ADJ RINGS - SANITARY RESET FRAME - SANITARY STRUCTURE ADJ - SANITARY REPLACE CHIMNEY SEAL MH FR & LID REPLACEMENT- SANITARY DIVIDED ROAD SIGN INSTALLATION HANDICAP SIGN REPLACEMENT REALIGN STREET LIGHTS BACKFILL AROUND STREET LIGHTS 48-HOUR BURN TEST MH LID REPLACEMENT - SANITARY RESET FR & ADJ RINGS - STORM RESET FRAME - STORM MH FR & LID REPLACEMENT- STORM REPLACE ADJ RINGS - STORM REPL MH OPEN LID - STORM REPOUR BENCH - STORM PIPE GROUTING - SANITARY CLEAN STRUCTURE - SANITARY MANDREL TESTING - SANITARY TELEVISING - SANITARY LOCATE & ADJ STRUCTURE - STORM STRUCTURE ADJ - STORM PIPE GROUTING - STORM CLEAN STRUCTURE - STORM CLEAN OULTET STRUCTURE - STORM MORTAR FILLETS REMOVE FILTER BASKET/FABRIC ADJ. STORM RESTRICTOR STRUCTURE STEP INSTALLATION - STORM FLARED END SECTION GRATE, 24" FLARED END SECTION RIP RAP BACKFILL SINKHOLE - STORM PATCH LIFT HOLE IN STRUCT - STORM RESET BARREL SECT - STORM CONNECT TO EX STORM SEWER (CORE DRILL) REMOVE EXISTING 18" FES STORM SEWER REMOVAL 18" TELEVISING - STORM TOPSOIL STRIP, STOCKPILE, & REPLACEMENT REPLACE ADJ RINGS - VALVE VAULT REMOVE & REPLACE STORM SEWER, 12" CLEAN STORM SEWER DET. BASIN OVERFLOW WEIR INSTALL STORM SEWER CL A 1 18" MANHOLE TA 4' DIA T1F CL 18" FES W/ GRATE ADJ AUX VB TO GRADE - WATER REALIGN AUX VB - WATER CLEAN AUX VB OF DEBRIS - WATER REM & REPL BROKEN B-BOX RAISE FIRE HYDRANT TO GRADE LOWER FIRE HYDRANT TO GRADE LOCATE & ADJ STRUCT - VALVE VAULT STRUCTURE ADJUST - VALVE VAULT RESET FR & ADJ RINGS - VALVE VAULT RESET FRAME - VALVE VAULT CLEAN STRUCTURE - VALVE VAULT REPLACE BROKEN AUX VB - WATER SHRUB INSTALLATION ORNAMENTAL GRASS INSTALL INSTALL EMERGENT PLUGS ALONG POND BOTTOM (ENCAP) NON-NATIVE WOODY SPECIES REMOVAL (ENCAP) HERBICIDE APP. TO NON-NATIVE HERB SPECIES (ENCAP) PRESCRIBED BURN ON SLOPES (ENCAP) ROTATE FIRE HYDRANT RESET FIRE HYDRANT - LEANING BACKFILL AROUND FIRE HYDRANT REPAINT FIRE HYDRANT TREE REMOVAL AND REPLACEMENT TREE INSTALLATION TREE INSTALL ON UNDEVELOPED LOTS TOTAL CONSTRUCTION COST G:\Public\Yorkville\2018\YO1820-C Whispering Meadows-TRG\Eng\[Remaining Work - Per Unit 2022-02-04 - City.xlsx]Bid - Unit 4 BASIN MONITORING, MAINTENANCE & REPAIR BASIN LANDSCAPING REPLACE TREES & SHRUBS IN REAR YARDS GAZEBO INSTALLATION SUB GRANULAR MATERIAL, TYPE B PCC SIDEWALK 5 INCH, SPEC FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000.00 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D $1,400.00 United City of Yorkville Fees 1. Building Permit $650.00 Cost $650 plus $0.20 per square foot see note below (a) $0.20 (SF) $650.00 2. Water Connection Fees see note below (b) $6,555.00 (and increasing $1,000 annually on May 1 until it hits ~$10,555 on May 1, 2028) 3. Water Meter Cost $550.00 4. City Sewer Connection Fees $0.00 5. Water and Sewer Inspection Fee $25.00 6. Public Walks/Driveway Inspection Fee $35.00 7. Development Fees Public Works $0.00 Police $0.00 Building see note below ('c)$0.00 Library $500.00 Parks & Recreation $0.00 Engineering $100.00 Bristol-Kendall Fire see note below ('c)$0.00 Development Fees Total $600.00 8. Land Cash Fees see note below (d) Park $981.94 School $2,668.69 $3,650.63 see note below ('e) Land-Cash Fee Total 9. North Water and Sewer Recapture Res. 1995-13 0 Fee Expired June 8, 2010 Jul-09 10. Weather Warning Siren Fee see note below (f) (Paid at time of final plat, not on a permit basis) 11. Plumbing Inspection Fee $135 Total Fee $16,600.63 #REF! Note: PUD agreement specifies that these fees are to be discounted a. Additional Build Permit Fee ($.20 x Sq Ft) will be calculated and paid at time of permi b. WCS will increase $1,000 / year starting in 2025 c. All Building and BKFD Capital fees have been prepaid by developer d. Land cash value has increased from $58,000 per improved acre to $101,000 per improved acre e. Settlement Fee Credit for 15 Acre Land Donation f. Weather Warning Siren Fee is $75 x 297.6 acres = $22,320 / 444 Units = $50.27 / Unit WHISPERING MEADOWS - SETTLEMENT PROPOSAL EXHIBIT B EXHIBIT C 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 #3 Tracking Number CC 2024-55 Ordinance Approving Certain Agreements with C1 Yorkville, LLC City Council – July 9, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a package of agreements on the Cyrus One project covering easement acquisition cost reimbursements, design engineering cost reimbursements for the upcoming watermain loop project and southern sanitary sewer project, and utility infrastructure agreement complete with two companion recapture agreements. Background This cover memo addresses several different agreements on the Cyrus One project, excepting the PUD agreement which is being explained via a cover memo from Krysti Barksdale-Noble under a separate agenda item. Cyrus One has submitted a PUD application to developer 228 acres of the Lincoln Prairie property near the intersection of the BNSF tracks and Eldamain Road in Yorkville. They are proposing to put 9 data centers on the property, covering billions of dollars of private investment when fully built out, and generating potentially tens of millions of dollars in Yorkville-specific annual revenues for utility taxes, property taxes, and water revenue. In order to develop the property, they will need to extend water and sewer utilities to the property at an expected cost of more than $10m – which will be front funded by Cyrus One. As part of the future land sale from Green Door to Cyrus One, Cyrus One will step into the role of developer that has been previously held by Green Door on the property. As a reminder, Green Door as developer had the City Council approve memorandums of understanding regarding reimbursement of utility design costs to the City via Ordinance 2023-17 (covering easement acquisition costs) and Ordinance 2023-18 (covering design engineering costs). Those ordinances are attached to this memo for your recollection. Ordinance 2023-17 covering easement acquisition costs was fully authorized by Green Door and they have been making payments to the City as the City has incurred legal, engineering, and property acquisition costs related to easement acquisition. Ordinance 2023-18 covering design engineering costs and which contained a specific monthly deposit schedule while the City conducted design engineering of the water and sewer infrastructure costs were never fully executed by Green Door – as they were waiting to have a full development partner like Cyrus One to join them before committing to pay the several hundred thousand dollars in design engineering costs. Instead, Green Door has been making off-schedule payments to the City in an amount around $200,000, which work and costs were necessary to identify final easement locations and scope. Because not all easements have been acquired yet, and because the design engineering for the water and Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: July 3, 2024 Subject: Cyrus One easement acquisition MOU, design engineering services agreement, utility infrastructure agreement, and recapture agreements sewer infrastructure is not completed, Cyrus One will be stepping into the terms of both Ordinance 2023-17 and Ordinance 2023-18 mid-way through the projects. This mid-way step-in are reflected in a new easement acquisition memorandum of understanding and a separate, new design engineering services agreement between Cyrus One and the City. Functionally, Green Door and Cyrus One will have some reconciliation of costs between the two as part of their land sale, but there will be no change in how the two documents are administered by the City; we will continue to acquire easements and we expect to begin design engineering services in earnest and now Cyrus One will pay the City for those costs (instead of Green Door). The final agreement in this package of non-PUD agenda items is the utility infrastructure agreement with recapture agreements as exhibits. This is a new document to the public and covers the basic concept of “the City will build the water and sewer extensions to the Cyrus One project, Cyrus One will bear the entire cost of those infrastructure extensions, and the City will rebate utility taxes to Cyrus One from their own project until they are made whole on their infrastructure investment.” Each agreement is explained in detail below. Easement acquisition memorandum of understanding As stated above, the City approved Ordinance 2023-17 covering easement acquisition costs with Green Door in June 2023. This new easement acquisition memorandum of understanding with Cyrus One contains many of the same concepts as Ordinance 2023-17 and results in a simple change that Cyrus One will be the entity reimbursing the City for easements as we acquire them. Paragraph 1.3 in the document covers that the City has authority to perform a wide variety of necessary services to design the water and sewer extension which will allow us to acquire easements. The developer will reimburse the City for all related costs. Paragraph 2.2 covers that we anticipate the total easement acquisition direct costs are expected to be $135,000 for the entire project. This was the same estimate given in Ordinance 2023-17. We feel that this total cost is still reasonable given the three easements worth ~$51,000 already acquired by the City. The City will get sign off from Cyrus One before finalizing any easement acquisition amounts. Cyrus One will reimburse the City of said costs in accordance with standard City invoicing procedures. Paragraph 3.1 makes it clear that all easements are expected to be acquired before December 2025, which is in alignment with the total water and sewer infrastructure construction deadline of 20 months post agreement execution (tentatively, March 2026). Design engineering services agreement As stated above, the City approved Ordinance 2023-18 covering design engineering costs with Green Door in June 2023. This old ordinance had a monthly deposit schedule that was to be adhered to whenever Green Door initiated the design engineering work in full. Because Green Door did not have a full data center partner at that time, they choose to wait to execute the full agreement and instead authorized partial work to be completed in order to properly identify easement locations and scope. Green Door has been making reimbursements to the City in a timely manner for this work. This new design engineering services agreement with Cyrus One contains many of the same concepts as Ordinance 2023-18, albeit with a modified monthly deposit schedule and also indicating that Cyrus One is stepping into the project for Green Door. Paragraph 1.3 of the document confirms that the City is authorized to perform a wide variety of necessary services to design the water and sewer extension. The developer will reimburse the City for all related costs. Paragraph 2.1 covers the scope of the water and sewer infrastructure extensions, which are depicted in Exhibit A. Generally, the Cyrus One project will require 23,000 linear feet of a 16” looped water main from Corneils Rd to Eldamain Rd to Faxon Road, and a 1,800 linear feet sanitary sewer from the Rob Roy Creek to the southern end of the development near Beecher Road. Paragraph 2.2 covers that all design engineering work by the City is expected to be complete by May 1, 2025. Paragraph 2.3 covers that the estimated remaining engineering costs for the water and sewer infrastructure design is around $271,000, for which Cyrus One will make 6 monthly deposits of either ~$29,000 or ~$48,000 until the design work is completed. Utility infrastructure agreement This is a new document for City Council consideration. As stated above, generally it requires the City to construct the $10m+ water and sewer extensions to the Cyrus One property, for Cyrus One to pay the City the entire cost of those infrastructure extensions prior to the City starting the construction, and for the City to reimburse Cyrus One 100% of the cost of those infrastructure extensions down the road, via a combination of utility tax reimbursements from utility taxes generated on the Cyrus One project and recapture payments from surrounding landowners. Paragraph 1.4 covers that the total reimbursement amount eligible to Cyrus One is the cost of the construction of the infrastructure, plus the costs to design the infrastructure, and plus the cost of easement acquisition. Paragraph 2.2 estimates the total cost of potential reimbursement to Cyrus One at ~$10.2m, illustrated in Exhibit C. These are current cost estimates, and Cyrus One is on the hook for the entire actual cost of the infrastructure project subject to the City competitively bidding the project. Paragraph 2.3 contains the competitive bidding provisions, and confirms that once the infrastructure extension construction bids are received by the City, Cyrus One will pay the City 115% of the cost of awarded bid before the contract is awarded and construction begins. Paragraph 2.4 clarifies the change order risks to the developer – namely that the developer has responsibility to cover appropriate cost increases as a result of change orders and stands to be reimbursed by the City if the project comes in under budget. Paragraph 2.7 commits the City to complete the water and sewer infrastructure project within 20 months after execution of this agreement (expected deadline March 2026). Paragraph 3.1 covers that the developer is eligible to receive recapture from neighboring properties. While there is minimal oversizing of infrastructure on this project (~10% of total cost), the City is providing a recapture amount to Cyrus One via a “cost share” methodology as an incentive to bring the project Yorkville. This “cost share” methodology is set up to estimate appropriate costs between neighboring properties that can tap into the water and sewer extension, assuming all of those properties were developing right now and were all at the table to chip into the cost of the infrastructure project. As will be described in the recapture agreement summaries, these recapture amounts amortize downwards when the City has paid 50% of the total incentive to Cyrus One, it contains no interest due from the City to Cyrus One, and at no point can Cyrus One receive more than 100% of its actual cost of the infrastructure extension. Recapture agreements are contained within Exhibit D and are further described below. Paragraph 3.2 provides the mechanism for the City’s financial incentive to Cyrus One to offset the cost of Cyrus One’s infrastructure extensions. In general, Cyrus One will receive 50% of the annual utility taxes it generates up to the first $1m generated annually; any amounts generated above $1m will be reimbursed at 60%. The Cyrus One project contains space for 9 data centers; we expect each data center to generate around $1m in annual utility taxes. Construction schedules for the buildings are user dependent – as in, Cyrus One will need a tenant before construction a building. They have stated they expect to build 1 or 2 buildings at a time, tenant depending. Each building takes 18-24 months to construct. In summary, the City expects to receive several hundred thousand dollars in new revenues from the Cyrus One project at the opening of the first data center, and could see $9m+ in annual revenue at full build out. Depending on the build out timing of the buildings, the incentive back to Cyrus One could be fully satisfied in a few years. Paragraph 3.3 confirms that the total incentive will cap out at 100% of the actual cost of the water and sewer infrastructure extensions. Paragraph 3.4 caps the total timeframe on the incentive to end when the City has paid 100% of the cost of the infrastructure extension pursuant to paragraph 3.3, or 20 years from the issuance of the first certificate of occupancy for the first data center. Paragraph 3.5 contains some water capacity warrants to Cyrus One, pursuant to the City’s existing deep well water source system and the upcoming Lake Michigan project. Further, the final paragraph in this section contains language addressing a scenario where the City Council ceases pursuing Lake Michigan water at some point before that project is completed (unlikely) and allows the developer to participate in the decision to construct a new water source system (complete with anticipated financial contribution). Recapture agreements as Exhibit D to the utility infrastructure agreement There are two recapture agreements: the water loop system recapture agreement and the southern sewer recapture agreement. The maps of each system are included in Exhibit A of each respective agreement. In general, both agreements split up the cost of each respective piece of infrastructure to the neighboring land-owners that could use the infrastructure in the future and assigns a pro-rata cost to each property with the assumption that every property was being developed in the present and each land-owner was at the table to pay for their fair share of the project. Both agreements have: - A Section 1 that clarify the total amount of the eligible recapture due to Cyrus One is based on the actual costs of the infrastructure projects, which costs will be certified after the project is completed. - A Section 3 that requires the property to be annexed to the City (or subject to a pre- annexation agreement) before it can utilize the infrastructure. - A Section 4 that includes the assumptions of how the pro-rata cost share is calculated (linear footage of frontage on the water line, or projected PE of sewer use). - A Section 5 that confirms that the recapturable amounts on the properties will be reduced by 50% when the City pays 50% of the total incentive to Cyrus One or when 10 years pass from the infrastructure project. Further, this section caps the total recapturable amount to an amount equal to the remaining incentive due to Cyrus One in the event that the calculated recapture payment is greater than the total amount still due to Cyrus One (prevents overpayment to Cyrus One). - A Section 6 that confirms that the City will not permit a property to utilize the infrastructure unless it has paid the recapture amount due to Cyrus One OR the City has paid the recapture amount due to Cyrus One (i.e. the City may want to incentivize future developments). Finally, these sections clarify that if the properties develop without needing the infrastructure connections, that no recapture amount is due. - A section 9 that confirms if the total incentive is not paid to Cyrus One after 20 years, that the recapture agreements and contemplated payments are ended and the City is not responsible to make up the shortfall to Cyrus One. Recommendation Staff recommends approval of the easement acquisition memorandum of understanding, the design services agreement, and the utility infrastructure agreement with recapture agreements as exhibits. Ordinance No. 2024-____ Page 1 Ordinance No. 2024 - ____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING CERTAIN AGREEMENTS WITH C1 YORKVILLE, LLC 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, C1 Yorkville, LLC, a Delaware limited liability company (“C1 Yorkville”), submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on-site electric substation (collectively The “Project”); and WHEREAS, C1 Yorkville, as a part of its proposal to the City, requested the City to extend water and sewer services to the Development Site including the engineering design for such extensions and the acquisition of required temporary and permanent easements necessary to construct the Project; and WHEREAS, the City is prepared to undertake the extension of the sanitary sewer, the construction of the watermain looping system to serve the Development Site, and the acquisitions of the required easements to construct the Project, on the condition that C1 Yorkville is responsible to pay all costs incurred by the City for the Project as set forth in the Design Engineering Service Agreement and the Easement Acquisition Agreement attached hereto; and WHEREAS, C1 Yorkville has requested financial assistance from the City due to the construction of an extensive utility infrastructure required to service the Development Site which the City is prepared to do by means of a rebatement of a portion of the City’s municipal utility taxes generated from the Project and recapture agreements from properties benefited by the extension of these services pursuant to the terms and conditions set forth in the Utility Infrastructure Agreement attached hereto; and The City believes the development of the Project by C1 Yorkville at the Development Site will increase the tax base of the City and all taxing districts having jurisdiction over the Subject Property and provide job opportunities to its residents and therefor it is in the best interest of the City and its residents to take the actions hereinafter set forth. Ordinance No. 2024-____ Page 2 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. The following agreements, substantially in the forms attached hereto and made a part hereof, by and between the City and C1 Yorkville are hereby approved: (a) Design Engineer Services Agreement by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC; (b) Easement Acquisition Memorandum of Understanding by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC; and (c) Utility Infrastructure Agreement by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC. Section 3. The Mayor and City Clerk are hereby authorized to execute the foregoing agreements and the City Administrator, the City Engineer and the City Attorney are hereby authorized to finalize the terms and take any action required to implement all of the terms of each of said agreements. Section 4. 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 __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ Ordinance No. 2024-____ Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 DESIGN ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND C1 YORKVILLE, LLC This Design Engineering Services Agreement (the “Agreement”), dated this ____ day of ____________, 2024 (“Effective Date”), is by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville, LLC, a Delaware limited liability company (the “Developer”). ARTICLE 1. Preambles 1.1 The City is a duly organized and validly existing non-home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Developer is the owner of 228.93 acres located at the northeast corner of Eldamain and Faxon Road, legally described in Exhibit A attached hereto, and identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100-004 and -005; and 02-18-400- 004 (collectively the “Subject Property”), which acquired the Subject Property from Yorkville Nexus, LLC (the “Prior Owner”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an onsite electrical substation (collectively the “Project”) over a ten (10) to twenty (20) year period. 1.3 The Developer recognizes that the Subject Property is not currently served with water or sewer service as required for the Project and is prepared to work with the City to extend such services to the Subject Property and is prepared to authorize the City to direct the City Engineer to make the necessary investigations, analyses, calculations, surveys and cost estimates to design a water main and sanitary sewer line to service the Subject Property (the “Water/Sewer Infrastructure System”). 1.4 On May 30, 2023, the City passed Ordinance 2023-18 approving a memorandum of understanding between the City and Prior Owner relating to the design and engineering of the Water/Sewer Infrastructure System for the Prior Owner, which remains unsigned as of the Effective Date hereof (“Prior Engineering MOU”). Notwithstanding, the City and Prior Owner, in good faith, initiated the design and engineering elements for the Water/Sewer Infrastructure 2 System, and Prior Owner has been providing the required reimbursement for costs and expenses in accordance with the Prior Engineering MOU and as further detailed herein. ARTICLE 2. Respective Obligations of the City and the Developer 2.1 City has identified the best direct route for each component of the Water/Sewer Infrastructure System to serve the Subject Property and hereby agrees to direct the City Engineer to provide engineering design services for the following: A. The specific location and cost to install approximately 23,000 linear feet of a sixteen- inch (16”) diameter water main from the existing water main at Corneils Road to Eldamain Road, then south toward Faxon Road, then east to connect to the existing water main at High Ridge Lane and then along a section of Faxon Road all as depicted on Exhibit A attached hereto; and B. The specific location and estimated cost to install approximately 1,800 linear feet of sanitary sewer from the existing thirty-six inch (36”) sanitary sewer on the east side of Rob Roy Creek west to the Lincoln Prairie development a Beecher Road. 2.2 In accordance with the Prior Engineering MOU, Prior Owner and the City engaged the City Engineer to commence work on the design engineering services required for the Water/Sewer Infrastructure System, however the design services required to complete the final design and drawings are not entirely final, but the completion of which shall not extend past May 1, 2025 without the prior written consent of Developer and City. Notwithstanding the foregoing, Developer hereby agrees to pay all outstanding costs for the design engineering services for the Water/Sewer Infrastructure System, it being understood that any disputes or claims regarding the reimbursement for the design engineering services, if any, including the amounts paid by the Prior Owner and amounts to be paid for the completion of the outstanding design engineering services by the Developer shall be resolved between the Prior Owner and the Developer. The Developer shall indemnify and hold the City harmless for any claims or disputes regarding the allocation of costs between Developer and the Prior Owner for the design services for the Water/Sewer Infrastructure System performed by the City Engineer. 2.3 As of the Effective Date hereof, the outstanding engineering services costs incurred by the City for the Water/Sewer Infrastructure System estimated in the amount of 3 $271,794.30 (for a total of $485,489.00) (“Estimated Engineering Costs”). Developer agrees to deposit with the City on or before the tenth (10th) day of each calendar month during the term of this Agreement the amounts set forth in Exhibit B attached hereto. Following the Effective Date hereof, the City agrees to advise the Developer’s representatives by email, in advance of incurring further costs and expenses exceeding the Estimated Engineering Costs, requesting written approval of such additional costs and expenses. ARTICLE 3. In General 3.1 The term of this Agreement shall commence upon the date first written above and shall terminate upon completion of all work to be performed by the City Engineer and payment by the Developer in full of all costs incurred by the City in connection with the services provided by the City Engineer. 3.2 In the event of a breach of this Agreement 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 Agreement. In such event, the defaulting party hereby agrees to pay and reimburse the non-defaulting party for all costs and expenses incurred by the non- defaulting party in connection with an action taken to enforce this Memorandum, including reasonable attorney’s fees and court costs. 3.3 This Agreement 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 Agreement shall not be assigned by a party hereto without the prior written consent of the other parties to this Agreement, for which approval shall not be unreasonably withheld or delayed. 3.4 The invalidity of any provisions of this Agreement shall not impair the validity of any other provisions. If any provision of this Agreement is determined by a court of competent jurisdiction to be enforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Agreement, along with the Utility Infrastructure Agreement, the Planned Unit Development Agreement and the Easement Acquisition Memorandum of Understanding entered 4 into between the parties (collectively the “Development Agreements”), and the ordinances of the City set forth the entire understanding of the parties as pertaining to the Project and the Subject Property and the Development Agreements may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Agreement 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: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, IL 60563 Attention: Kathleen Field Orr To Developer: C1 Yorkville, LLC 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a Copy to: Rosanova & Whitaker Ltd. 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Attention: Russell G. Whitaker, III 3.8 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the Effective Date. CITY: United City of Yorkville, Kendall County, Illinois, a municipal corporation By: ________________________________ Mayor Attest: ____________________________________ City Clerk DEVELOPER: C1 Yorkville, LLC, A Delaware limited liability company By: _________________________________ Its 1 EXHIBIT A Legal Description of the Development Site PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18,231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 2 PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF- WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 3 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Eldamain Road and Faxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004. 1 Exhibit B Engineering Agreement – Drawdown Schedule ESTIMATED REMAINING BALANCE $ 271,794.30 DATE ESTIMATED INVOICE VALUE 9/1/2024 $ 29,049.80 10/1/2024 $ 48,548.90 11/1/2024 $ 48,548.90 12/1/2024 $ 48,548.90 1/1/2025 $ 48,548.90 2/1/2025 $ 48,548.90 3/1/2025 $ - Total $ 271,794.30 1 EASEMENT ACQUISITION MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND C1 YORKVILLE, LLC This Easement Acquisition Memorandum of Understanding (the “Easement MOU”), dated this ____ day of ____________, 2024 (“Effective Date”), is by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville, LLC, a Delaware limited liability company of (the “Developer”). ARTICLE 1. Preambles 1.1 The City is a duly organized and validly existing non-home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Developer is the owner of 228.93 acres located at the northeast corner of Eldamain and Faxon Road, legally described in Exhibit A attached hereto, and identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100-004 and -005; and 02-18-400- 004 (collectively the “Subject Property”), which acquired the Subject Property from Yorkville Nexus, LLC (the “Prior Owner”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an onsite electrical substation (collectively the “Project”) over a ten (10) to twenty (20) year period. 1.3 The Developer recognizes that the Subject Property is not currently served with water or sewer service as required for the Project and has authorized the City to engage the City Engineer to undertake all investigations, analyses, calculations, surveys and cost estimates to design a water main and sanitary sewer line to service the Subject Property, referred to as the Water/Sewer Infrastructure System, pursuant to the terms and conditions as set forth in a Design Engineering Services Agreement by and between the City and the Developer dated ________________, 2024. 1.4 On May 30, 2023, the City passed Ordinance 2023-17 approving a memorandum of understanding between the City and Prior Owner relating to the acquisition of all easements from owners of property through which the City’s Water/Sewer Infrastructure System will be installed, which was signed by the parties on May 30, 2023 (“Prior Easement Acquisition MOU”). 2 Pursuant to the Prior Easement Acquisition MOU, the City commenced the acquisition of all easements from owners of property through which the Water/Sewer Infrastructure System will be installed and the City proceeded to contact the impacted property owners to negotiate the cost to obtain temporary construction easements and a permanent, non-exclusive easements over each of the affected properties in furtherance thereof. ARTICLE 2. Respective Obligations of the City and the Developer 2.1 The City Engineer has prepared some of the documentation and legal descriptions for each of the required temporary construction easements and the non-exclusive, permanent easements and shall continue to prepare the necessary documentation for the acquisition of such rights by the City of all required temporary and permanent, non-exclusive easements upon completion of the final design of the Water/Sewer Infrastructure System. 2.2 The City has also negotiated with property owners by offering the fair market land value for the acquisition of the temporary and permanent easement rights, including losses incurred for crop damage. The City Engineer and the City have estimated the total cost to be expended by the City to acquire all necessary easement rights in connection with the construction of the Water/Sewer Infrastructure System is approximately $135,000, which includes the following: (i) ascertaining the legal title holders of each of the affected properties through title searches by accredited title insurance companies; (ii) to preparing the required plats of easement for each of the affected properties; (iii) to negotiating the acquisition cost for the temporary construction easements and permanent, non-exclusive easements to encumber each property; and, (iv) compensating each owner for crop damage, if applicable (collectively, the “Estimated Easement Costs”). As of the Effective Date hereof, the outstanding easement acquisition costs incurred by the City for the Water/Sewer Infrastructure System is approximately $51,475 none of which has been paid by the Prior Owner as of July 2, 2024). Following the Effective Date hereof, the City agrees to advise the Developer’ representatives by email, in advance of the final acceptance of an offer to be paid to any affected property owner for any temporary construction easements, permanent, non-exclusive easements and crop damage, if applicable, requesting approval of the total amount to be paid. 3 2.3 Concurrent with the execution of this Agreement, City shall deliver an estoppel certificate to Developer evidencing the amounts paid by Prior Owner to City in accordance with the Prior Easement Acquisition MOU as reconciled and agreed upon by City and Prior Owner (“City Estoppel”). Developer hereby agrees to pay all outstanding costs for the easement acquisition costs for the Water/Sewer Infrastructure System in accordance with this Agreement and in reliance upon the City Estoppel, it being understood that any disputes or claims regarding the reimbursement for the easement acquisition costs, if any, including the amounts paid by the Prior Owner and amounts to be paid for the completion of the outstanding easement acquisition costs by the Developer shall be resolved between the Prior Owner and the Developer. The Developer shall indemnify and hold the City harmless for any claims or disputes regarding the allocation of costs between Developer and the Prior Owner for the design services for the Water/Sewer Infrastructure System performed by the City Engineer except for the amounts reconciled between City and Prior Owner as reflected in the City Estoppel. ARTICLE 3. In General 3.1 The term of this Easement MOU shall commence upon the Effective Date first written above and shall terminate upon receipt and recordation of all temporary construction easements and permanent non-exclusive easement and payment by the Developer in full of all costs incurred by the City in connection with this Easement MOU, the completion of which shall not extend past December 1, 2025 without the prior written consent of Developer and City 3.2 In the event of a breach of this Easement MOU 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 Easement MOU. 