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City Council Packet 2024 12-10-24 AGENDA CITY COUNCIL MEETING Tuesday, December 10, 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: 1. Check Presentations a. Yorkville American Legion Flags of Valor b. Knights of Columbus Holiday Run Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – November 12, 2024 2. Bill Payments for Approval $ 2,983,032.91 (vendors) $ 979,932.70 (wire payments) $ 420,061.51 (payroll period ending 11/22/24) $ 4,383,027.12 (total) 3. EDC 2024-86 Ordinance Approving an Amendment to an Intergovernmental Cooperative Agreement Between the United City of Yorkville, Kendall County, and the City of Plano Governing the Reconstruction of Eldamain Road – authorize the Mayor and City Clerk to authorize Mayor’s Report: 1. CC 2024-93 Meeting Schedule for 2025 2. CC 2024-94 Appointment to the Library Board – Sharon Mix United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda December 10, 2024 Page 2 Mayor’s Report: 3. CC 2024-95 Resolution Approving a Service Agreement Between Kendall County and the United City of Yorkville for the Provision of Demand-Response Transportation 4. CC 2024-96 Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois 5. CC 2024-97 Special Census Cost Estimate a. Resolution Approving a Memorandum of Understanding with the Decennial Census Management Division of the U.S. Census Bureau b. Ordinance Authorizing the Third 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 6. CC 2024-98 Municipal Advisor and Bond Counsel Engagement Letters a. Resolution Approving an Agreement for Speer Financial, Inc. as Municipal Debt Issuance Advisor b. Resolution Approving an Agreement with Croke Fairchild Duarte & Beres, LLP, as Bond Counsel 7. CC 2024-99 Resolution Approving an Agreement with Robert W. Baird & Co. as Underwriter for 2025 Series Bonds 8. CC 2024-100 Ordinance authorizing and providing for the issuance of one or more series of general obligation alternate revenue bonds in the aggregate principal amount of not to exceed $68,850,000 for the purposes of paying the costs of enhancing the City’s water delivery system, paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility thereon, and refunding certain of the City’s outstanding alternate revenue bonds, authorizing the execution of one or more bond orders, and providing for the imposition of one or more bond orders, and providing for the imposition of taxes to pay the same and for the collection, segregation and distribution of certain City revenues for the payment of said bonds. 9. CC 2024-101 Ordinance Amending Title 6, Chapter 2, Section 6: Restrictions on Overnight Parking and Commercial Vehicle Parking 10. CC 2024-102 Ordinance Amending the Yorkville City Code (Non-Home Rule Sales Tax) Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: 1. CC 2024-103 Resolution Authorizing a Contract with BSN Sports for the Purchase of Athletic League Uniforms and Equipment 2. CC 2024-104 Resolution Authorizing the Execution of an Agreement with Pepsi Beverages Company City Council Agenda December 10, 2024 Page 3 Planning and Zoning Commission: 1. PZC 2024-01 & EDC 2024-53 Yorkville Renewables Solar (Nexamp) a. Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 b. Ordinance Approving a Special Use Permit Allowing Freestanding Solar Energy Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 c. Ordinance Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 2. PZC 2024-21 & EDC 2024-77 Heartland Meadows West – First Reading a. Ordinance Approving an Amendment to a Planned Unit Development for Kendall Marketplace b. Ordinance Approving a Preliminary Plan of Subdivision and Final Planned Unit Development Plan for the Property Located North of Blackberry Shore Lane and Between Northland Lane and Cannonball Trail (Heartland Meadows West) City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 11. CC 2021-04 City Buildings Updates 12. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: December 18, 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 December 10, 2024 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont’d): ECONOMIC DEVELOPMENT: TBD – 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: TBD – 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: December 17, 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, December 10, 2024 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Check Presentations a. Yorkville American Legion Flags of Valor b. Knights of Columbus Holiday Run ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – November 12, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2024-86 Ordinance Approving an Amendment to an Intergovernmental Cooperative Agreement Between the United City of Yorkville, Kendall County, and the City of Plano Governing the Reconstruction of Eldamain Road □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-93 Meeting Schedule for 2025 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-94 Appointment to the Library Board – Sharon Mix □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2024-95 Resolution Approving a Service Agreement Between Kendall County and the United City of Yorkville for the Provision of Demand-Response Transportation □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2024-96 Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-97 Special Census Cost Estimate a. Resolution Approving a Memorandum of Understanding with the Decennial Census Management Division of the U.S. Census Bureau □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Authorizing the Third 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 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2024-98 Municipal Advisor and Bond Counsel Engagement Letters a. Resolution Approving an Agreement for Speer Financial, Inc. as Municipal Debt Issuance Advisor □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Resolution Approving an Agreement with Croke Fairchild Duarte & Beres, LLP, as Bond Counsel □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2024-99 Resolution Approving an Agreement with Robert W. Baird & Co. as Underwriter for 2025 Series Bonds □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 8. CC 2024-100 Ordinance authorizing and providing for the issuance of one or more series of general obligation alternate revenue bonds in the aggregate principal amount of not to exceed $68,850,000 for the purposes of paying the costs of enhancing the City’s water delivery system, paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility thereon, and refunding certain of the City’s outstanding alternate revenue bonds, authorizing the execution of one or more bond orders, and providing for the imposition of one or more bond orders, and providing for the imposition of taxes to pay the same and for the collection, segregation and distribution of certain City revenues for the payment of said bonds. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 9. CC 2024-101 Ordinance Amending Title 6, Chapter 2, Section 6: Restrictions on Overnight Parking and Commercial Vehicle Parking □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 10. CC 2024-102 Ordinance Amending the Yorkville City Code (Non-Home Rule Sales Tax) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-103 Resolution Authorizing a Contract with BSN Sports for the Purchase of Athletic League Uniforms and Equipment □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-104 Resolution Authorizing the Execution of an Agreement with Pepsi Beverages Company □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2024-01 & EDC 2024-53 Yorkville Renewables Solar (Nexamp) a. Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Special Use Permit Allowing Freestanding Solar Energy Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Ordinance Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PZC 2024-21 & EDC 2024-77 Heartland Meadows West – First Reading a. Ordinance Approving an Amendment to a Planned Unit Development for Kendall Marketplace □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Preliminary Plan of Subdivision and Final Planned Unit Development Plan for the Property Located North of Blackberry Shore Lane and Between Northland Lane and Cannonball Trail (Heartland Meadows West) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 11. CC 2021-04 City Buildings Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 12. 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 – November 12, 2024 City Council – December 10, 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, NOVEMBER 12, 2024 Mayor Purcell called the meeting to order at 7:00 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 (electronic attendance) Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Clerk Behland, City Administrator Olson, Chief of Police Jensen, Attorney Castaldo, 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/81065170356?pwd=29c4PTHIGEsNBBrJiVsokFJUdrulKT.1.  The Zoom meeting ID was 810 6517 0356. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Distinguished Service Award – Officer Kevin Warren & Officer Alex Wrobel Sergeant Stroup mentioned that back in September, they received a burglar alarm call around 12:30 a.m., where Officer Warren and Officer Wrobel responded at the vet clinic in Yorkville. Immediately after arrival, they noticed there was forced entry as the AC unit had been removed from the window, and a door was opened. Officers immediately entered the building, searched and found the person trespassing, and got him into custody without incident. Sergeant Stroup said he would like to commend Officer Warren and Officer Wrobel for doing an excellent job that evening. Employee Recognition – Sergeant Sam Stroup Chief Jensen shared with the Council that they would like to recognize Sergeant Sam Stroup for his ongoing leadership and because he recently completed his master's degree in Masters of Public Administration at Aurora University. Chief Jensen said he would like to congratulate Sergeant Stroup on a job well done. PUBLIC HEARINGS 1. 2024 Tax Levy 2. Daniels Malinski Yorkville Family LLLP – Annexation Please see the attached transcript from the court reporter regarding the public hearing portion of the meeting. CITIZEN COMMENTS ON AGENDA ITEMS None. The Minutes of the Regular Meeting of the City Council – November 12, 2024 – Page 2 of 5   CONSENT AGENDA 1. Minutes of the Regular City Council – October 22, 2024 2. Bill Payments for Approval $ 3,027,628.41 (vendors) $ 146,677.09 (wire payments) $ 399,568.50 (payroll period ending 10/25/24) $ 3,573,874.00 (total) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Funkhouser; seconded by Alderman Koch. 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 Tax Levy Mayor Purcell wanted to clarify the tax levy that the City is not taking inflation, and the levy is actually decreased for next year in regards to the City. He shared that the City’s portion of the taxes will decrease, meaning the average parcel’s taxes to the City will go down. Yorkville Holiday Celebration Parks and Recreation Director Evans reported that the Yorkville Holiday Celebration is coming up this weekend on Friday, November 22nd, and Saturday, November 23rd. There will be a parade, tree lighting ceremony, firework show, and the Jingle Jog and Family Fun Resolution 2024-51 Authorizing Membership in the Illinois Emergency Management Mutual Aid System (IEMMAS) and Approval of an Intergovernmental Mutual Aid System Agreement (CC 2024-83) Mayor Purcell entertained a motion to approve a Resolution Authorizing Membership in the Illinois Emergency Management Mutual Aid System (IEMMAS) and Approval of an Intergovernmental Mutual Aid System Agreement and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye Resolution 2024-52 Approving an Intergovernmental Agreement Between Yorkville Community Unit School District 115 and the United City of Yorkville (Security Camera Access) (CC 2022-84) Mayor Purcell entertained a motion to approve a Resolution Approving an Intergovernmental Agreement Between Yorkville Community Unit School District 115 and the United City of Yorkville (Security Camera Access) and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye Appointment to the Planning and Zoning Commission – Michael Crouch (CC 2022-85) Mayor Purcell entertained a motion to approve the Mayor’s appointment to the Planning and Zoning Commission for a term ending May 2027. So moved by Alderman Tarulis; seconded by Alderman Koch. 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 The Minutes of the Regular Meeting of the City Council – November 12, 2024 – Page 3 of 5   Microsoft Enterprise Agreement and Windows Data Center License Payments (CC 2022-86) Mayor Purcell entertained a motion to approve the second annual payment for the Microsoft Enterprise Agreement (EA) for a total of $32,038.62 (increased by $5,670.54 from the previously approved amount of $26,368.08). So moved by Alderman Transier; 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 Resolution 2024-53 Approving a License Agreement for Windows Servers Mayor Purcell entertained a motion to approve a Resolution Approving a License Agreement for Windows Servers and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Soling. 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 IEPA Public Water Supply Loan Program (CC2024-87) Ordinance 2024-53 a. Authorizing the United City of Yorkville, Kendall County, Illinois to Borrow Funds from the Public Water Supply Loan Program (2025 Water Main Replacement) Mayor Purcell entertained a motion to approve an Ordinance Authorizing the United City of Yorkville, Kendall County, Illinois to Borrow Funds from the Public Water Supply Loan Program (2025 Water Main Replacement) and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Tarulis. 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 Ordinance 2024-54 b. Authorizing the United City of Yorkville, Kendall County, Illinois to Borrow Funds from the Public Water Supply Loan Program (North Rececing Station and Northwest Elevated Water Storage Tank) Mayor Purcell entertained a motion to approve an Ordinance Authorizing the United City of Yorkville, Kendall County, Illinois to Borrow Funds from the Public Water Supply Loan Program (North Receiving Station and Northwest Elevated Water Storage Tank) and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Transier. 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 Resolution 2024-54 Approving AIA Construction Agreements for the New Public Works Facility (CC 2022-88) Mayor Purcell entertained a motion to approve a Resolution Approving AIA Construction Agreements for the New Public Works Facility and authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Corneils. City Administrator Olson shared that the memo within the packet goes over the terms and fees. He also mentioned that it covers what other towns pay construction managers for different projects. He stated that R.C. Wegman came in at 10%, which was negotiated down to 9 ½%. Alderman Koch shared that he received clarification that these are just percentages until we receive the actual bids back. City Administrator Olson reported that the next step is to approve this contract and finalize information before submitting the project for bids. Then, once we have the prices from the bids, the City will negotiate further with R.C. Wegman for a guaranteed maximum pricing for a future contract amendment. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Koch-aye, Plocher-present, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, The Minutes of the Regular Meeting of the City Council – November 12, 2024 – Page 4 of 5   PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Veterans Day Parks and Recreation Director Evans thanked everyone who sponsored a flag for the Veterans Day flags of valor displayed at Town Square Park. The flags will be displayed throughout the rest of the week. Sleezer Park Parks and Recreation Director Evans reported that the donated old Sleezer Park playground equipment was installed in the Dominican Republic last week. City employee Scott Sleezer was in the Dominican Republic helping with the installation. PLANNING AND ZONING COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT KenCom Updates Alderman Funkhouser reported they had their last board meeting a few weeks ago reviewing their budget. They currently have a stable budget. There are some staff transitions, but overall, the funds are in good shape for KenCom. Aurora Area Convention & Visitors Bureau Update Alderman Funkhouser also gave an update on the AACVB, which is in a good position. They recently approved a strategic plan, and a consulting firm was hired. They also have brought in two new communities. One new community was Geneva, which has a $600,000 budget for tourism, a portion of which will not come to AACVB. STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Building Updates (CC 2021-04) No update. Water Study Update (CC 2021-38) No update. ADDITIONAL BUSINESS None. CITIZEN COMMENTS Dave Hubert, a Yorkville resident of Ward 1, shared that he had read the last few meeting minutes and noted a lot of new construction going on within the city. He mentioned that he thought the water loans were supposed to be at 0%. Mayor Purcell shared that there will be a few loans for the water project, but none will be at 0%. Mr. Hubert asked if there were any implications on the population for any of these loans. He asked if we did a special census and became home rule, would the City lose its chances on any of the loans? Mayor Purcell shared that it would not be possible as the city would close on the loan prior to any census. Mr. Hubert also asked if remediation efforts for water loss would be discussed at this meeting, but Mayor Purcell said they would not be at tonight’s meeting. The Minutes of the Regular Meeting of the City Council – November 12, 2024 – Page 5 of 5   EXECUTIVE SESSION Mayor Purcell entertained a motion to go into executive session for the purchase or lease of real property for the use of the public body. So moved by Alderman Tarulis; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Corneils-aye, Soling-aye, Marek-aye Koch-aye, The City Council entered executive session at 7:48 p.m. The City Council returned to regular session at 7:52 p.m. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Plocher; seconded by Alderman Funkhouser. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7:53 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARINGS 651 Prairie Pointe Yorkville, Illinois Tuesday, November 12, 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 2 PRESENT: (In-person and via Zoom) Mr. John Purcell, Mayor; Mr. Ken Koch, Alderman; Mr. Dan Transier, Alderman; Mr. Craig Soling, Alderman; Mr. Joe Plocher, Alderman; Mr. Chris Funkhouser, Alderman; Mr. Matt Marek, Alderman; Mr. Rusty Corneils, Alderman; Mr. Seaver Tarulis, Alderman. ALSO PRESENT: Mr. Bart Olson, City Administrator; Ms. Jori Behland, City Clerk; Ms. Erin Willrett, Assistant City Administrator; Mr. Michael Castaldo, City Attorney; Mr. Rob Fredrickson, Finance Director; Chief James Jensen, Yorkville Police Department; Mr. Tim Evans, Parks and Recreation Director; Ms. Krysti Barksdale-Noble, Community Development Director; Mr. Brad Sanderson, City Engineer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 3 I N D E X WITNESS: PAGE: JERRY GAWLICK 4 ANDREW BENNETT 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 4 (WHEREUPON, the following proceedings were had in the public hearing portion of the meeting:) MAYOR PURCELL: I will now open the public hearing for the 2024 tax levy estimate. Again, this is a public hearing, we are not voting on it tonight, but this is the public hearing. If anyone would like to speak, anyone in person would like to speak, regarding the 2024 tax levy estimate, which will be assessed in 2025 or collected in 2025, please step forward, state your name and speak. JERRY GAWLIK, testified from the podium as follows: MR. GAWLIK: My name is Jerry Gawlik. I live at 2793 Gains Court here in Yorkville. I am currently the president of The Colonies H O A , which is a 50-plus community, of which the majority are seniors and the rest probably are pretty close to it. I am also on the Senior Services Advisory Committee here in Yorkville. My understanding, you are looking to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 5 decide an increase in levy for inflationary costs versus levy only to cover the interest in EAV from new construction. The library completed paying off its bond. As a result we want to increase the citizen's levy and still lower our taxes due to the bond completion thinking we still save money. Well, one thing that needs to be considered is the homeowner's increase in EAV which happened this year. There are many with double digit increases in EAV, including myself, at 12 percent. The 300,000 home mentioned against the calculation was more like 270,000 last year. It appears that homeowners now are forced to pay more taxes on higher EAV, possibly without any savings projected. You might say homeowners take advantage of the higher E A V increasing the worth of their home, but many working families see their homes as a retirement factor in which they may retire with peace of mind. If forced to sell because they no longer can afford real estate taxes, this negates 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 6 any of their advantage to combat inflation at retirement. As for seniors already retired living in their homes, many will use the increase in home worth to help them in their next phase of life, which possibly is their last phase. This is using net worth of home to help them find good assisted living, nursing care centers, or even having to reverse mortgage to pay for home health care. Increase in home net worth combats an ongoing rapid rise in all of these costs, and I can tell you the costs of some of these centers are really getting astronomical. In Kendall County only a total income of I believe 60,000 or less qualifies for a tax freeze. Many seniors make more, but as this time goes on, the 60,000 does not change. Senior Social Security only rises at approximately about two and a half to three percent each year, once again eroding their ability for good living and peace of mind. These same seniors may have to rely on federal and state government to help them. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 7 My last point, I am not an auditor or financial expert, just a citizen looking at the April 30th, 2024 year-end audit review. As a whole on a glance -- as a whole at a glance, it is a glowing report with positives throughout for both the present and future of Yorkville. I sincerely applaud the entire City staff and City Council for their diligence in maintaining the very solid status with the City of Yorkville. As stated in the 4 -30-24 annual financial report, total revenue was up 17.4 percent to approximately 52.1 million, although expenses were up 23.9 percent to a total approximate expense of 37.6 million. The net gain is approximately 14.5 million to the village -- to the City. The City's total government funds combined is a positive of approximately 2 .7 million, of which the General Fund gained approximately 320,000, ending in a balance of this fund of 11.3 million dollars. The future is bright with positive growth and number of homes started, retail and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 8 commercial. Given these scenarios, it then begs the question of why increase resident taxes due to inflationary costs. Does it not have funds to carry inflationary costs as of the last report? I believe the levy increase should only cover the increased E VA for new construction. It may be small and seemingly insignificant amounts, but it all adds up in time. I want to thank you for your time and your consideration. That's what I have to say. MAYOR PURCELL: Thank you very much. Is there anyone else here who would like to speak regarding the 2024 tax levy estimate? (No response.) MAYOR PURCELL: Thank you. Is there anyone in Zoomland who would like to speak regarding the tax levy estimate? (No response.) MAYOR PURCELL: Okay. Thank you so much. I will ask anyone else, one last chance speak, to the 2024 tax levy estimate. (No response.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 9 MAYOR PURCELL: Okay. We are closing the 2024 tax levy estimate. I am now opening the Daniels Malinski Yorkville Family, L L L P , that's a triple L P , annexation public hearing. Is there anyone here who would like to speak regarding the public hearing for the Daniels Malinski annexation? (No response.) MAYOR PURCELL: Is there anyone in Zoomland who would like to speak regarding the Daniels Malinski annexation? (No response.) MAYOR PURCELL: Nobody? (No response.) MAYOR PURCELL: I now close the Daniels Malinski Yorkville Family -- MR. BENNETT: Sorry, I actually do have a -- MAYOR PURCELL: Oh. MR. BENNETT: Can you guys hear me? MAYOR PURCELL: Sorry. I didn't realize that. Okay. Let me back up. I don't close it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 10 MR. BENNETT: I apologize. MAYOR PURCELL: Don't you worry. MR. BENNETT: There's a delay. MAYOR PURCELL: Could you state your name and then go ahead, please? MR. BENNETT: Sure. No problem. My name is Andrew Bennett. MAYOR PURCELL: Thank you. ANDREW BENNETT, testified via Zoom as follows: MR. BENNETT: Yeah, I just have one question. I am a neighbor, resident in the Fox Hill area that's close by to the zoning. The one question I do have, and I think speaks to a lot of the neighbors in Fox Hill, is just regarding the property value impact of this decision. Has any analysis been done to understand the impact of the manufacturing zoning or nearby residential property values, and will the City of Yorkville, you know, compensate any homeowners if property values do decrease due to this annexation zoning? MAYOR PURCELL: So this is a public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 11 hearing, you are welcome to ask questions and comment. We can take questions and get back to you if you have multiple questions, but we are not here to do a give-and-take at this point. So if you want us to answer those, we get back to you, we can get you information if you have a way to get ahold of us. Bart, what's the best way to -- MR. OLSON: You can email me. Andrew, I am going to type my e mail into the chat, you can take it from there, you want to just shoot me a quick email. I 've got your questions verbally and I can respond to them after the meeting. MR. BENNETT: Yeah, sure. No problem. MAYOR PURCELL: Do you have other questions or comments? MR. BENNETT: I did have just one follow-up question -- MAYOR PURCELL: Sure. MR. BENNETT: -- and that will be my last, if that's okay. MAYOR PURCELL: Yeah, absolutely. No, it's -- MR. BENNETT: Just something to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 12 consider, it kind of goes along with that, but I guess what are some of the long-term plans for manufacturing development in this particular area and, you know, if this rezoning happens, is it likely to be followed by similar changes nearby, and just are there any -- if, you know, this data center comes into play, are there any plans to just include some kind of a buffer zone or natural barrier between the manufacturing district, the data center, and the residential areas, the neighbors of Fox Hill. So that's -- that concludes my questions for that, but just mainly interested in knowing like what barriers, buffer zones, there might be put in place between the neighbors and the data center. MAYOR PURCELL: Okay. Yeah. Bart will get you information, and if you have other questions, you can email him back. Those are good questions. MR. BENNETT: Appreciate it. Thank you. MAYOR PURCELL: Thank you. Is there anyone else out in Zoomland? I see there is a lot of people, maybe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 13 I missed someone else. (No response.) MAYOR PURCELL: Okay. Now I will close the Daniels Malinski Yorkville Family, L L L P annexation hearing. We are now done with public hearings. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :18 p .m .) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 14 STATE OF ILLINOIS ) ) SS: COUNTY OF LASALLE ) I , CHRISTINE M . VITOSH, a Certified Shorthand Reporter of the State of Illinois, do hereby certify: That the foregoing public hearing transcript, Pages 1 through 15, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. I further certify that my certificate attached hereto applies to the original transcript and copies thereof signed and certified under my hand only. I assume no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 15 responsibility for the accuracy of any reproduced copies not made under my control or direction. IN WITNESS WHEREOF, I do hereunto set my hand at Leland, Illinois, this 19th day of November, 2024. /s / Christine M . Vitosh CHRISTINE M . VITOSH, C .S .R . 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15:8 VITOSH [2] - 14:3, 15:9 voting [1] - 4:7 W welcome [1] - 11:1 WHEREOF [1] - 15:3 WHEREUPON [1] - 4:1 whole [2] - 7:4 Willrett [1] - 2:14 WITNESS [2] - 3:3, 15:3 worry [1] - 10:2 worth [4] - 5:19, 6:5, 6:7, 6:11 Y year [4] - 5:10, 5:14, 6:21, 7:3 year-end [1] - 7:3 YORKVILLE [1] - 1:6 Yorkville [10] - 1:17, 2:18, 4:17, 4:23, 7:6, 7:10, 9:4, 9:17, 10:21, 13:4 Z zone [1] - 12:8 zones [1] - 12:14 zoning [3] - 10:13, 10:19, 10:23 Zoom [2] - 2:1, 10:10 Zoomland [3] - 8:18, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - November 12, 2024 3 9:11, 12:24 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 Bills for Payment City Council – December 10, 2024 Majority Approval Amy Simmons Finance Name Department 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: 11/25/24 UNITED CITY OF YORKVILLE TIME: 11:05:18 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131250 KCR KENDALL COUNTY RECORDER'S 11/06/244014715 11/06/24 01 PLAT-QUIK TRIP 90-208-00-00-0011 92.0002 PLAT-FOX HILL-NORTHPOINTE 90-195-00-00-0011 91.00INVOICE TOTAL: 183.00 *CHECK TOTAL: 183.00TOTAL AMOUNT PAID: 183.00Page 1 of 29 DATE: 11/25/24UNITED CITY OF YORKVILLETIME: 10:22:18PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 11/29/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003837 DIETERG GARY M. DIETER11/23/2411/23/24 01 REFEREE79-795-54-00-5462200.00INVOICE TOTAL:200.00 *DIRECT DEPOSIT TOTAL:200.00D003838 OLEARYM MARTIN J. O'LEARY11/16/2411/16/24 01 REFEREE79-795-54-00-5462200.00INVOICE TOTAL:200.00 *11/23/2411/23/24 01 REFEREE79-795-54-00-5462200.00INVOICE TOTAL:200.00 *DIRECT DEPOSIT TOTAL:400.00D003839 PATTONS SHANE PATTON11/16/2411/16/24 01 REFEREE79-795-54-00-5462110.00INVOICE TOTAL:110.00 *11/23/2411/23/24 01 REFEREE79-795-54-00-5462110.00INVOICE TOTAL:110.00 *DIRECT DEPOSIT TOTAL:220.00D003840 RIEHIEMG GRANT RIEHLE-MOELLER11162411/16/24 01 REFEREE79-795-54-00-5462200.00INVOICE TOTAL:200.00 *DIRECT DEPOSIT TOTAL:200.00TOTAL CHECKS PAID: 0.00TOTAL DEPOSITS PAID:1,020.00TOTAL AMOUNT PAID:1,020.00Page 2 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541739 AACVB AURORA AREA CONVENTION10/24-HAMPTON 11/18/24 01 OCT 2024 HAMPTON HOTEL TAX 01-640-54-00-5481 5,093.51INVOICE TOTAL: 5,093.51 *10/24-SUNSET 11/15/24 01 OCT 2024 SUNSET HOTEL TAX 01-640-54-00-5481 6.48INVOICE TOTAL:6.48 *CHECK TOTAL:5,099.99D003841 ALLIANT ALLIANT INSURANCE SERVICES INC2900842 11/27/24 01 PUBLIC OFFICIAL BOND RENEWAL 01-120-54-00-5462 500.00INVOICE TOTAL: 500.00 *DIRECT DEPOSIT TOTAL: 500.00541740 ALLSTAR ALL STAR SPORTS INSTRUCTION247019 11/25/24 01 FALL II SESSION INSTRUCTION 79-795-54-00-5462 2,420.00INVOICE TOTAL:2,420.00 *CHECK TOTAL:2,420.00D003842 ALVAREZA AARON ALVAREZ120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541741 ANDERSJA JARED ANDERSON12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00Page 3 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003843 ANTPLACE ANTHONY PLACE YORKVILLE LPJAN 2025 12/01/24 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427 946.0002 ASSISTANCE PROGRAM RENT ** COMMENT **03 REIMBURSEMENT FOR JAN 2025 ** COMMENT **INVOICE TOTAL: 946.00 *DIRECT DEPOSIT TOTAL: 946.00541742 BARBANEM MARISA BARBANENTE12012412/01/24 01 NOV 2024 MOBILE EMAIL79-795-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541743 BATTERYS BATTERY SERVICE CORPORATION011469910/25/24 01 6 BATTERIES01-410-54-00-54351,679.70INVOICE TOTAL:1,679.70 *011470010/25/24 01 6 BATTERIES01-410-54-00-54351,679.70INVOICE TOTAL:1,679.70 *011488611/01/24 01 6 BATTERIES01-410-54-00-54351,679.70INVOICE TOTAL:1,679.70 *CHECK TOTAL:5,039.10541744 BCBSBLUE CROSS BLUE SHIELDF015083-DEC 2024 11/22/24 01 DEARBORN/BCBS EAP-DEC 2024 01-110-52-00-52226.3502 DEARBORN/BCBS EAP-DEC 2024 01-120-52-00-52224.2303 DEARBORN/BCBS EAP-DEC 2024 01-210-52-00-522250.7604 DEARBORN/BCBS EAP-DEC 2024 01-220-52-00-522211.63Page 4 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541744 BCBS BLUE CROSS BLUE SHIELDF015083-DEC 2024 11/22/24 05 DEARBORN/BCBS EAP-DEC 2024 01-410-52-00-5222 9.2906 DEARBORN/BCBS EAP-DEC 2024 24-216-52-00-5222 2.8207 DEARBORN/BCBS EAP-DEC 2024 51-510-52-00-5222 11.3808 DEARBORN/BCBS EAP-DEC 2024 52-520-52-00-5222 4.3509 DEARBORN/BCBS EAP-DEC 2024 79-790-52-00-5222 16.2210 DEARBORN/BCBS EAP-DEC 2024 79-795-52-00-522211.2811 DEARBORN/BCBS EAP-DEC 2024 82-820-52-00-52227.05INVOICE TOTAL:135.36 *CHECK TOTAL:135.36D003844 BEDFORDR RYAN BEDFORD120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003845 BEHLANDJ JORI BEHLAND120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541745 BICOAST BICOASTAL PRODUCTIONS LLC2025 HTD-DEP 11/21/24 01 2025 HTD DEPOSIT-BAND 79-000-14-00-1400 3,750.00INVOICE TOTAL:3,750.00 *CHECK TOTAL:3,750.00D003846 BLYSTONB BOBBIE BLYSTONEPage 5 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003846 BLYSTONB BOBBIE BLYSTONE12012412/01/24 01 NOV 2024 MOBILE EMAIL01-110-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541746 BNYMGLOB THE BANK OF NEW YORK MELLON00252-24-0001040 11/18/24 01 2025 ADMIN FEE-REF 2014 BOND 87-870-54-00-5498802.50INVOICE TOTAL:802.50 *CHECK TOTAL:802.50D003847 BROWND DAVID BROWN120124 12/01/24 01 NOV 2024 MOBILE EMAIL 51-510-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541747 BUILDERS BUILDERS PAVING LLC2407503 12/02/24 01 ENGINEERS PAYMENT ESTIMATE 3 23-230-60-00-6028 1,427,384.8702 FOR 2024 LOCAL ROAD PROGRAM ** COMMENT **INVOICE TOTAL: 1,427,384.87 *CHECK TOTAL: 1,427,384.87541748 CHICMAFP CHICAGO METROPOLITAN AGENCY110724 11/07/24 01 FY 2025 LOCAL CONTRIBUTION 01-110-54-00-5460 771.73INVOICE TOTAL: 771.73 *CHECK TOTAL: 771.73Page 6 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541749 COMED COMMONWEALTH EDISON3059341222-1024 11/13/24 01 10/14-11/12 9257 GALENA PARK 79-795-54-00-5480 51.40INVOICE TOTAL: 51.40 *5336617000-1124 11/13/24 01 10/14-11/12 ROSENWINKLE & RT47 23-230-54-00-5482 52.06INVOICE TOTAL:52.06 *6242447000-102411/06/24 01 10/07-11/05 RT34 & CANNONBALL 23-230-54-00-548220.96INVOICE TOTAL:20.96 *7706362222-112411/18/24 01 10/17-11/15 KENNEDY & RT47 23-230-54-00-54821,431.73INVOICE TOTAL:1,431.73 *9193732222-102411/13/24 01 10/14-11/12 4600 N BRIDGE TANK 51-510-54-00-548070.08INVOICE TOTAL:70.08 *CHECK TOTAL:1,626.23D003848 CONARDR RYAN CONARD12012412/01/24 01 NOV 2024 MOBILE EMAIL51-510-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541750 CONLEY CONLEY EXCAVATING, INC499311/19/24 01 ENGINEERS PAYMENT ESTIMATE 3 51-510-60-00-60251,070,635.3602 FOR 2024 WATER MAIN** COMMENT **03 REPLACEMENT CONTRACT A** COMMENT **INVOICE TOTAL: 1,070,635.36 *CHECK TOTAL:1,070,635.36541751 COXLAND COX LANDSCAPING LLCPage 7 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541751 COXLAND COX LANDSCAPING LLC192619 11/14/24 01 SUNFLOWER YARD RESTORATION 12-112-54-00-5495 2,240.00INVOICE TOTAL: 2,240.00 *192620 11/14/24 01 FOX HILL TREE REMOVAL 11-111-54-00-5495 1,500.00INVOICE TOTAL:1,500.00 *CHECK TOTAL:3,740.00541752 CRUSHIN CRUSHIN' IT INC.2434910/31/24 01 STATE SPEC LIMESTONE51-510-56-00-5640296.88INVOICE TOTAL:296.88 *CHECK TOTAL:296.88D003849 DHUSEE DHUSE, ERIC120124 12/01/24 01 NOV 2024 MOBILE EMAIL 51-510-54-00-5440 15.0002 REIMBURSEMENT ** COMMENT **03 NOV 2024 MOBILE EMAIL 52-520-54-00-5440 15.0004 REIMBURSEMENT ** COMMENT **05 NOV 2024 MOBILE EMAIL 01-410-54-00-5440 15.0006 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003850 DLKDLK, LLC28311/27/24 01 NOV. 2024 ECONOMIC01-640-54-00-54869,750.0002 DEVELOPMENT HOURS** COMMENT **INVOICE TOTAL:9,750.00 *DIRECT DEPOSIT TOTAL:9,750.00Page 8 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541753 DRHCAMBR DR HORTON-MIDWEST20220911-2794 BERRYW 11/18/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20221219-2781 BERRYW 11/18/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:10,000.00D003851 EVANST TIM EVANS120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 22.5002 REIMBURSEMENT** COMMENT **03 NOV 2024 MOBILE EMAIL79-795-54-00-544022.5004 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541754 FISHERR RYAN FISHER110624-PER DIEM11/06/24 01 11/06/24 TRAINING PER DIEMS 01-210-54-00-541540.00INVOICE TOTAL:40.00 *112224-PER DIEM11/22/24 01 11/22/24 TRAINING PER DIEMS 01-210-54-00-5415100.00INVOICE TOTAL:100.00 *CHECK TOTAL:140.00541755 FOXRIDGE FOX RIDGE STONE1000611/09/24 01 GRAVEL51-510-56-00-5640215.00INVOICE TOTAL:215.00 *926707/20/24 01 GRAVEL51-510-56-00-5640215.00INVOICE TOTAL:215.00 *CHECK TOTAL:430.00Page 9 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541756 FOXVALLE FOX VALLEY TROPHY & AWARDST175 10/15/24 01 GIRLS BASKETBALL MEDALS 79-795-56-00-5606 425.00INVOICE TOTAL: 425.00 *CHECK TOTAL: 425.00D003852 FREDRICR ROB FREDRICKSON120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003853 GALAUNEJ JAKE GALAUNER12012412/01/24 01 NOV 2024 MOBILE EMAIL79-795-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541757 HARRIS HARRIS COMPUTER SYSTEMSMSIXT000056509/27/24 01 MYGOVHUB FEES-SEPT 202401-120-54-00-5462334.5202 MYGOVHUB FEES-SEPT 202451-510-54-00-5462501.7803 MYGOVHUB FEES-SEPT 202452-520-54-00-5462147.58INVOICE TOTAL:983.88 *CHECK TOTAL:983.88541758 HARTROB ROBBIE HART10/16/24-PER DIEM 10/16/24 01 10/16/24 TRAINING PER DIEMS 01-210-54-00-541532.00INVOICE TOTAL:32.00 *Page 10 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541758 HARTROB ROBBIE HART10/21/24-PER DIEM 10/21/24 01 10/21/24 TRAINING PER DIEMS 01-210-54-00-5415 15.00INVOICE TOTAL: 15.00 *CHECK TOTAL: 47.00D003854 HENNED DURK HENNE120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003855 HERNANDN NOAH HERNANDEZ12012412/01/24 01 NOV 2024 MOBILE EMAIL01-410-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541759 HODOUSR RICHARD HODOUS12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541760 HOMETREE HOMER TREE CARE, INC5917611/21/24 01 CRANE ASSISTED TREE REMOVAL 01-410-54-00-54588,400.00INVOICE TOTAL:8,400.00 *CHECK TOTAL:8,400.00Page 11 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003856 HORNERR RYAN HORNER120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003857 HOULEA ANTHONY HOULE120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003858 IHRIGK KIRSTEN IHRIG12012412/01/24 01 NOV 2024 MOBILE EMAIL79-795-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541761 IPRFILLINOIS PUBLIC RISK FUND9730812/01/24 01 JAN 2025 WORK COMP INS01-640-52-00-523113,403.7502 JAN 2025 WORK COMP INS-PR 01-640-52-00-52312,726.6403 JAN 2025 WORK COMP INS51-510-52-00-52311,271.0604 JAN 2025 WORK COMP INS52-520-52-00-5231574.1605 JAN 2025 WORK COMP INS82-820-52-00-52311,083.39INVOICE TOTAL:19,059.00 *CHECK TOTAL:19,059.00D003859 JACKSONJ JAMIE JACKSONPage 12 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003859 JACKSONJ JAMIE JACKSON120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003860 JOHNGEOR GEORGE JOHNSON120124 12/01/24 01 NOV 2024 MOBILE EMAIL 51-510-54-00-5440 22.5002 REIMBURSEMENT** COMMENT **03 NOV 2024 MOBILE EMAIL52-520-54-00-544022.5004 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541762 KCCONC KENDALL COUNTY CONCRETE93910/31/24 01 CONCRETE01-410-56-00-564071.08INVOICE TOTAL:71.08 *CHECK TOTAL:71.08D003861 KLEEFISG GLENN KLEEFISCH12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541763 KOLOWSKT TIMOTHY KOLOWSKI09/30/24-PER DIEMS 09/30/24 01 09/30/24 TRAINING PER DIEMS 01-210-54-00-541520.00INVOICE TOTAL:20.00 *CHECK TOTAL:20.00Page 13 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541764 KONICAMI KONICA MINOLTA BUSINESS51874788 11/13/24 01 DOCUMENT SCANNING 01-220-54-00-5462 2,657.51INVOICE TOTAL: 2,657.51 *51874789 11/13/24 01 DOCUMENT SCANNING 01-220-54-00-5462 259.39INVOICE TOTAL:259.39 *5187479011/13/24 01 DOCUMENT SCANNING01-220-54-00-5462285.59INVOICE TOTAL:285.59 *5187479111/13/24 01 DOCUMENT SCANNING01-220-54-00-54624,379.92INVOICE TOTAL:4,379.92 *CHECK TOTAL:7,582.41541765 KREPKOMP FRED KREPPERT24217111/25/24 01 RUDOLPH RUN CHIP TIMING79-795-54-00-5462657.00INVOICE TOTAL:657.00 *CHECK TOTAL:657.00541766 LANDAP PAUL LANDA12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541767 LAWSON LAWSON PRODUCTS931200795211/14/24 01 COTTER PINS, WASHERS, NUTS, 01-410-56-00-5620225.8802 PINS, CABLE TIES, CUT OFF** COMMENT **03 WHEEL** COMMENT **Page 14 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541767 LAWSON LAWSON PRODUCTS9312007952 11/14/24 04 COTTER PINS, WASHERS, NUTS, 51-510-56-00-5620 225.8805 PINS, CABLE TIES, CUT OFF ** COMMENT **06 WHEEL ** COMMENT **07 COTTER PINS, WASHERS, NUTS, 52-520-56-00-5620 225.8908 PINS, CABLE TIES, CUT OFF ** COMMENT **09 WHEEL** COMMENT **INVOICE TOTAL:677.65 *CHECK TOTAL:677.65541768 LEGENDRP PATRICK LEGENDRE09012412/01/24 01 MOBILE EMAIL REIMBURSEMENT 51-510-54-00-544053.7002 FOR 08/26/24-09/30/24** COMMENT **INVOICE TOTAL:53.70 *12012412/01/24 01 NOV 2024 MOBILE EMAIL51-510-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CDL TRAINING-MEAL 11/25/24 01 CDL TRAINING MEAL CARD51-510-54-00-5415100.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:100.00 *CHECK TOTAL:198.70541769 LOMBARDS STEVEN LOMBARDO12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541770 MARKER MARKER INCPage 15 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541770 MARKER MARKER INCHEARTLAND MEADOW-LOT 11/20/24 01 SURETY GUARANTEE REFUND 01-000-24-00-2415 5,400.00INVOICE TOTAL: 5,400.00 *CHECK TOTAL: 5,400.00D003862 MCGREGOM MATTHEW MCGREGORY120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541771 MECHANIC MECHANICS LAB LLC5830 10/09/24 01 REPLACED INJECTOR HARNESS, 01-410-54-00-5490 4,259.4402 VALVE COVER GASKET AND REBUILT ** COMMENT **03 FICM** COMMENT **INVOICE TOTAL:4,259.44 *CHECK TOTAL:4,259.44541772 MESIMPSO M.E. SIMPSON CO, INC4342811/21/24 01 LEAK DETECTION AT 512 BLAINE 51-510-56-00-5640645.00INVOICE TOTAL:645.00 *CHECK TOTAL:645.00541773 MIDWSALT MIDWEST SALTP47715811/05/24 01 BULK ROCK SALT51-510-56-00-56382,992.26INVOICE TOTAL:2,992.26 *P47752211/20/24 01 BULK ROCK SALT51-510-56-00-56383,316.60INVOICE TOTAL:3,316.60 *Page 16 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541773 MIDWSALT MIDWEST SALTP4775525 11/20/24 01 BULK ROCK SALT 51-510-56-00-5638 3,674.95INVOICE TOTAL: 3,674.95 *CHECK TOTAL: 9,983.81D003863 MILSCHET TED MILSCHEWSKI120124 12/01/24 01 NOV 2024 MOBILE EMAIL 24-216-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541774 NASUTAE EMILY NASUTA120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00D003864 NAVARROJ JESUS NAVARRO12012412/01/24 01 NOV 2024 MOBILE EMAIL24-216-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541775 NEOPOST QUADIENT FINANCE USA, INC11252411/25/24 01 REFILL POSTAGE MACHINE01-000-14-00-1410200.00INVOICE TOTAL:200.00 *CHECK TOTAL:200.00Page 17 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541776 NICOR NICOR GAS16-00-27-3553 4-1024 11/11/24 01 10/10-11/11 1301 CAROLYN 01-110-54-00-5480 53.96INVOICE TOTAL: 53.96 *95-16-10-1000 4-1024 11/14/24 01 10/14-11/13 1 RT47 01-110-54-00-5480 51.72INVOICE TOTAL:51.72 *CHECK TOTAL:105.68541777 OTTOSEN OTTOSEN DINOLFO049010/31/24 01 DOWNTOWN TIF II MATTER89-890-54-00-5462172.50INVOICE TOTAL:172.50 *1048510/31/24 01 BRISTOL BAY MATTER90-179-00-00-001169.0002 CONSUME CANNABIS MATTER90-230-00-00-00112,055.0903 QUIKTRIP MATTER90-208-00-00-0011161.4204 KELKA MATTER90-220-00-00-001192.0005 DMYF PROPERTIES MATTER90-234-00-00-0011245.0006 MISC CITY ADMIN MATTERS01-640-54-00-545612,033.53INVOICE TOTAL:14,656.04 *1048610/31/24 01 DOWNTOWN TIF I MATTER88-880-54-00-5462391.00INVOICE TOTAL:391.00 *1048710/31/24 01 MEETINGS01-640-54-00-54561,600.00INVOICE TOTAL:1,600.00 *1048810/31/24 01 GREEN DOOR MATTER90-191-00-00-0011138.00INVOICE TOTAL:138.00 *1048910/31/24 01 COUNTRYSIDE TIF MATTER87-870-54-00-5462310.50INVOICE TOTAL:310.50 *1049110/31/24 01 WIDENING OF KENNEDY RD MATTER 01-640-54-00-5456690.00INVOICE TOTAL:690.00 *Page 18 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541777 OTTOSEN OTTOSEN DINOLFO10492 10/31/24 01 COSTCO MATTER 90-239-00-00-0011 172.50INVOICE TOTAL: 172.50 *10493 10/31/24 01 IEPA WATER LOAN MATTER 01-640-54-00-5456 1,035.00INVOICE TOTAL:1,035.00 *1049410/31/24 01 GRANDE RESERVE MATTER90-228-00-00-001192.00INVOICE TOTAL:92.00 *1049610/31/24 01 CYRUS 1 MATTER90-227-00-00-001192.00INVOICE TOTAL:92.00 *1049710/31/24 01 VALLEY ELECTRICAL VS LITE 01-640-54-00-5461322.0002 CONSTRUCTION MATTER** COMMENT **INVOICE TOTAL:322.00 *1049810/31/24 01 APPLIED COMMUNICATION VS LITE 01-640-54-00-5461460.0002 CONSTRUCTION MATTER** COMMENT **INVOICE TOTAL:460.00 *CHECK TOTAL:20,131.54541778 PACESYST PACE SYSTEM INCIN0006208710/21/24 01 ANNUAL SOFTWARE RENEWAL01-210-54-00-54622,310.00INVOICE TOTAL:2,310.00 *CHECK TOTAL:2,310.00D003865 PIAZZA AMY SIMMONS120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00Page 19 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003866 PRUITTC CAYLA PRUITT120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541779 PURCELLJ JOHN PURCELL12012412/01/24 01 NOV 2024 MOBILE EMAIL01-110-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541780 R0001593 LOCAL 150 APPRENTICESHIP FUNDL150.11011/15/24 01 CDL TRAINING-LEGENDRE51-510-54-00-54124,784.00INVOICE TOTAL:4,784.00 *CHECK TOTAL:4,784.00541781 R0001975 RYAN HOMES20221503-3093 GRANDE 11/25/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24157,500.00INVOICE TOTAL:7,500.00 *20231622-2651 GOULD 11/20/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24157,500.00INVOICE TOTAL:7,500.00 *CHECK TOTAL:15,000.00D003867 RATOSP PETE RATOS12012412/01/24 01 NOV 2024 MOBILE EMAIL01-220-54-00-544045.00Page 20 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003867 RATOSP PETE RATOS120124 12/01/24 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003868 REDMONST STEVE REDMON120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003869 ROSBOROS SHAY REMUS12012412/01/24 01 NOV 2024 MOBILE EMAIL79-795-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541782 RUTTER RUTTER PRODUCTIONS, LTD2024 SANTA11/20/24 01 2024 SANTA APPEARANCES79-795-56-00-56061,700.00INVOICE TOTAL:1,700.00 *CHECK TOTAL:1,700.00D003870 SCODROP PETER SCODRO12012412/01/24 01 NOV 2024 MOBILE EMAIL51-510-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00Page 21 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003871 SCOTTTR TREVOR SCOTT120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003872 SENDRAS SAMANTHA SENDRA120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003873 SENGM MATT SENG12012412/01/24 01 NOV 2024 MOBILE EMAIL01-410-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003874 SLEEZERJ JOHN SLEEZER12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003875 SLEEZERS SCOTT SLEEZER12012412/01/24 01 NOV 2024 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00Page 22 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003876 SMITHD DOUG SMITH120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541783 SPARKLE SPARKLES ENTERTAINMENT, INC241123YPR11/19/24 01 2024 SANTA VISITS79-795-56-00-56061,200.00INVOICE TOTAL:1,200.00 *CHECK TOTAL:1,200.00541784 STANDARD STANDARD & ASSOCIATES, INC.SA00005922709/30/24 01 ENTRY LEVEL PERSONALITY01-210-54-00-5411495.0002 EVALUATION-CAMIS** COMMENT **INVOICE TOTAL:495.00 *SA00005967410/31/24 01 ENTRY LEVEL PERSONALITY01-210-54-00-5411495.0002 EVALUATION-WADE** COMMENT **INVOICE TOTAL:495.00 *CHECK TOTAL:990.00D003877 STEFFANG GEORGE A STEFFENS12012412/01/24 01 NOV 2024 MOBILE EMAIL52-520-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541785 STROUPS STROUP, SAMUELPage 23 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541785 STROUPS STROUP, SAMUEL11/15/24-PER DIEM 11/15/24 01 11/15/24 MEAL PER DIEMS 01-210-54-00-5415 110.00INVOICE TOTAL: 110.00 *CHECK TOTAL: 110.00D003878 THOMASL LORI THOMAS120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541786 TRCONTPR HIGH STAR TRAFFIC114395 04/07/24 01 TRAFFIC SIGNS 23-230-56-00-5619 2,474.20INVOICE TOTAL:2,474.20 *CHECK TOTAL:2,474.20541787 TROTSKY TROTSKY INVESTIGATIVEYORKVILLE PD 24-03 11/05/24 01 POLYGRAPH EXAM-WADE01-210-54-00-5411195.00INVOICE TOTAL:195.00 *CHECK TOTAL:195.00541788 UNIMAX UNI-MAX MANAGEMENT CORP517011/18/24 01 OCT 2024 OFFICE CLEANING AT 01-110-54-00-5488369.5502 651 PP** COMMENT **03 OCT 2024 OFFICE CLEANING AT 01-120-54-00-5488369.5504 651 PP** COMMENT **05 OCT 2024 OFFICE CLEANING AT 01-210-54-00-54881,061.38Page 24 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541788 UNIMAX UNI-MAX MANAGEMENT CORP5170 11/18/24 06 651 PP ** COMMENT **07 OCT 2024 OFFICE CLEANING AT 79-795-54-00-5488 318.1108 651 PP ** COMMENT **09 OCT 2024 OFFICE CLEANING AT 01-220-54-00-5488 203.4110 651 PP ** COMMENT **11 OCT 2024 OFFICE CLEANING AT 01-410-54-00-5488153.0012 PW FACILITY** COMMENT **13 OCT 2024 OFFICE CLEANING AT 51-510-54-00-5488153.0014 PW FACILITY** COMMENT **15 OCT 2024 OFFICE CLEANING AT 52-520-54-00-5488153.0016 PW FACILITY** COMMENT **17 OCT 2024 OFFICE CLEANING82-820-54-00-54882,106.0018 OCT 2024 OFFICE CLEANING AT 79-790-54-00-5488230.0019 PARKS GARAGE** COMMENT **20 OCT 2024 OFFICE CLEANING AT 79-795-54-00-5488702.0021 PRESCHOOL BUILDING** COMMENT **22 OCT 2024 OFFICE CLEANING AT 79-795-54-00-5488230.0023 VAN EMMON** COMMENT **INVOICE TOTAL:6,049.00 *CHECK TOTAL:6,049.00D003879 WEBERR ROBERT WEBER120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00541789 WEX WEX BANK101201970 11/30/24 01 NOV 2024 GASOLINE 01-210-56-00-5695 6,048.5102 NOV 2024 GASOLINE01-220-56-00-5695553.04INVOICE TOTAL:6,601.55 *CHECK TOTAL:6,601.55Page 25 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003880 WILLRETE ERIN WILLRETT120124 12/01/24 01 NOV 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003881 WOLFB BRANDON WOLF120124 12/01/24 01 NOV 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00541790 YBCAYORKVILLE BUSINESS CENTER2024 ASSESSMENT12/03/24 01 2024 ANNUAL ASSESSMENT FOR LOT 24-216-54-00-54622,952.0002 4, PARCEL 02-16-400-013** COMMENT **INVOICE TOTAL:2,952.00 *CHECK TOTAL:2,952.00541791 YBSDYORKVILLE BRISTOL24-NOV12/02/24 01 NOV 2024 SANITARY FEES95-000-24-00-2450312,993.95INVOICE TOTAL:312,993.95 *CHECK TOTAL:312,993.95D003882 YODERD DAVID YODER12012412/01/24 01 NOV 2024 MOBILE EMAIL01-410-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00Page 26 of 29 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: 12/03/24TIME: 07:55:45UNITED CITY OF YORKVILLE&+(&.5(*,67(5ID: AP211001.W0WINVOICES DUE ON/BEFORE 12/10/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541792 YOUNGM MARLYS J. YOUNG110624-EDC 11/16/24 01 11/06/24 EDC MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.002,968,878.9112,951.00TOTAL CHECKS PAID:TOTAL DIRECT DEPOSITS PAID:TOTAL AMOUNT PAID:2,981,829.91Page 27 of 29 REGULAR OVERTIME TOTAL IMRFFICA TOTALSMAYOR & LIQ. COM.1,583.34$ -$1,583.34$ -$121.13$ 1,704.47$ ALDERMAN6,066.64 -6,066.64-464.16 6,530.80 ADMINISTRATION20,042.54 -20,042.54 1,168.49 978.86 22,189.89 FINANCE15,996.92 -15,996.92 932.62 1,191.21 18,120.75 POLICE150,621.58 3,136.76 153,758.34 405.33 11,444.96 165,608.63 COMMUNITY DEV.27,032.81 -27,032.81 1,576.02 1,987.88 30,596.71 STREETS29,619.36 -29,619.36 1,726.78 2,193.91 33,540.05 BUILDING & GROUNDS6,356.07 -6,356.07 370.56 473.41 7,200.04 WATER20,710.87 968.31 21,679.18 1,216.08 1,590.75 24,486.01 SEWER13,402.91 -13,402.91 781.39 984.37 15,168.67 PARKS37,908.44 -37,908.44 2,122.49 2,822.55 42,853.48 RECREATION28,893.99 -28,893.99 1,383.79 2,151.38 32,429.16 LIBRARY17,658.05 -17,658.05 676.15 1,298.65 19,632.85 TOTALS375,893.52$ 4,105.07$ 379,998.59$ 12,359.70$ 27,703.22$ 420,061.51$ TOTAL PAYROLL420,061.51$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYNovember 22, 2024Page 28 of 29 ACCOUNTS PAYABLE DATE Clerk's Check #131249 Kendall County Recorder (Page 1)11/06/2024 183.00$ Manual City Check Register (Page 2)11/29/2024 1,020.00 City Check Register (Pages 3 - 27)12/09/2024 2,981,829.91 SUB-TOTAL:$2,983,032.91 WIRE PAYMENTS Blue Cross/ Blue Shield Insurance-Dec 2024 11/27/2024 150,506.45$ Amalgamated Bank of Chicago - 2015A Bond - Interest PMT 11/25/2024 60,700.00 Amalgamated Bank of Chicago - 2015A Bond - Principal PMT 11/25/2024 475,000.00 Amalgamated Bank of Chicago - 2014A Bond -Interest PMT 11/25/2024 48,368.75 Amalgamated Bank of Chicago - 2014A Bond -Principal PMT 11/25/2024 220,000.00 BNY Mellon - 2014 Refi Bond - Interest PMT 11/25/2024 25,357.50 TOTAL PAYMENTS:$979,932.70 Bi - Weekly (Page 28)11/22/2024 420,061.51$ SUB-TOTAL:420,061.51$ TOTAL DISBURSEMENTS:4,383,027.12$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, December 10, 2024 PAYROLL Page 29 of 29 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 EDC 2024-86 Amendment to the IGA Regarding Eldamain Road City Council – December 10, 2024 EDC – 12/3/24 Moved forward to CC consent agenda. EDC 2024-86 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of an amendment to the Eldamain Road intergovernmental agreement to reduce the City’s recapturable costs. Background The City Council last discussed this agenda item in February 2011, when the City Council approved an intergovernmental agreement with Kendall County and Plano to recover Eldamain Road costs expended by Kendall County and Plano from future developments in Yorkville and Plano. In short, Kendall County paid for the project balance, Plano contributed $3.4m and Yorkville contributed nothing. Since then, Kendall County has received an additional grant for $3.5m for the project and this grant award was not reflected in the original intergovernmental agreement. The attached draft amended intergovernmental agreement takes those grant funds into account and reduces the recapturable costs for Yorkville developments from $336.59 per lineal foot of frontage on Eldamain Road to $161.85 per lineal foot. Currently, Yorkville has one active development that will pay this recapture cost when a final plat is filed – the Hagemann development brought forward by Green Door. Green Door is aware of this proposed recapture amount. Recommendation Staff recommends approval of the amended intergovernmental agreement covering Eldamain Road costs. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: November 27, 2024 Subject: Amendment to the Intergovernmental Agreement Regarding Eldamain Road Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, AND THE CITY OF PLANO GOVERNING THE RECONSTRUCTION OF ELDAMAIN ROAD WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the United City of Yorkville, the City of Plano, and Kendall County (collectively, the “Parties”) previously entered into an Intergovernmental Cooperative Agreement governing the reconstruction of Eldamain Road from Menards to Galena Road (the “Agreement”) dated March 15, 2011; and WHEREAS, the Parties desire to amend the Agreement to account for actual cost of construction on Eldamain Road and grant funds received by Kendall County. 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 Amendment to the March 15, 2011 Intergovernmental Agreement between Kendall County, City of Plano, and City of Yorkville governing the Reconstruction of Eldamain Road from Menards to Galena Road, attached hereto and made a part hereof by reference, is hereby approved. Section 3. This ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of Page Intentionally Left Blank. Roll Call Vote to Follow.] Ordinance No. 2024-____ Page 2 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   Page 1 of 4    AMENDMENT TO THE MARCH 15, 2011 INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY, CITY OF PLANO, AND CITY OF YORKVILLE GOVERNING THE RECONSTRUCTION OF ELDAMAIN ROAD FROM MENARDS TO GALENA ROAD THIS AMENDMENT(this “Amendment”) dated this ___ day of _________, 2024, modifies the intergovernmental agreement between Kendall County (“County”), City of Plano (“Plano”), and City of Yorkville (“Yorkville”) approved March 15, 2011 (the “Agreement”). For purposes of this Amendment, the County, Plano, and Yorkville shall hereinafter collectively be referred to as the “Parties.” RECITALS WHEREAS, in 2011, the Parties entered into the Agreement, which set forth the obligations among the parties for sharing the costs of certain improvements to Eldamain Road; and WHEREAS, under the Agreement, the parties agreed that the County would be lead agency and make all payments for the improvements, the total cost of which was estimated to be $6.3 million; and WHEREAS, according to paragraph 5 of the Agreement, Plano and Yorkville were to reimburse the County for their shares of the project cost by collecting fees pursuant to recapture agreements when the property along Eldamain Road was developed and annexed into the municipalities; and WHEREAS, because Plano had already expended $3.4 million for improvements to Eldamian Road pursuant to a boundary agreement between Plano and Yorkville, Plano would not be obligated to make any contribution under the Agreement until Yorkville’s contributions under the Agreement had exceeded $3.4 million; and   Page 2 of 4    WHEREAS, based upon 2011 estimates and as set forth in paragraph 9 of the Agreement, Yorkville’s share of the project cost subject to reimbursement was assessed at $336.59 per lineal foot of frontage on the east side of Eldamain Road (11,290 lineal feet) and Plano’s share of the project cost subject to reimbursement was assessed at $34.85 per lineal foot of frontage on the west side of Eldamain Road (11,468 lineal feet); and WHEREAS, the Agreement provided that in the event federal or state grant funds were used for the project, the municipal contributions would be reduced proportionally so that each municipality’s contribution per foot would be as follows: Yorkville = [1 - Grant Funds/$6.3 million] x $336.59; Plano = [1 – Grant Funds/$6.3 million] x $34.85; and WHEREAS, the Agreement provided that once the project was completed, the parties would execute an amendment to the Agreement incorporating the final as-built costs and adjusting the municipalities’ allocations to reflect those as-built costs; and WHEREAS, the final construction costs were $6,741,761.70; and WHEREAS, the County received grant funds of $3.5 million; and WHEREAS, using the formula from the Agreement and incorporating the final construction costs and the grant amount yield the following as the contribution due from each municipality: Yorkville: [1 - $3,500,000/$6,741,761.70] x $336.59 = $161.85 per foot Plano: [1- $3,500,000/$6,741,761.70] x $34.85 = $16.76 per foot; and WHEREAS, as directed by paragraph 10 of the Agreement, the parties now agree to amend the Agreement to adjust the reimbursement allocation, based on as-built costs and the receipt of grant funds and calculated in accordance with formula stated in paragraph 12 of the Agreement.   Page 3 of 4    NOW, THEREFORE, the Agreement is amended as follows, effective upon acceptance by all Parties: 1. The foregoing recitals are hereby incorporated into this Amendment as if fully restated in this paragraph 1. 2. The share of Yorkville’s reimbursable project costs, estimated at $336.59 per lineal foot in paragraph 9 of the Agreement, shall be reduced to $161.85 per lineal foot, as calculated based on actual project costs and the County’s receipt of $3.5 million in grant funds, and shall be due and payable to the County at the time of annexation to Yorkville of any property benefited by the project. 3. The share of Plano’s reimbursable project costs, estimated at $34.85 per lineal foot in paragraph 9 of the Agreement, shall be reduced to $16.76 per lineal foot, as calculated based on actual project costs and the County’s receipt of $3.5 million in grant funds, and shall be due and payable to the County at the time of annexation to Plano of any property benefited by the project. 4. Except as specifically modified by this Amendment, the Agreement remains in full force and effect. 5. The term of the Agreement as provided in paragraph 16 thereof is not extended by this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers. County of Kendall, a unit of local government City of Yorkville, a municipal of the State of Illinois corporation of the State of Illinois   Page 4 of 4    By: ____________________________ By: __________________________________ Chair, Kendall County Board Mayor Date: ____________________________ Date: ____________________________ Attest: Attest: ____________________________ ____________________________ County Clerk City Clerk City of Plano, a municipal corporation of the State of Illinois By: __________________________________ Mayor Date: ____________________________ Attest: ____________________________ City Clerk Ordinance No. 2011-05' AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH KENDALL COUNTY AND THE CITY OF PLANO GOVERNING THE RECONSTRUCTION OF ELDAMAIN ROAD WHEREAS, the United City of Yorkville is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are public agencies" within the meaning of the Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.) and have authority to exercise, combine and transfer their powers, functions and authority jointly with each other as public agencies; and, WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are units of local government" within the context of Section 10 of Article VII, of the Illinois Constitution of 1970 and have the authority 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, WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are authorized pursuant to the above authority to enter into an intergovernmental agreement for the reconstruction, financing, and recapturing of costs for the improvements to Eldamain Road which is under the jurisdiction of Kendall County. 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 Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth herein. Section 2. That the agreement between Kendall County, the City of Plano, and the United City of Yorkville entitled, Intergovernmental Agreement Between Kendall County, City of Plano and City of Yorkville, An Agreement Governing the Reconstruction of Eldamain Road from Menards to Galena Road, ("Intergovernmental Agreement") a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved. Section 3. That the Mayor and City Clerk are hereby authorized to execute and deliver said Intergovernmental Agreement. 1 Section 4. That the officials, officers, and employees of the United City of Yorkville are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and the Intergovernmental Agreement. Section S. This Ordinance shall be in full force and effect upon passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day o A.D. 2011. rye, ', t • Jl&dIlI_t'JL • '-"t C Y CLERK ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. k Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 0.0- day of FE62.1.1grey A.D. 2011. tiCiAaL 3C(Ak MAYOR 2 Ef\ INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY, CITY OF PLANO AND CITY OF YORKVILLE An agreement governing the reconstruction of Eldamain Road from Menards to Galena Road WHEREAS, Kendall County, the City of Plano, and the City of Yorkville are all units of local government authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220 et seq. and the Illinois Constitution Article VII Sec. 10, and; WHEREAS, Kendall County, hereinafter referred to as County, has jurisdiction over Eldamain Road for its entirety, and; WHEREAS, the County seeks to make certain improvements to Eldamain Road from the Menards Distribution Center north to Galena Road to address the growing capacity needs of the roadway, improve public safety and stimulate the economies of local municipalities, and; WHEREAS, specific improvements for the proposed roadway include the construction of one lane of concrete pavement in each direction, all appropriate turning lanes, paved shoulders, a raised grass median, pavement markings and all other appurtenances necessary to complete the reconstruction of the roadway in accordance with County specifications, and; WHEREAS, the City of Plano, hereinafter referred to as Plano, has corporate boundaries lying immediately adjacent to and West of the centerline of Eldamain Road; and City of Yorkville, hereinafter referred to as Yorkville, has corporate boundaries lying immediately adjacent to and East of the centerline of Eldamain Road, and; WHEREAS, both Plano and Yorkville share the vision of the County to make improvements to Eldamain Road from the Menards Distribution Center to Galena Road for reasons aforesaid, and; WHEREAS, said agencies desire to codify the terms of agreement as they relate to the cost of the project, the recapture of fees, the timing of repayment of fees and expenses, the dedication of necessary rights-of-way, the cost of engineering and any and all other items expressly identified and contained herein. Now, THEREFORE, in consideration of the mutual promises, obligations and undertakings set forth herein, the parties mutually agree as follows: 1.The above recitals are incorporated herein by reference. 2.The County will prepare or cause to be prepared all documents related to the reconstruction of Eldamain Road from the Menards Distribution Center north to Galena Road, including, but not limited to, engineering plans, specifications, estimates, contracts, bonds, and certificates of insurance, as well as all documentation required for accurate payment of all contractors and subcontractors working on the project under the terms and conditions of the contract, identified by the County as Section 07-00096-00-RP, at no cost to Plano and Yorkville. 3.The County will acquire necessary rights-of-way for the project, identified as Section 07-00096-00-RP, at no cost to Plano and Yorkville. Plano and Yorkville shall be responsible for acquiring rights of way for future improvements as set forth in paragraph 11 below. 4.As lead agency, the County will cause the reconstruction of Eldamain Road to be completed in a timely manner, and will make payment(s) to those performing the work in accordance with the contract documents. 5.The parties mutually agree that the estimated cost to improve Eldamain Road is $6.3 million. Said costs shall be divided and assessed equally between the County, Plano and Yorkville, with the municipal shares being assessed per lineal foot of frontage along Eldamain Road. It is the understanding of all parties hereto that the Municipal Corporations, Plano and Yorkville, will not be responsible to directly pay said fees, but shall collect fees pursuant to recapture agreements as permitted by law in any applicable annexation agreement from future municipal developments, and upon receipt of such fees from developers shall turn over those fees to the County as a recapture of costs for construction of the roadway. 6.The City of Plano and the United City of Yorkville have heretofore entered into a Boundary Agreement between the United City of Yorkville, Illinois, and the City of Plano, Illinois, a copy of which has heretofore been filed for record in the Office of the Recorder of Deeds of Kendall County as Document Number 200100005727 and Document Number 200500008114. Said Agreement between the cities provides, at Paragraph 7, for a cost sharing for future improvements to Eldamain Road. 7.Pursuant to the terms of Paragraph 7 of the Boundary Agreement, the City of Plano has already expended the sum of$3,400,000.00 for improvements to Eldamain Road. The obligation of the City of Plano to contribute further to the costs to improve Eldamain Road contemplated by the Agreement shall not occur until such time as the United City of Yorkville has contributed from recapture fees not less than 3,400,000.00 to the project as set forth in the following Paragraphs of this Agreement. 8.Based upon current estimates, the City of Plano's share of the costs of the project will be $2,100,000.00 (1/3rd of $6,300,000.00). Accordingly, based upon current estimates of cost, the contribution to be collected by the City of Plano will be in the sum of$400,000.00. 9.Based upon current estimates, the share of the cost to be recaptured by the United City of Yorkville shall be assessed at $336.59 per lineal foot of frontage on the East side of Eldamain Road (11,290.00 lineal feet) and that the share of the cost to be recaptured by the City of Plano shall be assessed at $34.85 per lineal foot along the West side of Eldamain Road (11,468 lineal feet) , and shall be paid to the County under the following terms. Plano agrees to make every reasonable effort to assess through recapture and collect not less than $34.85 per lineal foot and Yorkville agrees to make every reasonable effort to assess through recapture and collect not less than 336.59 per lineal foot from all developments in each respective community that have frontage on Eldamain Road between Menards Distribution Center and Galena Road, excluding those properties that have existing annexation agreements approved as of the date of the signing of this instrument. Collected fees shall be paid to the County not more than 180 days after recording of the final plat for any and all municipal developments that have frontage on Eldamain Road. 10. Upon completion of the improvements and the finalization of the computation of the costs of the project, the parties agree to execute an Amendment to this Agreement incorporating the final "AS BUILT" costs and adjusting, based upon final "AS BUILT" costs, the allocations set forth above. 11. In order to accommodate future multi-lane improvements, Plano and Yorkville also agree to use their best efforts to acquire from all future developed properties with frontage along Eldamain Road and to grant to the County of Kendall, at no costs to the Cities, not less than 60' nor more than 75' of road right-of-way, measured from the centerline of Eldamain Road to the right-of-way line, along the entire frontage of all developed properties that have frontage along Eldamain Road, at the time of annexation or platting of said developing properties. The exact width of right-of-way required shall be designated by the County Engineer of Kendall County. 12. In the event federal stimulus funds, or any other federal or state grant funds are allocated for the reconstruction of Eldamain Road, Section 07-00096-00-RP, the municipal share of recapture costs, identified above, shall be reduced proportionally for both Plano and Yorkville. Specifically, recapture costs per lineal foot shall be reduced to equal the following: Yorkville: [1 - Grant Funds / $6.3 million] x 336.59; Plano: [1 - Grant Funds/ $6.3 million] x $34.85. 13. This Agreement is executed in triplicate and each party shall retain one completely executed copy, each of which is deemed an original. 14. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral. This Agreement supersedes any prior written or oral agreements between the parties and may not be modified except in writing acknowledged by all parties. 15. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this agreement is invalid or unenforceable, but that by limiting such provision it becomes valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 16. This agreement shall be in full force and effect for a period of 20 years from the date of execution of the agreement. 17. This Agreement may be terminated only by mutual consent of all of the parties acknowledged in writing. IN WITNESS WHEREOF, the parties mutually agree to the terms and conditions contained herein. FOR THE COUNTY ATTEST NAME John Purcell Debbie Gillette TITLE Co;fej Board Chair County C erk rSIGNATUREjIr DATE l t 1 v FOR THE CITY OF PLANO ATTEST NAME Robert Hausler Deanna Brown TITLE Mayor of4,4, Plano City Clerk SIGNATURE Wit/it- i-IC/L&.4.4-41-1,251--• DATE vC - 1// 3-2 FOR THE CITY OF YORKVILLE ATTEST NAME Valerie Burd Jacquelyn Milschewski TITLE Mayor of Yorkville City Clerk SIGNATURE i L QJJ L) ((/I DATE Q. A) ti Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2024-93 Meeting Schedule for 2025 City Council – December 10, 2024 Majority Approval Proposed meeting dates for 2025. Jori Behland Administration Name Department Summary Proposed 2025 meeting schedule. Meeting Schedule for 2025 For 2025, if the City Council would like to continue meeting at 7:00 p.m. on the second and fourth Tuesdays of each month, with one meeting in December on the second Tuesday, the tentative meeting dates would be as follows:  January 14 & 28, 2025  February 11 & 25, 2025  March 11 & 25, 2025  April 8 & 22, 2025  May 13 & 27, 2025  June 10 & 24, 2025  July 8 & 22, 2025  August 12 & 26 2025  September 9 & 23, 2025  October 14 & 28, 2025  November 10* (Monday, due to Veterans Day) & 25, 2025  December 9, 2025 Recommendation Staff recommends approval of a meeting schedule for 2025. Memorandum To: Mayor and City Council From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: December 3, 2024 Subject: Meeting Schedule for 2025 Page 1 of 3 2025 MEETING SCHEDULE This meeting schedule is subject to revision. Upon revision, all entities that have lodged a request for the meeting schedule will be sent the updated/revised schedule. City Council Meeting 2nd & 4th Tuesday – 7:00 pm at 651 Prairie Pointe Dr. – Council Chambers Room #340 January 14 & 28 July 8 & 22 February 11 & 25 August 12 & 26 March 11 & 25 September 9 & 23 April 8 & 22 October 14 & 28 May 13 & 27 November 10* (Monday, due to Veterans Day) & 25 June 10 & 24 December 9 Administration Committee 3rd Wednesday – 6:00 pm at 651 Prairie Pointe Dr. – East Conference Room #337 January 15 July 16 February 19 August 20 March 19 September 17 April 16 October 15 May 21 November 19 June 18 December 17 Economic Development Committee 1st Tuesday – 6:00 pm at 651 Prairie Pointe Dr. – East Conference Room #337 January 7 July 1 February 4 August 5 March 4 September 2 April 2* (Wednesday, due to the election) October 7 May 6 November 4 June 3 December 2 United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us DRAFT Page 2 of 3 Public Safety Committee 1st Thursday bi-monthly – 6:00 pm at 651 Prairie Pointe Dr. – East Conference Room #337 January 2 July 3 March 6 September 4 May 1 November 6 Public Works Committee 3rd Tuesday – 6:00 pm at 651 Prairie Pointe Dr. – East Conference Room #337 January 21 July 15 February 18 August 19 March 18 September 16 April 15 October 21 May 20 November 18 June 17 December 16 Fire and Police Commission Quarterly, 3rd Tuesday - 6:00 pm at 651 Prairie Pointe Dr. – West Conference Room #335 January 21 July 15 April 15 October 21 Library Board Meeting 2nd Monday - 7:00 pm at Library January 13 July 14 February 10 August 11 March 10 September 8 April 14 October 13 May 12 November 10 June 9 December 8 Park Board 3rd Thursday bi-monthly – 6:00 pm at 651 Prairie Pointe Dr. – East Conference Room #337 January 16 July 17 March 20 September 18 May 15 November 20 Page 3 of 3 Planning and Zoning Commission 2nd Wednesday - 7:00 pm at 651 Prairie Pointe Dr. – Council Chambers Room #340 January 8 July 9 February 12 August 13 March 12 September 10 April 9 October 8 May 14 November 12 June 11 December 10 Police Pension Fund Board Quarterly, 2nd Tuesday - 5:00 pm at 651 Prairie Pointe Dr. – West Conference Room #335 February 11 August 12 May 20* (3rd Tuesday) November 18* (3rd Tuesday Due to Veterans Day) 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 2024-94 Library Board Appointment – Sharon Mix City Council – December 10, 2024 Majority Approval Mayor John Purcell Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2024-95 Kendall Area Transit Service Agreement – Demand-Response Transportation City Council – December 10, 2024 Majority Approval See attached memo. Erin Willrett Administration Name Department Summary Consideration of a request from Kendall County to approve a Service Agreement between Kendall County and the United City of Yorkville for the Provision of Demand- Response Transportation. Background This item was last discussed by the City Council at the October 22, 2024, meeting, when Kendall Area Transit (KAT) when the Council approved additional contributions by resolution. The County has requested the Council approve the attached service agreement to memorialize the contribution amounts through FY 27. The Council previously approved an increase in the annual contribution to around $32,000 in 2025, and then two successive ~$8,000 increases through 2027. The County is trying to maintain consistency with the agreements for all municipalities that are contributing. The agreement is generally in line with the commitments the City has already made to KAT. Recommendation Staff recommends approval of the request for the Service Agreement between Kendall County and the United City of Yorkville for the Provision of Demand-Response Transportation. Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: December 10, 2024 Subject: Service Agreement between Kendall County and Yorkville for Demand-Response Transportation Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SERVICE AGREEMENT BETWEEN KENDALL COUNTY AND THE UNITED CITY OF YORKVILLE FOR THE PROVISION OF DEMAND- RESPONSE TRANSPORTATION WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) approved annual payment toward the development and operation of a Kendall Area Transit Project (the “Project”) by resolution on March 24, 2009; and WHEREAS, the dollar amount of the City’s annual contribution toward the Project has not increased since the annual contribution was first approved in 2009; and WHEREAS, residents of the City rely on the Project for transportation; and WHEREAS, the cost of the Project has outpaced the funding provided for the Project, causing requests for service to go unserved daily due to a lack of drivers and vehicles for the Project; and WHEREAS, the Project’s operators have requested additional funds from the City so that service needs may be met and matching funds from the state and federal government may be captured; and WHEREAS, the Corporate Authorities recognize the value of the Project to residents and wish to ensure the Project is capable of meeting the needs of the City’s residents; and WHEREAS, Resolution 2024-50, approved by the Corporate Authorities on October 22, 2024, set forth increased annual contributions by the City for the Project; and WHEREAS, the City and Kendall County desire to enter into an agreement memorializing the City’s annual contributions to the Project and the services provided to the City’s residents through the Project, substantially in the form attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED 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 Service Agreement between Kendall County and United City of Yorkville for the Provision of Demand-Response Transportation, attached hereto and made a part hereof by reference, is hereby approved. Resolution No. 2024-____ Page 2 Section 3. This Resolution 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 Service Agreement between Kendall County and United City of Yorkville for the Provision of Demand-Response Transportation WHEREAS, this Service Agreement, hereinafter referred to as the “Agreement,” is made by and between Kendall County, Illinois, hereinafter referred to as the “County,” and United City of Yorkville hereinafter referred to as “United City of Yorkville”; and WHEREAS, it is the mutual concern of the parties hereto that the transportation services provided hereunder be of high professional quality; and WHEREAS, the County agrees to provide community and public transportation services in Kendall County (hereinafter referred to as the “Service Area”). WITNESSETH For and in consideration of the mutual covenants, and benefits hereinafter set forth, the County and United City of Yorkville agree as follows: Section A. Effective Date, Service Area, Term, Termination 1. Effective Date. This Agreement shall be effective January 1st, 2025, upon execution by County and United City of Yorkville. The County hereby agrees to operate a demand-response transit system commonly known as Kendall Area Transit, hereinafter referred to as “KAT”. 2. Service Area. United City of Yorkville authorizes the County to provide community and public transportation services within the limits of United City of Yorkville hereinafter referred to as “Service Area.” 3. Term; Termination. a. This Agreement shall remain in effect until December 31st, 2027. However, this Agreement may be terminated before December 31st, 2027, if United City of Yorkville provides sixty (60) days advance written notice to the County of its intent to terminate this Agreement. b. The County shall have the right to terminate this Agreement before December 31st, 2027 upon giving sixty (60) days written notice to United City of Yorkville. c. This Agreement may, if agreed to in writing by all parties prior to termination date, be extended by an additional two-year term. Any such extensions shall be executed by all parties no later than thirty (30) days prior to the termination date. Section B. Description of Service 1. The County shall provide demand-response (dial-a-ride, paratransit) transportation service to the residents of United City of Yorkville in the same manner provided to residents of other communities within the County of Kendall that annually contribute funding towards the KAT program. 2. Dial-a-ride Service. KAT is the community and public transportation program of Kendall County. KAT transportation services are generally known as demand-response, also known as dial-a-ride and paratransit. KAT is operated for the general public, with special emphasis on service for senior citizens and persons with disabilities. KAT is administered by the County of Kendall. KAT demand-response service is available Monday through Friday from 6:00 a.m. to 7:00 p.m., except holidays. Fares range from $2-$5 for a one-way trip. All rides are pre-arranged by calling the KAT dispatch center, and all rides are based on vehicle space and availability. Service will be provided to Kendall County locations, with designated out-of-county locations, restricted mostly to medical, social services, and educational facilities. All fares and routes are subject to change at KAT’s sole discretion. 3. Changes to Service. The County reserves the right to adjust the demand-response transportation services provided under the terms of this Agreement. Where appropriate, the County will consider input provided by United City of Yorkville before implementing changes. However, both parties understand and agree that the County reserves final decision-making authority regarding adjustments in the dial-a-ride transportation service. Section C. General Requirements 1. Personnel. The County shall employ and furnish such personnel as shall be reasonably required for the efficient and economical operation of the transit system for United City of Yorkville residents. The County agrees that all services to be undertaken by the County shall be carried out by competent and properly trained personnel. The United City of Yorkville understands and agrees that the County may contract with an outside vendor to operate the KAT system. 2. Operation. The County shall operate the transportation system for United City of Yorkville residents on the days, during the hours and over the routes with such scheduling, and at such fares as in accordance with Section B of this Agreement. Section D. Payment 1. Beginning January 1st, 2025, United City of Yorkville will provide $31,874 in Fiscal Year 2025, $40,198 in Fiscal Year 2026, and $48,521 in Fiscal Year 2027 to the County in bi- annual payments. This compensation will be used as local match funding for various State and Federal transportation grants. Issuance of payment will adhere to the following schedule: a. Fiscal Year 2025: $31,874  Due May 15th, 2025: $15,937  Due November 15th, 2025: $15,937 b. Fiscal Year 2026: $40,198  Due May 15th, 2026: $20,099  Due November 15th, 2026: $20,099 c. Fiscal Year 2027: $48,521  Due May 15th, 2027: $24,260.50  Due November 15th, 2027: $24,260.50 2. Payment shall be remitted to Kendall County’s address: Kendall Area Transit 111 West Fox Street, Yorkville, IL 60560 3. In the event the Agreement is terminated as described in Section A.3, United City of Yorkville will reimburse all expenses incurred by the County in the provision of services, including any eligible expenses that may be incurred after the termination date. Section E. Notices 1. Any notices directed to the County shall be sent to: Kendall County Administration c.c. Kendall County State’s Attorney Yorkville, IL 60560 807 John Street Fax (630) 553-4171 Yorkville, IL 60560 fax (630) 553-4204 Section F. Miscellaneous 1. Grant Funds. Compensation under this Agreement is considered funding of last resort and is not intended to replace other State and Federal program obligations. 2. Force Majeure. The County shall not be liable for any failure, delay or interruption of service nor for failure or delay in performance of any obligations under this Agreement due to strikes, lockouts, acts of God, governmental restrictions, enemy action, civil commotion, unavoidable casualty, unavailability of fuel supplies or parts, and any similar acts beyond the control of the County. 3. Modifications. No modification, additions, or deletion of this Agreement shall be effective unless and until such changes are approved in writing by all parties to the Agreement. 4. Non-Discrimination. United City of Yorkville its officers, employees, subcontractors, and agents agree not to commit unlawful discrimination/ unlawful harassment and further agree to comply with all applicable provisions of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Section 504 of the Federal Rehabilitation Act, the Illinois Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq., as amended, the Equal Pay Act of 2003, as amended, and all applicable rules and regulations. United City of Yorkville its officers, employees, subcontractors, and agents shall maintain a written sexual harassment policy that complies with the requirements of 775 ILCS 5/2- 105 and shall comply with all fair employment practices and equal employment opportunity/affirmative action requirements set forth in applicable state and federal laws and regulations. The United City of Yorkville shall comply with any applicable reporting requirements of Section 11 of the Equal Pay Act of 2003. 5. Choice of Law and Venue. This Agreement shall be construed in accordance with the law and Constitution of the State of Illinois and, if any provision is invalid for any reason, such invalidations shall not render invalid other provisions which can be given effect without the invalid provision. The parties agree that the venue for any legal proceedings between them shall be the Circuit Court of Kendall County, Illinois, Twenty-Third Judicial Circuit, State of Illinois. Entire Agreement. The Agreement and any addenda constitute the entire agreement between United City of Yorkville and the County. If any provision of the Agreement is in conflict with the laws of the State of Illinois or the United States of America, said provision shall be considered invalid and the remaining provisions shall remain in force. This Agreement supersedes all prior agreements and understandings, whether written, or oral, between United City of Yorkville and the County with respect to the subject matter hereof. IN WITNESS WHEREOF, the said County has approved this Agreement and authorized it to be signed, sealed, and attested by the County Clerk and said United City of Yorkville has approved the Agreement and authorized to be signed by _________________________ and to be sealed and attested to by ______________ on this __________ day of _______________, 2024. KENDALL COUNTY United City of Yorkville BY: _____________________________ BY: ______________________________ WITNESS: _______________________ ATTEST: __________________________   Resolution No. 2024-50 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INCREASE IN FUNDING FOR THE KENDALL AREA TRANSIT PROJECT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non -home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Mayor and City Counsel (the "Corporate Authorities") approved annual payment toward the development and operation of a Kendall Area Transit Project (the "Project") by resolution on March 24, 2009; and WHEREAS, the dollar amount of the City's annual contribution toward the Project has not increased since the annual contribution was first approved in 2009; and WHEREAS, residents of the City rely on the Project for transportation; and WHEREAS, the cost of the Project has outpaced the funding provided for the Project, causing requests for service to go unnerved daily due to a lack of drivers and vehicles for the Project; and WHEREAS, the Project's operators have requested additional funds from the City so that service needs may be met and matching funds from the state and federal government may be captured; and WHEREAS, the Corporate Authorities recognize the value of the Project to residents and wish to ensure the Project is capable of meeting the needs of the City's residents; and WHEREAS, the City therefore desires to provide additional funding toward the Project as authorized by this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United - City of Yorkville, Kendall County, Illinois as follows: Section 1. The United City of Yorkville's annual contribution amount for the fiscal year 2025 shall be $31,874. Section 2. The United City of Yorkville's annual contribution amount for the fiscal year 2026 shall be $40,198, Section 3. The United City of Yorkville's annual contribution amount beginning in fiscal year 2027 shall be $48,521. Resolution No. 2024-50 Page 1 Section 4. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 22" d day of October, A.D. 2024. Y 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 3q day of (-ei , A.D. 2024, Attest: 91_ t CLERK Resolution No. 2024-50 Page 2 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 Publishing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2024-96 Public Works Badger Street Building Lease City Council – December 10, 2024 Supermajority (6 out of 9) Approval Proposed lease of a building to store Public Works vehicles and equipment until the building is completed. Eric Dhuse Public Works Name Department Summary Staff is proposing to lease a building in the Fox Industrial Park, located at 1203 Badger St., unit B, for the purposes of storing trucks and equipment. Background With our new facility not scheduled to be completed until Summer of 2026, we find ourselves completely out of space at the PW shop on Tower Lane. The reason that we are out of space is that we are now funding vehicle and equipment replacement and additions per our plan. At this time, we have 6 large trucks on order, 5 of which we are expecting yet this year. In addition to the 6 on order, we have already taken possession of 1 large dump truck, a bucket truck, and our new Trackless Utility Tractor with attachments. With a shop that was already full, we are now overflowing and need some additional space to store our equipment. With winter rapidly approaching, we need all the space in the shop for our plow trucks. When we are in winter operations mode, we need to be able to count on our fleet to start and work properly throughout the entire winter. Leaving them outside for extended periods of time, or the entire winter, greatly reduces the likeliness of reliability. Diesel fuel can gel up in the fuel lines, hydraulic oil gets so thick it doesn’t want to flow properly, and engine oil becomes too thick to start. Hydraulic pumps run the snowplow, spreader, and pump for the brine, so it is very important that the hydraulic system work correctly and be reliable. With the potential addition of 6 large plow trucks, we are going to need every square foot to have any hope of fitting them all inside at our Tower Lane site. We cannot fit all this equipment in our existing shop space. We have even gone so far as to purchase a garage door that we are going to install in our old salt shed to allow us to pull a truck in between the 2 garage doors that are already there. This will allow us to pull one more truck inside and out of the elements. This still leaves the storage for many of the trucks in limbo. If we don’t lease space for some of our specialty vehicles, our plow trucks will have to sit out all winter because the specialty vehicles cannot. Our thought is to lease space that is accessible for us in case of emergency to store our Vac truck, street sweeper, combination backhoe, bucket truck, ditch mowing tractor, and seal coat machine small bucket truck, and any attachments for the trackless that we can fit in the unit. The unit is a 2500 sf building in the Fox Industrial Park, on Badger St. The unit has 2 overhead doors for easy access and is heated. Storing this equipment through the winter in a heated area is imperative for the mechanical soundness of the equipment and for operations. Currently, these vehicles are all stored inside with exception of the ditch mowing tractor. We would rather it be stored inside, but there simply isn’t room. The other equipment mentioned above needs to be stored inside to work properly and not cause potentially serious damage to the equipment. Memorandum To: Bart Olson, City Administrator From: Eric Dhuse, Director of Public Works CC: Date: November 14, 2024 Subject: PW Truck Storage Lease Proposal If we lease this space, I will propose that we split the $2500 monthly cost between the Sewer, Water, and Street departments. Although not specifically budgeted, it would cost each department ~$4,200 thru May 1, which can easily be absorbed within existing departmental budgets. Lease payments would be charged to the Rental & Lease Purchase line item within each department. I would estimate that we would end up leasing the building until July of 2026 when we will be able to move all equipment to the new facility. 14 months at $2500 per month is a total of $35,000. If you split that between 3 departments, it comes out to roughly $11,666 per department for the 14 months of storage. I believe this is a reasonable cost and a necessity to have our equipment, that we have spent millions of dollars on, function properly and be ready to work when we need them. Recommendation I recommend that we lease the space located at 1203 B Badger St. for 1 year, starting on December 11, 2024, and ending on December 11, 2025. After this time, we would lease from the owner on a month-to-month basis until such time as our facility is completed. Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE APPROVING A LEASE AGREEMENT FOR CERTAIN REAL ESTATE IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the Laws of the State; and WHEREAS, The Illinois Municipal Code, at 65 ILCS 5/11-76-1-1 provides, in part, that the corporate authorities of the City have the power by ordinance adopted by an affirmative vote of two-thirds of the elected corporate authorities then holding office to lease real property for a term not to exceed twenty years; and WHEREAS, the City is in the process of building a new public works facility which will not be completed until the Summer of 2026; and WHEREAS, the City’s current facilities for public works vehicle and equipment storage are at capacity and therefore the City has equipment and vehicles that will need to be stored outside, resulting in decreased useful life of said equipment and vehicles; and WHEREAS, a building is available in Fox Industrial Park, at 1203 Badger Street, unit B (the “Facility”), which the City can lease for the purpose of storing vehicles and equipment, as provided in the Commercial Lease attached hereto as Exhibit A; and WHEREAS, the price to lease the Facility would be $35,000 for a 14 month period, or $2,500 per month; and WHEREAS, the City’s public works department recommends renting the Facility to store vehicles and equipment until the new public works facility is complete, with a one year lease December 11, 2024 – December 11, 2025, and a month-to-month lease thereafter until the new public works facility is complete. Ordinance No. 2024-____ Page 2 THEREFORE, BE IT ORDAINED by the City Council of the United City 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 Commercial Lease attached hereto is hereby approved. Section 3. That the Mayor and City Clerk are directed to execute and attest to said Lease Agreement and do all that is necessary to consummate said Lease Agreement. Section 4. That all ordinances and parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed to the extent of any such conflict or inconsistency. Section 5. That if any part or portion of this ordinance shall be declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect the remainder of this ordinance. Section 6. That this ordinance shall be in full force and effect from and after its passage and approval. [Remainder of Page Intentionally Left Blank. Roll Call Vote to Follow.] Ordinance No. 2024-____ Page 3 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 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2024-97 Special Census Update – Cost Estimate – Memorandum of Understanding City Council – December 10, 2024 Supermajority (6 out of 9) Approval Please see the attached memo. Erin Willrett Administration Name Department Summary Special Census cost estimate results and recommendation to approve the Memorandum of Agreement with the Census Bureau and subsequent budget amendment. Background In June City staff submitted a cost estimate for a partial special census. As you may recall, we decided to pursue this as an option because we have over 1,500 new residential permits since the completion of the 2020 decennial census and officially documenting this increase in population will increase our share of Illinois income tax, use tax, and motor fuel tax. At that time, staff submitted the partial special census cost estimate. The Census Bureau returned our estimate and let us know they no longer do partial census unless the entire census tract is within city limits. Unfortunately, Yorkville does not have any census tracts that are entirely within city limits. Staff revised the request to a Special Census request and the Census Bureau provided a cost estimate. Cost Estimate and Projected Additional Revenue The U.S. Census Bureau has provided a cost estimate, valid through February of $899,950. The entirety is paid directly to the Census Bureau in advance. Additional billing or refunds will be made when the special census concludes. The City is responsible for providing office space and equipment (laptops, desktops, monitors, printers, and bar code scanners). We must also provide outreach to the community. The City has a total estimated population of 25,732. Of the total estimated population, we anticipate approximately 4,200 new residents. Keep in mind this number is estimated as of the middle of October. With the single family detached and attached permits continuously being issued, this number has more than likely already increased, and we expect it to continue. With this assumption, the increase in population would be ~4,200 people if each household (1,500 new residential permits since 2020) has the average of 2.85 people as indicated in the 2020 census. This would result in an additional $1,050,000 in shared tax revenue per year (4,200 x $250). Approximate Timeline • City Council Approval: December 10, 2024 Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: December 10, 2024 Subject: Special Census Update- Cost Estimate o Seek authorization to execute Memorandum of Agreement with the U.S. Census Bureau on December 10th City Council Meeting • Special Census Preparation o Preparatory work – 5 months o Enumeration – 2 months – (1st month self-response online) (2nd month door to door; Special Census Day July 1, 2025) o Data processing – 3 months • State of Illinois Review & Allocation o Illinois Secretary of State, Index Department Certification o Illinois Department of Revenue, Local Tax Allocation Division • Receive First Payment (reflecting estimated population increase): TENTATIVE January 2026 Included Attachments for Reference • Cost Estimate Request Form • U.S. Census Bureau Cost Estimate • Memorandum of Agreement • Budget Amendment Recommendation Staff recommends that we move forward with the Special Census and approve the Memorandum of Agreement with the Census Bureau. We anticipate additional revenues of approximately $1,050,000 that would not otherwise be realized. With the cost estimate of $899,950, it results in a net gain of $150,050. Staff also recommends the budget amendment for the cost estimate amount of $899,950 to initiate the Special Census process. Census - General To the City of Yorkville, IL: Thank you for meeting with the Special Census Program to discuss your special census cost estimate. We look forward to working with you on your special census. Attached are the slides we presented during our meeting. Our Sponsor Guide also contains detailed information on the requirements of the sponsoring government. Lastly, we have attached a draft version of the Memorandum of Agreement, per your request. After further discussion, we have determined that we can accommodate a Special Census Day starting on June 1 or any date afterwards. Once we have a date confirmed for your Special Census Day, our office will finalize the MOA and send you a version for your highest elected official to sign. We will then begin preparations for your special census once we receive the advance payment in the amount of $899,950. Instructions for the transfer of funds will be provided. Feel free to contact our office if you have any additional questions. Thank you! -- Michael Gregorio Special Census Management Team Decennial Program Management Office dcmd.special.census@census.gov Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE DECENNIAL CENSUS MANAGEMENT DIVISION OF THE U.S. CENSUS BUREAU WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, a decennial census was conducted by the Decennial Census Management Division of the U.S. Census Bureau (the “Bureau”) in the year 2020 (the “2020 Census”); and WHEREAS, there has been a notable increase in the amount of housing built within the corporate boundaries of the City since the 2020 Census was conducted; and WHEREAS, the Bureau can conduct a Special Census of the City’s residents (the “Special Census”) at the City’s request, for the purpose of capturing any increase in population since the 2020 Census was conducted, thereby increasing the City’s share of Illinois income tax, use tax, and motor fuel tax revenues; and WHEREAS, the Bureau estimates a cost of $899,950 to conduct the Special Census, said cost to be paid directly to the Census Bureau in advance of the Bureau conducting the City’s Special Census; and WHEREAS, the Bureau would be able to conduct the Special Census beginning as early as June 1, 2025; and WHEREAS, the Bureau has provided a Memorandum of Agreement for the City’s purchase of a Special Census from the U.S. Census Bureau (the “Agreement”), attached hereto as Exhibit A; and WHEREAS, City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute a Memorandum of Agreement Through Which the United City of Yorkville, IL Is Purchasing a Resolution No. 2024-____ Page 2 Special Census From the U.S. Census Bureau, attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to 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 Memorandum of Agreement Through Which The United City of Yorkville, IL Is Purchasing a Special Census From the U.S. Census Bureau Agreement No. 0071-FY25-REI-34156-000 1) Parties and Scope This document establishes an agreement between the United City of Yorkville, Illinois (Governmental Unit) and the Decennial Census Management Division, U.S. Census Bureau, through which the Governmental Unit will pay the Census Bureau to take a special census under the authority of 13 United States Code (U.S.C.) § 196. 2) Authority The Census Bureau may undertake this work pursuant to 13 U.S.C. § 196, which provides that the “Secretary may conduct special censuses for the government of any State, or of any county, city, or other political subdivision within a State, for the government of the District of Columbia, and for the government of any possession or area (including political subdivisions thereof) referred to in Section 191(a) of this title, on subjects covered by the censuses provided for in this title, upon payment to the Secretary of the actual or estimated cost of each such special census. The results of each such special census shall be designated ‘Official Census Statistics.’ These statistics may be used in the manner provided by applicable law.” 3) Cost Estimate The Governmental Unit is responsible for all costs of taking the special census including, but not limited to, appropriately furnished office quarters, total compensation of all field enumeration and supervisory personnel, compensation of Census Bureau headquarters and regional office personnel for time allocated to the special census, overhead for headquarters and regional offices, processing and tabulation of data, and all other costs attributable to taking the special census. Based on the following factors the estimated cost for these services is $899,950: • Governmental Unit-provided estimated population of 28,625, • Governmental Unit -provided estimated housing unit count of 10,000, • and Governmental Unit -provided characteristics of the area(s) in which the special census will be conducted (including but not limited to geographic size, count of potential group quarters and transitory locations, and potential recent annexations). A payment of that amount shall be furnished to the Census Bureau before any work on the special census is performed. The advance payment will be adjusted to actual costs and additional billing or refunds will be made as appropriate. 2 On a periodic basis, the parties will reconcile balances related to revenue and expenses for work performed under the agreement. a) The Census Bureau shall directly pay field representatives, field supervisors, and other temporary personnel hired locally to conduct the actual enumeration, at rates of pay fixed by the Census Bureau and based on the local area pay rates. i) The Government Unit shall provide advance payment to the Census Bureau and/or United States for all funds to be expended by the Census Bureau resulting from payments to the Department of Labor under applicable federal workers’ compensation and unemployment benefits laws. b) In addition to the salary expenses to be paid directly by the Census Bureau to all temporary employees hired locally, the Governmental Unit agrees to provide advance payment for all other expenses related to the taking of the special census, including but not limited to: i) administrative and technical work performed by headquarters and regional personnel; ii) printing and preparation of enumeration questionnaires and related materials; iii) map preparation; iv) tabulation expenses; v) the cost of the designated Census Bureau employee’s salary, allowances for subsistence at the standard federal rate per day, traveling expenses, other reasonable and necessary expenses, overhead and other charges applicable to these costs; and vi) other incidental expenses incurred by the Census Bureau in completing the special census. In accordance with (3)(b) if actual cost exceeds the advance payment, the additional payment to the Census Bureau is due in full, 30 days from the date of the invoice. 4) Terms and Conditions Acknowledging the foregoing, the parties agree as follows: a) The Census Bureau will receive reimbursement for all identifiable costs for the goods and services it is providing under this agreement: i) The Census Bureau employee(s) shall oversee all aspects of the enumeration including the hiring, training, and separation of field representatives, field supervisors, and other temporary personnel employed locally to take the special census. The designated Census Bureau employee(s) shall exercise day-to-day technical supervision of these employees. All such temporary personnel shall be Federal Government employees and neither the Governmental Unit nor any representative of the Governmental Unit shall supervise, exercise control over, or in any other way interfere with such employees in the performance of their responsibilities. 3 ii) The Governmental Unit shall update maps of the proposed special census area in accordance with instructions provided by the Census Bureau. The Governmental Unit shall provide any certification of legal boundaries within the proposed special census area as required by the Census Bureau. Once the Governmental Unit boundaries have been certified by the Census Bureau, these boundaries will become the official boundaries for the special census. Additionally, any annexations after the Governmental Unit has certified its boundaries will not be included in the special census. The special census will not be scheduled until these obligations have been completed to the satisfaction of the Census Bureau. iii) The Census Bureau shall provide to the Governmental Unit the official population and housing unit count derived from the special census at the earliest practicable date after completion of the enumeration and the processing required to produce the statistical results, including but not limited to disclosure avoidance review (see Section 6). This count, which shall be as of the special census reference date (tentatively scheduled for July 1, 2025), will be provided in writing and signed by an appropriate Census Bureau official. iv) The Census Bureau will not guarantee delivery of the final count by any specified date and shall not be held responsible for any loss or damages suffered by the Governmental Unit due to the data not being available by a specific date. b) The Governmental Unit accepts that responses to a special census, unlike a decennial census, are voluntary and some respondents may choose to not answer some questions. When this happens, the Census Bureau will make every effort to collect as much information as possible. If the Census Bureau cannot obtain information directly from respondents, the Census Bureau will follow statistical procedures to assign the missing information based on information provided by people in the housing unit or from people from neighboring housing units. The Governmental Unit also accepts that, to complete the count of the group quarters population, it may be necessary for the Census Bureau to obtain information for people residing in certain institutions (such as correctional facilities with security issues) from administrative records rather than from the respondents themselves. The Census Bureau will provide detailed statistical results to the Governmental Unit subject to limitations imposed by Title 13 United States Code to protect the confidentiality of respondents. Further, the Governmental Units accepts that Domestic Violence Shelters are out of scope for the special census and will not be included in any special census enumeration. c) The Census Bureau can only use the special census counts in the intercensal population estimates program if: i.) the entire area of a governmental unit is included in the special census, and 4 ii.) the legal boundaries of the governmental unit correspond to those used in the Population Estimates program (boundaries legally in effect on January 1 of the estimates year), and iii.) the boundaries are reported to the Census Bureau for processing by March 1 of the estimates year, and iv.) final approved counts from the special census enumeration are ready by August 1 of the estimates year. If a Governmental Unit requests a partial special census, they do so with the understanding that the results of this partial special census will not be included in any subsequent Census Bureau population estimates. d) A Governmental Unit can request a special census for the entire area encompassed by that Governmental Unit, known as a full special census, or for only a portion of their area, known as a partial special census. A partial special census is conducted using the same methodologies and procedures as a full special census, but it is for a subset of areas within the jurisdiction of the local Governmental Unit. The areas requested in a partial special census must contain at least one full census tract that is completely within the jurisdiction of the Governmental Unit and can contain additional contiguous tracts or census blocks that are within the jurisdiction of the Governmental Unit. In addition to impacting cost, the geography included in the special census may impact which data products the Governmental Units receive based on disclosure avoidance considerations. Regardless of the scope of the special census, the Governmental Unit will receive a letter from the director of the U.S. Census Bureau and a block-level special census data product that contains total population and total housing unit counts for the Governmental Unit. An additional data product may include a demographic profile for the entire governmental unit or whole tracts contained within the special census area. However, some Governmental Units may not receive the demographic profile based on the geography for which the special census is conducted. For those impacted Governmental Units, the Census Bureau will define the allowable data products that the Governmental Unit will receive prior to signing the MOA. The Governmental Unit shall accept as final the official population count and other statistical results when provided by the Census Bureau. e) Upon request the Governmental Unit shall supply – free of charge – satisfactory office space, other equipment, and furnishings as determined necessary and proper by the Census Bureau. This information will be included in an initial letter from the Regional Director to the Governmental Unit. These quarters must meet all security and confidentiality requirements as agreed to by the Census Bureau representative. f) In taking the special census, the Census Bureau is directly responsible for compensating all field personnel determined necessary by the Census Bureau for taking the special 5 census. The Census Bureau shall hire sufficiently qualified applicants for field representatives, field supervisors, and other positions as may be needed to complete the special census. Employees shall be selected for employment and separated under standards established by the Census Bureau, and shall take an oath or affirmation, as required, to protect the confidentiality of the information they collect. The Census Bureau shall be responsible for all administrative operations relating to the reconcilement and payment of these employees. Such field personnel shall be and remain employees of the Census Bureau, subject to all applicable federal, state, and local laws, including but not limited to those pertaining to the Equal Employment Opportunity Act and the Fair Labor Standards Act applicable to these employees, and shall complete and file any and all reports required thereunder. g) The Governmental Unit is responsible for promoting the special census through locally- based targeted outreach efforts. This promotion may inform people about the special census, encourage people to apply to recruiting efforts, and/or encourage people living in the applicable area to respond. h) All temporary staff hired to conduct the special census, including but not limited to field representatives and field supervisors, are employees of the Federal Government. Therefore, regarding the negligent or wrongful acts of any temporary employees arising from their employment pursuant to this MOA, any claims and/or litigation arising from said acts will be adjudicated pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. (see section (3)(a)(ii) herein regarding reimbursement and indemnification requirements). i) The Census Bureau has a policy of publicly disclosing the identity of governmental units which have signed MOUs requesting and paying for a special census to be conducted, and signature of this MOU constitutes agreement of the parties to this Census Bureau policy. 5) Confidentiality The data, including individual information collected by the enumerators on the special census questionnaires, collected under this agreement are confidential under 13 U.S.C. § 9. All such special census questionnaires and all other papers relating to the special census are the property of the Census Bureau and under the law may only be made available to and examined by sworn Census Bureau officials and employees. Unlawful disclosure subjects Census Bureau employees to a fine of up to $250,000 or imprisonment of up to 5 years, or both. Should the Governmental Unit require access to Title 13 data to assist in the planning, data collection, data analysis, or production of final products, those staff members are required to obtain Census Bureau Special Sworn Status pursuant to 13 U.S.C. § 23(c). Such staff members must demonstrate that they have suitable background clearance, and they must take 6 Title 13 awareness training. Any access to Title 13 data at the Governmental Unit’s facility is subject to prior approval by the Census Bureau’s Data Stewardship Executive Policy Committee upon assurance that the facility security and information technology security meet Census Bureau requirements. 6) Disclosure Avoidance Review of Statistical Products Title 13, Section 9 of the United States Code (U.S.C.) requires the Census Bureau to keep confidential the information collected from the public under the authority of Title 13. Section 214 of Title 13, U.S.C., and Sections 3551, 3559 and 3571 of Title 18, U.S.C., provide for the imposition of penalties of up to five years in prison and/or up to $250,000.00 in fines for wrongful disclosure of confidential census information. The confidentiality protections of Title 13 will apply to any data provided to the Census Bureau under the auspices of this agreement. These protections will also apply to any statistical product that may be developed as part of the work described by this agreement that is derived from data protected under Title 13, including, but not limited to, tabulations, extracts, or statistical analyses. Statistical products protected under Title 13 are prohibited from public access or release to the party(ies) of this agreement until they have undergone disclosure avoidance review by the Census Bureau’s Disclosure Review Board (DRB). Disclosure avoidance is the process for protecting the confidentiality of data, as required under Title 13 U.S.C. A disclosure of data occurs when someone can use published statistical information to identify an individual or establishment who has provided confidential information. Should the Census Bureau’s DRB determine that a statistical product does or reasonably could result in such disclosure, then the statistical product will be modified prior to approval for public access or release to the party(ies) of this Agreement. The Census Bureau uses disclosure avoidance procedures to modify or remove the characteristics that put confidential information at risk for disclosure. The techniques used by the Census Bureau to protect confidentiality in statistical products vary, depending on the type of data disclosure methods are defined by the Census Bureau. Statistical products that cannot be publicly released may still be analyzed by the party(ies) of this agreement within the Federal Statistical Research Data Centers (FSRDCs) by individuals who have Special Sworn Status (SSS); the results of such analyses must still go through a disclosure avoidance process prior to being publicly released. 7 7) Contacts Christopher M. Denno Special Census Program Manager Decennial Census Programs U.S. Census Bureau 4600 Silver Hill Road Suitland, MD 20746 Phone (301) 763-4092 Email: christopher.m.denno@census.gov Ms. Erin Willrett Assistant City Administrator 651 Prairie Pointe Drive Yorkville, IL 60560 Phone: (630) 553-7575 Email: ewillrett@yorkville.il.us The parties agree that if there is a change regarding the information in this section, the party making the change will notify the other party in writing of such change. 8) Duration of Agreement, Amendments, and Modifications This agreement will become effective when signed by all parties. The agreement will terminate on July 1, 2026, but may be amended at any time by mutual consent of the parties. Any party may terminate this agreement by providing 30 days’ written notice to the other party. This agreement is subject to the availability of funds. 9) Resolution of Disagreements Should a disagreement arise on the interpretation of the provisions of this agreement, or amendments, and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution. 10) Termination Cost If the United City of Yorkville, IL cancels the order, the Census Bureau is authorized to collect costs incurred prior to cancellation of the order plus any termination costs, up to the total payment amount provided for under this agreement. 8 FOR THE GOVERNMENTAL UNIT FOR THE CENSUS BUREAU BY: BY: _______________________________ _______________________________ NAME: Mr. John Purcell Deborah Stempowski DATE: DATE: TITLE: Mayor Associate Director for Decennial Census AGENCY: United City of Yorkville, IL Bureau of the Census Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE AUTHORIZING THE THIRD 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 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2024-10 on March 26, 2024 adopting an annual budget for the fiscal year commencing on May 1, 2024 and ending on April 30, 2025; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the General fund with respect to the United City of Yorkville’s 2024-2025 Budget are hereby approved. Section 2. This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No. 2024-____ Page 2 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 FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Actual Actual Actual Budget Budget Revenue Taxes 14,350,349$ 15,255,097$ 15,541,954$ 15,974,368$ 15,974,368$ Intergovernmental 5,630,190 5,916,027 4,679,896 4,839,133 4,839,133 Licenses & Permits 834,170 832,548 914,890 695,000 695,000 Fines & Forfeits 197,158 100,782 104,162 98,400 98,400 Charges for Service 1,902,362 2,067,245 2,213,396 2,243,973 2,243,973 Investment Earnings (33,857)288,828 713,609 350,000 350,000 Reimbursements 80,473 24,071 50,432 20,000 20,000 Miscellaneous 157,102 45,016 31,225 48,917 48,917 Other Financing Sources 21,231 - - - - Total Revenue 23,139,178$ 24,529,614$ 24,249,564$ 24,269,791$ 24,269,791$ Expenditures Salaries 5,341,401$ 5,686,617$ 6,095,231$ 6,978,481$ 6,978,481$ Benefits 3,293,296 3,443,027 3,553,135 3,930,229 3,930,229 Contractual Services 5,977,511 6,820,753 7,781,615 8,618,849 9,318,849 Supplies 275,185 319,849 319,592 375,120 375,120 Contingency - - - 75,000 75,000 Other Financing Uses 6,797,039 7,889,863 6,179,088 4,292,112 4,292,112 Total Expenditures 21,684,432$ 24,160,109$ 23,928,661$ 24,269,791$ 24,969,791$ Surplus (Deficit)1,454,746$ 369,505$ 320,903$ -$ (700,000)$ Ending Fund Balance 10,627,100$ 10,996,607$ 11,317,510$ 10,996,607$ 10,617,510$ 49.0%45.5%47.3%45.3%42.5% GENERAL FUND (01) $10,000 $10,500 $11,000 $11,500 ThousandsFund Balance 1 FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Actual Actual Actual Budget Budget Expenditures Salaries 4,703$ 7,220$ 9,302$ 10,000$ 10,000$ Benefits 428,782 452,258 470,275 529,777 529,777 Contractual Services 3,348,973 3,569,597 3,736,693 4,530,413 5,230,413 Supplies - 2,131 6,312 5,000 5,000 Contingency - - - 75,000 75,000 Other Financing Uses 6,797,039 7,889,863 6,179,088 4,292,112 4,292,112 Total Administrative Services Department 10,579,497$ 11,921,069$ 10,401,670$ 9,442,302$ 10,142,302$ ADMINISTRATIVE SERVICES DEPARTMENT $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 Thousands2 640 FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Account Actual Actual Actual Budget Budget 01-640-50-00-5092 POLICE SPECIAL DETAIL WAGES 4,703$ 7,220$ 9,302$ 10,000$ 10,000$ 01-640-52-00-5230 UNEMPLOYMENT INSURANCE 15,312$ 21,197$ 18,296$ 25,000$ 25,000$ 01-640-52-00-5231 LIABILITY INSURANCE 369,608 408,518 423,898 470,987 470,987 01-640-52-00-5240 RETIREES - GROUP HEALTH INSURANCE 41,950 22,464 27,946 33,790 33,790 01-640-52-00-5241 RETIREES - DENTAL INSURANCE 1,838 60 (43) - - 01-640-52-00-5242 RETIREES - VISION INSURANCE 74 19 178 - - 01-640-54-00-5418 PURCHASING SERVICES 37,114$ 11,065$ -$ -$ -$ 01-640-54-00-5423 IDOR ADMINISTRATION FEE 64,461 69,286 69,651 71,081 71,081 01-640-54-00-5427 GC HOUSING RENTAL ASSISTANCE 9,960 10,242 11,352 11,730 11,730 01-640-54-00-5428 UTILITY TAX REBATE 8,627 - - - - 01-640-54-00-5434 GIS CONSORTIUM SERVICES - - - 151,247 151,247 01-640-54-00-5439 AMUSEMENT TAX REBATE 25,564 32,836 15,751 - - 01-640-54-00-5449 KENCOM 194,516 240,925 216,754 244,649 244,649 01-640-54-00-5450 INFORMATION TECHNOLOGY SERVICES 173,138 288,383 318,985 475,000 475,000 01-640-54-00-5453 BUILDINGS & GROUNDS CHARGEBACK 86,745 154,526 218,320 266,358 266,358 01-640-54-00-5456 CORPORATE COUNSEL 60,657 109,642 149,717 135,000 135,000 01-640-54-00-5461 LITIGATION COUNSEL 61,263 46,992 111,933 75,000 75,000 01-640-54-00-5462 PROFESSIONAL SERVICES 34,761 33,273 34,003 38,500 38,500 01-640-54-00-5463 SPECIAL COUNSEL 12,391 8,554 6,818 30,000 30,000 01-640-54-00-5465 ENGINEERING SERVICES 410,303 399,880 349,629 425,000 425,000 01-640-54-00-5473 KENDALL AREA TRANSIT 35,325 23,550 23,550 27,201 27,201 01-640-54-00-5478 SPECIAL CENSUS - - - 200,000 900,000 01-640-54-00-5481 HOTEL TAX REBATE 124,574 137,264 140,288 153,000 153,000 01-640-54-00-5486 ECONOMIC DEVELOPMENT 167,135 172,820 176,205 189,368 189,368 01-640-54-00-5491 CITY PROPERTY TAX REBATE 1,328 1,370 1,501 1,576 1,576 01-640-54-00-5492 SALES TAX REBATE 1,155,467 1,038,657 1,093,188 1,215,000 1,215,000 01-640-54-00-5493 BUSINESS DISTRICT REBATE 536,698 582,036 575,072 595,703 595,703 01-640-54-00-5494 ADMISSIONS TAX REBATE 148,662 208,296 223,356 220,000 220,000 01-640-54-00-5499 BAD DEBT 284 - 620 5,000 5,000 5,230,413$ United City of Yorkville General Fund 3,736,693$ 4,530,413$ 10,000$ 529,777$ 10,000$ 9,302$ 529,777$ 470,275$ ADMINISTRATIVE SERVICES DEPARTMENT Description Benefits 7,220$ Salaries Total:Salaries 4,703$ Contractual Services Total:Contractual Services 3,348,973$ 3,569,597$ Total:Benefits 428,782$ 452,258$ 3 640 FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Account Actual Actual Actual Budget Budget United City of Yorkville General Fund ADMINISTRATIVE SERVICES DEPARTMENT Description 01-640-56-00-5625 REIMBURSABLE REPAIRS -$ 2,131$ 6,312$ 5,000$ 5,000$ 01-640-70-00-7799 CONTINGENCY -$ -$ -$ 75,000$ 75,000$ 01-640-99-00-9923 TRANSFER TO CITY-WIDE CAPITAL 1,091,989$ 2,902,227$ 1,843,512$ 449,642$ 449,642$ 01-640-99-00-9923 TRANSFER TO BUILDING & GROUNDS 3,324,556 803,877 799,779 387,344 387,344 01-640-99-00-9942 TRANSFER TO DEBT SERVICE 320,425 321,373 - - - 01-640-99-00-9952 TRANSFER TO SEWER 519,749 1,600,356 1,065,723 1,069,096 1,069,096 01-640-99-00-9979 TRANSFER TO PARK & RECREATION 1,515,511 2,232,541 2,440,844 2,357,728 2,357,728 01-640-99-00-9982 TRANSFER TO LIBRARY OPERATIONS 24,809 29,489 29,230 28,302 28,302 4,292,112$ Total: ADMINISTRATIVE SERVICES 6,312$ 5,000$ 4,292,112$ 10,142,302$ 5,000$ 10,579,497$ 11,921,069$ 10,401,670$ -$ 9,442,302$ Other Financing Uses 6,797,039$ 7,889,863$ Supplies Total:Other Financing Uses 6,179,088$ 2,131$ Total:Supplies -$ 75,000$ 75,000$ Contingency Total:Contingency -$ -$ 4 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 #6 Tracking Number CC 2024-98 Municipal Advisor & Bond Counsel Engagement Letters City Council – December 10, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of resolutions approving agreements with Speer Financial, Inc. for municipal advisor services and Croke Fairchild Duarte & Beres, LLP to serve as bond counsel for the proposed refunding of the 2014A (City-Wide Capital) and 2014 (Countryside TIF) bonds. The proposed 2025C bonds are intended to refund the 2014A bonds, originally issued to fund roadway improvements on Game Farm Road. Similarly, the proposed 2025D bonds aim to refinance the 2014 bonds, which had partially refunded the 2005 Countryside TIF bonds. Background Speer Financial, Inc., (www.speerfinancial.com) is a nationally recognized, employee-owned firm of municipal advisors, that works solely with governmental entities, specializing in debt issuance and related services. Speer has served as the City’s primary municipal advisor for over a decade, including Yorkville’s most recent bond issues in 2023 (water infrastructure improvements), 2022 (2011 bond refinancing/City Hall renovations) and 2021 (City Hall renovations). More recently, in February 2024, the City Council approved Speer as the financial advisor for a proposed loan issuance under the EPA’s WIFIA Program. This partnership continued in May 2024 when Speer was appointed financial advisor for the City’s upcoming bond issuances to fund the construction of a new Public Works and Parks Facility, along with water system improvements related to the DuPage Water Commission (DWC) and the Lake Michigan water sourcing project. As outlined in the attached engagement letter (Exhibit A, starting on page 4), Speer provides a comprehensive range of debt-related services. These include financial planning—such as debt service schedules, financing timelines, and coordination of financial strategies—and other services tailored to whether a bond is sold competitively or via negotiated sale. As specified on page 2 of the engagement letter, Speer’s fees consist of a base charge (ranging from $5,000 to $102,500) and a per-bond fee (ranging from $0.25 to $2.50), both of which vary based on the principal amount issued. For the proposed 2025C Refunding Bonds ($2.255 million) and 2025D Refunding Bonds ($1.21 million), Speer’s fees would amount to $13,138 and $10,525, respectively—a total of $23,663 if issued separately. However, since these bonds are currently planned to be issued alongside the 2025A Bonds (DWC/Lake Michigan Water Sourcing Project) and the 2025B Bonds (New Public Works/Parks Facility), Speer has agreed to significantly reduce its fees to $3,015 for the 2025C Bonds and $1,546 for the 2025D Bonds, for a combined total of $4,561. This represents a savings of $22,102, as detailed on page 3 of Exhibits C and D. Regardless of whether the bonds are issued together or separately, Speer’s fees are contingent on the actual issuance of the bonds. Should the Council decide not to proceed or if refundings are deemed unwarranted due to market conditions, no fees would be charged. All fees payable to Speer Financial would be covered by bond proceeds, as these costs are directly tied to the issuance of the proposed bonds. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: December 3, 2024 Subject: Municipal Advisor & Bond Counsel Engagement Letters Croke Fairchild Duarte & Beres, LLP (www.crokefairchild.com) is a certified women-owned corporate law firm based in Chicago, Illinois, with additional offices in Lake Forest, IL, and Milwaukee, WI. The firm provides a broad range of legal services to businesses, private equity and venture firms, public companies, founders, and family offices. Croke Fairchild emphasizes delivering practical, strategic legal guidance and transforming the client experience. James Durkin and Randall Kulat have served as bond counsel for the City’s last four bond issuances, providing expertise on compliance and disclosure requirements. Currently, they are also engaged as bond counsel for the proposed 2025A Bonds (DWC/Lake Michigan Water Sourcing Project), the 2025B Bonds (New Public Works/Parks Facility), and the WIFIA loan. As outlined in the engagement letter (Exhibit B), Croke Fairchild proposes a fixed fee of $25,000 for the 2014A and 2014 refundings if issued separately. However, if these bonds are issued concurrently with the 2025A and 2025B Bonds (the current plan), the fee would be reduced to $20,000, resulting in a savings of $5,000. Regardless of whether the bonds are issued together or separately, Croke’s fees are contingent on the successful issuance of the bonds. If the Council decides not to proceed or if market conditions make refundings unwarranted, no fees will be charged. Similar to Speer Financial, all fees paid to Croke Fairchild will be funded by bond proceeds. Recommendation Staff recommends approval of the attached resolutions approving agreements with Speer Financial (municipal advisor) and Croke Fairchild (bond counsel). Additionally, it is recommended that the 2025C and 2025D bonds be issued concurrently with the 2025A and 2025B bonds, contingent upon achieving sufficient refunding savings under prevailing market conditions. Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING AN AGREEMENT FOR SPEER FINANCIAL, INC. AS MUNICIPAL DEBT ISSUANCE ADVISOR WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the City intends to issue 2025 Series C and 2025 Series D bonds (the “Bonds”); and WHEREAS, the City requires the assistance of a municipal debt issuance advisor in conjunction with the issuance of the Bonds; and WHEREAS, Speer Financial, Inc. (“Speer”), is a nationally recognized, employee-owned firm of municipal advisors, that works solely with governmental entities, specializing in debt issuance and related service; and WHEREAS, Speer has served as the City’s primary municipal advisor for over a decade and provides a quality product; and WHEREAS, Speer has agreed to significantly decrease its estimated combined $23,663 fees for services related to the issuance of the Bonds to $4,561, resulting in a savings of approximately $19,102, if they are issued concurrently with planned 2025 Series A and 2025 Series B bonds, said fees being paid out of bond proceeds; and WHEREAS, the City desires to enter into an engagement agreement with Speer Financial, Inc., for financial advising services related to the issuance of the Bonds, attached hereto as Exhibit A. Resolution No. 2024-____ Page 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. That the engagement letter with Speer Financial, Inc., attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the City’s Finance Director is hereby authorized to execute said letter on behalf of the United City of Yorkville. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 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 Resolution No. 2024-____ Page 3 Attest: ______________________________ CITY CLERK Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING AN AGREEMENT WITH CROKE FAIRCHILD DUARTE & BERES, LLP, AS BOND COUNSEL WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the City intends to issue 2025 Series C and 2025 Series D bonds (the “Bonds”); and WHEREAS, the City requires the assistance of a bond counsel in conjunction with the issuance of the Bonds; and WHEREAS, Croke Fairchild Duarte & Beres, LLP (“Croke Fairchild”), is a certified women-owned law firm based in Chicago, Illinois; and WHEREAS, two attorneys at Croke Fairchild, James Durkin and Randall Kulat, have served as the City’s Bond Counsel for the City’s law four bond issuances; and WHEREAS, Croke Fairchild has agreed to decrease its usual $25,000 fee by $5,000 for services related to the issuance of the Bonds if they are issued concurrently with planned 2025 Series A and 2025 Series B bonds, for a total fee of $20,000.00, which fees will be funded by bond proceeds; and WHEREAS, the City desires to enter into an engagement agreement with Croke Fairchild Duarte & Beres, LLP, as bond counsel for the issuance of the Bonds, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Resolution No. 2024-____ Page 2 Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. That the engagement letter with Croke Fairchild Duarte & Beres, LLP, attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the City’s Finance Director is hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 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 Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS SUITE 2630 • 230 WEST MONROE STREET • CHICAGO, ILLINOIS 60606 • (312) 346-3700 • FAX (312) 346-8833 SUITE 608 • 531 COMMERCIAL STREET • WATERLOO, IOWA 50701 • (319) 291-2077 • FAX (319) 291-8628 ESTABLISHED 1954 DANIEL FORBES RAPHALIATA McKENZIE MAGGIE BURGER ANTHONY MICELI MARK JERETINA AARON GOLD President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Vice President October 25, 2024 Rob Fredrickson Finance Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: United City of Yorkville, Kendall County, Illinois Issuance of General Obligation (Alternate Revenue Source) to Refinance all or a portion of the General Obligation (Alternate Revenue Source) Bonds, Series 2014 and General Obligation (Alternate Revenue Source) Bonds, Series 2014A. Dear Rob: Speer Financial, Inc. (“Speer”) is pleased to provide this Engagement Letter to the United City of Yorkville, Illinois (the “Client”) for our services as Municipal Advisor in connection with the issuance of the securities referenced above (the “Bonds”). The purpose of the issuance of the Bonds, briefly stated, is to provide for the refunding of prior obligations (the “Project”). Speer is providing this Engagement Letter to you to memorialize the terms of our engagement (the “Engagement”) as your Municipal Advisor with respect to the Project. This Engagement Letter is required under current Federal securities law and serves to provide certain additional information to the Client, such as disclosures of services, fees, terms and termination, conflict of interest and any material disciplinary actions. Services. Speer agrees to provide to the Client the municipal advisory services (the “Services”) set forth in the attached Exhibit A. Certain limitations to Speer’s Services are set forth in the attached Exhibit B. The Client, as an issuer of municipal securities, is also subject to certain other terms as it relates to the issuance of securities and Speer’s Engagement. These terms are detailed in the attached Exhibit C. Authorization. It is Speer’s understanding that the Administrator and Finance Director of the Client (the “Client Contacts”) are authorized to receive this Engagement Letter and discuss with Speer the terms and disclosures of this Engagement Letter. Speer may also rely on the authority of such Client Contacts when receiving direction from such Client Contacts in the course of Speer providing its Services. Term and Termination. Speer’s Engagement shall remain in effect until terminated by the Client or Speer upon at least thirty (30) days written notice to the other party. If the Client terminates the Engagement prior to the issuance of the Bonds, Speer expects to negotiate with the Client a mutually agreeable compensation for the Services provided by Speer prior to such termination. SPEER FINANCIAL, INC. 2 Compensation. Speer’s compensation for Services on the Bonds is set forth below. As compensation for Speer’s provision of the Services, Speer shall receive a fee based upon the par amount of the Bonds issued, calculated as follows: Production/Par Amount MA Fee $0 - $1,000,000 $5,000 $1,000,001 - $10,000,000 $5,000 + $2.50 Per Bond Above $1,000,000. $10,000,001 - $20,000,000 $27,500 + $2.00 Per Bond Above $10,000,000 $20,000,001 - $50,000,000 $47,500 + $1.00 Per Bond Above $20,000,000 $50,000,001 -$100,000,000 $77,500 + $0.50 Per Bond Above $50,000,000 Above $100,000,000 $102,500 + $0.25 Per Bond Above $100,000,000 Bond Issue Fee Schedule This fee is the same regardless of the method of sale of the Bonds and is contingent on the sale of the Bonds. This fee does not include the payment of Speer’s out-of-pocket costs as further described in Exhibit B. See the attached Exhibit D for a description of the conflicts of interest in connection with each form of compensation. Representations of Client. The factual representations contained in the documents which are prepared by Speer in the course of its Engagement, and the factual representations which may also be contained in any other documents that are furnished to Speer by the Client, are essential for and provide the basis for Speer’s municipal advice. Accordingly, it is important for the Client to read and understand the documents Speer provides to the Client because the Client will be confirming the truth, accuracy and completeness of matters contained in those documents. Speer’s Engagement does not include the verification of the truth or accuracy of such factual representations, as further described in the attached Exhibit C. Required Disclosures. Speer is registered with the U.S. Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”). MSRB Rule G-42 requires that Speer provide the Client with disclosures of material conflicts of interest and information regarding certain legal events and disciplinary history. MSRB Rule G-10 requires that Speer provide certain disclosures related to the MSRB’s webpage and the availability of a municipal advisory client brochure. Such disclosures are provided in the attached Exhibit D. Should the Client have any questions or concerns with these disclosures, the Client should promptly contact Speer. Risk Disclosure. Each form of financing has particular financial characteristics and inherent risks. Provided in the attached Exhibit E is a general description of the most commonly used security structures of fixed rate municipal bonds in Illinois as well disclosures on the risks of each structure known to Speer at this time. Should the Client have any questions or concerns with this disclosure, the Client should promptly contact Speer. SPEER FINANCIAL, INC. 3 We sincerely appreciate this opportunity to be of service, and look forward to working with you. Sincerely, SPEER FINANCIAL, INC. By: Its: Senior Vice President 4 EXHIBIT A SPEER FINANCIAL, INC. MUNICIPAL ADVISOR SERVICES FOR THE UNITED CITY OF YORKVILLE Financial Planning Services 1. Orientation: Reviewing the Client’s current financial position, statutory authority, and financing capabilities, including whether a refunding or defeasance of any outstanding debt is appropriate. 2. Coordination: Coordinating financial planning and issuance details with the Client’s staff, bond counsel, paying agents, rating agencies and other transaction participants. 3. Consultation: Consulting with the elected and key appointed officials and staff regarding the various phases of the development and implementation of a financing plan, as requested. 4. Planning: Developing a debt financing plan that includes all or some of the following: a. Maturity Schedules - Provide preliminary maturity schedules relating to the financing. b. Financing Timeline - A tentative financing timeline to guide officials regarding the timing of various aspects of the financing plan. c. Financing Distribution List – Prepare a listing of the individuals and firms that will serve on the transaction. 5 Negotiated Sale Services 1. Authorizing Resolutions/Ordinances - Assist the Client’s attorney and/or bond counsel with regard to the financial provisions to be included within the Client’s authorizing resolutions/ordinances relative to the securities issuance. 2. Credit Rating and/or Insurance - When applying for a credit rating and/or bond insurance Speer will submit the necessary data and documents to the selected credit rating agency(ies) and/or insurance company(ies). 3. Disclosure Document and Proposals: a. Preparation of Documents - Prepare or assist in the preparation of a preliminary Disclosure Document, if not being otherwise completed by another transaction participant. If requested by the Client, prepare a Request for Proposals (RFP) or Request for Qualifications (RFQ) for underwriting services, and, following the award of the securities, the final Disclosure Document, if not being otherwise prepared by another transaction participant. b. Proposal Analysis and Recommendations – If requested by the Client, review and examine any proposals submitted for completeness and compliance with the applicable RFP/RFQ requirements, evaluate the proposals for accuracy, and recommend a proposed course of action relative to the proposals received. 4. Negotiation of Terms - Negotiate with the selected underwriter(s)/purchaser(s) relative to interest rates, terms and conditions of the securities issuance. 5. Preparation For Delivery of Securities - Conduct all necessary undertakings in order to complete the financing, including, the preparation, and dissemination of a closing letter. 6. Debt Service Schedule - Provide the Client with a final debt service schedule and other financial materials pertinent to the securities sale. 6 EXHIBIT B LIMITATIONS TO SPEER’S MUNICIPAL ADVISOR SERVICES Speer’s duties as Municipal Advisor are limited to the Services detailed in Exhibit A. Among other things, Speer’s Engagement does not include: 1. Giving any advice, opinion or representation as to the fiscal prudence or policy priority of issuing the securities or any other aspect of the securities transaction, including, without limitation, the undertaking of any project to be financed with the proceeds of the securities, as those are the Client’s policy decisions. 2. Giving any opinion or advice on the legality of the securities or the tax status of the securities. 3. Preparing any of the following: requests for tax rulings from the Internal Revenue Service, blue sky or investment surveys with respect to the securities, state legislative amendments, or pursuing test cases or other litigation. 4. Undertaking rebate calculations for the securities or anything related to monitoring investments of securities proceeds or expenditure of securities proceeds, as that is a specialty service provided by others when appropriate. 5. Participating in the underwriting of the debt, as prohibited by Federal securities law. 6. Monitoring the actual use of proceeds, the timely expenditure of proceeds and the project completion status. 7. Verifying the accuracy of audited and unaudited financial statements. 8. Giving advice on the investment of securities proceeds. 9. Monitoring ongoing obligations and covenants entered into by the Client with respect to the securities, as these tasks are performed by the Client. 10. The Services do not include the payment by Speer of its “out of pocket” expenses, including but not limited to, the utilization of a bidding platform (SpeerAuction or SpeerBids), verification services as requested by the Client, mailing, overnight and messenger delivery and printing and copying costs. 11. Filing material events notices or otherwise assisting the Client with its continuing disclosure obligations, as such assistance is to be provided under a separate written agreement. Nothing in this Engagement Letter obligates Speer to provide, or the Client to pay for, any such continuing disclosure services. 7 EXHIBIT C OTHER TERMS OF THE SPEER ENGAGEMENT Please note the following with respect to the Client’s role in connection with each issuance of securities. 1. It is important for the Client to read and understand the documents Speer provides to the Client because the Client will be confirming the truth, accuracy and completeness of matters contained in those documents at the issuance of the securities. If the documents contain incorrect or incomplete factual statements, the Client must call those to Speer’s attention. Speer will not perform an independent investigation or verification to determine the accuracy, completeness or sufficiency of any such document or render any advice, view or comfort that the Disclosure Document or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Any information in such documents does not constitute a review, audit or certified forecast of future events and any such financial information may not conform to accounting principles applicable to compilations of financial information. Any untruth, inaccuracy or incompleteness may have adverse consequences affecting either the tax exemption of interest paid on the securities or the adequacy of disclosures made in the Disclosure Document under State and Federal securities laws, with resulting potential liability for the Client. During the course of its Engagement, Speer will assume and rely on the Client to provide Speer with complete and timely information on all developments pertaining to any aspect of the securities and their security. Speer understands that the Client will cooperate with Speer in this regard. 2. To the extent that during the course of Speer’s advising the Client a relevant matter comes to Speer’s attention which appears to be contrary to what is contained in the transaction documents including any representations in the transaction documents or in the Disclosure Document, Speer may ask the Client about such apparent divergence of the facts; but to the extent that the facts and representations stated in the documents Speer provides to the Client, and are not corrected by the Client, Speer is then relying upon the Client’s signed certifications for their truth, accuracy and completeness. 3. Issuing the securities as “securities” under State and Federal securities laws and on a tax-exempt basis is a serious undertaking. As the issuer of the securities, the Client is obligated under that State and Federal securities laws and the Federal tax laws to disclose all material facts. The Client has a duty to exercise “due diligence” in determining the accuracy and completeness of the information used in the Disclosure Document and the information upon which legal opinions related to the securities are based. The Client’s lawyers, accountants and advisors can assist the Client in fulfilling these duties, but the Client in its corporate capacity, including the Client’s knowledge, has the collective knowledge of the facts pertinent to the transaction and the ultimate responsibility for the presentation and disclosure of the relevant information. 