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 Easement MOU, including reasonable attorney’s fees and court costs. 3.3 This Easement MOU 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 Easement MOU shall not be assigned by a party hereto without the prior written consent of the other party to this Easement MOU, for which approval shall not be unreasonably withheld or delayed. 4 3.4 The invalidity of any provisions of this Easement MOU shall not impair the validity of any other provisions. If any provision of this Easement MOU is determined by a court of competent jurisdiction to be enforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Easement MOU, along with the Design Engineering Agreement, Utility Infrastructure Agreement, and the Planned Unit Development Agreement entered into between the parties (collectively the “Agreements”), and the ordinances of the City set forth the entire understanding of the parties as pertaining to the Project and the Subject Property. The Agreements may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Easement MOU 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 Easement MOU (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: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, IL 60563 Attention: Kathleen Field Orr 5 To C1 Yorkville, LLC: C1 Yorkville, LLC 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a Copy to: Rosanova & Whitaker Ltd. 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Attention: Russell G. Whitaker, III 3.8 This Easement MOU may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 6 IN WITNESS WHEREOF, the parties hereto have caused this Easement MOU 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 C1 Yorkville, LLC, a Delaware limited liability company By: _________________________________ Its 01485018v9 A-1 EXHIBIT A Legal Description of the Development Site PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID 01485018v9 A-2 SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Edamain Road and Foxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004 01485018v9 UTILITY INFRASTRUCTURE AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND C1 YORKVILLE LLC THIS UTILITY INFRASTRUCTURE AGREEMENT (the "Agreement"), is made and entered as of the ____ day of ____________, 2024 (the "Effective Date"), by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville LLC, a Delaware limited liability company (“Developer”), each a “Party”). 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 Developer is the owner of real property previously owned by Yorkville Nexus LLC, an Illinois limited liability company (“Yorkville Nexus”), consisting of approximately 229 acres of farmland at the northeast corner of Eldamain and Faxon Road (the “Development Site”), legally described in Exhibit A attached hereto, which Developer intends to develop a secure data center campus (the “Project”). 1.3 The Development Site requires public improvement infrastructure to service the proposed development and, therefore, shall require a substantial investment to provide water and sanitary sewer service to the Project. 1.4 The City desires to deliver certain utility infrastructure to the site and to own and operate the main extensions through which service will be delivered. Developer is prepared to be responsible for all reasonable costs to be incurred by the City to acquire easements, design, construct the Water/Sewer Project, (defined below) to service the Development Site, subject to reimbursement from the City as described in this Agreement, the “Design Engineering Services Agreement”, attached hereto as Exhibit B, and the “Easement Acquisition Memorandum of Understanding”, attached hereto as Exhibit B-1, and has requested the City, at this time, to confirm the estimated cost for acquiring all easements, cost of design engineering required to provide water and sewer service, and the estimated cost of construction thereof in accordance with the capacity requirements in Section 3.5 hereof (collectively the “Water/Sewer Project”). 1.5 To facilitate the development and construction of the Project and pursuant to and in accordance with the terms of this Agreement, the City has agreed to reimburse the Developer for certain costs related to the Water/Sewer Project as described herein. 1.6 Developer represents and warrants to the City but for the provisions required pursuant to applicable law along with financial assistance to be provided by the City to Developer pursuant to this Agreement, the Project would not be economically viable and, concomitantly, it is not reasonably anticipated that Developer would develop and construct the Project as contemplated. 01485018v9 2 ARTICLE 2: DEVELOPER OBLIGATIONS 2.1 The City shall direct its engineers to proceed with the engineering studies as required to construct the Water/Sewer Project on the condition that Developer deposits into an escrow account with the City, the costs to be incurred to undertake such engineering services as set forth in Design Engineering Services Agreement. Such studies shall include the estimates for the construction of the Water/Sewer Project and the City will ensure that the Developer is issued reliance letters on such studies or reports on or before May 1, 2025. 2.2 The City has prepared a preliminary budget showing total costs for the Water/Sewer Project in an estimated amount of $10,241,550 as set forth in Exhibit C, which is attached hereto (the "Water/Sewer Project Preliminary Budget"). These estimates are provided for illustration purposes and are not limits on the cost or scope of the total Water/Sewer Project Preliminary Budget. Following the Execution Date, any change in the Water/Sewer Project Preliminary Budget shall be approved by Developer in writing. 2.3 Upon review and approval of the total engineering design of the Water/Sewer Project by City and Developer, the City agrees to publicly bid Water/Sewer Project in accordance with the City’s procurement codes and to approve a construction contract with the lowest responsible and qualified bidder. Prior to execution of the construction contract, the Developer agrees to deposit in escrow with a mutually selected agent an amount equal to one hundred fifteen percent (115%) of the value of approved bid and construction contract (“Approved Bid Amount”). Upon confirmation of receipt by the escrow agent the Approved Bid Amount, the City shall promptly direct the commencement of construction of the Water/Sewer Project to service the Development Site. The City shall make payments to the lowest, responsible and qualified bidder in installments as mandated by the construction contract from such funds held by escrow agent constituting the Approved Bid Amount, but only to the extent that work has been satisfactorily completed. Notwithstanding the foregoing, the City shall not pay its contractor(s) more often than monthly. 2.4 Developer shall have satisfied all annexation policies, payments, and requirements from Yorkville-Bristol Sanitary District (“YBSD”) prior to issuance of first building permit in the Development Site. City shall reasonably cooperate with Developer in seeking such annexation approval from YBSD. 2.5 In the event of any change orders requested by the City or Developer resulting in any decrease in the amount due from the City under the construction contract, the excess shall be refunded to Developer upon completion of the Water/Sewer Project. In the event of any increase in the amount due from the City under the contract due to a change order related to the Infrastructure Improvements directly attributable to the Water/Sewer Project, the City shall provide written notice of the same to Developer. Developer shall review such change order and provide its acceptance or rejection of the change order within fifteen (15) days. In the event the change order for an increase is accepted, the City shall provide appropriate documents to Developer prior to the demand for an increase to the escrow in the amount of one hundred fifteen percent (115%) of the increase. The Developer shall have no obligation to authorize a change order 01485018v9 3 or increase that is requested by or triggered by a neighboring project for which a separate utility agreement could be pursued by such separate developer or land owner. 2.6 The City shall obtain the necessary easements required to construct the Water/Sewer Project (the "Water/Sewer Easements") pursuant to the Easement Acquisition Memorandum of Understanding. Developer shall reimburse the City for all actual and authorized out-of-pocket costs related to obtaining the Water/Sewer Easements, as outlined in the Easement Acquisition Memorandum of Understanding. The City shall submit any estimates received for the above-referenced costs to Developer for its approval prior to authorizing said work and Developer shall review and provide feedback within thirty (30) days. The City acknowledges that construction of the Water/Sewer Project is conditioned upon the City obtaining the Water/Sewer Easements. 2.7 The City understands that it will complete Water/Sewer Project within twenty (20) months after execution of the Design Engineering Services Agreement by Developer and following the City’s acquisition of the Water/Sewer Easements pursuant to the Easement Acquisition Memorandum of Understanding. 2.8 Upon Developer's written request, the City shall issue to the Developer a Certificate of Completion in recordable form confirming that Developer has fulfilled its respective obligation to pay for the Water/Sewer Project in accordance with the terms of this Agreement and promptly release any excess funds to Developer, if any. ARTICLE 3: CITY OBLIGATIONS 3.1 Upon execution of this Agreement and the calculation of the actual cost of the Water/Sewer Project after the Water/Sewer Project has been completed and accepted, Developer shall be entitled to recapture amount(s) as set forth in the recapture agreements, copies of which are attached hereto as Exhibit D (the “Recapture Agreements”). 3.2 The City agrees to reimburse Developer, or its designee, the cost of the Water/Sewer Project, including any additional funding for the Alternative Water Facilities, less any amounts received pursuant to the Recapture Agreements. The City agrees to rebate the municipal electric utility taxes (as referenced in the Yorkville City Code in 3-2-4-B-1-C) generated by the Project (or its end users) and distributed to the City from ComEd (“Utility Taxes”) in accordance with the following tiered structure (the "Utility Tax Reimbursement"): A. Tier 1: 50% of the Utility Taxes up to $1,000,000 (i.e., maximum $500,000 annually); and B. Tier 2: 60% of Utility Taxes in excess of $1,000,000. 3.3 The City agrees to rebate the Utility Taxes as described in Section 3.2 to Developer until receipt by Developer of 100 percent (100%) of the total cost of the Water/Sewer Project, as 01485018v9 4 may be modified by the Alternative Water Facilities or amounts received pursuant to Recapture Agreements described in Section 3.2. The City’s obligation to rebate as aforesaid is subject to receipt of the corresponding utility bills for the Development Site. The City agrees that Developer may assign its rights, in whole or in part, to the Utility Tax Reimbursement to any party in its sole discretion. 3.4 Rebate of the Utility Taxes, as hereinabove provided, shall commence upon the issuance of a certificate of occupancy for the first structure constructed at the Development Site and continue until the first to occur: (i) reimbursement of the total cost of the Water/Sewer Project; or, (ii) twenty (20) years from the issuance of the first certificate of occupancy (temporary or permanent) for first structure constructed at the Development Site. 3.5 The City acknowledges that the provision of adequate amounts of potable water is essential for the development of the Project. The City will provide water and sewer services to Developer for use at Development Site in accordance with the following table and by the applicable Delivery Date (the "Water Allocation"): Water Capacity (Average Day) Sewer Capacity (Average Day) Delivery Date Phase 1 Capacity 250,000 gallon per day 150,000 gallon per day 3/1/2026 Phase 2 Capacity 500,000 gallon per day 300,000 gallon per day 10/1/2028 The City will provide water service to the Project at a minimum pressure of 55 psi. The City will charge for water and sewer services based on actual usage in accordance with the then-existing tariff rates charged to industrial customers for similar water and sewer services. The Water/Sewer Project will provide water and sewer services at the Project site boundary. The City represents and warrants that, as of the Execution Date hereof, it has the ability to provide the Phase 1 Capacity indicated in the table above. The City, as well as the Village of Oswego and the Village of Montgomery (collectively, "WaterLink") is engaged in discussions with the DuPage Water Commission regarding the provision of Lake Michigan water. The City will use commercially reasonable efforts to enter into an intergovernmental agreement with the DuPage Water Commission for the provision of the Phase 2 Capacity. In the event the Phase 2 Capacity is not sourced through WaterLink and the DuPage Water Commission, the City agrees that it will design, engineer, construct, install, operate, and maintain any and all necessary infrastructure, including a well and water treatment facility, at its sole cost and expense, to provide the Phase 2 Capacity by the applicable delivery date above (the "Alternative Water Facilities"). Developer will have the option to either (i) contribute funding for the construction of the Alternative Water Facilities in the same proportion as its water capacity provided through the Alternative Water Facilities compared to the full capacity of such Alternative Water Facilities, provided that 01485018v9 5 Developer’s obligation will not exceed twenty percent (20%) of the total construction costs. Further the City agrees that any funds contributed by Developer toward the construction of the Alternative Water Facilities shall be reimbursable per the terms of Section 3.2 above; or (ii) waive its right to the incremental increase of Phase 2 water and sewer capacities shown in the table above. ARTICLE 4: IN GENERAL 4.1 The term of this Agreement shall commence upon the execution of this Agreement by the parties and shall terminate on the twentieth (20th) anniversary of the Effective Date; provided, however, the City obligation to make all necessary Utility Tax Reimbursements described in Article 3 shall survive the term of the Agreement and Developer's rights and remedies to enforce such obligation shall survive the term of the Agreement. 4.2 In the event of a default, the non-defaulting party shall give no less than ten (10) business days’ notice to the defaulting party. No default under this Agreement shall entitle any Party to terminate, cancel or otherwise rescind this Agreement; provided, however, this limitation shall not affect any other rights or remedies the Parties may have by reason of any default under this Agreement. 4.3 Neither the City nor Developer, nor any successor in interest to either of them, shall be considered in breach of or in default of its obligations under this Agreement in the event of any delay caused by nationally recognized pandemic or epidemic, governmental restrictions, takings, and limitations arising subsequent, war, state or national emergency, government mandated closures, damage or destruction by fire or other casualty, strike, shortage of material, unusually adverse weather conditions such as, by way of illustration and not limitation, severe rain storms or below-freezing temperatures of abnormal degree or for an abnormal duration, tornadoes or cyclones, and other events or conditions beyond the reasonable control of the Party affected which in fact interferes with the ability of such Party to discharge its obligations hereunder (in each case, a “Force Majeure Delay”). In each case where a Party hereto believes its performance of any specific obligation, duty or covenant is delayed or impaired by reason of an event of Force Majeure Delay, the Party claiming the benefit of this Section 4.3 shall notify the other Party of the nature of the event claimed to constitute Force Majeure Delay and, specifically, the obligation, duty or covenant which it believes is delayed or impaired by reason of the designated event. Notification shall be provided in accordance with Section 4.9. Performance of the obligation, duty or covenant impaired by reason of the designated event shall be tolled for that period of time reasonably necessary to remove or otherwise cure the impediment to performance and the Party relying on the event of Force Majeure Delay shall be obligated to pursue such remedy or cure with reasonable diligence given the nature of the impairment, to the extent the same may be reasonably cured. In no case shall an event of Force Majeure Delay toll the performance of any obligation, duty or covenant not directly implicated in the claimed event of Force Majeure Delay. Further, nothing herein shall be deemed to preclude the right of the Party entitled, by the terms of this Agreement, to receive the performance of any obligation, duty or covenant to challenge the validity of a claimed event of Force Majeure Delay. 4.4 This Agreement 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 01485018v9 6 may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by a party hereto without the prior written consent of the other parties to this Agreement, approval of which shall not be unreasonably withheld. 4.5 In the event of any violation or threatened violation of any of the provisions of this Agreement by a Party, any other Party shall, in addition to any right or remedy provided by law or equity, have the right to apply to a court of competent jurisdiction for an injunction against such violation or threatened violation, and/or for a decree of specific performance. 4.6 The invalidity of any provisions of this Agreement shall not impair the validity of any other provisions. If any provision of this Agreement 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. 4.7 This Agreement sets forth the entire understanding of the parties as pertaining to the Agreement and may only be amended, modified or terminated by a written instrument signed by the parties. Any addition of new property to the Development Site shall require written amendment to this Agreement, for which City Council approval will be required. 4.8 This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. 4.9 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 40 Terrace Colony Olympia Fields, Illinois 60461 To Developer: C1 Yorkville LLC 2850 N. Harwood Street Suite 2200 Dallas, Texas 75201 01485018v9 7 Attention: Nicholas Papadimitriou Email: npapadimitriou@cyrusone.com With a copy to: Mayer Brown LLP 1999 K Street NW Washington, DC 20006 Attention: Emily G. Naughton Email: enaughton@mayerbrown.com With a copy to: Russell G. Whitaker, III 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Telephone 630-355-4600 Fax 630-352-3610 Email: russ@rw-attorneys.com 4.10 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 4.11 Developer shall be permitted to record, at its costs and expense, a memorandum of this Agreement with the Kendall County Recorder. 4.12 City hereby acknowledges that Developer has no rights and/or obligations with respect to Ordinance 2023-17 (“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”) and Ordinance 2023-18 (“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”)\. The City and Yorkville Nexus shall enter into a separate agreement regarding any rebates or other agreements for reimbursement or payments made between the parties in connection with the Corneils Road Sanitary Sewer Extension easement rights, engineering, installation and construction in relation thereto. 4.13 Each of the Parties hereto agrees to provide the other, upon not less than 20 business days prior request, an estoppel certificate certifying that this Agreement is in full force and effect (unless such is not the case, in which such Party shall specify the basis for such claim) and that to its knowledge the requesting Party is not in default of any term, provision or condition of this Agreement beyond any applicable notice and cure provision (or specifying each such claimed default) but not more than once per year. 4.14 No party will be liable to the other party, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS, LOST GOODWILL, LOST REVENUE AND LOST OPPORTUNITY) ARISING OUT OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. 01485018v9 8 4.15 In the event of any litigation involving this Agreement, the non-prevailing party in such litigation will pay to the prevailing party the attorneys’ fees and costs incurred by the prevailing party in connection with such litigation. [SIGNATURE PAGE TO FOLLOW] 01485018v9Signature Page – Development Agreement 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 C1 Yorkville LLC, a Delaware limited liability company By:__________________________________ Its: 01485018v9 A-1 EXHIBIT A Legal Description of the Development Site PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID 01485018v9 A-2 SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Edamain Road and Foxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004 01485018v9 B-1 EXHIBIT B Design Engineering Services Agreement [to be attached] 1 DESIGN ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND C1 YORKVILLE, LLC This Design Engineering Services Agreement (the “Agreement”), dated this ____ day of ____________, 2024 (“Effective Date”), is by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville, LLC, a Delaware limited liability company (the “Developer”). ARTICLE 1. Preambles 1.1 The City is a duly organized and validly existing non-home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Developer is the owner of 228.93 acres located at the northeast corner of Eldamain and Faxon Road, legally described in Exhibit A attached hereto, and identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100-004 and -005; and 02-18-400- 004 (collectively the “Subject Property”), which acquired the Subject Property from Yorkville Nexus, LLC (the “Prior Owner”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an onsite electrical substation (collectively the “Project”) over a ten (10) to twenty (20) year period. 1.3 The Developer recognizes that the Subject Property is not currently served with water or sewer service as required for the Project and is prepared to work with the City to extend such services to the Subject Property and is prepared to authorize the City to direct the City Engineer to make the necessary investigations, analyses, calculations, surveys and cost estimates to design a water main and sanitary sewer line to service the Subject Property (the “Water/Sewer Infrastructure System”). 1.4 On May 30, 2023, the City passed Ordinance 2023-18 approving a memorandum of understanding between the City and Prior Owner relating to the design and engineering of the Water/Sewer Infrastructure System for the Prior Owner, which remains unsigned as of the Effective Date hereof (“Prior Engineering MOU”). Notwithstanding, the City and Prior Owner, in good faith, initiated the design and engineering elements for the Water/Sewer Infrastructure 2 System, and Prior Owner has been providing the required reimbursement for costs and expenses in accordance with the Prior Engineering MOU and as further detailed herein. ARTICLE 2. Respective Obligations of the City and the Developer 2.1 City has identified the best direct route for each component of the Water/Sewer Infrastructure System to serve the Subject Property and hereby agrees to direct the City Engineer to provide engineering design services for the following: A. The specific location and cost to install approximately 23,000 linear feet of a sixteen- inch (16”) diameter water main from the existing water main at Corneils Road to Eldamain Road, then south toward Faxon Road, then east to connect to the existing water main at High Ridge Lane and then along a section of Faxon Road all as depicted on Exhibit A attached hereto; and B. The specific location and estimated cost to install approximately 1,800 linear feet of sanitary sewer from the existing thirty-six inch (36”) sanitary sewer on the east side of Rob Roy Creek west to the Lincoln Prairie development a Beecher Road. 2.2 In accordance with the Prior Engineering MOU, Prior Owner and the City engaged the City Engineer to commence work on the design engineering services required for the Water/Sewer Infrastructure System, however the design services required to complete the final design and drawings are not entirely final, but the completion of which shall not extend past May 1, 2025 without the prior written consent of Developer and City. Notwithstanding the foregoing, Developer hereby agrees to pay all outstanding costs for the design engineering services for the Water/Sewer Infrastructure System, it being understood that any disputes or claims regarding the reimbursement for the design engineering services, if any, including the amounts paid by the Prior Owner and amounts to be paid for the completion of the outstanding design engineering services by the Developer shall be resolved between the Prior Owner and the Developer. The Developer shall indemnify and hold the City harmless for any claims or disputes regarding the allocation of costs between Developer and the Prior Owner for the design services for the Water/Sewer Infrastructure System performed by the City Engineer. 2.3 As of the Effective Date hereof, the outstanding engineering services costs incurred by the City for the Water/Sewer Infrastructure System estimated in the amount of 3 $271,794.30 (for a total of $485,489.00) (“Estimated Engineering Costs”). Developer agrees to deposit with the City on or before the tenth (10th) day of each calendar month during the term of this Agreement the amounts set forth in Exhibit B attached hereto. Following the Effective Date hereof, the City agrees to advise the Developer’s representatives by email, in advance of incurring further costs and expenses exceeding the Estimated Engineering Costs, requesting written approval of such additional costs and expenses. ARTICLE 3. In General 3.1 The term of this Agreement shall commence upon the date first written above and shall terminate upon completion of all work to be performed by the City Engineer and payment by the Developer in full of all costs incurred by the City in connection with the services provided by the City Engineer. 3.2 In the event of a breach of this Agreement 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 Agreement. In such event, the defaulting party hereby agrees to pay and reimburse the non-defaulting party for all costs and expenses incurred by the non- defaulting party in connection with an action taken to enforce this Memorandum, including reasonable attorney’s fees and court costs. 3.3 This Agreement 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 Agreement shall not be assigned by a party hereto without the prior written consent of the other parties to this Agreement, for which approval shall not be unreasonably withheld or delayed. 3.4 The invalidity of any provisions of this Agreement shall not impair the validity of any other provisions. If any provision of this Agreement is determined by a court of competent jurisdiction to be enforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Agreement, along with the Utility Infrastructure Agreement, the Planned Unit Development Agreement and the Easement Acquisition Memorandum of Understanding entered 4 into between the parties (collectively the “Development Agreements”), and the ordinances of the City set forth the entire understanding of the parties as pertaining to the Project and the Subject Property and the Development Agreements may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Agreement 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: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, IL 60563 Attention: Kathleen Field Orr To Developer: C1 Yorkville, LLC 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a Copy to: Rosanova & Whitaker Ltd. 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Attention: Russell G. Whitaker, III 3.8 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the Effective Date. CITY: United City of Yorkville, Kendall County, Illinois, a municipal corporation By: ________________________________ Mayor Attest: ____________________________________ City Clerk DEVELOPER: C1 Yorkville, LLC, A Delaware limited liability company By: _________________________________ Its 1 EXHIBIT A Legal Description of the Development Site PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18,231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 2 PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF- WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 3 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Eldamain Road and Faxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004. 1 Exhibit B Engineering Agreement – Drawdown Schedule ESTIMATED REMAINING BALANCE $ 271,794.30 DATE ESTIMATED INVOICE VALUE 9/1/2024 $ 29,049.80 10/1/2024 $ 48,548.90 11/1/2024 $ 48,548.90 12/1/2024 $ 48,548.90 1/1/2025 $ 48,548.90 2/1/2025 $ 48,548.90 3/1/2025 $ - Total $ 271,794.30 01485018v9 B-2 EXHIBIT B-1 Easement Acquisition Memorandum of Understanding (To be attached) 1 EASEMENT ACQUISITION MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND C1 YORKVILLE, LLC This Easement Acquisition Memorandum of Understanding (the “Easement MOU”), dated this ____ day of ____________, 2024 (“Effective Date”), is by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville, LLC, a Delaware limited liability company of (the “Developer”). ARTICLE 1. Preambles 1.1 The City is a duly organized and validly existing non-home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Developer is the owner of 228.93 acres located at the northeast corner of Eldamain and Faxon Road, legally described in Exhibit A attached hereto, and identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100-004 and -005; and 02-18-400- 004 (collectively the “Subject Property”), which acquired the Subject Property from Yorkville Nexus, LLC (the “Prior Owner”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an onsite electrical substation (collectively the “Project”) over a ten (10) to twenty (20) year period. 1.3 The Developer recognizes that the Subject Property is not currently served with water or sewer service as required for the Project and has authorized the City to engage the City Engineer to undertake all investigations, analyses, calculations, surveys and cost estimates to design a water main and sanitary sewer line to service the Subject Property, referred to as the Water/Sewer Infrastructure System, pursuant to the terms and conditions as set forth in a Design Engineering Services Agreement by and between the City and the Developer dated ________________, 2024. 1.4 On May 30, 2023, the City passed Ordinance 2023-17 approving a memorandum of understanding between the City and Prior Owner relating to the acquisition of all easements from owners of property through which the City’s Water/Sewer Infrastructure System will be installed, which was signed by the parties on May 30, 2023 (“Prior Easement Acquisition MOU”). 2 Pursuant to the Prior Easement Acquisition MOU, the City commenced the acquisition of all easements from owners of property through which the Water/Sewer Infrastructure System will be installed and the City proceeded to contact the impacted property owners to negotiate the cost to obtain temporary construction easements and a permanent, non-exclusive easements over each of the affected properties in furtherance thereof. ARTICLE 2. Respective Obligations of the City and the Developer 2.1 The City Engineer has prepared some of the documentation and legal descriptions for each of the required temporary construction easements and the non-exclusive, permanent easements and shall continue to prepare the necessary documentation for the acquisition of such rights by the City of all required temporary and permanent, non-exclusive easements upon completion of the final design of the Water/Sewer Infrastructure System. 2.2 The City has also negotiated with property owners by offering the fair market land value for the acquisition of the temporary and permanent easement rights, including losses incurred for crop damage. The City Engineer and the City have estimated the total cost to be expended by the City to acquire all necessary easement rights in connection with the construction of the Water/Sewer Infrastructure System is approximately $135,000, which includes the following: (i) ascertaining the legal title holders of each of the affected properties through title searches by accredited title insurance companies; (ii) to preparing the required plats of easement for each of the affected properties; (iii) to negotiating the acquisition cost for the temporary construction easements and permanent, non-exclusive easements to encumber each property; and, (iv) compensating each owner for crop damage, if applicable (collectively, the “Estimated Easement Costs”). As of the Effective Date hereof, the outstanding easement acquisition costs incurred by the City for the Water/Sewer Infrastructure System is approximately $51,475 none of which has been paid by the Prior Owner as of July 2, 2024). Following the Effective Date hereof, the City agrees to advise the Developer’ representatives by email, in advance of the final acceptance of an offer to be paid to any affected property owner for any temporary construction easements, permanent, non-exclusive easements and crop damage, if applicable, requesting approval of the total amount to be paid. 3 2.3 Concurrent with the execution of this Agreement, City shall deliver an estoppel certificate to Developer evidencing the amounts paid by Prior Owner to City in accordance with the Prior Easement Acquisition MOU as reconciled and agreed upon by City and Prior Owner (“City Estoppel”). Developer hereby agrees to pay all outstanding costs for the easement acquisition costs for the Water/Sewer Infrastructure System in accordance with this Agreement and in reliance upon the City Estoppel, it being understood that any disputes or claims regarding the reimbursement for the easement acquisition costs, if any, including the amounts paid by the Prior Owner and amounts to be paid for the completion of the outstanding easement acquisition costs by the Developer shall be resolved between the Prior Owner and the Developer. The Developer shall indemnify and hold the City harmless for any claims or disputes regarding the allocation of costs between Developer and the Prior Owner for the design services for the Water/Sewer Infrastructure System performed by the City Engineer except for the amounts reconciled between City and Prior Owner as reflected in the City Estoppel. ARTICLE 3. In General 3.1 The term of this Easement MOU shall commence upon the Effective Date first written above and shall terminate upon receipt and recordation of all temporary construction easements and permanent non-exclusive easement and payment by the Developer in full of all costs incurred by the City in connection with this Easement MOU, the completion of which shall not extend past December 1, 2025 without the prior written consent of Developer and City 3.2 In the event of a breach of this Easement MOU 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 Easement MOU. 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 Easement MOU, including reasonable attorney’s fees and court costs. 3.3 This Easement MOU 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 Easement MOU shall not be assigned by a party hereto without the prior written consent of the other party to this Easement MOU, for which approval shall not be unreasonably withheld or delayed. 4 3.4 The invalidity of any provisions of this Easement MOU shall not impair the validity of any other provisions. If any provision of this Easement MOU is determined by a court of competent jurisdiction to be enforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Easement MOU, along with the Design Engineering Agreement, Utility Infrastructure Agreement, and the Planned Unit Development Agreement entered into between the parties (collectively the “Agreements”), and the ordinances of the City set forth the entire understanding of the parties as pertaining to the Project and the Subject Property. The Agreements may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Easement MOU 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 Easement MOU (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: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, IL 60563 Attention: Kathleen Field Orr 5 To C1 Yorkville, LLC: C1 Yorkville, LLC 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a Copy to: Rosanova & Whitaker Ltd. 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Attention: Russell G. Whitaker, III 3.8 This Easement MOU may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 6 IN WITNESS WHEREOF, the parties hereto have caused this Easement MOU 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 C1 Yorkville, LLC, a Delaware limited liability company By: _________________________________ Its 01485018v9 A-1 EXHIBIT A Legal Description of the Development Site PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID 01485018v9 A-2 SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Edamain Road and Foxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004 01485018v9 F-1 EXHIBIT C Water/Sewer Project Preliminary Budget Project Basis for Cost Estimate Amount Lincoln Prairie 16” Water Main Preliminary Cost Estimate prepared by Engineering Enterprises, Inc. dated June 17, 2024 $8,828,350 Project Basis for Cost Estimate Amount Lincoln Prairie - Sanitary Sewer - South Preliminary Cost Estimate prepared by Engineering Enterprises, Inc. dated June 17, 2024 $1,007,200 Project Basis for Cost Estimate Amount Engineering Costs for the Lincoln Prairie 16” Water Main and the Lincoln Prairie - Sanitary Sewer - South Preliminary Cost Estimate prepared by Engineering Enterprises, Inc. $271,000 Easement Acquisition Costs for the Lincoln Prairie 16” Water Main and the Lincoln Prairie – Sanitary Sewer - South Preliminary Easement Acquisition Estimate provided by the City of Yorkville $135,000 01485018v9 F-2 EXHIBIT D Recapture Agreements (Southern Sewer Recapture Agreement and Water Loop Recapture Agreement) [to be attached] SOUTHERN SEWER RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the ____ day of ____________, 2024 (“Effective Date”), by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville, LLC, a Delaware limited liability (“C1”). RECITALS: A. The City has agreed to construct and C1 has agreed to pay all expenses to design and construct all mains, devices and any other equipment and appurtenances thereto required in connection with the southern extension of the City’s sewer system (the “Southern Sewer System”), as depicted on Exhibit A and serving the area legally described on Exhibit B both Exhibits being attached hereto, including all costs incurred by the City to acquire all required permanent easements and temporary constructions easements. B. C1 desires to recapture its costs to design and construct the Southern Sewer System including all required permanent and temporary easements to provide sewer service from the City to properties along the route as depicted and legally described on Exhibit A and as identified by parcel numbers on Exhibit C attached hereto (the “Benefitted Properties”). C. C1 is desirous of entering into this Agreement to provide for the fair and allocable recapture from owners of the Benefitted Properties of a proportion of their costs to provide the Benefitted Properties with the Southern Sewer Service System, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: Section 1. Recapture Costs. An estimate of the costs to construct the extension of the Southern Sewer Service is set forth on Exhibit D attached hereto (the "Recapture Costs"). It is understood and agreed that within thirty (30) days of completion of the construction of the Southern Sewer System, an itemized list of the actual costs shall be submitted to C1 for approval and, upon approval and certification by the City shall be appended hereto as Exhibit E (the “Final Project Costs”). Section 2. Benefitted Properties. Each Benefitted Property is eligible to connect to Southern Sewer System upon satisfaction of the conditions hereinafter set forth. Any time any one of the Benefitted Properties is subdivided into two or more parcels, all of such parcels shall be deemed to be added to the list of Benefitted Properties and equitable share of Recapture Costs as provided in Section 4 shall be revised to reflect each subdivision during the term of this Agreement for purpose of receiving any potential benefit from a connection to the Southern Sewer System. Section 3. Condition Precedent to Connection. A Benefitted Property shall not be eligible to connect to the Sewer Service System unless the Owner has either annexed to the City or entered into a pre-annexation agreement with the City. Section 4. Recapture Cost Allocation. The City has established the percentage of the equitable share of the Recapture Costs to be allocated to each Benefitted Property as listed on Exhibit F. The proportionate share of the cost of the Southern Sewer System to be allocated to a Benefitted Property shall be based upon projected population equivalent (“PE”) for the use to be served, which proportional share shall be adjusted as hereinafter provided in Section 5. Once Final Project Costs are known and certified, a cost per PE shall be established and referred to herein as the Recapture Allocation. For purposes of this Agreement, and based on standard engineering practices, one PE shall be equal to 100 gallons of water per person per day. Section 5. Recalculation of Recapture Costs. The percentage of equitable Recapture Costs to be allocated to each of the Benefitted Properties shall be recalculated and reduced by fifty percent (50% ) upon the first to occur: (i) passage of ten (10) years from the date of submission of the Final Project Costs to C1 for approval; or, (ii) receipt of an amount equal to fifty percent (50%) of the Final Project Costs from the utility tax reimbursement to C1 as allocated pursuant to that certain Utility Infrastructure Agreement by and between the City and C1 dated ______________________, 2024 (the “Utility Infrastructure Agreement”), provided however, in the event the remaining Recapture Costs due to C1 are less than the amount due from the owner of a Benefitted Property, the amount due shall be reduced to the final amount remaining and due to the C1 Section 6. Collection of Recapture Costs. The City shall assess against a Benefitted Property, or any portion thereof, the Recapture Costs as allocated to such Benefitted Property. At such time as a Benefitted Property owner applies to the City for issuance of a permit for connection to the Southern Sewer System, the City shall: (i) collect from such Benefitted Owner, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefitted Property, as may be recalculated pursuant to Section 5; (ii) waive the applicable Recapture Costs owed by the owner of such Benefitted Property and pay said Recapture Costs to C1: or (iii) waive the applicable Recapture Costs in the event the owner of the Benefitted Property does not connect to the Sewer Service. No Benefitted Property shall be issued a connection permit to the Southern Sewer System until such Benefitted Property has fully paid the allocated Recapture Cost owed by such Benefitted Property to the City or the City has waived the owner’s obligation to pay the allocated Recapture Costs and paid such Recapture Costs to C1. Immediately upon receipt of allocated Recapture Costs by the City, the City shall send the same to C1. Section 7. Obligation of the City. Upon annexation of any Benefitted Property to the City, its officers, employees and agents shall make all reasonable efforts to collect the Recapture Costs as calculated, with any adjustments or recalculations made pursuant to Section 5, for each Benefitted Property payable to the City. Section 8. City’s Collection of other Fees and Charges. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Items provided for herein for each Benefitted Property is in addition to such other City fees and charges. Section 9. Term. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date C1 certifies the Final Project Costs as provided in Section 1 (the “Term”), unless sooner terminated. In the event no portion of a Benefitted Property and no connection permit as aforesaid is issued by the City for such Benefitted Property within twenty (20) years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefitted Property, shall become null and void and of no further force and effect as to such Benefitted Property. Notwithstanding the Term of this Agreement, upon receipt by C1 of payment of the certified Final Project Costs, whether from the owners of any of the Benefitted Properties or through the reimbursement of utility tax as provided in the Utility Infrastructure Agreement, this Recapture Agreement shall immediately terminate and all rights of recapture of Final Project Costs on the part of C1 shall cease. Section 10. Lien. This Agreement shall be recorded against the Properties upon completion of the Southern Sewer System and acceptance by the City and attaching Exhibit E with the actual costs of the Southern Sewer System. The recordation by the City of this Agreement against the Benefitted Properties shall create and constitute a lien against each Benefitted Property, and each subdivided lot hereafter contained therein, in the amount of the Recapture Items, plus interest, applicable hereunder to such Benefitted Property. Section 11. Miscellaneous Provisions. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefitted Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the owner of a Benefitted Property. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. Failure of either party to this to insist upon the strict and prompt performance of the terms covenants, agreements and conditions herein contained, or any of them, upon the other party imposed, shall not constitute or be construed as a wavier or relinquishment of the party’s right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office by the County at its sole cost. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefitted Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery or receipt of overnight delivery , or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City With a copy to: United City of Yorkville Kathleen Field Orr 651 Prairie Pointe Kathleen Field Orr & Associates Yorkville, Illinois 60560 40 Terrace Colony Attn: City Administrator Olympia Fields, Illinois 60461 With a copy to: If to C1: It to C1: C1 Yorkville LLC 2850 N. Harwood Street Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a copy to: Mayer Brown LLP 1999 K Street NW Washington, DC 20006 Attention: Emily G. Naughton Email: Email: npapadimitriou@cyrusone.com enaughton@mayerbrown.com With a copy to: Russell G. Whitaker, III 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Telephone 630-355-4600 Fax 630-352-3610 Email: russ@rw-attorneys.com F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefitted Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Attachments: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which, taken together, shall constitute one and the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above as the Effective Date. CITY: United City of Yorkville Attest: By: __________________________ By: __________________________ Mayor City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF ______ ) I, _____________________, a Notary Public in and for said County and State, do hereby certify that , as of , appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ____ day of _______________, 2024. C1: C1 Yorkville LLC, a Delaware limited liability company By:__________________________________ Its: STATE OF ILLINOIS ) ) SS COUNTY OF ______ ) I, _____________________, a Notary Public in and for said County and State, do hereby certify that , as of C1 YORKVILLE LLC , appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ____ day of _______________, 20__. EXHIBIT “A” SOUTHERN SEWER SYSTEM DEPICTION LOFTUS ROBERT M & ILDEFONSA LIV TRUST COMED DEVELOPER OWNED PROPERTY BeecherCorneils DillowIroquois Ko n r a d Nathan JonathanCaledoniaCrestwood RyanTwinleafEldenMcMurtrie High RidgeAl a n D a l e RedbudBoombahShado w W o o d Denise Honeysuckle Canyon Trail CannonballFontana GabrielNorthlandYellowstone Commercial CatalpaLaurenEldamainOsbronKeller PinewoodCanyon Alice Faxon SumacWinterberry Goldenrod Faxon Deames Faxon 36" 30"30 0 2,000 4,000 Feet Legend POTENTIAL DEVELOPMENT YORKVILLE BOUNDARY TRIBUTARY AREA PROPOSED SANITARY SEWER EXISTING SANITARY SEWER Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con EXHIBIT A POTENTIAL RECAPTURE DATE: JULY 2024United City of Yorkville 651 Prairie Pointe Dr Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us SOUTHERN SANITARY SEWER UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2426 PATH: H:/GIS/PUBLIC/YORKVILLE/2024/ FILE: . MIGUEL & SANDRA E CAMACHO PETER & CHERYL SCHMIT BRUMMEL FAMILY TRUST 4 Exhibit A Southern Sanitary Sewer PROPOSED SANITARY SEWER PROPERTY PIN BRUMMEL FAMILY TRUST 4 02-19-100-001 MIGUEL SANDRA E CAMACHO 02-19-100-003 PETER CHERYL SCHMIT 02-19-100-002 ROBERT M ILDEFONSNA TRUST LOFTUS 02-18-400-002 02-17-300-002 EXHIBIT “B” LEGALLY DESCRIBED BENEFITTED PROPERTIES Exhibit B THAT PART OF THE FOLLOWING DESCRIBED PROPERTY BEING IN THE SOUTHWEST QUARTER OF SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND LYING NORTH OF THE NORTH LINE OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35 MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER UNE TO THE CENTER OF ROB ROY CREEK; THENCE NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19; THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 2.30 CHAINS; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 WHICH IS 5.50 CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER QUARTER TO THE SOUTH RIGHT-OF- WAY LINE OF THE CHICAGO, ^BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Loftus 02-18-400-005, (pt) 02-17-300-002 Exhibit B A PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 34 SECONDS WEST 748.70 FEET (REC = 748.44 FEET) ALONG THE WEST LINE OF SAID QUARTER SECTION TO THE NORTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY; THENCE NORTH 74 DEGREES 19 MINUTES 25 SECONDS EAST (REC = NORTH 67 DEGREES 10 MINUTES EAST) 1201.86 FEET ALONG THE NORTH LINE OF SAID RAILROAD LAND; THENCE NORTH 04 DEGREES 21 MINUTES 46 SECONDS EAST (REC = NORTH 4 DEGREES 40 MINUTES WEST) TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 88 DEGREES 35 MINUTES 12 SECONDS WEST 1191.98 FEET (REC = 1191.96 FEET), ALONG SAID NORTH LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING. SITUATED IN THE TOWNSHIP OF BRISTOL KENDALL COUNTY, ILLINOIS. Brummel 02-19-100-001 (FILE WITH PAUL P. ANDERSON, RECORDER OF DEEDS OF KENDALL COUNTY) STATE OF ILLINOIS } SS. DOCUMENT# COUNTY OF KENDALL DANIEL J. KRAMER , being duly sworn on oath, states that 1107A S3 Bridge Street, Yorkville, IL 60560 resides at ___________________________________________________________ ________ ________________ _ That the attached deed represents: 1. jA distinct separate parcel on record prior to July 17,1959. 2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10,1971. 3. The division or subdivision of the land is into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access. 4. The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access. 5. The sale or exchange of parcels of land is between owners of adjoining and contiguous land. 6. The conveyance is of parcels of land or interests therein for use as right of way for railroads or other public utility facilities, which does not involve any new streets or easement of access. 7. The conveyance is of land owned by a railroad or other public utility which does not involve any new streets or easements of access. 8. The conveyance is of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. 9. The conveyance is made to correct descriptions in prior conveyances. 10. The sale or exchange is of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements of access. 11. The sale is of a single lot of less than five acres from a larger tract, evidenced by a survey made by a registered surveyor which single lot is the first sale from said larger tract as determined by the dimensions and configurations thereof on October 1, 1973, and which sale does not violate any local requirements applicable to the subdivision of land. CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED Affiant further states that makes this affidavit for the purpose of ipducidg the R$corder/5f De^s o/ Kendall County, Illinois, to accept the attached deed for recording. DANIEL KRAMER, Attorney at Law SUBSCRIBED AND SWORN to before me Notary Public Exhibit B THAT PART OF THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 18.06 CHAINS EAST OF THE NORTHWEST CORNER OF SAID SECTION, THENCE EAST ALONG SAID NORTH LINE 9.33 CHAINS, THENCE SOUTH 80 DEGREES 30 MINUTES 0 SECONDS EAST, 7.80 CHAINS TO THE NORTHERLY TINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RIGHT OF WAY, THENCE 67 DEGREES 10 MINUTES 0 SECONDS WEST, 17.97 CHAINS ALONG SAID NORTHERLY LINE TO A POINT 18.21 CHAINS EAST OF THE WEST LINE OF SAID SECTION (MEASURED ALONG SAID NORTHERLY LINE), THENCE NORTH 2 DEGREES 45 MINUTES 0 SECONDS WEST 6.86 CHAINS TO THE POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 18.06 CHAINS FOR THE POINT OF BEGINNING, THENCE EAST ALONG SAID NORTH LINE 208.75 FEET, THENCE SOUTH 02 DEGREES 45 MINUTES 0 SECONDS EAST 208.75 FEET, THENCE WEST PARALLEL WITH SAID NORTH LINE 208.75 FEET, THENCE NORTH 02 DEGREES 45 MINUTES 0 SECONDS WEST 208.71 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Camacho 02-19-100-003 Exhibit B THAT PART OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION, 18.06 CHAINS FOR THE POINT OF BEGINNING; THENCE EAST ALONG SAID NORTH LINE 208.75 FEET; THENCE SOUTH 02 DEGREES 45 MINUTES EAST 208.75 FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE 208.75 FEET; THENCE NORTH 02 DEGREES 45 MINUTES WEST 208.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Schmidt 02-19-100-002 EXHIBIT “C” PACREL NUMBERS OF BENEFITTED PROPERTIES Pin List – Southern Sanitary Sewer Connection 02-19-100-001 BRUMMEL 02-19-100-003 CAMACHO 02-19-100-002 SCHMIT 02-18-400-002 LOFTUS 02-17-300-002 EXHIBIT “D” RECAPTURE COSTS PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 EACH 2 3,000.00$ 6,000.00$ 2 LSUM 1 3,000.00$ 3,000.00$ 3 FOOT 2,800 3.00$ 8,400.00$ 4 LSUM 1 20,000.00$ 20,000.00$ 5 CUYD 65 50.00$ 3,250.00$ 6 CUYD 70 60.00$ 4,200.00$ 7 FOOT 50 125.00$ 6,250.00$ 8 EACH 6 10,000.00$ 60,000.00$ 9 FOOT 1,790 250.00$ 447,500.00$ 10 FOOT 110 $ 260.00 $ 28,600.00 11 FOOT 110 800.00$ 88,000.00$ 12 EACH 1 10,000.00$ 10,000.00$ 13 FOOT 1,900 5.00$ 9,500.00$ 14 FOOT 1,900 5.00$ 9,500.00$ 15 EACH 6 500.00$ 3,000.00$ 16 FOOT 1,900 5.00$ 9,500.00$ 17 SQYD 20 100.00$ 2,000.00$ 18 TONS 50 70.00$ 3,500.00$ 19 LSUM 1 30,000.00$ 30,000.00$ SUBTOTAL 752,200.00$ CONTINGENCY (20%)150,000.00$ TOTAL 902,200.00$ CONSTRUCTION ENGINEERING 105,000.00$ 1,007,200.00$ NOTES: - OPEN CUT ROB ROY CREEK - FOUNDATION MATERIAL + NON-SPECIAL, NON-HAZARDOUS WASTE DISPOSAL ARE ASSUMED QUANTITIES 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL TRAFFIC CONTROL AND PROTECTION TOTAL PRELIMINARY COST ESTIMATE DEFLECTION TESTING SANITARY SEWER TELEVISING SANITARY SEWER SANITARY MANHOLE VACUUM TESTING PRESSURE TESTING SANITARY SEWER HMA PAVEMENT REMOVAL AND REPLACEMENT CONNECT TO EXISTING SANITARY MANHOLE STABILIZED CONSTRUCTION ENTRANCE TREE REMOVAL PERIMETER EROSION BARRIER TOPSOIL STRIP, STOCKPILE & REPLACEMENT FOUNDATION MATERIAL SELECT GRANULAR BACKFILL FIELD TILE REPLACEMENT TYPE A SANITARY MANHOLE 4' DIAMETER, TYPE 1 FR & CL SEWER CONSTRUCTION-PIPE SEWERS, 15-INCH, PVC SDR-26 SEWER CONSTRUCTION-PIPE SEWERS, 15-INCH, PVC CERTA-LOK BORE AND JACK 24" STEEL CASING PIPE (SANITARY SEWER NOT INCLUDED) ITEM June 17, 2024 SOUTHERN SANITARY SEWER CONNECTION YO2216-DR KDW EXHIBIT “E” FINAL PROJECT COSTS EXHIBIT “F” RECAPTURE COSTS ALLOCATED TO EACH BENEFITTED PROPERTY Project:Southern Sanitary Sewer Connection Total Estimated Cost:1,102,707.00$ Total Estimated Oversizing Cost (12" to 15"):95,000.00$ Tributary Properties:Acres % Contribution Potential Recapture Cyrus One 228 79.7%- Brummel 15 5.2%4,980.78$ Schmit 1 0.3%332.05$ Camacho 6 2.1%1,992.31$ Loftus 28 9.8%9,297.45$ Comed 0 0.0%-$ Papendick 8.1 2.8%2,689.62$ Total 286.1 100.0%19,292.21$ WATER LOOP SYSTEM RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the ____ day of ____________, 2024 (“Effective Date”), by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and C1 Yorkville, LLC, a Delaware limited liability (“C1”). RECITALS: A. The City has agreed to construct and C1 has agreed to pay all expenses to design and construct all mains, devices and any other equipment and appurtenances thereto required in connection with the water loop extension of the City’s water system (the “Water Loop System”), as depicted on Exhibit A and serving the area legally described on Exhibit B both Exhibits being attached hereto, including all costs incurred by the City to acquire all required permanent easements and temporary constructions easements. B. C1 desires to recapture its costs to design and construct the Water Loop System including all required permanent and temporary easements to provide water service from the City to properties along the route as depicted and legally described on Exhibit A and as identified by parcel numbers on Exhibit C attached hereto (the “Benefitted Properties”). C. C1 is desirous of entering into this Agreement to provide for the fair and allocable recapture from owners of the Benefitted Properties of a proportion of their costs to provide the Benefitted Properties with the Water Loop System, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: Section 1. Recapture Costs. An estimate of the costs to construct the extension of the Water Loop System is set forth on Exhibit D attached hereto (the "Recapture Costs"). It is understood and agreed that within thirty (30) days of completion of the construction of the Water Loop System, an itemized list of the actual costs shall be submitted to C1 for approval and, upon approval and certification by the City shall be appended hereto as Exhibit E (the “Final Project Costs”). Section 2. Benefitted Properties. Each Benefitted Property is eligible to connect to Water Loop System upon satisfaction of the conditions hereinafter set forth. Any time any one of the Benefitted Properties is subdivided into two or more parcels, all of such parcels shall be deemed to be added to the list of Benefitted Properties and equitable share of Recapture Costs as provided 2 in Section 4 shall be revised to reflect each subdivision during the term of this Agreement for purpose of receiving any potential benefit from a connection to the Water Loop System. Section 3. Condition Precedent to Connection. A Benefitted Property shall not be eligible to connect to the Water Loop System unless the Owner has either annexed to the City or entered into a pre-annexation agreement with the City. Section 4. Recapture Cost Allocation. The City has established the percentage of the equitable share of the Recapture Costs to be allocated to each Benefitted Property as listed on Exhibit F. The proportionate share of the cost of the Water Loop System to be allocated to a Benefitted Property shall be based upon linear frontage of the property relative to the Water Loop System for the use to be served, which proportional share shall be adjusted as hereinafter provided in Section 5. Section 5. Recalculation of Recapture Costs. The percentage of equitable Recapture Costs to be allocated to each of the Benefitted Properties shall be recalculated and reduced by fifty percent (50% ) upon the first to occur: (i) passage of ten (10) years from the date of submission of the Final Project Costs to C1 for approval; or, (ii) receipt of an amount equal to fifty percent (50%) of the Final Project Costs from the utility tax reimbursement to C1 as allocated pursuant to that certain Utility Infrastructure Agreement by and between the City and C1 dated ______________________, 2024 (the “Utility Infrastructure Agreement”), provided however, in the event the remaining Recapture Costs due to C1 are less than the amount due from the owner of a Benefitted Property, the amount due shall be reduced to the final amount remaining and due to the C1. Section 6. Collection of Recapture Costs. The City shall assess against a Benefitted Property, or any portion thereof, the Recapture Costs as allocated to such Benefitted Property. At such time as a Benefitted Property owner applies to the City for issuance of a permit for connection to the Water Loop System, the City shall: (i) collect from such Benefitted Owner, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefitted Property, as may be recalculated pursuant to Section 5; (ii) waive the applicable Recapture Costs owed by the owner of such Benefitted Property and pay said Recapture Costs to C1: or (iii) waive the applicable Recapture Costs in the event the owner of the Benefitted Property does not connect to the Water Service. No Benefitted Property shall be issued a connection permit to the Water Loop System until such Benefitted Property has fully paid the allocated Recapture Cost owed by such Benefitted Property to the City or until the City has waived the owner’s obligation to pay the allocated Recatpure Costs 3 and the City has paid Recapture Costs to C1. Immediately upon receipt of allocated Recapture Costs by the City, the City shall send the same to C1. Section 7. Obligation of the City. Upon annexation of any Benefitted Property to the City, its officers, employees and agents shall make all reasonable efforts to collect the Recapture Costs as calculated, with any adjustments or recalculations made pursuant to Section 5, for each Benefitted Property payable to the City. Section 8. City’s Collection of other Fees and Charges. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Items provided for herein for each Benefitted Property is in addition to such other City fees and charges. Section 9. Term. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date C1 certifies the Final Project Costs as provided in Section 1 (the “Term”), unless sooner terminated. In the event no portion of a Benefitted Property and no connection permit as aforesaid is issued by the City for such Benefitted Property within twenty (20) years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefitted Property, shall become null and void and of no further force and effect as to such Benefitted Property. Notwithstanding the Term of this Agreement, upon receipt by C1 of payment of the certified Final Project Costs, whether from the owners of any of the Benefitted Properties or through the reimbursement of utility tax as provided in the Utility Infrastructure Agreement, this Recapture Agreement shall immediately terminate and all rights of recapture of Final Project Costs on the part of C1 shall cease. Section 10. Lien. This Agreement shall be recorded against the Properties upon completion of the Water Loop System and acceptance by the City and attaching Exhibit E with the actual costs of the Water Loop System. The recordation by the City of this Agreement against the Benefitted Properties shall create and constitute a lien against each Benefitted Property, and each subdivided lot hereafter contained therein, in the amount of the Recapture Items, plus interest, applicable hereunder to such Benefitted Property. Section 11. Miscellaneous Provisions. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefitted Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the owner of a Benefitted Property. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. Failure of either party to this to insist upon the strict and prompt performance of the terms covenants, agreements and conditions herein contained, or any of them, upon the other party imposed, shall not constitute or be construed as a wavier or relinquishment of the party’s right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office by the County at its sole cost. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefitted Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery or receipt of overnight delivery, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Kathleen Field Orr & Associates 40 Terrace Colony Olympia Fields, Illinois 60461 It to C1: C1 Yorkville LLC 2850 N. Harwood Street Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou Email: npapadimitriou@cyrusone.com With a copy to: Mayer Brown LLP 1999 K Street NW Washington, DC 20006 Attention: Emily G. Naughton Email: enaughton@mayerbrown.com With a copy to: Russell G. Whitaker, III 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Telephone 630-355-4600 Fax 630-352-3610 Email: russ@rw-attorneys.com F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefitted Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Attachments: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which, taken together, shall constitute one and the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above as the Effective Date. CITY: United City of Yorkville Attest: By: __________________________ By: __________________________ Mayor City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF ______ ) I, _____________________, a Notary Public in and for said County and State, do hereby certify that , as of , appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ____ day of _______________, 2024. ____________________________________ C1: C1 Yorkville LLC, a Delaware limited liability company By:__________________________________ Its: STATE OF ILLINOIS ) ) SS COUNTY OF ______ ) I, _____________________, a Notary Public in and for said County and State, do hereby certify that , as of C1 YORKVILLE LLC , appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ____ day of _______________, 20__. ____________________________________ EXHIBIT “A” LOOP WATER SYSTEM DEPICTION M cM urtrieBeecherCorneils IroquoisDillow Fairhaven Nathan Jo n a t h an DoverCaledoniaCrestwood RyanFaxon EssexNewburyEldenWhite Plains High RidgeAl a n Da l e Redbud S hadow Wood Denise D overH o n e y s u c k l eLongview Canyon Trail BoomerFontana GabrielNorthlandPat r ic iaAma nda Yellowstone Boombah CatalpaLaurenEldamainS w a n s o n OsbronPinewoodCanyon Twinleaf L e x in g t o n Alice SumacWinterberry Cannonball G o l d e n r o d C o m mercial Faxon BridgeFaxon Deames 0 2,000 Feet POTENTIAL DEVELOPMENT Existing Water Main Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con EXHIBIT A POTENTIAL RECAPTURE DATE: JULY 2024United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 http://www.yorkville.il.us ELDAMAIN WATER MAIN LOOP UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2426 PATH: H:/GIS/PUBLIC/YORKVILLE/2024/ FILE: PROPOSED 16" WATER MAIN . PROPOSED 12" WATER MAIN PROPOSED 16" WATER MAIN HG F D C B A Exhibit A Southern Sanitary Sewer CITY ROW AREA CITY ROW AREA DEVELOPER OWNED AREA E PROPERTY FRONTAGE PIN A FLORIAN DEC TRUST CZINKI 450 FT 02-17-201-002 B CLASSIC INVESTMENTS LLC 650 FT 02-17-100-011 02-17-100-012 C JOHN MEYER 3,500 FT 02-17-100-004 02-17-100-010 02-18-200-004 D SOO GREEN 1,500 FT 02-18-100-003 E YORKVILLE NEXUS LLC 2,900 FT 02-18-100-005 F ROBERT M ILDEFONSNA TRUST LOFTUS 1,050 FT 02-19-200-001 02-18-400-006 G WAYNE LIV TRUST & CRUISE DELORES LIV TRUST CRUISE 1,000 FT 02-19-200-005 H KELAKA LLC 425 FT 02-19-200-008 02-19-100-011 EXHIBIT “B” LEGALLY DESCRIBED BENEFITTED PROPERTIES Exhibit B THAT PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF THE NORTH EAST QUARTER OF SAID SECTION 17; THENCE EASTERLY, ALONG THE NORTH LINE OF THE NORTH EAST QUARTER OF SAID SECTION 17, A DISTANCE OF 892.02 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED TRACT OF LAND; THENCE CONTINUING EASTERLY, ALONG SAID NORTH LINE ON A STRAIGHT LINE EXTENSION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 440.00 FEET TO THE NORTH EAST CORNER OF THE WEST HALF OF THE NORTH EAST QUARTER OF SAID SECTION 17; THENCE SOUTHERLY, ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID SECTION 17, AT AN ANGLE OF 88 DEGREES, 25 MINUTES, 57 SECONDS AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 495.19 FEET; THENCE WESTERLY, ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE NORTH EAST QUARTER OF SAID SECTION 17, AT AN ANGLE 91 DEGREES, 34 MINUTES, 03 SECONDS AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 440.00 FEET; THENCE NORTHERLY, ALONG A LINE PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID SECTION 17, AT AN ANGLE OF 88 DEGREES, 25 MINUTES, 57 SECONDS, AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 495.19 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Czinki 02-17-201-002 Exhibit B THE NORTH 990.79 FEET OF THE EAST 630.00 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Classic Investments 02-17-100-012 & 02-17-100-011 Exhibit B THAT PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE EAST 1/2 OF THE NORTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE NORTHEAST QUARTER OF SECTION 18, THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE NORTHEAST QUARTER 1668.70 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72-892, THENCE NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE, 2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, THENCE SOUTH 00 DEGREES, 22 MINUTES, 56 SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE NORTH 88 DEGREES, 20 MINUTES, 43 SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID NORTHWEST QUARTER, 1543.12 FEET, THENCE NORTH 88 DEGREES, 07 MINUTES, 57 SECONDS EAST 663.59 FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE SOUTH 87 DEGREES, 58 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17, 1353.09 FEET, THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72 FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER LINE OF CORNEILS ROAD, THENCE NORTH 85 DEGREES, 28 MINUTES, 45 SECONDS WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD, 2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 1091.77 FEET FOR A POINT OF BEGINNING, THENCE SOUTH 88 DEGREES, 28 MINUTES ,22 SECONDS WEST ALONG SAID NORTH LINE 261.32 FEET, THENCE SOUTH 07 DEGREES, 23 MINUTES, 50 SECONDS EAST, 291.32 FEET, THENCE NORTH 37 DEGREES, 05 MINUTES, 47 SECONDS EAST, 370.92 FEET TO THE POINT OF BEGINNING), IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND ALSO EXCEPTING THEREFROM THE NORTH 990.79 FEET OF THE EAST 630.00 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Meyer 02-17-100-010, 02-17-100-004, 02-18-200-004 Exhibit B THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 1643.