4. Requirements of issuing debt include that the Client is current in its annual continuing disclosure obligations, including material events notices, and current in its arbitrage rebate obligations. These requirements are the obligation of the Client and not of Speer or bond counsel. 8 EXHIBIT D REQUIRED DISCLOSURES 1. DISCLOSURE OF CONFLICTS OF INTEREST A. Various Forms of Compensation The Municipal Securities Rulemaking Board (MSRB) requires us, as your municipal advisor, to provide written disclosure to you about the actual or potential conflicts of interest presented by various forms of compensation. We must provide this disclosure unless you have required that a particular form of compensation be used. You should select a form of compensation that best meets your needs and the agreed upon scope of services. The forms of compensation for municipal advisors vary according to the nature of the engagement and requirements of the Client, among other factors. Various forms of compensation present actual or potential conflicts of interest because they may create an incentive for an advisor to recommend one course of action over another if it is more beneficial to the advisor to do so. This document discusses various forms of compensation and the timing of payments to the advisor. Fixed fee. Under a fixed fee form of compensation, the municipal advisor is paid a fixed amount established at the outset of the transaction. The amount is usually based upon an analysis by the Client and the advisor of, among other things, the expected duration and complexity of the transaction and the agreed-upon scope of work that the advisor will perform. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, the advisor may suffer a loss. Thus, the advisor may recommend less time- consuming alternatives, or fail to do a thorough analysis of alternatives. There may be additional conflicts of interest if the municipal advisor’s fee is contingent upon the successful completion of a financing, as described below. Hourly fee. Under an hourly fee form of compensation, the municipal advisor is paid an amount equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if the Client and the advisor do not agree on a reasonable maximum amount at the outset of the engagement, because the advisor does not have a financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an hourly fee may be applied against a retainer (e.g., a retainer payable monthly), in which case it is payable whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of a financing, in which case there may be additional conflicts of interest, as described below. Fee contingent upon the completion of a financing or other transaction. Under a contingent fee form of compensation, payment of an advisor’s fee is dependent upon the successful completion of a financing or other transaction. Although this form of compensation may be customary for the Client, it presents a conflict because the advisor may have an incentive to recommend unnecessary financings or financings that are disadvantageous to the Client. For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, an advisor may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Fee paid under a retainer agreement. Under a retainer agreement, fees are paid to a municipal advisor periodically (e.g., monthly) and are not contingent upon the completion of a financing or other transaction. Fees paid under a retainer agreement may be calculated on a fixed fee basis (e.g., a fixed fee per month regardless of the number of hours worked) or an hourly basis (e.g., a minimum monthly payment, with additional amounts payable if a certain number of hours worked is exceeded). A retainer agreement does not present the conflicts associated with a contingent fee arrangement (described above). Fee based upon principal or notional amount and term of transaction. Under this form of compensation, the 9 municipal advisor’s fee is based upon a percentage of the principal amount of an issue of securities (e.g., bonds) or, in the case of a derivative, the present value of or notional amount and term of the derivative. This form of compensation presents a conflict of interest because the advisor may have an incentive to advise the Client to increase the size of the securities issue or modify the derivative for the purpose of increasing the advisor’s compensation. B. Other Material Conflicts of Interest The MSRB requires us, as your municipal advisor, to provide written disclosure to you about material conflicts of interest. The following represent Speer material conflicts of interest known to Speer as of the date of this Engagement Letter. As of the date of this Engagement, Speer is unaware of any material conflicts of interest. 2. DISCLOSURE OF LEGAL EVENTS AND DISCIPLINARY ACTION The MSRB requires us, as your municipal advisor, to provide written disclosure to you of any legal or disciplinary events material to your evaluation of Speer or the integrity of Speer’s management or advisory personnel. Material Legal or Disciplinary Event. There are no legal or disciplinary events that are material to the Client’s evaluation of Speer or the integrity of Speer’s management or advisory personnel disclosed, or that should be disclosed, on any Form MA or Form MA-I filed with the SEC. How to Access Form MA and Form MA-I Filings. Speer’s most recent form MA and each most recent Form MA- I filed with the SEC are available on the SEC’s EDGAR system at: http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001606944 Most Recent Change in Legal or Disciplinary Event Disclosure. Speer has not made any material legal or disciplinary event disclosures on Form MA or any Form MA-I filed with the SEC. 3. FUTURE DISCLOSURES As required by MSRB Rule G-42, the Required Disclosures found in this Exhibit D may be supplemented or amended, from time to time as needed, to reflect changed circumstances resulting in new conflicts of interest or changes in conflicts of interest described above, or to provide updated information with regard to any legal or disciplinary events of Speer. Speer will provide the Client with any such supplemental or amended information as it becomes available through the term of the Municipal Advisory Relationship. 4. G-10 DISCLOSURE The Municipal Securities Rulemaking Board’s (MSRB) webpage address is: www.msrb.org Posted on the MSRB’s webpage is a municipal advisory client brochure that describes the protections that may be provided by the MSRB rules and how to file a complaint with an appropriate regulatory authority. 10 EXHIBIT E FINANCIAL CHARACTERISTICS AND RISKS OF MUNICIPAL BONDS IN ILLINOIS The following is a general description of the financial characteristics, security structures and risks of municipal fixed rate bonds (“Municipal Bonds”) issued in Illinois. The risks being disclosed in this Exhibit E are those that are known to Speer at this time and should be considered by the Client prior to deciding whether to issue Municipal Bonds. If you have any questions or concerns about any disclosure made, please notify Speer immediately. Financial Characteristics Maturity and Interest. Municipal Bonds are interest-bearing debt securities issued by state and local governments, political subdivisions and agencies and authorities. Maturity dates for Municipal Bonds are fixed at the time of issuance and may include serial maturities (specified principal amounts are payable on the same date in each year until final maturity) or one or more term maturities (specified principal amounts are payable on each term maturity date) or a combination of serial and term maturities. The final maturity date typically will range between 10 and 30 years from the date of issuance. Interest on the Municipal Bonds typically is paid semiannually at a stated fixed rate or rates for each maturity date. Redemption. Municipal Bonds may be subject to optional redemption, which allows you, at your option, to redeem some or all of the bonds on a date prior to scheduled maturity, such as in connection with the issuance of refunding bonds to take advantage of lower interest rates. Municipal Bonds will be subject to optional redemption only after the passage of a specified period of time, often approximately ten years from the date of issuance, and upon payment of the redemption price set forth in the bonds, which may include a redemption premium. You will be required to send out a notice of optional redemption to the holders of the bonds, usually not less than 30 days prior to the redemption date. Municipal Bonds with term maturity dates also may be subject to mandatory sinking fund redemption, which requires you to redeem specified principal amounts of the bonds annually in advance of the term maturity date. The mandatory sinking fund redemption price is 100% of the principal amount of the bonds to be redeemed. Security Payment of principal of and interest on a municipal security, including Municipal Bonds, may be backed by various types of pledges and forms of security, some of which are described below. The description below regarding "Security" is only a brief summary of certain possible security provisions for the bonds and is not intended as legal advice. You should consult with your bond counsel for further information regarding the security for the bonds. General Obligation Bonds. "General obligation bonds" are debt securities to which your full faith and credit is pledged to pay principal and interest. If you have taxing power, generally you will pledge to use your ad valorem (property) taxing power to pay principal and interest. All taxable property in the taxing body is subject to the levy of taxes to pay the same without limitation as to rate or amount. The term "limited" tax is used when a limit exists as to the amount of the tax (see below). General obligation bonds constitute a debt and, depending on applicable state law, may require that you obtain approval by voters prior to issuance. In the event of default in required payments of interest or principal, the holders of general obligation bonds have certain rights under state law to compel you to impose a tax levy. Limited Bonds. Taxing bodies, subject to the Property Tax Extension Limitation Law of the State of Illinois, as amended (the "Extension Limitation Law"), can issue limited bonds. Limited bonds are issued in lieu of general obligation bonds that otherwise have been authorized by applicable law. They are payable from a separate property tax levy that is unlimited as to rate, but the amount of taxes that will be extended to pay the bonds is limited by the Extension Limitation Law. Limited bonds are payable from your debt service extension base (the Page 11 "Base"), which is an amount equal to that portion of the extension for the applicable levy year for the payment of non-referendum bonds (other than alternate bonds or refunding bonds issued to refund bonds initially issued pursuant to referendum), increased each year, beginning with the 2009 levy year, by the lesser of 5% or the percentage in the Consumer Price Index for All Urban Consumers (as defined in the Extension Limitation Law) during the 12-month calendar year preceding the levy year. The Limitation Law further provides that the annual amount of taxes to be extended to pay the limited bonds and all other limited bonds heretofore and hereafter issued by you shall not exceed the Base less the amount extended to pay certain other non-referendum bonds heretofore and hereafter issued by you and bonds issued to refund such bonds. Limited bonds constitute a debt. In the event of default in required payments of interest or principal, the holders of limited bonds have certain rights under state law to compel you to impose a tax levy (limited as set forth in the previous paragraph). Alternate Bonds. Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended (the "Debt Reform Act"), permits you to issue alternate or "double-barrelled" bonds. Alternate bonds are general obligation bonds payable from enterprise revenues or from a revenue source, or both, with your general obligation acting as backup security for the bonds. Once issued, and until paid or defeased, alternate bonds are a general obligation, for the payment of which you pledge your full faith and credit. Such bonds are payable from the levy of ad valorem property taxes upon all taxable property in your taxing body without limitation as to rate or amount. The intent of the Debt Reform Act is for the enterprise revenues or the revenue source to be sufficient to pay the debt service on the alternate bonds so that taxes need not be levied, or, if levied, need not be extended, for such payment. The Debt Reform Act prescribes several conditions that must be met before alternate bonds may be issued. First, alternate bonds must be issued for a lawful corporate purpose. If issued in lieu of revenue bonds (as described below), then the revenue bonds must have been authorized under applicable law (including satisfying any backdoor referendum requirements) and the alternate bonds must be issued for the purpose for which the revenue bonds were authorized. If issued payable from a revenue source limited in its purposes or applications, then the alternate bonds must be issued only for such limited purposes or applications. Second, alternate bonds are subject to a backdoor referendum. The issuance of alternate bonds must be submitted to referendum if, within 30 days after publication of the authorizing ordinance and notice of intent to issue the alternate bonds, a petition is filed. The petition must be signed by the greater of (i) 7.5% of your registered voters or (ii) the lesser of 200 of the registered voters or 15% of the registered voters, asking that the issuance of the alternate bonds be submitted to referendum. Backdoor referendum proceedings for revenue bonds and for alternate bonds to be issued in lieu of revenue bonds may be conducted at the same time. Notwithstanding the previous paragraph, in governmental units with fewer than 500,000 inhabitants that propose to issue alternate bonds payable solely from enterprise revenues, except for alternate bonds that finance or refinance projects concerning public utilities, public streets and roads or public safety facilities and related infrastructure and equipment, if no petition is filed within 45 days of publication of the authorizing ordinance and notice, the alternate bonds may be issued. For purposes of this paragraph, the required number of petitioners for a governmental unit with more than 4,000 registered voters is the lesser of (i) 5% of the registered voters or (ii) 5,000 registered voters and the required number of petitioners for a governmental unit with 4,000 or fewer registered voters is the lesser of (i) 15% of the registered voters or (ii) 200 registered voters. Third, you must demonstrate that the enterprise revenues are, or that the revenue source is, sufficient to meet the requirements of the Debt Reform Act. If enterprise revenues are pledged as security for the alternate bonds, you must demonstrate that such revenues are sufficient in each year to pay all of the following: (a) costs of operation and maintenance of the utility or enterprise, excluding depreciation; (b) debt service on all outstanding revenue bonds payable from such enterprise revenues; Page 12 (c) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds; (d) other contractual or tort liability obligations, if any, payable from such enterprise revenues; and (e) in each year, an amount not less than 1.25 times debt service on all: (i) outstanding alternate bonds payable from such enterprise revenues; and (ii) the alternate bonds proposed to be issued. If one or more revenue sources are pledged as security for the alternate bonds, you must demonstrate that such revenue sources are sufficient in each year to provide not less than 1.25 times (1.10 times if the revenue source is a government revenue source) debt service on all outstanding alternate bonds payable from such revenue source and on the alternate bonds proposed to be issued. You need not meet the test described in this paragraph for the amount of debt service set aside at closing from bond proceeds or other moneys. The determination of the sufficiency of enterprise revenues or revenue source or sources, as applicable, must be supported by reference to the most recent audit of the governmental unit, which must be for a fiscal year ending on a date that is not more than 18 months prior to the date of issuance of the alternate bonds. If such audit does not adequately show such enterprise revenues or revenue source, as applicable, or if such enterprise revenues or revenue source, as applicable, are shown to be insufficient, then the determination of sufficiency must be supported by the report of an independent accountant or feasibility analyst, the latter having a national reputation for expertise in such matters, who is not otherwise involved in the project being financed or refinanced with the proceeds of the alternate bonds, demonstrating the sufficiency of such revenues and explaining, if appropriate, by what means the revenues will be greater than as shown in the audit. Alternate bonds may be issued to refund alternate bonds without meeting any of the conditions set forth above if the term of the refunding bonds is not longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds does not exceed the debt service payable in such year on the refunded bonds. Alternate bonds are not regarded or included in any computation of indebtedness for the purpose of any statutory provision or limitation unless taxes, other than a designated revenue source, are extended to pay the bonds. In the event taxes are extended, the amount of alternate bonds then outstanding counts against your debt limit until your audit shows that the alternate bonds have been paid from the pledged enterprise revenues or revenue source for a complete fiscal year. In the event of default in required payments of interest or principal, the holders of alternate bonds have certain rights under state law to compel you to increase the pledged revenues or have the tax levy extended for such payment. Debt Certificates. You may issue "debt certificates" to evidence your payment obligation under an installment contract or lease. Your governing body may provide for the treasurer, comptroller, finance officer or other officer of the governing body charged with financial administration to act as counterparty to the installment contract or lease, as nominee- seller or lessor. The installment contract or lease is then executed by your authorized officer and is filed with and executed by the nominee-seller or lessor. As contracts for the acquisition and construction of the project to be financed are executed (the "Work Contracts"), the governing body orders those Work Contracts to be filed with the nominee-seller or lessor. The nominee- seller or lessor identifies the Work Contracts to the particular installment contract or lease. Such identification permits the payment of the Work Contracts from the proceeds of the debt certificates. Page 13 Debt certificates are paid from your lawfully available funds. You are expected to agree to annually budget/appropriate amounts to pay the principal of and interest on the debt certificates. There is no separate levy available for the purpose of making such payments. Debt certificates constitute a debt. In the event of default in required payments of interest or principal, the holders of the debt certificates cannot compel you to impose a tax levy, but you have promised the holders of the debt certificates that you will pay the debt certificates and they can proceed to file suit to enforce such promise. Special Service Area Bonds. When special services are provided to a particular contiguous area within a municipality, in addition to the services generally provided throughout the municipality, a municipality may create a special service area. The cost of the special services may be paid from taxes levied upon the taxable real property within the area, and such taxes may be levied in the special service area at a rate or amount sufficient to produce revenues required to provide the special services. Prior to the first levy of taxes in the special service area and prior to or within 60 days after the adoption of the ordinance proposing the establishment of the special service area, you are required to hold a public hearing and to publish and mail notice of such hearing. At the public hearing, any interested person may file written objections or give oral statements with respect to the establishment of the special service area and the levy of taxes therein. As a result of the hearing, you may delete areas from the special service area as long as the remaining area is contiguous. After the hearing, an ordinance establishing the special service area must be timely filed with the county recorder and the county clerk. Bonds secured by the full faith and credit of the special service area territory may be issued for the purpose of providing special services. Such bonds are paid from the levy of taxes unlimited as to rate or amount against the taxable real property in the special service area. The county clerk will annually extend taxes against all of the taxable real property in the area in amounts sufficient to pay the principal and interest on the bonds. Such bonds are exempt from the Extension Limitation Law of the State of Illinois, as amended. Prior to the issuance of special service area bonds, you must give published and mailed notice and hold a hearing at which any interested person may file written objections, or be heard orally, with respect to the issuance of the bonds. The questions of the creation of the special service area, the levy of a tax on such area and the issuance of special service area bonds may all be considered at the same hearing. The creation of the special service area, the levy of a tax within the area and the issuance of bonds for the provision of special services to the area are subject to a petition process. If, within 60 days after the public hearing, a petition signed by not less than 51% of the electors residing within the special service area and 51% of the owners of record of land located within the special service area is filed with the municipal clerk objecting to the creation of the special service area, the levy of a tax or the issuance of bonds, then the area may not be created, the tax may not be levied and the bonds may not be issued. If such a petition is filed, the subject matter of the petition may not be proposed relative to any of the signatories within the next two years. Special service area bonds do not constitute an indebtedness of the municipality, and no exercise of your taxing power may be compelled on behalf of the special service area bondholders other than the ad valorem property taxes to be extended on the taxable real property in the special service area. Revenue Bonds. "Revenue bonds" are debt securities that are payable only from a specific source or sources of revenues. Revenue bonds are not a pledge of your full faith and credit and you are obligated to pay principal and interest on your revenue bonds only from the revenue source(s) specifically pledged to the bonds. Revenue bonds do not permit the bondholders to compel you to impose a tax levy for payment of debt service. Pledged revenues may be derived from operation of the financed project or system, grants or excise or other specified taxes. Generally, subject to state law or local charter requirements, you are not required to obtain voter approval prior to issuance of revenue bonds. Revenue bonds may, however, be subject to a backdoor referendum. If the specified source(s) of revenue become inadequate, a default in payment of principal or Page 14 interest may occur. Various types of pledges of revenue may be used to secure interest and principal payments on revenue bonds. The nature of these pledges may differ widely based on state law, the type of issuer, the type of revenue stream and other factors. Some revenue bonds, referred to as conduit revenue bonds, may be issued by a governmental issuer acting as conduit for the benefit of a private sector entity or a 50l(c)(3) organization (the obligor). Conduit revenue bonds commonly are issued for not-for-profit hospitals, educational institutions, single and multi-family housing, airports, industrial or economic development projects, and student loan programs, among other obligors. Principal and interest on conduit revenue bonds normally are paid exclusively from revenues pledged by the obligor. Unless otherwise specified under the terms of the bonds, you are not required to make payments of principal or interest if the obligor defaults. Tax Increment Financing. Tax increment financing provides a means for municipalities, after the approval of a "redevelopment plan and project," to redevelop blighted, conservation or industrial park conservation areas. The Tax Increment Allocation Redevelopment Act of the State of Illinois, as amended, allows incremental property taxes to be used to pay certain redevelopment project costs and to pay debt service with respect to tax increment bonds issued to pay redevelopment project costs. The municipality is authorized to issue tax increment bonds payable from, and secured by, incremental property tax revenues expected to be generated in the redevelopment project area. Incremental property tax revenues are derived from the increase in the current equalized assessed valuation of the real property within the redevelopment project area over and above the certified initial equalized assessed valuation for such redevelopment project area. Before adopting the necessary ordinances to designate a redevelopment project area, a municipality must hold a public hearing and convene a joint review board to consider the proposal. At the public hearing, any interested person or taxing district may file written objections and may give oral statements with respect to the proposed financing. After the municipality has considered all comments made by the public and the joint review board, it may adopt the necessary ordinances to designate a redevelopment project area. Tax increment bonds may be secured by the full faith and credit of the municipality. The issuance of general obligation tax increment bonds is subject to a "backdoor," rather than a direct, referendum. Once a municipality has authorized the issuance of tax increment obligations secured by its full faith and credit, the ordinance authorizing the issuance must be published in a newspaper of general circulation in the municipality. In response, voters may petition to request that the question of issuing obligations using the full faith and credit of the municipality as security to pay for redevelopment project costs be submitted to the electors of the municipality. If, within 30 days after the publication, l0% of the registered voters of the municipality sign such a petition, the question of whether to issue tax increment bonds secured by the municipality's full faith and credit must be approved by the voters pursuant to referendum. Such bonds are not exempt from the Extension Limitation Law unless first approved at referendum. Tax increment revenues may also be treated as a "revenue source" and be pledged to the payment of alternate bonds under Section 15 of the Debt Reform Act. Risk Considerations Certain risks may arise in connection with your issuance of Municipal Bonds, including some or all of the following (generally, the obligor, rather than you, will bear these risks for conduit revenue bonds): Issuer Default Risk. You may be in default if the funds pledged to secure your bonds are not sufficient to pay debt service on the bonds when due. The consequences of a default may be serious for you and, depending on applicable state law and the terms of the authorizing documents, the holders of the bonds, the trustee and any credit support provider may be able to exercise a range of available remedies against you. For example, if the Page 15 bonds are secured by a general obligation pledge, you may be ordered by a court to raise taxes. Other budgetary adjustments also may be necessary to enable you to provide sufficient funds to pay debt service on the bonds. If the bonds are revenue bonds or alternate bonds, you may be required to take steps to increase the available revenues that are pledged as security for the bonds. A default may negatively impact your credit ratings and may effectively limit your ability to publicly offer bonds or other securities at market interest rate levels. Further, if you are unable to provide sufficient funds to remedy the default, subject to applicable state law and the terms of the authorizing documents, you may find it necessary to consider available alternatives under state law, including (for some issuers) state-mandated receivership or bankruptcy. A default also may occur if you are unable to comply with covenants or other provisions agreed to in connection with the issuance of the bonds. This description is only a brief summary of issues relating to defaults and is not intended as legal advice. You should consult with your bond counsel for further information regarding defaults and remedies. Redemption Risk. Your ability to redeem the bonds prior to maturity may be limited, depending on the terms of any optional redemption provisions. In the event that interest rates decline, you may be unable to take advantage of the lower interest rates to reduce debt service. Refinancing Risk. If your financing plan contemplates refinancing some or all of the bonds at maturity (for example, if you have term maturities or if you choose a shorter final maturity than might otherwise be permitted under the applicable federal tax rules), market conditions or changes in law may limit or prevent you from refinancing those bonds when required. Further, limitations in the federal tax rules on advance refunding of bonds (an advance refunding of bonds occurs when tax-exempt bonds are refunded more than 90 days prior to the date on which those bonds may be retired) may restrict your ability to refund the bonds to take advantage of lower interest rates. Reinvestment Risk. You may have proceeds of the bonds to invest prior to the time that you are able to spend those proceeds for the authorized purpose. Depending on market conditions, you may not be able to invest those proceeds at or near the rate of interest that you are paying on the bonds, which is referred to as "negative arbitrage." Tax Compliance Risk. The issuance of tax-exempt bonds is subject to a number of requirements under the United States Internal Revenue Code, as enforced by the Internal Revenue Service (IRS). You must take certain steps and make certain representations prior to the issuance of tax-exempt bonds. You also must covenant to take certain additional actions after issuance of the tax-exempt bonds. A breach of your representations or your failure to comply with certain tax-related covenants may cause the interest on the bonds to become taxable retroactively to the date of issuance of the bonds, which may result in an increase in the interest rate that you pay on the bonds or the mandatory redemption of the bonds. The IRS also may audit you or your bonds, in some cases on a random basis and in other cases targeted to specific types of bond issues or tax concerns. If the bonds are declared taxable, or if you are subject to audit, the market price of your bonds may be adversely affected. Further, your ability to issue other tax-exempt bonds also may be limited. This description of tax compliance risks is not intended as legal advice and you should consult with your bond counsel regarding tax implications of issuing the bonds. CROKE FAIRCHILD DUARTE & BERES 180 N. LASALLE ST. SUITE 3400 CHICAGO, IL 60601 JIM DURKIN (312)529-5136 JDURKIN@CROKEFAIRCHILD.COM November 7, 2024 Rob Fredrickson Finance Director United City of Yorkville 651 Prairie Pointe Dr. Yorkville, Illinois 60560 rfredrickon@yorkville.il.us Dear Rob: Introduction. Croke Fairchild Duarte & Beres LLC (the “Firm” or “we” or “us”) appreciates the opportunity to serve as your counsel. This letter explains the policies and procedures that apply to this engagement. If this letter is acceptable, please sign this letter and return to my attention. Client. The client in the matter described below will be the United City of Yorkville (the “Client” or “you”). Unless we otherwise agree in writing, the Client will not include individuals “personally, or any of the Client’s portfolio companies, subsidiaries or affiliates or any of your or their respective partners, members, shareholders, directors, officers, employees, consultants, or independent contractors”. Thus, our representation of you will not give rise to any conflict of interest if our representation of any other Firm client is adverse to your portfolio companies, subsidiaries, affiliates, or any of your or their respective partners, members, shareholders, directors, officers, employees, consultants, or independent contractors. Matter; Scope. Our representation of you will be serving as your bond counsel for the 2025 Refunding Bonds Series A & B. We would be pleased to consider representing you in other matters; however, we must first confirm any such expansion or other representation in writing. Fees and Expenses. A Flat fee for the bond counsel services described above is $20,000.00 if these bonds are consolidated with the pending water and public facility bonds, otherwise, our fee for the refunding bonds will be $25,000 if issued separately form the water and public facility bonds. United City of Yorkville June 24, 2024 Page 2 We are committed to serving you with efficient and cost-effective support systems. As appropriate, we will include on our bills charges for third party services which we have to pay that relate specifically to the Matters, such as document reproduction, messenger and overnight courier service, computerized research, travel, document processing, search and filing fees, and internal litigation and practice support services. Fees and expenses of others (such as outside experts, consultants, other non-legal professionals, local counsel and co-counsel) may be billed directly to you by those others unless the Firm retains such outside experts, consultants, other non-legal professionals, local counsel and co-counsel. We want our clients to be satisfied with the quality and reasonableness of our services. For this matter, we will expect our flat fee to be paid on or around closing. Conflicts. There are no conflicts at this time as an underwriter has not been retained. Disclosures; Waivers. By your execution of this letter, you waive any conflict with respect to our engagement by any other client. We also want to make you aware of the fact that Firm partners, attorneys, and affiliates hold investments in a variety of publicly-traded corporations and private equity, venture capital, hedge and other similar funds, as well as other operating and portfolio companies, possibly including counterparties and parties involved in the Matters. Publicity. Unless the Client instructs otherwise, the Firm may, for conflicts resolution purposes, disclose to other clients and potential clients (in engagement letters or otherwise) that the Client is represented by the Firm. The Firm will not, however, disclose that it represents or has represented the Client in a particular Matter without Client’s consent unless the Matter has been publicly disclosed, such as by a filing with a court or regulatory authority or by the Client’s issuance of a press release. Unless the Client consents to the inclusion of additional information, the Firm’s disclosure of information about a Matter will be limited to the Client’s names, the names of the other party or parties, and a short description of the Matter which contains only publicly available information. Notwithstanding the foregoing, Client consents to the Firm listing Client as a client and stating public information regarding the Firm’s representation of Client on the Firm’s website. Term of Engagement. We trust that our relationship with you will be mutually satisfactory. However, either you or the Firm may terminate our representation at any time for any reason, subject on our part to applicable rules of professional conduct. If we terminate the representation before it is concluded, we will take reasonably practicable steps to protect the Client’s interests. If a court’s permission is required for withdrawal from the representation, we will promptly apply for such permission, and you agree to cooperate in such application - including, where appropriate, by engaging successor counsel in the matter. Unless previously terminated, our engagement in the Matters and representation of the Client in the Matters will terminate without further notice upon the earliest of: (i) our completion of the Matters; (ii) a decision by you not to proceed with the Matters; and (iii) our sending a final United City of Yorkville June 24, 2024 Page 3 statement for services rendered in the Matters. The termination of a Matter by either the Client or the Firm will not affect the Client’s obligation to pay unpaid fees and expenses incurred as of that time, and will not be affected by the fact that the Firm (a) thereafter makes efforts to collect unpaid fees and expenses or (b) is designated in an agreement with another party or on a court service list to receive notices related to the matter. Governing Law. This agreement shall be governed by the internal laws of the State of Illinois, without regard to its conflicts of law principles. Arbitration of Disputes. We expect that any disagreement between us relating to an engagement governed by this letter or to our relationship with the Client (including any claim of malpractice or breach of contract, or relating to fees or charges for the representation) will be resolved by discussion. If, however, such discussion is not successful, we both agree that any such dispute or claim will be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. Each of us shall be responsible for sharing equally the costs of the arbitration. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. We both consent to the jurisdiction of the federal or state courts in Chicago, Illinois, over any judicial proceedings relating to any aspect of the arbitration, including motions to confirm, vacate, modify or correct an arbitration award. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and judgment may be entered by any court having jurisdiction over the award or the relevant party or its assets. Each of us agrees to keep the arbitration confidential, and neither the proceeding’s existence nor any element of it shall be disclosed by either of us beyond the New Era Platform, the Neutral, the parties and their counsel, and any person necessary to the conduct of the proceeding. The confidentiality obligations shall not apply if disclosure is required by law or in judicial or administrative proceedings, or to the extent that disclosure is necessary to enforce the rights arising out of the award, provided that each of us agrees to use best efforts to limit the scope of any required disclosure and, subject to court approval, to seek to submit any such disclosure to a court or agency under seal. Claimants that are not parties to this letter may not bring claims in the arbitration proceeding. This agreement to arbitrate shall constitute an irrevocable waiver of each party’s right to a trial by jury, as well as of rights to discovery or to an appeal that would customarily be available in a judicial proceeding but that may be limited or unavailable in connection with such an arbitration. You acknowledge that you have had the opportunity to consult with other counsel (in- house or otherwise) prior to agreeing to this waiver, including regarding the waiver of jury trial, discovery, and appeal rights, and have made your own decision about whether to do so. United City of Yorkville June 24, 2024 Page 4 * * * Please call me if you have any questions regarding this letter. Thank you for the opportunity to serve you. Very truly yours, Jim Durkin Acknowledged and Agreed: United City of Yorkville _________________________________ By: Rob Fredrickson Title: Finance Director Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 12/01/2025 313,320.83 313,320.83 315,137.50 1,816.67 12/01/2026 311,500.00 311,500.00 313,387.50 1,887.50 12/01/2027 316,000.00 316,000.00 321,200.00 5,200.00 12/01/2028 314,750.00 314,750.00 316,400.00 1,650.00 12/01/2029 318,000.00 318,000.00 321,400.00 3,400.00 12/01/2030 320,500.00 320,500.00 320,800.00 300.00 12/01/2031 312,250.00 312,250.00 314,800.00 2,550.00 12/01/2032 308,750.00 308,750.00 313,600.00 4,850.00 12/01/2033 309,750.00 309,750.00 312,000.00 2,250.00 Total $2,824,820.83 $2,824,820.83 $2,848,725.00 $23,904.17 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 19,501.02 Net PV Cashflow Savings @ 3.801%(AIC)19,501.02 Contingency or Rounding Amount 224.15 Net Present Value Benefit $19,725.17 Net PV Benefit / $2,360,000 Refunded Principal 0.836% Net PV Benefit / $2,255,000 Refunding Principal 0.875% Refunding Bond Information Refunding Dated Date 2/19/2025 Refunding Delivery Date 2/19/2025 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. 1 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 02/19/2025 ----- 06/01/2025 --31,945.83 31,945.83 - 12/01/2025 225,000.00 5.000%56,375.00 281,375.00 313,320.83 06/01/2026 --50,750.00 50,750.00 - 12/01/2026 210,000.00 5.000%50,750.00 260,750.00 311,500.00 06/01/2027 --45,500.00 45,500.00 - 12/01/2027 225,000.00 5.000%45,500.00 270,500.00 316,000.00 06/01/2028 --39,875.00 39,875.00 - 12/01/2028 235,000.00 5.000%39,875.00 274,875.00 314,750.00 06/01/2029 --34,000.00 34,000.00 - 12/01/2029 250,000.00 5.000%34,000.00 284,000.00 318,000.00 06/01/2030 --27,750.00 27,750.00 - 12/01/2030 265,000.00 5.000%27,750.00 292,750.00 320,500.00 06/01/2031 --21,125.00 21,125.00 - 12/01/2031 270,000.00 5.000%21,125.00 291,125.00 312,250.00 06/01/2032 --14,375.00 14,375.00 - 12/01/2032 280,000.00 5.000%14,375.00 294,375.00 308,750.00 06/01/2033 --7,375.00 7,375.00 - 12/01/2033 295,000.00 5.000%7,375.00 302,375.00 309,750.00 Total $2,255,000.00 -$569,820.83 $2,824,820.83 - Yield Statistics Bond Year Dollars $11,396.42 Average Life 5.054 Years Average Coupon 5.0000000% Net Interest Cost (NIC)3.7617661% True Interest Cost (TIC)3.6054373% Bond Yield for Arbitrage Purposes 4.1569658% All Inclusive Cost (AIC)3.8010462% IRS Form 8038 Net Interest Cost 3.4183299% Weighted Average Maturity 5.120 Years 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. 2 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $3,015.00 Bond Counsel $10,000.00 Local Counsel $4,000.00 Rating Agency Fee $1,762.00 Paying Agent / Bond Registrar $1,250.00 Escrow Agent $500.00 TOTAL $20,527.00 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. 3 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 12/01/2025 277,391.67 277,391.67 280,715.00 3,323.33 12/01/2026 274,000.00 274,000.00 276,515.00 2,515.00 12/01/2027 277,750.00 277,750.00 277,115.00 (635.00) 12/01/2028 275,750.00 275,750.00 277,192.50 1,442.50 12/01/2029 278,250.00 278,250.00 281,610.00 3,360.00 Total $1,383,141.67 $1,383,141.67 $1,393,147.50 $10,005.83 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 9,042.22 Net PV Cashflow Savings @ 3.872%(AIC)9,042.22 Contingency or Rounding Amount 1,562.45 Net Present Value Benefit $10,604.67 Net PV Benefit / $1,235,000 Refunded Principal 0.859% Net PV Benefit / $1,210,000 Refunding Principal 0.876% Refunding Bond Information Refunding Dated Date 2/19/2025 Refunding Delivery Date 2/19/2025 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. 1 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 02/19/2025 ----- 06/01/2025 --17,141.67 17,141.67 - 12/01/2025 230,000.00 5.000%30,250.00 260,250.00 277,391.67 06/01/2026 --24,500.00 24,500.00 - 12/01/2026 225,000.00 5.000%24,500.00 249,500.00 274,000.00 06/01/2027 --18,875.00 18,875.00 - 12/01/2027 240,000.00 5.000%18,875.00 258,875.00 277,750.00 06/01/2028 --12,875.00 12,875.00 - 12/01/2028 250,000.00 5.000%12,875.00 262,875.00 275,750.00 06/01/2029 --6,625.00 6,625.00 - 12/01/2029 265,000.00 5.000%6,625.00 271,625.00 278,250.00 Total $1,210,000.00 -$173,141.67 $1,383,141.67 - Yield Statistics Bond Year Dollars $3,462.83 Average Life 2.862 Years Average Coupon 5.0000001% Net Interest Cost (NIC)3.5434391% True Interest Cost (TIC)3.4420369% Bond Yield for Arbitrage Purposes 4.1569658% All Inclusive Cost (AIC)3.8720472% IRS Form 8038 Net Interest Cost 3.2387765% Weighted Average Maturity 2.894 Years 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. 2 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $1,546.00 Bond Counsel $10,000.00 Rating Agency Fee $904.00 Paying Agent / Bond Registrar $1,250.00 Escrow Agent $500.00 TOTAL $14,200.00 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. 3 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #7 Tracking Number CC 2024-99 Proposed 2025ABCD Bonds – Underwriter Engagement Letter City Council – December 10, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of a resolution approving an agreement with Robert W. (RW) Baird & Company for underwriter services related to the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2025ABCD. Background The underwriter serves a crucial role in marketing and facilitating the City’s bond offering, ensuring the successful placement of bonds with potential investors. For the proposed 2025ABCD bonds, a negotiated sale has been selected as the method of issuance. This approach is driven by the inherent uncertainty surrounding investor demand for longer-term bonds, particularly those with maturities exceeding 20 years, such as the 2025A and 2025B bonds. To address this unpredictability, the underwriter will initially purchase the bonds directly from the City, taking on the associated market risk, and subsequently resell them to niche investors who specialize in the long-term bond market. This strategy ensures the City can achieve favorable pricing while navigating the complexities of the market. Robert W. Baird & Co. (www.rwbaird.com) has been selected as the underwriter for this transaction. Baird is a nationally recognized financial services firm with expertise across wealth management, investment banking, institutional equities, fixed income, private equity, and public finance. Their municipal sales and trading department is one of the largest in the country, and they are consistently ranked among the leading firms in the Midwest for the number of municipal bond issues underwritten. Notably, Baird has underwritten three of Yorkville’s last seven competitive bond sales and served as the underwriter for the City’s most recent negotiated sale, the 2023A water bonds issued in August 2023. As outlined in the engagement letter (Exhibit A, page 2), Baird’s fee is 0.33% of the public offering price, consistent with the pricing agreed upon for the 2023A bond issuance. This fee is contingent upon the successful sale of the bonds. If the Council decides not to proceed with the issuance or if market conditions render the refunding of the 2014A and 2014 bonds unfeasible, no fees will be charged. The total estimated fee for the four potential bond issuances is approximately $230,000 (see Exhibit B – Total Issue Sources and Uses). These costs, directly associated with the 2025ABCD bond issuance, would be funded by bond proceeds. Recommendation Staff recommends approval of the attached resolution approving an agreement with Robert W. Baird & Co. for underwriter services. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: December 3, 2024 Subject: Proposed 2025ABCD Bonds – Underwriter Engagement Letter Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING AN AGREEMENT WITH ROBERT W. BAIRD & CO. AS UNDERWRITER FOR 2025 SERIES BONDS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the City intends to issue 2025 Series A, B, C and D bonds (the “Bonds”); and WHEREAS, the City requires the assistance of an underwriter in conjunction with the issuance of the Bonds; and WHEREAS, Robert W. Baird & Co. (“Baird”), is a nationally recognized financial services firm with expertise across wealth management, investment banking, institutional equities, fixed income, private equity, and public finance; and WHEREAS, Baird has underwritten three of Yorkville’s last seven competitive bond sales and served as the underwriter for the City’s most recent negotiated sale, the 2023A water bonds issued in August 2023; and WHEREAS, Baird is proposing a fee of 0.33% of the offering price for underwriting services related to the issuance of the Bonds, which fees will be funded by bond proceeds; and WHEREAS, the City desires to enter into an engagement agreement with Robert W. Baird & Co., as underwriter for the issuance of the Bonds, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Resolution No. 2024-____ Page 2 Section 2. That the engagement letter with Robert W. Baird & Co., attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the City’s Finance Director is hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 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 Robert W. Baird & Co. 300 E Fifth Avenue, Suite 200 Naperville, IL 60563 Main (630) 778-9100 www.rwbaird.com December 4, 2024 Bart Olson, City Administrator Rob Fredrickson, Finance Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Re: Underwriting Engagement Letter Mr. Olson and Mr. Fredrickson: On behalf of Robert W. Baird & Co. Incorporated (“we” or “Baird”), we wish to thank you for the opportunity to serve as sole underwriter for the United City of Yorkville, Illinois (“you” or the “Issuer”) on its proposed offering and issuance of approximately $67 million General Obligation Bonds (Alternate Revenue Source), Series 2025A and Series 2025B, and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C and Series 2025D (the “Securities”) to finance capital improvements and to refund the Issuer’s outstanding Series 2014 and Series 2014A. This letter will confirm the terms of our engagement; however, it is anticipated that this letter will be replaced and superseded by a bond purchase agreement to be entered into by the parties (the “Purchase Agreement”) if and when the Securities are priced following successful completion of the offering process. The Purchase Agreement will set forth the terms and conditions on which Baird will purchase the Securities and will contain provisions that are consistent with those stated in this letter. 1. Services to be Provided by Baird. Baird is hereby engaged to serve as sole underwriter, and not as municipal advisor, of the proposed offering and issuance of the Securities, and in such underwriter capacity Baird agrees to provide the following services: • Review and evaluate the proposed terms of the offering and the Securities • Develop a marketing plan for the offering, including identification of potential purchasers of the Securities • Assist in the preparation of the preliminary official statement and final official statement and other offering documents • Contact potential purchasers of the Securities and provide them with copies of the offering materials and related information • Respond to inquiries from potential purchasers and, if requested, coordinate their due diligence calls and meetings • If the Securities are to be rated, assist in the preparation of information and materials to be provided to securities rating agencies and in the development of strategies for meetings with the rating agencies • Consult with counsel and other service providers about the offering and the terms of the Securities • Inform the Issuer of the marketing and offering process • Negotiate the pricing, including the interest rate, and other terms of the Securities • Obtain CUSIP number(s) for the Securities and arrange for their DTC book-entry eligibility • Submit documents and other information about the offering to the MSRB’s EMMA website • Plan and arrange for the closing and settlement of the issuance and the delivery of the Securities • Such other usual and customary underwriting services as may be requested by the Issuer Page 2 of 4 In addition, as part of our underwriting services, Baird may provide advice concerning the structure, timing, terms and other similar matters about the offering at the Issuer’s request. Please note that Baird would be providing such advisory services in its capacity as underwriter and not as a municipal advisor to the Issuer. 2. Fees and Expenses. Baird’s proposed underwriting fee/spread is 0.33% of the public offering price of the Securities issued. The underwriting fee/spread will represent the difference between the price that Baird pays for the Securities and the public offering price stated on the cover of the final official statement, net of expenses paid by the underwriter. The underwriting fee/spread will be contingent upon the closing of the proposed offering and the amount of the fee/spread may be based on the public offering price of the Securities. The Issuer shall be responsible for paying or reimbursing Baird for all costs of issuance, including without limitation, CUSIP, DTC, and IPREO (electronic book-running/sales order system) fees and charges; official statement printing and mailing/distribution charges; bond counsel, issuer counsel and disclosure counsel (if any) fees; municipal advisory and other consultant fees; ratings agency fees and expenses and travel expenses directly related thereto; auditor and other expert fees; trustee, registrar and paying agent fees; and all other expenses incident to the performance of the Issuer’s obligations under the proposed offering. However, Baird will be responsible for paying any fees to the MSRB in connection with the issuance of the Securities. 3. Conflicts of Interest and Disclosures Pursuant to MSRB Rules. Baird is registered with the Municipal Securities Rulemaking Board (“MSRB”) and the SEC. The MSRB website is www.msrb.org. Two investor brochures, Information for Municipal Securities Investors and Information for Municipal Advisory Clients, describe the protections that may be provided by the MSRB’s rules. The brochures are available on the MSRB website. The MSRB website also contains information about how to file a complaint with an appropriate regulatory authority. Baird makes the following conflict of interest and other disclosures as required by MSRB Rule G-17. • Disclosures Concerning the Underwriter’s Role: ο MSRB Rule G-17 requires an underwriter to deal fairly at all times with both issuers and investors. ο The underwriter’s primary role is to purchase the Securities with a view to distribution in an arm’s-length commercial transaction with the Issuer. The underwriter has financial and other interests that differ from those of the Issuer. ο Unlike a municipal advisor, an underwriter does not have a fiduciary duty to the Issuer under the federal securities laws and is, therefore, not required by federal law to act in the best interests of the Issuer without regard to its own financial or other interests. ο The Issuer may choose to engage the services of a municipal advisor with a fiduciary obligation to represent the Issuer’s interest in this transaction. ο The underwriter has a duty to purchase the Securities from the Issuer at a fair and reasonable price but must balance that duty with its duty to sell the Securities to investors at prices that are fair and reasonable. ο The underwriter will review the official statement for the Securities in accordance with, and as a part of, its responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction. • Disclosures Concerning the Underwriter’s Compensation: Payment or receipt of the underwriting fee or discount will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the Securities. While this form of compensation is customary in the municipal securities market, it presents a conflict of interest since the underwriter may have an incentive to recommend to the Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is necessary. Page 3 of 4 • Baird-Specific Conflicts of Interest Disclosures: Baird is a full-service securities firm and as such Baird and its affiliates may from time to time provide advisory, brokerage, consulting and other services and products to municipalities, other institutions, and individuals including the Issuer, certain Issuer officials or employees, and potential purchasers of the Securities for which Baird may receive customary compensation; however, such services are not related to the proposed offering. Baird has previously served as underwriter, placement agent or municipal advisor on other bond offerings and financings for the Issuer and expects to serve in such capacities in the future. Baird may also be engaged from time to time by the Issuer to manage investments for the Issuer (including the proceeds from the proposed offering) through a separate contract that sets forth the fees to be paid to Baird. Baird may compensate its associates for any referrals they have made that resulted in the Issuer’s selection of Baird to serve as underwriter on the proposed offering of the Securities. Baird manages various mutual funds, and from time to time those funds may own bonds and other securities issued by the Issuer (including the Securities). Additionally, clients of Baird may from time to time purchase, hold and sell bonds and other securities issued by the Issuer (including the Securities). In the ordinary course of fixed income trading business, Baird may purchase, sell, or hold a broad array of investments and may actively trade securities and other financial instruments, including the Securities and other municipal bonds, for its own account and for the accounts of customers, with respect to which Baird may receive a mark-up or mark-down, commission or other remuneration. Such investment and trading activities may involve or relate to the offering or other assets, securities and/or instruments of the Issuer and/or persons and entities with relationships with the Issuer. Spouses and other family members of Baird associates may be employed by the Issuer. Baird has not identified any other actual or potential material conflicts of interest. • Disclosures of Material Financial Characteristics and Material Financial Risks. ο Accompanying this letter is a disclosure document describing the material financial characteristics and material financial risks of the Securities as required by MSRB Rule G-17. 4. Term and Termination. The term of this engagement shall extend from the date of this letter to the closing of the offering of the Securities. Notwithstanding the foregoing, either party may terminate Baird’s engagement at any time without liability of penalty upon at least 30 days’ prior written notice to the other party. If Baird’s engagement is terminated by the Issuer, the Issuer agrees to compensate Baird for the services provided and to reimburse Baird for its out-of-pocket expenses incurred until the date of termination. 5. Limitation of Liability. The Issuer agrees that neither Baird nor its employees, officers, agents or affiliates shall have any liability to the Issuer for the services provided hereunder except to the extent it is judicially determined that Baird engaged in gross negligence or willful misconduct. 6. Miscellaneous. This letter shall be governed and construed in accordance with the laws of the State of Illinois. This letter contains the entire agreement between the parties relating to the rights granted herein and obligations assumed herein and supersedes all prior agreements between the parties related to the offering. This letter may not be amended or modified except by means of a written instrument executed by both parties hereto. This letter may not be assigned by either party without the prior written consent of the other party. The Issuer acknowledges that Baird may, at its option and expense and after announcement of the offering, place announcements and advertisements or otherwise publicize a description of the offering and Baird’s role in it on Baird’s website and/or other marketing material and in such financial and other newspapers and journals as it may choose, stating that Baird has acted as underwriter for the offering. The Issuer also agrees that Baird may use the Issuer’s name and logo or official seal for these purposes. In addition, the Issuer agrees that all opinions of counsel written in connection with the offering of the Securities, including but not limited to those opinions from bond counsel and issuer counsel, will include Baird as an addressee or alternatively will be accompanied by letters from such counsel entitling Baird to rely on such opinions. If there is any aspect of this letter that requires further clarification, please do not hesitate to contact us. In addition, please consult your own financial and/or municipal, legal, accounting, tax and other advisors as you deem appropriate. We understand that you have the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest relating to the proposed offering. If our understanding is not correct, please let us know. Page 4 of 4 If the foregoing is consistent with your understanding, please send me an email at dwelkomer@rwbaird.com to acknowledge your receipt of this letter and your agreement with its terms. Again, we thank you for the opportunity to assist you with your proposed offering and the confidence you have placed in us. Very truly yours, ROBERT W. BAIRD & CO. INCORPORATED By:__________________________________ MagDalena Welkomer, Director cc: Mr. Anthony Miceli, Speer Financial Inc. 1 Disclosures of Material Financial Characteristics and Financial Risks of Proposed Offering of General Obligation Bonds Robert W. Baird & Co. Incorporated (“Baird”) has been engaged as underwriter or placement agent for the proposed offering by you (or the “Issuer”) of fixed rate bonds, notes or other debt securities (the “Securities”), to be sold on a negotiated basis. The Securities to be issued will be general obligation notes or bonds. The following is a general description of the financial characteristics and security structures of general obligation bonds, as well as a general description of certain financial risks that you should consider before deciding whether to issue general obligation bonds. This document is being provided to an official of the Issuer who has the authority to bind the Issuer by contract with Baird, who does not have a conflict of interest with respect to the offering. Financial Characteristics The Securities will be general obligations of the Issuer. The Issuer’s full faith and credit and unlimited taxing powers will be pledged to the payment of principal of and interest on the Securities when due. Under current law, taxes may be levied by the Issuer on all taxable property in the county without limitation as to rate or amount. Maturity and Interest. The Securities are interest-bearing debt securities that the Issuer will issue. Maturity dates for the Securities will be fixed at the time of issuance and may include serial maturities (specified principal amounts are payable on the same date in each year until final maturity) or one or more term maturities (specified principal amounts are payable on each term maturity date) or a combination of serial and term maturities. Maturity dates, including the final maturity date, are subject to negotiation and will be reflected in the official statement. The state may impose limitations on the final maturity date. At each maturity, the scheduled principal or par amount of the Securities will have to be repaid. The Securities will pay fixed rates of interest typically semi-annually on scheduled payment dates. The interest rates to be paid on the Securities may differ for each series or maturity date of the Securities. The specific interest rates will be determined based on market conditions and investor demand and reflected in the official statement for the Securities. Securities with longer maturity dates will have interest rates that are greater than securities with shorter maturity dates. Redemption. The Securities may be subject to optional redemption, which allows the Issuer, at its option, to redeem some or all of the Securities on a date prior to scheduled maturity, such as in connection with the issuance of refunding bonds to take advantage of lower interest rates. The Securities will be subject to optional redemption only after the passage of a specified period of time, to be negotiated with investors and reflected in the official statement. The amount and maturities of the Securities to be redeemed will be selected by the Issuer. The redemption price will be equal to 100% of the principal amount being redeemed, plus accrued interest. The Issuer will be required to send out a notice of optional redemption to the holders of the Securities at a certain period of time prior to the redemption date. 2 The Securities may also be subject to mandatory sinking fund redemption, which requires the Issuer to redeem specified principal amounts of the Securities annually in advance of the term maturity date, at a redemption price equal to 100% of the principal amount of the Securities to be redeemed. The Securities may also be subject to extraordinary or mandatory redemption upon the occurrence of certain events, authorizing or requiring you to redeem the Fixed Income Bonds at their par amount (plus accrued interest). Credit Enhancements. Fixed Rate Bonds may feature credit enhancements, such as an insurance policy provided by a municipal bond insurance company that guarantees the payment of principal of an interest on the bonds when due in the event of default. Other credit enhancements could include a letter of credit provided by a financial institution, or financial support from a state agency. Tax Status. If the Securities are tax-exempt, counsel will provide an opinion that the interest on the Securities will be excluded from gross income for federal income tax purposes. If the Securities (or a portion thereof) are taxable, interest on the Securities will be included in gross income for federal and state income tax purposes. Security The Securities are general obligations of the Issuer. “General obligations” are debt securities to which your full faith and credit is pledged to pay principal and interest when due. The basic security for payment of the Securities is the requirement that the Issuer levy ad valorem (property) taxes, which taxes are unlimited as to rate and amount, as needed to pay the debt service on the Securities. The Issuer’s full faith and credit pledge also means that other funds of the Issuer may be used to pay debt service, except if such funds are prohibited from use by state or federal law or specifically limited to another use. The description above regarding “Security” is only a brief summary of certain possible security provisions for the Bonds and is not intended as legal advice. You should consult with your bond counsel for further information regarding the security for the Securities. Financial Risk Considerations Certain risks may arise in connection with your issuance of the Securities, including some or all of the following: Issuer Default Risk You may be in default if the funds pledged to secure the Securities are not sufficient to pay debt service on the Securities when due. The consequences of a default may be serious for you and, depending on applicable state law and the terms of the authorizing documents, the holders of the Securities may be able to exercise a range of available remedies against you. For example, you may be ordered by a court to raise taxes. Other budgetary adjustments also may be necessary to enable you to provide sufficient funds to pay debt service on the Securities. Further, if you are unable to provide sufficient funds to remedy the default, subject to applicable state law and the terms of the authorizing documents, you may find it necessary to consider available alternatives under state law, including bankruptcy or receivership. Bond holders will also have the right of mandamus or other actions to require you to levy, collect and apply taxes to pay 3 principal and interest on the Securities. The State of Illinois may impose debt and/or revenue limits on the Issuer. The Issuer’s payment of debt service on the Securities may be subject to such limits. This description is only a brief summary of issues relating to defaults and is not intended as legal advice. You should consult with your bond counsel for further information regarding defaults and remedies. Redemption Risk Your ability to redeem the Securities prior to maturity may be limited, depending on the terms of any optional redemption provisions. In the event that interest rates decline, you may be unable to take advantage of the lower interest rates to reduce future debt service. In addition, if the Securities are subject to extraordinary or mandatory redemption, you may be required to redeem the bonds at times that are disadvantageous. Refinancing Risk If your financing plan contemplates refinancing some or all of the Securities at maturity (for example, if you have term maturities or if you choose a shorter final maturity than might otherwise be permitted under the applicable federal tax rules), market conditions or changes in law may limit or prevent you from refinancing those Securities when required. Further, limitations in the federal tax rules on advance refunding of bonds (an advance refunding of bonds occurs when tax-exempt bonds are refunded more than 90 days prior to the date on which those bonds may be retired) may restrict your ability to refund the Securities to take advantage of lower interest rates. Reinvestment Risk You may have proceeds to invest prior to the time that you are able to spend those proceeds for the authorized purpose. Depending on market conditions, you may not be able to invest those proceeds at or near the rate of interest that you are paying on the Securities, which is referred to as “negative arbitrage”. Tax Compliance Risk (applicable if the Securities are tax-exempt bonds) The issuance of tax-exempt bonds is subject to a number of requirements under the United States Internal Revenue Code, as enforced by the Internal Revenue Service (IRS), and applicable state tax laws. You must take certain steps and make certain representations prior to the issuance of tax-exempt bonds. You also must covenant to take certain additional actions after issuance of the tax-exempt bonds. A breach of your representations or your failure to comply with certain tax-related covenants may cause the interest on the Securities to become taxable retroactively to the date of issuance of the Securities, which may result in an increase in the interest rate that you pay on the Securities or the mandatory redemption of the Securities. The IRS also may audit you or the Securities or your other bonds, in some cases on a random basis and in other cases targeted to specific types of bond issues or tax concerns. If the Securities are declared taxable, or if you are subject to audit, the market price of the Securities and/or your other bonds may be adversely affected. Further, your ability to issue other tax-exempt bonds also may be limited. This description of tax compliance risks is not intended as legal advice and you should consult with your bond counsel regarding tax implications of issuing the Securities. 4 Continuing Disclosure Risk. In connection with the issuance of the Securities, you may be subject to continuing disclosures which require dissemination of annual financial and operating information and notices of material events. Compliance with these continuing disclosure requirements is important and facilitates an orderly secondary market. Failure to comply with continuing disclosure requirements may affect the liquidity and marketability of the Securities, as well as your other outstanding securities. Because instances of material non-compliance with previous continuing disclosure requirements must be disclosed in an official statement, failure to comply with continuing disclosure requirements may also make it more difficult or expensive for you to market and sell future bonds. Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A, Series 2025B, Series 2025C and Series 2025D Dated: February 19, 2025 Total Issue Sources And Uses Dated 02/19/2025 | Delivered 02/19/2025 GO ARS Bonds, Series 2025A (Water) GO ARS Bonds, Series 2025B (PW) GO ARS Ref Bonds, Series 2025C (14A Ref) GO ARS Ref Bonds, Series 2025D (14 Ref) Issue Summary Sources Of Funds Par Amount of Bonds $25,000,000.00 $37,855,000.00 $2,255,000.00 $1,210,000.00 $66,320,000.00 Reoffering Premium 1,441,572.95 2,430,188.35 149,047.65 54,611.50 4,075,420.45 Total Sources $26,441,572.95 $40,285,188.35 $2,404,047.65 $1,264,611.50 $70,395,420.45 Uses Of Funds Total Underwriter's Discount (0.350%)87,257.19 132,941.12 7,933.36 4,173.22 232,304.89 Costs of Issuance 101,507.00 151,822.00 20,527.00 14,200.00 288,056.00 Deposit to Project Construction Fund 26,252,000.00 40,000,000.00 -- 66,252,000.00 Deposit to Current Refunding Fund -- 2,375,363.14 1,244,675.83 3,620,038.97 Rounding Amount 808.76 425.23 224.15 1,562.45 3,020.59 Total Uses $26,441,572.95 $40,285,188.35 $2,404,047.65 $1,264,611.50 $70,395,420.45 2025 ABCD | Issue Summary | 11/11/2024 | 2:54 PM Speer Financial, Inc. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #8 Tracking Number CC 2024-100 Ordinance Authorizing & Providing for the Issuance of the 2025ABCD Bonds City Council – December 10, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing and providing for the issuance of General Obligation Bonds (Alternate Revenue Source) with an aggregate principal amount not to exceed $68,850,000, allocated as follows:  Series 2025A: $25.0 million for the DWC/Lake Michigan Water Sourcing Project  Series 2025B: $40.0 million for financing a New Public Works/Parks Facility  Series 2025C: $2.50 million to refund the 2014A Game Farm Road Bonds  Series 2025D: $1.35 million to refund the 2014 Countryside TIF Bonds Background The following actions have been taken by the City Council to date regarding the issuance of the 2025ABCD bonds:  January 24, 2023: Council adopted a Reimbursement Resolution (2023-02) enabling the City to reimburse itself for the $1.343 million purchase of a vacant lot (Lot 4) within the Yorkville Business Center. This site, acquired in December of 2022, is intended for the future Public Works and Parks facility.  May 14, 2024:  Council approved Authorizing Ordinances 2024-16 and 2024-18, outlining the intent to issue bonds with a maximum principal amount of $25 million for the Lake Michigan Water Sourcing Project and $40 million for a new Public Works and Parks Facility. These ordinances also included notice of the right to file a backdoor referendum petition within 30 days of publication, as required by State Statute.  A Notice of Intent and a Notice of Public Hearing were published for the two proposed bonds in the Beacon News on May 17, 2024, announcing a public hearing to be held during the May 28th City Council meeting. This publication marked the start of the 30-day backdoor referendum period, which concluded at the end of June.  