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, 1477.01 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 926.62 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 163.69 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 52 SECONDS EAST, 252.72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST, 164.12 FEET TO A POINT ON SAID EAST LINE; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID EAST LINE, 249.67 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST 1477.90 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388.90 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. SOO Green 02-18-100-003 Exhibit B THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1643.82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST 1385.95 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 1644.76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4, 1644.76 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 1339.30 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS EXCEPTING FROM SAID PARCEL FIVE THAT PART CONVEYED TO KENDALL COUNTY, ILLINOIS HIGHWAY DEPARTMENT BY INSTRUMENT RECORDED AS DOCUMENT 201300009343 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH 87 DEGREES 30 MINUTES 43 SECONDS EAST 73.98 FEET ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 02 DEGREES 29 MINUTES 17 SECONDS EAST 40.00 FEET TO A POINT ON THE SOUTHERLY EXISTING RIGHT OF WAY OF CORNEILS ROAD AND EASTERLY OF EXISTING RIGHT OF WAY OF COUNTY HIGHWAY 7, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 30 MINUTES 43 SECONDS EAST 21.27 FEET ALONG THE SOUTHERLY EXISTING RIGHT OF WAY OF CORNEILS ROAD; THENCE SOUTH 43 DEGREES 10 MINUTES 54 SECONDS WEST 30.54 FEET TO THE EASTERLY EXISTING RIGHT OF WAY OF COUNTY HIGHWAY 7; THENCE NORTH 00 DEGREES 56 MINUTES 02 SECONDS WEST 21.35 FEET ALONG THE EASTERLY EXISTING RIGHT OF WAY OF COUNTY HIGHWAY 7 TO THE POINT OF BEGINNING. Yorkville Nexus 02-18-100-005 Exhibit B ONLY THAT PART FALLING IN SECTIONS 18 AND 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE SOUTHERN RIGHT OF WAY OF RAILROAD RIGHT OF WAY AS DESCRIBED IN THE FOLLOWING PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 17; PART OF THE SOUTHEAST QUARTER OF SECTION 18 AND PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35 MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19; THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 2.30 CHAINS: THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 WHICH IS 5.50 CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER QUARTER OF THE SOUTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY AND EXCEPT ANY PART LYING NORTHERLY THEREOF) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Loftus 02-18-400-006, 02-19-200-001 Exhibit B THAT PART OF THE NORTH EAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 0 DEGREES, 46 MINUTES, 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET: THENCE NORTH 83 DEGREES, 55 MINUTES, 03 SECONDS WEST, 120.00 FEET: THENCE NORTH 22 DEGREES, 13 MINUTES, 31 SECONDS EAST, 296.51 FEET: THENCE NORTH 46 DEGREES, 38 MINUTES, 37 SECONDS EAST, 788.19 FEET: THENCE NORTH 68 DEGREES, 41 MINUTES, 58 SECONDS EAST, 598.45 FEET: THENCE NORTH 45 DEGREES, 58 MINUTES, 23 SECONDS EAST, 375.55 FEET: THENCE NORTH 48 DEGREES, 02 MINUTES, 41 SECONDS EAST, 242.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 48 DEGREES, 12 MINUTES, 10 SECONDS EAST, 692.93 FEET TO A POINT IN THE CENTERLINE OF FAXON ROAD; THENCE NORTH 79 DEGREES, 19 MINUTES, 23 SECONDS WEST, ALONG SAID CENTERLINE 184.02 FEET; THENCE NORTH 76 DEGREES, 33 MINUTES, 23 SECONDS WEST ALONG SAID CENTERLINE 630.71 FEET; THENCE NORTH 74 DEGREES, 54 MINUTES, 09 SECONDS WEST ALONG SAID CENTERLINE 350.00 FEET; THENCE SOUTH 13 DEGREES, 26 MINUTES, 37 SECONDS WEST, 576.50 FEET; THENCE SOUTH 76 DEGREES, 33 MINUTES, 23 SECONDS EAST, 769.31 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES, 46 MINUTES 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 120.0 FEET; THENCE NORTH 22 DEGREES 13 MINUTES 31 SECONDS EAST, 296.51 FEET; THENCE NORTH 46 DEGREES 38 MINUTES 37 SECONDS EAST, 788.19 FEET; THENCE NORTH 68 DEGREES 41 MINUTES 58 SECONDS EAST, 598.45 FEET; THENCE NORTH 45 DEGREES 58 MINUTES 23 SECONDS EAST, 375.65 FEET; THENCE NORTH 48 DEGREES 02 MINUTES 41 SECONDS EAST, 242.00 FEET; THENCE NORTH 48 DEGREES 12 MINUTES 10 SECONDS EAST, 692.93 FEET TO A POINT IN THE CENTER LINE OF FAXON ROAD; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTER LINE, 184.02 FEET; THENCE NORTH 76 DEGREES 33 MINUTES 23 SECONDS WEST ALONG SAID CENTER LINE, 630.71 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID FAXON ROAD CENTER LINE, 327.00 FEET FOR A POINT OF BEGINNING; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID CENTER LINE 23.0 FEET; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 570.50 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 96.37 FEET TO A LINE DRAWN SOUTH 06 DEGREES 06 MINUTES 20 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 06 MINUTES 20 SECONDS EAST, 574.54 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Cruise 02-19-200-005 Exhibit B THAT PART OF THE FOLLOWING DESCRIBED PROPERTY BEING IN SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE SOUTH 0 DEGREES, 39 MINUTES, 04 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET; THENCE SOUTH 82 DEGREES, 38 MINUTES, 28 SECONDS EAST, 1885.72 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES, 38 MINUTES, 28 SECONDS WEST, 1885.72 FEET TO THE EAST LINE OF SAID SECTION 19; THENCE NORTH 81 DEGREES, 25 MINUTES, 39 SECONDS WEST, 839.38 FEET TO A LINE DRAWN NORTH 88 DEGREES, 28 MINUTES, 32 SECONDS EAST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES, 28 MINUTES, 32 SECONDS WEST, 1826.22 FEET TO THE CENTER OF SAID SECTION 19; THENCE SOUTH 0 DEGREES, 45 MINUTES, 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 83 DEGREES, 55 MINUTES, 03 SECONDS WEST, 1944.30 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, WHICH IS 1930.58 FEET SOUTH 88 DEGREES, 28 MINUTES, 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES, 28 MINUTES, 32 SECONDS WEST ALONG SAID NORTH LINE. 204.60 FEET; THENCE NORTH 3 DEGREES, 24 MINUTES, 35 SECOND EAST 2079.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD, INC.; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE ON A BEARING OF NORTH 73 DEGREES, 57 MINUTES, 26 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 2417.61 FEET; THENCE SOUTH 0 DEGREES, 41 MINUTES, 37 SECONDS WEST 565.44 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE SOUTH 74 DEGREES, 54 MINUTES, 09 SECONDS EAST, ALONG SAID CENTER LINE 1028.97 FEET; THENCE SOUTH 76 DEGREES, 33 MINUTES, 23 SECONDS EAST, ALONG SAID CENTERLINE 630.71 FEET; THENCE SOUTH 79 DEGREES, 19 MINUTES, 23 SECONDS EAST ALONG SAID CENTERLINE 904.87 FEET; THENCE SOUTH 80 DEGREES, 15 MINUTES, 53 SECONDS EAST ALONG SAID CENTERLINE 765.83 FEET; THENCE SOUTH 80 DEGREES, 27 MINUTES, 23 SECONDS EAST, ALONG SAID CENTER LINE 351.94 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND AS CONVEYED TO FRANCIS G. YABSLEY AND PHYLLIS A. YABSLEY, BY DOCUMENT NUMBER 865742, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, KENDALL COUNTY, ILLINOIS; THENCE ALONG THE WEST LINE OF SAID YABSLEY TRACT, SOUTH 09 DEGREES, 32 MINUTES, 37 SECONDS WEST, 460.00 FEET TO THE SOUTHWEST CORNER OF SAID YABSLEY TRACT; THENCE ALONG THE SOUTH LINE OF SAID YABSLEY TRACK, SOUTH 80 DEGREES, 27 MINUTES, 23 SECONDS EAST, 475.00 FEET TO THE SOUTHEAST CORNER OF SAID YABSLEY TRACT; THENCE ALONG THE EAST LINE OF SAID YABSLEY TRACT, NORTH 09 DEGREES, 32 MINUTES, 37 SECONDS EAST, 460.00 FEET TO THE NORTHEAST CORNER OF SAID YABSLEY TRACT, SAID POINT ALSO BEING IN THE CENTERLINE OF SAID FAXON ROAD; THENCE ALONG SAID CENTERLINE, SOUTH 80 DEGREES, 27 MINUTES, 23 SECONDS EAST, 275.00 FEET; THENCE SOUTH 04 DEGREES, 21 MINUTES, 17 SECONDS WEST, 1549.81 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THE PART FALLING IN THE FOLLOWING DESCRIBED LAND: THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 39 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE OF 1885.72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD: THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00 FEET: THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST A DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37 SECONDS EAST, A DISTANCE OF 460.00 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG SAID ROAD CENTERLINE, A DISTANCE OF 351.94 FEET; THENCE NORTH 80 DEGREES 15 MINUTES 53 SECONDS WEST, ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 765.83 FEET; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD CENTERLINE, A DISTANCE OF 332.13 FEET: THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 698.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 971.15 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 39 SECONDS EAST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. AND EXCEPT THE PART FALLING IN THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 46 MINUTES 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 120.0 FEET; THENCE NORTH 22 DEGREES 13 MINUTES 31 SECONDS EAST, 296.51 FEET; THENCE NORTH 46 DEGREES 38 MINUTES 37 SECONDS EAST 788.19 FEET; THENCE NORTH 68 DEGREES 41 MINUTES 58 SECONDS EAST, 390.87 FEET FOR A POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 MINUTES 58 SECONDS EAST, 207.58 FEET; THENCE NORTH 45 DEGREES 58 MINUTES 23 SECONDS EAST, 375.65 FEET; THENCE NORTH 48 DEGREES 02 MINUTES 41 SECONDS EAST, 242.00 FEET; THENCE NORTH 48 DEGREES 12 MINUTES 10 SECONDS EAST, 692.93 FEET TO A POINT IN THE CENTER LINE OF FAXON ROAD; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTER LINE, 184.02 FEET; THENCE NORTH 76 DEGREES 33 MINUTES 23 SECONDS WEST ALONG SAID CENTER LINE, 630.71 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID FAXON ROAD CENTER LINE, 327.00 FEET; THENCE SOUTH 06 DEGREES 6 MINUTES 20 SECONDS WEST, 574.54 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 56 SECONDS EAST, 654.81 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO WAYNE AND DELORES CRUISE BY A TRUSTEE’S DEED RECORDED JUNE 4, 1990 AS DOCUMENT NO. 903549 IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. AND EXCEPT THE PART IN THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NE QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19,THENCE SOUTH 0 DEGREES 46 MINUTES 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 63 DEGREES 66 MINUTES 03 SECONDS WEST, 120.00 FEET; THENCE NORTH 22 DEGREES 13 MINUTES 31 SECONDS EAST, 296.61 FEET; THENCE NORTH 46 DEGREES 38 MINUTES 37 SECONDS EAST, 788.19 FEET; THENCE NORTH 68 DEGREES 41 MINUTES 68 SECONDS EAST, 698.46 FEET: THENCE NORTH 45 DEGREES 68 MINUTES 23 SECONDS EAST, 375.65 FEET: THENCE NORTH 48 DEGREES 02 MINUTES 41 SECONDS EAST, 242.00 FOR FOR THE POINT OF BEGINNING; THENCE NORTH 46 DEGREES 12 MINUTES 10 SECONDS EAST, 692.93 FEET TO A POINT IN THE CENTERLINE OF FAXON ROAD; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTERLINE, 184.02 FEET, THENCE NORTH 76 DEGREES 33 MINUTES 23 SECONDS WEST ALONG SAID CENTERLINE, 630.71 FEET; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID CENTERLINE, 350.00 FEET; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 670.60 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 759.31 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Kelaka 02-19-200-008 & 02-19-100-011 EXHIBIT “C” PARCEL NUMBERS OF BENEFITTED PROPERTIES PIN List Water Main Loop 02-17-201-002 CZINKI 02-17-100-012 & 02-17-100-011 CLASSIC INVESTMENTS 02-17-100-004 & 02-17-100-010 & 02-18-200-004 MEYER 02-18-100-003 SOO GREEN 02-18-100-005 YORKVILLE NEXUS 02-19-200-001 & 02-18-400-006 LOFTUS 02-19-200-005 CRUISE 02-19-200-008 & 02-19-100-011 KELAKA EXHIBIT “D” RECAPTURE COSTS PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 EACH 7 2,000.00$ 14,000.00$ 2 L SUM 1 15,000.00$ 15,000.00$ 3 FOOT 24,500 3.00$ 73,500.00$ 4 LSUM 1 80,000.00$ 80,000.00$ 5 FOOT 1,300 200.00$ 260,000.00$ 6 FOOT 22,500 215.00$ 4,837,500.00$ 7 FOOT 90 255.00$ 22,950.00$ 8 FOOT 230 750.00$ 172,500.00$ 9 EACH 3 6,000.00$ 18,000.00$ 10 EACH 3 10,000.00$ 30,000.00$ 11 EACH 2 9,000.00$ 18,000.00$ 12 EACH 35 12,000.00$ 420,000.00$ 13 EACH 35 10,000.00$ 350,000.00$ 14 LBS 10,000 12.00$ 120,000.00$ 15 LSUM 1 $ 70,000.00 70,000.00$ 16 SQYD 130 60.00$ 7,800.00$ 17 FOOT 1,700 60.00$ 102,000.00$ 18 CUYD 400 50.00$ 20,000.00$ 19 FOOT 100 125.00$ 12,500.00$ 20 SQYD 1,200 18.00$ 21,600.00$ 21 TONS 100 70.00$ 7,000.00$ 22 LSUM 1 35,000.00$ 35,000.00$ 23 LSUM 1 150,000.00$ 150,000.00$ SUBTOTAL 6,857,350.00$ CONTINGENCY (20%)1,371,000.00$ TOTAL 8,228,350.00$ CONSTRUCTION ENGINEERING 600,000.00$ 8,828,350.00$ NOTES: - FOUNDATION MATERIAL + NON-SPECIAL, NON-HAZARDOUS WASTE DISPOSAL ARE ASSUMED QUANTITIES 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com STABILIZED CONSTRUCTION ENTRANCE TREE REMOVAL PERIMETER EROSION BARRIER TOPSOIL STRIP, STOCKPILE & REPLACEMENT NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL RAILROAD PROTECTIVE LIABILITY INSURANCE TRAFFIC CONTROL AND PROTECTION TOTAL PRELIMINARY COST ESTIMATE HMA PAVEMENT REMOVAL AND REPLACEMENT FENCE REMOVAL AND REPLACEMENT FOUNDATION MATERIAL FIELD TILE REPLACEMENT RESTORATION CONNECT TO EXISTING WATER MAIN, 16" BUTTERFLY VALVE, 12-INCH IN 60-INCH VALVE VAULT BUTTERFLY VALVE, 16-INCH IN 60-INCH VALVE VAULT FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ DUCTILE IRON FITTINGS WATER MAIN TESTING - PRESSURE AND DISINFECTION CONNECT TO EXISTING WATER MAIN, 12" YO2216-DR KDW June 17, 2024 ELDAMAIN WATER MAIN LOOP ITEM WATER MAIN, 12-INCH D.I.P, CLASS 52 WATER MAIN, 16-INCH D.I.P, CLASS 52 STEEL CASING PIPE, 30-INCH (.3" WALL THICKNESS) BORED AND JACKED WATER MAIN, 16-INCH D.I.P, CLASS 52, DIRECTIONAL DRILL EXHIBIT “E” FINAL PROJECT COSTS EXHIBIT “F” RECAPTURE COSTS ALLOCATED TO EACH BENEFITTED PROPERTY Project:Eldamain Water Main Loop Total Estimated Cost:$9,218,332 Total Estimated Length:23,800 Estimated Cost per Foot:387.32$ Properties:Frontage Length Potential Recapture Florian 450 150$ 67,500$ Classic Investments 650 150$ 97,500$ Meyer 3500 150$ 525,000$ Five H LLC 1500 150$ 225,000$ Yorkville Nexus, LLC 2900 150$ 435,000$ Loftus 1050 150$ 157,500$ Cruise 1000 150$ 150,000$ Kelaka 425 150$ 63,750$ Total 1,071,875$ 8" Water Main Cost per Foot UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-17 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 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 30"day of May, 2023 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on June 6, 2023. Ordinance No. 2023-17 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, etseq.); 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. 2023-17 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 301" day of May, 2023. V CLERK KEN KOCH AYE DAN TRANSIER NAY ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this rJday of T P, , 2023. Mayor Attest: 1A ity erk Ordinance No. 2023-17 Page 3 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 301"day of " a\J 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 Comeils 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(it greendoorcapital.com With a copy to: Pedersen & Houpt, PC 161 N. Clark Street, Suite 2700 Chicago, Illinois 60601 Attention: Michael P. Sullivan Email: msullivan[u,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 mum al corporation By: Mayor Attest: City e 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: 14Q-!/l Matthew B. Gilbert, Manager UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-18 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 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 30"' day of May, 2023 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on June 6, 2023. Ordinance No. 2023-18 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.2023-18 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 301" day of May, 2023. i CITY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2023. Mayor Attest: 7—Cit - Clerk Ordinance No. 2023-18 Page 3 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 301'"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 (loth) 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(agreendoorcapital.com With a copy to: Pedersen & Houpt, PC 161 N. Clark Street, Suite 2700 Chicago, Illinois 60601 Attention: Michael P. Sullivan Email: msullivanLtLpedersenhoupt.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 mu 'cipal corporation By: T-k//\ Mayor Attest: A k fj' City Cl rk 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 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 Economic Development Committee #1 Tracking Number EDC 2024-48 Sharing of GIS Services with Between the City of Yorkville and Kendall County – IGA City Council – July 9, 2024 EDC – 7/2/24 Moved forward to City Council agenda. EDC 2024-48 Majority Approval Please see the attached memo. Erin Willrett Administration Name Department Summary Approval of an Intergovernmental Agreement with Kendall County for Geographic Information Systems (GIS) services. Background This item has been discussed with Kendall County and all feel there are opportunities to share different knowledge, expertise, and equipment. The goal of the shared services has always been to cooperate with one another to provide high-quality, cost-effective services to the respective residents in the County. The attached proposed IGA is another way of doing that regarding municipal services. The IGA will allow the City, to have Kendall County provide GIS data maintenance to the City’s data and to update the data. It will also allow the Community Development Department, to advise each of the services that are needed, and the Kendall County GIS Department will independently determine whether they are able to offer assistance for all or a portion of the request. Any GIS support services provided, must be pre- approved by the City. The City will be billed $60 per hour for work provided and will be billed quarterly. This IGA is a 2-year agreement and will automatically renew for an additional year. Either party may terminate the agreement by providing 180 calendar days written notice. Staff also looked into privately sourcing GIS services through Municipal GIS Partners (MGP). Staff provided an outline of the pros and cons regarding this source in the attached document. Ultimately, staff recommends working initially with Kendall County because of costing and the availability of County staff to begin the data transmission immediately. Although the privately sourced GIS company offers a comprehensive “turnkey” service, including an onsite staff member and user-friendly mapping applications, their availability and pricing did not align with our urgent needs and budget. Staff has had positive experiences with Kendall County in assisting the Community Development department with GIS projects over the past year. The County’s GIS department has demonstrated efficient project completion times, typically ranging from a few hours to no more than three days, which is crucial for addressing the City’s current data needs promptly. However, staff notes that it may be necessary to reassess our GIS service options in the future once we have a clearer understanding of Kendall County's ability to service all city departments and our actual hourly requirements. We feel this strategic approach balances our immediate needs with long-term planning. Recommendation Staff recommends approval of the Intergovernmental Agreement with Kendall County for Geographic Information Systems (GIS) services. Memorandum To: Economic Development Committee From: Erin Willrett, Assistant City Administrator CC: Krysti Barksdale-Noble, Community Development Director Date: July 2, 2024 Subject: IGA for the Sharing of GIS Services Between the City of Yorkville and Kendall County Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND KENDALL COUNTY, ILLINOIS FOR GEOGRAPHIC INFORMATION SYSTEMS SERVICES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) and Kendall County, Illinois (the “County”) are units of local government; and WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., (collectively, the “Authority”) authorize units of local government to contract or otherwise associate amongst themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law; and WHEREAS, the County provides Geographical Information Systems (“GIS”) data services for municipalities located within the County, such services including access to the County’s GIS portal, maintenance of municipal GIS data, and updating municipal GIS data (the “GIS Services”); and WHEREAS, the GIS Services are provided at a reasonable cost with efficient project completion times; and WHEREAS, the City is located within Kendall County and desires to take advantage of the County’s GIS Services and therefore to enter into an Intergovernmental Agreement for the County to provide GIS Services to the City, attached hereto as Exhibit “A”, in furtherance of the stated goals and desires set forth above. 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 herein by reference as though fully set forth. Section 2. That the Intergovernmental Agreement for Geographic Information Systems (GIS) Services, attached hereto and made a part hereof by reference, is hereby approved. Ordinance No. 2024-____ Page 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 __________________, A.D. 2024. ______________________________ 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. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES THIS INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES (“the Agreement”) is by and between the County of Kendall, a unit of local government of the State of Illinois (“Kendall County”) and the United City of Yorkville. WITNESSETH: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, Kendall County and United City of Yorkville (the “parties”) are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any county may participate in an intergovernmental agreement under this Act notwithstanding the absence of specific authority under the State law to perform the service involved, provided that the unit of local government contracting with Kendall County has authority to perform the service; and WHEREAS, in an effort to reduce costs to the taxpayers of Kendall County, the parties hereby enter into this intergovernmental agreement wherein Kendall County agrees to provide certain GIS support services for the United City of Yorkville; and NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this paragraph 1. 2. Kendall County agrees to provide the following GIS support services to the United City of Yorkville pursuant to the terms of this Agreement, including: a. To provide access to GIS portal, b. To provide GIS data maintenance to the United City of Yorkville’s data, c. To update the United City of Yorkville’s GIS data throughout the United City of Yorkville’s Service Area, d. To permit Kendall County GIS staff to attend training for GIS systems, provided the United City of Yorkville and Kendall County pre-approve the training, the training schedule, and all training and related travel expenses. e. To provide GIS services outlined in Paragraphs 2a-d above for the United City of Yorkville’s special service projects, when requested by the United City of Yorkville, and upon receiving at least 60 calendar days prior notice of the need for Kendall County staff to support any non-emergency special service project. f. To track time spent performing services outlined above in Paragraph’s 2-a-e and to generate a quarterly invoice for all the United City of Yorkville approved GIS services. 3. As consideration for the services to be performed pursuant to the terms of this Agreement, the United City of Yorkville agrees to the following: a. Any GIS support services provided by Kendall County must be pre-approved by the United City of Yorkville and shall be billed to the United City of Yorkville at a rate of $60 per hour. Municipality shall make payments on quarterly invoices prepared by Kendall County staff. b. To pay for all training and associated travel expenses for Kendall County’s employees to attend training about GIS systems, provided the training and associated travel expenses are pre-approved by the United City of Yorkville and Kendall County. the United City of Yorkville agrees to reimburse Kendall County for such expenses. c. To promptly reimburse Kendall County for all other expenses that Kendall County incurs on the United City of Yorkville’s behalf while performing the GIS support services set forth above in this intergovernmental agreement the United City of Yorkville agrees to reimburse Kendall County for such expenses. Kendall County agrees to notify the United City of Yorkville prior to incurring any billable expense, except in the event of an emergency in which case Kendall County agrees to notify the United City of Yorkville about the billable expense as soon as practicable. d. To make all payment in accordance with the Illinois Local Government Prompt Payment Act, as amended (50 ILCS 505/1 et seq.) except as expressly set forth in Paragraphs 3(a) through 3(c) of this this Agreement, the parties agree that the United City of Yorkville shall not be responsible for labor costs and County resources (i.e., computers, networks, telephones, etc.) incurred by the County’s employees while the County employees perform the services set forth in this Agreement. 4. The United City of Yorkville understands and agrees that Kendall County maintains sole and absolute discretion whether to provide to the United City of Yorkville the GIS support services listed in Paragraph 2. the United City of Yorkville understands and agrees that Kendall County’s ability to provide the GIS services listed in Paragraph 2 is contingent on Kendall County’s maintaining sufficient software, hardware, employees, licenses, subscriptions, services, and equipment. If Kendall County, in its sole discretion, determines it lacks sufficient software, hardware, employees, licenses, subscriptions, services, or equipment to provide any of the GIS services, Kendall County shall not be under any obligation to provide the GIS services nor shall Kendall County be obligated to maintain sufficient software, hardware, employees, license, subscriptions, services, and equipment. Kendall County shall make all decisions regarding the acquisition or hiring of all software, hardware, employees, licenses, subscriptions, services, and equipment. 5. Kendall County does not guarantee the accuracy of any of the GIS support services it may provide to the United City of Yorkville. To the fullest extent permitted by law, Kendall County disclaims all express or implied warranties, including without limitation all implied warranties of merchantability or fitness for a particular purpose. 6. The parties agree to the following terms in order to maintain the security and confidentiality of Kendall County’s and the United City of Yorkville’s records defined as “confidential information”: a. To the extent permitted by law, if a party to this Agreement is granted access to another party’s records (and the data contained in these records) in order to perform the GIS services set forth in this Agreement, either party shall not duplicate and/or disseminate (by publication or otherwise) said records (and the data contained therein) to any other individual, business or entity without the prior written approval of either party. b. In the event a party to this Agreement receives a request for the records of another party to this Agreement (whether by FOIA request, subpoena, court order, etc.), the party receiving the request shall respond to the request in accordance with the law and shall notify the other party so that it may assert whatever rights it may possess. To the extent permitted by law, a party to this Agreement shall not release any of either party’s records to a third party without the prior written approval of the party or as required pursuant to court order. c. The parties agree to implement all measures deemed reasonably necessary by agreement of the parties to safeguard the confidentiality of either party’s records. 7. This Agreement shall continue for a period of two (2) years after the parties’ execution of this Agreement and will automatically renew for successive additional one (1) year terms. Any party may terminate this intergovernmental agreement by providing at least one hundred eighty (180) calendar days advance written notice to all other parties of the then current term. 8. To the extent permitted by law, the United City of Yorkville shall defend, with counsel of Kendall County’s own choosing, indemnify and hold harmless Kendall County, including Kendall County’s past, present and future board members, elected officials, insurers, employees, and agents (the “Releasees”) from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys’ fees and other legal expenses, which the Releasees may hereafter sustain, incur or be required to pay relating to, or arising in any manner out of the GIS support services Kendall County provides to the United City of Yorkville. Pursuant to 55 ILCS 5/3-9005, no attorney may be assigned to represent the Releasees pursuant to this section of the Agreement unless the Kendall County State’s Attorney has pre-approved the appointment of the attorney to represent the Releasees. Releasees’ participation in their defense shall not remove the United City of Yorkville’s duty to indemnify, defend, and hold Releasees harmless, as set forth above. Releasees do not waive their defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) by reason of this indemnification provision. Indemnification shall survive the termination of this Agreement. 9. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. 10. Any notice required or permitted to be given pursuant to this Agreement shall be duly given if sent by certified mail, or courier service and received. As such, all notices required or permitted hereunder shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested. If to the County: Chairman of the Kendall County Board 111 W. Fox Street Yorkville, Illinois 60560 With copy to: Kendall County State’s Attorney 807 John Street Yorkville, Illinois, 60560 If to the Municipality Mayor 651 Prairie Pointe Drive Yorkville, Illinois, 60560 9. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 10. This Agreement represents the entire agreement between the parties as it relates to GIS support services to be performed by Kendall County, and there are no other promises or conditions in any other agreement whether oral or written related to the GIS support services to be provided by Kendall County to the United City of Yorkville. Except as stated herein, this Agreement supersedes any other prior written or oral agreements between the parties as it relates to GIS support services and may not be further modified except in writing. 11. Kendall County and the United City of Yorkville each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement; IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers as of the date of last signature. County of Kendall, Illinois United City of Yorkville By: ____________________________ By: __________________________________ Chair, Kendall County Board Mayor, United City of Yorkville Attest: Attest: ____________________________ ____________________________ County Clerk City Clerk Pros and Cons of MGP and Kendall County MGP Pros Cons Onsite staff member (Account Manager) for 824 hours annually • 5 days every 2 weeks at 50% capacity • Can increase capacity to 75%-100% if needed • When not onsite available remotely or other MGP staff member available via call center • MGP is open to offering extra days onsite based on our needs The initial pricing for MGP in the first-year amounts to $147,027, • primarily attributed to the GISC initiation fee of $20,000. • The additional costs for 'new hardware' do not apply. Over a five-year period, the average cost is $136,159 MGP will be able to reorganize data MGP can start with a new city in Q4 in 2024 MGP has extensive experience working with similar communities • Village of Morton Grove • City of Lake Forest • Village of Glen Ellyn Balancing the allocation of time and projects across departments for the account manager presents a challenge, particularly given the standard time allotment of 5 days every 2 weeks MGP develops a user-friendly mapping website for residents to conveniently access information Standardizations for maps are set for multiple departments Kendall County Pros Cons Kendall County will manage the recruitment of a dedicated GIS professional for the city, • Offering a rate of $60 per hour for 1,950 hours annually. • Covers benefits, work management, equipment, training, and more, totaling $117,000 per year (based on 37.5 hours per week for 52 weeks). • Kendall County offered to track hours spent on Yorkville-specific projects, so if we came under 1,950 hours, we’re not paying for something we are not utilizing • There's potential for a hard stop at 1,950 hours. Discussing the coordination of time allocation for projects across departments is important, particularly as the Community Development department aims to reorganize our entire GIS data organization. • Kendall County does not have standard maps set for utility or police Kendall County has current staff availability to begin the data transition The appearance of the maps doesn't meet our department's standards because KC does not have Adobe Illustrator Kendall County is prompt and typically returns projects within a few hours or at most, within three days City staff would need to go and add graphic details 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 Planning and Zoning Commission #1 Tracking Number PZC 2024-15 & EDC 2024-41 C-1 Yorkville (Cyrus One) – PUD & Preliminary Plan City Council – July 9, 2024 Majority Approval Approval of a proposed Planned Unit Development (PUD) and Preliminary PUD Plan for a data center campus Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 REQUEST SUMMARY: The petitioner, C1 Yorkville, LLC (Cyrus One), contract purchaser, is seeking approval of a special use for Planned Unit Development (PUD) and Preliminary PUD Plan for the construction of secured data center campus and on-site substation on approximately 228-acres of land located at the northeast corner of Faxon Road and Eldamain Road, formerly known as Lincoln Prairie. The site will consist of up to nine (9) standalone buildings used for networked computers, storage systems and computing infrastructure and six (6) on-site stormwater basins to be developed in phases over a 10 to 20-year period. STAFF COMMENTS: The attached draft Planned Unit Development (PUD) Agreement details the provisions, relief, and obligations of the data center developer and the City regarding the future construction of the subject property such as: building setbacks, parking requirements, access, landscaping, noise study, appearance standards, roadway reconstruction, ordinance locks/freeze, and right-of-way dedications. The term of the agreement acknowledges a phased development over twenty (20) years. With regards to the roadway reconstruction, the City and the Developer are at an impasse on the cost responsibility for relocation of utility poles and right-of-way acquisition, if needed, to make the required improvements. These costs, by city ordinances, are typically barred by the developer, however the petitioner is requesting the City take on this obligation. Staff recommends the developer be responsible. Direction from the City is requested. Finally, the developer has agreed to install the Type D landscaping treatment, as required by the Unified Development ordinance and stipulated by the Planning and Zoning Commission along the perimeter of the site on Beecher, Faxon, and Eldamain Road. The landscape plan still shows the Type C landscape treatment along Beecher. This exhibit will be revised prior to recordation of the PUD agreement. PUD & PRELIMINARY PUD PLAN REQUEST: The Planning and Zoning Commission held a public hearing regarding the proposed Planned Unit Development and Preliminary PUD Plan for the subject property on June 12, 2024. The commission made the following actions on the motions below: 1. Special Use for Planned Unit Development In consideration of testimony presented during a Public Hearing on June 12, 2024 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization of a Planned Unit Development for a data center campus to be located at the northeast corner of Faxon Road and Eldamain Road subject to the conditions enumerated in a staff memorandum dated June 4, 2024 and further subject to Class D perimeter landscaping around 3 sides along Eldamain, Beecher and Faxon Roads. Action Item: Millen-aye; Goins-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: July 3, 2024 Subject: PZC 2024-15 Cyrus One – Planned Unit Development & Preliminary Plan Proposed Data Center Campus and On-Site Substation Development 2 6 ayes; 0 no 2. Preliminary PUD Plan The Planning and Zoning Commission recommends approval to the City Council of the Cyrus One – Yorkville, Illinois – Preliminary PUD Plan prepared by Olsson and dated May 21, 2024 and further subject to Class D landscaping along Eldamain, Faxon Road and Beecher Road. Action Item: Millen-aye; Goins-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye 6 ayes; 0 no Attachments: 1. Draft Approving Ordinance 2. Draft PUD Agreement 3. Planning and Zoning Commission Memorandum dated May 21, 2024 4. Memorandum prepared by Soundscape Engineering dated June 6, 2024 5. Copy of Petitioner’s Application 6. Cyrus One – Yorkville, Illinois Preliminary PUD Plan dated May 21, 2024 prepared by Olsson 7. Exterior Elevations prepared by Corgan 8. EEI Review Letter to the City dated May 29, 2024 9. Plan Council Packet Materials 05-23-24 10. Public Hearing Notice Ordinance No. 2024-____ Page 1 Ordinance No. 2024 - ____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT WITH C1 YORKVILLE, LLC 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, C1 Yorkville, LLC, a Delaware limited liability company (“C1 Yorkville”), submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on-site electric substation (collectively The “Project”); and WHEREAS, as part of their proposal, C1 Yorkville submitted an application to the City for a special use planned unit development for the Development Site which the City has found to be complete and consistent with the City’s purpose and intent of the planned unit development regulations and the polices for industrial development in the Eldamain Road corridor; and WHEREAS, in order to establish the specific development standards, regulations, limitations and conditions regarding the construction of the Project, the City and C1 Yorkville have negotiated a Planned Unit Development Agreement, (the “PUD Agreement”) substantially in the form attached hereto, setting forth all development regulations and conditions for the construction and operation of the Project; and WHEREAS, the City and C1 Yorkville have reviewed the PUD Agreement, as attached, and are prepared to proceed with the Project in accordance with the standards and the requirements for its construction and operation as set forth therein. The City is prepared to approve the PUD Agreement, as hereinafter provided, as it believes that the construction of the Project shall add regional utility improvements and tangible benefits to the City and its residents. 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. 2024-____ Page 2 Section 2. Planned Unit Development Agreement By and Between the United City of Yorkville and C1 Yorkville LLC is hereby approved substantially in the form attached hereto and made a part hereof. Section 3. The Mayor and City Clerk are hereby authorized to execute said Agreement and the City Administrator, the City Engineer and the City Attorney are hereby authorized to finalize the terms and take any action required to implement said Agreement. Section 4. 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 __________________, A.D. 2024. ______________________________ 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. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 Planned Unit Development Agreement By and Between The United City of Yorkville and C1 Yorkville LLC This Planned Unit Development Agreement by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC, a limited liability company of the State of Delaware is entered into this ____ day of ___________, 2024. Article 1. Preambles 1.1 The United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Project. C1 Yorkville LLC, a limited liability company of the State of Delaware (the “Developer”) is the contract purchaser of 228.93 acres located at the northeast corner of Eldamain and Faxon Road, identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100- 004 and -005; and 02-18-400-004 (collectively the “Subject Property”) upon which the Developer intends to develop a secured data center campus (the “Project”). The Project is generally depicted on the site plan attached hereto as Exhibit A (the “Site Plan”) and consists of nine buildings, six stormwater basins and an onsite electrical substation to be constructed in phases over a period of up to twenty (20) years. 1.3 Zoning. The Subject Property is zoned M-2 General Manufacturing District. A data center and an electrical substation are permitted “Energy Industrial Uses” in the M-2 District. 1.4 The Planned Unit Development. Under the City’s Unified Development Ordinance (“UDO”), any development encompassing four (4) or more acres shall be approved as a planned unit development. The Developer has submitted an application for a special use planned unit development for the Project (the “Application”). The Application includes thirteen proposed variations which may be allowed under the UDO if (i) such deviations are compatible with surrounding development and, (ii) such deviations are justified through the provision of tangible benefits to the City. The City has reviewed the Application and found it to be complete and consistent with the purpose and intent of the planned unit development regulations. The Project requires the extension of a watermain and sanitary sewer service to the Subject Property thereby benefiting future development within the City and the Project is compatible with the surrounding agricultural use, distribution center and ComEd transfer station. Article 2. Development Standards 2.0 PUD Approval. The City has reviewed the Developer’s Application and found it to be complete. The Project is consistent with the purpose and intent of the planned unit development regulations; facilitating a unified development that is consistent with the City’s plans and policies for industrial development in the Eldamain Road corridor. The Project includes the construction of regional utility improvements that provide tangible benefits to the City, thereby providing necessary justification for the modifications to standards as required under the UDO. The Project 2 meets the standards for the approval of a special use, the additional standards of review for a planned unit development, and the standards for approval of variations under the planned unit development. The City hereby approves a special use for a planned unit development with specified variations for the Subject Property as generally depicted on the Site Plan, subject to the terms more specifically herein set forth. 2.1 Energy Industrial Uses. A data center is classified as an “Energy Industrial Use” pursuant to Table 10-3-12(B) of the UDO. Section 10-4-10 of the UDO is reserved for additional regulations applicable to Energy Industrial Uses. The Developer has requested and the City hereby agrees that any future standards adopted to further regulate Energy Industrial Uses shall be waived and not applicable to the Subject Property. 2.2 Terms for Construction. The Developer has advised the City of its intent to construct the Project over a twenty (20) year period and has submitted a preliminary phasing plan to the City, attached hereto as Exhibit B (the “Phasing Plan”). The City hereby approves the Phasing Plan. Developer’s reimbursement of the City for construction costs associated with the public utility improvements necessary to facilitate the Development of the Subject Property, which shall occur pursuant to the terms of a separate agreement by and between the Parties, shall satisfy any timing obligation of Developer under the UDO to apply for final plat or plan approvals, to apply for a building permit, or otherwise. 2.3 Building Setbacks. The Developer has requested and the City hereby approves modification of required building setbacks as established by the UDO for the Subject Property. Setbacks shall apply only to the perimeter of the Subject Property with Eldamain Road being deemed the “front yard” and Beecher Road being deemed the “rear yard”. The front yard setback shall be one hundred fifty (150) feet from the existing Eldamain Road right-of-way. The rear yard setback shall be sixty (60) feet from the Beecher Road right-of-way. The side yard setback, measured to the north and south lines of the Subject Property, shall be fifty (50) feet. In anticipation of possible resubdivision of the Subject Property into individual lots, the City agrees to a zero (0) lot line for all structures to be platted within the interior of the Subject Property. Moreover, the City hereby agrees that lots within the PUD shall not be required to abut a public street. The building setbacks established in this paragraph shall apply exclusively to buildings. Fences, signage, drive aisles, parking spaces, and other improvements to the Subject Property are expressly permitted within the defined setbacks. 2.4 Parking Requirements. Pursuant to the City’s UDO, .3 parking spaces are required per 1000 square feet net floor space for industrial developments. The City hereby grants the Developer’s request of .2 parking spaces per 1000 square feet net floor area. Developer may pay a fee-in-lieu of constructing required parking spaces, provided that the total number of parking spaces at build-out is not less than four hundred (400) (inclusive of ADA spaces) and that a minimum of ten (10) parking spaces are equipped with electrical vehicle charging stations. Any fee-in-lieu of parking shall be based on the number of spaces not constructed, shall be consistent with prevailing fees charged by the City, and shall be payable as a condition to the issuance of the building permit for the ninth building. 2.5 Access to the Subject Property. The City Engineer has approved and the City hereby agrees to the Developer’s proposal for two (2) points of access to the Subject Property, one (1) 3 off of Eldamain and one (1) off of Faxon Road, as generally depicted on the Site Plan. The Project shall be developed with private roads or private drive aisles which may be secured to restrict access into/through the Subject Property. The City hereby waives requirements for vehicular cross access in light of the private roads and secured nature of the campus as depicted on the Site Plan. Where access is gated or otherwise restricted, Developer shall work with emergency service providers to ensure access via a knox box or such other means as may be agreed upon between the parties. 2.6 Pedestrian Circulation. The City’s UDO requires connections between off-street parking, on-site pedestrian circulation systems, and existing and future planned trails. The Project shall incorporate walkways between parking areas and building entrances within the Subject Property. The City hereby waives any requirement with respect to public access or external pedestrian connections in light of the private roads and secured nature of the campus as depicted on the Site Plan. 2.7 Off Street Loading. No more than one (1) loading space shall be required per building. 2.8 Landscaping. The City’s UDO establishes standards for landscape improvements for the Project. In light of the secured nature of the campus, the Parties have agreed to emphasize external Transition Zone plantings in lieu of other planting requirements internal to the Subject Property. Along Eldamain, Faxon, and Beecher roadway frontages, the Developer shall install landscape material consistent with the Transition Zone Type D Standards as generally depicted on the Landscape Plan attached hereto as Exhibit C (the “Landscape Plan”). The Parties acknowledge and agree that the aforementioned Transition Zone landscape standards are above and beyond the requirements of the UDO and in light of Developer’s agreement to install said Transition Zone landscaping, the City hereby waives all other landscape requirements under Section 10-5-3 of the Code. 2.9 Mechanical Screening and Fencing. In light of the setbacks and the landscape screening that Developer has voluntarily incorporated into the Project, the City hereby agrees to waive visual screening requirements pursuant to Section 10-5-4 of the UDO. Notwithstanding the foregoing, the Parties acknowledge and agree that the Project is subject to the requirements of the City’s Noise Ordinance, Title 4, Chapter 4 of the City Code. As a condition to the issuance of a Building Permit for each building, the Developer shall submit to the City a sound study to be reviewed by a third-party sound engineer hired by the City. The sound study shall evaluate the proposed mechanical equipment for each building and model sound levels as regulated by the Noise Ordinance. The City shall have no obligation to issue a Building Permit until the applicable sound study identifies necessary and appropriate sound attenuation, if required, necessary to comply with the Noise Ordinance. The Developer shall be required to install sound attenuation as may be required by the sound study to comply with the Noise Ordinance. 2.10 Lots; Street Design. The City hereby waives the requirement in Section 10-7-2 of the UDO that all lots shall front or abut on a public street. The City also waives the street design standards set forth in Section 10-7-3 of the UDO. Said waivers are granted in consideration of the security contemplated for the Project and the restricted nature of access internal to the Subject Property. Due to the restricted nature of access to the Project, the City reserves the right to issue a single site address for the Subject Property off Eldamain Road. 4 2.11 Appearance Standards. The Developer has submitted prototype building elevations for the Project, a copy of which is attached hereto as Exhibit D (the “Building Elevations”). The Building Elevations are representative of architectural design and building materials to be utilized for the Project but are not intended to be an exact depiction of any building that may be constructed as part of the Project. The Developer shall provide updated elevations with any application for final plat or at such time as Developer submits for a Building Permit, as may be applicable. The City shall approve updated elevations which are consistent with the quality and character of the Building Elevations. The City hereby waives the requirements of Section 10-5- 8-c-4b.(2) of the UDO requiring recesses, projections, windows, and other ornamental/architectural features due to the setbacks of the buildings from the abutting roads and the Developer’s obligations for the landscaping as provided in Section 3.2. 2.12 Signage. The Developer shall install a monument sign on Eldamain Road at the entrance to the Project. The Developer may install a monument sign on Faxon Road at the entrance to the Project. The monument signs shall comply with the requirements of Section 10-6 of the UDO. Developer may install wall signs as permitted under Section 10-6 of the UDO. 2.13 Lighting. The Developer agrees to submit to the City for its approval a photometric plan along with manufacturer’s cut sheets of the proposed lighting standards to be installed within the parking area of the Subject Property. The photometric plan shall be provided with any application for final plat or at such time as Developer submits for a Building Permit, as may be applicable. The Project shall be required to comply with applicable outdoor lighting standards pursuant to Section 10-5-7 of the UDO. Article 3. Developer Obligations 3.1 Permits. The Developer covenants and agrees to obtain all required permits for the development of the Project and to construct all improvements in accordance with applicable City ordinances and all permits as issued. The Developer further agrees to obtain all approvals and permits from any other governmental units or agencies as may be required in connection with the construction and operation of the Project. 3.2 Engineering and Roadway Reconstruction. Under the UDO the Developer is responsible for rebuilding Faxon Road (“Faxon Road Improvements”) and Beecher Road (“Beecher Road Improvements”) across the frontage of the Subject Property (collectively the “Road Improvements”). The Road Improvements shall be constructed pursuant to the cross section attached hereto as Exhibit E. A preliminary cost estimate for the Road Improvements is attached hereto as Exhibit F. In lieu of Developer completing the design and physical construction of said Road Improvements, the City has agreed to design and construct the Road Improvements subject to Developer’s payment of the costs incurred by the City. The City shall complete construction of the Road Improvements, less the surface course, by August 31, 2025. Upon execution of the contract for the engineering design of the Roadway Improvements the City shall send notice of same along with a copy of the design contract to Developer. Developer shall pay to the City the cost of the engineering design for the Road Improvements within thirty (30) days of receipt of the contract therefor. The City agrees to use 5 best efforts to design the Road Improvements to minimize disturbance of existing utilities (i.e. ComEd poles on Beecher Road) and without requirement for additional right-of-way acquisition. Should the City incur costs associated with the acquisition of right-of-way or should the City incur costs with respect to relocation of existing utilities, the Developer shall not be responsible for said costs. The City shall provide Developer a courtesy copy of 30% design drawings for the Road Improvements and of the 90% design drawings along with an updated estimate of construction costs for each. When the City finalizes the contract for construction of the Road Improvements the City shall provide Developer a copy of the final construction contract and an invoice for Developer’s share of the anticipated cost to construct the Road Improvements. The invoice shall reflect the contracted cost for construction of the Road Improvements less: i) sums contributed by a third party toward construction of improvements to the same section of roadway; and ii) any costs for which Developer is not responsible (the product of which calculation is the “Developer’s Road Cost”). The Developer’s Road Cost shall be multiplied by 115% to account for contingencies (the “Pre-Construction Estimate”). Developer shall pay the Pre-construction Estimate to the City within 30 days of the receipt of the invoice therefore. The City’s construction of the Road Improvements shall be “Substantially Complete” upon installation of the binder course. Upon Substantial Completion, the City shall provide Developer an accounting of final costs associated with its construction of the Road Improvements (the “Final Accounting”). The Final Accounting shall include a credit for the cost to be incurred for the installation of the final surface course. If the Final Accounting shows that the Pre-Construction Estimate paid by Developer was greater than the actual costs incurred by the City for the Developer was responsible, then the City shall reimburse Developer the difference. If the Final Accounting shows that the Pre-Construction Estimate paid by Developer was less than the actual costs incurred by the City for which Developer was responsible, then the City shall issue a final invoice reflecting the balance due from Developer and Developer shall remit payment therefore within thirty days. (c) Eldamain Road. Eldamain Road is under the jurisdiction of Kendall County. Developer shall secure a permit from Kendall County for the construction of necessary road improvements at the intersection of Eldamain Road and the primary entrance to the Subject Property. Said road improvements to be permitted by Kendall County shall be constructed pursuant to the schedule required by Kendall County. The City anticipates that the County will required a traffic impact study to permit the access off Eldamain. In the event that a traffic impact study is required, Developer shall provide the City a courtesy copy of the study and any revisions to the study. 3.3 Dedications. The City acknowledges that it has already secured necessary and appropriate right-of-way dedications associated with the development of the Subject Property. The City agrees that it shall not require any additional right-of-way dedications associated with the development of the Subject Property. The City makes no representation with respect to any right-of-way dedication that may be required by Kendall County associated with the improvement of Eldamain Road. 3.4 Maintain Improvements in Good and Clean Condition. The Developer shall maintain the Subject Property in reasonably good and clean condition at all times during the development by 6 the Developer, which shall include promptly removing all mud, dirt, and debris that is deposited on any street, sidewalk, or other public property in or adjacent to the Subject Property by the Developer or any agent of or contractor hired by, or on behalf of the Developer and repair any damage to any public property that may be caused by the activities of Developer or any agent of or contractor hired by, or on behalf of, the Developer. 3.5 No Liability for City Review. Developer acknowledges and agrees that (i) the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City’s review and approval of any plans or improvements or as a result of the issuance of any approvals, permits, certificates, or acceptances for the development of the Project or use of any portion of the Subject Property or the improvements and (ii) the City’s review and approval of any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and shall not, in any way be deemed to insure Developer, or any of its successors, assigns, tenants, or licensees, or any third party, against violations or damage or injury of any kind at any time. 3.6 Hold Harmless and Indemnification. Developer shall hold harmless the City, and all of its elected, appointed officials, and employees (collectively the “City Parties”) from any and all third- party claims that may asserted against the City Parties in connection with (i) the City’s review and approval of any plans or improvements or (ii) the City’s issuance of any approval, permit or certificate. Article 4. City Obligations 4.1 Challenges. In the event of any challenge to the City’s annexation or zoning of the Subject Property, the City agrees that, in cooperation with the Developer, the City shall undertake such process as is necessary and appropriate to correct any deficiency associated with the annexation or zoning of the Subject Property. In such event, the City agrees that the Parties shall not be required to await adjudication of any such challenge, but that the Parties should proactively undertake such process as is necessary to reapprove the annexation and zoning on terms consistent with the approvals set forth herein. 4.2 City Assistance. The City agrees to cooperate and provide any reasonable assistance requested by Developer in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property as long as the Developer reimburses whatever costs and expenses the City incurs in providing assistance. The City will cooperate with Developer’s specified vendors to assert applicable tax exemptions relating to purchase of materials to be incorporated into the public improvements, consistent with the Illinois Department of Revenue Regulations, the Retailers’ Occupation Tax and with all requirements of law (including providing the City’s form tax exempt letter as may be required). 4.3 UDO Freeze. For the term of this Agreement no amendment to the UDO which imposes more stringent requirements on the development or use of the Subject Property shall be applicable to the Subject Property. Upon the expiration of this Agreement pursuant to terms set forth in this Agreement, the Subject Property shall be governed by the underlying M-2 zoning as modified by the approved planned unit development and shall be subject to the prevailing terms of the City’s Code. 7 4.4 Equal Treatment. The City acknowledges that Developer is making a substantial up-front investment in the Subject Property in consideration of the rights herein granted to construct multiple buildings on the Subject Property over a twenty (20) year period. While the City will not freeze permit fees or building codes applicable to the Subject Property, the City hereby agrees not to impose new fees, requirements, or code provisions which would uniquely burden (i.e. not generally applicable to other commercial users) Developer’s intended development, use, and operation of the Subject Property or the development, use and operation of data centers in general. 4.5 Certificate of Occupancy. The City shall issue a certificate of occupancy for each building constructed on the Subject Property when the building is fully capable of being served by sanitary sewers, storm sewers, water main, public/private roads, natural gas (as may be applicable), and electric utilities, and is otherwise in conformance with City Codes and other applicable state laws, and all applicable fees have been paid. The City agrees to issue temporary or conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, private drive aisles, and required landscaping. Article 5. Term The term of this Planned Unit Development Agreement commences and will be in full force and effect upon its execution by the parties and terminate on the first to occur: (i) development of all acreage of the Subject Property per Site Plan; or, (ii) the twentieth anniversary of the issuance by the City of the first Building Permit for the Subject Property. Article 6. Notices Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, returned receipt requested, at the address set forth below, or (c) by email transmission, when transmitted to email address set forth below, when actually received provided that any email transmission shall be accompanied by a delivery of a written notice via first class mail to the addresses below. Notices and communications to Developer shall be addressed to, and delivered at, the following addresses: C1 Yorkville, LLC 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Attn: Legal Department With a copy to: Russell G. Whitaker III Rosanova and Whitaker, Ltd. 445 Jackson Ave., Suite 200 Naperville, Illinois 60540 C1 Yorkville, LLC 8 Attn: Legal Department 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Notices and communications to the City shall be addressed to and delivered at these addresses: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Ste. 350 Naperville, Illinois 60563 Attn: Attorney Kathleen Field Orr By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address or addressee shall be effective until actually received. Article 7. Mutual Understandings 7.0 Violations. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty (30) days after notice of said breach to correct the same or diligently commence to cure said breach prior to the non-breaching Party’s seeking of any remedy provided for herein. However, any breach by Developer reasonably determined by the City to involve health or safety issues may be the subject of immediate action by the City without notice of thirty (30) day delay. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party’s right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 7.1 Amendments. This Agreement and the zoning applicable to the Subject Property may not be amended without the mutual consent of the Parties. Any amendment to the terms, covenants and agreements as set forth in this Planned Unit Development Agreement shall be in accordance with the provisions of Section 10-8-8G of the UDO which provides as follows: G. Amendments to Approved Planned Unit Development. 1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes: 9 a. More than a ten percent (10%) increase in the square footage of the buildings; b. Any structure greater than 100’ in height; c. Except as other set forth above, any deviation from the site data standards set forth on the Site Plan. d. Any deviation from applicable provisions of the UDO; 3. Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2). 4. Approval Processes. a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F) of the UDO. b. Minor Amendment. (I) Zoning Administrator Review. The minor amendment shall be reviewed and approved by the Zoning Administrator. 7.2. Governing Law. This Planned Unit Development Agreement and the terms, provisions, and conditions herein shall be governed by and construed and enforced in accordance with the laws of the State of Illinois and if enforced by judicial proceedings, the parties agree that such proceedings shall be conducted in the Circuit Court of Kendall County, Illinois. 7.3 Counterparts. This Agreement is to be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. 7.4 Force Majeure. In the event the performance of any covenant to be performed hereunder by a Party is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; global pandemic; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a City license or permit; and any similar case), the time for such performance shall be extended by the amount of time of such delay. 7.5 Successor and Assigns. This Agreement shall inure to the benefit of, and be valid and binding upon, the Parties and their successors and assigns for the term of the Agreement. It is 10 understood and agreed by the Parties hereto that in the event any part of the Subject Property is sold or conveyed at any time during the term of this Agreement, all unaccrued obligations and responsibilities of the prior title holder to said part of the Subject Property conveyed shall be released and be assumed by such purchaser of the part of the Subject Property conveyed, and the prior title holder shall be fully released from all unaccrued obligations which relate thereto. Notwithstanding the foregoing, the City shall not be required to release any Surety until the successor owner has posted replacement Surety for the improvement obligations being assumed by said successor owner, which Surety shall be in a form and amount acceptable to the City. In the event that part of the Subject Property is to be conveyed, the respective owners may enter into an agreement parsing respective obligations under this Agreement between the respective owners and the City shall not unreasonably withhold its consent to any such agreement. 7.6 Severability. Should any provision of this Agreement or application thereof to any party or circumstance be held invalid, and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision, then all remaining provisions shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date. United City of Yorkville Attest: By: By: Mayor Date: , 2024 C1 Yorkville, LLC By: Date: , 2024 11 EXHIBIT LIST Exhibit A- Site Plan Exhibit B- Phasing Plan Exhibit C- Landscape Plan Exhibit D- Building Elevations Exhibit E- Roadway Cross Section Exhibit F- Road Improvement Cost Estimate BEECHER ROADELDAMAIN ROADFAXON ROAD RAILRO A D WETWET WETWETW E T W E T WETWET 30.00' TYP. 75.00' TYP. 75.00' 1000.00' 800.00' +/-233.60' 275.40' 221.27' 129.78' 121.26' 30.00' 530.60' 30.00' 36.00 TYP. BUILDING 1 2 STORY DATA CENTER FFE=649.0 BUILDING 2 2 STORY DATA CENTER FFE=649.0 BUILDING 4 2 STORY DATA CENTER FFE=648.5 BUILDING 5 2 STORY DATA CENTER FFE=648.0 BUILDING 8 2 STORY DATA CENTER FFE=647.0 SUBSTATION (800' x 1000') FFE=648.5 BUILDING 9 2 STORY DATA CENTER FFE=647.0 BUILDING 3 2 STORY DATA CENTER FFE=648.5 BUILDING 6 2 STORY DATA CENTER FFE=647.5 BUILDING 7 2 STORY DATA CENTER FFE=647.0 POND 1 POND 2 POND 3 POND 4 POND 5 POND 6oooo o o o o o o o o oooooooo o o o o o o o o o o oo o o oooooooooooooooooooooo o o oo o o o o o ooooooCYRUS ONE - YORKVILLE, ILLINOIS - PRELIMINARY PUD PLAN SCALE:1" = 200' AT FULL SIZE (24x36) DATE: May 21, 2024 Project Area Current Colo Build Equipment Yard Stormwater Pond Wetlands Security Fenceooooo 150' PROPOSED FUTURE EASEMENT 50' SETBACK EASEMENT 50' SETBACK EASEMENT 30' WATER LINE EASEMENT 50' SETBACK EASEMENT30' WATER LINE EASEMENT 50' SETBACK EASEMENT 150' SETBACK EASEMENT 30' WATER LINE EASEMENT 60' SETBACK EASEMENT M-2 ZONING A-1 ZONING A-1 ZONING A-1 ZONING YORKVILLEPLANO UNINCORPORATED PROJECT SITE MUNICIPAL BOUNDARIES SITE DATA TOTAL SITE AREA 9,956,767.47 SF (228.57 AC +/-) MAX BUILDING HEIGHT N/A SETBACKS* FRONT (WEST) REQUIRED 25'-0" FRONT (WEST) PROVIDED 150'-0" REAR (EAST) REQUIRED 0'-0" REAR (EAST) PROVIDED 60'-0" SIDE (N + S) REQUIRED 20'-0" SIDE (N + S) PROVIDED 50'-0" TRANSITIONAL SIDE N/A *SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THE PROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES. PARKING DATA CENTER PARKING RATIO 0.2 SPACES PER 1,000 SF REQUIRED PARKING (# SPACES)490 PROVIDED PARKING (# SPACES)432 ACCESSIBLE PARKING REQUIRED (# SPACES)9 ACCESSIBLE PARKING PROVIDED (# SPACES)27 COVERAGE MINIMUM LOT SIZE N/A MAXIMUM BUILDING COVERAGE 85% PROVIDED BUILDING COVERAGE 12.3% MAXIMUM SITE COVERAGE 85% PROVIDED SITE COVERAGE 35.6% MAXIMUM MAX FAR 85% PROVIDED SITE COVERAGE 24.6% FUTURE DEVELOPMENT BUILDING AREAS BUILDING #SIZE HEIGHT (TOP OF BUILDING) HEIGHT (TOP OF EQUIPMENT) BUILDING 1 287,400 SF 55'-0"70'-0" BUILDING 2 287,400 SF 55'-0"70'-0" BUILDING 3 287,400 SF 55'-0"70'-0" BUILDING 4 287,400 SF 55'-0"70'-0" BUILDING 5 287,400 SF 55'-0"70'-0" BUILDING 6 287,400 SF 55'-0"70'-0" BUILDING 7 287,400 SF 55'-0"70'-0" BUILDING 8 287,400 SF 55'-0"70'-0" BUILDING 9 152,000 SF 55'-0"70'-0" TOTAL 2,451,200 SF N/A N/A EMERGENCY ENTRANCE PRIMARY ENTRANCE Exhibit A Exhibit B Legend: Shade Tree (species TBD) Evergreen Tree (species TBD) Ornamental Tree (species TBD) CYRUS ONE PRELIMINARY PLAN Yorkville, Illinois 06-06-2024 / 023-06943 BEECHER ROADRAILROA DELDAMAIN ROADFAXON ROAD BUILDING 1 2 STORY DATA CENTER BUILDING 2 2 STORY DATA CENTER BUILDING 3 2 STORY DATA CENTER BUILDING 4 2 STORY DATA CENTER BUILDING 5 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 7 2 STORY DATA CENTER SUBSTATION (800’ X 1000’) BUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER POND 6 POND 5POND 2 POND 1 POND 4 POND 3 0’100’200’200’400’400’ SCALE IN FEETSCALE IN FEET 1” = 200’ MONUMENT SIGNAGE TYPE D LANDSCAPE TYPE D LANDSCAPE TYPE D LANDSCAPETYPE D LANDSCAPE TYPE D LANDSCAPE Exhibit C ACM-3 ACM-3ACM-1 CP-2 PREFINISHED METAL COLLECTOR BOX AND DOWNSPOUT, TYP. LOUVERED METAL PANEL ENTRY CANOPY ALUMINUM CLIENT LOGO; EXTERIOR STOREFRONT ACM-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING CP-2 CP-1 PAINTED METAL DOOR, TYP. STOREFRONT ENTRY DOOR CP-1 CP-2 CP-1 PRE- MANUFACTURED CANOPY ACM-3 ABS PAINTED METAL DOOR, TYP. CP-1 CP-2 SERVICE YARDCMU WALL AT SERVICE YARD LOADING DOCK OVERHEAD DOORS CP-2 CP-1 | TILT-UP CONCRETE PANEL PAINTED SHERWIN WILLIAMS SW 7075 WEB GRAY ELASTOMERIC COATED CP-2 | TILT-UP CONCRETE PANEL PAINTED BENJAMIN MOORE 2121-40 SILVER HALF DOLLAR ELASTOMERIC COATED ACM-1 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MICA MNC CLEAR ACM-2 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MZG MICA GREY ACM-3 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES PEX PEWTER METALLIC ABS | ACOUSTIC BARRIER SCREEN WALL As indicated EXTERIOR ELEVATIONS 2 NORTH/SOUTH EXTERIOR ELEVATION 1 EAST/WEST EXTERIOR ELEVATION --1/32" = 1'-0" -- LOGO SIGN Exhibit D ACM-3 ACM-1 CP-1 ABS ACM-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING EXTERIOR STOREFRONT LOUVERED METAL PANEL ENTRY CANOPY PAINTED METAL DOOR, TYP. CP-2 CP-2SERVICE YARD CP-1 CP-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING PAINTED METAL DOOR, TYP. CP-1 | TILT-UP CONCRETE PANEL PAINTED SHERWIN WILLIAMS SW 7075 WEB GRAY ELASTOMERIC COATED CP-2 | TILT-UP CONCRETE PANEL PAINTED BENJAMIN MOORE 2121-40 SILVER HALF DOLLAR ELASTOMERIC COATED ACM-1 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MICA MNC CLEAR ACM-2 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MZG MICA GREY ACM-3 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES PEX PEWTER METALLIC ABS | ACOUSTIC BARRIER SCREEN WALL As indicated EXTERIOR ELEVATIONS 1 EAST/WEST EXTERIOR ELEVATION 2 NORTH/SOUTH EXTERIOR ELEVATION --1/32" = 1'-0" -- Engineering Enterprises, Inc.