Council authorized engagement letters for Speer Financial, Inc. to serve as municipal advisor and Saul Ewing, LLP as bond counsel in preparation for upcoming bond issuances. To reduce issuance costs by an estimated total of Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: December 4, 2024 Subject: Ordinance Authorizing the Issuance of the 2025ABCD Bonds $40,000, Council made the strategic decision to combine the issuance of the Water Sourcing Bonds (2025A) and the Public Works/Parks Facility Bonds (2025B) into a single process. Subsequently, on June 11th, Council approved transferring bond counsel services to Croke Fairchild Duarte & Beres LLP, following the relocation of attorneys James Durkin and Randall Kulat from Saul Ewing LLP to their new firm.  May 28, 2024: A public hearing on the Water Sourcing (2025A) and Public Works/Parks Facility (2025B) bonds was held in compliance with the Bond Issuance Notification Act (BINA).  December 10, 2024 (Pending): Council is scheduled to consider resolutions authorizing the engagement of Speer Financial and Croke Fairchild for financial advisory and bond counsel services related to the refunding of the 2014A (2025C) and 2014 (2025D) bonds. Additionally, the Council will deliberate on authorizing the engagement of RW Baird & Company to serve as underwriter for the negotiated sale of the proposed 2025ABCD bonds. To facilitate the issuance of the 2025ABCD bonds, the final step—assuming approval of the engagement letters referenced above—requires Council's approval of the attached ordinance. This ordinance, commonly known as a “parameters ordinance,” enables the Council to authorize the sale of bonds at a later date, provided specific parameters are met. This approach aligns with the process previously utilized for the issuance of the 2023A bonds and several Special Service Area (SSA) bond refundings. The parameters outlined in the ordinance include a maximum principal amount for each potential bond issuance and establishes an annual interest rate ceiling of 5.50%. Additionally, the ordinance defines the permissible uses of bond proceeds and specifies the pledged revenues associated with each issuance. Maximum principal amounts, intended use of proceeds and pledged revenues for each potential bond issue are detailed below: Series 2025A  Maximum Principal: $25.0 million  Intended Use of Proceeds: To finance qualifying projects that enhance the City’s water system, including the replacement of existing water mains, modifications to the raw water main and water treatment plant, and other capital improvements related to the system. This also includes constructing a new water supply line and establishing a connection to the DuPage Water Commission (DWC) for an additional water source.  Pledged Revenues: Net revenues from Water operations, places of eating tax revenues, and the Water Fund Reserves. Series 2025B  Maximum Principal: $40.0 million  Intended Use of Proceeds: To support the construction of a new Public Works/Parks facility, including land acquisition and other capital projects throughout the City.  Pledged Revenues: Income taxes and utility taxes, including revenues from electric utility, natural gas, cable franchise and telecommunications taxes. Series 2025C  Maximum Principal: $2.50 million  Intended Use of Proceeds: To refund the 2014A Game Farm Road bonds.  Pledged Revenues: Municipal sales taxes. Series 2025D  Maximum Principal: $1.35 million  Intended Use of Proceeds: To refund the 2014 Countryside TIF bonds.  Pledged Revenues: Municipal sales taxes and incremental property taxes generated within the Countryside Tax Increment Financing (TIF) District. Assuming passage of the attached ordinance, the marketing of the bonds will begin immediately as part of the underwriting process. This will be followed by the finalization of bond pricing and associated documentation, anticipated by the end of January 2025. Should the City choose to issue any of the bonds for an amount less than the maximum authorized principal, Council may direct staff to adjust the issuance amount at any point prior to the pricing in January. The bond closing for the 2025ABCD bond is currently scheduled for February 19, 2025. In alignment with the City’s established practices, staff intends to allocate the proceeds from the 2025A and 2025B bonds across a range of investment vehicles managed by PMA. These include a collateralized, interest-bearing account at Associated Bank, the I-Prime Fund (an AAA-rated governmental investment pool akin to the Illinois Funds), and FDIC-insured certificates of deposit (CDs). As a reference, preliminary debt service schedules prepared by Speer Financial (Exhibit A) are attached for your review. Please note that these figures are subject to change based on the actual results of the anticipated bond sale in January 2025. The “Total Issue Sources and Uses” table on page 1 offers a comprehensive summary of the inflows (sources of funds) and outflows (uses of funds) for all four potential bond issues. A detailed debt service schedule for the 2025A Lake Michigan Water Sourcing Bonds is presented on page 5. Annual debt service payments, to be made from the (51) Water Fund, are projected to range between $1.08 million and $2.22 million over a 25-year term. The proceeds from this bond issue are expected to be utilized promptly, as the City plans to expend approximately $22.2 million in the first half of 2025 to support the DWC’s construction activities related to Yorkville’s portion of the transmission main costs. Furthermore, this bond issuance will fulfill the City’s 20% funding requirement under the EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) program, providing bridge financing for water sourcing project costs until the City is able to access WIFIA loan proceeds, which is anticipated to occur in the Fall of 2025. A preliminary debt service schedule for the 2025B Public Works/Park Facility Bonds is presented on page 9. Annual debt service payments, to be funded via interfund transfers from the (01) General, (51) Water, and (52) Sewer Funds to the (24) Building & Grounds Fund, are estimated at approximately $2.73 million over the 23-year bond term. The proposed bond proceeds would be utilized over the next two years, with construction of the new facility expected to commence in Spring 2025. Projected debt service comparison schedules for the 2025C and 2025D refunding bonds are detailed on pages 14 and 23. These refunding bonds are currently projected to yield nominal savings of $23,904 (2025C) and $10,006 (2025D). Despite their modest savings, these refunding issues are included as part of the overall bond issuance. Combining them with the larger new- money issuances (2025A and 2025B bonds) minimizes issuance costs and improves administrative efficiency, with the expectation that market conditions during pricing next month may deliver greater savings. However, if these refunding bond issuances generate minimal or negative savings, they can be excluded from the 2025 issuance and deferred to a future time when market conditions are more favorable. Recommendation Staff recommends approval of the attached ordinance authorizing and providing for the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024ABCD. -1- ORDINANCE NO. AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for the issuance of one or more series of general obligation alternate revenue bonds in the aggregate principal amount of not to exceed $68,850,000 for the purposes of paying the costs of enhancing the City’s water delivery system, paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility thereon, and refunding certain of the City’s outstanding alternate revenue bonds, authorizing the execution of one or more bond orders, and providing for the imposition of taxes to pay the same and for the collection, segregation and distribution of certain City revenues for the payment of said bonds. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, is now operating under the provisions of the Illinois Municipal Code, as amended (the “Municipal Code”), and all laws amendatory thereof and supplementary thereto, including, without limitation, the Local Government Debt Reform Act, 30 Illinois Compiled Statues 350, as amended (the “Debt Reform Act”); and WHEREAS, the City has for many years has owned and operated a municipally-owned combined waterworks and sewerage system (the “System”) pursuant to Division 129 of Article 11 of the Municipal Code; and WHEREAS, the Mayor and the City Council of the City (the “Corporate Authorities”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to enhance the System, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water -2- supply line and connection to the DuPage Water Commission for a new source of water (collectively, the “Water Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the Corporate Authorities; and WHEREAS, the estimated costs of the Water Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication costs and other expenses and costs, are estimated by the Corporate Authorities to be not more than $25,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs, nor does it expect to have sufficient funds on hand and lawfully available to pay such costs; and WHEREAS, it is necessary and for the best interests of the City that the Water Project be constructed; and WHEREAS, pursuant to Article 8 and Article 11 of the Municipal Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Water Project, subject to right of backdoor petition for referendum pursuant to the Debt Reform Act; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law (as defined in the Debt Reform Act) to issue revenue bonds under the Municipal Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; and WHEREAS, for the purpose of providing funds to pay the costs of the Water Project and in accordance with the provisions of Division 129 of Article 11 of the Municipal Code, the Corporate Authorities adopted Ordinance No. 2024-16 on May 14, 2024 (the “Authorizing Water Bonds Ordinance”), authorizing the issuance of the City’s water revenue bonds (the “Revenue -3- Bonds”), as provided in the Municipal Code, in an aggregate principal amount not to exceed $25,000,000, and further authorizing the issuance of its general obligation alternate revenue bonds (the “Alternate Water Bonds”) in lieu of the Revenue Bonds, as provided in the Debt Reform Act, in an aggregate principal amount not to exceed $25,000,000; and WHEREAS, on the 17th day of May, 2024, a notice of the adoption of the Authorizing Water Bonds Ordinance (the “Water Bonds Notice”), in statutory form, was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Water Bonds Notice has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, on the 17th day of May, 2024, the Authorizing Water Bonds Ordinance was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Authorizing Water Bonds Ordinance has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, more than thirty (30) days have expired since the date of publication of the Authorizing Water Bonds Ordinance and the Water Bonds Notice, and no petitions with the requisite number of valid signatures thereon have been filed with the City Clerk requesting that the question of the issuance of the Revenue Bonds or the Alternate Water Bonds be submitted to referendum; and WHEREAS, the Water Project constitutes a lawful corporate purpose within the meaning of the Debt Reform Act; and WHEREAS, the Corporate Authorities are now authorized to issue the Revenue Bonds to the maximum aggregate amount of $25,000,000 or, in lieu thereof, the Alternate Water Bonds, to -4- the maximum aggregate amount of $25,000,000 in accordance with the provisions of the Debt Reform Act, and the Corporate Authorities hereby determine that it is necessary and desirable that there be issued at this time the entire authorized amount, being not to exceed $25,000,000 of the Alternate Water Bonds so authorized, for the purpose of providing funds to pay the costs of the Water Project; and WHEREAS, the Alternate Water Bonds to be issued will be payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund (the “Water Fund”), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Water Revenues”) and, if the Pledged Water Revenues are insufficient to pay the Alternate Water Bonds, payable also from ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount (the “Pledged Taxes”); and WHEREAS, the Alternate Water Bonds will be issued on a parity with the Series 2023A Bonds (as hereinafter defined), and will be secured ratably and equally by the Pledged Water Revenues with such Series 2023A Bonds, which Series 2023A Bonds shall be the only outstanding obligations of the City payable from the Pledged Water Revenues on a parity basis with the Alternate Water Bonds following the payment in full on December 30, 2024 of the City’s General Obligation (Alternate Revenue Source) Refunding Bonds, Series 2014C; WHEREAS, the Series 2023A Bonds were issued pursuant to the Series 2023A Bond Ordinance (as hereinafter defined), in which the City expressly reserved the right to issue “Additional Bonds” as therein defined, provided that certain conditions are met; -5- WHEREAS, the Corporate Authorities have heretofore and do hereby determine in accordance with the provisions of the Debt Reform Act that the Pledged Water Revenues will be sufficient to provide for or pay in each year to final maturity of the Alternate Water Bonds all of the following: (1) costs of operation and maintenance of the System, but not including depreciation, (2) debt service on all outstanding revenue bonds payable from the Pledged Water Revenues, (3) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if any, payable from the Pledged Water Revenues, and (5) in each year, an amount not less than 1.25 times debt service on all (i) alternate revenue bonds payable from the Pledged Water Revenues previously issued by the City and then outstanding, and (ii) the Alternate Water Bonds proposed to be issued pursuant to this Ordinance; and WHEREAS, such determination of the sufficiency of the Pledged Water Revenues is supported by reference to the report dated the date hereof (the “Water Report”), of Speer Financial, Inc., Chicago, Illinois (“Speer”), which Water Report has been presented to and accepted by the Corporate Authorities and is now on file with the City Clerk; and WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue Notification Act of the State of Illinois (“BINA”), the Mayor executed an Order on May 14, 2024 calling a public hearing (the “Water Bonds Hearing”) for the 28th day of May, 2024, concerning the intent of the Corporate Authorities to sell not to exceed $25,000,000 General Obligation Alternate Revenue Bonds with respect to the Water Project; and WHEREAS, notice of the Water Bonds Hearing was given (i) by publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Water Bonds Hearing in the Aurora Beacon-News, the same being a newspaper of general circulation in the -6- City, and (ii) by posting at least 48 hours before the Water Bonds Hearing a copy of said notice at the principal office of the Corporate Authorities, which notice was continuously available to the public for the 48-hour period preceding the Water Bonds Hearing; and WHEREAS, on the 17th day of May, 2024, notice of the Water Bonds Hearing was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the notice of the Water Bonds Hearing has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, the Water Bonds Hearing was opened on the 28th day of May, 2024, and at the Water Bonds Hearing the Corporate Authorities explained the reasons for the proposed water bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and WHEREAS, the Water Bonds Hearing was finally adjourned on the 28th day of May, 2024, and not less than seven (7) days have passed since the final adjournment of the Water Bonds Hearing; and WHEREAS, the Corporate Authorities have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to acquire certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, construct a new public works facility thereon, and provide for certain other capital infrastructure projects within the City (collectively, the “Public Works Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the Corporate Authorities; and -7- WHEREAS, the estimated costs of the Public Works Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication costs and other expenses and costs, are estimated by the Corporate Authorities to be not more than $40,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs, nor does it expect to have sufficient funds on hand and lawfully available to pay such costs; and WHEREAS, it is necessary and for the best interests of the City that the Public Works Project be constructed; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever there exists a revenue source (as defined in the Debt Reform Act) for the City, the City may issue its “Alternate Bonds”, being general obligation bonds of the City payable from such revenue source; and WHEREAS, for the purpose of providing funds to pay the costs of the Public Works Project and in accordance with the provisions of Section 15 of the Debt Reform Act, the Corporate Authorities adopted Ordinance No. 2024-18 on May 14, 2024 (the “Authorizing Public Works Ordinance”), authorizing the issuance of the City’s general obligation alternate revenue bonds (the “Public Works Bonds”), as provided in the Debt Reform Act, in an aggregate principal amount not to exceed $40,000,000 and payable from (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Municipal Code or successor taxes -8- thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Municipal Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (collectively, the “Pledged Public Works Revenues”), and, if the Pledged Public Works Revenues are insufficient to pay the Public Works Bonds, payable also from the Pledged Taxes; and WHEREAS, on the 17th day of May, 2024, a notice of the adoption of the Authorizing Public Works Ordinance (the “Public Works Notice”), in statutory form, was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Public Works Notice has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, on the 17th day of May, 2024, the Authorizing Public Works Ordinance was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Authorizing Public Works Ordinance has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, more than thirty (30) days have expired since the date of publication of the Authorizing Public Works Ordinance and the Public Works Notice, and no petitions with the requisite number of valid signatures thereon have been filed with the City Clerk requesting that the question of the issuance of the Public Works Bonds be submitted to referendum; and -9- WHEREAS, pursuant to and in accordance with the provisions of BINA, the Mayor executed an Order on May 14, 2024 calling a public hearing (the “Public Works Bonds Hearing”) for the 28th day of May, 2024, concerning the intent of the Corporate Authorities to sell not to exceed $40,000,000 General Obligation Alternate Revenue Bonds with respect to the Public Works Project; and WHEREAS, notice of the Public Works Bonds Hearing was given (i) by publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Water Bonds Hearing in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and (ii) by posting at least 48 hours before the Public Works Bonds Hearing a copy of said notice at the principal office of the Corporate Authorities; and WHEREAS, on the 17th day of May, 2024, notice of the Public Works Bonds Hearing was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the notice of the Public Works Bonds Hearing has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, the Public Works Bonds Hearing was opened on the 28th day of May, 2024, and at the Public Works Bonds Hearing the Corporate Authorities explained the reasons for the proposed public works bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and WHEREAS, the Public Works Bonds Hearing was finally adjourned on the 28th day of May, 2024, and not less than seven (7) days have passed since the final adjournment of the Public Works Bonds Hearing; and -10- WHEREAS, the Public Works Project constitutes a lawful corporate purpose within the meaning of the Debt Reform Act; and WHEREAS, the Public Works Bonds will be payable from the Pledged Public Works Revenues and the Pledged Taxes; and WHEREAS, pursuant to and in accordance with the provisions of the Debt Reform Act, the City is authorized to issue the Public Works Bonds in the aggregate principal amount of not to exceed $40,000,000 for the purpose of providing funds to pay the costs of the Public Works Project and all related costs and expenses incidental thereto, and the Corporate Authorities hereby determine that it is necessary and desirable that the Public Works Bonds be issued in the aggregate principal amount of $40,000,000; and WHEREAS, the Corporate Authorities have heretofore and it is hereby determined that the Pledged Public Works Revenues will be sufficient to provide or pay in each year to the final maturity of the Public Works Bonds an amount not less than 1.25 times debt service on (i) debt service on all outstanding alternate revenue bonds, if any, previously issued by the City and payable from the Pledged Public Works Revenues, and (ii) the Public Works Bonds proposed to be issued pursuant to this Ordinance; and WHEREAS, such determination of the sufficiency of the Pledged Public Works Revenues is supported by reference to the most recent audit of the City for the fiscal year ending April 30, 2024, which, pursuant to the Debt Reform Act, is for a fiscal year ending not earlier than eighteen (18) months previous to the time of issuance of the Public Works Bonds; and WHEREAS, the City has heretofore issued its General Obligation (Alternate Revenue Source) Bonds, Series 2014A (the “2014A Bonds”), which 2014A Bonds are binding and subsisting legal obligations of the City; and -11- WHEREAS, the 2014A Bonds coming due December 1, 2025 through December 1, 2033 are subject to redemption at the option of the City on any date on and after December 1, 2024, at a redemption price of par, plus accrued interest to the dated fixed for redemption, as provided in the ordinance of the Corporate Authorities authorizing the issuance of the 2014A Bonds; and WHEREAS, the Corporate Authorities have considered and determined that since interest rates are more favorable for the City at this time, it is possible, proper and advisable, and in the best interests of the City, to refund all or a portion of the 2014A Bonds (the “2014A Refunding”) on the date and in the amounts as provided in the relevant Bond Order in order to achieve debt service savings resulting from such favorable interest rates; and WHEREAS, pursuant to the provisions of the Debt Reform Act, and particularly Section 15 thereof (pursuant to which alternate revenue bonds are authorized to be issued), the City may issue its alternate revenue bonds to refund alternate revenue bonds previously issued by the City (such as the 2014A Bonds) without meeting any of the conditions set forth in the Debt Reform Act and Section 15 thereof, provided that the term of the refunding bonds shall not be longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds shall not exceed the debt service payable in such year on the refunded bonds; and WHEREAS, the Corporate Authorities hereby determine that it is necessary and desirable that there be issued at this time alternate bonds in the aggregate amount of not to exceed $2,500,000 (the “Series 2025C Refunding Bonds”) for the 2014A Refunding and in order to effect a savings in debt service; and -12- WHEREAS, the term of the Series 2025C Refunding Bonds shall not be longer than the term of the 2014A Bonds and the debt service payable in any year on the Series 2025C Refunding Bonds shall not exceed the debt service payable in such year on the 2014A Bonds; and WHEREAS, the Series 2025C Refunding Bonds will be payable from the sales taxes received by the City pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer’s Occupation Tax Act, each as supplemented and amended from time to time by the General Assembly of the State of Illinois (collectively, the “Pledged Sales Tax Revenues”), and, if the Pledged Sales Tax Revenues are insufficient to pay the Series 2025C Refunding Bonds, payable also from the Pledged Taxes; and WHEREAS, the Series 2025C Refunding Bonds will be issued on a parity with the Series 2025D Refunding Bonds (as hereinafter defined) with respect to the Pledged Sales Tax Revenues, and be secured ratably and equally by the Pledged Sales Tax Revenues with such Series 2025D Refunding Bonds; WHEREAS, the Series 2025C Refunding Bonds will also be issued on a parity with the Series 2015A Bonds (as hereinafter defined) with respect to the Pledged Sales Tax Revenues, and will be secured ratably and equally by the Pledged Sales Tax Revenues with such Series 2015A Bonds, which Series 2015A Bonds shall be the only outstanding obligations of the City payable from the Pledged Sales Tax Revenues on a parity basis with the Series 2025C Refunding Bonds and the Series 2025D Refunding Bonds; WHEREAS, the Series 2015A Bonds were issued pursuant to the Series 2015A Bond Ordinance (as hereinafter defined), in which the City expressly reserved the right to issue “Additional Bonds” as therein defined, provided that certain conditions are met; -13- WHEREAS, the estimated aggregate costs of the 2014A Refunding, plus all related costs and expenses incidental thereto, is $2,500,000, plus investment earnings thereon; and WHEREAS, the City does not have sufficient funds on hand and lawfully available to provide for the 2014A Refunding and the payment of all related costs and expenses incidental thereto; and WHEREAS, the 2014A Refunding constitutes a lawful corporate purpose within the meaning of the Debt Reform Act; and WHEREAS, the City has heretofore issued its General Obligation (Alternate Revenue Source) Refunding Bonds, Series 2014 (the “2014 Bonds”), which 2014 Bonds are binding and subsisting legal obligations of the City; and WHEREAS, the 2014 Bonds are subject to redemption at the option of the City on any date on and after December 1, 2023, at a redemption price of par, plus accrued interest to the dated fixed for redemption, as provided in the ordinance of the Corporate Authorities authorizing the issuance of the 2014 Bonds; and WHEREAS, the Corporate Authorities have considered and determined that since interest rates are more favorable for the City at this time, it is possible, proper and advisable, and in the best interests of the City, to refund all or a portion of the 2014 Bonds (the “2014 Refunding”) on the date and in the amounts as provided in the relevant Bond Order in order to achieve debt service savings resulting from such favorable interest rates; and WHEREAS, pursuant to the provisions of the Debt Reform Act, and particularly Section 15 thereof (pursuant to which alternate revenue bonds are authorized to be issued), the City may issue its alternate revenue bonds to refund alternate revenue bonds previously issued by the City (such as the 2014 Bonds) without meeting any of the conditions set forth in the Debt -14- Reform Act and Section 15 thereof, provided that the term of the refunding bonds shall not be longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds shall not exceed the debt service payable in such year on the refunded bonds; and WHEREAS, the Corporate Authorities hereby determine that it is necessary and desirable that there be issued at this time alternate bonds in the aggregate amount of not to exceed $1,350,000 (the “Series 2025D Refunding Bonds”) for the 2014 Refunding and in order to effect a savings in debt service; and WHEREAS, the term of the Series 2025D Refunding Bonds shall not be longer than the term of the 2014 Bonds and the debt service payable in any year on the Series 2025D Refunding Bonds shall not exceed the debt service payable in such year on the 2014 Bonds; and WHEREAS, the Series 2025D Refunding Bonds will be payable from (a) the Pledged Sales Tax Revenues, and (b) (i) the incremental property taxes if, as and when received, to be derived from the US Route 34 & IL Route 47 (Countryside Shopping Center) Tax Increment Financing Redevelopment Project Area (the “Countryside TIF Area”) and to be received by the City, and (ii) moneys on deposit in and to the credit of the various accounts of the special tax allocation fund heretofore created for the Countryside TIF Area (collectively, the “Pledged TIF Revenues”) and, if the Pledged Sales Tax Revenues and the Pledged TIF Revenues are insufficient to pay the Series 2025D Refunding Bonds, payable also from the Pledged Taxes; and WHEREAS, the Series 2025D Refunding Bonds will be issued on a parity with the Series 2025C Refunding Bonds with respect to the Pledged Sales Tax Revenues, and be -15- secured ratably and equally by the Pledged Sales Tax Revenues with the Series 2025C Refunding Bonds; WHEREAS, the Series 2025D Refunding Bonds will also be issued on a parity with the Series 2015A Bonds with respect to the Pledged Sales Tax Revenues, and will be secured ratably and equally by the Pledged Sales Tax Revenues with such Series 2015A Bonds, which Series 2015A Bonds shall be the only outstanding obligations of the City payable from the Pledged Sales Tax Revenues on a parity basis with the Series 2025C Refunding Bonds and the Series 2025D Refunding Bonds; WHEREAS, the Series 2015A Bonds were issued pursuant to the Series 2015A Bond Ordinance, in which the City expressly reserved the right to issue “Additional Bonds” as therein defined, provided that certain conditions are met; WHEREAS, the estimated aggregate costs of the 2014 Refunding, plus all related costs and expenses incidental thereto, is $1,350,000, plus investment earnings thereon; and WHEREAS, the City does not have sufficient funds on hand and lawfully available to provide for the 2014 Refunding and the payment of all related costs and expenses incidental thereto; and WHEREAS, the 2014 Refunding constitutes a lawful corporate purpose within the meaning of the Debt Reform Act; and WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as amended (“PTELL”), imposes certain limitations on the “aggregate extension” of certain property taxes levied by the City, but provides that the definition of “aggregate extension” contained in PTELL does not include extensions made for any taxing district subject to PTELL to pay interest or principal on bonds issued under Section 15 of the Debt Reform Act; and -16- WHEREAS, the County Clerk of the County of Kendall, Illinois is therefore authorized to extend and collect said property taxes so levied for the payment of the Water Bonds, the Public Works Bonds, the Series 2025C Refunding Bonds and the Series 2025D Refunding Bonds (collectively, the “Bonds”), as alternate bonds, without limitation as to rate or amount; WHEREAS, the Corporate Authorities deem it necessary and desirable at this time to authorize the sale of one or more series of the Bonds and to authorize the Mayor and the Treasurer of the City to provide for the sale thereof and thereupon to execute one or more Bond Orders (each, a “Bond Order”), all subject to the limitations hereinafter set forth; and WHEREAS, the City shall further set forth the terms of each series of Bonds as provided in the relevant Bond Order. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Definitions The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: “2014 Bonds” means the City’s General Obligation (Alternate Revenue Source) Refunding Bonds, Series 2014 in the original principal amount of $1,235,000 issued on January 6, 2014. “2014A Bonds” means the City’s General Obligation (Alternate Revenue Source) Bonds, Series 2014A in the original principal amount of $4,295,000 issued on August 5, 2014. “2014 Refunding” means the refunding of the 2014 Bonds with the proceeds of the Series 2025D Bonds pursuant to the terms hereof. “2014A Refunding” means the refunding of the 2014A Bonds with the proceeds of the Series 2025C Bonds pursuant to the terms hereof. “2025A Bond Fund” means the 2025A Alternate Bond Fund established hereunder and further described in Section 17 of this Ordinance. -17- “2025A Pledged Revenues Account” means the 2025A Pledged Revenues Account established hereunder and further described in Section 16 of this Ordinance. “2025B Bond Fund” means the 2025B Alternate Bond Fund established hereunder and further described in Section 23 of this Ordinance. “2025C Bond Fund” means the 2025C Alternate Bond Fund established hereunder and further described in Section 27 of this Ordinance. “2025C Pledged Revenues Account” means the 2025C Pledged Revenues Account established hereunder and further described in Section 27 of this Ordinance. “2025D Bond Fund” means the 2025D Alternate Bond Fund established hereunder and further described in Section 31 of this Ordinance. “2025D Pledged Sales Tax Revenues Account” means the 2025D Pledged Sales Tax Revenues Account established hereunder and further described in Section 31 of this Ordinance. “2025D Pledged TIF Revenues Account” means the 2025D Pledged TIF Revenues Account established hereunder and further described in Section 31 of this Ordinance. “Act” means the Local Government Debt Reform Act of the State of Illinois, as amended. “Additional Public Works Revenues Bonds” means any alternate bonds to be issued subsequent in time to the Series 2025B Public Works Bonds in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Public Works Revenues with the Series 2025B Public Works Bonds. “Additional Sales Tax Revenues Bonds” means any alternate bonds to be issued subsequent in time to the Series 2025C Refunding Bonds and/or the Series 2025D Refunding Bonds in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Sales Tax Revenues with the Series 2025A Bonds, the Series 2025C Refunding Bonds, the Series 2025D Refunding Bonds. “Additional TIF Revenue Bonds” means any alternate bonds to be issued subsequent in time to the Series 2025D Refunding Bonds in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged TIF Revenues with the Series 2025D Refunding Bonds. “Additional Water Bonds” means (i) any revenue bonds to be issued subsequent in time to the Series 2025A Water Bonds in accordance with the provisions of the Municipal Code, and (ii) any alternate bonds to be issued subsequent in time to the Series 2025A Water Bonds in accordance with the provisions of the Act, in either case on a parity with and sharing -18- ratably and equally in all or a portion of the Pledged Water Revenues with the Series 2025A Water Bonds and the Series 2023A Bonds. “Additional IEPA Loans” means any revenue bonds payable from the Net Revenues issued subsequent in time to the Series 2025A Water Bonds in connection with an IEPA Loan, issued either subordinate to or on a parity with, and sharing ratably and equally in, the Net Revenues with the IEPA Loans, the Series 2023A Bonds, the Series 2025A Water Bonds or the Additional Water Bonds. “Alternate Bond and Interest Account (Public Works 2025)” means the Alternate Bond and Interest Account (Public Works 2025) established hereunder and further described by Section 21 of this Ordinance. “Alternate Bond and Interest Account (2023)” means the Alternate Bond and Interest Account (2023) established under and further described by Section 11 of the Series 2023 Bond Ordinance. “Alternate Bond and Interest Account (Water)” means the Alternate Bond and Interest Account (2023) continued and renamed pursuant to Section 12 of this Ordinance. “Bond” or “Bonds” means one or more, as applicable, of (i) the Series 2025A Water Bonds, (ii) Series 2025B Public Works Bonds, (iii) the Series 2025C Refunding Bonds, and (iv) the Series 2025D Refunding Bonds. “Bond Order” means any written Bond Order hereinafter authorized to be executed by the Designated Officers and setting forth certain details of the Bonds, the Water Project, the Public Works Project, the 2014 Refunding and the 2014A Refunding as hereinafter provided. “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. “Bond Registrar” means Amalgamated Bank of Chicago, Chicago, Illinois, a bank or trust company having trust powers, or a successor thereto or a successor designated as Bond Registrar hereunder, or such other registrar as may be set forth in the Bond Order. “City” means the United City of Yorkville, Kendall County, Illinois. “Clerk” means the Clerk of the City. “Code” means the Internal Revenue Code of 1986, as amended. “Corporate Authorities” means the City Council of the City. “Countryside TIF Area” means the US Route 34 & IL Route 47 (Countryside Shopping Center) Tax Increment Financing Redevelopment Project Area located within the City. -19- “County Clerk” means the County Clerk of the County of Kendall, Illinois. “Depository” means The Depository Trust Company, New York, New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. “Designated Officers” means the Mayor, the Treasurer, or the Clerk, or any of them acting together, and their respective successors and assigns. “Escrow Agent” means Amalgamated Bank of Chicago, Chicago, Illinois, as escrow agent, or its successors and assigns “Escrow Agreement – 2014 Refunding” means the agreement by and between the City and the Escrow Agent authorized under Section 30 of this Ordinance with respect to the 2014 Refunding. “Escrow Agreement – 2014A Refunding” means the agreement by and between the City and the Escrow Agent authorized under Section 26 of this Ordinance with respect to the 2014A Refunding. “Expense Fund (2025A)” means the fund established hereunder and further described by Section 10 of this Ordinance. “Expense Fund (2025B)” means the fund established hereunder and further described by Section 19 of this Ordinance. “Expense Fund (2025C)” means the fund established hereunder and further described by Section 26 of this Ordinance. “Expense Fund (2025D)” means the fund established hereunder and further described by Section 30 of this Ordinance. “Fiscal Year” means a twelve-month period beginning May 1 of the calendar year and ending on the next succeeding April 30. “Future Water Bond Ordinances” means the ordinances of the City authorizing the issuance of bonds or other debt payable from the Pledged Water Revenues, but not including the Series 2023A Bond Ordinance, this Ordinance or any other ordinance authorizing the issuance of Additional Water Bonds. “Government Securities” means bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America and all securities or obligations, the prompt payment of principal and interest of which is guaranteed by a pledge of the full faith and credit of the United States of America. -20- “Gross Revenues” means all income from whatever source derived from the System, including, without limitation, (i) investment income; (ii) connection, permit and inspection fees and the like; and (iii) penalties and delinquency charges; but expressly excluding (a) non- recurring income from the sale of property of the System; (b) governmental or other grants; (c) advances from or grants made to the City; (d) capital development, reimbursement, or recovery charges and the like; and (e) annexation or pre-annexation charges insofar as designated by the Corporate Authorities as paid for System connection or service; and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. “IEPA” means the Illinois Environmental Protection Agency, or any successor agency under the laws of the State. “IEPA Loans” means, collectively, all from time to time Outstanding loans to the City from the IEPA. “IEPA Loan Account” means any loan account established under any ordinance adopted by the Corporate Authorities from time to time with respect to an IEPA Loan or an Additional IEPA Loan. “Insurer” means any issuer of a municipal bond insurance or financial guaranty policy relating to the Bonds, or any portion or series thereof, as so identified in any Bond Order. “Mayor” means the Mayor of the City. “Municipal Code” means the Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto. “Net Revenues” means Gross Revenues minus Operation and Maintenance Expenses. “Operation and Maintenance Expenses” means all expenses of operating, maintaining and routine repair of the System, including wages, salaries, costs of materials and supplies, power, fuel, insurance, purchase of water (including all payments by the City pursuant to long term contracts for such services as and to the extent provided in such contracts and specifically including all payments to the DuPage Water Commission for the purchase of water); but excluding debt service, depreciation, or any reserve requirements; and otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. “Ordinance” means this Ordinance, numbered as set forth on the title page hereof, passed by the Corporate Authorities on the 10th day of December, 2024, as supplemented and amended. “Outstanding” when used with reference to the Series 2015A Bonds, the Series 2025B Public Works Bonds, the Series 2025C Refunding Bonds, the Series 2025D Refunding Bonds, the Additional Public Works Revenues Bonds, the Additional Sales Tax Revenues Bonds or the Additional TIF Revenue Bonds, means such of those bonds which are outstanding and -21- unpaid; provided, however, such term shall not include any of the Series 2015A Bonds, the Series 2025B Public Works Bonds, the Series 2025C Refunding Bonds, the Series 2025D Refunding Bonds, the Additional Public Works Revenues Bonds, the Additional Sales Tax Revenues Bonds or the Additional TIF Revenue Bonds (i) which have matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal and interest thereon, or (ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds direct, full faith and credit obligations of the United States of America, the principal and interest of which will be sufficient to pay at maturity or as called for redemption all the principal of and interest and applicable premium, if any, on such the Series 2015A Bonds, the Series 2025B Public Works Bonds, the Series 2025C Refunding Bonds, the Series 2025D Refunding Bonds, the Additional Public Works Revenues Bonds, the Additional Sales Tax Revenues Bonds or the Additional TIF Revenue Bonds. “Outstanding” and “Outstanding Water Bonds”, when used solely with reference to any of the Series 2025A Water Bonds, the Series 2023A Bonds, the Additional Water Bonds, the IEPA Loans or the Additional IEPA Loans, means such of those Series 2025A Water Bonds, the Series 2023A Bonds, the Additional Water Bonds, the IEPA Loans or the Additional IEPA Loans which are outstanding and unpaid; provided, however, such term shall not include any of the Series 2025A Water Bonds, the Series 2023A Bonds, the Additional Water Bonds, the IEPA Loans or the Additional IEPA Loans (i) which have matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal and interest thereon, or (ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds direct, full faith and credit obligations of the United States of America, the principal and interest of which will be sufficient to pay at maturity or as called for redemption all the principal of and interest and applicable premium, if any, on the Series 2025A Water Bonds, the Series 2023A Bonds, the Additional Water Bonds, the IEPA Loans and the Additional IEPA Loans. “Paying Agent” means Amalgamated Bank of Chicago, Chicago, Illinois, a bank or trust company having trust powers, or a successor thereto or a successor designated as Paying Agent hereunder. “Places for Eating Tax” means the non-home rule sales tax on the gross receipts for prepared food and beverages sold at retail establishments for immediate consumption imposed by the City pursuant to an ordinance adopted by the Corporate Authorities on June 27, 2023, the revenues from which are to be deposited into the Water Fund. “Pledged Public Works Moneys” means the Pledged Public Works Revenues and the Series 2025B Pledged Taxes, as all of such terms are defined herein. “Pledged Public Works Revenues” means, collectively, (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric -22- utility taxes imposed by the City pursuant to Section 8-11-2 of the Municipal Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Municipal Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. “Pledged Revenues” means, collectively, the Pledged Water Revenues, the Pledged Public Works Revenues, the Pledged Sales Tax Revenues and the Pledged TIF Revenues, or each them, as the case may be. “Pledged Sales Tax Revenues” means the sales taxes received by the City pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer’s Occupation Tax Act, each as supplemented and amended from time to time by the General Assembly of the State of Illinois. “Pledged Taxes” means, collectively, the Series 2025A Pledged Taxes, the Series 2025B Pledged Taxes, the Series 2025C Pledged Taxes and the Series 2025D Pledged Taxes, or each them, as the case may be. “Pledged TIF Revenues” means, collectively, (i) the incremental property taxes if, as and when received, to be derived from the Countryside TIF Area and to be received by the City, and (ii) moneys on deposit in and to the credit of the various accounts of the Special Tax Allocation Fund. “Pledged Water Moneys” means the Pledged Water Revenues and the Series 2025A Pledged Taxes, as all of such terms are defined herein. “Pledged Water Revenues” means, collectively, (i) the Net Revenues, (ii) all collections of the Places for Eating Tax, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund. “Policy” means a municipal bond or financial guaranty insurance policy issued by an Insurer. “Public Works Project” means, collectively, the acquisition of certain real property located within the City, including, without limitation, approximately twelve (12) acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and certain other capital infrastructure projects within the City. “Public Works Project Fund” means the Public Works Project Fund established hereunder and further described in Section 19(c) of this Ordinance. -23- “Public Works Revenue Fund” means the Public Works Revenue Fund established hereunder and further described in Section 20 of this Ordinance. “Purchase Price” means, for each series of Bonds, not less than 98% of par (not including original issue discount) as set forth in the relevant Bond Order. “Purchaser” means Robert W. Baird and Co., Incorporated, Naperville, Illinois or such other purchaser or purchasers of the Bonds identified in the relevant Bond Order, provided that such other purchaser or purchasers shall be a bank or financial institution listed in the Dealers & Underwriters or Municipal Derivatives sections of the most recent edition of The Bond Buyer’s Municipal Marketplace. “Series 2015A Bond Ordinance” means Ordinance Number 2015-53 adopted by the Corporate Authorities on June 23, 2015 authorizing the issuance of the Series 2015A Bonds. “Series 2023A Bond Ordinance” means Ordinance Number 2023-24 adopted by the Corporate Authorities on July 11, 2023 authorizing the issuance of the Series 2023A Bonds. “Series 2015A Bonds” means the $5,575,000 original aggregate principal amount General Obligation Bonds (Alternate Revenue Source), Series 2015A issued by the City pursuant to the Series 2015A Bond Ordinance, less any of said bonds that are no longer “Outstanding” hereunder. “Series 2023A Bonds” means the $9,985,000 original aggregate principal amount General Obligation Bonds (Alternate Revenue Source), Series 2023A issued by the City pursuant to the Series 2023A Bond Ordinance, less any of said bonds that are no longer “Outstanding” hereunder. “Series 2025A Pledged Taxes” means the ad valorem taxes levied against all the taxable property within the City without limitation as to rate or amount, pledged hereunder by the City as security for the Series 2025A Water Bonds. “Series 2025A Water Bond” or “Series 2025A Water Bonds” means one or more, as applicable, of the not to exceed $25,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2025A, authorized to be issued by the City pursuant to this Ordinance or such other designation as set forth in the relevant Bond Order. “Series 2025B Pledged Taxes” means the ad valorem taxes levied against all the taxable property within the City without limitation as to rate or amount, pledged hereunder by the City as security for the Series 2025B Public Works Bonds. “Series 2025B Public Works Bond” or “Series 2025B Public Works Bonds” means one or more, as applicable, of the not to exceed $40,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2025B, authorized to be issued by the City pursuant to this Ordinance or such other designation as set forth in the relevant Bond Order. -24- “Series 2025C Pledged Taxes” means the ad valorem taxes levied against all the taxable property within the City without limitation as to rate or amount, pledged hereunder by the City as security for the Series 2025C Refunding Bonds. “Series 2025C Refunding Bond” or “Series 2025C Refunding Bonds” means one or more, as applicable, of the not to exceed $2,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C, authorized to be issued by the City pursuant to this Ordinance or such other designation as set forth in the relevant Bond Order. “Series 2025C Pledged Moneys” means the Pledged Sales Tax Revenues and the Series 2025C Pledged Taxes, as all of such terms are defined herein. “Series 2025D Pledged Taxes” means the ad valorem taxes levied against all the taxable property within the City without limitation as to rate or amount, pledged hereunder by the City as security for the Series 2025D Refunding Bonds. “Series 2025D Refunding Bond” or “Series 2025D Refunding Bonds” means one or more, as applicable, of the not to exceed $1,350,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D, authorized to be issued by the City pursuant to this Ordinance or such other designation as set forth in the relevant Bond Order. “Series 2025D Pledged Moneys” means the Pledged Sales Tax Revenues, the Pledged TIF Revenues and the Series 2025D Pledged Taxes, as all of such terms are defined herein. “Special Tax Allocation Fund” means the Special Tax Allocation Fund for the Countryside TIF Area heretofore established by the City for the Countryside TIF Area, and expressly continued hereunder. “Speer” means Speer Financial, Inc., Chicago, Illinois. “System” refers to all property, real, personal or otherwise owned or to be owned by the City or under the control of the City, and used for waterworks and sewerage purposes, including any and all further extensions, improvements and additions to the System. “Treasurer” means the Treasurer of the City. “Water Project” means, collectively, the enhancement of the System, including replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. “Water Project Fund” means the Water Project Fund established hereunder and further described in Section 10(c) of this Ordinance. “Water Fund” means the Water Fund of the City continued hereunder and further described in Section 11 of this Ordinance. -25- Section 2. Incorporation of Preambles; Acceptance of Water Report. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are full, true and correct and do incorporate them into this Ordinance by this reference thereto. The Water Report is hereby accepted and approved by the Corporate Authorities, and it is hereby found and determined that Speer is a feasibility analyst having a national reputation for expertise in such matters as the Water Report. Section 3. Determination to Issue Bonds. It is hereby found and determined that it is necessary and in the best interests of the City to borrow money and to issue (a) the Series 2025A Water Bonds in the amount of not to exceed $25,000,000 pursuant to the Municipal Code and the Act for the purpose of paying for the Water Project and all related costs and expenses incidental thereto, (b) the Series 2025B Public Works Bonds in the amount of not to exceed $40,000,000 for the purpose of paying for the Public Works Project and all related costs and expenses incidental thereto, (c) the Series 2025C Refunding Bonds in the aggregate amount of not to exceed $2,500,000 for the purpose of paying for the 2014A Refunding and all related costs and expenses incidental thereto, and (d) the Series 2025D Refunding Bonds in the aggregate amount of not to exceed $1,350,000 for the purpose of paying for the 2014 Refunding and all related costs and expenses incidental thereto, and that such borrowings of money is necessary for the welfare of the government and affairs of the City, is a public purpose and is in the public interest. Section 4. Bond Details. (a) For the purpose of providing for the payment of the costs of the Water Project, and all related costs and expenses incidental thereto, there shall be issued and sold the Series 2025A Water Bonds in the principal amount of not to exceed $25,000,000. The Series 2025A -26- Water Bonds shall each be designated “General Obligation Bonds (Alternate Revenue Source), Series 2025A.” (b) For the purpose of providing for the payment of the costs of the Public Works Project, and all related costs and expenses incidental thereto, there shall be issued and sold the Series 2025B Public Works Bonds in the principal amount of not to exceed $40,000,000. The Series 2025B Public Works Bonds shall each be designated “General Obligation Bonds (Alternate Revenue Source), Series 2025B.” (c) For the purpose of providing for the payment of the costs of the 2014A Refunding and all related costs and expenses incidental thereto, there shall be issued and sold the Series 2025C Refunding Bonds in the aggregate principal amount of not to exceed $2,500,000. The Series 2025C Refunding Bonds shall each be designated “General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C.” (d) For the purpose of providing for the payment of the costs of the 2014 Refunding and all related costs and expenses incidental thereto, there shall be issued and sold the Series 2025D Refunding Bonds in the aggregate principal amount of not to exceed $1,350,000. The Series 2025D Refunding Bonds shall each be designated “General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D.” (e) Each series of the Bonds shall be dated as provided in a Bond Order (such date being the “Dated Date”), and shall also bear the date of authentication thereof, shall be in fully registered form, shall be in denominations of $5,000 each and authorized integral multiples thereof (but no single Bond shall represent installments of principal maturing on more than one date), and shall be numbered R-1 and upward. The Series 2025A Water Bonds and the Series 2025B Public Works Bonds shall bear interest to be payable semiannually on June 30 and December 30 in each year, commencing on June 30, 2025, or on such other dates as may be provided in the relevant Bond Order. The Series 2025C Refunding Bonds and the Series -27- 2025D Refunding Bonds shall bear interest to be payable semiannually on June 1 and December 1 in each year, commencing on June 1, 2025, or on such other dates as may be provided in the relevant Bond Order. (f) Each series of the Bonds shall mature serially and/or as Term Bonds (subject to the right of prior redemption hereinafter stated) on December 30 (or on such other dates as may be provided in the relevant Bond Order) of each of the years and in the amounts and bearing interest at the rates percent per annum as shall be set forth in the relevant Bond Order, provided, however, that: (i) no Bond shall bear interest at a rate percent per annum which is in excess of five and one-half percent (5.5%); (ii) no Series 2025A Water Bond shall mature on a date which is later than December 30, 2055; (iii) no Series 2025B Public Works Bond shall mature on a date which is later than December 30, 2048; (iv) no Series 2025C Refunding Bond shall mature on a date which is later than December 1, 2033 (which is the maturity date of the 2014A Bonds), and the debt service payable in any year on the Series 2025C Refunding Bonds shall not exceed the debt service payable in such year on the 2014A Bonds; (v) no Series 2025D Refunding Bond shall mature on a date which is later than December 1, 2029 (which is the maturity date of the 2014 Bonds), and the debt service payable in any year on the Series 2025D Refunding Bonds shall not exceed the debt service payable in such year on the 2014 Bonds; (vi) the aggregate amount of principal payments on the Series 2025A Water Bonds shall not exceed $2,500,000 in any year and the direct annual tax levy with respect to the Series 2025A Water Bonds shall in no event exceed $2,750,000 per year; and (vii) the aggregate amount of principal payments on the Series 2025B Public Works shall not exceed $2,700,000 in any year and the direct annual tax levy with respect to the Series 2025B Public Works Bonds shall in no event exceed $3,000,000 per year. (g) Each series of the Bonds shall bear interest from the Dated Date or from the -28- most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid or duly provided for, such interest being computed upon the basis of a 360-day year of twelve 30-day months. Interest on each Bond shall be paid by check or draft of the Paying Agent, payable upon presentation in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the 15th day of the month next preceding the interest payment date. The principal of the Bonds shall be payable in lawful money of the United States of America at the principal office maintained for the purpose by the Paying Agent in Chicago, Illinois, or at successor Paying Agent and address. (h) The Bonds shall be signed by the manual or duly authorized facsimile signature of the Mayor, and shall be attested by the manual or duly authorized facsimile signature of the Clerk, and the corporate seal of the City shall be affixed thereto or printed thereon, and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. (i) All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City for this issue and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by the Bond Registrar if signed by an authorized officer of the Bond Registrar, but it -29- shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 5. Redemption. (a) Optional Redemption. If so provided in the Bond Order(s), the Bonds of a series may be subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar and within any maturity by lot), on the date of redemption provided in the applicable Bond Order, and on any date thereafter, at the redemption price of par plus accrued interest to the redemption date or as otherwise provided in the applicable Bond Order. (b) Mandatory Redemption. The Bonds of a series may be subject to mandatory redemption as Term Bonds as set forth in the Bond Order(s). The City covenants that it will redeem any Term Bonds pursuant to any mandatory redemption requirement for such Term Bonds and levy taxes accordingly. (c) Additional Bonds. Additional Public Works Revenues Bonds, Additional Sales Tax Revenues Bonds, Additional TIF Revenue Bonds and Additional Water Bonds hereinafter issued pursuant to the terms hereof may be redeemable at such times and upon such terms as may be determined at the time of authorization thereof. (d) Redemption Procedure. Any Bonds of a series that may be subject to optional or mandatory redemption as set forth in the applicable Bond Order(s) shall be redeemed by the City pursuant to such procedures as set forth in such Bond Order. Section 6. Registration of Bonds; Persons Treated as Owners. (a) General. The City shall cause the Bond Register as provided in this Ordinance to be kept at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, which is hereby constituted and appointed the registrar of the City for this issuance of the Bonds. The City is -30- authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance or any Bond Order. Upon surrender for transfer or exchange of any Bond at the principal office maintained for the purpose by the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond, provided, however, the principal amount of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteenth (15th) day of the month next preceding any interest payment date on such Bond and ending at the opening of business on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or the legal -31- representative of such owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. (b) Global Book-Entry System. The Bonds of each series shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds as set forth in the applicable Bond Order. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of “Cede & Co.”, or any successor thereto, as nominee of the Depository. All of the Bonds from time to time shall be registered in the Bond Register in the name of Cede & Co., as nominee of the Depository. The Bond Registrar is authorized to execute and deliver on behalf of the City such letters to or agreements with the Depository as shall be necessary to effectuate such book-entry system (any such letter or agreement being referred to herein as the “Representation Letter”). Without limiting the generality of the authority given with respect to entering into such Representation Letter, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of the Depository, the City and the Bond Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository -32- holds Bonds from time to time as securities depository (each such broker-dealer, bank or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. The City and the Bond Registrar may treat and consider the person in whose name each Bond is registered in the Bond Register as the absolute owner hereof for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective registered owner of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the payment of the principal of and interest on the Bonds to the extent so paid. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond evidencing the obligation of the City to make payments of principal and interest with respect to any Bond. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new nominee in -33- place of Cede & Co., and subject to the provisions hereof with respect to the payment of interest to the registered owners of Bonds at the close of business on the applicable record date, the name “Cede & Co.” in this Ordinance shall refer to such new nominee of the Depository. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the agreement among the City, the Bond Registrar and the Depository evidenced by the Representation Letter shall be terminated for any reason or (c) the City determines that it is in the best interests of the City or of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Depository and the Depository Participants of the availability of Bond certificates, and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede & Co., as nominee of the Depository. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a book-entry system, as may be acceptable to the City, or such depository’s agent or designee, and if the City does not select such alternate book-entry system, then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of the Depository, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 7. Forms of Bonds. (a) The Series 2025A Water Bonds shall be prepared in substantially the following form: -34- (Form of Series 2025A Water Bond) REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE) SERIES 2025A Interest Maturity Dated Rate: % Date: December 30, Date: , 2025 CUSIP: Registered Owner: Cede & Co. Principal Amount: $ KNOW ALL MEN BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on June 30 and December 30 of each year, commencing June 30, 2025, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the purpose by Amalgamated Bank of Chicago, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar. Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar, at the close of business on the 15th day of the month next preceding each interest payment date and shall be paid by check or draft of the Bond Registrar or by wire transfer, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. This bond and the bonds of the series of which it forms a part (“Bond” and “Bonds” respectively) are part of an authorized issue of Dollars ($ ) of like date and tenor, and are issued pursuant to the Illinois Municipal Code, as amended (the “Municipal Code”), and all laws amendatory thereof and supplementary thereto, and the Local -35- Government Debt Reform Act of the State of Illinois, as amended (the “Act”). The Bonds are issued pursuant to the Act for the purpose of providing for the enhancement of the City’s water supply system (the “System”), including replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water and paying expenses incidental thereto. The Bonds are issued pursuant to an authorizing ordinance passed by the City Council of the City (the “Corporate Authorities”) on the 14th day of May, 2024 and pursuant to Ordinance No. 2024- , passed by the Corporate Authorities on the 10th day of December, 2024 (together with and as supplemented by a Bond Order executed by the Mayor, the “Bond Ordinance”), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the owner by the acceptance of this Bond assents. The Bonds are “alternate bonds” issued pursuant to Section 15 of Act and are payable from (a)(i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Water Revenues”), and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the “Pledged Taxes”) (the Pledged Water Revenues and the Pledged Taxes being collectively called the “Pledged Moneys”), all in accordance with the provisions of the Act and the Municipal Code. The Bonds are issued on a parity with the City’s currently outstanding General Obligation Bonds (Alternate Revenue Source), Series 2023A. The City may issue future revenue bonds, alternate bonds or other debt payable from the Pledged Water Revenues pursuant to the terms of the Bond Ordinance, which bonds or other debt may be issued on a parity with the Bonds and share ratably and equally in the Pledged Water Revenues with the Bonds, pursuant to the terms of the Bond Ordinance, provided provisions of the Act have been satisfied. This Bond does not and will not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall have been paid from the Pledged Water Revenues for a complete Fiscal Year, in accordance with the Act. The Bonds of this issue may be subject to redemption prior to maturity at the option of the City as set forth in the Bond Order. [Bonds maturing on and after ___________, ___, shall be subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, in integral multiples of $5,000, in any order of their maturity as determined by the City (less than all of -36- the Bonds of a single maturity to be selected by the Bond Registrar and within any maturity by lot), on and on any date thereafter, at the redemption price of par plus accrued interest to the redemption date.] [Bonds due on __________ and ____________ are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, without premium, on [June][December] 30 of the years and in the amounts as follows: For the Term Bonds due 30, 20___: YEAR AMOUNT ($) 20___ 20___ with $___________remaining to be paid at maturity in 20__.] This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal office maintained for the purpose by the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the Bond Ordinance. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteenth (15th) day of the month next preceding any interest payment date on such Bond and ending at the opening of business on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all conditions, acts and things required to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, does not exceed any limitation imposed by law; and that provision has been made for the collection of the Pledged Water Revenues, the levy and collection of the Pledged Taxes, and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said -37- Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Bond Ordinance. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of the Mayor of the City and attested by the manual or duly authorized facsimile signature of the Clerk of said City, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. (Facsimile Signature) Mayor (SEAL) Attest: (Facsimile Signature) City Clerk Date of Authentication: , 2025 CERTIFICATE OF AUTHENTICATION Bond Registrar and Paying Agent: Amalgamated Bank of Chicago, Chicago, Illinois This Bond is one of the Bonds described in the within mentioned ordinance and is one of the General Obligation Bonds (Alternate Revenue Source), Series 2025A, of the United City of Yorkville, Kendall County, Illinois. Amalgamated Bank of Chicago, as Bond Registrar By: (Manual Signature) Authorized Officer (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto -38- (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. (End of Form of Series 2025A Water Bond) (b) The Series 2025B Public Works Bonds shall be prepared in substantially the following form: -39- (Form of Series 2025B Public Works Bond) REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE) SERIES 2025B Interest Maturity Dated Rate: % Date: December 30, Date: , 2025 CUSIP: Registered Owner: Cede & Co. Principal Amount: $ KNOW ALL MEN BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on June 30 and December 30 of each year, commencing June 30, 2025, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the purpose by Amalgamated Bank of Chicago, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar. Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar, at the close of business on the 15th day of the month next preceding each interest payment date and shall be paid by check or draft of the Bond Registrar or by wire transfer, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. This bond and the bonds of the series of which it forms a part (“Bond” and “Bonds” respectively) are part of an authorized issue of Dollars ($ ) of like date and tenor, and are issued pursuant to the Illinois Municipal Code, as amended (the “Municipal Code”), and all laws amendatory thereof and supplementary thereto, and the Local -40- Government Debt Reform Act of the State of Illinois, as amended (the “Act”). The Bonds are issued pursuant to the Act for the purpose of paying the cost of the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and for certain other capital infrastructure projects within the City. The Bonds are issued pursuant to an authorizing ordinance passed by the City Council of the City (the “Corporate Authorities”) on the 14th day of May, 2024 and pursuant to Ordinance No. 2024- , passed by the Corporate Authorities on the 10th day of December, 2024 (together with and as supplemented by a Bond Order executed by the Mayor, the “Bond Ordinance”), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the owner by the acceptance of this Bond assents. Under the Municipal Code and the Bond Ordinance, the Pledged Public Works Revenues, as defined herein and in the Bond Ordinance, shall be deposited into the Public Works Tax Revenue Fund of the City (the “Revenue Fund”) and transferred to the Alternate Bond and Interest Account (Public Works 2025) in amounts sufficient to pay debt service on the Bonds, which Account shall be used only and has been pledged for paying the principal of and interest owed on the Bonds. The Bonds are payable from (a) (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Municipal Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Municipal Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (collectively, the “Pledged Public Works Revenues”), and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the “Pledged Taxes”) (the Pledged Public Works Revenues and the Pledged Taxes being collectively called the “Pledged Moneys”), all in accordance with the provisions of the Act and the Municipal Code. Under the Act and the Bond Ordinance, the Pledged Public Works Revenues shall be deposited into and segregated in the Alternate Bond and Interest Account (Public Works 2025) of the Revenue Fund, and the Pledged Taxes shall be deposited into and segregated in the Alternate Bond Fund (Public Works 2025), each as created or continued by the Bond Ordinance. Moneys on deposit in said Account and said Fund shall be used first and are pledged for paying the principal of and interest on the Bonds and then for any further purposes as provided by the terms of the Bond Ordinance. -41- Additional Bonds payable from the Pledged Public Works Revenues may be issued pursuant to the terms of the Bond Ordinance. The Additional Bonds shall share ratably and equally in the Pledged Public Works Revenues with the Bonds, provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act. This Bond does not and will not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall have been paid from the Pledged Public Works Revenues for a complete Fiscal Year, in accordance with the Act. The Bonds of this issue may be subject to redemption prior to maturity at the option of the City as set forth in the Bond Order. [Bonds maturing on and after ___________, ___, shall be subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, in integral multiples of $5,000, in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar and within any maturity by lot), on and on any date thereafter, at the redemption price of par plus accrued interest to the redemption date.] [Bonds due on __________ and ____________ are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, without premium, on [June][December] 30 of the years and in the amounts as follows: For the Term Bonds due 30, 20___: YEAR AMOUNT ($) 20___ 20___ with $___________remaining to be paid at maturity in 20__.] This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal office maintained for the purpose by the Bond Registrar for a like aggregate principal amount of -42- Bonds of the same maturity of other authorized denominations, upon the terms set forth in the Bond Ordinance. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteenth (15th) day of the month next preceding any interest payment date on such Bond and ending at the opening of business on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all conditions, acts and things required to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, does not exceed any limitation imposed by law; and that provision has been made for the collection of the Pledged Public Works Revenues, the levy and collection of the Pledged Taxes, and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Bond Ordinance. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of the Mayor of the City and attested by the manual or duly authorized facsimile signature of the Clerk of said City, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. (Facsimile Signature) Mayor (SEAL) Attest: (Facsimile Signature) City Clerk Date of Authentication: , 2025 -43- CERTIFICATE OF AUTHENTICATION Bond Registrar and Paying Agent: Amalgamated Bank of Chicago, Chicago, Illinois This Bond is one of the Bonds described in the within mentioned ordinance and is one of the General Obligation Bonds (Alternate Revenue Source), Series 2025B, of the United City of Yorkville, Kendall County, Illinois. Amalgamated Bank of Chicago, as Bond Registrar By: (Manual Signature) Authorized Officer (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. (End of Form of Series 2025B Public Works Bond) -44- (c) The Series 2025C Refunding Bonds shall be prepared in substantially the following form: -45- (Form of Series 2025C Refunding Bond) REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION REFUNDING BOND (ALTERNATE REVENUE SOURCE) SERIES 2025C Interest Maturity Dated Rate: % Date: December 30, Date: , 2025 CUSIP: Registered Owner: Cede & Co. Principal Amount: $ KNOW ALL MEN BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on June 1 and December 1 of each year, commencing June 1, 2025, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the purpose by Amalgamated Bank of Chicago, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar. Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar, at the close of business on the 15th day of the month next preceding each interest payment date and shall be paid by check or draft of the Bond Registrar or by wire transfer, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. This bond and the bonds of the series of which it forms a part (“Bond” and “Bonds” respectively) are part of an authorized issue of Dollars ($ ) of like date and tenor, and are issued pursuant to the Illinois Municipal Code, as amended (the “Municipal Code”), and all laws amendatory thereof and supplementary thereto, and the Local -46- Government Debt Reform Act of the State of Illinois, as amended (the “Act”). The Bonds are issued pursuant to the Act for the purpose of paying the cost of refunding certain outstanding alternate revenue bonds previously issued by the City and paying expenses incidental thereto. The Bonds are issued pursuant to Ordinance No. 2024- , passed by the City Council of the City on the 10th day of December, 2024 (together with and as supplemented by a Bond Order executed by the Mayor, the “Bond Ordinance”), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the owner by the acceptance of this Bond assents. Under the Municipal Code and the Bond Ordinance, the Pledged Sales Tax Revenues, as defined herein and in the Bond Ordinance, shall be deposited into 2025C Pledged Revenues Account of the City (the “Revenue Fund”) in amounts sufficient to pay debt service on the Bonds, which Account shall be used only and has been pledged for paying the principal of and interest owed on the Bonds. The Bonds are payable from (a) the sales taxes received by the City pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer’s Occupation Tax Act, each as supplemented and amended from time to time by the General Assembly of the State of Illinois (collectively, the “Pledged Sales Tax Revenues”), and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the “Pledged Taxes”) (the Pledged Sales Tax Revenues and the Pledged Taxes being collectively called the “Pledged Moneys”), all in accordance with the provisions of the Act and the Municipal Code. Under the Act and the Bond Ordinance, the Pledged Sales Tax Revenues shall be deposited into and segregated in the Revenue Fund, and the Pledged Taxes shall be deposited into and segregated in the 2025C Alternate Bond Fund, each as created or continued by the Bond Ordinance. Moneys on deposit in said Account and said Fund shall be used first and are pledged for paying the principal of and interest on the Bonds and then for any further purposes as provided by the terms of the Bond Ordinance. The Bonds are issued on a parity with (i) the City’s General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D (the “Series 2025D Bonds”), and (ii) the City’s currently outstanding General Obligation Bonds (Alternate Revenue Source), Series 2015A (the “Series 2015A Bonds”) with respect to the Pledged Sales Tax Revenues. The City may issue future revenue bonds, alternate bonds or other debt payable from the Pledged Sales Tax Revenues pursuant to the terms of the Bond Ordinance, which bonds or other debt may be issued on a parity with the Bonds and share ratably and equally in the Pledged Sales Tax Revenues with the Bonds, pursuant to the terms of the Bond Ordinance, provided provisions of the Act have been satisfied. Additional Bonds payable from the Pledged Sales Tax Revenues may be issued pursuant to the terms of the Bond Ordinance. The Additional Bonds shall share ratably and equally in the Pledged Sales Tax Revenues with the Series 2025D Bonds, the Series 2015A Bonds and the Bonds, provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act. -47- This Bond does not and will not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall have been paid from the Pledged Sales Tax Revenues for a complete Fiscal Year, in accordance with the Act. The Bonds of this issue may be subject to redemption prior to maturity at the option of the City as set forth in the Bond Order. [Bonds maturing on and after ___________, ___, shall be subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, in integral multiples of $5,000, in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar and within any maturity by lot), on and on any date thereafter, at the redemption price of par plus accrued interest to the redemption date.] [Bonds due on __________ and ____________ are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, without premium, on [June][December] 30 of the years and in the amounts as follows: For the Term Bonds due 30, 20___: YEAR AMOUNT ($) 20___ 20___ with $___________remaining to be paid at maturity in 20__.] This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal office maintained for the purpose by the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the Bond Ordinance. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteenth (15th) day of the month next preceding any interest payment date on such Bond and ending at the opening of business -48- on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all conditions, acts and things required to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, does not exceed any limitation imposed by law; and that provision has been made for the collection of the Pledged Sales Tax Revenues, the levy and collection of the Pledged Taxes, and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Bond Ordinance. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of the Mayor of the City and attested by the manual or duly authorized facsimile signature of the Clerk of said City, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. (Facsimile Signature) Mayor (SEAL) Attest: (Facsimile Signature) City Clerk Date of Authentication: , 2025 CERTIFICATE OF AUTHENTICATION Bond Registrar and Paying Agent: Amalgamated Bank of Chicago, Chicago, Illinois -49- This Bond is one of the Bonds described in the within mentioned ordinance and is one of the General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C, of the United City of Yorkville, Kendall County, Illinois. Amalgamated Bank of Chicago, as Bond Registrar By: (Manual Signature) Authorized Officer (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. (End of Form of Series 2025C Refunding Bond) (d) The Series 2025D Refunding Bonds shall be prepared in substantially the following form: -50- (Form of Series 2025D Refunding Bond) REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION REFUNDING BOND (ALTERNATE REVENUE SOURCE) SERIES 2025D Interest Maturity Dated Rate: % Date: December 30, Date: , 2025 CUSIP: Registered Owner: Cede & Co. Principal Amount: $ KNOW ALL MEN BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on June 1 and December 1 of each year, commencing June 1, 2025, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the purpose by Amalgamated Bank of Chicago, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar. Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar, at the close of business on the 15th day of the month next preceding each interest payment date and shall be paid by check or draft of the Bond Registrar or by wire transfer, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. This bond and the bonds of the series of which it forms a part (“Bond” and “Bonds” respectively) are part of an authorized issue of Dollars ($ ) of like date and tenor, and are issued pursuant to the Illinois Municipal Code, as amended (the “Municipal Code”), and all laws amendatory thereof and supplementary thereto, and the Local -51- Government Debt Reform Act of the State of Illinois, as amended (the “Act”). The Bonds are issued pursuant to the Act for the purpose of paying the cost of refunding certain outstanding alternate revenue bonds previously issued by the City and paying expenses incidental thereto. The Bonds are issued pursuant to Ordinance No. 2024- , passed by the City Council of the City on the 10th day of December, 2024 (together with and as supplemented by a Bond Order executed by the Mayor, the “Bond Ordinance”), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the owner by the acceptance of this Bond assents. Under the Municipal Code and the Bond Ordinance, the Pledged Sales Tax Revenues and the Pledged TIF Revenues, as said terms are defined herein and in the Bond Ordinance, shall be deposited into the 2025D Pledged Sales Tax Revenues Account of the City (the “Sales Tax Revenue Fund”) and the 2025D Pledged TIF Revenues Account (the “TIF Revenue Fund”) in amounts sufficient to pay debt service on the Bonds, which Account shall be used only and has been pledged for paying the principal of and interest owed on the Bonds. The Bonds are payable from (a) the sales taxes received by the City pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer’s Occupation Tax Act, each as supplemented and amended from time to time by the General Assembly of the State of Illinois (collectively, the “Pledged Sales Tax Revenues”), (b) (i) the incremental property taxes if, as and when received, to be derived from the US Route 34 & IL Route 47 (Countryside Shopping Center) Tax Increment Financing Redevelopment Project Area (the “Countryside TIF Area”) and to be received by the City, and (ii) moneys on deposit in and to the credit of the various accounts of the special tax allocation fund heretofore created for the Countryside TIF Area (collectively, the “Pledged TIF Revenues”), and (c) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the “Pledged Taxes”) (the Pledged Sales Tax Revenues, the Pledged TIF Revenues and the Pledged Taxes being collectively called the “Pledged Moneys”), all in accordance with the provisions of the Act and the Municipal Code. Under the Act and the Bond Ordinance, the Pledged Sales Tax Revenues and the Pledged TIF Revenues shall be deposited into and segregated in the Sales Tax Revenue Fund and the TIF Revenue Fund, and the Pledged Taxes shall be deposited into and segregated in the 2025D Alternate Bond Fund, each as created or continued by the Bond Ordinance. Moneys on deposit in said Account and said Fund shall be used first and are pledged for paying the principal of and interest on the Bonds and then for any further purposes as provided by the terms of the Bond Ordinance. The Bonds are issued on a parity with (i) the City’s General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C (the “Series 2025C Bonds”), and (ii) the City’s currently outstanding General Obligation Bonds (Alternate Revenue Source), Series 2015A (the “Series 2015A Bonds”) with respect to the Pledged Sales Tax Revenues. The City may issue future revenue bonds, alternate bonds or other debt payable from the Pledged Sales Tax Revenues pursuant to the terms of the Bond Ordinance, which bonds or other debt may be issued on a parity with the Bonds and share ratably and equally in the Pledged Sales Tax -52- Revenues with the Bonds, pursuant to the terms of the Bond Ordinance, provided provisions of the Act have been satisfied. The City may also issue future revenue bonds, alternate bonds or other debt payable from the Pledged TIF Revenues pursuant to the terms of the Bond Ordinance, which bonds or other debt may be issued on a parity with the Bonds and share ratably and equally in the Pledged TIF Revenues with the Bonds, pursuant to the terms of the Bond Ordinance, provided provisions of the Act have been satisfied. Additional Bonds payable from the Pledged Sales Tax Revenues and/or the Pledged TIF Revenues may be issued pursuant to the terms of the Bond Ordinance. The Additional Bonds shall share ratably and equally in the Pledged Sales Tax Revenues with the Series 2025C Bonds, the Series 2015A Bonds and the Bonds, provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act. The Additional Bonds shall share ratably and equally in the Pledged TIF Revenues with the Bonds, provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act. This Bond does not and will not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall have been paid from the Pledged Sales Tax Revenues and the Pledged TIF Revenues for a complete Fiscal Year, in accordance with the Act. The Bonds of this issue may be subject to redemption prior to maturity at the option of the City as set forth in the Bond Order. [Bonds maturing on and after ___________, ___, shall be subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, in integral multiples of $5,000, in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar and within any maturity by lot), on and on any date thereafter, at the redemption price of par plus accrued interest to the redemption date.] [Bonds due on __________ and ____________ are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, without premium, on [June][December] 30 of the years and in the amounts as follows: For the Term Bonds due 30, 20___: YEAR AMOUNT ($) 20___ 20___ with $___________remaining to be paid at maturity in 20__.] -53- This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal office maintained for the purpose by the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the Bond Ordinance. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteenth (15th) day of the month next preceding any interest payment date on such Bond and ending at the opening of business on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all conditions, acts and things required to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, does not exceed any limitation imposed by law; and that provision has been made for the collection of the Pledged Sales Tax Revenues and the Pledged TIF Revenues, the levy and collection of the Pledged Taxes, and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Bond Ordinance. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of the Mayor of the City and attested by the manual or duly authorized facsimile signature of the Clerk of said City, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. (Facsimile Signature) Mayor -54- (SEAL) Attest: (Facsimile Signature) City Clerk Date of Authentication: , 2025 CERTIFICATE OF AUTHENTICATION Bond Registrar and Paying Agent: Amalgamated Bank of Chicago, Chicago, Illinois This Bond is one of the Bonds described in the within mentioned ordinance and is one of the General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D, of the United City of Yorkville, Kendall County, Illinois. Amalgamated Bank of Chicago, as Bond Registrar By: (Manual Signature) Authorized Officer (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: -55- Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. (End of Form of Series 2025D Refunding Bond) Section 8. Sale of Bonds. The Bonds shall be executed as in this Ordinance provided as soon after the passage hereof as may be, shall be deposited with the Treasurer, and shall be by the Treasurer delivered to the Purchaser, upon receipt of the Purchase Price therefor and upon the terms provided herein and in the Bond Order(s). Authority is hereby delegated to the Mayor and the Treasurer to sell all, but not less than all, of the Bonds to the Purchaser at a negotiated sale and at a purchase price of not less than 98% of par upon their finding that the terms of the Bonds are fair and reasonable in view of current conditions in the bond markets and that the Bonds meet the terms and requirements of this Ordinance. The sale of the Bonds shall be evidenced by one or more Bond Orders which shall be signed by the Mayor or Treasurer. The Clerk is further directed to make available to the Corporate Authorities a copy of the executed Bond Order at the first regularly scheduled meeting of the Corporate Authorities following the execution of the same, but such action shall be for information purposes only, and the Corporate Authorities shall have no right or authority at such time to approve or reject such sale as evidenced in the Bond Order. Nothing in this Section 8 shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance and the conditions of this Section shall have been met. The Designated Officials shall also file with the County Clerk one or more Bond Orders or like document including a statement of property taxes to be levied. -56- The Designated Officers as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, the Bond Order(s) and such other documents of sale of the Bonds as may be necessary, including, without limitation, a Preliminary (or Deemed Final) Official Statement and the Official Statement. The Designated Officers are hereby authorized to execute, without further official action or direction by the Corporate Authorities, such additional documents and closing documents as shall be required to effectuate the delivery of the Bonds, including, without limitation, a Tax Agreement (as hereinafter defined), any bond purchase agreement(s), the Continuing Disclosure Undertaking (as hereinafter defined), and closing documents and certificates. The Mayor or the Treasurer are authorized and directed to execute one or more bond purchase agreements (the “Purchase Contract”) in connection with the sale of the Bonds, in the name of and on behalf of the City. The Purchase Contract shall be substantially in the form of bond purchase agreements commonly used in transactions similar to that described in this Ordinance, with such changes as necessary to reflect the terms and provisions of the Bonds, this Ordinance, the Bond Order(s) and such other changes as the Mayor or Treasurer shall determine are necessary or desirable in connection with the sale of the Bonds, including whether to purchase bond insurance and the related terms. No person holding any office of the City, either by election or appointment, shall, to the best of the knowledge and belief of the Corporate Authorities, after due inquiry, be in any manner financially interested, either directly in his or her own name or indirectly in the name of any other person, association, trust or corporation, in the Purchase Contract. The use by the Purchaser of any Preliminary Official Statement and any Official Statement relating to the Bonds (the “Official Statement”) is hereby ratified, approved and authorized; the execution and delivery of the Official Statement is hereby authorized; and the officers of the Corporate Authorities are hereby authorized to take any action as may be -57- required on the part of the City to consummate the transactions contemplated by the Purchase Contract, this Ordinance, the Bond Order, the Preliminary Official Statement and the Official Statement. The selection and retention of Croke Fairchild Duarte & Beres LLC, Chicago, Illinois, to serve as bond counsel in connection with the issuance of the Bonds is hereby ratified, confirmed and approved. As an additional limitation on the sale of the Series 2025C Refunding Bonds and the Series 2025D Refunding Bonds, (a) Speer must provide a certificate delivered at the closing of the Series 2025C Refunding Bonds that the refunding of the 2014A Bonds will provide an aggregate present value debt service savings to the City resulting from the issuance of the Series 2025C Bonds to refund the 2014A Bonds of not less than two percent (2%) of the par value of the refunded 2014A Bonds, and (b) Speer must provide a certificate delivered at the closing of the Series 2025D Refunding Bonds that the refunding of the 2014 Bonds will provide an aggregate present value debt service savings to the City resulting from the issuance of the Series 2025D Bonds to refund the 2014 Bonds of not less than two percent (2%) of the par value of the refunded 2014 Bonds. Each such report shall demonstrate the amount of such savings and state that such savings target has been met. Section 9. Treatment of Bonds as Debt. (a) The Series 2025A Water Bonds shall be payable from the Pledged Water Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Series 2025A Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Series 2025A Water Bonds, as set forth herein, in which case the amount of the Series 2025A Water Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Series 2025A Water Bonds shall be -58- been paid from the Pledged Water Revenues for a complete Fiscal Year, in accordance with the Act. The City reserves the right to issue Additional Water Bonds pursuant to the terms set forth in Section 13 hereof. (b) The Series 2025B Public Works Bonds shall be payable from the Pledged Public Works Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Series 2025B Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Series 2025B Public Works Bonds, as set forth herein, in which case the amount of the Series 2025B Public Works Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Series 2025B Public Works Bonds shall be been paid from the Pledged Public Works Revenues for a complete Fiscal Year, in accordance with the Act. The City reserves the right to issue Additional Public Works Revenues Bonds from time to time payable from the Pledged Public Works Revenues, and any such Additional Public Works Revenues Bonds shall share ratably and equally in the Pledged Public Works Revenues with the Series 2025B Public Works Bonds; provided, however, that no Additional Public Works Revenues Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Pledged Public Works Revenues shall have been met for the Outstanding Series 2025B Public Works Bonds. (c) The Series 2025C Refunding Bonds shall be payable from the Series 2025C Pledged Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Series 2025C Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Series 2025C Refunding Bonds, as set forth herein, in which case the amount of the Series 2025C -59- Refunding Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Series 2025C Refunding Bonds shall be been paid from the Pledged Sales Tax Revenues for a complete Fiscal Year, in accordance with the Act. The City reserves the right to issue Additional Sales Tax Revenues Bonds from time to time payable from the Pledged Sales Tax Revenues, and any such Additional Sales Tax Revenues Bonds shall share ratably and equally in the Pledged Sales Tax Revenues with the Series 2025C Refunding Bonds, the Series 2025D Refunding Bonds and the Series 2015A Bonds; provided, however, that no Additional Sales Tax Revenues Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Pledged Sales Tax Revenues shall have been met for the Outstanding Series 2025C Refunding Bonds, the Outstanding Series 2025D Refunding Bonds and the Outstanding Series 2015A Bonds. (d) The Series 2025D Refunding Bonds shall be payable from the Series 2025D Pledged Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Series 2025D Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Series 2025D Refunding Bonds, as set forth herein, in which case the amount of the Series 2025D Refunding Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Series 2025D Refunding Bonds shall be been paid from the Pledged Sales Tax Revenues and the Pledged TIF Revenues for a complete Fiscal Year, in accordance with the Act. The City reserves the right to issue Additional Sales Tax Revenues Bonds from time to time payable from the Pledged Sales Tax Revenues, and any such Additional Sales Tax Revenues Bonds shall share ratably and equally in the Pledged Sales Tax Revenues with -60- the Series 2025C Refunding Bonds, the Series 2025D Refunding Bonds and the Series 2015A Bonds; provided, however, that no Additional Sales Tax Revenues Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Pledged Sales Tax Revenues shall have been met for the Outstanding Series 2025C Refunding Bonds, the Outstanding Series 2025D Refunding Bonds and the Outstanding Series 2015A Bonds. The City further reserves the right to issue Additional TIF Revenue Bonds from time to time payable from the Pledged TIF Revenues, and any such Additional TIF Revenue Bonds shall share ratably and equally in the Pledged TIF Revenues with the Series 2025D Refunding Bonds; provided, however, that no Additional TIF Revenue Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Pledged TIF Revenues shall have been met for the Outstanding Series 2025D Refunding Bonds. Section 10. Use of Series 2025A Water Bond Proceeds. The proceeds derived from the sale of the Series 2025A Water Bonds shall be used as follows: (a) Accrued interest, if any, received by the City upon the sale of the Series 2025A Water Bonds shall be remitted by the Treasurer for deposit into the 2025A Pledged Revenues Account and used to pay first interest coming due on the Series 2025A Water Bonds. (b) The City shall then allocate from the Series 2025A Water Bond proceeds the sum necessary for expenses incurred in the issuance of the Series 2025A Water Bonds which shall be deposited into an “Expense Fund (2025A)” to be maintained by the Treasurer and disbursed for such issuance expenses from time to time in accordance with usual City procedures for the disbursement of funds, which disbursements are hereby expressly authorized. Moneys from the Series 2025A Water Bond proceeds not disbursed from the Expense Fund (2025A) within six (6) months shall be transferred by the City for deposit into the Water Project Fund, and any deficiencies in the Expense Fund (2025A) shall be paid by disbursement from the Water Project Fund. (c) The remaining Series 2025A Water Bond proceeds shall be set aside in a separate fund hereby created and designated as the “Water Project Fund” (the “Water Project -61- Fund”), which the City shall maintain as a separate and segregated account. Moneys in said fund shall be withdrawn and disbursed by the City from time to time as needed for the payment of costs of the Water Project, and paying the fees and expenses incidental thereto not paid out of the Expense Fund (2025A). (d) Funds on deposit in the Water Project Fund may be invested by the Treasurer in any lawful manner. All investment earnings in the Water Project Fund shall first be reserved and transferred to such other account as and to the extent necessary to pay any “excess arbitrage profits” or “penalty in lieu of rebate” under Section 148 of the Code to maintain the tax-exempt status of the Series 2025A Water Bonds, and the remainder shall be retained in the Water Project Fund and for payment of costs of the Water Project. (e) If the Water Project has been completed and accepted, the engineer or architect or City officer in responsible charge of the Water Project shall certify to the Corporate Authorities the fact that the work has been completed and accepted, and upon approval of such certification by the Corporate Authorities, funds (if any) remaining in the Water Project Fund shall be credited by the Treasurer to the 2025A Bond Fund for payment of the Series 2025A Water Bonds; and the Water Project Fund shall be closed. Section 11. Continuation of Water Fund and Accounts Thereof. Upon the issuance of any of the Series 2025A Water Bonds, the System shall continue to be operated on a Fiscal Year basis. All of the Gross Revenues shall be set aside as collected and be deposited into a separate fund and in an account in a bank designated by the Corporate Authorities, which fund is hereby expressly continued and is designated as the “Water Fund” (the “Water Fund”) of the City, which shall constitute a trust fund for the purpose, among others, of carrying out the covenants, terms, and conditions of the Series 2023A Bond Ordinance, this Ordinance, the relevant Bond Order and any Future Water Bond Ordinances, and shall be used only in paying Operation and Maintenance Expenses, providing an adequate depreciation fund, paying the principal of and interest on all bonds and other debt of the City which by their terms are payable from the Net Revenues, providing for the continuation or establishment of and expenditure from the respective accounts as hereinafter described, and for such other System- related purposes as may be provided by law and contract. In addition to the Gross Revenues, the revenues received from the collection of the Places for Eating Tax shall be deposited into -62- the Water Fund and credited thereto on or before the first (1st) day of each month by the Treasurer, beginning on February 1, 2025. Section 12. Flow of Funds in Water Fund. There shall be and there are hereby continued or created, as the case may be, separate accounts in the Water Fund to be known as the “Operation and Maintenance Account,” the “Alternate Bond and Interest Account (Water)” (originally referred to as Alternate Bond and Interest Account (2023) under the Series 2023A Bond Ordinance), the “Depreciation Account,” the “Places for Eating Tax Account,” and the “Surplus Account (2025A),” to which there shall be credited on or before the first (1st) day of each month by the Treasurer, without any further official action or direction, in the order in which said accounts are hereinafter mentioned, all moneys held in the Water Fund, in accordance with the following provisions: (a) Operation and Maintenance Account: There shall be deposited and credited to or retained in the Operation and Maintenance Account an amount sufficient, when added to the amount then on deposit in said Account, to establish or maintain a balance to an amount not less than the amount considered necessary to pay Operation and Maintenance Expenses for the then current and the next succeeding month. (b) Alternate Bond and Interest Account (Water): There next shall be deposited and credited to the Alternate Bond and Interest Account (Water) and held, in cash and investments, in each month a fractional amount of the interest becoming due on the next succeeding interest payment date on all Outstanding Water Bonds and also a fractional amount of the principal becoming due on the next succeeding principal maturity date of all of the Outstanding Water Bonds until there shall have been accumulated and held, in cash and investments, in the Alternate Bond and Interest Account (Water) on or before the last day of the month preceding such payment date of interest or maturity date of principal, an amount sufficient to pay such principal or interest, or both, of all Outstanding Water Bonds. Pursuant to Section 12(d), funds in the Places of Eating Tax Account shall be transferred to the Alternate Bond and Interest Account (Water) from time to time in such amounts as the City may deem necessary for the purpose of paying principal or interest, or both, on any interest payment date or maturity date of principal on all Outstanding Water Bonds payable from the Pledged Water Revenues. In computing the fractional amount to be set aside each month in the Alternate Bond and Interest Account (Water), the fraction shall be so computed that sufficient funds will be set aside in said Account (i) in order to abate the Pledged Water Taxes in accordance with the provisions of this Ordinance, and (ii) be available for the prompt payment of such principal of -63- and interest on all Outstanding Water Bonds as will become due and shall be not less than one-fifth of the interest becoming due on the next succeeding interest payment date and not less than one-tenth of the principal becoming due on the next succeeding principal payment date on all Outstanding Water Bonds until there is sufficient money in said Account to pay such principal or interest, or both. Credits to the Alternate Bond and Interest Account (Water) may be suspended in any Fiscal Year at such time as there shall be a sufficient sum, held in cash and investments, in said Account to meet principal and interest requirements in said Account for the balance of such Fiscal Year, but such credits shall again be resumed at the beginning of the next Fiscal Year. All moneys in said Account shall be used only for the purpose of paying interest and principal of Outstanding Water Bonds. Series 2025A Pledged Taxes on deposit in the Alternate Bond and Interest Account (Water) shall be fully spent to pay the principal of and interest on the Series 2025A Water Bonds for which such taxes were levied and collected prior to use of any other moneys on deposit in said Account. Series 2025A Pledged Taxes on deposit in the Alternate Bond and Interest Account (Water) shall only be used to pay the principal of and interest on the Series 2025A Water Bonds for which such taxes were levied and collected. (c) Depreciation Account: There shall be deposited in and credited to the Depreciation Account in each month after the required payments have been made into the accounts described above, such amounts as the City may deem necessary in order to provide an adequate depreciation for the System. Amounts to the credit of said Depreciation Account shall be used for (i) the payment of the cost of extraordinary maintenance, necessary repairs and replacements, or contingencies, the payment for which no other funds are available, in order that the System may at all times be able to render efficient service, and (ii) the payment of principal of or interest on any Outstanding Water Bonds at any time when there are no other funds available for that purpose in order to prevent a default and shall be transferred to the Alternate Bond and Interest Account (Water) or an IEPA Loan Account, as applicable, for such purpose. Whenever an amount is withdrawn from such Account for the purpose stated in clause (ii) of the preceding paragraph, the amount so transferred shall be added to the amount to be next and thereafter credited to said Depreciation Account until full reimbursement to said Account has been made. Each expenditure to be made from such Account for a purpose stated in clause (i) of the preceding paragraph shall be made only after a registered professional engineer employed for that purpose has certified that such expenditure is necessary to the continued effective and efficient operation of the System. (d) Places for Eating Tax Account: There shall be deposited into and credited to the Places for Eating Tax Account in each month the collections from the Places for Eating Tax. Amounts in said Account shall be used only for the purpose of paying principal or interest, or -64- both, on any interest payment date or maturity date of principal on any Outstanding Water Bonds payable from the Pledged Water Revenues, and shall be transferred to the Alternate Bond and Interest Account (Water) from time to time in such amounts as the City may deem necessary for such purpose. (e) Surplus Account (2025A): At the end of the Fiscal Year, all moneys remaining in the Water Fund, after crediting the required amounts to the respective accounts hereinabove provided for, and after making up any deficiency in the accounts described in subsections (a) to (c), inclusive, shall be credited to the Surplus Account (2025A). Funds in the Surplus Account (2025A) shall first be used first to make up any subsequent deficiencies in any of the accounts hereinabove named and then, at the discretion of the Corporate Authorities, shall be used for one or more of the following purposes without any priority among them: (1) For the purpose of making transfers to the Water Fund generally to be applied and treated as Net Revenues when transferred; or (2) For the purpose of constructing or acquiring repairs, replacements, renewals, improvements or extensions to the System; or (3) For the purpose of calling and redeeming Outstanding Water Bonds which are callable at the time; or (4) For the purpose of purchasing Outstanding Water Bonds at the time at a price of not to exceed par and accrued interest to the date of purchase and the then applicable redemption premium, if any, thereon; or (5) For the purpose of paying principal of and interest on any subordinate bonds or obligations issued for the purpose of acquiring or constructing repairs, replacements, renewals, improvements and extensions to the System; or (6) For any other lawful System purpose. (f) Investments. Money to the credit of the Water Fund prior to the monthly accounting and to the credit of the Operations and Maintenance Account may be invested pursuant to any authorization granted to municipal corporations by Illinois statute or court decision. All interest on any funds so invested may be credited to the Water Fund and is hereby deemed and allocated as expended with the next expenditure(s) of money from the Water Fund, or may be credited to the account for which the investment was made; provided, however, the City shall credit such interest in such manner as to not cause the Series 2025A Water Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code and the related Treasury Regulations. (g) Future Water Bond Ordinances. The Corporate Authorities may, at their discretion, adopt Future Water Bond Ordinances which create additional accounts in the Water Fund for the payment and security of water revenue bonds. Amounts in the Water Fund -65- shall be credited to and transferred from said accounts in accordance with the terms of such Future Water Bond Ordinances. Section 13. Additional Water Bonds, Subordinate Water Bonds and Future Water Bond Ordinances. Notwithstanding anything in this Ordinance to the contrary, the City reserves the right to: (a) issue Additional Water Bonds from time to time payable from the Pledged Water Revenues, and any such Additional Water Bonds shall share ratably and equally in the Pledged Water Revenues with the Series 2023A Water Bonds and the Series 2025A Water Bonds; provided, however, that no Additional Water Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Pledged Water Revenues shall have been met for the Outstanding Water Bonds; (b) issue Additional IEPA Loans from time to time payable from the Pledged Water Revenues, and any such Additional IEPA Loans may either be subordinate to or share ratably and equally in the Pledged Water Revenues with the Series 2023A Water Bonds, the Series 2025A Water Bonds, the Additional Water Bonds and the IEPA Loans; (c) issue revenue bonds from time to time payable from the Pledged Water Revenues that are subordinate to the Series 2023A Water Bonds, the Series 2025A Water Bonds, the Additional Water Bonds, IEPA Loans and Additional IEPA Loans, and are payable from the money remaining in the Surplus Account (2025A) after making required deposits into the Alternate Bond and Interest Account (Water); and (d) adopt Future Water Bond Ordinances to provide for the funding of accounts in the Water Fund having a prior and superior lien on the Pledged Water Revenues to the lien of the Alternate Bond and Interest Account (Water). Such accounts may include an account or a series of accounts for the payment of and reserves for the Additional Water Bonds, the IEPA Loans, the Additional IEPA Loans or other obligations of the City payable from the Pledged Water Revenues; operating reserve accounts; renewal, replacement, depreciation, emergency reserve and the like accounts; rate stabilization and like accounts; or capital project accounts. Any such Future Bond Ordinances, or if not applicable, future ordinances of the City, may provide for the Series 2023A Water Bonds and the Series 2025A Water Bonds (and Additional Water Bonds) to be payable from such other or renamed account of the fund or funds related to the System as may be therein described, provided, however, that, in all events, the covenant to provide sufficient Pledged Water Revenues accumulating as herein provided shall continue to be met. Section 14. General Covenants Regarding the System. The City covenants and agrees with the owners of the Outstanding Water Bonds, so long as there are any Outstanding Water Bonds, as follows: -66- (a) The City will maintain the System in good repair and working order, will operate the same efficiently and faithfully, and will punctually perform all duties with respect thereto required by the Constitution and laws of the State and of the United States of America. (b) The City will establish and maintain at all times reasonable fees, charges and rates for the use and service of the System, and will provide for the collection thereof and the segregation and application of the revenues of the System in the manner provided by this Ordinance, sufficient at all times to pay Operation and Maintenance Expenses, to provide an adequate depreciation fund, to pay the principal of and interest on all bonds of the City which by their terms are payable solely from the revenues of the System, and to provide for the creation and maintenance of the respective accounts as provided in this Ordinance; provided, however, that the City need not charge itself for such services if in the previous Fiscal Year, Pledged Water Revenues, not including any payments made by the City, shall have met the requirements of this Ordinance. (c) There shall be charged against all users of the System such rates and amounts for water services as shall be adequate to meet the requirements of this subsection. (d) Whenever the coverage requirement in (b) above is not achieved or Series 2025A Pledged Taxes are extended and collected as provided in this Ordinance, the City covenants to have prepared as soon as practicable a rate and management study for the System by an independent engineer or consultant (experienced with respect to the System) employed for that purpose. (e) The City from time to time will make all needful and proper repairs, replacements, additions, and betterments to the System so that it may at all times be operated properly and advantageously; and when any necessary equipment or facility shall have been worn out, destroyed, or otherwise is insufficient for proper use, it shall be promptly replaced so that the value and efficiency of the System shall be at all times fully maintained. (f) The City will establish such rules and regulations for the control and operation of the System necessary for the safe, lawful, efficient and economical operation thereof. (g) The City will make and keep proper books and accounts (separate and apart from all other records and accounts of said City), in which complete entries shall be made of all transactions relating to the System, and hereby covenants that within ninety (90) days following the close of each Fiscal Year, it will cause the books and accounts of the System to be audited by independent certified public accountants. Said audit will be available for inspection by the owners of any of the Series 2025A Water Bonds. Each such audit, in addition to whatever matters may be thought proper by the accountants to be included therein, shall, without limiting the generality of the foregoing, include the following: (i) A statement in detail of income and expenditures of the System for such Fiscal Year. -67- (ii) A balance sheet as of the end of such Fiscal Year, including a statement of the amount held in each of the accounts of the Water Fund. (iii) A list of all insurance policies in force at the end of the Fiscal Year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer, and the expiration date of the policy. (iv) The number of System customers and users served by the System at the end of the Fiscal Year, the quantity of water supplied by the System and a summary of rates in effect at the end of such Fiscal Year for services of the System and any changes in such rates effective during such Fiscal Year. (v) The accountant’s comment regarding the manner in which the City has carried out the accounting requirements of this Ordinance, and the accountant’s recommendations for any changes or improvements in the operation of the System. (h) The City will keep the books and accounts for the System in accordance with generally accepted fund reporting practices for municipal enterprise funds; provided, however, that the monthly credits to the Alternate Bond and Interest Account (Water), the IEPA Loan Account and the Depreciation Account shall be in cash and said funds shall be held separate and apart in cash and investments. For the purpose of determining whether sufficient cash and investments are on deposit in such accounts under the terms and requirements of this Ordinance, investments shall be valued at the lesser of cost or the market price on the valuation date thereof, which valuation date shall be not less frequently than annually. (i) The City will take no action in relation to the System which would unfavorably affect the security of the Outstanding Water Bonds or the prompt payment of the principal and interest thereon. Any amounts received from the sale of property of the System shall be deposited to the credit of the Depreciation Account. (j) Any owner of a Series 2025A Water Bond may proceed by civil action to compel performance of all duties required by law and this Ordinance, including the making and collecting of sufficient charges and rates for the services supplied by the System and the application of the income and revenue therefrom. (k) The City will carry insurance on the System of the kinds and in the amounts which are usually carried by private parties operating similar properties, covering such risks as shall be recommended by a competent consulting engineer or insurance consultant employed by the City for the purpose of making such recommendations. All moneys received for loss under such insurance policies shall be deposited into the Depreciation Account and used in making good the loss or damage in respect of which they were paid, either by repairing the property damaged or making replacement of the property destroyed, or for other necessary capital improvements and provision for making good such loss or damage shall be made within ninety (90) days from the date of the loss. The payment of premiums for all insurance policies required under the provisions of this covenant shall be considered an Operation and Maintenance Expense. The proceeds derived from any and all policies for workers’ -68- compensation or public liability shall be paid into the Operation and Maintenance Account and used in paying the claims on account of which they were received. (l) The City covenants, to the extent permitted by law, that the City will not grant a franchise or other rights for the operation of any competing water system within the City or the area served by the System. (m) Upon request, the City will provide annual financial statements, including the comprehensive annual financial report, if one is prepared, to any registered owner of the Series 2025A Water Bonds and the Outstanding Water Bonds. Section 15. General Covenants Regarding the Series 2025A Water Bonds. The City covenants and agrees with the owners of the Series 2025A Water Bonds, so long as there are any Outstanding Series 2025A Water Bonds, as follows: (a) For the purpose of providing funds required to pay the interest on the Series 2025A Water Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, the City covenants and agrees with the purchasers and the owners of the Series 2025A Water Bonds that the City will deposit the Pledged Water Revenues into the Water Fund. The Pledged Water Revenues are hereby pledged to the payment of the Series 2025A Water Bonds and the City covenants and agrees to provide for, budget, collect and apply the Pledged Water Revenues to the payment of the Series 2025A Water Bonds and the provision of not less than an additional .25 times debt service, all in accordance with Section 15 of the Act. (b) The City will punctually pay or cause to be paid from the Alternate Bond and Interest Account (Water) and from the 2025A Bond Fund (as hereinafter defined) the principal and interest to become due in respect to the Series 2025A Water Bonds in strict conformity with the terms of the Series 2025A Water Bonds, this Ordinance and the relevant Bond Order, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. (c) The City will pay and discharge, or cause to be paid and discharged, from the Alternate Bond and Interest Account (Water), the 2025A Pledged Revenues Account and the 2025A Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Water Moneys, or any part thereof, or upon any funds in the hands of the Bond Registrar, or which might impair the security of the Series 2025A Water Bonds. Nothing contained herein shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. (d) The City will adopt a budget and approve appropriations for the Water Fund prior to the beginning of each Fiscal Year, subject to all applicable State laws, providing for the payment of all sums to be due in such Fiscal Year so as to comply with the terms of this Ordinance. The budget may include in its estimate of income the use of available surplus moneys or other funds of the City appropriated for such purposes. If during such Fiscal Year -69- there are extraordinary receipts or payments of unusual cost, the City will adopt an amended budget for the remainder of such Fiscal Year, providing for receipts or payments pursuant hereto. (e) The City will preserve and protect the security of the Series 2025A Water Bonds and the rights of the registered owners of the Series 2025A Water Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Series 2025A Water Bonds by the City, the Series 2025A Water Bonds shall be incontestable by the City. (f) The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the better assuring and confirming unto the registered owners of the Series 2025A Water Bonds of the rights and benefits provided herein. (g) As long as any Series 2025A Water Bonds are Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Series 2025A Pledged Taxes and to collect and to segregate the Pledged Water Revenues and the Series 2025A Pledged Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Series 2025A Pledged Taxes can be levied and extended and that the Pledged Water Moneys may be collected and deposited as provided in this Ordinance. (h) Once issued, the Series 2025A Water Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Water Revenues, from the levy of the Series 2025A Pledged Taxes as provided in the Act. Section 16. 2025A Pledged Revenues Account. There is hereby created a special fund of the City, which fund shall held separate and apart from all other funds and accounts of the City and shall be known as the “2025A Pledged Revenues Account” (the “2025A Pledged Revenues Account”). The purpose of the 2025A Pledged Revenues Account is to provide a fund to receive and disburse the Pledged Water Revenues from time to time for the payment of the Series 2025A Water Bonds. All payments with respect to the Series 2025A Water Bonds from the Series 2025A Pledged Taxes shall be made directly from the 2025A Bond Fund (as hereinafter defined). The 2025A Pledged Revenues Account constitutes a trust fund -70- established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. Pledged Water Revenues, other than that portion of the Pledged Water Revenues required for the payment of the Series 2023A Bonds pursuant to the Series 2023A Bond Ordinance, shall be withdrawn from the Water Fund by the City from time to time and shall be deposited into the 2025A Pledged Revenues Account in a timely fashion to permit the abatement of Series 2025A Pledged Taxes as described in Section 18 of this Ordinance and to provide for the timely payment of the principal of and interest on the Series 2025A Water Bonds. Section 17. 2025A Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held by the Paying Agent separate and apart from all other funds and accounts of the City and shall be known as the “2025A Alternate Bond Fund” (the “2025A Bond Fund”). The purpose of the 2025A Bond Fund is to provide a fund to receive and disburse the Series 2025A Pledged Taxes for any (or all) of the Series 2025A Water Bonds. The 2025A Bond Fund constitutes a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. Any Series 2025A Pledged Taxes received by the City with respect to the Series 2025A Water Bonds shall promptly be deposited into the 2025A Bond Fund. Section 18. Abatement of Series 2025A Pledged Taxes. Whenever funds are or will be available to pay any principal of or interest on the Series 2025A Water Bonds when due, so as to enable the abatement of the Series 2025A Pledged Taxes levied for the same, the Corporate Authorities shall direct the deposit of such funds into the Water Fund in an amount sufficient to pay such principal of or interest on the Series 2025A Water Bonds in the next succeeding bond year and shall direct the abatement of the Series 2025A Pledged Taxes. Proper notification of such abatement shall be filed with the County Clerk in a timely manner -71- to effect such abatement. The Corporate Authorities covenant that they will abate the levy of the Series 2025A Pledged Taxes only to the extent of the funding of the Water Fund from the Pledged Water Revenues or other available funds. Section 19. Use of Series 2025B Public Works Bond Proceeds. The proceeds derived from the sale of the Series 2025B Public Works Bonds shall be used as follows: (a) Accrued interest, if any, received by the City upon the sale of the Series 2025B Public Works Bonds shall be remitted by the Treasurer for deposit into the Alternate Bond and Interest Account (Public Works 2025) and used to pay first interest coming due on the Series 2025B Public Works Bonds. (b) The City shall then allocate from the Series 2025B Public Works Bond proceeds the sum necessary for expenses incurred in the issuance of the Series 2025B Public Works Bonds which shall be deposited into an “Expense Fund (2025B)” to be maintained by the Treasurer and disbursed for such issuance expenses from time to time in accordance with usual City procedures for the disbursement of funds, which disbursements are hereby expressly authorized. Moneys from the Series 2025B Public Works Bond proceeds not disbursed from the Expense Fund (2025B) within six (6) months shall be transferred by the City for deposit into the Public Works Project Fund, and any deficiencies in the Expense Fund (2025B) shall be paid by disbursement from the Public Works Project Fund. (c) The remaining Series 2025B Public Works Bond proceeds shall be set aside in a separate fund hereby created and designated as the “Public Works Project Fund” (the “Public Works Project Fund”), which the City shall maintain as a separate and segregated account. Moneys in said fund shall be withdrawn and disbursed by the City from time to time as needed for the payment of costs of the Public Works Project, and paying the fees and expenses incidental thereto not paid out of the Expense Fund (2025B). (d) Funds on deposit in the Public Works Project Fund may be invested by the Treasurer in any lawful manner. All investment earnings in the Public Works Project Fund shall first be reserved and transferred to such other account as and to the extent necessary to pay any “excess arbitrage profits” or “penalty in lieu of rebate” under Section 148 of the Code to maintain the tax-exempt status of the Series 2025B Public Works Bonds, and the remainder shall be retained in the Public Works Project Fund and for payment of costs of the Public Works Project. (e) If the Public Works Project has been completed and accepted, the engineer or architect or City officer in responsible charge of the Public Works Project shall certify to the Corporate Authorities the fact that the work has been completed and accepted, and upon approval of such certification by the Corporate Authorities, funds (if any) remaining in the Public Works Project Fund shall be credited by the Treasurer to the 2025B Bond Fund for payment of the Series 2025B Public Works Bonds; and the Public Works Project Fund shall be closed. -72- Section 20. Public Works Tax Revenue Fund. There shall be and there is hereby created the “Public Works Tax Revenue Fund” (the “Public Works Revenue Fund”). All of the Pledged Public Works Revenues shall be set aside as collected and be deposited into the Public Works Revenue Fund. The Pledged Public Works Revenues shall be immediately deposited upon receipt by the City into the Public Works Revenue Fund. Section 21. Flow of Funds for Public Works Revenue Fund. There shall be and there is hereby created two separate and segregated accounts in the Public Works Revenue Fund known as the “Alternate Bond and Interest Account (Public Works 2025)” (the “Alternate Bond and Interest Account (Public Works 2025)”) and the “Surplus Account (2025B)” (the “Surplus Account (2025B)”). There shall be credited to the Alternate Bond and Interest Account (Public Works 2025) and the Surplus Account (2025B) on or before the first day of each month by the financial officer of the City, without any further official action or direction, in the order in which said accounts are hereinafter mentioned, all moneys held in the Public Works Revenue Fund, in accordance with the following provisions: (a) Alternate Bond and Interest Account (Public Works 2025). All moneys in the Public Works Revenue Fund shall be credited first to the Alternate Bond and Interest Account (Public Works 2025), as follows. There shall be paid into the Alternate Bond and Interest Account (Public Works 2025) in each month the amount of the interest becoming due on the next succeeding interest payment date on the Outstanding Series 2025B Bonds and the amount of the principal becoming due on the next succeeding principal maturity date or mandatory sinking fund redemption date of the Outstanding Series 2025B Bonds until there shall have been accumulated in the Alternate Bond and Interest Account (Public Works 2025) on or before the month preceding such payment date of interest or principal, an amount sufficient to pay such principal or interest, or both, of the Outstanding Series 2025B Bonds on such next succeeding payment date. All moneys in said Account shall be used only for the purpose of paying interest on and principal of the Outstanding Series 2025B Bonds. (b) Surplus Account (2025B). Any funds remaining in the Public Works Revenue Fund after making the aforesaid deposits to the credit of the Alternate Bond and Interest Account (Public Works 2025) shall be transferred to the Surplus Account (2025B). Amounts in the Surplus Account (2025B) shall be used, first, to make up any subsequent deficiencies in -73- the Alternate Bond and Interest Account (Public Works 2025); and then, for the remainder of all surplus Pledged Public Works Revenues, at the discretion of the Corporate Authorities, for one or more of the following purposes without any priority among them: 1. For the purpose of calling and redeeming the Outstanding Series 2025B Bonds payable from the Pledged Public Works Revenues which are callable at the time; or 2. For the purpose of purchasing the Outstanding Series 2025B Bonds payable from the Pledged Public Works Revenues. (c) Release of Pledged Public Works Revenues. After there has been accumulated in the Surplus Account (2025B) an amount equal to 100% of the principal of and interest to accrue on the Outstanding Series 2025B Bonds for the next succeeding Bond Year (June 30 and December 30), any remaining Pledged Public Works Revenues, may be released at the discretion of the Corporate Authorities and used for any lawful public purpose. (d) Investment of Public Works Revenue Fund. Money to the credit of the Public Works Revenue Fund may be invested pursuant to any authorization granted to municipal corporations by Illinois statute or court decision. Section 22. Account Excesses. Any amounts to the credit of the accounts created by Sections 20, 21 and 23 of this Ordinance in excess of the then current requirements therefor may be transferred at any time by the Corporate Authorities to such other account or accounts of the Public Works Revenue Fund as it may in its sole discretion designate. Section 23. 2025B Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held by the Paying Agent separate and apart from all other funds and accounts of the City and shall be known as the “2025B Alternate Bond Fund” (the “2025B Bond Fund”). The purpose of the 2025B Bond Fund is to provide a fund to receive and disburse the Series 2025B Pledged Taxes for any (or all) of the Series 2025B Public Works Bonds. The 2025B Bond Fund constitutes a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. Any Series 2025B Pledged Taxes received by the City shall promptly be deposited into the 2025B Bond Fund. -74- Section 24. General Covenants Regarding the Series 2025B Public Works Bonds. The City covenants and agrees with the owners of the Outstanding Series 2025B Public Works Bonds, so long as there are any Outstanding Series 2025B Public Works Bonds, as follows: (a) The City hereby pledges the Pledged Public Works Revenues to the payment of the Series 2025B Public Works Bonds, and the Corporate Authorities covenant and agree to provide for, collect and apply the Pledged Public Works Revenues to the payment of the Series 2025B Public Works Bonds, and the provision of not less than an additional 0.25 times debt service on the Series 2025B Public Works Bonds, all in accordance with Section 15 of the Act. The determination of the sufficiency of the Pledged Public Works Revenues pursuant to this subsection (a) shall be supported by reference to the annual audit of the City and acceptance of said audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Act have been met. (b) The City will punctually pay or cause to be paid from the Alternate Bond and Interest Account (Public Works 2025) and from the 2025B Bond Fund the principal of, interest on and premium, if any, to become due in respect to the Series 2025B Public Works Bonds in strict conformity with the terms of the Series 2025B Public Works Bonds, this Ordinance and the relevant Bond Order, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. (c) The City will pay and discharge, or cause to be paid and discharged, from the Alternate Bond and Interest Account (Public Works 2025) and the 2025B Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Public Works Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Series 2025B Public Works Bonds. Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. (d) The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, the Pledged Public Works Revenues, related Series 2025B Pledged Taxes, the Alternate Bond and Interest Account (Public Works 2025) and the 2025B Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten percent (10%) of the principal amount of the Outstanding Series 2025B Public Works Bonds or their representatives authorized in writing. (e) The City will preserve and protect the security of the Series 2025B Public Works Bonds and the rights of the registered owners of the Series 2025B Public Works Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Series 2025B Public Works Bonds by the City, the Series 2025B Public Works Bonds shall be incontestable by the City. -75- (f) The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the better assuring and confirming unto the registered owners of the Series 2025B Public Works Bonds of the rights and benefits provided in this Ordinance. (g) As long as any Series 2025B Public Works Bonds are Outstanding, the City will continue to deposit the Pledged Public Works Revenues from the Public Works Revenue Fund to the Alternate Bond and Interest Account (Public Works 2025) and, if necessary, the Series 2025B Pledged Taxes to the 2025B Bond Fund. The City covenants and agrees with the purchasers of the Series 2025B Public Works Bonds and with the registered owners thereof that so long as any Series 2025B Public Works Bonds remain Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Series 2025B Pledged Taxes and to collect and to segregate the Pledged Public Works Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Series 2025B Pledged Taxes can be levied and extended and that the Pledged Public Works Revenues and the Series 2025B Pledged Taxes may be collected and deposited to the Alternate Bond and Interest Account (Public Works 2025) and the 2025B Bond Fund, respectively, as provided herein. (h) Once issued, the Series 2025B Public Works Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Public Works Revenues, from the levy of the Series 2025B Pledged Taxes as provided in the Act. (i) Within six (6) months following the close of each Fiscal Year, the City will cause the accounts created hereunder to be audited by independent certified public accountants in accordance with appropriate audit standards. Said audit will be available for inspection by the holders of any of the Series 2025B Public Works Bonds. Section 25. Abatement of Series 2025B Pledged Taxes. As provided in the Act, whenever the Pledged Public Works Revenues shall have been determined by the Treasurer to provide in any calendar year an amount not less than 1.25 times debt service of all outstanding Series 2025B Public Works Bonds in the next succeeding Bond Year (June 30 and December 30) and whenever monies have been deposited to the credit of the Alternate Bond and Interest Account (Public Works 2025) in an amount sufficient to pay debt service on all outstanding Series 2025B Public Works Bonds in the next succeeding bond year, the Treasurer shall, prior to the time the Series 2025B Pledged Taxes levied in such calendar year are extended, direct -76- the abatement of the Series 2025B Pledged Taxes, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. Section 26. Use of Series 2025C Refunding Bond Proceeds. The proceeds derived from the sale of the Series 2025C Refunding Bonds shall be used as follows: (a) Accrued interest, if any, received by the City upon the sale of the Series 2025C Refunding Bonds shall be remitted by the Treasurer for deposit into the 2025C Pledged Revenues Account of the 2025C Bond Fund, and used to pay first interest coming due on the Series 2025C Refunding Bonds or be deposited into the Escrow Account (2014A) as set forth in the Escrow Agreement – 2014A Refunding. (b) The City shall then allocate from the Series 2025C Refunding Bond proceeds the sum necessary for expenses incurred in the issuance of the Series 2025C Refunding Bonds which shall be deposited into an “Expense Fund (2025C)” to be maintained by the Treasurer and disbursed for such issuance expenses from time to time in accordance with usual City procedures for the disbursement of funds, which disbursements are hereby expressly authorized. Moneys not disbursed from the Expense Fund (2025C) within six (6) months shall be transferred by the City for deposit in the 2025C Pledged Revenues Account, and any deficiencies in the Expense Fund (2025C) shall be paid by disbursement from the 2025C Pledged Revenues Account. (c) The balance of the proceeds of the sale of the Series 2025C Refunding Bonds, together with such money in the debt service fund for the 2014A Bonds as may be advisable for the purpose, shall be used to provide for the 2014A Refunding, and to that end, shall be irrevocably deposited into a separate and segregated escrow account to be established pursuant to the Escrow Agreement – 2014A Refunding to be executed by the Designated Officers, which Escrow Agreement – 2014A Refunding shall be in form as provided by Bond Counsel and approved by the City Attorney and as set forth in the applicable Bond Order. The Designated Officers are hereby authorized and directed to sign the Escrow Agreement in such form, with such changes, insertions, omissions and additions as they shall reasonably determine appropriate and necessary to constitute official approval thereof by the Corporate Authorities, it being the express intent of the Corporate Authorities that no further official action shall be required to approve same. (d) In accordance with the redemption provisions of Ordinance No. 2014-32 adopted by the Corporate Authorities on July 22, 2014, pursuant to which the 2014A Bonds were issued, the City does hereby make provision for the payment of and does call (subject only to the delivery of the Series 2025C Refunding Bonds) for redemption and payment of that portion of the 2014A Bonds which are to be called for redemption prior to maturity as set forth in the Escrow Agreement – 2014A Refunding. Pursuant to the Escrow Agreement – 2014A Refunding, the Escrow Agent shall refund the 2014A Bonds on the redemption date or dates set forth therein. -77- (e) The Escrow Agent, the Purchaser or Speer be and the same hereby are each authorized to act as agent for the City in the purchase of the Government Securities described and set forth in the Escrow Agreement – 2014A Refunding. The City may, at its option, obtain a verification of an accountant as to the sufficiency of the funds deposited into the Escrow Account (2014A) under the Escrow Agreement – 2014A Refunding to accomplish the 2014A Refunding. Section 27. 2025C Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held by the Paying Agent separate and apart from all other funds and accounts of the City and shall be known as the “2025C Alternate Bond Fund” (the “2025C Bond Fund”). The purpose of the 2025C Bond Fund is to provide a fund to receive and disburse the Pledged Sales Tax Revenues for the Series 2025C Bonds and to receive and disburse the Series 2025C Pledged Taxes for any (or all) of the Series 2025C Refunding Bonds. There are hereby created two accounts of the 2025C Bond Fund, designated the “2025C Pledged Revenues Account” and the “Series 2025C Pledged Taxes Account”. All Pledged Sales Tax Revenues as required for the Series 2025C Bonds shall be deposited to the credit of the 2025C Pledged Revenues Account, and all Series 2025C Pledged Taxes shall be deposited to the credit of the Series 2025C Pledged Taxes Account. The 2025C Bond Fund and its respective accounts constitute a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. The Series 2025C Bonds are secured by a pledge of all of the moneys on deposit in the 2025C Bond Fund, and such pledge is irrevocable until the Series 2025C Refunding Bonds have been paid in full or until the obligations of the City are discharged under this Ordinance. Any Series 2025C Pledged Taxes received by the City shall promptly be deposited into the Series 2025C Pledged Taxes Account of the 2025C Bond Fund. Series 2025C Pledged Taxes on deposit to the credit of the Series 2025C Pledged Taxes Account shall be fully spent to pay the principal of and interest on the Series 2025C Refunding Bonds for which such taxes -78- were levied and collected prior to the use of any moneys on deposit in the 2025C Pledged Revenues Account of the 2025C Bond Fund. All Pledged Sales Tax Revenues, other than that portion of the Pledged Sales Tax Revenues required for the payment of (i) the Series 2025D Refunding Bonds pursuant to this Ordinance and (ii) the Series 2015A Bonds pursuant to the Series 2015A Bond Ordinance, as required for the Series 2025C Refunding Bonds shall be credited to the 2025C Pledged Revenues Account of the 2025C Bond Fund and held, in cash and investments, on or before the first day of each month by the Treasurer, without any further action or direction. Each monthly deposit shall be a fractional amount of the interest becoming due on the next succeeding interest payment date on all Series 2025C Refunding Bonds and also a fractional amount of the principal becoming due on the next succeeding maturity date on all Series 2025C Refunding Bonds until there shall have been accumulated and held, in cash and in investments, in the 2025C Pledged Revenues Account on or before the month preceding such maturity date of interest or maturity date of principal, an amount sufficient to pay such principal or interest, or both. In computing the fractional amount to be set aside each month in the 2025C Pledged Revenues Account, the fraction shall be so computed that a sufficient amount will be set aside in said Account and will be available for the prompt payment of such principal of and interest on all Series 2025C Refunding Bonds and shall be not less than one-sixth of the interest becoming due on the succeeding interest payment date and not less than one-twelfth of the principal becoming due on the next succeeding principal payment date of all Series 2025C Refunding Bonds outstanding until there is sufficient money in said Account to pay such principal or interest, or both. Credits to the 2025C Pledged Revenues Account need not be made at such time as there shall be a sufficient sum, held in cash and investments, in said Account to meet principal and -79- interest requirements in said Account on the next two (2) succeeding debt service payment dates on the Series 2025C Refunding Bonds outstanding. Notwithstanding any of the foregoing, if the Corporate Authorities determine that there are Pledged Sales Tax Revenues that will not be needed to either pay debt service on the Series 2025C Refunding Bonds or permit the abatement of the taxes levied in the applicable Bond Order, such Pledged Sales Tax Revenues are not required to be deposited into the 2025C Bond Fund or, if such Pledged Sales Tax Revenues are on deposit therein, the same may at the direction of the Corporate Authorities and to the extent permitted by law, be transferred to another account or fund of the City. Section 28. General Covenants Regarding the Series 2025C Refunding Bonds. The City covenants and agrees with the owners of the Outstanding Series 2025C Refunding Bonds, so long as there are any Outstanding Series 2025C Refunding Bonds, as follows: (a) The City hereby pledges the Pledged Sales Tax Revenues to the payment of the Series 2025C Refunding Bonds, and the Corporate Authorities covenant and agree to provide for, collect and apply the Pledged Sales Tax Revenues to the payment of the Series 2025C Refunding Bonds, and the provision of not less than an additional 0.25 times debt service on the Series 2025C Refunding Bonds, all in accordance with Section 15 of the Act. The determination of the sufficiency of the Pledged Sales Tax Revenues pursuant to this subsection (a) shall be supported by reference to the annual audit of the City and acceptance of said audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Act have been met. (b) The City will punctually pay or cause to be paid from the 2025C Pledged Revenues Account and from the 2025C Bond Fund the principal of, interest on and premium, if any, to become due in respect to the Series 2025C Refunding Bonds in strict conformity with the terms of the Series 2025C Refunding Bonds, this Ordinance and the relevant Bond Order, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. (c) The City will pay and discharge, or cause to be paid and discharged, from the 2025C Pledged Revenues Account and the 2025C Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Series 2025C Pledged Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Series 2025C Refunding Bonds. Nothing herein contained shall require the City -80- to make any such payment so long as the City in good faith shall contest the validity of said claims. (d) The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, the Pledged Sales Tax Revenues, related Series 2025C Pledged Taxes, the 2025C Pledged Revenues Account and the 2025C Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten percent (10%) of the principal amount of the Outstanding Series 2025C Refunding Bonds or their representatives authorized in writing. (e) The City will preserve and protect the security of the Series 2025C Refunding Bonds and the rights of the registered owners of the Series 2025C Refunding Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Series 2025C Refunding Bonds by the City, the Series 2025C Refunding Bonds shall be incontestable by the City. (f) The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the better assuring and confirming unto the registered owners of the Series 2025C Refunding Bonds of the rights and benefits provided in this Ordinance. (g) As long as any Series 2025C Refunding Bonds are Outstanding, the City will continue to deposit the Pledged Sales Tax Revenues into the 2025C Pledged Revenues Account of the 2025D Bond Fund and, if necessary, the Series 2025C Pledged Taxes to the 2025C Bond Fund. The City covenants and agrees with the purchasers of the Series 2025C Refunding Bonds and with the registered owners thereof that so long as any Series 2025C Refunding Bonds remain Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Series 2025C Pledged Taxes and to collect and to segregate the Series 2025C Pledged Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Series 2025C Pledged Taxes can be levied and extended and that the Pledged Sales Tax Revenues and the Series 2025C Pledged Taxes may be collected and deposited to the 2025C Pledged Revenues Account and the 2025C Bond Fund, respectively, as provided herein. (h) Once issued, the Series 2025C Refunding Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Sales Tax Revenues, from the levy of the Series 2025C Pledged Taxes as provided in the Act. (i) Within six (6) months following the close of each Fiscal Year, the City will cause the accounts created hereunder to be audited by independent certified public accountants in accordance with appropriate audit standards. Said audit will be available for inspection by the holders of any of the Series 2025C Refunding Bonds. -81- Section 29. Abatement of Series 2025C Pledged Taxes. As provided in the Act, whenever the Pledged Sales Tax Revenues shall have been determined by the Treasurer to provide in any calendar year an amount not less than 1.25 times debt service of all outstanding Series 2025C Refunding Bonds in the next succeeding Bond Year (June 1 and December 1) and whenever monies have been deposited to the credit of the 2025C Pledged Revenues Account in an amount sufficient to pay debt service on all outstanding Series 2025C Refunding Bonds in the next succeeding bond year, the Treasurer shall, prior to the time the Series 2025C Pledged Taxes levied in such calendar year are extended, direct the abatement of the Series 2025C Pledged Taxes, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. Section 30. Use of Series 2025D Refunding Bond Proceeds. The proceeds derived from the sale of the Series 2025D Refunding Bonds shall be used as follows: (a) Accrued interest, if any, received by the City upon the sale of the Series 2025D Refunding Bonds shall be remitted by the Treasurer for deposit into the 2025D Pledged Sales Tax Revenues Account of the 2025D Bond Fund, and used to pay first interest coming due on the Series 2025D Refunding Bonds or be deposited into the Escrow Account (2014) as set forth in the Escrow Agreement – 2014 Refunding. (b) The City shall then allocate from the Series 2025D Refunding Bond proceeds the sum necessary for expenses incurred in the issuance of the Series 2025D Refunding Bonds which shall be deposited into an “Expense Fund (2025D)” to be maintained by the Treasurer and disbursed for such issuance expenses from time to time in accordance with usual City procedures for the disbursement of funds, which disbursements are hereby expressly authorized. Moneys not disbursed from the Expense Fund (2025D) within six (6) months shall be transferred by the City for deposit in the 2025D Pledged Sales Tax Revenues Account, and any deficiencies in the Expense Fund (2025D) shall be paid by disbursement from the 2025D Pledged Sales Tax Revenues Account. (c) The balance of the proceeds of the sale of the Series 2025D Refunding Bonds, together with such money in the debt service fund for the 2014 Bonds as may be advisable for the purpose, shall be used to provide for the 2014 Refunding, and to that end, shall be irrevocably deposited into a separate and segregated escrow account to be established pursuant to the Escrow Agreement – 2014 Refunding to be executed by the Designated Officers, which Escrow Agreement – 2014 Refunding shall be in form as provided by Bond Counsel and approved by the City Attorney and as set forth in the applicable Bond Order. The Designated -82- Officers are hereby authorized and directed to sign the Escrow Agreement in such form, with such changes, insertions, omissions and additions as they shall reasonably determine appropriate and necessary to constitute official approval thereof by the Corporate Authorities, it being the express intent of the Corporate Authorities that no further official action shall be required to approve same. (d) In accordance with the redemption provisions of Ordinance No. 2013-60 adopted by the Corporate Authorities on October 22, 2013, pursuant to which the 2014 Bonds were issued, the City does hereby make provision for the payment of and does call (subject only to the delivery of the Series 2025D Refunding Bonds) for redemption and payment of that portion of the 2014 Bonds which are to be called for redemption prior to maturity as set forth in the Escrow Agreement – 2014 Refunding. Pursuant to the Escrow Agreement – 2014 Refunding, the Escrow Agent shall refund the 2014 Bonds on the redemption date or dates set forth therein. (e) The Escrow Agent, the Purchaser or Speer be and the same hereby are each authorized to act as agent for the City in the purchase of the Government Securities described and set forth in the Escrow Agreement – 2014 Refunding. The City may, at its option, obtain a verification of an accountant as to the sufficiency of the funds deposited into the Escrow Account (2014) under the Escrow Agreement – 2014 Refunding to accomplish the 2014 Refunding. Section 31. 2025D Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held by the Paying Agent separate and apart from all other funds and accounts of the City and shall be known as the “2025D Alternate Bond Fund” (the “2025D Bond Fund”). The purpose of the 2025D Bond Fund is to provide a fund to receive and disburse the Pledged Sales Tax Revenues and the Pledged TIF Revenues for the Series 2025D Bonds and to receive and disburse the Series 2025D Pledged Taxes for any (or all) of the Series 2025D Refunding Bonds. There are hereby created three accounts of the 2025D Bond Fund, designated the “2025D Pledged Sales Tax Revenues Account”, the “2025D Pledged TIF Revenues Account” and the “Series 2025D Pledged Taxes Account”. All Pledged Sales Tax Revenues as required for the Series 2025D Bonds shall be transferred by the Treasurer and deposited to the credit of the 2025D Pledged Sales Tax Revenues Account, all Pledged TIF Revenues as required for the Series 2025D Bonds shall be transferred by the Treasurer from the Special Tax Allocation Fund and deposited to the credit of the 2025D -83- Pledged TIF Revenues Account, and all Series 2025D Pledged Taxes shall be deposited to the credit of the Series 2025D Pledged Taxes Account. The 2025D Bond Fund and its respective accounts constitute a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. The Series 2025D Bonds are secured by a pledge of all of the moneys on deposit in the 2025D Bond Fund, and such pledge is irrevocable until the Series 2025D Refunding Bonds have been paid in full or until the obligations of the City are discharged under this Ordinance. The Special Tax Allocation Fund is hereby continued as a special fund of the City. Moneys on deposit in the Special Tax Allocation Fund shall, as and if available, and at the times and in the amounts as provided in this Ordinance, be transferred to the 2025D Pledged TIF Revenues Account. The Treasurer is hereby authorized and directed to make such transfers from time to time, first, of Pledged TIF Revenues, and, if such Pledged TIF Revenues are insufficient then to make transfers of Pledged Sales Tax Revenues, as may be necessary, to assure the full and timely abatement of the Series 2025D Pledged Taxes, it being the express intent of the Corporate Authorities that the Pledged TIF Revenues, and, if such Pledged TIF Revenues are insufficient, the Pledged Sales Tax Revenues, or any portion thereof, shall be the source of payment of the interest on and principal of the Series 2025D Refunding Bonds. Any Series 2025D Pledged Taxes received by the City shall promptly be deposited into the Series 2025D Pledged Taxes Account of the 2025D Bond Fund. Series 2025D Pledged Taxes on deposit to the credit of the Series 2025D Pledged Taxes Account shall be fully spent to pay the principal of and interest on the Series 2025D Refunding Bonds for which such taxes were levied and collected prior to the use of any moneys on deposit in the 2025D Pledged Sales Tax Revenues Account and the 2025D Pledged TIF Revenues Account of the 2025D Bond Fund. -84- All Pledged TIF Revenues as required for the Series 2025D Bonds shall be transferred from the Special Tax Allocation Fund and credited to the 2025D Pledged TIF Revenues Account of the 2025D Bond Fund and held, in cash and investments, on or before the first day of each month by the Treasurer, without any further action or direction. Each monthly deposit shall be a fractional amount of the interest becoming due on the next succeeding interest payment date on all Series 2025D Refunding Bonds and also a fractional amount of the principal becoming due on the next succeeding maturity date on all Series 2025D Refunding Bonds until there shall have been accumulated and held, in cash and in investments, in the 2025D Pledged TIF Revenues Account on or before the month preceding such maturity date of interest or maturity date of principal, an amount sufficient to pay such principal or interest, or both. All Pledged Sales Tax Revenues, other than that portion of the Pledged Sales Tax Revenues required for the payment of (i) the Series 2025C Refunding Bonds pursuant to this Ordinance and (ii) the Series 2015A Bonds pursuant to the Series 2015A Bond Ordinance, as required for the Series 2025D Bonds shall be credited to the 2025D Pledged Sales Tax Revenues Account of the 2025D Bond Fund and held, in cash and investments, on or before the first day of each month by the Treasurer, without any further action or direction. Each monthly deposit shall be a fractional amount of the interest becoming due on the next succeeding interest payment date on all Series 2025D Refunding Bonds and also a fractional amount of the principal becoming due on the next succeeding maturity date on all Series 2025D Refunding Bonds until there shall have been accumulated and held, in cash and in investments, in the 2025D Pledged Sales Tax Revenues Account on or before the month preceding such maturity date of interest or maturity date of principal, an amount sufficient to pay such principal or interest, or both. In computing the fractional amount to be set aside each month in the 2025D Pledged -85- TIF Revenues Account and/or the 2025D Pledged Sales Tax Revenues Account, the fraction shall be so computed that a sufficient amount will be set aside in said Accounts and will be available for the prompt payment of such principal of and interest on all Series 2025D Refunding Bonds and shall be not less than one-sixth of the interest becoming due on the succeeding interest payment date and not less than one-twelfth of the principal becoming due on the next succeeding principal payment date of all Series 2025D Refunding Bonds outstanding until there is sufficient money in said Accounts to pay such principal or interest, or both. Credits to the 2025D Pledged TIF Revenues Account and/or the 2025D Pledged Sales Tax Revenues Account need not be made at such time as there shall be a sufficient sum, held in cash and investments, in said Accounts to meet principal and interest requirements in said Accounts on the next two (2) succeeding debt service payment dates on the Series 2025D Refunding Bonds outstanding. Notwithstanding any of the foregoing, if the Corporate Authorities determine that there are Pledged Sales Tax Revenues that will not be needed to either pay debt service on the Series 2025D Refunding Bonds or permit the abatement of the taxes levied in the applicable Bond Order, such Pledged Sales Tax Revenues are not required to be deposited into the 2025D Bond Fund or, if such Pledged Sales Tax Revenues are on deposit therein, the same may at the direction of the Corporate Authorities and to the extent permitted by law, be transferred to another account or fund of the City. Section 32. General Covenants Regarding the Series 2025D Refunding Bonds. The City covenants and agrees with the owners of the Outstanding Series 2025D Refunding Bonds, so long as there are any Outstanding Series 2025D Refunding Bonds, as follows: (a) The City hereby pledges the Pledged TIF Revenues and the Pledged Sales Tax Revenues to the payment of the Series 2025D Refunding Bonds, and the Corporate Authorities -86- covenant and agree to provide for, collect and apply the Pledged TIF Revenues and the Pledged Sales Tax Revenues to the payment of the Series 2025D Refunding Bonds, and the provision of not less than an additional 0.25 times debt service on the Series 2025D Refunding Bonds, all in accordance with Section 15 of the Act. The City hereby pledges to first apply all available Pledged TIF Revenues to the payment of the Series 2025D Refunding Bonds, and, if such amounts of such Pledged TIF Revenues are insufficient, to apply the Pledged Sales Tax Revenues to the payment of the Series 2025D Refunding Bonds. The determination of the sufficiency of the Pledged TIF Revenues and/or the Pledged Sales Tax Revenues pursuant to this subsection (a) shall be supported by reference to the annual audit of the City and acceptance of said audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Act have been met. (b) The City will punctually pay or cause to be paid from the 2025D Pledged Revenues Account and from the 2025D Bond Fund the principal of, interest on and premium, if any, to become due in respect to the Series 2025D Refunding Bonds in strict conformity with the terms of the Series 2025D Refunding Bonds, this Ordinance and the relevant Bond Order, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. (c) The City will pay and discharge, or cause to be paid and discharged, from 2025D Pledged TIF Revenues Account, the 2025D Pledged Sales Tax Revenues Account and the 2025D Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Series 2025D Pledged Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Series 2025D Refunding Bonds. Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. (d) The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, the Pledged TIF Revenues, the Pledged Sales Tax Revenues, related Series 2025D Pledged Taxes, the 2025D Pledged TIF Revenues Account, the 2025D Pledged Sales Tax Revenues Account and the 2025D Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten percent (10%) of the principal amount of the Outstanding Series 2025D Refunding Bonds or their representatives authorized in writing. (e) The City will preserve and protect the security of the Series 2025D Refunding Bonds and the rights of the registered owners of the Series 2025D Refunding Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Series 2025D Refunding Bonds by the City, the Series 2025D Refunding Bonds shall be incontestable by the City. (f) The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the -87- better assuring and confirming unto the registered owners of the Series 2025D Refunding Bonds of the rights and benefits provided in this Ordinance. (g) As long as any Series 2025D Refunding Bonds are Outstanding, the City will continue to deposit, first, the Pledged TIF Revenues into the 2025D Pledged TIF Revenues Account of the 2025D Bond Fund, and, if necessary, the Pledged Sales Tax Revenues into the 2025D Pledged Sales Tax Revenues Account of the 2025D Bond Fund and, if necessary, the Series 2025D Pledged Taxes to the 2025D Bond Fund. The City covenants and agrees with the purchasers of the Series 2025D Refunding Bonds and with the registered owners thereof that so long as any Series 2025D Refunding Bonds remain Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Series 2025D Pledged Taxes and to collect and to segregate the Series 2025D Pledged Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Series 2025D Pledged Taxes can be levied and extended and that the Pledged TIF Revenues, the Pledged Sales Tax Revenues and the Series 2025D Pledged Taxes may be collected and deposited to the 2025D Pledged TIF Revenues Account, the 2025D Pledged Sales Tax Revenues Account and the 2025D Bond Fund, respectively, as provided herein. (h) Once issued, the Series 2025D Refunding Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged TIF Revenues and the Pledged Sales Tax Revenues, from the levy of the Series 2025D Pledged Taxes as provided in the Act. (i) Within six (6) months following the close of each Fiscal Year, the City will cause the accounts created hereunder to be audited by independent certified public accountants in accordance with appropriate audit standards. Said audit will be available for inspection by the holders of any of the Series 2025D Refunding Bonds. Section 33. Abatement of Series 2025D Pledged Taxes. As provided in the Act, whenever the Pledged TIF Revenues and the Pledged Sales Tax Revenues shall have been determined by the Treasurer to provide in any calendar year an amount not less than 1.25 times debt service of all outstanding Series 2025D Refunding Bonds in the next succeeding Bond Year (June 1 and December 1) and whenever monies have been deposited to the credit of the 2025D Pledged TIF Revenues Account and the 2025D Pledged Revenues Account in an amount sufficient to pay debt service on all outstanding Series 2025D Refunding Bonds in the next succeeding bond year, the Treasurer shall, prior to the time the Series 2025D Pledged Taxes levied in such calendar year are extended, direct the abatement of the Series 2025D -88- Pledged Taxes, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. Section 34. Pledged Taxes; Tax Levy. For the purpose of providing additional funds required to pay the interest and principal on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, and as provided in Section 15 of the Act, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose as provided in the relevant Bond Order; and there be and there hereby is hereby levied on all of the taxable property in the City the direct annual taxes as provided in the relevant Bond Order, provided, however, that the aggregate amount of Series 2025A Pledged Taxes levied for any one year with respect to the Series 2025A Water Bonds shall not exceed $2,750,000 and the aggregate amount of Series 2025B Pledged Taxes levied for any one year with respect to the Series 2025B Public Works Bonds shall not exceed $3,000,000. These taxes shall be in addition to and in excess of all other taxes levied by the City. Following any extension of Pledged Taxes, interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes levied pursuant to the relevant Bond Order; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the Purchaser and registered owners of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to collect the respective Pledged Revenues or to levy and collect the respective Pledged Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that -89- the Pledged Revenues will be available and that the Pledged Taxes will be levied, extended and collected as provided herein, and deposited into the applicable fund or account as set forth in this Ordinance. Section 35. Filing with County Clerk. Promptly, as soon as this Ordinance and each Bond Order becomes effective, a copy of this Ordinance and each Bond Order, each as certified by the City Clerk, shall be filed with the County Clerk; and said County Clerk shall in and for each of the levy years as provided in the relevant Bond Order ascertain the rate percent required to produce the aggregate Pledged Taxes provided by such Bond Orders to be levied in each of said years; and said County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and the County Clerk, or other appropriate officer or designee, shall remit the Pledged Taxes for deposit to the credit of the applicable fund or account as set forth in this Ordinance, and in said years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for said years are levied and collected, and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used only for the purpose of paying principal of and interest on the Bonds. It is hereby expressly provided that in the event there shall be moneys both to the credit of the Alternate Bond and Interest Account (Water) and the 2025A Bond Fund, the 2025A Bond Fund shall be fully depleted before moneys to the credit of the Alternate Bond and Interest Account (Water) shall be used to pay principal of and interest on the Series 2025A Water Bonds. Section 36. Defeasance of Bonds. Any Bond which (a) is paid and cancelled, (b) which has matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon, or (c) for which sufficient United States of America dollars and direct United States Treasury obligations have been deposited with the Bond -90- Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on the Bond when due at maturity or as called for redemption, if applicable, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the applicable Pledged Revenues or the applicable Pledged Taxes and shall no longer have the benefits of any covenant for the registered owner of the outstanding Bond as set forth herein as such relates to lien and security of the outstanding Bond in the applicable Pledged Revenues or the applicable Pledged Taxes. All covenants relative to the tax-exempt status of the Bond; and payment, registration, transfer, and exchange, are expressly continued for the Bond whether an outstanding Bond or not. Section 37. Taxes Previously Levied for Series 2014 Bonds and Series 2014A Bonds. The taxes previously levied for the years 2024 (collectible in 2025) and thereafter to pay the Series 2014 Bonds and the Series 2014A Bonds may be abated as set forth in a Certificate of Tax Reduction to be executed and delivered by the Designated Officers upon the sale of the Bonds and the refunding of the 2014A Bonds and the 2014 Bonds. The Designated Officers are hereby expressly authorized to file an abatement certificate or certificates with the County Clerk, without further official action of the Corporate Authorities, to effectuate such abatement. Section 38. Continuing Disclosure Undertaking. Any Designated Officer is hereby authorized, empowered and directed to execute and deliver a Continuing Disclosure Undertaking, in customary form as approved by Bond Counsel and approved by the City Attorney, to effect compliance with Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. When such Continuing Disclosure Undertaking is executed and delivered on behalf of the City, it will be binding on the City and the officers, agents, and employees of the City, and the same are hereby -91- authorized and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Continuing Disclosure Undertaking as executed and delivered. Notwithstanding any other provisions hereof, (a) the sole remedies for failure to comply with such Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations thereunder, and (b) the failure of the City to comply with the Continuing Disclosure Undertaking shall not be considered an event of default under the Bonds or this Ordinance. Section 39. General Tax Covenants. The City agrees to comply with, and as of the date hereof reasonably expects that it will comply with, all provisions of the Code which, if not complied with by the City, would cause any of the Bonds not to be tax-exempt. As used herein, “tax-exempt” means, with respect to the Bonds, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes except to the extent that such interest is taken into account in computing an adjustment used in determining the federal alternative minimum tax. It shall not be an event of default under this Ordinance if the interest on any of the Bonds is not tax-exempt pursuant to any provision of the Code which is not currently in effect and in existence on the date of the issuance of the Bonds. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants and assurances contained in certificates or agreements as may be prepared by counsel approving the Bonds, including, without limitation, a Tax Certificate; (c) to consult with such counsel and to comply with such advice as may be given; (d) to file such forms, statements and supporting documents as may be required and in a timely manner; and -92- (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. The City further certifies and covenants as follows with respect to the requirements of Section 148(f) of the Code, relating to the rebate of “excess arbitrage profits” (the “Rebate Requirement”) to the United States: (A) Unless an applicable exception to the Rebate Requirement is available to the City, the City will meet the Rebate Requirement. (B) Relating to applicable exceptions, the Treasurer or the Mayor is hereby authorized to make such elections under the Code as either such officer shall deem reasonable and in the best interests of the City. If such election may result in a “penalty in lieu of rebate” as provided in the Code, and such penalty is incurred (the “Penalty”), then the City shall pay such Penalty. (C) The officers of the City shall cause to be established, at such time and in. such manner as they may deem necessary or appropriate hereunder, a “2025 Bonds Rebate [or Penalty, if applicable] Fund” (the “148 Compliance Fund”) for the Bonds, or any series thereof, and such officers shall further, not less frequently than annually, cause to be transferred to the 148 Compliance Fund the amount determined to be the accrued liability under the Rebate Requirement or Penalty. Said officers shall cause to be paid to the United States Treasury, without further order or direction from the Corporate Authorities, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. (D) Interest earnings in the applicable Bond Fund are hereby authorized to be transferred, without further order or direction from the Corporate Authorities, from time to time as required, to the 148 Compliance Fund for the purposes herein provided; and proceeds of the Bonds and other funds of the City are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty, but only if necessary after application of -93- investment earnings as aforesaid and only as appropriated by the Corporate Authorities. The Corporate Authorities also certify and further covenant with the Purchaser and the holders and registered owners of the Bonds from time to time outstanding that so long as any of the Bonds remain unpaid, moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other source, will not be used in a manner which will cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code, and any lawful regulations promulgated thereunder, as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The Corporate Authorities reserve the right, however, to make any investment of moneys on deposit in any fund or account in connection with the Bonds permitted by state law, if, when and to the extent that said Section 148 or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of an attorney at law or a firm of attorneys of nationally recognized standing in matters pertaining to tax-exempt bonds, result in the inclusion of interest on the Bonds in gross income for federal income tax purposes. The Corporate Authorities are hereby authorized and directed to make such further covenants, estimates, representation, or assurances as may be necessary or advisable to the end that the Bonds not be “arbitrage bonds” as aforesaid. The City also certifies and further covenants with the purchasers and registered owners of the Series 2025C Refunding Bonds from time to time outstanding that the proceeds of the Series 2025C Refunding Bonds shall be devoted to and used with due diligence for the 2014A Refunding in accordance with the provisions of the Escrow Agreement – 2014A Refunding, and that moneys on deposit in any fund or account in connection with the Series 2025C Refunding Bonds, whether or not such moneys were derived from the proceeds of the sale of -94- the Series 2025C Refunding Bonds or from any other source, will not be used in a manner which will cause the Series 2025C Refunding Bonds to be “arbitrage bonds” within the meaning of Code Section 148 and any lawful regulations promulgated thereunder, as the same presently exist or may from time to time hereafter be amended, supplemented or revised. The City also certifies and further covenants with the purchasers and registered owners of the Series 2025D Refunding Bonds from time to time outstanding that the proceeds of the Series 2025D Refunding Bonds shall be devoted to and used with due diligence for the 2014 Refunding in accordance with the provisions of the Escrow Agreement – 2014 Refunding, and that moneys on deposit in any fund or account in connection with the Series 2025D Refunding Bonds, whether or not such moneys were derived from the proceeds of the sale of the Series 2025D Refunding Bonds or from any other source, will not be used in a manner which will cause the Series 2025D Refunding Bonds to be “arbitrage bonds” within the meaning of Code Section 148 and any lawful regulations promulgated thereunder, as the same presently exist or may from time to time hereafter be amended, supplemented or revised. Section 40. Not Private Activity Bonds. None of the Bonds is or shall be a “private activity bond” as defined in Section 141(a) of the Code. In support of such conclusion, the City certifies, represents and covenants as follows: (a) Not more than five percent (5%) of the net proceeds and investment earnings of the Bonds is to be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. (b) Not more than five percent (5%) of the amounts necessary to pay the principal of and interest on the Bonds will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (c) None of the proceeds of the Bonds is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (d) No direct or indirect payments were or are to be made on any of the 2014 Bonds or the 2014A Bonds with respect to any private business use by any person other than a state or local governmental unit. -95- (e) None of the proceeds of the 2014 Bonds or the 2014A Bonds was or is, to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (f) No user of the Water Project, the Public Works Project or the public capital infrastructure financed or refinanced with the proceeds of the 2014 Bonds or the 2014A Bonds (collectively, the “Prior Projects”) other than the City or another governmental unit will use the same on any basis other than the same basis as the general public; and no person other than the City or another governmental unit will be or has been a user of the Water Project, the Public Works Project or the Prior Projects as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract, or (iii) any other arrangement. Section 41. Series 2025A Water Bonds Not Arbitrage Bonds. The Series 2025A Water Bonds shall not be “arbitrage bonds” under Section 148 of the Code; and the City hereby certifies, represents, and covenants as follows: (a) With respect to the Water Project, the City has heretofore incurred or within six (6) months after delivery of the Series 2025A Water Bonds expects to incur substantial binding obligations to be paid for with money received from the sale of the Series 2025A Water Bonds, said binding obligations comprising binding contracts for the Water Project in not less than the amount of five percent (5%) of the proceeds of the Series 2025A Water Bonds allocable to the Water Project. (b) More than eighty-five percent (85%) of the proceeds of the Series 2025A Water Bonds allocable to the Water Project will be expended on or before three (3) years for the purpose of paying the costs of the Water Project. (c) All of the principal proceeds of the Series 2025A Water Bonds allocable to the Water Project and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Water Project including expenses incidental thereto. (d) Work on the Water Project is expected to proceed with due diligence to completion. (e) Except for the 2025A Bond Fund, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Series 2025A Water Bonds. The 2025A Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Series 2025A Water Bonds. Money deposited into the 2025A Bond Fund will be spent within a thirteen (13) month period beginning on the date of deposit, and investment earnings in the 2025A Bond Fund will be spent or withdrawn from the 2025A Bond Fund within a one (1) year period beginning on the date of receipt. -96- (f) Amounts of money related to the Series 2025A Water Bonds required to be invested at a yield not materially higher than the yield on the Series 2025A Water Bonds, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of the Series 2025A Water Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. Section 42. Series 2025B Public Works Bonds Not Arbitrage Bonds. The Series 2025B Public Works Bonds shall not be “arbitrage bonds” under Section 148 of the Code; and the City hereby certifies, represents, and covenants as follows: (a) With respect to the Public Works Project, the City has heretofore incurred or within six (6) months after delivery of the Series 2025B Public Works Bonds expects to incur substantial binding obligations to be paid for with money received from the sale of the Series 2025B Public Works Bonds, said binding obligations comprising binding contracts for the Public Works Project in not less than the amount of five percent (5%) of the proceeds of the Series 2025B Public Works Bonds allocable to the Public Works Project. (b) More than eighty-five percent (85%) of the proceeds of the Series 2025B Public Works Bonds allocable to the Public Works Project will be expended on or before three (3) years for the purpose of paying the costs of the Public Works Project. (c) All of the principal proceeds of the Series 2025B Public Works Bonds allocable to the Public Works Project and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Public Works Project including expenses incidental thereto. (d) Work on the Public Works Project is expected to proceed with due diligence to completion. (e) Except for the 2025B Bond Fund, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Series 2025B Public Works Bonds. The 2025B Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Series 2025B Public Works Bonds. Money deposited into the 2025A Bond Fund will be spent within a thirteen (13) month period beginning on the date of deposit, and investment earnings in the 2025B Bond Fund will be spent or withdrawn from the 2025B Bond Fund within a one (1) year period beginning on the date of receipt. (f) Amounts of money related to the Series 2025B Public Works Bonds required to be invested at a yield not materially higher than the yield on the Series 2025B Public Works Bonds, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of the Series 2025B Public Works Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. -97- Section 43. Registered Form. The City recognizes that Section 149(a) of the Code requires the Bonds to be issued and to remain in fully registered form in order to be and remain tax-exempt. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 44. Insurance. Upon a finding by the Authorized Officers that the purchase of a Policy for all or any series or portion of the Bonds is likely to facilitate the marketing and sale of such Bonds and permit completion of such sale in a timely fashion, and that such Policy is available at an acceptable premium, as set forth in any Bond Order, the Designated Officers are hereby expressly authorized to accept the commitment of an Insurer to issue a commitment to provide a Policy in connection with the issuance and delivery of the Bonds. The terms, provisions, conditions and requirements of said Insurer set forth in said commitment as a condition to its issuance of such Policy shall be as attached to such Bond Order as Exhibit A thereto and shall thereupon be incorporated into this Ordinance by this reference as if set out at this place in full. Section 45. List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the owners of all Bonds and upon any transfer shall add the name and address of the new owner and eliminate the name and address of the transferor owner. Section 46. Opinion of Counsel Exception. The City reserves the right to use or invest moneys in connection with the Bonds in any manner, notwithstanding the tax-related covenants set forth herein, provided it shall first have received an opinion from Croke Fairchild Duarte & Beres LLC, or any other attorney or a firm of attorneys of nationally recognized standing as bond counsel, to the effect that use or investment of such moneys as contemplated is valid and proper under applicable law and this Ordinance and, further, will not adversely affect the tax-exempt status for the Bonds. -98- Section 47. Duties of Bond Registrar. If requested by the Bond Registrar or the Paying Agent, or both, any Designated Officer is authorized to execute the Bond Registrar’s standard form of agreement between the City and the Bond Registrar or Paying Agent with respect to the obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar, paying agent, authenticating agent and transfer agent as provided herein; (b) to maintain a list of the owners of the Bonds as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential; (c) to give notice of redemption of Bonds as provided herein; (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. Section 48. Provisions a Contract. The provisions of this Ordinance shall constitute a contract between the City and the owners of the outstanding Bonds and no changes, additions, or alterations of any kind shall be made hereto, except as herein provided, so long as there are any outstanding Bonds. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Ordinance shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation. Section 49. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. -99- Section 50. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 51. Effective Date. This Ordinance shall be in full force and effect forthwith and immediately upon its passage. Passed by the Corporate Authorities on December 10, 2024 by a roll call vote as follows: AYES: NAYS: ABSENT: UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS By: Mayor APPROVED this 10th day of December, 2024. Attest: City Clerk - MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held at the City Council Chambers of the City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois, in said City at 7 o’clock P.M., on the 10th day of December, 2024. * * * The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, the Mayor and the following Aldermen answered present at said location: The following were absent The Mayor announced that the next item of business before the City Council was the consideration of an ordinance authorizing the issuance of (a) not to exceed $25,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2024A for the purpose of improvements to the City’s water system, (b) not to exceed $40,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2024B for the purpose of providing certain public works facilities, (c) not to exceed $2,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2024C for the purpose of for the purpose of refunding certain of the City’s outstanding alternate revenue source bonds, and (d) not to exceed $1,350,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2024D for the purpose of for the purpose of refunding certain of the City’s outstanding alternate revenue source bonds. Thereupon, Alderman presented, and there was made available to the Aldermen and interested members of the public the following ordinance (the “Bond Ordinance”): AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for the issuance of one or more series of general obligation alternate revenue bonds in the aggregate principal amount of not to exceed $68,850,000 for the purposes of paying the costs of enhancing the City’s water delivery system, paying the - costs of the acquisition of one or more parcels of real property and the construction of a new public works facility thereon, and refunding certain of the City’s outstanding alternate revenue bonds, authorizing the execution of one or more bond orders, and providing for the imposition of taxes to pay the same and for the collection, segregation and distribution of certain City revenues for the payment of said bonds. Alderman moved and Alderman seconded the motion that the Bond Ordinance as presented be adopted. A City Council discussion of the matter followed. During the City Council discussion, the Mayor gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and statements that (i) the Bond Ordinance provided for the issuance of alternate bonds for the purpose of providing funds for certain improvements to the City’s water system and certain public works projects and paying the costs of refunding certain existing alternate revenue bond issues of the City, (ii) the bonds are issuable without referendum pursuant to the Illinois Municipal Code, as amended, and the Local Government Debt Reformed Act, as amended, (iii) the Bond Ordinance provides for the levy of taxes to pay the bonds, although the intent of the City is that the bonds will be paid from the revenues described in the Bond Ordinance, and (iv) that the Bond Ordinance provides certain details for the bonds, including tax-exempt status covenants for the bonds, provisions for terms and form of the bonds, and appropriations. After a full and complete discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt the Bond Ordinance. Upon the roll being called, the following Aldermen: voted AYE, and the following Aldermen: voted NAY. - Whereupon the Mayor declared the motion carried and the Bond Ordinance adopted and approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded, the meeting was adjourned. City Clerk, United City of Yorkville, Kendall County, Illinois STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such officer I am the keeper of the books, records, files, and journal of proceedings of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 10th day of December, 2024, insofar as same relates to the adoption of Ordinance No. 2024 - entitled: AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for the issuance of one or more series of general obligation alternate revenue bonds in the aggregate principal amount of not to exceed $68,850,000 for the purposes of paying the costs of enhancing the City’s water delivery system, paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility thereon, and refunding certain of the City’s outstanding alternate revenue bonds, authorizing the execution of one or more bond orders, and providing for the imposition of taxes to pay the same and for the collection, segregation and distribution of certain City revenues for the payment of said bonds, a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said ordinance were taken openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that said meeting was called and held in strict accordance with the provisions of the Illinois Municipal Code, as amended, and the Open Meetings Act of the State of Illinois, as amended, and that the City Council has complied with all of the applicable provisions of said Code and said Act and its procedural rules in the adoption of said ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City this 10th day of December, 2024. Clerk, United City of Yorkville, (SEAL) Kendall County, Illinois United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A, Series 2025B, Series 2025C and Series 2025D Dated: February 19, 2025 Table of Contents Report ISSUE SUMMARY Total Issue Sources And Uses 1 Proof of D/S for Arbitrage Purposes 2 Proof of Bond Yield @ 4.1569658%3 Detail Costs Of Issuance 4 GO ARS BONDS, SERIES 2025A (WATER) Debt Service Schedule 5 Net Debt Service Schedule 6 Pricing Summary 7 Detail Costs Of Issuance 8 GO ARS BONDS, SERIES 2025B (PW) Debt Service Schedule 9 Net Debt Service Schedule 10 Pricing Summary 11 Operation Of Project Construction Fund 12 Detail Costs Of Issuance 13 GO ARS REF BONDS, SERIES 2025C (14A REF) Debt Service Comparison 14 Debt Service Schedule 15 Net Debt Service Schedule 16 Pricing Summary 17 Current Refunding Escrow 18 Current Refunding Escrow Summary Cost 19 Primary Purpose Fund Proof Of Yield @ 4.5215996 20 Debt Service To Maturity And To Call 21 Detail Costs Of Issuance 22 GO ARS REF BONDS, SERIES 2025D (14 REF) Debt Service Comparison 23 Debt Service Schedule 24 Net Debt Service Schedule 25 Pricing Summary 26 Current Refunding Escrow 27 Current Refunding Escrow Summary Cost 28 Primary Purpose Fund Proof Of Yield @ 4.5216000 29 Debt Service To Maturity And To Call 30 Detail Costs Of Issuance 31 2025 ABCD | Issue Summary | 11/11/2024 | 2:54 PM Speer Financial, Inc. Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A, Series 2025B, Series 2025C and Series 2025D Dated: February 19, 2025 Total Issue Sources And Uses Dated 02/19/2025 | Delivered 02/19/2025 GO ARS Bonds, Series 2025A (Water) GO ARS Bonds, Series 2025B (PW) GO ARS Ref Bonds, Series 2025C (14A Ref) GO ARS Ref Bonds, Series 2025D (14 Ref) Issue Summary Sources Of Funds Par Amount of Bonds $25,000,000.00 $37,855,000.00 $2,255,000.00 $1,210,000.00 $66,320,000.00 Reoffering Premium 1,441,572.95 2,430,188.35 149,047.65 54,611.50 4,075,420.45 Total Sources $26,441,572.95 $40,285,188.35 $2,404,047.65 $1,264,611.50 $70,395,420.45 Uses Of Funds Total Underwriter's Discount (0.350%)87,257.19 132,941.12 7,933.36 4,173.22 232,304.89 Costs of Issuance 101,507.00 151,822.00 20,527.00 14,200.00 288,056.00 Deposit to Project Construction Fund 26,252,000.00 40,000,000.00 - - 66,252,000.00 Deposit to Current Refunding Fund - - 2,375,363.14 1,244,675.83 3,620,038.97 Rounding Amount 808.76 425.23 224.15 1,562.45 3,020.59 Total Uses $26,441,572.95 $40,285,188.35 $2,404,047.65 $1,264,611.50 $70,395,420.45 2025 ABCD | Issue Summary | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 1 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A, Series 2025B, Series 2025C and Series 2025D Dated: February 19, 2025 Proof of D/S for Arbitrage Purposes Date Principal Interest Total 02/19/2025 - - - 06/01/2025 - 49,087.50 49,087.50 06/30/2025 - 1,143,611.81 1,143,611.81 12/01/2025 455,000.00 86,625.00 541,625.00 12/30/2025 1,090,000.00 1,571,375.00 2,661,375.00 06/01/2026 - 75,250.00 75,250.00 06/30/2026 - 1,544,125.00 1,544,125.00 12/01/2026 435,000.00 75,250.00 510,250.00 12/30/2026 890,000.00 1,544,125.00 2,434,125.00 06/01/2027 - 64,375.00 64,375.00 06/30/2027 - 1,521,875.00 1,521,875.00 12/01/2027 465,000.00 64,375.00 529,375.00 12/30/2027 930,000.00 1,521,875.00 2,451,875.00 06/01/2028 - 52,750.00 52,750.00 06/30/2028 - 1,498,625.00 1,498,625.00 12/01/2028 485,000.00 52,750.00 537,750.00 12/30/2028 980,000.00 1,498,625.00 2,478,625.00 06/01/2029 - 40,625.00 40,625.00 06/30/2029 - 1,474,125.00 1,474,125.00 12/01/2029 515,000.00 40,625.00 555,625.00 12/30/2029 1,025,000.00 1,474,125.00 2,499,125.00 06/01/2030 - 27,750.00 27,750.00 06/30/2030 - 1,448,500.00 1,448,500.00 12/01/2030 265,000.00 27,750.00 292,750.00 12/30/2030 1,080,000.00 1,448,500.00 2,528,500.00 06/01/2031 - 21,125.00 21,125.00 06/30/2031 - 1,421,500.00 1,421,500.00 12/01/2031 270,000.00 21,125.00 291,125.00 12/30/2031 1,135,000.00 1,421,500.00 2,556,500.00 06/01/2032 - 14,375.00 14,375.00 06/30/2032 - 1,393,125.00 1,393,125.00 12/01/2032 280,000.00 14,375.00 294,375.00 12/30/2032 1,190,000.00 1,393,125.00 2,583,125.00 06/01/2033 - 7,375.00 7,375.00 06/30/2033 - 1,363,375.00 1,363,375.00 12/01/2033 295,000.00 7,375.00 302,375.00 12/30/2033 1,250,000.00 1,363,375.00 2,613,375.00 06/30/2034 - 1,332,125.00 1,332,125.00 12/30/2034 53,285,000.00 1,332,125.00 54,617,125.00 Total $66,320,000.00 $29,452,699.31 $95,772,699.31 2025 ABCD | Issue Summary | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 2 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A, Series 2025B, Series 2025C and Series 2025D Dated: February 19, 2025 Proof of Bond Yield @ 4.1569658% Date Cashflow PV Factor Present Value Cumulative PV 02/19/2025 - 1.0000000x - - 06/01/2025 49,087.50 0.9884103x 48,518.59 48,518.59 06/30/2025 1,143,611.81 0.9851398x 1,126,617.56 1,175,136.15 12/01/2025 541,625.00 0.9682847x 524,447.21 1,699,583.36 12/30/2025 2,661,375.00 0.9650808x 2,568,441.92 4,268,025.27 06/01/2026 75,250.00 0.9485689x 71,379.81 4,339,405.08 06/30/2026 1,544,125.00 0.9454302x 1,459,862.40 5,799,267.48 12/01/2026 510,250.00 0.9292545x 474,152.10 6,273,419.58 12/30/2026 2,434,125.00 0.9261797x 2,254,437.18 8,527,856.76 06/01/2027 64,375.00 0.9103334x 58,602.71 8,586,459.47 06/30/2027 1,521,875.00 0.9073212x 1,380,829.44 9,967,288.92 12/01/2027 529,375.00 0.8917975x 472,095.30 10,439,384.21 12/30/2027 2,451,875.00 0.8888467x 2,179,340.92 12,618,725.14 06/01/2028 52,750.00 0.8736391x 46,084.46 12,664,809.60 06/30/2028 1,498,625.00 0.8707483x 1,304,925.19 13,969,734.79 12/01/2028 537,750.00 0.8558504x 460,233.53 14,429,968.32 12/30/2028 2,478,625.00 0.8530185x 2,114,312.91 16,544,281.22 06/01/2029 40,625.00 0.8384239x 34,060.97 16,578,342.19 06/30/2029 1,474,125.00 0.8356496x 1,231,852.02 17,810,194.21 12/01/2029 555,625.00 0.8213522x 456,363.81 18,266,558.02 12/30/2029 2,499,125.00 0.8186345x 2,045,869.84 20,312,427.86 06/01/2030 27,750.00 0.8046281x 22,328.43 20,334,756.29 06/30/2030 1,448,500.00 0.8019657x 1,161,647.37 21,496,403.66 12/01/2030 292,750.00 0.7882446x 230,758.61 21,727,162.27 12/30/2030 2,528,500.00 0.7856364x 1,986,481.69 23,713,643.96 06/01/2031 21,125.00 0.7721947x 16,312.61 23,729,956.57 06/30/2031 1,421,500.00 0.7696396x 1,094,042.68 24,823,999.25 12/01/2031 291,125.00 0.7564715x 220,227.78 25,044,227.03 12/30/2031 2,556,500.00 0.7539685x 1,927,520.43 26,971,747.46 06/01/2032 14,375.00 0.7410686x 10,652.86 26,982,400.32 06/30/2032 1,393,125.00 0.7386165x 1,028,985.07 28,011,385.39 12/01/2032 294,375.00 0.7259792x 213,710.13 28,225,095.52 12/30/2032 2,583,125.00 0.7235770x 1,869,089.95 30,094,185.47 06/01/2033 7,375.00 0.7111971x 5,245.08 30,099,430.55 06/30/2033 1,363,375.00 0.7088438x 966,419.98 31,065,850.52 12/01/2033 302,375.00 0.6967160x 210,669.49 31,276,520.02 12/30/2033 2,613,375.00 0.6944106x 1,814,755.40 33,091,275.42 06/30/2034 1,332,125.00 0.6802713x 906,206.43 33,997,481.85 12/30/2034 54,617,125.00 0.6664199x 36,397,938.60 70,395,420.45 Total $95,772,699.31 -$70,395,420.45 - Derivation Of Target Amount Par Amount of Bonds $66,320,000.00 Reoffering Premium or (Discount)4,075,420.45 Original Issue Proceeds $70,395,420.45 2025 ABCD | Issue Summary | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 3 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A, Series 2025B, Series 2025C and Series 2025D Dated: February 19, 2025 Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $85,556.00 Bond Counsel $107,500.00 Local Counsel $39,000.00 Rating Agency Fee $50,000.00 Paying Agent / Bond Registrar $3,750.00 Escrow Agent $1,000.00 Paying Agent/Bond Registrar $1,250.00 TOTAL $288,056.00 2025 ABCD | Issue Summary | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 4 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A Dated: February 19, 2025 / Callable: December 30, 2034 @ Par $25M Water Project Bonds Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 02/19/2025 - - - - - 06/30/2025 - - 454,861.11 454,861.11 - 12/30/2025 - - 625,000.00 625,000.00 1,079,861.11 06/30/2026 - - 625,000.00 625,000.00 - 12/30/2026 - - 625,000.00 625,000.00 1,250,000.00 06/30/2027 - - 625,000.00 625,000.00 - 12/30/2027 - - 625,000.00 625,000.00 1,250,000.00 06/30/2028 - - 625,000.00 625,000.00 - 12/30/2028 - - 625,000.00 625,000.00 1,250,000.00 06/30/2029 - - 625,000.00 625,000.00 - 12/30/2029 - - 625,000.00 625,000.00 1,250,000.00 06/30/2030 - - 625,000.00 625,000.00 - 12/30/2030 - - 625,000.00 625,000.00 1,250,000.00 06/30/2031 - - 625,000.00 625,000.00 - 12/30/2031 - - 625,000.00 625,000.00 1,250,000.00 06/30/2032 - - 625,000.00 625,000.00 - 12/30/2032 - - 625,000.00 625,000.00 1,250,000.00 06/30/2033 - - 625,000.00 625,000.00 - 12/30/2033 - - 625,000.00 625,000.00 1,250,000.00 06/30/2034 - - 625,000.00 625,000.00 - 12/30/2034 970,000.00 5.000% 625,000.00 1,595,000.00 2,220,000.00 06/30/2035 - - 600,750.00 600,750.00 - 12/30/2035 1,015,000.00 5.000% 600,750.00 1,615,750.00 2,216,500.00 06/30/2036 - - 575,375.00 575,375.00 - 12/30/2036 1,065,000.00 5.000% 575,375.00 1,640,375.00 2,215,750.00 06/30/2037 - - 548,750.00 548,750.00 - 12/30/2037 1,120,000.00 5.000% 548,750.00 1,668,750.00 2,217,500.00 06/30/2038 - - 520,750.00 520,750.00 - 12/30/2038 1,175,000.00 5.000% 520,750.00 1,695,750.00 2,216,500.00 06/30/2039 - - 491,375.00 491,375.00 - 12/30/2039 1,235,000.00 5.000% 491,375.00 1,726,375.00 2,217,750.00 06/30/2040 - - 460,500.00 460,500.00 - 12/30/2040 1,295,000.00 5.000% 460,500.00 1,755,500.00 2,216,000.00 06/30/2041 - - 428,125.00 428,125.00 - 12/30/2041 1,360,000.00 5.000% 428,125.00 1,788,125.00 2,216,250.00 06/30/2042 - - 394,125.00 394,125.00 - 12/30/2042 1,430,000.00 5.000% 394,125.00 1,824,125.00 2,218,250.00 06/30/2043 - - 358,375.00 358,375.00 - 12/30/2043 1,500,000.00 5.000% 358,375.00 1,858,375.00 2,216,750.00 06/30/2044 - - 320,875.00 320,875.00 - 12/30/2044 1,575,000.00 5.000% 320,875.00 1,895,875.00 2,216,750.00 06/30/2045 - - 281,500.00 281,500.00 - 12/30/2045 1,655,000.00 5.000% 281,500.00 1,936,500.00 2,218,000.00 06/30/2046 - - 240,125.00 240,125.00 - 12/30/2046 1,740,000.00 5.000% 240,125.00 1,980,125.00 2,220,250.00 06/30/2047 - - 196,625.00 196,625.00 - 12/30/2047 1,825,000.00 5.000% 196,625.00 2,021,625.00 2,218,250.00 06/30/2048 - - 151,000.00 151,000.00 - 12/30/2048 1,915,000.00 5.000% 151,000.00 2,066,000.00 2,217,000.00 06/30/2049 - - 103,125.00 103,125.00 - 12/30/2049 2,010,000.00 5.000% 103,125.00 2,113,125.00 2,216,250.00 06/30/2050 - - 52,875.00 52,875.00 - 12/30/2050 2,115,000.00 5.000% 52,875.00 2,167,875.00 2,220,750.00 Total $25,000,000.00 -$23,778,361.11 $48,778,361.11 - Yield Statistics Bond Year Dollars $475,567.22 Average Life 19.023 Years Average Coupon 5.0000000% Net Interest Cost (NIC)4.7152210% True Interest Cost (TIC)4.5635399% Bond Yield for Arbitrage Purposes 4.1569658% All Inclusive Cost (AIC)4.5952087% IRS Form 8038 Net Interest Cost 4.4648586% Weighted Average Maturity 18.920 Years 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 5 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A Dated: February 19, 2025 / Callable: December 30, 2034 @ Par $25M Water Project Bonds Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2025 - - 1,079,861.11 1,079,861.11 1,079,861.11 12/30/2026 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2027 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2028 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2029 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2030 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2031 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2032 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2033 - - 1,250,000.00 1,250,000.00 1,250,000.00 12/30/2034 970,000.00 5.000% 1,250,000.00 2,220,000.00 2,220,000.00 12/30/2035 1,015,000.00 5.000% 1,201,500.00 2,216,500.00 2,216,500.00 12/30/2036 1,065,000.00 5.000% 1,150,750.00 2,215,750.00 2,215,750.00 12/30/2037 1,120,000.00 5.000% 1,097,500.00 2,217,500.00 2,217,500.00 12/30/2038 1,175,000.00 5.000% 1,041,500.00 2,216,500.00 2,216,500.00 12/30/2039 1,235,000.00 5.000% 982,750.00 2,217,750.00 2,217,750.00 12/30/2040 1,295,000.00 5.000% 921,000.00 2,216,000.00 2,216,000.00 12/30/2041 1,360,000.00 5.000% 856,250.00 2,216,250.00 2,216,250.00 12/30/2042 1,430,000.00 5.000% 788,250.00 2,218,250.00 2,218,250.00 12/30/2043 1,500,000.00 5.000% 716,750.00 2,216,750.00 2,216,750.00 12/30/2044 1,575,000.00 5.000% 641,750.00 2,216,750.00 2,216,750.00 12/30/2045 1,655,000.00 5.000% 563,000.00 2,218,000.00 2,218,000.00 12/30/2046 1,740,000.00 5.000% 480,250.00 2,220,250.00 2,220,250.00 12/30/2047 1,825,000.00 5.000% 393,250.00 2,218,250.00 2,218,250.00 12/30/2048 1,915,000.00 5.000% 302,000.00 2,217,000.00 2,217,000.00 12/30/2049 2,010,000.00 5.000% 206,250.00 2,216,250.00 2,216,250.00 12/30/2050 2,115,000.00 5.000% 105,750.00 2,220,750.00 2,220,750.00 Total $25,000,000.00 -$23,778,361.11 $48,778,361.11 $48,778,361.11 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 6 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A Dated: February 19, 2025 / Callable: December 30, 2034 @ Par $25M Water Project Bonds Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2034 Serial Coupon 5.000% 3.750% 970,000.00 110.222% - - - 1,069,153.40 12/30/2035 Serial Coupon 5.000% 3.850% 1,015,000.00 109.359% c 3.933% 12/30/2034 100.000% 1,109,993.85 12/30/2036 Serial Coupon 5.000% 3.900% 1,065,000.00 108.931% c 4.044% 12/30/2034 100.000% 1,160,115.15 12/30/2037 Serial Coupon 5.000% 3.950% 1,120,000.00 108.504% c 4.140% 12/30/2034 100.000% 1,215,244.80 12/30/2038 Serial Coupon 5.000% 3.950% 1,175,000.00 108.504% c 4.185% 12/30/2034 100.000% 1,274,922.00 12/30/2039 Serial Coupon 5.000% 4.000% 1,235,000.00 108.079% c 4.260% 12/30/2034 100.000% 1,334,775.65 12/30/2040 Serial Coupon 5.000% 4.050% 1,295,000.00 107.657% c 4.327% 12/30/2034 100.000% 1,394,158.15 12/30/2041 Serial Coupon 5.000% 4.150% 1,360,000.00 106.818% c 4.422% 12/30/2034 100.000% 1,452,724.80 12/30/2042 Serial Coupon 5.000% 4.250% 1,430,000.00 105.986% c 4.508% 12/30/2034 100.000% 1,515,599.80 12/30/2043 Serial Coupon 5.000% 4.300% 1,500,000.00 105.573% c 4.556% 12/30/2034 100.000% 1,583,595.00 12/30/2044 Serial Coupon 5.000% 4.350% 1,575,000.00 105.163% c 4.600% 12/30/2034 100.000% 1,656,317.25 12/30/2045 Serial Coupon 5.000% 4.400% 1,655,000.00 104.754% c 4.641% 12/30/2034 100.000% 1,733,678.70 12/30/2046 Serial Coupon 5.000% 4.450% 1,740,000.00 104.347% c 4.680% 12/30/2034 100.000% 1,815,637.80 12/30/2047 Serial Coupon 5.000% 4.500% 1,825,000.00 103.942% c 4.716% 12/30/2034 100.000% 1,896,941.50 12/30/2048 Serial Coupon 5.000% 4.550% 1,915,000.00 103.538% c 4.750% 12/30/2034 100.000% 1,982,752.70 12/30/2049 Serial Coupon 5.000% 4.600% 2,010,000.00 103.137% c 4.783% 12/30/2034 100.000% 2,073,053.70 12/30/2050 Serial Coupon 5.000% 4.650% 2,115,000.00 102.738% c 4.813% 12/30/2034 100.000% 2,172,908.70 Total ---$25,000,000.00 -----$26,441,572.95 Bid Information Par Amount of Bonds $25,000,000.00 Reoffering Premium or (Discount)1,441,572.95 Gross Production $26,441,572.95 Total Underwriter's Discount (0.330%)$(87,257.19) Bid (105.417%)26,354,315.76 Total Purchase Price $26,354,315.76 Bond Year Dollars $475,567.22 Average Life 19.023 Years Average Coupon 5.0000000% Net Interest Cost (NIC)4.7152210% True Interest Cost (TIC)4.5635399% 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 7 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025A Dated: February 19, 2025 / Callable: December 30, 2034 @ Par $25M Water Project Bonds Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $32,351.00 Bond Counsel $35,000.00 Local Counsel $14,000.00 Rating Agency Fee $18,906.00 Paying Agent/Bond Registrar $1,250.00 TOTAL $101,507.00 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 8 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025B Dated: February 19, 2025 / Callable: December 30, 2034 @ Par Public Works Facility Bonds Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 02/19/2025 - - - - - 06/30/2025 - - 688,750.69 688,750.69 - 12/30/2025 1,090,000.00 5.000% 946,375.00 2,036,375.00 2,725,125.69 06/30/2026 - - 919,125.00 919,125.00 - 12/30/2026 890,000.00 5.000% 919,125.00 1,809,125.00 2,728,250.00 06/30/2027 - - 896,875.00 896,875.00 - 12/30/2027 930,000.00 5.000% 896,875.00 1,826,875.00 2,723,750.00 06/30/2028 - - 873,625.00 873,625.00 - 12/30/2028 980,000.00 5.000% 873,625.00 1,853,625.00 2,727,250.00 06/30/2029 - - 849,125.00 849,125.00 - 12/30/2029 1,025,000.00 5.000% 849,125.00 1,874,125.00 2,723,250.00 06/30/2030 - - 823,500.00 823,500.00 - 12/30/2030 1,080,000.00 5.000% 823,500.00 1,903,500.00 2,727,000.00 06/30/2031 - - 796,500.00 796,500.00 - 12/30/2031 1,135,000.00 5.000% 796,500.00 1,931,500.00 2,728,000.00 06/30/2032 - - 768,125.00 768,125.00 - 12/30/2032 1,190,000.00 5.000% 768,125.00 1,958,125.00 2,726,250.00 06/30/2033 - - 738,375.00 738,375.00 - 12/30/2033 1,250,000.00 5.000% 738,375.00 1,988,375.00 2,726,750.00 06/30/2034 - - 707,125.00 707,125.00 - 12/30/2034 1,310,000.00 5.000% 707,125.00 2,017,125.00 2,724,250.00 06/30/2035 - - 674,375.00 674,375.00 - 12/30/2035 1,375,000.00 5.000% 674,375.00 2,049,375.00 2,723,750.00 06/30/2036 - - 640,000.00 640,000.00 - 12/30/2036 1,445,000.00 5.000% 640,000.00 2,085,000.00 2,725,000.00 06/30/2037 - - 603,875.00 603,875.00 - 12/30/2037 1,520,000.00 5.000% 603,875.00 2,123,875.00 2,727,750.00 06/30/2038 - - 565,875.00 565,875.00 - 12/30/2038 1,595,000.00 5.000% 565,875.00 2,160,875.00 2,726,750.00 06/30/2039 - - 526,000.00 526,000.00 - 12/30/2039 1,675,000.00 5.000% 526,000.00 2,201,000.00 2,727,000.00 06/30/2040 - - 484,125.00 484,125.00 - 12/30/2040 1,755,000.00 5.000% 484,125.00 2,239,125.00 2,723,250.00 06/30/2041 - - 440,250.00 440,250.00 - 12/30/2041 1,845,000.00 5.000% 440,250.00 2,285,250.00 2,725,500.00 06/30/2042 - - 394,125.00 394,125.00 - 12/30/2042 1,935,000.00 5.000% 394,125.00 2,329,125.00 2,723,250.00 06/30/2043 - - 345,750.00 345,750.00 - 12/30/2043 2,035,000.00 5.000% 345,750.00 2,380,750.00 2,726,500.00 06/30/2044 - - 294,875.00 294,875.00 - 12/30/2044 2,135,000.00 5.000% 294,875.00 2,429,875.00 2,724,750.00 06/30/2045 - - 241,500.00 241,500.00 - 12/30/2045 2,240,000.00 5.000% 241,500.00 2,481,500.00 2,723,000.00 06/30/2046 - - 185,500.00 185,500.00 - 12/30/2046 2,355,000.00 5.000% 185,500.00 2,540,500.00 2,726,000.00 06/30/2047 - - 126,625.00 126,625.00 - 12/30/2047 2,470,000.00 5.000% 126,625.00 2,596,625.00 2,723,250.00 06/30/2048 - - 64,875.00 64,875.00 - 12/30/2048 2,595,000.00 5.000% 64,875.00 2,659,875.00 2,724,750.00 Total $37,855,000.00 -$27,555,375.69 $65,410,375.69 - Yield Statistics Bond Year Dollars $551,107.51 Average Life 14.558 Years Average Coupon 5.0000000% Net Interest Cost (NIC)4.5831581% True Interest Cost (TIC)4.4005753% Bond Yield for Arbitrage Purposes 4.1569658% All Inclusive Cost (AIC)4.4386310% IRS Form 8038 Net Interest Cost 4.2990904% Weighted Average Maturity 14.507 Years 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 9 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025B Dated: February 19, 2025 / Callable: December 30, 2034 @ Par Public Works Facility Bonds Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2025 1,090,000.00 5.000% 1,635,125.69 2,725,125.69 2,725,125.69 12/30/2026 890,000.00 5.000% 1,838,250.00 2,728,250.00 2,728,250.00 12/30/2027 930,000.00 5.000% 1,793,750.00 2,723,750.00 2,723,750.00 12/30/2028 980,000.00 5.000% 1,747,250.00 2,727,250.00 2,727,250.00 12/30/2029 1,025,000.00 5.000% 1,698,250.00 2,723,250.00 2,723,250.00 12/30/2030 1,080,000.00 5.000% 1,647,000.00 2,727,000.00 2,727,000.00 12/30/2031 1,135,000.00 5.000% 1,593,000.00 2,728,000.00 2,728,000.00 12/30/2032 1,190,000.00 5.000% 1,536,250.00 2,726,250.00 2,726,250.00 12/30/2033 1,250,000.00 5.000% 1,476,750.00 2,726,750.00 2,726,750.00 12/30/2034 1,310,000.00 5.000% 1,414,250.00 2,724,250.00 2,724,250.00 12/30/2035 1,375,000.00 5.000% 1,348,750.00 2,723,750.00 2,723,750.00 12/30/2036 1,445,000.00 5.000% 1,280,000.00 2,725,000.00 2,725,000.00 12/30/2037 1,520,000.00 5.000% 1,207,750.00 2,727,750.00 2,727,750.00 12/30/2038 1,595,000.00 5.000% 1,131,750.00 2,726,750.00 2,726,750.00 12/30/2039 1,675,000.00 5.000% 1,052,000.00 2,727,000.00 2,727,000.00 12/30/2040 1,755,000.00 5.000% 968,250.00 2,723,250.00 2,723,250.00 12/30/2041 1,845,000.00 5.000% 880,500.00 2,725,500.00 2,725,500.00 12/30/2042 1,935,000.00 5.000% 788,250.00 2,723,250.00 2,723,250.00 12/30/2043 2,035,000.00 5.000% 691,500.00 2,726,500.00 2,726,500.00 12/30/2044 2,135,000.00 5.000% 589,750.00 2,724,750.00 2,724,750.00 12/30/2045 2,240,000.00 5.000% 483,000.00 2,723,000.00 2,723,000.00 12/30/2046 2,355,000.00 5.000% 371,000.00 2,726,000.00 2,726,000.00 12/30/2047 2,470,000.00 5.000% 253,250.00 2,723,250.00 2,723,250.00 12/30/2048 2,595,000.00 5.000% 129,750.00 2,724,750.00 2,724,750.00 Total $37,855,000.00 -$27,555,375.69 $65,410,375.69 $65,410,375.69 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 10 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025B Dated: February 19, 2025 / Callable: December 30, 2034 @ Par Public Works Facility Bonds Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2025 Serial Coupon 5.000% 3.500% 1,090,000.00 101.261% - - - 1,103,744.90 12/30/2026 Serial Coupon 5.000% 3.400% 890,000.00 102.861% - - - 915,462.90 12/30/2027 Serial Coupon 5.000% 3.400% 930,000.00 104.327% - - - 970,241.10 12/30/2028 Serial Coupon 5.000% 3.350% 980,000.00 105.929% - - - 1,038,104.20 12/30/2029 Serial Coupon 5.000% 3.350% 1,025,000.00 107.345% - - - 1,100,286.25 12/30/2030 Serial Coupon 5.000% 3.450% 1,080,000.00 108.161% - - - 1,168,138.80 12/30/2031 Serial Coupon 5.000% 3.500% 1,135,000.00 109.078% - - - 1,238,035.30 12/30/2032 Serial Coupon 5.000% 3.650% 1,190,000.00 109.152% - - - 1,298,908.80 12/30/2033 Serial Coupon 5.000% 3.700% 1,250,000.00 109.743% - - - 1,371,787.50 12/30/2034 Serial Coupon 5.000% 3.750% 1,310,000.00 110.222% - - - 1,443,908.20 12/30/2035 Serial Coupon 5.000% 3.800% 1,375,000.00 109.790% c 3.886% 12/30/2034 100.000% 1,509,612.50 12/30/2036 Serial Coupon 5.000% 3.900% 1,445,000.00 108.931% c 4.044% 12/30/2034 100.000% 1,574,052.95 12/30/2037 Serial Coupon 5.000% 3.950% 1,520,000.00 108.504% c 4.140% 12/30/2034 100.000% 1,649,260.80 12/30/2038 Serial Coupon 5.000% 3.950% 1,595,000.00 108.504% c 4.185% 12/30/2034 100.000% 1,730,638.80 12/30/2039 Serial Coupon 5.000% 4.000% 1,675,000.00 108.079% c 4.260% 12/30/2034 100.000% 1,810,323.25 12/30/2040 Serial Coupon 5.000% 4.050% 1,755,000.00 107.657% c 4.327% 12/30/2034 100.000% 1,889,380.35 12/30/2041 Serial Coupon 5.000% 4.150% 1,845,000.00 106.818% c 4.422% 12/30/2034 100.000% 1,970,792.10 12/30/2042 Serial Coupon 5.000% 4.250% 1,935,000.00 105.986% c 4.508% 12/30/2034 100.000% 2,050,829.10 12/30/2043 Serial Coupon 5.000% 4.300% 2,035,000.00 105.573% c 4.556% 12/30/2034 100.000% 2,148,410.55 12/30/2044 Serial Coupon 5.000% 4.350% 2,135,000.00 105.163% c 4.600% 12/30/2034 100.000% 2,245,230.05 12/30/2045 Serial Coupon 5.000% 4.400% 2,240,000.00 104.754% c 4.641% 12/30/2034 100.000% 2,346,489.60 12/30/2046 Serial Coupon 5.000% 4.450% 2,355,000.00 104.347% c 4.680% 12/30/2034 100.000% 2,457,371.85 12/30/2047 Serial Coupon 5.000% 4.500% 2,470,000.00 103.942% c 4.716% 12/30/2034 100.000% 2,567,367.40 12/30/2048 Serial Coupon 5.000% 4.550% 2,595,000.00 103.538% c 4.750% 12/30/2034 100.000% 2,686,811.10 Total ---$37,855,000.00 -----$40,285,188.35 Bid Information Par Amount of Bonds $37,855,000.00 Reoffering Premium or (Discount)2,430,188.35 Gross Production $40,285,188.35 Total Underwriter's Discount (0.330%)$(132,941.12) Bid (106.069%)40,152,247.23 Total Purchase Price $40,152,247.23 Bond Year Dollars $551,107.51 Average Life 14.558 Years Average Coupon 5.0000000% Net Interest Cost (NIC)4.5831581% True Interest Cost (TIC)4.4005753% 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 11 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025B Dated: February 19, 2025 / Callable: December 30, 2034 @ Par Public Works Facility Bonds Operation Of Project Construction Fund Date Principal Rate Receipts Disbursements Cash Balance 02/19/2025 40,000,000.00 - 40,000,000.00 40,000,000.00 - Total $40,000,000.00 -$40,000,000.00 $40,000,000.00 - Investment Parameters Investment Model [PV, GIC, or Securities]GIC Default investment yield target Unrestricted Cost of Investments Purchased with Bond Proceeds 40,000,000.00 Total Cost of Investments $40,000,000.00 Target Cost of Investments at bond yield $40,000,000.00 Yield to Receipt - Yield for Arbitrage Purposes 4.1569256% 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 12 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (Alternate Revenue Source), Series 2025B Dated: February 19, 2025 / Callable: December 30, 2034 @ Par Public Works Facility Bonds Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $48,644.00 Bond Counsel $52,500.00 Local Counsel $21,000.00 Rating Agency Fee $28,428.00 Paying Agent / Bond Registrar $1,250.00 TOTAL $151,822.00 2025 ABCD | GO ARS Bonds, Series 2025 | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 13 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 12/01/2025 313,320.83 313,320.83 315,137.50 1,816.67 12/01/2026 311,500.00 311,500.00 313,387.50 1,887.50 12/01/2027 316,000.00 316,000.00 321,200.00 5,200.00 12/01/2028 314,750.00 314,750.00 316,400.00 1,650.00 12/01/2029 318,000.00 318,000.00 321,400.00 3,400.00 12/01/2030 320,500.00 320,500.00 320,800.00 300.00 12/01/2031 312,250.00 312,250.00 314,800.00 2,550.00 12/01/2032 308,750.00 308,750.00 313,600.00 4,850.00 12/01/2033 309,750.00 309,750.00 312,000.00 2,250.00 Total $2,824,820.83 $2,824,820.83 $2,848,725.00 $23,904.17 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 19,501.02 Net PV Cashflow Savings @ 3.801%(AIC)19,501.02 Contingency or Rounding Amount 224.15 Net Present Value Benefit $19,725.17 Net PV Benefit / $2,360,000 Refunded Principal 0.836% Net PV Benefit / $2,255,000 Refunding Principal 0.875% Refunding Bond Information Refunding Dated Date 2/19/2025 Refunding Delivery Date 2/19/2025 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 14 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 02/19/2025 - - - - - 06/01/2025 - - 31,945.83 31,945.83 - 12/01/2025 225,000.00 5.000% 56,375.00 281,375.00 313,320.83 06/01/2026 - - 50,750.00 50,750.00 - 12/01/2026 210,000.00 5.000% 50,750.00 260,750.00 311,500.00 06/01/2027 - - 45,500.00 45,500.00 - 12/01/2027 225,000.00 5.000% 45,500.00 270,500.00 316,000.00 06/01/2028 - - 39,875.00 39,875.00 - 12/01/2028 235,000.00 5.000% 39,875.00 274,875.00 314,750.00 06/01/2029 - - 34,000.00 34,000.00 - 12/01/2029 250,000.00 5.000% 34,000.00 284,000.00 318,000.00 06/01/2030 - - 27,750.00 27,750.00 - 12/01/2030 265,000.00 5.000% 27,750.00 292,750.00 320,500.00 06/01/2031 - - 21,125.00 21,125.00 - 12/01/2031 270,000.00 5.000% 21,125.00 291,125.00 312,250.00 06/01/2032 - - 14,375.00 14,375.00 - 12/01/2032 280,000.00 5.000% 14,375.00 294,375.00 308,750.00 06/01/2033 - - 7,375.00 7,375.00 - 12/01/2033 295,000.00 5.000% 7,375.00 302,375.00 309,750.00 Total $2,255,000.00 -$569,820.83 $2,824,820.83 - Yield Statistics Bond Year Dollars $11,396.42 Average Life 5.054 Years Average Coupon 5.0000000% Net Interest Cost (NIC)3.7617661% True Interest Cost (TIC)3.6054373% Bond Yield for Arbitrage Purposes 4.1569658% All Inclusive Cost (AIC)3.8010462% IRS Form 8038 Net Interest Cost 3.4183299% Weighted Average Maturity 5.120 Years 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 15 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/01/2025 225,000.00 5.000% 88,320.83 313,320.83 313,320.83 12/01/2026 210,000.00 5.000% 101,500.00 311,500.00 311,500.00 12/01/2027 225,000.00 5.000% 91,000.00 316,000.00 316,000.00 12/01/2028 235,000.00 5.000% 79,750.00 314,750.00 314,750.00 12/01/2029 250,000.00 5.000% 68,000.00 318,000.00 318,000.00 12/01/2030 265,000.00 5.000% 55,500.00 320,500.00 320,500.00 12/01/2031 270,000.00 5.000% 42,250.00 312,250.00 312,250.00 12/01/2032 280,000.00 5.000% 28,750.00 308,750.00 308,750.00 12/01/2033 295,000.00 5.000% 14,750.00 309,750.00 309,750.00 Total $2,255,000.00 -$569,820.83 $2,824,820.83 $2,824,820.83 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 16 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 12/01/2025 Serial Coupon 5.000% 3.500% 225,000.00 101.143% 227,571.75 12/01/2026 Serial Coupon 5.000% 3.400% 210,000.00 102.740% 215,754.00 12/01/2027 Serial Coupon 5.000% 3.400% 225,000.00 104.209% 234,470.25 12/01/2028 Serial Coupon 5.000% 3.350% 235,000.00 105.812% 248,658.20 12/01/2029 Serial Coupon 5.000% 3.350% 250,000.00 107.231% 268,077.50 12/01/2030 Serial Coupon 5.000% 3.450% 265,000.00 108.058% 286,353.70 12/01/2031 Serial Coupon 5.000% 3.500% 270,000.00 108.982% 294,251.40 12/01/2032 Serial Coupon 5.000% 3.650% 280,000.00 109.069% 305,393.20 12/01/2033 Serial Coupon 5.000% 3.700% 295,000.00 109.667% 323,517.65 Total ---$2,255,000.00 -$2,404,047.65 Bid Information Par Amount of Bonds $2,255,000.00 Reoffering Premium or (Discount)149,047.65 Gross Production $2,404,047.65 Total Underwriter's Discount (0.330%)$(7,933.36) Bid (106.258%)2,396,114.29 Total Purchase Price $2,396,114.29 Bond Year Dollars $11,396.42 Average Life 5.054 Years Average Coupon 5.0000000% Net Interest Cost (NIC)3.7617661% True Interest Cost (TIC)3.6054373% 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 17 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Current Refunding Escrow Date Principal Rate Interest Receipts Disbursements Cash Balance 02/19/2025 - - - 0.14 - 0.14 05/19/2025 2,375,363.00 4.610% 26,701.03 2,402,064.03 2,402,064.17 - Total $2,375,363.00 -$26,701.03 $2,402,064.17 $2,402,064.17 - Investment Parameters Investment Model [PV, GIC, or Securities]Securities Default investment yield target Unrestricted Cash Deposit 0.14 Cost of Investments Purchased with Bond Proceeds 2,375,363.00 Total Cost of Investments $2,375,363.14 Target Cost of Investments at bond yield $2,377,483.68 Actual positive or (negative) arbitrage 2,120.54 Yield to Receipt 4.5215996% Yield for Arbitrage Purposes 4.1569256% State and Local Government Series (SLGS) rates for 11/08/2024 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 18 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Current Refunding Escrow Summary Cost Maturity Type Coupon Yield $ Price Par Amount Principal Cost +Accrued Interest = Total Cost Current Refunding Escrow 05/19/2025 SLGS-CI 4.610% 4.610% 100.0000000% 2,375,363 2,375,363.00 - 2,375,363.00 Subtotal ---$2,375,363 $2,375,363.00 -$2,375,363.00 Total ---$2,375,363 $2,375,363.00 -$2,375,363.00 Current Refunding Escrow Cash Deposit 0.14 Cost of Investments Purchased with Bond Proceeds 2,375,363.00 Total Cost of Investments $2,375,363.14 Delivery Date 2/19/2025 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 19 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Primary Purpose Fund Proof Of Yield @ 4.5215996% Date Cashflow PV Factor Present Value Cumulative PV 02/19/2025 - 1.0000000x - - 05/19/2025 2,402,064.03 0.9888841x 2,375,363.00 2,375,363.00 Total $2,402,064.03 -$2,375,363.00 - Composition Of Initial Deposit Cost of Investments Purchased with Bond Proceeds 2,375,363.00 Adjusted Cost of Investments 2,375,363.00 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 20 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois $ 4,295,000 General Obligation (ARS) Bonds, Series 2014A FINAL Debt Service To Maturity And To Call Date Refunded Bonds Refunded Interest D/S To Call Principal Coupon Interest Refunded D/S 02/19/2025 - - - - - - - 05/19/2025 2,360,000.00 42,064.17 2,402,064.17 - - - - 06/01/2025 - - - - - 45,068.75 45,068.75 12/01/2025 - - - 225,000.00 3.000% 45,068.75 270,068.75 06/01/2026 - - - - - 41,693.75 41,693.75 12/01/2026 - - - 230,000.00 3.125% 41,693.75 271,693.75 06/01/2027 - - - - - 38,100.00 38,100.00 12/01/2027 - - - 245,000.00 4.000% 38,100.00 283,100.00 06/01/2028 - - - - - 33,200.00 33,200.00 12/01/2028 - - - 250,000.00 4.000% 33,200.00 283,200.00 06/01/2029 - - - - - 28,200.00 28,200.00 12/01/2029 - - - 265,000.00 4.000% 28,200.00 293,200.00 06/01/2030 - - - - - 22,900.00 22,900.00 12/01/2030 - - - 275,000.00 4.000% 22,900.00 297,900.00 06/01/2031 - - - - - 17,400.00 17,400.00 12/01/2031 - - - 280,000.00 4.000% 17,400.00 297,400.00 06/01/2032 - - - - - 11,800.00 11,800.00 12/01/2032 - - - 290,000.00 4.000% 11,800.00 301,800.00 06/01/2033 - - - - - 6,000.00 6,000.00 12/01/2033 - - - 300,000.00 4.000% 6,000.00 306,000.00 Total $2,360,000.00 $42,064.17 $2,402,064.17 $2,360,000.00 -$488,725.00 $2,848,725.00 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 2/19/2025 Average Life 5.027 Years Average Coupon 3.9548921% Weighted Average Maturity (Par Basis) 5.027 Years Weighted Average Maturity (Original Price Basis) 5.031 Years Refunding Bond Information Refunding Dated Date 2/19/2025 Refunding Delivery Date 2/19/2025 Series 2014A BKH FINAL | SINGLE PURPOSE | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 21 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025C Dated: February 19, 2025 / Not Callable Refunding of Series 2014A Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $3,015.00 Bond Counsel $10,000.00 Local Counsel $4,000.00 Rating Agency Fee $1,762.00 Paying Agent / Bond Registrar $1,250.00 Escrow Agent $500.00 TOTAL $20,527.00 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 22 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 12/01/2025 277,391.67 277,391.67 280,715.00 3,323.33 12/01/2026 274,000.00 274,000.00 276,515.00 2,515.00 12/01/2027 277,750.00 277,750.00 277,115.00 (635.00) 12/01/2028 275,750.00 275,750.00 277,192.50 1,442.50 12/01/2029 278,250.00 278,250.00 281,610.00 3,360.00 Total $1,383,141.67 $1,383,141.67 $1,393,147.50 $10,005.83 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 9,042.22 Net PV Cashflow Savings @ 3.872%(AIC)9,042.22 Contingency or Rounding Amount 1,562.45 Net Present Value Benefit $10,604.67 Net PV Benefit / $1,235,000 Refunded Principal 0.859% Net PV Benefit / $1,210,000 Refunding Principal 0.876% Refunding Bond Information Refunding Dated Date 2/19/2025 Refunding Delivery Date 2/19/2025 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 23 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 02/19/2025 - - - - - 06/01/2025 - - 17,141.67 17,141.67 - 12/01/2025 230,000.00 5.000% 30,250.00 260,250.00 277,391.67 06/01/2026 - - 24,500.00 24,500.00 - 12/01/2026 225,000.00 5.000% 24,500.00 249,500.00 274,000.00 06/01/2027 - - 18,875.00 18,875.00 - 12/01/2027 240,000.00 5.000% 18,875.00 258,875.00 277,750.00 06/01/2028 - - 12,875.00 12,875.00 - 12/01/2028 250,000.00 5.000% 12,875.00 262,875.00 275,750.00 06/01/2029 - - 6,625.00 6,625.00 - 12/01/2029 265,000.00 5.000% 6,625.00 271,625.00 278,250.00 Total $1,210,000.00 -$173,141.67 $1,383,141.67 - Yield Statistics Bond Year Dollars $3,462.83 Average Life 2.862 Years Average Coupon 5.0000001% Net Interest Cost (NIC)3.5434391% True Interest Cost (TIC)3.4420369% Bond Yield for Arbitrage Purposes 4.1569658% All Inclusive Cost (AIC)3.8720472% IRS Form 8038 Net Interest Cost 3.2387765% Weighted Average Maturity 2.894 Years 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 24 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/01/2025 230,000.00 5.000% 47,391.67 277,391.67 277,391.67 12/01/2026 225,000.00 5.000% 49,000.00 274,000.00 274,000.00 12/01/2027 240,000.00 5.000% 37,750.00 277,750.00 277,750.00 12/01/2028 250,000.00 5.000% 25,750.00 275,750.00 275,750.00 12/01/2029 265,000.00 5.000% 13,250.00 278,250.00 278,250.00 Total $1,210,000.00 -$173,141.67 $1,383,141.67 $1,383,141.67 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 25 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 12/01/2025 Serial Coupon 5.000% 3.500% 230,000.00 101.143% 232,628.90 12/01/2026 Serial Coupon 5.000% 3.350% 225,000.00 102.828% 231,363.00 12/01/2027 Serial Coupon 5.000% 3.400% 240,000.00 104.209% 250,101.60 12/01/2028 Serial Coupon 5.000% 3.350% 250,000.00 105.812% 264,530.00 12/01/2029 Serial Coupon 5.000% 3.200% 265,000.00 107.920% 285,988.00 Total ---$1,210,000.00 -$1,264,611.50 Bid Information Par Amount of Bonds $1,210,000.00 Reoffering Premium or (Discount)54,611.50 Gross Production $1,264,611.50 Total Underwriter's Discount (0.330%)$(4,173.22) Bid (104.168%)1,260,438.28 Total Purchase Price $1,260,438.28 Bond Year Dollars $3,462.83 Average Life 2.862 Years Average Coupon 5.0000001% Net Interest Cost (NIC)3.5434391% True Interest Cost (TIC)3.4420369% 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 26 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Current Refunding Escrow Date Principal Rate Interest Receipts Disbursements Cash Balance 02/19/2025 - - - 0.83 - 0.83 05/19/2025 1,244,675.00 4.610% 13,991.17 1,258,666.17 1,258,667.00 - Total $1,244,675.00 -$13,991.17 $1,258,667.00 $1,258,667.00 - Investment Parameters Investment Model [PV, GIC, or Securities]Securities Default investment yield target Unrestricted Cash Deposit 0.83 Cost of Investments Purchased with Bond Proceeds 1,244,675.00 Total Cost of Investments $1,244,675.83 Target Cost of Investments at bond yield $1,245,786.97 Actual positive or (negative) arbitrage 1,111.14 Yield to Receipt 4.5216000% Yield for Arbitrage Purposes 4.1569256% State and Local Government Series (SLGS) rates for 11/08/2024 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 27 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Current Refunding Escrow Summary Cost Maturity Type Coupon Yield $ Price Par Amount Principal Cost +Accrued Interest = Total Cost Current Refunding Escrow 05/19/2025 SLGS-CI 4.610% 4.610% 100.0000000% 1,244,675 1,244,675.00 - 1,244,675.00 Subtotal ---$1,244,675 $1,244,675.00 -$1,244,675.00 Total ---$1,244,675 $1,244,675.00 -$1,244,675.00 Current Refunding Escrow Cash Deposit 0.83 Cost of Investments Purchased with Bond Proceeds 1,244,675.00 Total Cost of Investments $1,244,675.83 Delivery Date 2/19/2025 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 28 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Primary Purpose Fund Proof Of Yield @ 4.5216000% Date Cashflow PV Factor Present Value Cumulative PV 02/19/2025 - 1.0000000x - - 05/19/2025 1,258,666.17 0.9888841x 1,244,675.00 1,244,675.00 Total $1,258,666.17 -$1,244,675.00 - Composition Of Initial Deposit Cost of Investments Purchased with Bond Proceeds 1,244,675.00 Adjusted Cost of Investments 1,244,675.00 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 29 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois $1,235,000 General Obligation (ARS) Bonds, Series 2014 Partial Refunding of Series 2005 FINAL Debt Service To Maturity And To Call Date Refunded Bonds Refunded Interest D/S To Call Principal Coupon Interest Refunded D/S 02/19/2025 - - - - - - - 05/19/2025 1,235,000.00 23,667.00 1,258,667.00 - - - - 06/01/2025 - - - - - 25,357.50 25,357.50 12/01/2025 - - - 230,000.00 4.000% 25,357.50 255,357.50 06/01/2026 - - - - - 20,757.50 20,757.50 12/01/2026 - - - 235,000.00 4.000% 20,757.50 255,757.50 06/01/2027 - - - - - 16,057.50 16,057.50 12/01/2027 - - - 245,000.00 4.050% 16,057.50 261,057.50 06/01/2028 - - - - - 11,096.25 11,096.25 12/01/2028 - - - 255,000.00 4.150% 11,096.25 266,096.25 06/01/2029 - - - - - 5,805.00 5,805.00 12/01/2029 - - - 270,000.00 4.300% 5,805.00 275,805.00 Total $1,235,000.00 $23,667.00 $1,258,667.00 $1,235,000.00 -$158,147.50 $1,393,147.