© CROSS SECTION PROPOSED FAXON ROAD AND BEECHER ROAD PAVEMENT SECTION Exhibit E PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SY 175 25.00$ 4,375.00$ 2 CY 5,440 40.00$ 217,600.00$ 3 SY 7,510 3.00$ 22,530.00$ 4 SY 7,510 22.00$ 165,220.00$ 5 SY 6,215 30.00$ 186,450.00$ 6 LB 5,595 0.20$ 1,119.00$ 7 TON 985 90.00$ 88,650.00$ 8 TON 540 100.00$ 54,000.00$ 9 SY 1,035 20.00$ 20,700.00$ 10 SY 1,035 60.00$ 62,100.00$ 11 FOOT 9,300 1.00$ 9,300.00$ 12 FOOT 12 8.00$ 96.00$ 13 FOOT 180 40.00$ 7,200.00$ 14 FOOT 180 100.00$ 18,000.00$ 15 CY 605 40.00$ 24,200.00$ 16 SY 6,215 15.00$ 93,225.00$ 17 FOOT 4,660 10.00$ 46,600.00$ 18 FOOT 45 110.00$ 4,950.00$ 19 EACH 3 400.00$ 1,200.00$ 20 EACH 2 750.00$ 1,500.00$ 21 L SUM 1 30,000.00$ 30,000.00$ 22 L SUM 1 75,000.00$ 75,000.00$ 23 L SUM 1 300,000.00$ 300,000.00$ SUBTOTAL 1,434,015.00$ CONTINGENCY (20%)287,000.00$ TOTAL 1,721,015.00$ DESIGN ENGINEERING 172,000.00$ CONSTRUCTION ENGINEERING 172,000.00$ ROW ACQUISITION 100,000.00$ 2,165,015.00$ Notes: 24' Edge to Edge Pavement, Plus 4' Shoulders (2' Asphalt, 2' Stone) Grading and Shaping Ditches Accounts for Full Length of Project Earth Excavation Accounts for Removal of Pavement, Stone, Base, Clay, Etc. to a Depth of 21" Earth Excavation Includes Removal of Unsuitable Material for Potential Undercuts Any Fill Material Necessary is Included in the Cost of Earth Excavation 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com YO2426-DR JHS/CJO July 1, 2024 Faxon Road Reconstruction HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION AGGREGATE BASE COURSE, 12" ITEM HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT BITUMINOUS MATERIALS (PRIME/TACK COAT) EARTH EXCAVATION HOT-MIX ASPHALT BASE COURSE, 5" GRADING AND SHAPING DITCHES HOT-MIX ASPHALT SHOULDERS, 9" THERMOPLASTIC PAVEMENT MARKING - LINE 4" TOTAL PRELIMINARY COST ESTIMATE ELDAMAIN ROAD INTERSECTION IMPROVEMENTS GUARDRAIL REMOVAL AND REPLACEMENT THERMOPLASTIC PAVEMENT MARKING - LINE 24" PIPE CULVERT REMOVAL SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT RELOCATE EXISTING MAILBOX TRAFFIC CONTROL AND PROTECTION MOBILIZATION HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 AGGREGATE SHOULDERS, TYPE B, 9" PIPE CULVERTS, CLASS C, TYPE 1, 12" AGGREGATE SUBGRADE IMPROVEMENT RESTORATION \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2024\YO2426-DR Cyrus One\Roadways\Preliminary Cost Estimate_YO2426 (Revised 7-1-24) Exhibit F PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SY 110 25.00$ 2,750.00$ 2 CY 3,420 40.00$ 136,800.00$ 3 SY 4,725 3.00$ 14,175.00$ 4 SY 4,725 22.00$ 103,950.00$ 5 SY 3,910 30.00$ 117,300.00$ 6 LB 3,520 0.20$ 704.00$ 7 TON 565 90.00$ 50,850.00$ 8 TON 340 100.00$ 34,000.00$ 9 SY 655 20.00$ 13,100.00$ 10 SY 655 60.00$ 39,300.00$ 11 SF 125 4.00$ 500.00$ 12 FOOT 5,860 1.00$ 5,860.00$ 13 FOOT 48 8.00$ 384.00$ 14 FOOT 50 40.00$ 2,000.00$ 15 FOOT 50 100.00$ 5,000.00$ 16 CY 380 40.00$ 15,200.00$ 17 SY 3,910 15.00$ 58,650.00$ 18 FOOT 2,930 10.00$ 29,300.00$ 19 EACH 6 400.00$ 2,400.00$ 20 EACH 1 750.00$ 750.00$ 21 L SUM 1 20,000.00$ 20,000.00$ 22 L SUM 1 40,000.00$ 40,000.00$ SUBTOTAL 692,973.00$ CONTINGENCY (20%)139,000.00$ TOTAL 831,973.00$ DESIGN ENGINEERING 83,000.00$ CONSTRUCTION ENGINEERING 83,000.00$ ROW ACQUISITION 50,000.00$ 1,047,973.00$ Notes: 24' Edge to Edge Pavement, Plus 4' Shoulders (2' Asphalt, 2' Stone) Grading and Shaping Ditches Accounts for Full Length of Project Earth Excavation Accounts for Removal of Pavement, Stone, Base, Clay, Etc. to a Depth of 21" Earth Excavation Includes Removal of Unsuitable Material for Potential Undercuts Any Fill Material Necessary is Included in the Cost of Earth Excavation 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com MOBILIZATION TOTAL PRELIMINARY COST ESTIMATE PIPE CULVERT REMOVAL PIPE CULVERTS, CLASS C, TYPE 1, 12" AGGREGATE SUBGRADE IMPROVEMENT RESTORATION GRADING AND SHAPING DITCHES HOT-MIX ASPHALT SHOULDERS, 9" THERMOPLASTIC PAVEMENT MARKING - LETTERS & SYMBOLS THERMOPLASTIC PAVEMENT MARKING - LINE 4" SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT RELOCATE EXISTING MAILBOX HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT TRAFFIC CONTROL AND PROTECTION YO2426-DR JHS/CJO July 1, 2024 Beecher Road Reconstruction ITEM THERMOPLASTIC PAVEMENT MARKING - LINE 24" EARTH EXCAVATION GEOTECHNICAL FABRIC FOR GROUND STABILIZATION AGGREGATE BASE COURSE, 12" HOT-MIX ASPHALT BASE COURSE, 5" BITUMINOUS MATERIALS (PRIME/TACK COAT) HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 AGGREGATE SHOULDERS, TYPE B, 9" \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2024\YO2426-DR Cyrus One\Roadways\Preliminary Cost Estimate_YO2426 (Revised 7-1-24) 1 REQUEST SUMMARY: The petitioner, C1 Yorkville, LLC (Cyrus One), contract purchaser, is seeking approval of a special use for Planned Unit Development and Preliminary PUD Plan for the construction of secured data center campus and on-site substation on approximately 228-acres of land located at the northeast corner of Faxon Road and Eldamain Road, formerly known as Lincoln Prairie. The site will consist of up to nine (9) standalone buildings used for networked computers, storage systems and computing infrastructure and six (6) on-site stormwater basins to be developed in phases over a 10 to 20-year period. PROPERTY BACKGROUND: The subject property consists of seven parcels of varying sizes, ranging from one acre to seventy-five acres, located at the northeast corner of Faxon and Eldamain Roads. With a total area of approximately 228 acres, the property was annexed in May 2005 through Ordinances 2005-48 and 2005-49, as part of a larger planned development known as Lincoln Prairie. The annexation agreement designated the property's zoning as M-2 General Manufacturing with special use authorization for an asphalt plant. Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: June 6, 2024 Subject: PZC 2024-15 Cyrus One – Planned Unit Development & Preliminary Plan Proposed Data Center Campus and On-Site Substation Development Packet materials from 6/12/24 PZC meeting to follow 2 As part of the annexation agreement, internal roadways within the property connecting to Eldamain, Beecher, and Faxon Roads were dedicated to the City for future construction. Although the City approved a Final Plat for the Lincoln Prairie development in 2008, it was never recorded. The asphalt plant operation never materialized, and the dedicated future right-of-way was eventually vacated. Despite interest from several large-scale industrial developers and its designation as a Burlington Northern Santa Fe (BNSF) Certified Site in 2019, the property has remained undeveloped for nearly 20 years. In 2023, Green Door Capital (dba Yorkville Nexus LLC) purchased the property with the intention of finding an industrial user to redevelop the site as a data center campus. A separate development agreement related to regional infrastructure improvements and recaptures for this project is currently being discussed with the contract purchaser and the City and will be presented independently to the City Council from the requested PUD and Preliminary Plan approval. ZONING/PLANNED UNIT DEVELOPMENT (PUD): As previously stated, The subject property consists of seven (7) parcels (#02-18-300-004, #02-19-100- 004, #02-19-100-005, #02-18-300-003, #02-18-300-001, #02-18-300-002, and #02-18-400-004) and is zoned M-2 General Manufacturing District, per Annexation Agreement of Lincoln Prairie Yorkville (Ordinance No. 2005-48). The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 (Kendall County) ComEd Substation/Transfer Station - Utility Use South A-1 (Kendall County) BNSF Railroad Agricultural, Residential and Business Uses Transportation Land Use East A-1 SU (Kendall County) A-1 SU (Yorkville) Agriculture/Residential Land Use Agriculture & Solar Farm (approved) Land Use West Eldamain Road M-2 General Manufacturing (Plano) Transportation Land Use Menards Distribution Center The petitioner plans to build a secured data center campus. A data center is a facility that houses computing machines and related hardware equipment, including servers, data storage drives, and network equipment. It serves as the physical infrastructure necessary for IT systems and stores a company's digital data. The proposed site will feature nine buildings, six stormwater basins, and an on-site substation. Data center developments usually include backup power generators to ensure continuous power supply in case of an electrical outage. 3 Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. Additionally, Section 10-8-8 of City’s Unified Development Ordinance (UDO) establishes standards for Planned Unit Development (PUDs). PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. The modification standard this proposed planned unit development (PUD) aligns with is #12 “Regional Utility Improvements”, as the data center campus will extend public utilities (water and sanitary) to and through the property resulting in recapturable payments to the developer when future property owners in the area benefit from connecting to such utility that had not previously existed. PROPOSED PRELIMINARY PUD PLAN: As proposed, the data center campus will have nine (9) two-story buildings and a centralized 800,000 square foot electric substation structure. Three (3) buildings (#1-3) will be located west of the substation near the northwest corner of Eldamain Road and Faxon Road. Two (2) buildings (#4-5) are situated south of the substation fronting Faxon Road and the BNSF rail line. The remaining four (4) buildings (#6-9) are oriented east of the substation, just north of the railroad and west of Beecher Road. Additionally, six (6) stormwater detention ponds are strategically provided throughout the site and four (3) wetland areas are identified. The plan also shows a future development area located to the north abutting Eldamain Road. Parking is provided adjacent to each of the buildings and the entire campus will be enclosed by an 8-foot- tall high security steel fence with entry gates at each access. Total proposed lot coverage, including buildings, driveways, parking and other hard surfaces, will not exceed the maximum 85% permitted in the M-2 zoning district per the Unified Development Ordinance. 4 The original site plan dated April 15, 2024, proposed to have four (4) points of access. Three (3) off of Eldamain Road and one (1) off of Beecher Road. These access points lead to internal private roadways which loop around the nine (9) proposed buildings and connect to the electric substation. The main full access was to be off of Eldamain Road and align with the existing Menards development to the west. It was also noted that two (2) of the access points located at the northeast and northwest corners of the subject property were intended exclusively for the user, ComEd, and emergency medical services (EMS) to the electrical substation. Should ComEd not require both access points, one of the access points would be eliminated. However, after discussions with the Kendall County Highway Department, which has jurisdiction over Eldamain Road, the petitioner submitted a revised site plan dated May 21, 2024 which reduced the number of access points to two (2) with the primary entry access off of Eldamain Road, still aligning with the Menards development, and a secondary emergency access off of Faxon Road. The access off of Beecher Road for ComEd has been eliminated. The preliminary plan is considered an initial draft that outlines the petitioner's intended layout for a future final plat of subdivision, including all proposed site improvements. Typically, preliminary plans are valid for twelve (12) months. However, for Planned Unit Developments (PUDs), which are considered special uses, the approved plans expire only after three (3) years from approval if no Building Permit is issued and no portion of the property is final platted. PHASING OF DEVELOPMENT: The petitioner has proposed to develop the subject property in nine (9) phases over a 10 to 20-year period and have provided a phasing schedule table as depicted on the Preliminary PUD Plan. Phase 1 will consist of constructing Building #4, the electric substation, and ponds #3 and #5. Additional ancillary infrastructure provided in Phase 1 includes the primary access road, secondary/emergency access road and perimeter roads, on-site parking, and perimeter fencing. REQUESTED PUD DEVIATIONS: The petitioner has listed thirteen (13) proposed deviations from the base M-2 General Manufacturing District standards as part of the PUD and Preliminary Plan. Upon staff review and analysis of the submitted plans, only ten (10) deviations to the M-2 district standards are warranted, as detailed below: 1. Building Setbacks - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current M-2 General Manufacturing District standards with the proposed Planned Unit Development (PUD) requested modifications: BUILDING SETBACKS REQUIRED MINIMUM SETBACKS M-2 DISTRICT PROPOSED MINIMUM SETBACKS PUD PLAN* FRONT YARD (Eldamain Road) 25’ 150’ SIDE YARD (North/South) Min. 10% of lot/Max. 20’ 50’ REAR YARD (Beecher Road) 0’ 60’ The petitioner is seeking to have the setbacks apply only to the boundary/perimeter of the subject property rather than each individual building on the site, although the petitioner anticipates subdividing the subject parcel into multiple lots. For the purposes of the perimeter setbacks, the petitioner is requesting Eldamain Road is the established front yard and Beecher Road is the established rear yard. 5 The petitioner seeking a zero (0) foot building setback for all yards on future plats for buildings within the data center campus, as Section 10-8-6-C-6.c(6) of the Unified Development Ordinance requires building setback lines on all lots. Staff is supportive of this request. 2. Permitted Uses - Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. Use standards for Energy Industrial Uses are reserved for future regulations, if ever approved, under Section 10-4-10 in the Unified Development Ordinance. The petitioner is seeking waiver of future standards adopted being applicable to this subject property after adoption of the Planned Unit Development. Staff is supportive of this request. 3. Parking Requirements - According to the Preliminary PUD Plan submitted, there are 432 total parking spaces with 27 ADA spaces to be provided on the property to accommodate the proposed nine (9) building data center campus and electric substation uses. However, the total required parking for the subject property is 736 spaces, including 15 ADA accessible spaces (2%). Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, a minimum of 15 electric vehicle charging stations is required. The petitioner is requesting a variance from the UDO required 0.3 spaces per 1,000 to 0.2 spaces per 1,000. Staff is supportive of establishing a minimum parking standard in the PUD ordinance of no less than 400 off-street parking spaces for the data center campus based off of net floor area and a minimum of ten (10) electric vehicle charging stations. Further, staff recommends the difference in provided parking and required parking based off of net floor area shall be subject to Section 10-5-1-I Fee-In-Lieu of Off-Street Parking. This will be included as a condition of the special use for the PUD. 4. Vehicular Cross Access - Per Section 10-5-1-F of the Unified Development Ordinance, cross access between adjoining developments which minimizes access points along streets, encourages shared parking, and allows for vehicular access between land uses is required. Due to the impracticality and security concerns of requiring the data center providing vehicular access to adjacent properties, the petitioner is seeking relief from providing cross access. Staff is supportive of this request. 5. Pedestrian Circulation - Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The petitioner states that walkways between parking areas and building entrances will be provided on-site, however they seek a waiver for public access and connection to public sidewalks and bicycle trails due to the nature and security of the proposed land use. Staff is supportive of this request. 6. Off-Street Loading - Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses, loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. 6 The petitioner requests a minimum of one (1) off-street loading space per data center campus building on the subject property. Staff is supportive of this request. 7. Landscaping - Section 10-5-3 establishes landscape standards for new developments. The following landscape requirements would apply to this development: building foundation landscaping, parking area perimeter landscaping, parking area interior landscaping, and transition zone landscaping. The petitioner has not submitted a landscape plan but are seeking relief from all minimum requirements. Staff recommends the petitioner provide a landscape plan that provides enhanced perimeter landscaping along Eldamain, Faxon, and Beecher Roads consistent with a Type (D) Transition Zone landscaping as provided in Section 10-5-3(F)(3) of the Unified Development Ordinance as depicted below: Staff is amenable to relief from the parking area perimeter landscaping and some relief from the building foundation and parking area interior landscaping requirements, but a final landscape plan with specific requests for relief must be provided. 8. Mechanical Screening – Per Section 10-5-4 Screening of the Unified Development Ordinance, ground/wall-mounted and roof mounted mechanical units that are visible from any public right- of-way or adjacent residential property shall be screened from public view. Petitioner is seeking to establish standards for screening both types of mechanical units. Petitioner proposes to screen ground mounted mechanical equipment with vinyl fencing equal to the height of the generator units but excluding any stacks protruding above the unit. No screening is proposed for rooftop mechanical units. Staff has engaged a sound engineer, Nathan Sevener of Soundscape Engineering, to evaluate the preliminary PUD plan, taking into consideration the surrounding existing and future land uses. The attached report dated June 6, 2024 addresses their findings related to potential noise generated by outdoor mechanical equipment. Based on the preliminary review, the engineer does believe with proper siting, equipment selection, noise control screening, compression wraps and other approaches it is possible for the data center campus to comply with the City’s Noise Ordinance. The sound engineer will also review the petitioner’s building permit applications for noise control design and analysis. Staff recommends this memorandum and review of the building permit by the sound engineer be included as an exhibit and condition of the special use for the PUD. 9. Lots – Per Section 10-7-2 requires all lots to conform with district standards and states all lots shall front or abut on a public street. Since the site has internal private roadways. 7 The petitioner is seeking waiver from the requirement for lots to have access on a public street due to the unique nature of the secure data center campus. Staff is supportive of this request. 10. Appearance Standards - Per Section 10-5-8-C-4 Industrial Uses, masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building. Any other facade that abuts a street shall incorporate masonry products or precast concrete. The use of masonry products or precast concrete is encouraged on the remaining facades. Where precast concrete panels or split face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. The petitioner has submitted exterior building elevations depicting structures with materials such as concert panels, metal panels, and acoustic barrier screen walls in hues of gray and pewter (see images below). 8 While the proposed materials and color palette are consistent with the Appearance Standards, Section 10-5-8-C-4b.(2) of the Unified Development Ordinance requires industrial buildings with facades greater than one hundred (100) feet in length shall incorporate recesses, projections, windows, or other ornamental/architectural features along at least thirty (30) percent of the length of the facade abutting a public street in an effort to break up the mass of the structure. The buildings fronting a public street are Buildings #1, #2, #3, #8 and #9. Due to the increased building setback and recommended enhanced perimeter landscaping, the petitioner is seeking relief from this requirement. Staff is amenable to this request but may recommend additional visual architectural interest (such as metallic panels) along those building facades which front Eldamain Road is enhanced landscaping is not provided. ROADWAY RECONSTRUCTION: Per comments from the City Engineer in a review letter dated May 29, 2024, right-of-way dedication will be required along Faxon and Beecher Roads. The City will require eighty feet (80’) of total right-of-way along these roadways. Additionally, Faxon and Beecher Roads are not built to City standards and will be required to be reconstructed per City Code. This recommendation, along with all comments provided in the City Engineer’s review letter will be a condition of the special use for the Planned Unit Development. A location of the required improvements is provided below: COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “General Industrial” which is defined typically for a broad range of warehousing and manufacturing activities located adjacent to the Eldamain Corridor along the BNSF Railway line. Overall, staff supports the proposed PUD and its consistency with the proposed underlining zoning of M-2, but note the following recommendations from the Comprehensive Plan related to the subject property: 9 In Figure 8.17: Eldamain Road Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan Update (North of the Fox River) the subject area is identified as “Zone B – Distribution (Corneils Road to BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual character. The recommended enhanced perimeter landscaping along Eldamain Road for the proposed Preliminary Planned Unit Development Plan will accomplish this comprehensive plan goal. STANDARDS FOR SPECIAL USE: The Planning and Zoning Commission may recommend approval of a Special Use upon considering the following standards: 1. 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. 2. 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 or near the neighborhood in which it is to be located. 3. 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. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. 10 STANDARDS FOR PLANNED UNIT DEVELOPMENT: The Planning and Zoning Commission may recommend approval of a Planned Unit Development (PUD) upon considering the following standards (Section 10-8-8-E of the Unified Development Ordinance): 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. The petitioner has provided written responses to these standards which will be incorporated into the record during the public hearing. STAFF COMMENTS: The proposed Planned Unit Development and Preliminary PUD Plan are in general conformance with the standards provided in the Unified Development Ordinance. Staff recommends approval of the special use for Planned Unit Development (PUD) and the Preliminary PUD plan subject to the deviations requested by the petitioner and conditions stipulated in staff’s memorandum. PROPOSED MOTIONS: 1. Special Use for Planned Unit Development In consideration of testimony presented during a Public Hearing on June 12, 2024 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization of a Planned Unit Development for a data center campus to be located at the northeast corner of Faxon Road and Eldamain Road subject to the conditions enumerated in a staff memorandum dated June 4, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 11 2. Preliminary PUD Plan The Planning and Zoning Commission recommends approval to the City Council of the Cyrus One – Yorkville, Illinois – Preliminary PUD Plan prepared by Olsson and dated May 21, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Memorandum prepared by Soundscape Engineering dated June 6, 2024 2. Copy of Petitioner’s Application 3. Cyrus One – Yorkville, Illinois Preliminary PUD Plan dated May 21, 2024 prepared by Olsson 4. Exterior Elevations prepared by Corgan 5. EEI Review Letter to the City dated May 29, 2024 6. Plan Council Packet Materials 05-23-24 7. Public Hearing Notice Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com MEMORANDUM June 6, 2024 To: Krysti J. Barksdale-Noble, Community Development Director, United City of Yorkville, knoble@yorkville.il.us From: Nathan Sevener, INCE Bd.Cert re: PZC 2024-15 Cyrus One proposed Data Center Campus and On-site Substation Development Preliminary Comments on Potential Noise Transmission to Community Per Soundscape Engineering’s consulting services contract with the United City of Yorkville, I am providing the following preliminary comments regarding potential noise transmission from the proposed development of a data center campus with on-site substation to the surrounding community. At this time, there is insufficient Project information available to allow calculation of noise transmission from the proposed Development to the surrounding community. However, based on my experience, review of the of the Preliminary PUD Plan, and the uses of the properties near the proposed site, I can provide the following comments for your consideration.  Chapter 4 of the Yorkville Code of Ordinances restricts noise transmission to both residential and commercial land uses. The limit on sound transmission to residential land uses during the nighttime is the most restrictive. Since the proposed Data Center Campus can be expected to operate during both daytime and nighttime, nighttime sound level limits will need to be considered when evaluating noise transmission from the proposed Data Center Campus.  There are large residential developments to the Southeast and Southwest of the proposed Data Center Campus, but they are not immediately adjacent. The distance between the proposed Data Center Campus and these residences will be beneficial. There are, however, several single-family residences very near the proposed Data Center Campus. These residences are located immediately across the road to the West, South, and East of the proposed Data Center Campus.  In my experience, the primary noise sources associated with Data Centers are the electrical power generators and the cooling equipment. The Applicant should provide a noise impact assessment report for review by the City. The report should describe how the assessment was performed, list the specific noise generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City’s noise ordinance will be met.  The Applicant should note, in particular, that the Noise Ordinance includes a sound level limit penalty for noise that is tonal in character. Some types of cooling equipment, such as chillers, emit tonal noise. Cyrus One Data Center – Preliminary Comments June 6, 2024 SE No. 2234 Page 2 of 2 Soundscape Engineering 3711 N. Ravenswood Ave., Ste. 104 • Chicago, IL 60613 • (312) 436-0032 729 W. Ann Arbor Trl., Ste. 150 • Plymouth, MI 48170 • (734) 418-8663 www.SoundscapeEngineering.com  Based on my noise control engineering experience, it should be possible for the Data Center Campus to comply with the City’s Noise Ordinance, if noise control is considered during the selection and siting of cooling equipment and power generators. Depending on siting and equipment types, noise control screening, compressor wraps, or other approaches may be needed for the outdoor cooling equipment and noise control enclosures and mufflers will most likely be needed for the generators. **END OF MEMORANDUM** APPLICATION INVOICE WORKSHEET United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us INVOICE & WORKSHEET PETITION APPLICATION CONCEPT PLAN REVIEW Engineering Plan Review deposit $500.00 Total: $ AMENDMENT Annexation Plan Plat P.U.D. $500.00 $500.00 $500.00 $500.00 Total: $ ANNEXATION $250.00 + $10 per acre for each acre over 5 acres Total: $ # of Acres Acres over 5 Amount for Extra Acres Total Amount REZONING $200.00 + $10 per acre for each acre over 5 acres Total: $ If annexing and rezoning, charge only 1 per acre fee; if rezoning to a PUD, charge PUD Development Fee - not Rezoning Fee ____________ - 5 = ____________ x $10 = ____________ + $200 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount SPECIAL USE $250.00 + $10 per acre for each acre over 5 acres Total: $ ____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount ZONING VARIANCE $85.00 + $500.00 outside consultants deposit Total: $ PRELIMINARY PLAN FEE $500.00 Total: $ PUD FEE $500.00 Total: $ FINAL PLAT FEE $500.00 Total: $ ENGINEERING PLAN REVIEW DEPOSIT Less than 1 acre Over 1 acre, less than 10 acres Over 10 acres, less than 40 acres Over 40 acres, less than 100 acres Over 100 acres $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 Total: $ OUTSIDE CONSULTANTS DEPOSIT Legal, land planner, zoning coordinator, environmental services Total: $ For Annexation, Subdivision, Rezoning, and Special Use: Less than 2 acres Over 2 acres, less than 10 acres Over 10 acres $1,000.00 $2,500.00 $5,000.00 TOTAL AMOUNT DUE: x x x x 500.00 500.00 10,000.00 5,000.00 18,750.00 ____________ - 5 = ____________ x $10 = ____________ + $0 = $ ____________280 275 2,750 2,750 2,750.00 APPLICATION INVOICE WORKSHEET United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us INVOICE & WORKSHEET PETITION APPLICATION CONCEPT PLAN REVIEW Engineering Plan Review deposit $500.00 Total: $ AMENDMENT Annexation Plan Plat P.U.D. $500.00 $500.00 $500.00 $500.00 Total: $ ANNEXATION $250.00 + $10 per acre for each acre over 5 acres Total: $ # of Acres Acres over 5 Amount for Extra Acres Total Amount REZONING $200.00 + $10 per acre for each acre over 5 acres Total: $ If annexing and rezoning, charge only 1 per acre fee; if rezoning to a PUD, charge PUD Development Fee - not Rezoning Fee ____________ - 5 = ____________ x $10 = ____________ + $200 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount SPECIAL USE $250.00 + $10 per acre for each acre over 5 acres Total: $ ____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________ # of Acres Acres over 5 Amount for Extra Acres Total Amount ZONING VARIANCE $85.00 + $500.00 outside consultants deposit Total: $ PRELIMINARY PLAN FEE $500.00 Total: $ PUD FEE $500.00 Total: $ FINAL PLAT FEE $500.00 Total: $ ENGINEERING PLAN REVIEW DEPOSIT Less than 1 acre Over 1 acre, less than 10 acres Over 10 acres, less than 40 acres Over 40 acres, less than 100 acres Over 100 acres $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 Total: $ OUTSIDE CONSULTANTS DEPOSIT Legal, land planner, zoning coordinator, environmental services Total: $ For Annexation, Subdivision, Rezoning, and Special Use: Less than 2 acres Over 2 acres, less than 10 acres Over 10 acres $1,000.00 $2,500.00 $5,000.00 TOTAL AMOUNT DUE: x x x x 500.00 500.00 10,000.00 5,000.00 18,750.00 ____________ - 5 = ____________ x $10 = ____________ + $0 = $ ____________280 275 2,750 2,750 2,750.00 1 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) ) UNITED CITY OF YORKVILLE ) PETITION FOR SPECIAL USE AND PLANNED UNIT DEVELOPMENT APPROVAL THE UNDERSIGNED Petitioner, C1 Yorkville, LLC, a Delaware limited liability company (hereinafter the “Petitioner”), respectfully petitions the United City of Yorkville (the “City”) to grant a special use for planned unit development with development allowances as detailed on the plans submitted herewith for the Property (as defined below). BACKGROUND INFORMATION 1. The owner of the Property is Yorkville Nexus LLC, an Illinois limited liability company (“Owner”); 2. The Petitioner is C1 Yorkville, LLC, a Delaware limited liability company, having an office located at 2820 N. Harwood Street, Suite 2200, Dallas, TX 75201. 3. Petitioner is the contract purchaser of the Property or is an affiliated entity of the contract purchaser of the Property; 4. The Property consists of +/- 228 acres located at the northeast corner of Eldamain Road and Faxon Road in the City, which property is legally described on Exhibit A, attached hereto and made a part hereof (the “Property”) and depicted on the Preliminary PUD Plan attached as Exhibit B (hereinafter the “Preliminary Plan”); 5. The Property was originally annexed to the City pursuant to Ordinance No. 2005- 48 on May 24, 2005; 6. The Property is zoned M-2 General Manufacturing District under the Unit City of Yorkville Unified Development Ordinance (the “Code”); 2 7. Petitioner seeks to develop the Property as a secure data center campus with an onsite electrical substation (the “Data Center Campus”) as generally depicted on the Preliminary Plan; 8. The Data Center Campus will be developed in phases, over what Petitioner estimates to be a ten to twenty year period; 9. The planned unit development will establish standards which will govern the phased development of the Data Center Campus; 10. As a Data Center Campus, the Property will be used for up to nine (9), stand-alone building facilities comprised of networked computers, storage systems, and computing infrastructure used to assemble, process, store and disseminate data, along with an onsite electrical substation to provide electricity to such facilities; and 11. Petitioner has submitted the appropriate supporting details for approval of the special use and Planned Unit Development as set forth herein. PROJECT SUMMARY Petitioner is a wholly owned subsidiary of CyrusOne. CyrusOne is a leading global data center developer and operator specializing in delivering state-of-the-art digital infrastructure solutions that serve some of the world’s foremost technology companies. CyrusOne currently owns and operates a multi-building data center campus in Aurora at 2905 Diehl Road (hereinafter the “C1 Facility”). The C1 Facility, purchased by an affiliate of CyrusOne in 2016 and expanded in subsequent years, is a collection of mission-critical buildings that have been a welcome addition to the City of Aurora, ultimately leading to significant additional development in the area. The data center’s use is low-impact in terms of demand on public resources, but generates significant tax revenues due to the unique electric demands of the facility. 3 The proposed Data Center Campus, as depicted on the Preliminary Plan, will allow CyrusOne to expand its footprint in the Chicagoland region beyond its existing C1 Facility for the express purpose of meeting the growing demand of its customer base. The relative proximity of the regional facilities will provide an efficient operation for both the operator of the facility and for tenants who intend to expand into the new Data Center Campus. Located on approximately 228 acres, the proposed Data Center Campus will consist of up to nine (9) separate data center building facilities and an electrical substation. Improvements to the Data Center Campus will be constructed in up to nine (9) phases as generally depicted in the Preliminary Plan. In the first phase of construction, Petitioner will install all necessary utilities and site infrastructure to service the first phase of the project, including the electrical substation, as well as building 4, detention ponds 3 and 5, the primary access road and security checkpoint, as well as on-site parking for building 4 and perimeter fencing for the Data Center Campus. Construction of each building generally requires approximately one (1) year to eighteen (18) months to bring online. Petitioner estimates that the ultimate build-out of the Data Center Campus will take ten to twenty years, depending on market conditions. There are up to four (4) secure points of access to the Data Center Campus. Two (2) of access points are intended to exclusively service the onsite electrical substation, which will generate very infrequent traffic. These access points will be locked, only providing access to ComEd officials and EMS teams. The substation access points are located at the northeast and northwest corners of the Property, providing alternative access from Beecher Road and Eldamain Road. If it is determined that ComEd requires only one access point to the substation. then one of the two (2) access points may be eliminated. 4 The buildings within the Data Center Campus will be accessed exclusively from the two southern access points on Eldamain Road. The central access driveway will serve as the primary means of ingress and egress to the buildings. This driveway will be improved with a guard stand and a series of gates to maintain necessary levels of security within the Data Center Campus. This primary point of access allows a vehicle to enter the campus through an automatic, electric fence, wherein identification and access credentials are required at a security checkpoint to proceed through in order to access the buildings within the Data Center Campus. Visitors who are not granted access to the campus are directed to exit the premises through the southwesternmost access drive back to Eldamain Road. The internal pavement section north of the southwesternmost access point provides ample room to facilitate security operations without negatively impacting traffic on the public roadway (Eldamain Road). To secure the Data Center Campus, Petitioner proposes an approximately eight foot (8’) perimeter security fence as delineated on the Preliminary Plan. A spec for the security fence is included with the submittal materials. The security fence will also encompass the proposed electric substation. Like the C1 Facility, the façade of the buildings to be constructed on the Data Center Campus incorporate architectural treatment atypical of traditional warehouse or industrial buildings. The proposed glazing, façade articulation, precast concrete walls and metal building components are representative of the extraordinary investment in the campus, which consists of nine (9) buildings, the first of which is anticipated to come online in 2026, subject to power availability, with each subsequent building completed each year thereafter. The building height is measured at fifty feet (55’) to the surface of the flat roof, a spec of which is included with the submittal materials. Rooftop equipment extends up to a maximum height of 75 feet. The actual and specific heights of the buildings and rooftop equipment will vary over time as changes are 5 made to CyrusOne’s standard building specifications or if other specific building changes are dictated by their customers. STANDARDS FOR SPECIAL USE APPROVAL FOR A PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-5. D. 1. 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 proposed development of the Property as a Data Center Campus will promote the public health, safety, morals, comfort and general welfare of the City. The Property was originally annexed and zoned in the City in 2005. Despite the underlying zoning, the Property has sat fallow, without productive use consistent with the underlying zoning district for nearly 20 years. The proposed use of the Property as a Data Center Campus is a permitted use consistent with the underlying zoning. The proposed development of the Property will facilitate substantial investment in the City that will produce new construction jobs, long-term employment opportunities, and significant new tax revenue streams. The investment in the Data Center Campus will establish the City as a competing regional leader in data center capacity for future tenants and position the community as an employment base within a new and growing sector of the economy. 2. 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 or near the neighborhood in which it is to be located. The parcel to the north of the Property is located in unincorporated Kendall County and is occupied by ComEd for use as a transfer station, aligning with the proposed location of the electric substation to be constructed in connection with the Data Center Campus. The parcel to the west of the Property is beyond the jurisdictional boundaries of the City, located within the City of Plano and occupied by Menards for warehousing purposes, aligning with the general manufacturing zoning use of the Property. The parcel to the south of the Property is located in unincorporated 6 Kendall County and is used for agricultural purposes. The parcel to the east of the Property was annexed to the City in 2023 and occupied by New Leaf Energy and used as a solar farm, which is compatible to other M-2 General Manufacturing uses. The proposed use of the facility, as a Data Center Campus, is a “permitted use” in the underlying zoning district. The development of a data center represents a unique level of investment. Data center developers are attracted to certain locations due to existing utility infrastructure. Still, existing infrastructure is typically insufficient to support the ultimate requirements of a data center (electric load in particular), so development of a data center typically entails significant new private investment in upgrades to utility infrastructure. The ultimate development, which is typically backed by institutional investment, results in uniquely high values within a sub-market. These values bolster revenue streams for local governmental jurisdictions that rely heavily on property taxes. By way of comparison, the C1 Facility has an assessed value of nearly $16,000,000, or approximately $350,000 per acre. Accordingly, the investment and accompanying Data Center Campus and electrical substation improvements Petitioner proposes to construct on the Property will vastly increase values of adjacent properties, not impair or diminish them. 3. 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. The City’s Code specifically identifies a “data center” as a “permitted use” in both the M- 1 and M-2 zoning districts. In other words, the City has already deemed a “data center” as an appropriate use of the Property. It is not the use of the Property as a “data center” that necessitates a “special use,” but it is Petitioner’s request for a planned unit development that establishes comprehensive standards for the phased development of multiple data centers within a campus- like setting that necessitates the special use. As Petitioner makes significant long-term investment 7 with the initial phase of development for the Data Center Campus, the special use for a planned unit development will provide Petitioner with a long-term guaranty that the standards for future phases of project are not subject to legislative change. The framework for development that is set forth in the planned unit development will not impede normal and orderly development of surrounding properties. Quite to the contrary, the planned unit development will provide a clear framework for the intended improvement of the Property thereby providing surrounding property owners with clear direction that may help facilitate the improvement of their properties. The City’s Comprehensive Plan, adopted in 2016, specifically references the development of the Property (referred to as the “Lincoln Prairie Industrial Properties”) in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business Center…”. The direction provided in the Comprehensive Plan aligns with the M-1 zoning of the Property. Both the Comprehensive Plan and the underlying zoning are consistent with the proposed development of the Property as a Data Center Campus. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. The Property is generally well-positioned in terms of access and utilities. The means of ingress/egress to the Data Center Campus is specifically outlined above. Based on Petitioner’s international experience with development of data center facilities, Petitioner believes that the proposed ingress/egress will sufficiently service the intended use of the Property. Internal to the Property, Petitioner has designed a series of drive aisles which are essential to the function and security requirements for the Data Center Campus. Due to the security associated with the Data Center Campus, all of these drive aisles will be privately owned, operated and maintained. The private ownership of this road network significantly reduces the development’s impact on public facilities, as the City will have no internal public roadway that it will be 8 responsible for owning and maintaining. Necessary and appropriate easements will be granted at final plat to ensure perpetual private rights of access and other utility easements, including water line easements as reflected on the Preliminary Plan. Petitioner’s civil engineer has designed a series of stormwater management basins consistent with applicable stormwater regulations. These stormwater management basins will be improved with native vegetation. The naturalized stormwater basins will provide open space and establish new habitat. The deep-rooted native vegetation will minimize erosion and promote infiltration, providing new ecological benefits. Petitioner is coordinating the extension of municipal sanitary and water services with City staff. The extension of these public services represents a significant up-front cost to be borne by Petitioner. While the cost of utility extensions will be subject to reimbursement, the size and scale of the investment undertaken by Petitioner is extraordinary. The Petitioner’s extension of public infrastructure will position other property in the area for additional investment. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Based on Petitioner’s international experience with development of data center facilities, Petitioner designed an efficient and appropriately security means of ingress/egress to the Data Center Campus. The proposed ingress/egress utilizes a significant setback from the Eldamain right-of-way to ensure that queuing at the security entrance to the Data Center will not result in back-up of traffic onto the public streets. Internal to the campus, the drive aisles and gating systems are appropriately sized and spaced not only for traffic entering the campus, but to handle vehicles which are not admitted to the campus. Along Eldamain, the northernmost access to the substation is aligned with ingress/egress to the adjacent industrial development. The central and southern access points, which will handle ingress/egress to the buildings located in the Data Center 9 Campus, are appropriately spaces between competing access points. Petitioner has engaged a traffic engineer to prepare a traffic study to confirm capacity of the roadways. The traffic study will be provided to the City upon completion. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. The City adopted its most current Comprehensive Plan in 2016. According to the Comprehensive Plan, to accomplish the future development of the City’s industrial areas, the community planning objectives include: (i) removing barriers to industrial area investment and facilitating development through the use of incentives and regulatory relief; (ii) concentrating industrial attraction efforts in near-term industrial areas, such as the Yorkville Business Center and the Fox Industrial Park; (iii) facilitating redevelopment of industrial areas to accommodate industrial uses of different sizes and to achieve more modern office park settings; and (iv) encouraging best practices in industrial building/park design, stormwater management, landscape buffering and placemaking. The Comprehensive Plan identifies five (5) industrial areas with developable land, which include the Property. By granting the special use for a planned unit development to permit the use and construction of the proposed Data Center Campus on the Property, the City is advancing the objectives of the Comprehensive Plan in facilitating industrial development through regulatory relief. Additionally, granting the special use for the development of the Data Center Campus accomplishes a long-range goal in the immediate future (reflected on Table 5.2) for the development of Healey Asphalt/Lincoln Prairie, given the “slack in demand” as expressly cited by the Comprehensive Plan. Furthermore, the Comprehensive Plan specifically references the development of the Lincoln Prairie Industrial Properties in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business 10 Center…”. Accordingly, the proposed Special Use is not contrary to the objectives of the City’s Comprehensive Plan, but further accomplishes its objectives in the near-term. REVIEW STANDARDS FOR APPROVAL OF PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-8. E. 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. As stated hereinabove, the proposed Planned Unit Development for the Data Center Campus is consistent with the objectives of the City’s Comprehensive Plan. The Comprehensive Plan specifically references the development of the Lincoln Prairie Industrial Properties in its vision strategy, stating that “..future Industrial development should occur as a planned industrial subdivision, similar to the Yorkville Business Center…”. By granting Petitioner’s request for a planned unit development, the City accomplishes this goal in the near term, much in advance of the long-term strategy outlined in it Comprehensive Plan. By approving development of the Property as a planned unit development, the City ensures the coordinated and thoughtful planning of a large-scale industrial property and establishes a framework for the type of phased investment that is generally required for a development of this size and scale. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. The Preliminary Plan is laid out and shall be developed as a unit in accordance with an integrated overall design, in which the two (2) land uses function as a cohesive whole and support one another; one for the electric substation and the other for data center building uses. As reflected on the Preliminary Plan, a new electric substation will be developed as a critical component of the 11 project in order to provide the necessary electricity to the nine (9) phased buildings to be constructed on the Property. This design provides an identifiable center for which the substation is located. The focal areas of the project are the nine (9) data center buildings with allocated parking and access driveways, which form focus areas of activity. The edges of the Data Center Campus are defined by the access driveways and stormwater ponds the provide the necessary and appropriate drainage for the impervious surfaces and as required by the Code, creating a harmonious grouping of buildings, uses, facilities. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. The proposed development of the Property as a Data Center Campus as a Planned Unit Development will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. The design and operation of data centers does not impact the vast supply of light or air. Notably, physical improvements to the Property are located toward the core of the Property. Planned setbacks are significantly greater than what is required under the zoning ordinance. Moreover, Petitioner has generally located open space in the form of stormwater detention basins around the perimeter of the Property. The proposed configuration of the buildings ensures that the planned unit development will not impair the supply of light and air nor increase the danger of fire to adjacent property. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 12 The establishment of Planned Unit Development for the Property consisting of the Data Center Campus is generally compatible with and consistent with the uses of adjacent parcels. As previously provided herein, the parcel to the north of the Property is located in unincorporated Kendall County and is occupied by ComEd for use as a transfer station, which aligns with the proposed location of the substation to be constructed in connection with the Data Center Campus. The parcel to the west of the Property is beyond the jurisdictional boundaries of the City and is located within the City of Plano, being used and occupied by Menard’s for warehousing purposes, aligning with the current general manufacturing and industrial zoning use of the Property. The parcel to the south of the Property is located in unincorporated Kendall County and is used for agricultural purposes. The parcel to the east of the Property is occupied by New Leaf Energy for a solar farm, which is considered by the City Code to be compatible to an industrial use. In connection with the development of the Property, building setbacks will significantly exceed City Code requirements. Perimeter landscaping and stormwater improvements will also create natural buffer feature, further protecting the current and future uses on adjacent properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. The Planned Unit Development of the proposed Data Center Campus is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. Petitioner’s civil engineer has designed a series of stormwater management basins, which will handle runoff from impervious surfaces. Roadway access has been discussed at length herein. While public utilities are not presently available at the Property, Petitioner and City staff have been coordinating on a plan to extend utilities to and through the Property. The 13 extension of public utilities through the Property represents a significant investment which will help position other properties in the immediate area for development. A new electric substation will be developed as a critical component of the project. The development of the proposed Data Center Campus as a Planned Unit Development will not pose a significant burden on public facilities and infrastructure, but will improve public facilities and infrastructure in a manner that will likely facilitate additional investment on nearby properties. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. The proposed Data Center Campus as a Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. Petitioner has/will undertake necessary and appropriate studies to evaluate wetlands/waters, threatened/endangered species, and historical resources. Petitioner will coordinate necessary approvals with the City as a condition to the construction of improvements to the Property. REQUIRED DEVIATIONS FROM UNIFORM DEVELOPMENT ORDINANCE 1. Table 10-3-9(A) Bulk and Dimensional Standards. In accordance with the City’s Code, required setbacks are as follows: Front: 25’; Side: 20’; Rear: 0’. Petitioner seeks a deviation to measure setbacks only to the boundary of the Property. Petitioner anticipates future subdivision of the Property into multiple parcels and seeks a waiver of any setback requirement between property lines internal to the Property (i.e. between buildings 1 and 2). For purposes of applying setbacks, Eldamain Road shall be the front setback. Beecher Road shall be the rear setback. The north and south property lines of the Property shall be side yards. 2. Chapter 10-4-10 Energy Industrial Uses. Under the City’s Code, a data center is defined as an Energy Industrial Use. The City has not established specific use standards for Energy Industrial Uses, which include data centers. As such, the proposed Data Center Campus is not presently subject to any use standards under Chapter 4 of the City’s Code. No use 14 standards adopted after the approval of the planned unit development shall be applicable to the Property. 3. Table 10-5-1(H)(5) Minimum Parking Requirement. In accordance with the City’s Code, the minimum parking requirements are 0.3 spaces per 1,000 square feet. Petitioner hereby requests a variance from the Code to 0.2 spaces per 1,000 square feet. Petitioner’s average building is 287,400 square feet, requiring 57 spaces per building and is closely aligned with Petitioner’s actual need per building, calculated to be approximately 54 spaces per building. Parking within the Data Center Campus shall not be calculated on a lot-by- lot basis, but shall be shared between buildings/lots that comprise the Data Center Campus. To the extent that the security needs of a lot/building dictate that access to the parking for said lot/building is restricted solely for the use of the occupant of said building, the parking allocated to said lot/building shall not be counted toward the required minimum parking provided for the rest of the buildings in the Data Center Campus. 4. 10-5-1(F) Cross Access. The City’s Code requires cross access between adjoining developments. Given the unique security constraints associated with the use and operation of a Data Center Campus, all cross-access requirements shall be waived with respect to the Property. 5. 10-5-1 (N) Pedestrian Circulation. The City’s Code requires pedestrian walkways between buildings. Where appropriate, Petitioner will provide walkways between parking areas and building entrances and will comply with applicable ADA requirements; however, the Property will not be developed with pedestrian connections between buildings or for purposes of accessing open spaces. Petitioner seeks a waiver of requirements for pedestrian circulation, except as is necessary between a building and the parking areas intended to serve each building. 6. 10-5-1(O) Bicycle Parking. The City’s Code requires bicycle parking. The surrounding roadways and the use of the Property is not conducive to bicycle access and parking. Petitioner seeks a waiver of bicycle parking requirements. 7. 10-5-1 Q. Required Off-Street Loading Spaces. In accordance with the City’s Code, the number of off-street loading spaces is left to the discretion of the Zoning Administrator. Petitioner hereby requests the minimum standard be one (1) off-street loading space per Data Center Campus building located on the Property. 8. 10-5-3. Landscape. The City’s Code requires extensive landscape in and around parking lots and building areas as a means of improving the character of the community. In light of secured nature of the campus and potential conflicts between landscaping and the mechanical appurtenances unique to a Data Center Campus, Petitioner seeks to minimize 15 the amount of internal space allocated to landscape enhancements. In lieu of the City’s landscape requirements, Petitioner proposes standards as established in the landscape plan for the Property. 9. 10-5-4 (B) & 10-5-4 (C). Screening of Mechanical Units. The City’s Code requires screening of both ground-mounted and rooftop-mounted mechanical units. Due to the nature of the use of the Data Center Campus, the development will incorporate significant ground-mounted and rooftop-mounted mechanical units associated with each building in the Data Center Campus. Given the secured nature of the Data Center Campus and in lieu of the applicable Code requirements, Petitioner seeks to establish a standard for both ground-mounted and rooftop-mounted mechanical units: Ground Mounted: Vinyl fencing equal to the height of generator units but excluding any stacks protruding above the generator unit; Rooftop Mounted: mechanical penthouses shall not require screening. 10. 10-5-5. Fences. City Code establishes requirements for fencing, which includes a requirement that fencing shall not extend beyond the front plane of the primary building façade. Petitioner seeks approval of the fencing specification and the location of the fencing as specifically delineated on the Preliminary Plan. 11. 10-5-8(4). Appearance Standards, Industrial Uses. The City Code establishes standards for Industrial Buildings, including the requirement that any building greater than 100’ in length shall incorporate recesses along at least thirty percent (30%) of the length of the façade abutting a public street. In light of the significant setbacks incorporated in the layout of the Data Center Campus and the emphasis on open space around the roadway perimeter of the campus, the architectural standards are hereby waived so long as the buildings are constructed of masonry, pre-cast materials. 12. 10-7-2. Lots. The City’s Code requires all lots to abut a public street and reserves to the Planning and Zoning Commission and the City Council the ultimate approval of the size, shape and orientation of lots. Given the unique nature of the secure Data Center Campus, the City hereby waives the requirement for access on a public street and agrees to approve such future subdivision of the Property into individual units as Petitioner deems reasonably necessary and appropriate to facilitate the use, operation, maintenance, and disposition of the Property. 13. 10-7-3 and 10-7-4. The City’s Code establishes standards for the development of streets and circulation necessary for the development of property. The development of the Property does not include new streets and driveways internal to the development and shall be exempt from the requirements of these sections. 16 WHEREFORE, by reason of the foregoing, the undersigned Petitioner requests the City’s Plan Council, Economic Development Committee, Planning and Zoning Commission and City Council take the necessary and appropriate action to grant a special use for planned unit development with development allowances as detailed on the plans submitted herewith for the Property and pursuant to the appropriate provisions of the City’s Code. RESPECTFULLY SUBMITTED this 16th day of April, 2024 PETITIONER: C1 YORKVILLE LLC, a Delaware limited liability company Rosanova & Whitaker, Ltd. Attorney for the Petitioner 17 EXHIBIT A Legal Description of the Property PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG 18 THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OFWAY LINE, 1147.75 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS approximately 228 acres of vacant land located at northeast corner of Edamain Road and Faxon Road in Bristol Township, in unincorporated Kendall County PINs: 02-18-300-001; 02-18-300-002; 02-18-300-003; 02-18-300-004; 02-19-100-004; 02-19-100-005; and 02-18-400-004 19 EXHIBIT B Preliminary Plan (Attached) BEECHER ROADELDAMAIN ROADFAXON ROAD RAILRO A D WETWET WETWETW E T W E T WETWET 30.00' TYP. 75.00' TYP. 75.00' 1000.00' 800.00' +/-233.60' 275.40' 221.27' 129.78' 121.26' 30.00' 530.60' 30.00' 36.00 TYP. BUILDING 1 2 STORY DATA CENTER FFE=649.0 BUILDING 2 2 STORY DATA CENTER FFE=649.0 BUILDING 4 2 STORY DATA CENTER FFE=648.5 BUILDING 5 2 STORY DATA CENTER FFE=648.0 BUILDING 8 2 STORY DATA CENTER FFE=647.0 SUBSTATION (800' x 1000') FFE=648.5 BUILDING 9 2 STORY DATA CENTER FFE=647.0 BUILDING 3 2 STORY DATA CENTER FFE=648.5 BUILDING 6 2 STORY DATA CENTER FFE=647.5 BUILDING 7 2 STORY DATA CENTER FFE=647.0 POND 1 POND 2 POND 3 POND 4 POND 5 POND 6oooo o o o o o o o o oooooooo o o o o o o o o o o oo o o oooooooooooooooooooooo o o oo o o o o o ooooooCYRUS ONE - YORKVILLE, ILLINOIS - PRELIMINARY PUD PLAN SCALE:1" = 200' AT FULL SIZE (24x36) DATE: May 21, 2024 Project Area Current Colo Build Equipment Yard Stormwater Pond Wetlands Security Fenceooooo 150' PROPOSED FUTURE EASEMENT 50' SETBACK EASEMENT 50' SETBACK EASEMENT 30' WATER LINE EASEMENT 50' SETBACK EASEMENT30' WATER LINE EASEMENT 50' SETBACK EASEMENT 150' SETBACK EASEMENT 30' WATER LINE EASEMENT 60' SETBACK EASEMENT M-2 ZONING A-1 ZONING A-1 ZONING A-1 ZONING YORKVILLEPLANO UNINCORPORATED PROJECT SITE MUNICIPAL BOUNDARIES SITE DATA TOTAL SITE AREA 9,956,767.47 SF (228.57 AC +/-) MAX BUILDING HEIGHT N/A SETBACKS* FRONT (WEST) REQUIRED 25'-0" FRONT (WEST) PROVIDED 150'-0" REAR (EAST) REQUIRED 0'-0" REAR (EAST) PROVIDED 60'-0" SIDE (N + S) REQUIRED 20'-0" SIDE (N + S) PROVIDED 50'-0" TRANSITIONAL SIDE N/A *SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THE PROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES. PARKING DATA CENTER PARKING RATIO 0.2 SPACES PER 1,000 SF REQUIRED PARKING (# SPACES)490 PROVIDED PARKING (# SPACES)432 ACCESSIBLE PARKING REQUIRED (# SPACES)9 ACCESSIBLE PARKING PROVIDED (# SPACES)27 COVERAGE MINIMUM LOT SIZE N/A MAXIMUM BUILDING COVERAGE 85% PROVIDED BUILDING COVERAGE 12.3% MAXIMUM SITE COVERAGE 85% PROVIDED SITE COVERAGE 35.6% MAXIMUM MAX FAR 85% PROVIDED SITE COVERAGE 24.6% FUTURE DEVELOPMENT BUILDING AREAS BUILDING #SIZE HEIGHT (TOP OF BUILDING) HEIGHT (TOP OF EQUIPMENT) BUILDING 1 287,400 SF 55'-0"70'-0" BUILDING 2 287,400 SF 55'-0"70'-0" BUILDING 3 287,400 SF 55'-0"70'-0" BUILDING 4 287,400 SF 55'-0"70'-0" BUILDING 5 287,400 SF 55'-0"70'-0" BUILDING 6 287,400 SF 55'-0"70'-0" BUILDING 7 287,400 SF 55'-0"70'-0" BUILDING 8 287,400 SF 55'-0"70'-0" BUILDING 9 152,000 SF 55'-0"70'-0" TOTAL 2,451,200 SF N/A N/A EMERGENCY ENTRANCE PRIMARY ENTRANCE ACM-3 ACM-3ACM-1 CP-2 PREFINISHED METAL COLLECTOR BOX AND DOWNSPOUT, TYP. LOUVERED METAL PANEL ENTRY CANOPY ALUMINUM CLIENT LOGO; EXTERIOR STOREFRONT ACM-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING CP-2 CP-1 PAINTED METAL DOOR, TYP. STOREFRONT ENTRY DOOR CP-1 CP-2 CP-1 PRE- MANUFACTURED CANOPY ACM-3 ABS PAINTED METAL DOOR, TYP. CP-1 CP-2 SERVICE YARDCMU WALL AT SERVICE YARD LOADING DOCK OVERHEAD DOORS CP-2 CP-1 | TILT-UP CONCRETE PANEL PAINTED SHERWIN WILLIAMS SW 7075 WEB GRAY ELASTOMERIC COATED CP-2 | TILT-UP CONCRETE PANEL PAINTED BENJAMIN MOORE 2121-40 SILVER HALF DOLLAR ELASTOMERIC COATED ACM-1 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MICA MNC CLEAR ACM-2 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MZG MICA GREY ACM-3 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES PEX PEWTER METALLIC ABS | ACOUSTIC BARRIER SCREEN WALL As indicated EXTERIOR ELEVATIONS 2 NORTH/SOUTH EXTERIOR ELEVATION 1 EAST/WEST EXTERIOR ELEVATION --1/32" = 1'-0" -- LOGO SIGN ACM-3 ACM-1 CP-1 ABS ACM-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING EXTERIOR STOREFRONT LOUVERED METAL PANEL ENTRY CANOPY PAINTED METAL DOOR, TYP. CP-2 CP-2SERVICE YARD CP-1 CP-2 8'-0" AMERISTAR FENCE; TYPICAL FOR ALL SERVICE YARD FENCING PAINTED METAL DOOR, TYP. CP-1 | TILT-UP CONCRETE PANEL PAINTED SHERWIN WILLIAMS SW 7075 WEB GRAY ELASTOMERIC COATED CP-2 | TILT-UP CONCRETE PANEL PAINTED BENJAMIN MOORE 2121-40 SILVER HALF DOLLAR ELASTOMERIC COATED ACM-1 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MICA MNC CLEAR ACM-2 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES MZG MICA GREY ACM-3 | ALPOLIC COMPOSITE METAL PANEL MITSUBISHI CHEMICAL COMPOSITES PEX PEWTER METALLIC ABS | ACOUSTIC BARRIER SCREEN WALL As indicated EXTERIOR ELEVATIONS 1 EAST/WEST EXTERIOR ELEVATION 2 NORTH/SOUTH EXTERIOR ELEVATION --1/32" = 1'-0" -- AMERISTARFENCE.COM | 800-321-8724 FENCE PRODUCTS HIGH SECURITY STEEL PALISADE FENCING 2 Learn more online at ameristarfence.com or by calling 800.321.8724 AESTHETIC APPEAL. UNPARALLELED PROTECTION. Traditional security fences of chain link or wire mesh are no longer enough to meet todays increased security demands. 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The intimidating look of the Trident corrugated pale is a visual deterrent to any who would dare to intrude. 3-RAIL PANELS | 6', 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 6', 7' & 8' HEIGHTS The blunt, slightly rounded tip of the Stronghold offers strength when necessary, while providing safety and security to the general public. The Stronghold features the same structural configurations of its high-security counterparts. 3-RAIL PANELS | 6', 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 6', 7' & 8' HEIGHTS j j j j HIGH SECURITY STEEL PALISADE FENCE 5IMPASSE II ® | High Security Steel Palisade Fence ANTI-SCALE OPTION Gauntlet is designed with high-tensile steel corrugated pales that rise above the topmost rail with an outward curve and terminate with a triple-pointed splayed spear tip. The outward curved pales discourage attempts to gain access by would be intruders. 3-RAIL PANELS | 7', 8', 9' & 10' HEIGHTS 2-RAIL PANELS | 7' & 8' HEIGHTS j j 8¾" GAUNTLET ™ 2.75"w x 14ga PALES | 2" x 2" x 11ga RAILS | 3" x 2.75" x 12ga & 4" x 2.75" x 11ga I-BEAM POSTS The Impasse II Anti-Scale fence system has decreased pale spacing, which helps deter the assailant from climbing, and increases the delay time when trying to cut or pry through the fence. COLOR OPTIONS BLACK SANDBRONZE WHITE Custom colors also available 6 Learn more online at ameristarfence.com or by calling 800.321.8724 Impasse II is protected by the unique PermaCoat process. Our PRE-GALVANIZED STEEL BASE MATERIAL is subjected to an 11-STAGE PROCESS to cleanse & prepare the steel for a DUAL TOP-COAT FINISH. PermaCoat’s corrosion resistant abilities far surpass those of painted surfaces and have a “no-mar” polyester powder top coat. This dual coating not only provides RESISTANCE FROM WEATHERING but also reduces scratch & burnishing marks typically encountered during shipping. EPOXY POWDER COAT Epoxy powder is electrostatically applied EPOXY GEL OVEN Powder is gelled & cured to finish coat FINISH CURING OVEN Seals finish for years of maintenance free use POLYESTER POWDER TGIC powder is electro-statically applied 4 PHOSPHATE RINSE Corrosion resistant layer that assists in bonding powder coating CLEAR WATER RINSE A bit of clean H2O to prep for the next phase ALKALINE WASH Cleans metal for proper adhesion of zinc phosphate 1 2 8 9 10 11 3 4 FIXIDINE RINSE Rinses excess alkaline prior to zinc phosphate application DOUBLECOATINGPRE-TREATMENT PERMACOAT ™ 7IMPASSE II ® | High Security Steel Palisade Fence ONCE COMPLETED, THESE 7-STAGES WILL HAVE REMOVED EVERYTHING FROM THE SURFACE OF THE STEEL THAT MIGHT INHIBIT THE FINISH FROM PROPERLY ADHERING DURING THE NEXT 4-STAGES OF THE COATING PROCESS.CORROSIONTESTING5 6 7 DRYING OVEN Eliminates all moisture prior to double coating CLEAR WATER RINSE Final wash in H2O to remove any excess debris or particles NON-CHROMATE SEAL Barrier to prevent moisture from reaching base metal 3,500 HOURS PERMACOAT PROCESS Zinc Phosphate + Epoxy Powder Coat + Polyester Powder Coat 1,500 HOURS SINGLE COAT PROCESS Zinc Phosphate + Polyester Powder Coat 200 HOURS SINGLE COAT PROCESS Iron Phosphate + Polyester Powder Coat 168 HOURS PRIMED & PAINTED STEEL 100 HOURS PAINTED STEEL Corrosion occurs more easily without the proper preparation & protection, which is why Ameristar has put our fence products to the test based on ASTM B117 standards. The results speak for themselves. 8 Learn more online at ameristarfence.com or by calling 800.321.8724 Impasse II panels and posts are manufactured using HIGH-TENSILE PRE-GALVANIZED G-90 STEEL. Each component has been ROLL-FORMED into a unique profile that yields significant strength properties. Impasse II’s distinct design enables the fence to TRAVERSE AGGRESSIVE CHANGES IN GRADE IN ORDER TO MAINTAIN SECURITY along any perimeter. Each connection point of the Impasse II system is secured with TAMPER-PROOF FASTENERS providing the HIGHEST LEVEL OF SECURITY & VERSATILITY. PERMACOAT ™ PRIVACY SCREENING OPTION A security fence should cover multiple aspects of perimeter security, which is why Ameristar created the steel privacy screening option for its Impasse high security fence system. Secured by each adjacent pale, the overlapping design achieves the maximum level of opacity for visual screening. FASTENER Security fastener prevents tampering or removal by typical tools POST CAP Cast aluminum cap adds beauty and provides closure I-BEAM POST Specifically formed I-beam; pre-punched for rail attachment with pass through integrated design features HIGH STRENGTH RAIL Specifically formed for strength through architectural shape; lower lip contoured to conceal & carry security elements such as anti-ram cabling, IDS, etc. STEEL PALES Specifically formed high strength corrugated architectural shape resists prying or bending; bolt holes are recessed to prevent bolt head from chiseling Impasse II Gauntlet shown IMPASSABLE DESIGN 9IMPASSE II ® | High Security Steel Palisade Fence PRIVACY SCREENING OPTION When installing these security elements use Impasse II as a platform: Communication & Video Cables Intrusion Detection / Fiber Optic Cables Access Control Wiring Conduits Anti-Ram Cabling (Stalwart IS) j j j j j DESIGN INTEGRATION The Impasse II framework is a raceway for wiring, conduits & security cabling required around the perimeter of a project. This integrated design eliminates the need for costly trenching & boring becoming a value added solution for perimeter security upgrades. (inside of rail shown above / view from protected side) RAKEABLE VS STAIR-STEP Biasability at a minimum of 25% that requires no additional assembly. This unique feature eliminates unsightly stair-stepping panels. Fully rakeable panels Stair-stepping panels Ameristar is committed to providing products that meet the Buy American Act Ameristar products have the opportunity to earn LEED points Certified by the US Department of Homeland Security as a method of risk management against acts of terrorism Ameristar’s Impasse II is backed by over 30 years of excellence in the fencing industry 10 Learn more online at ameristarfence.com or by calling 800.321.8724 Stalwart IS unites the strongest security fence available with the most widely used anti-ram perimeter barrier. The appearance of Stalwart IS is a great visual deterrent that delivers strength and fortitude for keeping any assailant from easily breaching the perimeter. Stalwart IS offers multiple anti-ram ratings. Each installation can be designed with the most appropriate standoff distance from the asset. ARCHITECTURAL SUPPORT SOLUTION SPECIALISTS Ameristar’s Project Solution Specialists are experienced in every facet of perimeter security design. Our goal is to assist the architectural community in finding the best perimeter & entry solutions for their projects. Ameristar’s extensive library of project photos, CAD drawings, architectural specifications & project budget quotes are just a few of the services our team offers to complete your project design. & ANTI-RAM BARRIER + SECURITY FENCE 11IMPASSE II ® | High Security Steel Palisade Fence &SLIDE GATES SWING GATES Egress & ingress requirements are unique to each application. Managing traffic flow & usage demands are of the utmost importance, which is why Impasse II is manufactured in a variety of gate types built to balance function, security & beauty. Ameristar Transport™ & Passport™ sliding gates perfectly match the perimeter fence system to create a seamless & stunning design while exuding a commanding presence of security built to unite perimeter and entry. AMERISTARFENCE.COM | 800-321-8724 FENCE PRODUCTS KNOWLEDGE & EXPERIENCE Ameristar was chartered over 30 years ago in response to the demand by consumers & specifiers for specialty fence products. Ameristar offers an aesthetically pleasing product that is both high in quality & affordability. This has been achieved by maximizing high-volume productivity, increasing product design strength, and promoting simplistic installation. PROVEN CAPABILITY Ameristar’s integrated in-house process & extensive raw material inventory results in much improved productivity and availability compared to the competition. By having a vast finished goods inventory, Ameristar is capable of delivering finished products faster than competitors who sublet the majority of their operations. INDUSTRY LEADERSHIP Over the years Ameristar has continually raised the bar across the board in the manufacturing of high quality, innovative fencing products. Our demonstrated commitment to upholding higher values translates into superior products that go far beyond merely meeting minimum industry standards. WHY CHOOSE AMERISTAR Ameristar's world headquarters, manufacturing & coil processing facilities in Tulsa, Oklahoma, USA. LEGEND ★ Ameristar Headquarters ● Sales & Service Centers #9718 | REVISED 10/2021 JYJ LLC Peter Cheryl Schmit Miguel Sandra E Camcho New Leaf Energy Brummel Family Trust 4 Beecher RdEldamain RdFa x o n R d Faxon Rd F a x o n R d Copyright nearmap 2015 Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Cyrus One Roadway Reconstruction Requiremen tswww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: MAY 2024 YO2426 KJD NO.REVISIONS ³United City of Yorkville651 Prairie Pointe Dr, Yorkville, IL 60560630-553-4350www.yorkville.il.us 0 1,100550 Feet YO2426_Cyrus_One H:\GIS\Public\Yorkville\2024\YO2426\YO2426_Cyrus_One.mxd Roadway Reconstruction Roadway Reconstruction Cyrus One I have reviewed the applications for Planned Unit Development (PUD) and Preliminary PUD Plan received April 16, 2024 as submitted by C1 Yorkville, LLC, Petitioner, as well as conceptual Preliminary PUD Plan site plan prepared by Olsson dated April 15, 2024 and exterior building elevations prepared by Corgan. The petitioner is seeking approval of a special use for Planned Unit Development and Preliminary PUD Plan for the construction of secured data center campus and on-site substation on approximately 228- acres of land located at the northeast corner of Faxon Road and Eldamain Road, formerly known as Lincoln Prairie. The site will consist of up to nine (9) standalone buildings used for networked computers, storage systems and computing infrastructure and six (6) on-site stormwater basins to be developed in phases over a 10-20 year period. Based upon my review of the application documents and preliminary site plans, I have compiled the following comments: GENERAL PUD/ZONING COMMENTS: 1.PLANNED UNIT DEVELOPMENT STANDARDS –Section 10-8-8 of City’s Unified Development Ordinance (UDO) establishes standards for Planned Unit Development (PUDs). PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. a. The petitioner has listed thirteen (13) proposed deviations from the base M-2 General Manufacturing District standards which will be detailed separately in this review memo under subsequent headings. b. The petitioner has not identified at least one (1) modification standard the proposed PUD will meet per Section 10-8-8D. i. Staff believes modification standard #12 “Regional Utility Improvements” applies, as the proposed development will extend public utilities (water and sanitary) to and through the property resulting in recapturable payments to the developer when future property owners in the area benefit from connecting to such utility that had not previously existed. ii.Does the petitioner think any other modification standards apply? If so, please provide a written statement identifying the standard and how it is being met by the proposed development. c. Petitioner has provided written responses to the standards for special use and for Planned Unit Development (PUD) which will be entered into the record during the public hearing process. Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: May 6, 2024 Subject: PZC 2024-15 C1 Yorkville - Cyrus One (Preliminary PUD Plan) NE Corner of Faxon Road & Eldamain Road (fka Lincoln Prairie) Proposed Data Center Campus and On-Site Substation Development 2.ZONING - The subject property consists of seven (7) parcels (#02-18-300-004, #02-19-100- 004, #02-19-100-005, #02-18-300-003, #02-18-300-001, #02-18-300-002, and #02-18-400- 004) and is zoned M-2 GENERAL MANUFACTURING DISTRICT, per Annexation Agreement of Lincoln Prairie Yorkville (Ordinance No. 2005-48). The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 (Kendall County)ComEd Substation/Transfer Station - Utility Use South A-1 (Kendall County) BNSF Railroad Agricultural, Residential and Business Uses Transportation Land Use East A-1 SU (Kendall County) A-1 SU (Yorkville) Agriculture/Residential Land Use Agriculture & Solar Farm (approved) Land Use West Eldamain Road M-2 General Manufacturing (Plano) Transportation Land Use Menards Distribution Center 3.PERMITTED USES – Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “data center” and “electric substation” are permitted land uses in the M-2 General Manufacturing District. Data centers are defined as Energy Industrial Uses per Table 10-3-12(B) in the Unified Development Ordinance. a. Use standards for Energy Industrial Uses are reserved for future regulations, if ever approved, under Section 10-4-10 in the Unified Development Ordinance. The petitioner is seeking waiver of future standards adopted being applicable to this subject property after adoption of the Planned Unit Development (Deviation #2). Staff is supportive of this request. PRELIMINARY PUD PLAN COMMENTS: 4.PRELIMINARY PLAN APPROVAL – Per Section 10-8-6. Subdivision Procedures of the Unified Development Ordinance, approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. However, Section 10-8-8-H of the Unified Development Ordinance Expiration and Lapse of Approval states, any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. a. Therefore, staff interprets the expiration of the Preliminary PUD Plan is three (3) years after approval of the Planned Unit Development if no portion of the property is final platted. 5.PROPOSED PHASING SCHEDULE –The petitioner has proposed to develop the subject property in nine (9) phases and provided a phasing schedule table as depicted on the Preliminary PUD Plan. a. The table is illegible (even when zoomed in) on the Preliminary PUD Plan compared to the other tables provided. Please resubmit the Preliminary PUD Plan with a legible Proposed Phasing Schedule table. 6.BUILDING SETBACKS –Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current M-2 General Manufacturing District standards with the proposed Planned Unit Development (PUD) requested modifications (Deviation #1): BUILDING SETBACKS REQUIRED MINIMUM SETBACKS M-2 DISTRICT PROPOSED MINIMUM SETBACKS PUD PLAN* FRONT YARD (Eldamain Road) 25’ 150’ SIDE YARD (North/South)Min. 10% of lot/Max. 20’ 50’ REAR YARD (Beecher Road)0’ 60’ *The petitioner is seeking to have the setbacks apply only to the boundary/perimeter of the subject property rather than each individual building on the site, although the petitioner anticipates subdividing the subject parcel into multiple lots. For the purposes of the perimeter setbacks, the petitioner is requesting Eldamain Road is the established front yard and Beecher Road is the established rear yard. a. Staff is not opposed to the request for the minimum building setbacks apply only to the perimeter of the overall subject property, however future plat of subdivisions will be required City approval. Therefore, is the petitioner seeking a zero (0) foot building setback for all yards on the future plats, as Section 10-8-6-C-6.c(6) of the Unified Development Ordinance requires building setback lines on all lots? 7.MAXIMUM BUILDING HEIGHT - The M-2 District does not have a maximum building height per Table 10-3-9(A) in the Unified Development Ordinance. However, the petitioner has provided overall building heights for each proposed building to top of building and top of equipment. All proposed buildings will not exceed 55’ to top of structure and 70’ to top of equipment. 8.MAXIMUM LOT COVERAGE – Per Section 10-3-9(A) of the Unified Development Ordinance, the maximum lot coverage for the M-2 District (inclusive of sidewalks, parking areas and all impervious surfaces) is 85% of the gross lot area. According to the Site Data Table on the Preliminary PUD Plan, lot coverage calculations are provided as 12.3% (building coverage), 35.6% (site coverage), and 24.6% (site coverage). a.Please verify the actual proposed total site coverage (35.6% or 24.6%). 9.PARKING - According to the Preliminary PUD Plan submitted, there are 432 total parking spaces to be provided on the property to accommodate the proposed nine (9) building data center campus and electric substation uses. a. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the data center campus for the purposes of off-site parking as an industrial use, which requires a minimum of 0.3 parking spaces per 1,000 sq. ft. of net floor area (NFA). While there is no specific information provided as to the individual proposed buildings, the petitioner estimates the average building size will be ~287,400 sq. ft. requiring ~87 parking spaces per structure, including four (4) ADA accessible spaces per building. Total required parking for the subject property is 736 spaces, including 15 ADA accessible spaces (2%). Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, a minimum of 15 electric vehicle charging stations is required. i. The petitioner is requesting a variance from the UDO required 0.3 spaces per 1,000 to 0.2 spaces per 1,000, resulting in a per building estimated parking space calculation of 58 spaces (UDO requires rounding up of all fractions) or 491 spaces for the overall site. Required ADA accessible parking is 9. The petitioner is asking a further reduction of this calculation to 432 spaces for the entire site with 27 spaces dedicated for ADA parking (Deviation #3). ii. Staff is not opposed to the requested shared parking request and proposed reduction in off-street parking, but since off-street parking requirements are calculated by net floor area (NFA), the petitioner may be closer to the 491- parking space minimum than the 736 minimum space requirements. Therefore, staff recommends establishing a minimum parking standard in the PUD ordinance of no less than 400 off-street parking spaces for the data center campus based off of net floor area and a minimum of ten (10) electric vehicle charging stations. iii.Additionally, since the applicant is requesting relief from the minimum required off-street parking, the difference in provided parking and required parking based off of net floor area shall be subject to Section 10-5-1-I Fee-In-Lieu of Off-Street Parking. b. Access – It is noted that the site has access four (4) points of access. Three (3) off of Eldamain Road and one (1) off of Beecher Road. These access points lead to internal private roadways which loop around the nine (9) proposed buildings and connect to the electric substation. i. It is noted that two (2) of the access points located at the northeast and northwest corners of the subject property are intended exclusively for the user, ComEd, and emergency medical services (EMS) to the electrical substation. These access points will also be locked with alternative access points from Beecher Rod and Eldamain Road. Should ComEd not require both access points, one of the access points may be eliminated. ii.Staff defers to City Engineer regarding site access. c. Cross Access – Per Section 10-5-1-F of the Unified Development Ordinance, the petitioner is seeking relief from the providing cross access between adjoining developments which minimizes access points along streets, encourages shared parking, and allows for vehicular access between land uses (Deviation #4). i. According to Section 10-5-1-F-2-c The Zoning Administrator may waive or modify the requirement for vehicular cross access on determining that such cross access is impractical or undesirable because it would require crossing a significant physical barrier or environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent property. City Council shall have the authority to waive or modify vehicular cross access requirements for all public review processes involving review by City Council. Staff supports the waiver. d. Pedestrian Circulation – Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The petitioner states that walkways between parking areas and building entrances will be provided on-site, however they seek a waiver for public access and connection to public sidewalks and bicycle trails due to the nature and security of the proposed land use (Deviation #5). i. According to Section 10-5-1-N-5, the Zoning Administrator may waive this requirement upon determining that no walkway exists, a future walkway is unlikely to exist, or such connection would create a safety hazard.Staff supports the waiver. e. Bicycle Parking – Per Section 10-5-1-O-2 of the Unified Development Ordinance to provision of bicycle parking is encouraged, not required, and if utilized on a development site will allow for a reduction of required off-street parking. The petitioner is seeking a waiver to not provide off-street bicycle parking (Deviation #6). i.No waiver required as it is a parking bonus mechanism, not a requirement. f. Off-Street Loading – Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses, loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. The petitioner requests a minimum of one (1) off-street loading space per data center campus building on the subject property (Deviation #7). i.Staff supports the request. 10.LANDSCAPING – Section 10-5-3 establishes landscape standards for new developments. While the petitioner has not submitted a landscape plan, they are seeking relief from the minimum requirements (Deviation #8). a. Per staff’s review, the following sections of the Landscape Plan would apply: i. Section 10-5-3-C. Building Foundation Landscape Zone - All nonresidential, mixed-use, and multi-family development where a front yard setback is required, with the exception of food processing facilities regulated by the FDA, shall include landscape located at the building foundation as required by this section. Landscape required by this section shall be in addition to landscape required under other sections of this title. It is the objective of this section to provide a softening effect at the base of buildings. ii. Section 10-5-3-D. Parking Area Perimeter Landscape Zone - Landscape required by this section shall be in addition to landscape required under other sections of this title. It is the objective of this section to provide screening between off-street parking areas and rights-of-way, and to provide for the integration of stormwater management with required landscaping iii. Section 10-5-3-E. Parking Area Interior Landscape Zone - All off-street parking areas shall include landscape and trees located within the off-street parking area as required by this section. Trees and landscape required by this section shall be in addition to trees and landscape required under other sections of this title. It is the objective of this section to provide shade within parking areas, break up large expanses of parking area pavement, support stormwater management where appropriate, improve the appearance of parking lots as viewed from rights-of-way, and provide a safe pedestrian environment. iv. Section 10-5-3-F. Transition Zone Landscape Requirements - Transition zone landscape shall be required along interior side and rear property lines of all nonresidential, mixed use, and multi-family development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. b.Staff does not support a blanket variance to the Landscape Standards until a plan is submitted or specific details are provided on requested deviations. i.See comments under #19 Comprehensive Plan regarding a rural character buffer along Eldamain Road. 11.MECHANICAL SCREENING –Per Section 10-5-4 Screening of the Unified Development Ordinance, ground/wall-mounted and roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be screened from public view. Petitioner is seeking to establish standards for screening both types of mechanical units (Deviation #9). a. Petitioner proposes to screen ground mounted mechanical equipment with vinyl fencing equal to the height of the generator units but excluding any stacks protruding above the unit. No screening is proposed for rooftop mechanical units. i.Since most units may not be visible from the public way due to the location, setback and landscaping provided on the site, staff is supportive of the request. 12.FENCING – Per Section 10-5-5-B-1 of the Unified Development Ordinance states fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts. Maximum height for fencing in manufacturing districts is eight (8) feet. a. Petitioner has provided a manufacturers brochure of proposed high security steel fencing. They are requesting to have this security fencing extend beyond the front plane of the primary building façade (Deviation #10). i.Since the fence placement requirement only applies to residential and business district uses, staff is supportive of the request as this property is within a manufacturing district. ii.Staff understands that the fences will be locked with access (assuming via a Knox Box) to ComEd officials and EMS teams (assuming Bristol Kendall Fire District and Yorkville Police Department). iii.Staff requests the petitioner provide the proposed height of the security fencing. 13.APPEARANCE STANDARDS – Per Section 10-5-8-C-4 Industrial Uses masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The "front facade" (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products or precast concrete. The use of masonry products or precast concrete is encouraged on the remaining facades. Where precast concrete panels or split face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. a. The petitioner has submitted exterior building elevations depicting structures with materials such as concert panels, metal panels, and acoustic barrier screen walls in hues of gray and pewter. The proposed materials and color palette are consistent with the Appearance Standards. b. Further, Section 10-5-8-C-4b.(2) requires industrial buildings with facades greater than one hundred (100) feet in length shall incorporate recesses, projections, windows, or other ornamental/architectural features along at least thirty (30) percent of the length of the facade abutting a public street in an effort to break up the mass of the structure. i. Petitioner is seeking relief from this requirement (Deviation #11). ii. The only buildings fronting a public street are Buildings 1, 2, 3, 8 and 9. Due to the setback and required perimeter landscaping, staff supports the request. 14.LOTS – The petitioner is seeking waiver from the requirement for lots to have access on a public street due to the unique nature of the secure data center campus (Deviation #12). a. Per Section 10-7-2 requires all lots to conform with district standards and states all lots shall front or abut on a public street. Since the site has internal private roadways, staff is supportive of the request. 15.STREET DESIGN AND IMPROVEMENTS – The petitioner is requesting exemption from the requirements of Section 10-7-3 in the Unified Development Ordinance (Deviation #13). a. Standards in this section apply only to publicly dedicated roadways. No roads are proposed for public dedication. Staff supports this request. 16.SIGNAGE – The petitioner is proposing one (1) wall mounted sign as illustrated on the exterior elevation. a. Per Section 10-6-6 of the Unified Development Ordinance, single tenant buildings shall be permitted a total of two (2) primary wall signs or one (1) primary wall sign per one hundred (100) linear feet of building frontage. One (1) additional wall sign shall be allowed per additional hundred (100) feet of building frontage. Only one (1) primary wall sign shall be displayed on any single building façade. b.Are monument signs proposed on the data center campus? i.See comments under #19 Comprehensive Plan regarding branding and placemaking elements. 17.SITE ADDRESSING – Will the internal roadways be named for individual addressing, or will the petitioner seek a single site address off of Eldamain Road with internal building numbering/identification? 18.LIGHTING – A photometric plan shall be provided along with manufacturers cut sheets of the proposed light standards to be installed within the parking lot area. Maximum illumination at the property line shall not exceed zero (0) foot-candle and no glare shall spill onto adjacent properties or rights of way. 19.COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “General Industrial” which is defined typically for a broad range of warehousing and manufacturing activities located adjacent to the Eldamain Corridor along the BNSF Railway line.Overall, staff supports the proposed PUD and its consistency with the proposed underlining zoning of M-2, but note the following recommendations from the Comprehensive Plan related to the subject property: a. In Figure 8.17: Eldamain Rod Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan Update (North of the Fox River) the subject area is identified as “Zone B – Distribution (Corneils Road to BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual character. From:Bart Olson To:Krysti Barksdale-Noble;Kathleen Field Orr Cc:John Purcell Subject:Cyrus One PUD review, comments from Bart Date:Wednesday, May 1, 2024 12:10:56 PM Here are my comments in advance of your May 23rd Plan Council meeting: 1. Variance comment #8 – landscaping a. I don’t have a problem forgoing their landscaping requirements internal to the secured area as long as: i. We can’t see the area from a public roadway AND ii. The landscaping improvements external to the site are robust and aesthetically pleasing AND iii. They agree to give us some sort of substitute landscaping or cash payment to allow us to plant trees or other improvements elsewhere in the City 2. Variance comment #11 – appearance standards industrial uses (incorporated recesses) a. Not sure I’m in favor of their request here. If we can see the buildings from the roadway, we need them to look nice. I think the recesses aren’t a huge cost or operational issue to them, so I’d like to keep these. Bart Olson City Administrator United City of Yorkville 651 Prairie Pointe Dr Yorkville, IL 60560 630-553-8537 direct 630-308-0582 cell bolson@yorkville.il.us From:Fran Klaas To:Contact_Brad Sanderson Cc:Eric Dhuse;Krysti Barksdale-Noble Subject:RE: [External]FW: Plan Council May 23, 2024 - PZC 2024-15 Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan) Date:Thursday, April 18, 2024 3:46:43 PM Attachments:image004.png image005.png image006.png image007.png image008.png image009.png image010.png image011.png image012.png Full access at Menards access point is fine. Not sure how much traffic would be generated by the proposed use; but we might have to look at that to see if signals are warranted. Two additional accesses between Faxon & Menards would not be allowed. The northerly one could be a right in / right out. The southerly one, just north of Faxon, is not allowed. I would suggest that, if they need additional access, they use Faxon Road going east to their N/S roadway just east of Pond 2. That’s about all I got. Let me know if you need anything else. Francis C. Klaas, P.E.Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Brad Sanderson <bsanderson@eeiweb.com> Sent: Thursday, April 18, 2024 2:50 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Eric Dhuse <edhuse@yorkville.il.us>; knoble@yorkville.il.us Subject: [External]FW: Plan Council May 23, 2024 - PZC 2024-15 Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan) Importance: High CAUTION - This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Fran, Please take a look at the attached concept plan. We note several connections to Eldamain that do not comply with your policy. When time allows, please review and provide comments to us. We are attempting to gather all of our comments by 5/17. Thanks and let us know if you have any questions. BRADLEY P. SANDERSON ,PE Chief Operating Officer / President bsanderson@eeiweb.com Direct: 630.466.6720 / Cell: 630.816.0957 / Main: 630.466.6700 52 Wheeler Rd, Sugar Grove, IL 60554 eeiweb.com From: Krysti Barksdale-Noble <knoble@yorkville.il.us> Sent: Wednesday, April 17, 2024 5:48 PM To: Bart Olson <BOlson@yorkville.il.us>; Erin Willrett <ewillrett@yorkville.il.us>; Eric Dhuse <edhuse@yorkville.il.us>; Peter Ratos <pratos@yorkville.il.us>; Brad Sanderson <bsanderson@eeiweb.com>; James Jensen <JJensen@yorkville.il.us>; Michael J. Torrence (MTorrence@bkfire.org) <MTorrence@bkfire.org>; Sara Mendez <smendez@yorkville.il.us> Cc: Tim Evans <tevans@yorkville.il.us>; 'Cyrus McMains' <cyrus@ybsd.org>; Ray Mikolasek <rmikolasek@yorkville.il.us>; Garrett Carlyle <gcarlyle@yorkville.il.us>; lynn@dlkllc.com; Jori Behland <jBehland@yorkville.il.us>; kfo@ottosenlaw.com; Monica Cisija <mcisija@yorkville.il.us> Subject: Plan Council May 23, 2024 - PZC 2024-15 Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan) Importance: High EXTERNAL SENDER: This email originated outside of EEI. Do not click links, open attachments, or respond if it appears to be suspicious. All, Please see the attached Plan Council distribution memo for the Thursday, May 23, 2024 meeting regarding Cyrus One (C1 Yorkville, LLC) - Data Center (PUD & Preliminary Plan). I have attached the referenced documents, for your convenience. Please let me know if you have any questions regarding the materials. Comments are requested due by Friday, May 17th. Best Regards, Krysti J. Barksdale-Noble, AICP (she/her) Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 (630) 553-8573 (630) 742-7808 www.yorkville.il.us This message may contain confidential information and is intended only for the original recipient. The views or opinions presented in this message are solely those of the sender and do not necessarily represent those of the company, unless specifically stated. If you are not the intended recipient you should not disseminate, distribute or copy this message. If verification is required please request a hard-copy version. Engineering Enterprises, Incorporated 52 Wheeler Road, Sugar Grove, IL., 60554 Warning: This message was scanned for viruses, vandals and malicious content. However, we cannot guarantee that the integrity of this e-mail has been maintained in transmission and do not accept responsibility for the consequences of any virus contamination. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date April , To Krysti arksdale-No le Community Development Director From ames ensen Chief of Police Reference Plan eview P C Pro ect Name Cyrus One C orkville, C Applicant Name Petitioner Name ohn atem C orkville, C Pro ect Num er P C - Pro ect ocation NEC of Eldamain oad and Fa on oad . Acres The comments listed elow are referenced to the a ove pro ect Signage andicapped ignage e uired __X__es No Comments On-Site handicapped parking requirements. **Signage must meet MUTCD Standards **Fine amount must be listed on sign peed imit ignage e uired ecommended es __X__No chool one pecial ignage es __X__No pecial peed one ignage e uested es __X__No No Parking ignage ecommended es __X__No No Parking After now Fall No Parking ocations x N/A Dedicated Parking signage needed es __X__No ocated y Park chool Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there treet Name Conflicts es __X__No Comments N/A Pedestrian ike Path Crossing ignage es __X__No arning Ahead igns are e uired NO Construction Traffic ignage eing re uested es __X__No ocation ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCH Standards specific to location, size, color, and height levels*** Roadway treet idth hould parking e allowed on OT sides of road es No hould parking e restricted to fire hydrant side es No Center oadway edians es No imit Parking on edian es No ignage Needed es No oom for Emergency eh. w one lane O structed es No Do you have intersection Concerns __X__es No Concerns as listed below: x Location of the driveway(s) along Eldamain Road x Driveway(s) clearly marked with signage in both directions Landscape ow rowth or round Cover andscaping es No ow rowth or round Cover andscaping y windows es No ow rowth or round Cover andscaping y Entrances es No Comments N/A Ingress / Egress Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Entrance E its match up with ad acent driveways es __X__No Total Entrance E its for development __4__ Are vehicle entrance e its safe __X__es No Are warning signs for cross traffic re uested es No aised edian ignage for ight in ight Out es __X__No Concerns Emergency Contact for after hours during construction Information needed Is this a gated or controlled access development __X__es No If yes, will Police Fire have Access __X__es No Comments Will police have access in case of emergency? Miscellaneous Individual ail o es es __X__No Cluster ail o Kiosks es __X__No ill this cause traffic choke points es __X__No Are sidewalks eing planned for the development es __X__No Are sidewalk crosswalks needed es __X__No Are there ike paths planned for this pro ect es __X__No Proper ignage needed for ike paths es No top igns ield igns NO otorized ehicles Trespassing Other Are there OA Controlled oadway O Parking Areas es No Ample Parking on ite es No Are there other City Ordinance Concerns es No Noise Ordinance Parking Ordinances Alarm Ordinance Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Security ill security cameras e in use es No Comments Will there be security cameras used on site? ill the usiness management provide the police department remote access to the camera system User credentials only es No Comments If you will have camera access on site would the police department have remote access into the system for emergency purposes only? hat are the usiness ours of Operation N/A ill the property e alarmed es No Comments Will the gate be alarmed? ill you provide Floor Plans aps to the police department es No Comments x Will maps/floorplans be provided to the police department for emergency purposes only? x Will there be on-site security? I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any uestions, comments, or concerns please do not hesitate to contact me. Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7641319 Purchase Order: PZC 2024-15 Cyrus One State of Illinois - Kane 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 5/27/2024, and the last publication of the notice was made in the newspaper dated and published on 5/27/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: May 27, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 28th Day of May, 2024, 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: 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 #4 Tracking Number CC 2021-04 City Buildings Updates City Council – July 9, 2024 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 #5 Tracking Number CC 2021-38 Water Study Update City Council – July 9, 2024 None Informational Bart Olson Administration Name Department