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 2/19/2025 Average Life 2.864 Years Average Coupon 4.1600768% Weighted Average Maturity (Par Basis) 2.864 Years Weighted Average Maturity (Original Price Basis) 2.856 Years Refunding Bond Information Refunding Dated Date 2/19/2025 Refunding Delivery Date 2/19/2025 Series 2014 FINAL | SINGLE PURPOSE | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 30 Preliminary, As of November 11, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Refunding Bonds (Alternate Revenue Source), Series 2025D Dated: February 19, 2025 / Callable: Not Callable Refunding of Series 2014 Detail Costs Of Issuance Dated 02/19/2025 | Delivered 02/19/2025 COSTS OF ISSUANCE DETAIL Financial Advisor $1,546.00 Bond Counsel $10,000.00 Rating Agency Fee $904.00 Paying Agent / Bond Registrar $1,250.00 Escrow Agent $500.00 TOTAL $14,200.00 2025 ABCD | GO ARS Ref Bonds, Series | 11/11/2024 | 2:54 PM Speer Financial, Inc. Page 31 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #9 Tracking Number CC 2024-101 Parking Restrictions Code Amendment – FS Property City Council – December 10, 2024 Majority Approval Please see the attached memo. Jori Behland Administration Name Department Summary Consideration of an ordinance prohibiting overnight parking on the City-owned FS property between 2:00 a.m. and 6:00 a.m. daily. Background The City recently purchased the FS property, which has served as a public parking area. While preparing for the snow events, public works staff have expressed concern about the difficulties of clearing the lot because of vehicles being parked there overnight. Efficient snow removal is critical to maintaining the accessibility and safety of this lot for public use during the daytime hours. Clearing the lot overnight ensures residents and visitors have a cleared parking space available during the day. An overnight parking restriction from 2:00 a.m. to 6:00 a.m. would allow staff to clear snow without interruption and improve overall lot maintenance. Recommendation Staff recommends approval of the attached ordinance. Memorandum To: City Council From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: December 4, 2024 Subject: Parking Restrictions Code Amendment – FS Property Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING TITLE 6, CHAPTER 2, SECTION 6: RESTRICTIONS ON OVERNIGHT PARKING AND COMMERCIAL VEHICLE PARKING 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 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Yorkville City Code is hereby amended to add the following new paragraph B to Section 6-2-6, Chapter 2 of Title 6 thereof: “B. There shall be no overnight parking on parcels 02-33-154-013, 02-33-154-014, and 02-33- 154-018 (formally known as the FS property) during the hours of 2:00 a.m. to 6:00 a.m. daily” 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 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 #10 Tracking Number CC 2024-102 Amendment to the Yorkville City Code (Non-Home Rules Sales Tax) City Council – December 10, 2024 CC – 6/28/11 Ordinance was passed. CC 2011-74 Majority Approval Codifying the Non-Home Rules Sales Tax Already Implemented by the United City of Yorkville Pursuant to Ordinance 2011-26 Bart Olson Administration Name Department Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and validly existing non-home rule municipal corporation created under the provisions of Article VII, Section 7 of the Illinois Constitution of 1970 and the provisions of the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. (the “Illinois Municipal Code”) as from time to time supplemented and amended; and, WHEREAS, pursuant to Section 8-11-1.1 of the Illinois Municipal Code non-home rule municipalities are empowered with the authority, upon approval by referendum, to impose by ordinance the tax authorized in Sections 8-11-1.3, a Non-Home Rule Municipal Retailers’ Occupation Tax, and 8-11-1.4, a Non-Home Rule Municipal Retailers’ Service Occupation Tax, which are commonly referred to and known as a local sales taxes; and, WHEREAS, the electors of the United City of Yorkville approved a referendum imposing a Non-Home Rule Municipal Retailers’ Occupation Tax and a Non-Home Rule Municipal Service Occupation Tax at the consolidated election held on April 5, 2011, which taxes have been imposed in accordance with the Illinois Municipal Code; and, WHEREAS, it has been determined to include the imposition of the Non-Home Rule Municipal Occupation Tax and the Non-Home Rule Municipal Service Occupation Tax into the Yorkville City Code for convenient reference of its businesses and local consumers as hereinafter provided. 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 foregoing preambles to this Ordinance are hereby incorporated into this Section 1 as if fully set forth herein. Section 2. Title 3, Chapter 2 of the Yorkville City Code is hereby amended by adding the following sections 3-2-1.1 and 3-2-2.1: 3-2-1.1: Non-Home Rule Municipal Retailers’ Occupation Tax A. Tax imposed: A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled Ordinance No. 2024-____ Page 2 and registered with an agency of this State’s government, at retail in this municipality at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business. B. Tax return required: Every such person engaged in such business in the City shall file, on or before the last day of each calendar month, the report to the state Department of Revenue required by section three of “an act in relation to a tax upon persons engaged in the business of selling tangible personal property to purchasers for use or consumption” approved June 28, 1933, as amended (35 ILCS 120/1 et seq.). C. Payment of tax: At the time such report is filed, there shall be paid to the state Department of Revenue the amount of tax hereby imposed on account of the receipts from sales of tangible personal property during the preceding month. D. This Non-Home Rule Municipal Retailers’ Occupation Tax shall not be imposed on the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. E. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this Section 3.2-1.1. 3-2-2.1: Non-Home Rule Municipal Service Occupation Tax A. Tax imposed: A tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, at the rate of one percent (1%) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. B. Tax return required: Every supplier or serviceman required to account for municipal service occupation tax for the benefit of this municipality shall file, on or before, the last day of each calendar month, the report to the state Department of Revenue required by Section 9 of the Service Occupation Tax Act (35 ILCS 115/1 et seq.). Ordinance No. 2024-____ Page 3 C. Payment of tax: At the time such report is filed, there shall be paid to the state Department of Revenue the amount of tax hereby imposed. D. This Non-Home Rule Municipal Retailer’s Occupation Tax and the Non-Home Rule Municipal Service Occupation Tax shall not be imposed on the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. E. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this Section 3-2-2.1. 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 Ordinance No. 2024-____ Page 4 Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Park Board #1 Tracking Number CC 2024-103 2025 Sports Uniform & Equipment Contract City Council – December 10, 2024 PB – 11/21/24 Moved forward to City Council agenda. Supermajority (6 out of 9) Approval Please see the attached memo. Tim Evans Parks and Recreation Name Department Summary Review and approval of the 2025 Athletic Uniforms and Equipment Purchase Agreement with BSN Sports. Background The Yorkville Parks and Recreation Department is responsible for purchasing equipment and uniforms for athletic leagues and programs offered throughout the year for the City’s youth and adult sports leagues. When the City added the youth baseball and softball leagues four (4) years ago, and to ensure the City was receiving the best purchase prices, the Parks & Recreation Department released a Request For Proposal (RFP). Due to BSN Sports having an office location in Yorkville and with their prices comparable to other sports uniform and equipment sports companies, the Park Board and City Council approved staff’s recommendation to purchase sports uniforms and equipment with BSN Sports the past four years. BSN Sports has been a great partner with the Parks & Recreation Department as they have provided the needed uniforms and equipment in a timely manner, at competitive prices, with quality materials and at a high customer service level to staff and ultimately the participants. Also, due to BSN Sports having a local office in Yorkville, this allows for flexibility and promptness when receiving uniforms and equipment. Since the 2024 BSN Sports price agreement expires soon and with BSN keeping their 2025 prices at 2024 levels, plus their outstanding customer service and having a Yorkville office, staff is recommending that the City Council continues to purchase sports uniforms and equipment from BSN Sports. Attached is the 2025 purchase price agreement between the City and BSN sports. Because registration numbers are pending, as they occur over the course of the year, but based on previous years purchase orders, the City will purchase over $25,000 worth of athletic league uniforms and equipment in 2025. For reference, in 2024, the City is expected purchase over $80,000 of athletic uniforms and equipment from BSN Sports. The participant registration fees cover the BSN sports uniforms and equipment purchases for each program. Recommendation Staff requests City Council approval of the Park Board recommendation on the one-year 2025 purchase agreement with BSN Sports to purchase athletic equipment and uniforms for the City’s youth and adult athletic leagues. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Rob Fredrickson, Finance Director Bart Olson, City Administrator Date: December 2, 2024 Subject: 2025 Athletics Uniforms and Equipment Purchase Agreement Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING A CONTRACT WITH BSN SPORTS FOR THE PURCHASE OF ATHLETIC LEAGUE UNIFORMS AND EQUIPMENT WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City’s Municipal Code provides that the City may approve contracts for supplies and equipment that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the City is responsible for purchasing uniforms and other equipment for athletic leagues and other programs offered by the City’s parks department, the cost of which is covered by participant registration fees; and WHEREAS, the City currently contracts with BSN Sports for the purchase of these items and has found BSN Sports offers high quality products and customer service at competitive prices; and WHEREAS, the City’s current contract with BSN Sports for the purchase of athletic uniforms and equipment expires at the end of this year; and WHEREAS, BSN Sports has provided a quote for athletic uniforms and equipment for the year 2025 (the “Quote”), attached hereto as “Exhibit A”, said Quote providing equipment and athletic uniforms at the same prices as were offered in 2024; and WHEREAS, the City, therefore, desires to enter into a new contract with BSN Sports for the purchase of athletic uniforms and equipment during the calendar year 2025, pursuant to the terms of the Quote; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the health, safety and welfare of the City and its residents to waive the competitive bidding requirement and authorize and approve a one-year contract between the City and BSN Sports for the purchase of athletic uniforms and equipment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Resolution No. 2024-____ Page 2 Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. In consideration of the foregoing recitals, the competitive bidding requirement is hereby waived and the City Administrator is authorized and directed to proceed with the execution of a one-year agreement with BSN Sports for the purchase of athletic uniforms and equipment. Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 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 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 Park Board #2 Tracking Number CC 2024-104 Pepsico (Pepsi) Contract City Council – December 10, 2024 PB – 11/21/24 Moved forward to City Council agenda. Supermajority (6 out of 9) Approval Please see the attached memo. Tim Evans Parks and Recreation Name Department Summary Pepsico (Pepsi) Beverage Contract. Background For 15 plus years, the Parks and Recreation Department has entered into an agreement with Pepsico (Pepsi) to supply beverage products and equipment to both City owned concession stands (Beecher & Bridge), vending machines, and City sponsored events. The last agreement was signed in 2017 and was extended as the department did not meet its product purchase yield due to operational challenges of lack of demand during the COVID-19 pandemic. The current extended contract allowes for the department to receive a $2.00 per case rebate and a percentage of all Pepsi operated vending machine sales as well as set yearly product rate increases. The new proposed contract is presented on the attached pages. The contract highlights are as follows: 1) Five (5) year contract (2025-2029). 2) Sponsorship commitment of $3,000 for year one and $2,000 for years 2 – 5. 3) $2.00 per case in rebated funds. 4) 20% of all vending machine revenue as in the previous contract. 5) Pepsi will provide all equipment necessary for vending of its products. 6) Set 4% per year price increase on Pepsi products the City purchases. Staff reached out to Coca-Cola for a pricing and contract comparison but the City’s annual product purchase yield does not meet the minimum requirement that Coca-Cola requires to present a contract to the City. Recommendation Staff seeks City Council approval of the Park Board recommendation on the attached five (5) year contract with Pepsico (Pepsi) to provide beverage and equipment services to the Parks and Recreation Department. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks & Recreation CC: Shay Remus, Superintendent of Recreation Bart Olson, City Administrator Date: 12/02/2024 Subject: Pepsico (Pepsi) Beverage Contract Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PEPSI BEVERAGES COMPANY WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City’s Municipal Code provides that the City may approve contracts that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, vending machines and concession stands located on City property, including concession stands at Beecher Park and Bridge Park, are owned by the City and operated for the use and benefit of the public; and WHEREAS, the City hosts certain events every year and offers beverages for consumption at these events; and WHEREAS, the City has contracted with the Pepsi Beverage Company (“PepsiCo”) for over 15 years to provide beverages for City events, vending machines and concession stands; and WHEREAS, the City’s current contract with PepsiCo was entered into in 2017 and expires at the end of this year; and WHEREAS, PepsiCo has presented a new 5-year contract with the City to provide beverage service for the City’s vending machines, concessions and events (the “Contract”), attached hereto as “Exhibit A”; and WHEREAS, the City has an established relationship with PepsiCo, finds the terms of the Contract to be favorable to the City, and does not purchase a high enough volume of beverages for comparable beverage vendors to contract with the City; and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) have determined that it is in the best interests of the City and its residents to waive the competitive bidding requirement and to authorize and approve the Contract with PepsiCo. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. In consideration of the foregoing recitals, the competitive bidding requirement is waived and the City Administrator is hereby authorized and directed to execute the Contract with PepsiCo, in a form substantially similar to that attached as Exhibit A. Resolution No. 2024-____ Page 2 Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 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 #55737-2 BEVERAGE SALES AGREEMENT This sets forth the agreement (“Agreement”) between PepsiCo Beverage Sales, LLC, a Delaware limited liability company, and its affiliates and/or respective subsidiaries collectively comprising Pepsi Beverages Company with an office located at 1881 Bilter Road, Aurora, IL 60502 (“Pepsi”) and United City of Yorkville Parks and Recreation, with its principal place of business at 651 Prairie Point Drive, Yorkville, IL 60560 on its own behalf, on behalf of its affiliates and wholly- owned subsidiaries, and on behalf of its individual franchisees and licensees, if any (“Customer”). The support described below is in lieu of any other discounts, allowances or rebates to which Customer might otherwise be entitled from time to time. When fully executed, this Agreement will constitute a binding obligation of both parties until expiration or termination. Definitions As used in this Agreement, the following capitalized terms have the respective meanings assigned thereto below. “Beverage” or “Beverages” means all carbonated and non-carbonated, non-alcoholic drinks, however dispensed during the Term of the Agreement “Cases” means cases of Packaged Products (as defined herein) purchased by Customer from Pepsi during the Term, initially delivered in quantities of 24 plastic bottles, aluminum cans, glass bottles (or equalized 24 pack cases, e.g., two 12-pack cases), eight 2-liter plastic bottles, or such other size, quantity and type of containers as Pepsi may make available from time to time during the Term. “Competitive Products” means any and all Beverages other than the Products. “Equipment” means equipment loaned by Pepsi to Customer to dispense, store or cool Products (as defined below), as more fully described in Section 4 herein. “Gallons” means gallons of the Postmix Products purchased by Customer from Pepsi during the Term. “Outlets” means the Customer facilities within the existing Yorkville Parks and Recreation as listed in attached Exhibit A. In the event that new Outlets are added during the Term of this Agreement, the parties will create an updated Exhibit A and attach it hereto. The Outlets shall include the parking garages or other Customer-owned, leased, or operated, surrounding areas located at or within the facilities. “Packaged Products” means Beverages that are sold or distributed by Pepsi in pre-packaged form (e.g., bottles and cans). A current list of Pepsi’s Packaged Products is listed in attached Exhibit B which may be amended by Pepsi from time to time. “Postmix Products” means Beverages sold and/or distributed by Pepsi and used to create and prepare fountain beverages, frozen carbonated or non-carbonated beverages. A current list of Pepsi’s Postmix Products is listed in attached Exhibit B which may be amended by Pepsi from #55737-2 time to time. “Products” means Postmix Products, and Packaged Products. “Year” means each 12-month period during the Term commencing on the first day of the Term or an anniversary thereof. 1. Term The term of this Agreement will commence on October 1, 2024and the term will expire upon the later of September 30, 2029 or at such time as Customer’s collective purchases of Products meets or exceeds a volume threshold (the “Volume Threshold”) of 2,000 Gallons and Cases (the “Term”). For the purposes of measuring the Volume Threshold only, 1 Case of Packaged Product equals 1 Gallon of Postmix Product. Thus, in the event the Volume Threshold is not met on or before the date indicated above, then the Term will automatically extend for the period of time necessary until the Volume Threshold has been met (the “Automatic Extension”). Except for applicable Rebates, which may be earned during the Automatic Extension, Pepsi will not provide any other funding to Customer. 2. Performance This Agreement, including all of Pepsi’s support to Customer as described below, is contingent upon Customer complying, throughout the Term, with all of the following performance criteria: (A) Exclusivity. Pepsi is the exclusive Beverage supplier to Customer and the Outlets. Customer agrees to take all necessary steps to ensure that the Products are the exclusive Beverages of their respective types sold, dispensed or otherwise made available, or in any way advertised, displayed, represented or promoted at or in connection with the Outlets by any method or through any medium whatsoever (including without limitation digital, print, broadcast, direct mail, coupons, handbills, displays and signage), whether public or private. The Outlets and Customer will not serve, dispense or otherwise make available or permit the availability of, or in any way advertise, display, represent or promote, beverage products licensed by, or produced by bottlers licensed by, The Coca-Cola Company or any affiliate thereof, or any other supplier of Competitive Products. (B) Purchase and Resale of Products. Customer agrees to continuously purchase, and require its Outlets and purchasing representatives to purchase, Products exclusively and directly from Pepsi. Throughout the Term, Customer will continuously serve, dispense, sell and/or otherwise make Products available to its customers throughout the Outlets. Customer agrees to pay all accounts owing to Pepsi in accordance with payment terms as established by Pepsi. (C) Fountain Products. Customer agrees to use the Postmix Products for use in preparing the fountain beverage products (the “Fountain Products”): (i) in accordance with the standards established by Pepsi and (ii) only for immediate or imminent consumption; Customer agrees not to resell the Postmix Products either to nonaffiliated outlets or to consumers in any form other than the Fountain Products. #55737-2 (D) Ancillary Product. Customer agrees to purchase, and require its purchasing representatives to purchase all their respective requirements for carbon dioxide and branded disposable cups (“Ancillary Products”) exclusively from Pepsi. (E) Advertising Rights. Pepsi may advertise and promote its Products in and with respect to Customer and its Outlets upon mutually agreed to terms and conditions. In addition, Customer must display appropriate brand identification for each Product served on all menus (including catering and digital), menuboards and postmix dispensing valves at each of the Outlets throughout the Term. (F) Changes in Outlet(s). Customer will promptly notify Pepsi, in writing, of each new Outlet which is opened or acquired during the Term, as well as of any Outlet which is closed, sold or otherwise disposed of during the Term so that the parties may promptly update Exhibit A. If Customer or more than 10% of its Outlets are temporarily closed for more than thirty (30) days during the Term, Customer and Pepsi agree that any fixed, advance, or guaranteed funding will be adjusted proportionate with the period of time in which Customer or its Outlets are closed. Notwithstanding the foregoing, Pepsi will not prorate fixed, advanced, or guaranteed funding during seasonal Outlet closures or Outlet renovations acknowledged with Pepsi’s prior written approval, which shall not be unreasonably withheld. (G) Product Mix; Minimum SKU/Brand Requirement. Customer must mandate the distribution of a minimum core assortment of Products, including a mix of both Postmix Products and Packaged Products at each of the Outlets throughout the Term, as identified by Pepsi, based on Equipment type at the Outlets. At all times during the Term, the Customer agrees to mandate the distribution of a minimum of the following brands/SKUs of Products, as applicable, at each of the Outlets (“Required Brands/SKUS”). The Required Brands/SKUS shall be determined as follows: Pepsi, Pepsi Zero, Starry, Mtn Dew, Aquafina, and Gatorade. (H) Restrictions for Products. The parties recognize and agree that there are certain additional territorial restrictions that pertain to the purchase and resale of the Products. To the extent any prospective Outlet(s) are located outside the territories serviced by Pepsi, then Pepsi may, upon request by Customer, use commercially reasonable efforts to facilitate an agreement between the Pepsi-Cola bottler servicing the applicable territory and Customer with terms substantially similar to the terms of this Agreement. Furthermore, Customer agrees not to distribute or resell the Products, directly or indirectly, outside the territories serviced by Pepsi and shall cause its purchasing representative to abide by such territorial restrictions. (I) Best Taste Limit and Product Handling. Customer understands that the Products provided hereunder are provided with a best taste limit (“BTL”) date printed on the packaging. Neither Pepsi nor the bottlers replace Products that are past the BTL date. Customer agrees that no Product shall be sold past the BTL date, and that it shall abide by policies on product handling and quality control periodically published by the manufacturer. 3. Funding #55737-2 Provided Customer is not in breach of its performance obligations under this Agreement, Pepsi agrees to provide Customer with the funding described below. (A) Annual Support Funds. In each of Years one (1) through five (5), Pepsi agrees to provide Customer with annual support funds in the amounts set forth below not to exceed five (5) consecutive payments (the “Annual Support Funds”). Applicable Time Period Annual Support Funds Amount Year 1 $3,000 Year 2 $2,000 Year 3 $2,000 Year 4 $2,000 Year 5 $2,000 The Annual Support Funds will be paid to Customer within sixty (60) days after the end of each applicable Year. The Annual Support Funds are deemed earned upon payment. (B) Rebates. Each Year throughout the Term, Pepsi agrees to calculate the total number of eligible Cases and Gallons purchased by each of the applicable Outlets from Pepsi pursuant to this Agreement, and will provide Customer with rebates calculated based on applicable rates set forth below (the “Rebates”). The Rebates, as applicable, will be paid by Pepsi within ninety (90) days after the end of each Year. The parties agree that Pepsi will not accrue or pay any Rebates for sales to Outlets that are in breach of the Performance Requirements listed in Section 2 above. Rebates Rates Eligible Products* $2.00/Case 24-pack Cases of Aquafina, corporate CSDs, Gatorade, Dole Lemonade, Pepsi Zero Sugar, and LifeWTR Packaged Products $2.00/Case 12-pack Cases of Gatorade Propel Packaged Products *The following Products are excluded from Rebates: Keurig Dr Pepper products (C) Commissions. Pepsi will provide Customer with commissions, as a percentage of the actual cash (“cash in bag” or “CIB”) collected by Pepsi from the Vending Machines placed at the Outlets, less any applicable government-imposed taxes/fees and deposits, as applicable (“Commissions”). Such Commissions shall be at the rate(s) set forth below (the “Commission Rate”) and shall be calculated as follows: (CIB – applicable taxes/fees/deposits) * Commission Rate = Commission due Product Initial Vend Price Commission Rate* 20OZ corporate CSDs $2.50 15% 20oz Aquafina $2.00 15% 20oz Gatorade $2.50 15% *Commission Rates and Vend Prices for new Product will be mutually agreed upon by Pepsi and Customer (1) Commissions Payment. Pepsi shall pay Commissions to Customer within thirty #55737-2 (30) days of the end of each 4-week accounting period established by Pepsi. Pepsi shall make all pertinent revenue and sales records respecting the Vending Machines available to Customer. Customer agrees that it is responsible for reviewing such records and that any claim or dispute relating to the Commissions must be brought by Customer in writing within one (1) year of the date such Commissions payment is due. Customer further acknowledges and agrees that it shall not receive any Commissions payment from Pepsi if Commissions fail to reach a certain threshold amount per period or quarter. The current threshold amounts are $50 per four-week period or $75 per quarter. The threshold may be revised by Pepsi from time to time. (2) Change to Commission Rate/Formula. Customer agrees that Pepsi shall have the right to change the Commission Rate and/or its formula/method for calculating Commissions as may be required by applicable laws or as reasonably necessary to respond to legislative acts in order that the Commission Rate remains cost neutral. (3) Vend Price. The initial vend prices for Customer to qualify for any Commissions are set forth in the Commission chart above. Pepsi shall have the right to increase vend prices by $0.25 in Year three (3). Customer acknowledges that Pepsi has the right to pass through any incremental fees, deposits, taxes or other governmentally imposed charges (whether local, state, federal or judicially imposed on manufacturers, distributors, consumers or otherwise). The pass-through of any such governmentally imposed fees, deposits, taxes or charges on the Products will be in addition to any scheduled Vend Prices increases set forth herein or notification restrictions that may be specified in this Agreement. 4. Equipment and Service (A) Equipment. Pepsi will loan to Customer, at no charge, appropriate Equipment for dispensing the Products at the Outlets (except where local law, rule or regulation prohibits uncompensated placement of Equipment by soft drink vendors, in which case Pepsi will charge the minimum legal rental fee pursuant to a separate agreement with Customer). Where permitted by applicable local law, rule or regulation, the Equipment will be exclusively used to display and merchandise the Products as reasonably determined by Pepsi, and Customer will not use the Equipment to display, stock, advertise, sell or maintain any other products (including on the exterior of the Equipment). Title to such Equipment will remain vested in Pepsi or its affiliate and Customer will return all Equipment to Pepsi upon expiration or earlier termination of this Agreement. At Pepsi’s request, Customer will provide Pepsi with a written Equipment verification list indicating the asset number, Equipment type, and location of the Equipment loaned to Customer pursuant to this Agreement. To the extent that future technology enhancements, equipment platforms or products to support these platforms are substantially different in scope or composition compared to existing equipment components and products, Pepsi and Customer will work in good faith to negotiate the economic terms for implementation of the new technology equipment. (B) Vending Machines. With respect to the vending machine Equipment placed at the Outlets (the “Vending Machines”), Pepsi will have the additional responsibility for (i) stocking the #55737-2 Vending Machines with the Products and (ii) collecting, for its own account, all cash monies from the Vending Machines and for all related accounting for collected monies. Customer agrees to provide reasonable assistance to Pepsi in apprehending and prosecuting vandals. Pepsi shall not be obligated to pay Commissions on documented revenue losses resulting from vandalism or theft of Product with respect to any Vending Machines. Pepsi shall not be assessed common area maintenance fees, taxes or other charges based on its occupation of the space allocated to its Equipment at the Outlets. (C) Service. Pepsi will provide, at no charge to Customer, preventative maintenance and service to the Equipment. Pepsi will also provide Customer with a telephone number to request emergency repairs and receive technical assistance related to the Equipment after business hours. Pepsi will promptly respond to each Customer request, and will use reasonable efforts to remedy the related Equipment problem as soon as possible, however because delays in service may be caused by factors well outside of Pepsi’s control, Pepsi’s service record will be measured in the aggregate such that an isolated failure is not a material breach of the Agreement. 5. Pricing Customer will purchase, and will require that any third parties or purchasing representative for the Outlets to purchase, Products and Ancillary Products directly and exclusively from Pepsi pursuant to the pricing and terms and conditions set forth herein. The initial pricing schedule for Products is set forth on attached Exhibit B, which may be changed by Pepsi from time to time during the Term, provided, however, any price increases for Packaged Products will not exceed 4% per Year. Notwithstanding the foregoing, in the event Pepsi experiences extraordinary cost increases and/or changes in market conditions (including without limitation, changes to freight costs, raw material and packaging costs or other unusual cost changes in other cost factors), or experiences changes to applicable laws impacting Pepsi’s cost of doing business, such invoice prices are subject to additional increases by Pepsi. Pepsi will be entitled to pass-through any incremental fees, deposits, taxes or other governmentally imposed charges (whether local, state, federal or judicially imposed on manufacturers, distributors, consumers or otherwise). The pass-through of any such governmentally imposed fees, deposits, taxes or charges on the Products will not be subject to any pricing cap or notification restrictions that may be specified in this Agreement. 6. General Terms (A) Termination for Default. Either party may terminate this Agreement if the other commits a material breach of this Agreement; provided, however, that the terminating party has given the other party written notice of the breach and the other party has failed to remedy or cure the breach within thirty (30) days of such notice. If for any reason Customer closes one or more Outlets, or if one or more Outlets breaches the Agreement, then Pepsi shall have the option, in lieu of termination of the entire Agreement, to (i) adjust funding in Section 3 commensurate with the projected decline in volume; (ii) terminate the Agreement only as it pertains to the sold, closed or breaching Outlet(s); and (iii) obtain an equitable reimbursement for the portions of funding and other costs attributable to such sold, closed or breaching Outlet(s). Notwithstanding the foregoing, this paragraph will not apply to seasonal Outlet closures with Pepsi prior written approval, such approval not to be unreasonably withheld. #55737-2 (B) Remedies. If the Term of this Agreement is terminated early for any reason other than an uncured material breach by Pepsi pursuant to subsection (A) above, without prejudice to any other right or remedy available to Pepsi, Customer and its Outlets will surrender to Pepsi all Equipment provided by Pepsi and will forfeit all funding not paid as of the date of termination. (i) An amount reflecting reimbursement for the cost of installation, service and refurbishing of Equipment provided during the Term and the cost of removal of all Equipment that has been installed in the Outlets, as applicable; and (ii) An amount as liquidated damages, for lost sales suffered by Pepsi as a result of such termination, equal to the sum of: (a) the product of $7 multiplied by the projected number of Gallons of Postmix Products that Customer would have been expected to purchase during the remainder of the Term based on the Volume Threshold and Customer’s average annualized purchase rate and (b) the product of $10 multiplied by the projected number of 24-pk case equivalents of Packaged Products that Customer would have been expected to purchase during the remainder of the Term based on the Volume Threshold and Customer’s average annualized purchase rate. (C) Expiration. Upon expiration of this Agreement, if Customer has not entered into a further agreement with Pepsi for the purchase of the Products, Customer will surrender to Pepsi all Equipment installed in the Outlets. (D) Right of Offset. Pepsi reserves the right to withhold payments due hereunder as an offset against amounts not paid by Customer or its Outlets for Products ordered from and delivered by Pepsi and any and all balances due and payable to Pepsi pursuant to this Agreement or any separate services agreement between Customer and Pepsi and/or its subsidiaries and affiliates. (E) Non-Disclosure. Except as may otherwise be required by law or legal process or as reasonably necessary for either party to enforce its rights hereunder, neither party will disclose to unrelated third parties the terms and conditions of this Agreement without the consent of the other. (F) Assignment. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned or otherwise transferred by either party (whether by operation of law or otherwise) without the prior written consent of the other party, provided, however, that Pepsi may assign and transfer this Agreement (in whole and not in part) to an affiliate without the consent of Customer hereto if such affiliate is (x) capable of fully performing all obligations of the assignor hereunder and (y) agrees, in writing to perform all of the obligations and assume all liabilities of the assignor hereunder. In the event that a third party acquires Customer or substantially all Outlets or if Customer is acquired or merges with a third party, Customer will, in connection with such transaction, cause the acquiring party/merged entity, in writing, to ratify this Agreement and assume all of the obligations of Customer hereunder. In the event that Customer does not deliver written evidence of such ratification and assumption of this Agreement by the acquiring party or merged entity within ten (10) days following the closing of the transaction, Customer will be in breach of this Agreement and Pepsi may, at its option, terminate this Agreement effective #55737-2 immediately and Customer will pay to Pepsi all sums specified in Section 6(B) herein. (G) Governing Law. The laws of the state of Illinois govern all matters arising out of this Agreement. (H) Price Discrepancy. Any price discrepancy claim must be submitted to Pepsi within 365 days of the date of the invoice in question. If Customer makes a price discrepancy claim within 90 days of the invoice date, Customer must submit a written request specifying the particular Product, amount in dispute and reason for the dispute. This request should be addressed to: Accounts Receivable Pepsi-Cola Customer Service Center P.O. Box 10 Winston-Salem, North Carolina 27102 If Customer makes a price discrepancy claim from 91 to 365 days after the date of invoice, in addition to the written request as specified above, Customer must submit to Pepsi a copy of the invoice in question, copies of any check remittances pursuant to the invoice in question and any additional supporting documentation. (I) Tax. Neither Pepsi nor its affiliates will be responsible for any taxes payable, fees or other tax liability incurred by Customer in connection with the consideration or any other fees payable by Pepsi under this Agreement. If Pepsi is charged common area maintenance fees, taxes or other charges related to Pepsi’s occupation of the space allocated to its Equipment at the Outlets, Pepsi may make an adjustment to the consideration provided Section 3 above to offset for such costs. (J) Force Majeure. No party will be responsible to the other for any failure, in whole or in part, to perform any of its respective obligations hereunder, to the extent and for the length of time that performance is rendered impossible or commercially impracticable resulting directly or indirectly from any foreign or domestic embargo, product detention, seizure, act of God, pandemic, epidemic, insurrection, war and/or continuance of war, the passage or enactment of any law ordinance, regulation, ruling, or order interfering directly or indirectly with or rendering more burdensome the purchase, production, delivery or payment hereunder, including the lack of the usual means of transportation due to fire, flood, explosion, riot, strike or other acts of nature or man that are beyond the control of the parties unless such contingency is specifically excluded in another part of this Agreement (“Force Majeure Event”). Any party(s) so affected, will (i) use all reasonable efforts to minimize the effects thereof and (ii) promptly notify the other party(s) in writing of the Force Majeure and the effect of the Force Majeure on such party’s ability to perform its obligations hereunder. The affected party(s) will promptly resume performance after it is no longer subject to Force Majeure. In the event Customer’s performance is temporarily suspended pursuant to a Force Majeure Event, Pepsi’s funding obligations will be suspended for the duration of Customer’s nonperformance. Once Customer resumes performance or in the event Customer is able to perform some, but not all of its obligations herein, any fixed, advanced, or guaranteed funding will be adjusted commensurate with the decline in volume associated with the suspended or partial performance. #55737-2 (K) Waiver. No failure or delay of either party to exercise any rights or remedies under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or any other rights or remedies. Any waiver must be in writing and signed by the party waiving the rights. (L) Relationship of the Parties. The parties are independent contractors with respect to each other. Nothing contained in this Agreement creates a joint venture partnership between the parties. (M) Construction. Customer and Pepsi acknowledge that both parties participated equally in the negotiation of this Agreement and that, accordingly, in interpreting this Agreement, no weight shall be placed upon which party hereto or its counsel drafted the provision being interpreted. (N) Notices. Any notice which either party is required or permitted to give hereunder will be in writing, signed by the notifying party and will be either delivery by hand or nationally- recognized overnight courier service or deposited in the United States mail, certified or registered mail, return receipt requested, postage paid, addressed as follows: If to Customer, to the name and address set forth in the preamble herein. If to Pepsi, to the name and address set forth in the preamble herein, with a copy thereof to: Pepsi Beverages Company, 700 Anderson Hill Road, Purchase, NY 10577, Attention: PBNA Division General Counsel or to such addresses as the parties may subsequently provide in writing. Notice will be deemed to have been given when delivered by hand or nationally recognized overnight courier service, or when received as evidenced by the return receipt, or the date such notice is first refused, if that be the case. (O) Right of First Negotiation/Refusal. As of the commencement of this Agreement until ninety (90) days prior to the expiration of the Term, Customer hereby agrees to grant Pepsi exclusive negotiation rights with respect to extending the current Agreement or entering into a new agreement for Beverage pouring rights at the Outlets upon expiration of the current Term. If the parties have not entered into a new agreement by the ninetieth day prior to expiration of the Term, Customer will be free to enter into discussions/negotiations with third parties except that Customer hereby grants Pepsi the absolute right of first refusal to match any bona fide offers made by a third party with respect to Beverage pouring rights/sales at the Outlets. Customer will provide Pepsi with details of any such bona fide offers, and Pepsi will have a fifteen (15) day window to decide whether it will match such offer and exercise its right of first refusal. The parties agree that beverage type/category and not brand names will be considered for the purposes of determining a match. In the event that Pepsi declines to match such offer, or fails to respond within the fifteen (15) day period, then Customer will be free to enter into an agreement with any third party based on terms and conditions equal or favorable to those presented to Pepsi in connection with the notice specified herein. (P) Distribution Limitations. Pepsi reserves the right to limit quantities, withhold or deduct funding as an offset to amounts not paid by Customer or terminate this Agreement if Customer (i) sells Products directly or indirectly for resale outside of the Pepsi’s exclusive territory where the Outlet operates and (ii) purchases Products outside Pepsi’s exclusive territory where the Outlet operates and resells such Products within Pepsi’s exclusive territory. (Q) Entire Agreement. This Agreement contains the entire agreement between the parties #55737-2 hereto regarding the subject matter hereof and supersedes all other agreements between the parties. This Agreement may be amended or modified only by a writing signed by each of the parties. (R) Representations. Each of the undersigned parties, represent and warrant to the other that (i) the execution, delivery and performance of this Agreement will not violate any agreements with, or rights of, third parties or any statute, rule or regulation applicable to the party or any of its properties, assets or operations (including without limitation any financial reporting and disclosure requirements promulgated by the Securities and Exchange Commission), (ii) it is duly authorized and empowered to bind itself to the terms and conditions of this Agreement for the duration of the Term and (iii) it possesses legal authority to enter into and perform the terms and conditions of this Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date set forth below. PepsiCo Beverage Sales, LLC Yorkville Parks & Recreation Signature: Print Name: ________________________ Title: __________ Date: ____ Signature: Print Name: _________________________ Title: _______ Date: ______ #55737-2 Exhibit A Customer Outlets Yorkville Park & Rec Bridge Park 3651 Kennedy Rd, Yorkville, IL 60560 COF 9420379 Beecher Community Center 908 Game Farm Rd, Yorkville, IL 60560 COF 9201738 Yorkville PK Dist Beecher FSV COF 6149297 Yorkville PK Dist Riverfront FSV COF 6145760 Yorkville PK Dist Bridge FSV COF 6145755 #55737-2 Exhibit B Products and Prices 20oz Carbonated Soft Drinks: $28.00 20oz Gatorade: $28.00 20oz Dole Lemonade: $28.00 20oz Premium LifeWTR: $24.00 20oz Aquafina: $16.00 20oz/12pk Propel: $14.00 Please reach out to Foodservice Representative for any additional pricing! 2024 Representative Jordan Fuchs 630 885 7073 Jordan.Fuchs@pepsico.com Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #1 Tracking Number PZC 2024-01 & EDC 2024-53 Yorkville Renewables Solar (Nexamp) - (Rezone, Special Use, and Variance) City Council – December 10, 2024 Requested Rezoning, Special Use, and Variance approval for a proposed alternative energy system or “solar farm”. Rezoning – 2/3 Majority of the Alderman (6 out of 8) Special Use – Supermajority (6 out of 9) Variance – Majority Approval Sara Mendez Community Development Name Department CC – 9/24/24 At the 9/24/24 City Council meeting, this item was tabled to 10/8/24, and then tabled to 10/22/24. A presentation took place on 10/22/24. PZC 2024-01 & EDC 2024-53 1 BACKGROUND AND PROJECT DESCRIPTION: The applicant, Daniel Kramer on behalf of Nexamp dba Yorkville Renewables, LLC, contract leasee, is requesting rezoning, special use, and variance permit approval to construct a 5-megawatt (MW) freestanding community solar facility. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD) in parcels (#02-05-400-005 and #02-08-200-030). A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance 2024-05). The property is currently utilized for farming and the owners of the real property are Daniel A and Charene S Nagel. The petitioner is also requesting to rezone the parcel from the cu rrent R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. Lastly, the petitioner is requesting a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum interior side yard setbacks from one hundred (100) feet to fifty (50) feet. Memorandum To: City Council From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: September 17, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm (Rezone, Special Use, and Variance) 2 PLANNING AND ZONING COMMISSION COMMENTS: At the September 11, 2024, Planning and Zoning Commission meeting, the applicant, Nexamp dba Yorkville Renewables, LLC, clarified the details of their requested bulk and dimensional variance. Specifically, they are seeking a variance to Section 10-4-13 of the City’s Unified Development Ordinance to reduce the minimum interior side yard setbacks from the required one hundred (100) feet to fifty (50) feet. This clarification corrects the original Planning and Zoning Commission memo, which updated the previously requested reduction of the setback from fifty (50) feet to eight (8) feet. The original petition, submitted before the adoption of the Unified Development Ordinance, had already undergone a previous Plan Council meeting and, at that time, met the standards of the previous zoning ordinance regarding setbacks. The petitioner is now requesting to retain these original standards. REZONING, SPECIAL USE, & VARIANCE REQUEST: The Planning and Zoning Commission held a public hearing for the rezoning and special use request for a solar farm on September 11, 2024. The commission made the following actions on the motions below: REZONING In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-2 Single-Family Traditional Residence District to A-1 Agricultural District for the purpose of constructing a freestanding solar energy system, or solar farm, located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay SPECIAL USE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, as depicted in plans prepared by Atwell and submitted by Nexamp dated last revised 8/15/24 for approximately 23 acres located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to staff recommendations in a memo dated September 4, 2024. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay VARIANCE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for a request for bulk regulation variance to Section 10-4-13.B.8.b of the Unified Development Ordinance, reducing the north, west, and south property lines setback from 100 feet to 50 feet. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay 3 ATTACHMENTS: 1) Property Aerial dated 03/13/22, as prepared by Nexamp 2) Legal Description dated August 15, 2022, as prepared by Atwell Group 3) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 4) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 5) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 6) Manufactures Cut Sheets, as submitted by Nexamp 7) Interconnection Agreement with ComEd 8) Application for Rezoning, as prepared by Yorkville Renewables, LLC 9) Application for Special Use, as prepared by Yorkville Renewables, LLC 10) List of Property Owners within 500 feet of subject parcel 11) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 12) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 13) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 14) Rendering, dated June 13, 2024 15) Plan Council Packet (07-25-2024) 16) Public Hearing Notices 17) Response Letter to EEI, dated August 15, 2024 18) Final Site Plans, dated August 15, 2024 19) Truck Turn Analysis Construction/Delivery Traffic, dated August 15, 2024 20) Stormwater/Drainage Memorandum, dated August 16, 2024 21) Culvert Computations, dated August 16, 2024 22) Engineer’s Opinion of Probable Decommissioning Cost for Yorkville Solar, dated August 15, 2024 23) EEI Comments, dated October 19, 2023 24) EEI Comments, dated July 10, 2024 25) EEI Comments, dated August 27, 2024 26) Conditional Use Permit Narrative, dated June 14, 2024 27) Kendall County Highway Department Access Approval Email, dated November 9, 2022 Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GALENA ROAD AND ROUTE 47 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, Nexamp d/b/a Yorkville Renewables, LLC, an Illinois limited liability company (“Applicant”), is leasing approximately 23 acres for the proposed installation of approximately 11,712 freestanding solar energy systems on the property owned by Daniel A. and Charne S. Nagal, located at the southwest corner of Galena Road and Illinois Route 47 (N. Bridge Street) (“Subject Property”) within the corporate limits of the City legally described in Section 2 and as shown on Exhibit A attached hereto and made a part hereof, and is seeking rezoning of the Subject Property into the A-1 Agricultural Zoning District; and WHEREAS, the Subject Property was located within the former East Westbury Village Planned Unit Development and classified in the R-2 Single-Family Traditional Residence District as set forth in Section 10-3-4 of the Unified Development Ordinance; and WHEREAS, the Applicant desires to rezone the Subject Property into the A-1 Agricultural Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 11, 2024, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and Ordinance No. 2024-____ Page 2 WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-12 and made findings of fact and recommendation to the Mayor and City Council (“Corporate Authorities”) for approval of the rezoning; and WHEREAS, an objection to the requested relief was filed by the owner of 20% or more of the frontage immediately adjoining the property at issue, pursuant to Section 10-8-5 of the UDO and Section 11-13-14 of the Illinois Municipal Code, and therefore a two-thirds affirmative vote of the City Council is required to grant the requested relief; and WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. 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 and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described as: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, Ordinance No. 2024-____ Page 3 SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 Ordinance No. 2024-____ Page 4 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO Ordinance No. 2024-____ Page 5 THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, Ordinance No. 2024-____ Page 6 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG Ordinance No. 2024-____ Page 7 SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; Ordinance No. 2024-____ Page 8 THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID Ordinance No. 2024-____ Page 9 SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE Ordinance No. 2024-____ Page 10 SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Ordinance No. 2024-____ Page 11 ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE Ordinance No. 2024-____ Page 12 EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. Ordinance No. 2024-____ Page 13 EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER Ordinance No. 2024-____ Page 14 OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 Ordinance No. 2024-____ Page 15 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST Ordinance No. 2024-____ Page 16 LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• with Property Index Numbers 02-05-400-005 and 02-08-200-03 into the A-1 Agricultural Zoning District. Section 3. That the rezoning to A-1 Agricultural Zoning District approved through this Ordinance is contingent upon the approval of a special use permit for the Subject Property for use Ordinance No. 2024-____ Page 17 as a solar farm with freestanding solar energy systems, and should such special use permit be denied, the rezoning contemplated in this Ordinance shall not be granted. Section 4. That 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 Exhibit A LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603•   Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SPECIAL USE PERMIT ALLOWING FREESTANDING SOLAR ENERGY SYSTEMS ON CERTAIN TERRITORY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GALENA ROAD AND ROUTE 47 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, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.) the Mayor and the City Council of the City (collectively, the “Corporate Authorities”) may provide for the classification of special uses in its zoning ordinance; and WHEREAS, pursuant to the United City of Yorkville Unified Development Ordinance (the “UDO”), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and WHEREAS, Nexamp d/b/a Yorkville Renewables, LLC, an Illinois limited liability company (“the Lessee”), is leasing approximately 23 acres for the proposed installation of approximately 11,712 freestanding solar energy systems on the property owned by Daniel A. and Charne S. Nagal, located at the southwest corner of Galena Road and Illinois Route 47 (N. Bridge Street) (“Subject Property”) legally described in Section 2 of this Ordinance; and WHEREAS, under the authority of the UDO, the Subject Property is located in a designated A-1 Agricultural District and freestanding solar systems are allowed with a special use permit; and Ordinance No. 2024-____ Page 2 WHEREAS, the Corporate Authorities have received a request from the Lessee for a special use permit for the Subject Property to allow the solar farm with freestanding solar energy systems; and WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission on the proposed special use permit was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was sent by certified mail; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 11, 2024, for the consideration of the special use application; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-5D of the UDO; and WHEREAS, upon conclusion of said public hearing, the Planning and Zoning Commission made findings of fact and recommendation to the Corporate Authorities the approval with conditions for the special use for the Subject Property for a solar farm with freestanding solar energy systems; and WHEREAS, an objection to the requested relief was filed by the owner of 20% or more of the frontage immediately adjoining the property at issue, pursuant to Section 10-8-5 of the UDO and Section 11-13-14 of the Illinois Municipal Code, and therefore a two-thirds affirmative vote of the City Council is required to grant the requested relief; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2024-____ Page 3 Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the special use for the Subject Property, legally described as: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 Ordinance No. 2024-____ Page 4 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, Ordinance No. 2024-____ Page 5 HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 Ordinance No. 2024-____ Page 6 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, Ordinance No. 2024-____ Page 7 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF Ordinance No. 2024-____ Page 8 THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE Ordinance No. 2024-____ Page 9 BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE Ordinance No. 2024-____ Page 10 NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, Ordinance No. 2024-____ Page 11 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE Ordinance No. 2024-____ Page 12 NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE Ordinance No. 2024-____ Page 13 SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF Ordinance No. 2024-____ Page 14 TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION Ordinance No. 2024-____ Page 15 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH Ordinance No. 2024-____ Page 16 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE Ordinance No. 2024-____ Page 17 ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• with Property Index Numbers 02-05-400-005 and 02-08-200-03 or use as a solar farm with freestanding solar energy systems. Section 3. That the special use granted herein shall be constructed, operated, and maintained in accordance with the following plans, diagrams and conditions: A. One paved parking pad for off-street parking on the site. B. A blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. C. Approval of the City Public Works Director and City Engineer on the road composition. D. A performance guarantee in an amount of $1,741,254 as recommended by the City Engineer, attached hereto and made a part hereof as Exhibit A. E. Utilization of a modified Type D transition zone at a minimum of the eastern border facing Route 47. F. Compliance with work items listed in the review letters prepared by Engineering Enterprises, Inc. (EEI) dated October 19, 2023 revised July 10, 2024 and August 27, 2024, attached hereto and made a part hereof as Exhibit B. G. The developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. Ordinance No. 2024-____ Page 18 H. Substantial conformance with Special Use Application Plans prepared by Atwell, LLC and submitted by Nexamp, last revised and dated 08-15-2024, attached hereto and made a part hereof as Exhibit C. Section 4. That 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 Exhibit A Exhibit B © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8555 E: JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 466-6720 E: BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8549 E: PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI THExhibit C DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING A PROPERTY LINE SETBACK VARIANCE FOR CERTAIN TERRITORY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GALENA ROAD AND ROUTE 47 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, pursuant to the Illinois Municipal Code (65 ILCS 5/11-13-5) the Mayor and City Council of the City (the “Corporate Authorities”) may provide for and allow variances to provide relief when strict compliance with the requirements of the City of Yorkville Unified Development Ordinance (the “UDO”) presents a particular hardship; and WHEREAS, Nexamp d/b/a Yorkville Renewables, LLC, an Illinois limited liability company (the “Applicant”), requested relief from Section 10-4-13 of the UDO requiring the yard setbacks for solar farm equipment to be 100 feet from the property line; and WHEREAS, notice of a public hearing on said application was published and pursuant to said notice the Planning and Zoning Commission of the City conducted a public hearing on September 11, 2024, on said application in accordance with the State statutes and the ordinances of the City; and WHEREAS, the Planning and Zoning Commission made the required written Findings of Fact finding that the variation met the standards in Section 10-8-9C of the UDO and recommended that the variance be granted; and WHEREAS, an objection to the requested relief was filed by the owner of 20% or more of the frontage immediately adjoining the property at issue, pursuant to Section 10-8-5 of the UDO Ordinance No. 2024-____ Page 2 and Section 11-13-14 of the Illinois Municipal Code, and therefore a two-thirds affirmative vote of the City Council is required to grant the requested relief; and WHEREAS, the Corporate Authorities of the City of Yorkville have received and considered the recommendation of the Planning and Zoning Commission. 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 and made a part of this Ordinance. Section 2. That this Ordinance shall apply to the Subject Property legally described as: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID Ordinance No. 2024-____ Page 3 WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, Ordinance No. 2024-____ Page 4 THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); Ordinance No. 2024-____ Page 5 THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 Ordinance No. 2024-____ Page 6 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: Ordinance No. 2024-____ Page 7 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 Ordinance No. 2024-____ Page 8 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE Ordinance No. 2024-____ Page 9 FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, Ordinance No. 2024-____ Page 10 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN Ordinance No. 2024-____ Page 11 DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" Ordinance No. 2024-____ Page 12 EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO Ordinance No. 2024-____ Page 13 THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF Ordinance No. 2024-____ Page 14 THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 Ordinance No. 2024-____ Page 15 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF Ordinance No. 2024-____ Page 16 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• with Property Index Numbers 02-05-400-005 and 02-08-200-03. Section 3. That a variation pursuant to Section 10-4-13 of the Zoning Ordinance to permit solar farm equipment less than a minimum distance of 100 feet from the property line and to allow a solar equipment setback of 50 feet from the north and south property lines on the Subject Property is hereby granted. Section 4. That the variation approved through this Ordinance is contingent upon the approval of a special use permit for the Subject Property for use as a solar farm with freestanding solar energy systems, and should such special use permit be denied, the variation contemplated in this Ordinance shall not be granted. Ordinance No. 2024-____ Page 17 Section 5. That the solar equipment shall be constructed, operated, and maintained in accordance with the requirements of the Yorkville City Code and generally located as shown on the attached plat of survey provided by the Applicant and made a part hereof as Exhibit A. Section 6. That 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 © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8555 E: JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 466-6720 E: BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8549 E: PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI THExhibit A DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS 1 PROJECT SUMMARY: The applicant, Daniel Kramer on behalf of Nexamp dba Yorkville Renewables, LLC, contract leasee, is requesting rezoning, special use, and variance permit approval to construct a 5-megawatt (MW) freestanding community solar facility. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD) in parcels (#02-05-400-005 and #02-08-200-030). The property is currently utilized for farming and the owners of the real property are Daniel A and Charene S Nagal. The petitioner is also requesting to rezone the parcel from the current R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. Lastly, the petitioner is requesting a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum rear and interior side yard setbacks from fifty (50) feet to eight (8) feet. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: September 4, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm (Rezone, Special Use, and Variance) Packet materials from 9/11/24 PZC meeting to follow 2 PROPERTY BACKGROUND: The parcel is within a formally existing Planned Unit Development (PUD) known as the East Village of Westbury. A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance 2024-05). The underlying zoning of the property remained R-2 Single-Family Traditional Residence District. REZONING REQUEST: As previously stated, the subject parcel is currently zoned R-2, and the petitioner is requesting to rezone the property to A-1 Agricultural District for the purpose of constructing a solar farm. Per Table 10-3-12(B) Permitted and Special Uses of the City’s Unified Development Ordinance, solar farms are a special use in the A-1 Agricultural District. Therefore, the petitioner is seeking rezoning within the A-1 Agricultural District. This zoning classification would permit the continued farm use on the remainder of the land. Section 10-8-12.B.1 of the Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. The subject property consists of two (2) parcels (#02-05-400-005 and #02-08-200-030). The following are the current immediate surrounding zoning and land uses: 3 Zoning Land Use North Westhaven Planned Unit Development (R-2, R-3) Agriculture South Former Westbury East Village (R-2) Agriculture East IL Route 47 B-3 General Business District Transportation Land Use O’Keefe Property/Gas Station/Raging Waves Waterpark West A1-Special Use (Unincorporated Kendall County) Compost Facility/Agriculture SPECIAL USE REQUEST: Simultaneously with the rezoning request, the applicant is also seeking special use authorization. Section 10-8-5D.1 of the Unified Development Ordinance states specific standards for special use requests which all recommendation bodies will review and will be entered into the public record as part of the public hearing process. The petitioner has provided answers to each of the criteria in the application to these standards. Below is a summary of the various components of the proposed 23-acre solar farm development. VARIANCE REQUEST: Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required for solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (East) 100 feet 1,000 feet Interior Side (North) 100 feet 8 feet Side Yard (South) 50 feet from nonresidential/100 feet from residential 8 feet Rear (West) 50 feet from nonresidential/100 feet from residential 8 feet Section 10-8-9C.1 of the Unified Development Ordinance states specific standards for variance requests which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application to these standards. Solar Setbacks The location of the solar panels meets the front (east) yard setback for the Solar Farm use in the A-1 Agricultural District. However, the solar panels appear to encroach into the required rear and interior side yards to the south, west, and north. As stated in Section 10-4-13B.8.b of the City’s Unified Development Ordinance, the minimum distances required for the rear and interior side yard to the south, west, and north is 50 feet. As previously stated, the petitioner has filed a variance request to maintain 8 feet from the interior and rear yard setbacks. The original petition, submitted before the adoption of the Unified Development Ordinance, had already undergone a previous Plan Council meeting and, at that time, met the standards of the previous zoning ordinance regarding setbacks. The petitioner is now requesting to retain these original standards. Buffer Distances Section 10-4-13B.8.c and of the City’s Unified Development Ordinance provides specific buffer information for solar farms, roadway networks, and the Fox River. The location of the proposed solar panels meets the buffer area of one thousand (1,000) feet from the nearest solar array to roadway networks and 4 exceeds the one thousand (1,000) foot setback from the nearest solar array to the edge of the bank of the Fox River. PROPOSED EQUIPMENT The proposed community solar farm will consist of 11,712 arrays. The petitioner has stated in a Response Letter, dated June 24, 2024, the total number of tracker motors is estimated between 10 to 176, depending on the final design of the system. The petitioner has stated the operations phase of the lease is for 20 years with several extensions that could extend the operations phase of the project to over 40 years. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-4-13: Alternative Energy Use Standards of the City’s Unified Development Ordinance establishes zoning parameters and regulations by which solar and wind systems may be installed in the city, which were used in the review of this request. The following describes how the proposed plan meets the regulations for Solar Farm: Minimum Lot Size Sections 10-4-13B.1 of the Unified Development Ordinance states no solar farms shall be erected on any lot less than three (3) acres in size. In a Response Letter, June 13, 2024, the petitioner has stated the project intends to develop on approximately 23 acres of overall parcel. Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty (80) percent of a given parcel in this district. As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Height/Clearance The maximum structure height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4- 13B.6 in the Unified Development Ordinance. The petitioner has submitted an updated exhibit (Sheet C-600 D Standard Details) illustrating a maximum solar array height as approximately 20 feet at maximum tilt. Additionally, the petitioner’s exhibit (Sheet C-600 D Standard Details) indicates a minimum solar array clearance of two (2) feet. Accessory Use Section 10-4-13-A.2 of the City’s Unified Development Ordinance states solar and wind farms shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. The proposed solar farm will be accessory to the existing agricultural/farming land use, as only portion of the overall land is proposed for the community solar farm use (approx. 23.0 acres of 73.5 acres or ~31%). Distance from Residential Properties. In addition to meeting the required minimum setbacks, the closest array/module of the proposed solar farm will be ~1,297.8 feet from the nearest residential parcels to the north along Galena Road. 5 Glare Section 10-4-13B.13 of the Unified Development Ordinance states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the petitioner’s exhibit (Rendering, dated June 13, 2024) displays viewshed from angles around the solar farm that illustrate how far away the panels will be from the public- right-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north. Fencing The petitioner has proposed an eight (8) foot tall, galvanized chain link fence with slats to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate, as illustrated below. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, Fence Regulations for Solar Farms, states that systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Petitioner’s exhibit (Sheet C-600 C Standard Details) indicates the Knox-Box location on the fence that has been added to the Gate Detail for the City’s Building Department and Bristol Kendall Fire District (BKFD) in the event of an emergency. Noise Per the petitioner’s project summary, the transformer is the greatest source of noise on the property. Per the petitioner’s exhibit (Sheet C-300 C Site Plan Layout), the transformer is over 1,443.2 feet to the nearest residence located to the north on Galena Road. Signage Per Section 10-4-13B.9.a(1) and (2) of the City’s Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. Additionally, the signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall be displayed. The petitioner has submitted an updated exhibit (Sheet C-600 D Standard Details) that includes the emergency contact information, the dimensions of the emergency contact sign, and the sign’s location on the solar farm’s fence. 6 Utilities and Electric Service Provider Per Section 10-4-13B.4 of the Unified Development Ordinance, power and communication lines running in between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 6-8) for a wire connection near IL Route 47. Section 10-4-13-B.4.a of the Unified Development Ordinance states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. Section 10-4- 13-B.5 of the City’s Unified Development Ordinance states off-street parking provided on site shall be paved. Staff recommends the petitioner have one paved parking pad for off-street parking. Gravel roads are not permitted for vehicle travel. The petitioner’s exhibit (C-401 Grading Plan – Access Road) provides a gravel access road pavement section for review and consideration. The petitioner is proposing an 18-inch gravel compacted subgrade, which is consistent with other approved solar developments. Staff defers to the City Public Works Director and City Engineer before final approval on the road composition. Landscape Plan While landscaping is not required for solar farm uses, the petitioner’s landscape plan includes a mix of a few evergreen trees and mostly shrubs along the north and south borders of the area containing the solar panels. The City’s landscaping consultant has reviewed the proposed landscaping plan and concluded that while the mix of plantings does provide some screening, it does not meet the requirements of any transition zone described in the Unified Development Ordinance. Instead, the consultant recommends a modified Type D transition zone consisting of 5 native shade trees and 5 native understory trees per 100 linear feet. Existing native trees may be included toward this requirement if a tree survey documenting their presence and condition is submitted. The consultant also recommends native prairie grass and wildflower seeding in lieu of the 35 shrubs/native grasses per 100 linear feet. Additionally, the consultant has noted the requested transition zone plantings along Eldamain Road and Route 47 are not reflected in the plans. It is staff’s recommendation to utilize a modified Type D transition zone at a minimum of the eastern border facing Route 47. The applicant has stated in a Response Letter dated August 15, 2024, the modified transition zone D has been applied along the eastern fence line. We are supportive of the petitioner’s landscape buffer for the north and south due to the UDO regulation not requiring a landscape transition when agricultural land use is adjacent to residential land use. The petitioner has stated in their Response Letter that a maintenance plan will be provided with final construction drawings/permits. Abandoned Systems In the Unified Development Ordinance, Section 10-4-13-A.3 states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, the petitioner has provided an updated decommission plan narrative and 7 construction estimate of $1,209,203.99 at year 40 with a 3% annual inflation rate. A performance guarantee in an amount of $1,741,254 is recommended by the City Engineer. In addition to the security guarantee, staff also recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. The petitioner is aware of these conditions which will be a part of their special use authorization. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated August 27, 2024. Staff recommends the work items listed in the review letter will become conditions for the Special Use and a requirement for issuance of a building permit. POLICE COMMENTS: Per Police Department review of the submitted plans, staff recommends the developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendments consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 8 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). SPECIAL USE STANDARDS Section 10-8-5-D states specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 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 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 are being provided. 5. Adequate measures have been or will 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 official comprehensive plan of the City as amended. VARIANCE STANDARDS: Section 10-8-9-C states specific standards for variations which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. 2. The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district. 3. The difficulty or hardship is not created by any person presently having an interest in the property. 4. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 7. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood. 8. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. 9 COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as Estate/Conservation Residential (ERC). The Estate/Conservation Residential (ERC) designation is generally intended for future neighborhood developments that promote flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area and utilized this land designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support development of the land within the 10-year timeline of the plan. While the proposed A-1 Agricultural District is not significantly different to the large lot/low density residential envisioned for the Estate/Conservation Residential future land use designation, an amendment to the Comprehensive Plan would be required if the rezoning is approved. STAFF RECOMMENDATIONS: Staff recommends the following conditions to the special use: 1. Staff recommends the petitioner have one paved parking pad for off-street parking. 2. Staff recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. 3. Staff defers to the City Public Works Director and City Engineer before final approval on the road composition. 4. A performance guarantee in an amount of $1,741,254 is recommended by the City Engineer. 5. It is staff’s recommendation to utilize a modified Type D transition zone at a minimum of the eastern border facing Route 47. 6. Compliance with work items listed in the review letters prepared by Engineering Enterprises, Inc. (EEI) dated October 19, 2023 revised July 10, 2024 and August 27, 2024. 7. Staff recommends the developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. PROPOSED MOTIONS: REZONING In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-2 Single-Family Traditional Residence District to A-1 Agricultural District for the purpose of constructing a freestanding solar energy system, or solar farm, located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… SPECIAL USE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, as depicted in plans prepared by Atwell and submitted by Nexamp dated last revised 8/15/24 for approximately 23 acres located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to staff recommendations in a memo dated September 4, 2024 and further subject to… {insert any additional conditions of the Planning and Zoning Commission}… 10 VARIANCE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for a request for bulk regulation variance to Section 10-4-13.B.8.b of the Unified Development Ordinance, reducing the north, west, and south property lines setback from 50 feet to 8 feet, subject to… {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1) Property Aerial dated 03/13/22, as prepared by Nexamp 2) Legal Description dated August 15, 2022, as prepared by Atwell Group 3) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 4) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 5) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 6) Manufactures Cut Sheets, as submitted by Nexamp 7) Interconnection Agreement with ComEd 8) Application for Rezoning, as prepared by Yorkville Renewables, LLC 9) Application for Special Use, as prepared by Yorkville Renewables, LLC 10) List of Property Owners within 500 feet of subject parcel 11) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 12) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 13) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 14) Rendering, dated June 13, 2024 15) Plan Council Packet (07-25-2024) 16) Public Hearing Notices 17) Response Letter to EEI, dated August 15, 2024 18) Final Site Plans, dated August 15, 2024 19) Truck Turn Analysis Construction/Delivery Traffic, dated August 15, 2024 20) Stormwater/Drainage Memorandum, dated August 16, 2024 21) Culvert Computations, dated August 16, 2024 22) Engineer’s Opinion of Probable Decommissioning Cost for Yorkville Solar, dated August 15, 2024 23) EEI Comments, dated October 19, 2023 24) EEI Comments, dated July 10, 2024 25) EEI Comments, dated August 27, 2024 26) Conditional Use Permit Narrative, dated June 14, 2024 27) Kendall County Highway Department Access Approval Email, dated November 9, 2022 101 N Wacker Drive, Suite 200,Chicago, IL 60606 617.431.1440 |www.nexamp.com Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville,IL,60560 Yorkville Renewables, LLC Proposed Ground-Mounted Solar Farm Address:Near SWC of Galena Road and IL Route 47 PIN:02-08-200-030 RE: Response Letter We offer the following information in response to the comments provided by the City of Yorkville Engineer and Landscape consultants. Responses are in bold font. City Staff Comments: Zoning The subject property is currently located in within an existing Planned Unit Development (PUD) with underling zoning of R-2,R-4, and B-3. The following are the current immediate surrounding zoning and land uses: June 13, 2024 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com The proposed community solar farm will consist of approximately 11,712 arrays, per the project narrative. However, the Conceptual Layout (Sheet PV-101 A) prepared by Nexamp, dated October 13, 2021 states the number of arrays 13,234. Petitioner must verify the accurate number of arrays proposed.Nexamp Response:Sheet PV-101A should be removed from the application. That sheet has since be replace with the Civil Plans dated 6/11/2024 and attached hereto. The system appears to include two (2) inverters and one (1) transformer. Please verify and the total number of proposed tracker motors.Nexamp Responses: The total number of tracker motors is estimated between 10 and 176, depending on the final design of the system. The petitioner must provide the total amount of time proposed for the lease of the property to operate the proposed community solar farm. This includes any options to extend the lease term.Nexamp Responses, the Operations Phase of the Lease is for 20 years with several extensions that could extend the Operations Phase of the project to 40 years. Location on Site Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. The following compares the yard setbacks required for the A-1 Agricultural District and the proposed solar farm use: The location of the solar panels meets the front (east), side (south), and rear (west) yard setbacks for the A-1 District. However, it is undetermined if the solar panels encroach into the required interior side yard to the north.Nexamp Response: Solar Panels are setback a minimum 8 feet from the north property line.A variance is being requested to maintain 8 feet side and rear setbacks to the perimeter fence. Section 10-19-7-B of the zoning ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. Nexamp Response: Noted Staff has identified the north property line (parallel to Galena Road) as a side property line since there are intervening parcels between the property line of the subject property and Galena Road. The north property line adjacent to the proposed solar farm is not 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com considered a front yard due to Section 10-2-3: Definitions of the United City of Yorkville’s Zoning ordinance which establishes the lot line which abuts a street shall be the front lot line.Nexamp Response: Noted. Note: Page 2 of the Project Narrative dated March 9, 2022 references “County setback requirements”. This should be revised and resubmitted with correct City regulation references.Nexamp Response: Project narrative has been revised. The Site Plan should be revised to reflect the accurate distances from the property lines to the proposed solar panels and/or fence line.Nexamp Response: The Site Plan has been updated to included the accurate distance from property lines. The Site Plan should also indicate the distance of the proposed solar farm and/or the fence line to the nearest residential parcels to the north along Galena Road. o It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure.Nexamp Response: Dimensions to the nearest residential structures has been added to the plans. Height The maximum structure height in the A-1 Agricultural District is eighty (80) feet. Additionally, as stated in Section 10-19-7-D of the City’s Zoning Ordinance, the minimum clearance between the lowest point of the system and the surface which the system is mounted is ten (10) feet. Section 10-19-7-F states the maximum height will be stipulated as a special use condition. The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a maximum solar array height as approx. 20 feet at maximum tilt.Nexamp Response: Confirmed. The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a minimum solar array clearance as 2 feet.Nexamp Response: Confirmed. A variance will be required for the minimum clearance requirements.Nexamp Response: Noted. Glare/Lighting Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis.Nexamp Response: Confirmed. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com Staff requests the petitioner provides a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public rights-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north.Nexamp Response: Please see the attached renderings. Are motion-sensor security lights proposed to be provided at the transformer area? If so, details are requested.Nexamp Response: There will be no lighting on the project. Noise The transformer is the greatest source of noise on the property. Please verify the distance of the transformer to the nearest residences located to the north on Galena Road.Nexamp Response: Dimensions have been added to the plans. Fencing The petitioner has proposed an eight (8) foot tall, fixed knot farm fence to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate. As stated in Section 10-17-2-G, Fence Regulations for Industrial Districts of the Zoning Ordinance, states that a fence may be a maximum of eight (8) feet in height. This section of the code also states that chain link is a permitted material. Staff recommends an 8’ tall, galvanized chain link fence with slats.Nexamp Response: The fence detail on sheet C-300 has been revised to reflect this recommendation. A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD).Nexamp Response:A note indicating the Knox-Box location on the fence has been added to the Gate Detail on sheet C-600 Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits.Nexamp Response: Agreed Gravel roads are not permitted for vehicle travel. o Petitioner must provide details regarding the proposed material for the access road. Staff defers to the City Public Works Director and City Engineer for comment on the road composition.Nexamp Response:a gravel access road pavement section has been provided on the plans for review/consideration. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com Decommissioning The petitioner has provided a decommission plan. In addition to the decommissioning plan narrative, a construction estimate for the life of the lease must be provided with a 3% annual inflation rate which must be reviewed and approved by the City Engineer.Nexamp Response: A draft decommissioning estimate has been added. We recommend the decommissioning estimate be finalized with the Final Engineer Plans. Accessory Use Section 10-19-4-D states alternative energy systems shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland.Nexamp Response: Agreed Signage Section 10-19-4-F states that no commercial signage or attention getting device is permitted on any alternative energy system. The submitted plans do not indicate any signage will be located on the solar farm or the surrounding fence. Per Section 10-19-4-F states one (1) sign shall be permitted to indicate emergency contact information of the property owner or operator not to exceed two (2) square feet in area.Nexamp Response: The Emergency Contact Sign has been added to Sheet C-300. There will be several small danger signs a located on the fence on all sides of the fence as shown on Sheet C-300 as required by the National Electric Code. Landscaping Defer to Engineering Comments related to landscaping.Nexamp Response: See response in the Landscape comment section. Utilities The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com series of overhead poles (approx. 6-8) for a wire connection near IL Route 47.Nexamp Response: Agreed. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards.Nexamp Response: Agreed Blanket Easement A blanket easement for City access to the solar field will be required in the event the project is abandoned and requires decommissioning by the City.Nexamp Response: Noted. Economic Development Committee Comments The City’s Economic Development Committee will provide direction at their November 7, 2023 meeting to staff regarding the acceptable location of solar fam developments within Yorkville. Staff will provide that feedback to the petitioner during the Plan Council meeting on November 9th.Nexamp Response: As discussed at the November 7, 2023 meeting –the nearest solar plan is over 1,400 feet from Galena Road right-of-way and over 1,000 feet from Route 47 right-of-way, the remaindered of site is preserved for future development. Yorkville Police Department Comments: Roadway Concerns as listed below: 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com • Location of the driveway(s) into Yorkville Renewables The driveway location is existing and has been approved by the Kendall County DOT. This driveway location is complemented by pervious land use approvals. • Driveway(s) clearly marked with signage in both directions Warning sign has been added to the plans near the driveway entrance. • Distance from driveway(s) on Galena Road to the intersection of Rt. 47 would be concerning due to vehicle speeds on Galena Road The proposed facility will generate little traffic during the operation of the facility. There is anticipated to be 20 site visits with maintenance personnel per year. Ingress/Egress Are warning signs for cross traffic requested:Warning sign has been added to the plans near the driveway entrance. Emergency Contact for after hours construction: Information needed Will Police have access (through gated development) in case of emergency?Yes, there will be a knox box located near the entry gate for emergency response personnel. Security Will there be security cameras used on site?There will be a camera on site. If you will have camera access on site would the police department have remote access into the system for emergency purposes only?The camera will be closed circuit but upon request, Nexamp Operations Center can relay visual information from the camera to emergency personnel. Will the gate be alarmed?Nexamp Response:The gate will not be alarmed but will be locked when Company personnel are not on-site. A knox-box will be located near the gate in case emergency personnel need to access the project area. City Engineer Comments (EEI): 1. The following Permits may be required during final engineering and should be provided to the City of Yorkville when obtained. The City and EEI should be copied on all correspondence with agencies. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com IEPA NPDES General Construction Permit is Required. The Notice of Intent must be filed with IEPA 30 days prior to start of construction.Nexamp Response: A copy of the NOI will be provided to the City of Yorkville with the Final Engineering Plan submittal. Stormwater permit application in accordance with the Yorkville Storm Water Management Ordinance (Kendall Countywide Ordinance)Nexamp Response: The project will comply with the Storm Water Management Ordinance including an application for Stormwater Permit. Kendall County for access to Galena Road.Nexamp Response: See attached access agreement. 2.Since the project is non-residential development on more than 3 acres it must meet the stormwater detention requirements per the Stormwater Ordinance. Nexamp Response:Detention basins have been provided to the maximum extent possible and will achieve the required detention. 3.There is a floodplain on the property associated with Rob Roy Creek that was identified in the Interim Hydrologic &Hydraulic Analysis of Rob Roy Creek, 2005. The property will have a to be developed in accordance with the floodplain provisions of the City’s stormwater ordinance. The flood elevation is between 658 and 656. Please see the attached exhibit.Nexamp Response: The approximate location of the FEMA mapped floodway area has been added to the SUP Plans. The project does not intend to construct within the floodway but metal foundations and gravel access drive within the EEI mapped floodway.The project will comply with the floodplain requirements of the City’s stormwater ordinance. Also, the EEI mapped floodplain has been added to the plans. The equipment within the EEI mapped floodplain will be raised above the BFE. 4.Any impacts to the wetlands should be designed in accordance with the United City of Yorkville’s Wetland Protection Regulations.Nexamp Response:The plans have been revised to avoid impacts to the one isolated wetland the property. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com 5.A field tile survey will be required.Nexamp Response: At the time of Final Engineering Plan, a tile survey and mitigation plan will be provided. 6.Perimeter easements will need to be provided. These easements should be a minimum of 20’ along Galena Road and Rt 47.Nexamp Response:The location of the proposed 20’ easements along Galena Road and Route 47 have been added to the SUP Plans.Easement documents will be drafted and executed during the Final Engineer Plan stage. 7.The decommissioning bond or letter of credit will need to be 120% of the approved estimate.Nexamp Response:At the time of Final Engineering Plans and after the decommissioning estimate is approved by City of Yorkville, decommissioning surety will be provided. 8.The comments in the attached review letter from the City’s landscaping consultant must be addressed and a revised landscaping plan submitted. Nexamp Response: See responses to the landscaping consultant comments. 9.The following will need to be submitted with the Final Engineering Plans: a.Additional information as shown in the provided checklist.Nexamp Response: At the time of Final Engineering Plans, the project will be comply with the checklist provided. b.Truck turning exhibits for delivery and emergency vehicles.Nexamp Response: At the time of Final Engineering Plans,truck turning exhibits will be provided. c.Photometric plan.Nexamp Response: There will be no lighting associated with this project. d.Decommissioning cost estimate.Nexamp Response: At the time of Final Engineering Plans,a Decommissioning estimate will be provided. City Landscape Consultant Comments (Hey and Associates): 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com 1.Parkway Landscaping: A minimum of one tree per 50 linear feet of frontage is required along Galena Road and Route 47.Nexamp Response: Attached Landscape Plan has been revised to show proposed parkway landscaping. 2.Perimeter Landscaping: The proposed development does not directly abut single-family residential property, so therefore perimeter landscaping requirements do not apply.Nexamp Response: Noted. 3.Parking Lot Landscaping:The proposed development does not include parking lots; therefore, parking lot landscaping requirements do not apply.Nexamp Response: Noted. 4.Lot landscaping:Lot landscaping requirements are not met.Nonresidential developments include 2 shade trees and 15 shrubs be provided for every 20,000 square feet of lot area. We understand trees and shrubs may not be desirable near the solar array, but the eastern half o the site appears vacant. Consider native plantings to enhance the Rob Roy Creek corridor, which would complement the proposed pollinator friendly solar array seed mix. Nexamp Response: Attached Landscape Plan has been revised to show lot landscaping to the maximum extent possible given most of the development area will require access to sun light.The project will not be located near the Rob Roy Creek. The intent is the Rob Roy Creek will not be impacted by the proposed solar project. Further improvements to Rob Roy Creek can be address with further development of the remaining property. Stormwater Storage Basin Landscaping: No stormwater storage basins were found; therefore, these requirements do not apply.Nexamp Response:Per the Engineering Review comments, stormwater basins have been added to the site plans. Per the landscape code, no basin landscaping is required as they are located outside of the front and side setbacks. 5.Tree Preservation: Tree Preservation standards apply to all development parcels greater than five acres; therefore, these requirements apply to this site. A review 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com of Google Earth imagery reveals trees are present on the site, but that there may not be trees present on the portion of the site proposed for development. Nexamp Response: Agreed, there are no trees present within the development area of the site. 6.General Standards:The landscape plan indicates a “Native Pollinator Friendly Solar Array Seed Mix” will be installed but no details are provided. Plan should species (both botanic and common names) and seeding rate of mix. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds.Nexamp Response: A detailed seed mix has been added to the plans. Also, attached the maintenance plan. The plans should indicate what is proposed on the eastern half of the site that appears vacant.Nexamp Response: The remaining undeveloped property will remain in agricultural production until an application is made at a future date to develop the remaining property. PLAN COUNCIL AGENDA Thursday, July 25, 2024 9:00 a.m. City Hall Community Development 3rd Floor – East Conference Room Remote Access via Zoom 1. Minutes for approval: May 23, 2024 2. PZC 2024-01 Yorkville Renewables – Nexamp Solar – Rezoning, Special Use & Variance Adjournment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 DRAFT Page 1 of 4 UNITED CITY OF YORKVILLE PLAN COUNCIL Community Development East Conference Room, 3rd floor 651 Prairie Pointe Drive, Yorkville, IL Thursday, May 23, 2024 9:00am IN ATTENDANCE: Krysti Barksdale Noble, City of Yorkville Community Development Director Sara Mendez, City of Yorkville Planner 1 Bart Olson, City Administrator (arr. 9:07am) Brad Sanderson, EEI/City Engineer Eric Dhuse, Public Works Director Pete Ratos, Building Code Official (arr. 9:02am) Lynn Dubajic Kellogg, City Consultant (arr. 9:08am) Pamela Whitfield, EEI Scott McCarty, BKFD Mike Torrence, BKFD Dave Riendeau, Manhard Consulting Doug Shannon, Gary R. Weber Associates Russ Whitaker, Rosanova & Whitaker Bradd Hout, Cyrus One Matt, D. R. Horton Nathan Sevener Ms. Noble called the meeting to order at 9:00am. 1. Minutes for approval: February 8, 2024 The minutes were approved as presented. All meeting participants introduced themselves and Ms. Noble explained the procedure for the meeting. 2. PZC 2024-14 Grande Reserve – Units 10 & 11 – Final Plat Background: Ms. Noble said this proposal is for Units 10a and 11a of Grande Reserve and consists of 22 acres with 158 new residential townhome lots. The parcel will be developed in phases and at full buildout will consist of 312 townhomes, 14 more than originally planned. The preliminary plans of final plats were pre-approved in April 2005 but never recorded and have expired. Regarding the concept plans, they are consistent with those previously approved and will be reviewed by the city for a number count as well as architecturally per the Comprehensive Plan. There had been an Economic Incentive Agreement in 2021 which reduced a portion of the unplanned development from duplex units to single family resulting in a reduction of 11 single family homes, so the increased 14 have not resulted in an imbalance. Page 2 of 4 Per the Comp Plan, the homeowners will be responsible for snowplowing in the cul-de-sacs. Staff will also require a declaration of CCR's. (Codes, Covenants and Restrictions). Also required are appearance standards and staff has now received color renderings and are reviewing. There is a credit system in the ordinance giving credit for certain architectural features which has been met and credit given. The plats do indicate the lots meet the building setbacks, but there are standards that dictate minimum building-to-building setbacks. The certificate block on units 10a and 11a should be revised to 'Planning and Zoning Commission' rather than 'Plan Commission'. Comments from Engineer Brad Sanderson are detailed in a letter in the agenda packet. Public Works and the Building Code Official had no comment at this time. Ms. Noble said the next step is the June 4th EDC meeting at which time she will have an updated memo and she asked for other updated material by May 31st. 3. PZC 2024-15 C-1 Yorkville (Cyrus One) – PUD & Preliminary PUD Plan Background: Ms. Noble said this plan is for 230 acres at Faxon and Eldamain. The site is proposed for a data center with 9 stand-alone buildings and 6 stormwater basins which would be built in phases over 10-20 years. It is zoned for this type of land use, however, the petitioner has asked for 13 proposed deviations from the M-2 general manufacturing standards. Per the UDO, there is a requested list of approved PUD standards to be met and at least one to qualify for a PUD. Staff thinks that standard #12, the regional utility improvement, would qualify. Other Comments: 1. The written responses were adequate. Ms. Noble noted that the requested deviation for future energy industrial use regulations is not in the UDO at this time. They are requesting a waiver for future standards being adopted which staff supports. 2. Regarding the preliminary PUD plan, the petitioner has 3 years (because it's a Special Use) to do a Final Plat without the preliminary plan expiring. 3. Mr. Hout said each building takes approximately 12-15 months to build and they hope to move dirt in 2025. 4. The building setbacks are met, but a deviation is requested from the internal building, for which Ms. Noble asked for clarification. They will request zero setbacks at this time until it is decided. Mr. Ratos added that they still must meet the fire and building codes. 5. Clarification is needed if total site coverage is 24% or 35%. The building height is OK. 6. Parking deviation is also being requested. Cyrus One did calculations on gross floor space, while it should be based on net floor space. Staff says there should be no less than 400 parking spots which is shared parking for all the buildings. A minimum of 10 electric vehicle charging stations is requested. Page 3 of 4 7. Off-street loading is OK. 8. There are 4 components for a landscape plan. The petitioner is asking for a blanket variance for landscape standards, but staff is not comfortable until the plan is received. The Comp Plan also calls for a rural character buffer along Eldamain. A specific plan is needed to grant the deviation. 9. Ms. Noble noted the deviation request for mechanical screening which staff supports. The city has engaged a sound engineer to determine where the mechanical units should be located and if more landscaping is needed or a different placement. 10. Mr. Sevener, sound engineer, said the Yorkville noise ordinance has a tonal penalty which may or may not apply to cooling equipment. Outdoor chillers can cause a high strong tonal component. Ms. Noble noted that the sound is measured on the receiving property, not on the site and different numbers apply on residential property vs. non-residential. 11. Mr. Whitaker asked how the city ordinance differs from the pollution control board standard? IBPC has a more extensive ordinance with limitations at different frequencies. 12. Fencing heights needs to be verified on the plan. The height will be 8 feet and it will be an ornamental black fence. It may be taller around the sub-station. 13. Appearance Standards: The Petitioner is asking for relief from a building recess. The city is asking for the recess on the sides abutting streets. The material meets the facade requirements and staff also requested some type of window feature to break up the long expanse. 14. Signage: No monument sign planned, but there will be signage 15. Address: The proposal will have single site address, but individual buildings will be clearly marked. 16. Photometric plan: This plan is needed. 17. Mr. Hout noted the main entrance was moved to Eldamain with a secondary access on Faxon. A third access on Beecher was removed. 18. There are a couple wetlands identified with no setbacks around them. The Army Corps will visit to ascertain wetlands setbacks and then the buffer can be determined. 19. Mike Torrence/BKFD comments: Developer needs to insure access around buildings, roads must bear weight of fire trucks and hydrants are needed. Hydrant locations will be included on the plans. 20. There was a discussion of the complete rebuild of Faxon and Beecher. Mr. Whitaker asked about reimbursement for half the road reconstruction, however, Mr. Olson said it is not in the agreement and city ordinance requires this. Timing of construction will be discussed and Mr. Olson said it could be done after construction. They also discussed easements and rights-of-way. Faxon would be the road primarily used for construction traffic. 21. Mr. Whitaker asked if the developer had to improve Beecher Rd. even though the project will have no access on Beecher per the revised plan. Mr. Olson replied yes. Bright Farms improved all the way Page 4 of 4 to their entrance and developments there are funding road improvements. 22. Police Comments: Ms. Noble said the PD asked if they will have access to the gate in the complex. The Police and Fire will both have access and there will be a Knox box and ability to open the gate which will have an alarm. The police also asked if they will have access to the security cameras for emergency purposes. Maps or floor plans will be available for emergencies. There will be on-site security. 23. Ms. Noble said the next steps are the June 4 EDC meeting and a June or July PZC meeting, depending on the project being a PUD agreement or development agreement. Mr. Hout said the focus should be on a PUD. Public Hearing notices and other deadlines were noted. An updated plan and narrative are needed by May 27th. Adjournment There was no further business and the meeting adjourned at 10:08am. Minutes respectfully transcribed by Marlys Young, Minute Taker I have reviewed the applications for Rezoning, Special Use, and Variance request dated June 13, 2024 as submitted by Daniel Kramer on behalf of Nexamp, Yorkville Renewables, LLC, petitioner. The following supplemental materials were included within the original applications including the newly submitted supplemental materials from June 13, 2024: 1) Project Narrative/System Design Summary dated March 9, 2022, as prepared by Nexamp 2) Property Aerial dated 03/13/22, as prepared by Nexamp 3) Legal Description dated August 15, 2022, as prepared by Atwell Group 4) ALTA Survey/NSPS Land Title Survey dated 11/23/2022, as prepared by 5) Special Use Application Plans dated 8/18/22, as prepared by Atwell Group and submitted by Nexamp 6) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 7) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 8) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 9) Manufactures Cut Sheets, as submitted by Nexamp 10) Interconnection Agreement with ComEd 11) Decommissioning Plan, as prepared by Nexamp 12) Application for Rezoning, as prepared by Yorkville Renewables, LLC 13) Application for Special Use, as prepared by Yorkville Renewables, LLC 14) List of Property Owners within 500 feet of subject parcel 15) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 16) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 17) Preliminary Decommissioning Cost Estimate for Yorkville Solar During First 5 Years of Operation, dated January 29, 2024 18) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 19) Final Site Plans, dated June 11, 2024 20) Stormwater Memo, dated February 9, 2024 21) Conditional Use Permit Narrative, dated June 14, 2024 22) Rendering, dated June 13, 2024 23) Kendall County Highway Department Access Approval Email, dated November 9, 2022 The petitioner is seeking to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm “garden”. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD). The petitioner is also requesting to rezone the parcel from the current R2 Single-Family Traditional Residence District to A-1 Agricultural District zoning for a solar farm and will also require a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum rear and interior side yard setbacks from one hundred (100) feet to eight (8) feet. Memorandum To: Plan Council From: Sara Mendez, Planner I Date: July 18, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm Rezoning, Special Use, and Variance Based upon my review of the application documents and preliminary plans, I have compiled the following comments (requests to the petitioner are underlined): WESTBURY PUD AGREEMENT COMMENTS: 1. The parcel is within a formally existing Planned Unit Development (PUD) known as East Village of Westbury. 2. A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance No. 2024-05). 3. The underlying zoning of the property will remain R-2 Single-Family Traditional Residence District. REZONING COMMENTS: 1. Per Table 10-3-12(B) Permitted and Special Uses of the Unified Development Ordinance, solar farms are special uses in the A-1 Agricultural District. 2. Section 10-8-12B of the Unified Development Ordinance states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. VARIANCE COMMENTS 1. Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The petitioner is seeking a variance to decrease the minimum rear and interior side yard setbacks from one hundred (100) feet to eight (8) feet. 2. Section 10-8-9C.1 of the Unified Development Ordinance states specific standards for variance requests which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application to these standards. SPECIAL USE COMMENTS: Zoning The subject property consists of two (2) parcels (#02-05-400-005 and 02-08-200-030) which are currently zoned R-2. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Westhaven Planned Unit Development (R-2, R-3) Agriculture South Former Westbury East Village (R-2) Agriculture East IL Route 47 B-3 General Business District Transportation Land Use O’Keefe Property/Gas Station/Raging Waves Waterpark West A1-Special Use (Unincorporated Kendall County) Compost Facility/Agriculture • The proposed community solar farm will consist of approximately 11,712 arrays, per the Conditional Use Permit Narrative dated June 14, 2024. • In a Response Letter dated June 13, 2024, the petitioner has stated the total number of tracker motors is estimated between 10 to 176, depending on the final design of the system. • In a Response Letter dated June 13, 2024, the petitioner has stated the operations phase of the lease is for 20 years with several extensions that could extend the operations phase of the project to 40 years. • The Site Layout Plan (Exhibit C-300 C) should be updated to reflect the correct zoning of the property, R-2 Single-Family Traditional Residence District. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required for solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (East) 100 feet 1,000 feet Interior Side (North) 100 feet 8 feet Side Yard (South) 50 feet from nonresidential/100 feet from residential 8 feet Rear (West) 50 feet from nonresidential/100 feet from residential 8 feet • The location of the solar panels meets the front (east) yard setback for the Solar Farm uses in the A-1 Agricultural District. However, the solar panels appear to encroach into the required rear and interior side yards to the south, west, and north. o The minimum distances required for the rear and west and for the side and south and north is 100 feet, excluding the fence. o The petitioner has filed a variance request to maintain 8 feet from the interior side and rear yard setbacks. • Section 10-4-13B.8.b of the Unified Development Ordinance states that all parts of any freestanding solar energy system shall be set back one hundred (100) feet from side and rear property lines. • Staff has identified the north property line (parallel to Galena Road) as a side property line since there are intervening parcels between the property line of the subject property and Galena Road. The north property line adjacent to the proposed solar farm is not considered a front yard due to Section 10-2-6: Frontage definition in the Unified Development Ordinance which establishes the lot line which abuts a street shall be the front lot line. • The Site Layout Plan (Exhibit C-300 C) should be revised to reflect the proposed interior side yard (north) setback. • The petitioner’s exhibit (C-300 C) indicates the distance of the proposed solar farm and/or the fence line to the nearest residential parcels to the north along Galena Road. • The location of the solar panels meets the buffer area of one thousand (1,000) feet from the nearest solar array to roadway networks, per petitioner’s Exhibit C-300 C. • The location of the solar panels exceeds the one thousand (1,000) foot setback from the nearest solar array to the edge of the bank of the Fox River. Minimum Lot Size Section 10-4-13B.1 of the Unified Development Ordinance states no solar farms shall be erected on any lot less than three (3) acres in size. • In a Response Letter dated June 13, 2024, the petitioner has stated the project intends to develop on approximately 23 acres of overall parcel Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty (80) percent of a given parcel in this district. • As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Height The maximum structure height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. • The petitioner’s exhibit should be revised to display the height of the solar array. Glare/Lighting Section 10-4-13B.13 of the Unified Development Ordinance states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlig ht throughout the day. • The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. • The petitioner’s exhibit (Rendering, dated June 13, 2024) displays viewshed from angles around the solar farm that illustrate how far away the panels will be from the public-right-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north. Noise The transformer is the greatest source of noise on the property. • The petitioner’s exhibit (Sheet C-300 C Site Plan Layout) indicates the transformer is 1,443.2 feet to the nearest residence located to the north on Galena Road. Fencing The petitioner has proposed an eight (8) foot tall, galvanized chain link fence with slats to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, Fence Regulations for Solar Farms, states that systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. • A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD). • Petitioner’s exhibit (Sheet C-600 C Standard Details) indicates the Knox-Box location on the fence that has been added to the Gate Detail Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). • The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. • Section 10-4-13-B.5 of the City’s Unified Development Ordinance states off-street parking provided on site shall be paved. o Staff recommends the petitioner have a paved area for off-street parking. • Gravel roads are not permitted for vehicle travel. o The petitioner’s exhibit (C-401 Grading Plan – Access Road) provides a gravel access road pavement section for review and consideration. Staff defers to the City Public Works Director and City Engineer for comment on the road composition. Decommissioning Estimate/Plan The petitioner has provided a decommission plan. • Staff defers to City Engineer. Accessory Use Section 10-4-13-A.2 of the City’s Unified Development Ordinance states solar and wind farms shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. • As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Signage Per Section 10-4-13B.9.a(1) and (2) of the City’s Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. • Additionally, the signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall be displayed. • The emergency contact sign in petitioner’s exhibit C-600 C should be revised to provide the dimensions of the emergency contact sign. Landscaping • Defer to Engineering Comments related to landscaping. Utilities Per Section 10-4-13B.4 of the Unified Development Ordinance, power and communication lines running in between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. • The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 6-8) for a wire connection near IL Route 47. Utility Service Provider Section 10-4-13-B.4.a of the Unified Development Ordinance states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. • The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Special Use Standards Section 10-8-5-D state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. Easement Access Section 10-4-13-B.14 of the City’s Unified Development Ordinance states an easement, or other authorized means of access as determined by the City Attorney, shall be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 202400006174 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/04/2024 01:35 PM RECORDING FEE 57.00 PAGES: 6 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-25 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 28'day of May, 2024 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on June 4,2024. Ordinance No.2024-25 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY 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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the First Developer") acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement,as amended(the"Planned Unit Development Agreement")for the East Westbury Subdivision consisting of three hundred(300)acres(the"Acreage") located in the City; and WHEREAS,the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS,the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner's name(the"Current Owners"); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E,POD 5-E,POD 6-E and 7-E ("Phase I") further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth,which confirmation has now been received. WHEREAS,on May 9,2006,there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled `Memorandum of Contract Regarding Obligation to Dedicate School/Park Site'. To the extent that the City and/ or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. 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 foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the"Corporate Authorities") on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a.That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, Ordinance No.2024-25 Page 2 b.With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02- 06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c.With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be,and shall remain as,Legal Non-Conforming Uses in the Zoning District. d.That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006,with exception and exclusion of the area designated as Phase I.As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi- plex/townhomes,both as marked on Exhibit B; and, e.That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f.That the foregoing covenants and agreements are contingent upon (i) obtaining a written release within eighteen (18) months of execution of this ordinance from Yorkville's School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, ii)the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and(ii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of 418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City's release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. Ordinance No.2024-25 Page 3 Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 28th day of May,A.D. 2024. IT CLERK KEN KOCH ABSENT DAN TRANSIER AYE ARDEN JOE PLOCHER ABSENT 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 3I day of NA 9 A.D. 2024. MAYOR Ordinance No.2024-25 Page 4 CO 000 VI LU Y tO tO N N N N N N N N N N I$ O } O J J La' ati a 4 a- 1 a-- 1 a- 1 LT;I '- I a 1 '- I a- 1 Lfl o 0j y' m 0 0 0 0 0 0 0 0 0 0 t0 Q 3 a t0 t0 tD t0 m tO tO t0 t0 t0 J O Z Y Y - J J J J J J J J J J - CC0 Y o ` o > J J J J J J J J J J j U o > > 0 0 0 0 0 0 0 0 0 0 0 0 C > p 0 Nl F- oF ovt VH LH LnI- LnF vN nF cc7 O 3 LU LU CC z m CC CC CC CCoc CC m I- H m m CO m Ct7 00 m CO m m CO CC Z N in 0 0 0 0 0 0 0 0 0 0 0 0 ac. a;+ + cc cc cc cc cc cc cc K K Z U v v in a a a a a a a a a a 1. 01 H to L10 C0 Z Z Z Z Z Z Z Z Z Z O1 I- N - p - 0 tO LU LU W W W W W W W LUt0 Y m m HI a a a a a a a a a a HI Z X 0 l0 C9 0 0 0 0 U . 0 x W VI VI 0 CO 00 00 tO CO CO tO t0 tO N 0 CC LU n N m . i ,- 1 '- 1 a a- 1 HI N N N 01 Cp cc en 010101010101COMOIN M N l , 1 0 0 0 0 0 0 0 0 0 0 0 0 U HI HI HI CL ati a- 1 - 1 H a1 HI HI a-- 1 HI Hi O_ T T a+ 4, CO CO N 01 CC m N N Q E E wJ 7• 7 0 >- m` m` a0 cc m ai ai 2 = E E g x E E m 1- 2 2 a of D Q g w m cc CCto to 1- w x -- 1 i_ IJICC 0 J J W J Q Q 1,- 1CC -- 1 J O -- 1O U1 U . 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'\ t14 a r T C i s, s 1 MITI l IPl I XC a.,`yr '„w .,> , ,• r.,. F c'I' 13acres F° ° • ` i 1 1 ,. i're" e. a y. 124 unite t w 1 A t• , x d POD 3B-E R• r :Y' I MULTI-FLEX A t y 4, r .sr t r '.. A I 1.16.3 a acres r t 138 unicst ' for ... * ,„ u' gyms n''''' L'`144Nfe,">11":: '''' ok'''''' r b;/, 1 re f 8-G 2 r ° tS t. OPEN SPACE f wr+ .A s+**• 7,; r o .... -1. ;9' 9F r a ,, rye+ Z19ntiont. ' .• `.` 4 V 9\, Y I` • f retention Fps*-- `NM{ 1 POD S I tM 4 r ;''se t•t jr t 1 y ` a T + I4r SINGLE FAMILY A ;y I r POD 5-Es I7 F 7 acres y 4 L?. u I• t • I,'m4 47 units a i1 I ,i,j,: Y' \' y//r fl i MUL"I7-FLEX B r9 4 Viz+ 13.52 acres T S.11k ISIKL I R,ttI F PIN 02.-08-400-004ct:;:::'-l 96.59Acres fAac •t4rtr+s ...., 1.9i acmx ,J z 1 r P Phase I xa r 4A-E W OPEN SPA('I 1 L I, , • * p 97 n acres POD 6-E golf/ retenrior J 4 f SINGLE FAMILY B11, rt t 3` 31.68 acresr s' fps 35 11nin f- 149 IQ-E. rr fir1`ARKSITE'1 t j I MUL1]-PL.EXC 13.79 acres s ` Itr n i 170 onus 4 `,7 . 4 4 4g-E lie t i 1y <# OPEN SPACE i.• 114 4 '4 .j4444 4 4 N. 7,',/,ry ,+'}„'+'V 2 3.29acres rerenrion westbury 4. ,i EAST VILLAGE a rr . r„ coin/ells resad SCALE'-itn NORTH Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: October 3, 2023 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review – PZC 2023 - Project Name: Yorkville Renewables, LLC Nexamp Solar Westbury (Nagel) Applicant Name: Dan and Charene Nagel Petitioner Name: Christopher F. Clark (Yorkville Renewables, LLC) Project Number: PZC 2023- Project Location: 10292 Galena Road, Yorkville, IL (Parcel # 02-08-200-030) The comments listed below are referenced to the above project: Signage Handicapped Signage Required: ____ Yes __X__ No Comments: N/A **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended ____ Yes __X__ No School Zone Special Signage ____ Yes __X__ No Special Speed Zone Signage Requested ____ Yes __X__ No No Parking Signage Recommended? ____ Yes __X__ No ____ No Parking After 2” Snow Fall No Parking Locations: • N/A Dedicated Parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School ____ Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there Street Name Conflicts? ____ Yes __X__ No Comments: N/A Pedestrian/Bike Path Crossing Signage? ____ Yes __X__ No Warning Ahead Signs are Required NO Construction Traffic Signage being requested? ____ Yes __X__ No Location: _________________________________________________________ ***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 Street Width: _____________ Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Concerns as listed below: • Location of the driveway(s) into Yorkville Renewables • Driveway(s) clearly marked with signage in both directions • Distance from driveway(s) on Galena Road to the intersection of Rt. 47 would be concerning due to vehicle speeds on Galena Road Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Comments: N/A Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __1__ Are vehicle entrance/exits safe? ____ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: Information needed Is this a gated or controlled access development? __X__ Yes ____ No If yes, will Police & Fire have Access? __X__ Yes ____ No Comments: Will police have access in case of emergency? Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? ____ Yes __X__ No Will this cause traffic choke points? ____ Yes __X__ No Are sidewalks being planned for the development? ____ Yes __X__ No Are sidewalk crosswalks needed? ____ Yes __X__ No Are there bike paths planned for this project? ____ Yes __X__ No Proper Signage needed for bike paths ____ Yes ____ No ____ Stop Signs ____ Yield Signs ____ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Ample Parking on Site? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there other City Ordinance Concerns? ____ Yes ____ No ____ Noise Ordinance ____ Parking Ordinances ____ Alarm Ordinance Security Will security cameras be in use? ____ Yes ____ No Comments: Will there be security cameras used on site? Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: If you will have camera access on site would the police department have remote access into the system for emergency purposes only? What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: Will the gate be alarmed? Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: N/A I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION PZC 2024-01 NOTICE IS HEREBY GIVEN THAT Yorkville Renewables, LLC, contract lessee, and Daniel A. and Charene S. Nagel, property owners, petitioners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification, special use authorization, and a bulk regulation variance approval. The real property is located on the southwest corner of Galena Road and Illinois Route 47. The petitioners are requesting rezoning approval from R-2 Single-Family Traditional Residence District to A-1 Agricultural District. The petitioners are also requesting special use permit approval in pursuant to Section 10-8-5 of the Unified Development Ordinance for a solar farm. Lastly, the petitioners are requesting a bulk regulation variance to Section 10-4-13.B of the Unified Development Ordinance requesting a reduction in the north, west, and south property lines setback from 50 feet to 8 feet. The legal description is as follows: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635- 114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO T HE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWES T QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINN ING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SE CTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CUR VE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 8 6 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT -OF- WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• PINs: 02-05-400-005 and 02-08-200-030 A copy of the application is available for review during normal City business hours at the office of the Community Development Director. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a Public Hearing on said applications on Wednesday, September 11, 2024 at 7 p.m. at the United City of Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JORI BEHLAND City Clerk COUNTY, ILLINOIS. 1250 E. Diehl Road, Suite 300 | Naperville, IL 60563 | 630.577.0800 Tel | 630.577.0900 Fax | www.atwell-group.com August 15th, 2024 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 651 Prairie Pointe Yorkville, IL 60560 Atwell, LLC Project No. 22001787 RE: City of Yorkville/EEI Yorkville Renewables Ms. Krysti Barksdale-Noble, Atwell, LLC is in receipt of City of Yorkville’s/EEI‘s review letter, dated July 10, 2024 and Hey and Associates, Inc. review letter dated July 2, 2024, regarding their review of the submittal made for the proposed Yorkville Renewables project off of Galena Road in Yorkville, IL 60560. We have revised the plans according to those comments, and we offer the following responses. EEI Comments General Review Comments: Comment 1: The following permits may be required and should be provided to the city when obtained. The City and EEI should be copied on all correspondence with the agencies. • IEPA NPDES General Construction Permit is required. The Notice of Intent must be filed with IEPA 30 days prior to start of construction. • Stormwater permit application in accordance with the Yorkville Storm Water Management Ordinance (Kendall Countywide Ordinance). • Kendall County for access to Galena Road. • IDOT for access to Route 47. Response 1: Acknowledged. Comment 2: We acknowledge the receipt of the approval from Kendall County for access to Galena Rd. Response 2: Acknowledged. Comment 3: A field tile survey will be required. Response 3: A Drain Tile Investigation Survey is the process of being coordinated with Huddleston McBride. A copy of the completed survey will be provided upon receipt. Comment 4: A plat of easement for perimeter and stormwater management easements will be required. Response 4: Acknowledged, a plat of easement will be provided with final construction drawings/permits. Page 2 of 7 Comment 5: The decommissioning bond or letter of credit will need to be 120% of the approved estimate. Response 5: Acknowledged, this has been included in the OPC and will be provided with final construction drawings/permits. Comment 6: The comments in the attached review letter from the City’s landscaping consultant must be addressed and a revised landscaping plan submitted. Response 6: All comments from the attached landscaping consultant have been addressed. Comment 7: Truck turning exhibits for delivery and emergency vehicles should be submitted. Response 7: A truck turning exhibit has been provided with this submittal. Stormwater Management Memo Review Comments: Comment 8: A City of Yorkville Stormwater Permit Application should be submitted. Response 8: Acknowledged, the Stormwater Permit will be provided with final construction drawings/permits. Comment 9: The report should be signed and sealed by a Professional Engineer prior to final approval. Response 9: Acknowledged, the revised stormwater memo has been signed and sealed by a Professional Engineer. Comment 10: After discussions with Kendall County, it was determined that the following criteria should be used for design of stormwater management systems for solar farms: • The change from agricultural to native vegetation will not be considered as being hydrologically disturbed. • Disturbance area should only include areas to be graded or areas where surface type will be changed to impervious area. Response 10: Acknowledged, due to this change in requirement detention basins are no longer requirement for this project. Comment 11: In the Proposed Conditions section, the narrative says that the “project will flow both undetained and detained offsite”. It should be noted that the detention is onsite. Response 11: The detention basins have been removed from the plans and the note revised. Comment 12: The northeast basin should have 1-foot of freeboard. Response 12: The detention basins have been removed from the plans. Comment 13: Provide volume calculations for the compensatory storage area. Response 13: The proposed entrance road off of Route 47 is no longer proposing fill within the flood zone. Compensatory storage is no longer required. Page 3 of 7 Comment 14: Provide storm sewer calculations. Response 14: Calculations for the culverts have been provided as part of this submittal. Comment 15: Provide orifice and spillway calculations for the release rates. Response 15: The detention basins/spillways have been removed from the plans. Final Engineering Plans Review Comments: C-000 Cover Sheet Comment 16: The plans shall be signed and sealed by a Professional Engineer prior to final approval. Response 16: A seal and signature has been added to the cover sheet. Comment 17: The street address for the City’s contacts should be revised to 651 Prairie Pointe. Response 17: The City address has been updated on the cover sheet. C-200 Soil Erosion and Sediment Control Plan Comment 18: Silt fence is needed on the west side of the site. Response 18: A silt fence has been added to the west side of the site. Comment 19: The slopes of the detention basins should have erosion control blanket. It’s unclear at this scale if it is shown or not. Response 19: The detention basins have been removed from the plans. Comment 20: Culvert protection should be shown for the proposed culverts. Response 20: Permanent riprap protection is proposed for all culverts. C-300 Site Layout Plan Comment 21: Does the driveway off of Rte 47 just end at the floodplain? If traffic is intended to cross the floodplain construction purposes, then the road should be shown extended. Response 21: The driveway off of Route 47 is intended only for access to the utility poles along that road. Access to the solar arrays will be off of Galena Road. Comment 22: If the Rte 47 driveway is intended to be used as shown, is it necessary to have the HMA apron for the limited traffic that would be using that driveway. Response 22: An HMA apron is required by IDOT. C-402 Grading Plan – Basins Comment 23: Show the proposed grading after the stockpiles are removed. Page 4 of 7 Response 23: The existing stockpiles are in the process of being removed. Once they are removed the site will be re-surveyed and a copy will be provided to the city. Comment 24: The volume provided for the southwest basin is shown as 103.983 cu ft, but the stormwater report shows a volume of 17,442 cu ft. Confirm the correct volume. Response 24: The detention basins have been removed from the plans. Comment 25: Revise the grading on the north end of the southwest basin. Water will pool at the 650 contour in the northwest corner the way it is currently shown. Response 25: The detention basins have been removed from the plans. Comment 26: The rim shown on the Southwest Detention Basin Restrictor Manhole detail conflicts with the callout for Restrictor MH-1. Response 26: The detention basins have been removed from the plans. Comment 27: The maximum allowable spacing between storm sewer manholes is 500 feet. Add additional manholes as needed. Response 27: The detention basins and associated storm sewer pipes have been removed from the plans. Comment 28: Show drainage flow arrows throughout the site. Response 28: Drainage arrows have been added to the grading sheet C-400. Comment 29: Show the emergency overland flow route. Response 29: The detention basins have been removed from the plans. Comment 30: The top of the embankment for the northeast basin should be 647.00 to provide the required 1-foot of freeboard. Response 30: The detention basins have been removed from the plans. Comment 31: The spillways should have a concrete curtain wall for erosion control. See the Unified Development Ordinance – 10-A-7-J.7 for additional details. Response 31: The detention basins and spillways have been removed from the plans. Comment 32: Detention basins will need to be in a Stormwater Management Easement. Response 32: The detention basins have been removed from the plans. C-600 Standard Details Comment 33: Include a typical section for the detention basins. Response 33: The detention basins have been removed from the plans. Page 5 of 7 Engineer’s Opinion of Probable Decommissioning Costs: Comment 34: The items with “TBD” quantities should be estimated with a value to get a more accurate total cost. Response 34: TBD quantities have been filed in. Comment 35: The assumptions listed specify that the estimate would be redone every 5 years. The UDO requires the estimate to be redone every 3 years. Response 35: The estimate assumptions were revised to 3 years. Comment 36: An inflation rate of 3% should be included in the estimate. A note specifying the years used for the lifetime of the project should be added when calculated the inflation costs. Response 36: An inflation rate has been added to the estimate Hey and Associates Inc. Comments Building Foundation Landscape Zone Comment 37: No buildings are proposed, so therefore building foundation landscape zone requirements do not apply. Response 37: Acknowledged. Parking Area Perimeter Landscape Zone Comment 38: No off-street parking areas abut a public or private right-of-way (excluding alleys), so therefore parking area perimeter landscape zone requirements do not apply. Response 38: Acknowledged. Parking Area Interior Landscape Zone Comment 39: No off-street parking areas consisting of 10 or more spaces are proposed, so therefore parking area interior landscape zone requirements do not apply. Response 39: Acknowledged. Transition Landscape Zone Comment 40: Per information and direction provided by the City, the proposed development will be zoned A-1 Agriculture and the adjacent parcels are R-2 residential. The UDO has no specific transition zone landscape requirements for this situation. However, because the proposed development is a Special Use the City has the discretion to stipulate a higher standard. The current plan includes a mix of a few evergreen trees and mostly shrubs along the north and south borders of the area Page 6 of 7 containing the solar panels. This mix of plantings does provide some screening but does not meet the requirements of any transition zone described in the UDO. The City’s 2016 Comprehensive Plan (Comp Plan) was reviewed for potential guidance. In the Route 47 and Eldamain Corridor sections of the Comp Plan, reference was made to establishing a “rural character buffer” within both Corridors. Since a Type D transition zone was recently recommended along Eldamain Road for a large tech development, building upon precedent we would recommend that a Type D transition zone would be appropriate along Route 47. It is also of note that the Comp Plan identified the space between Rob Roy Creek and Route 47 at the NexAmp Nagle site as a natural area. A more natural aesthetic (e.g., restored prairie, woodland, and/or riparian corridor) would also be appropriate at this specific location. Per the UDO, a Type D transition zone includes a minimum of 5 understory trees, 5 evergreen/canopy trees, and 35 shrubs/native grasses per 100 linear feet. We suggest a modified Type D transition zone consisting of 5 native shade trees and 5 native understory trees per 100 linear feet; existing native trees may be included toward this requirement if a tree survey documenting their presence and condition is submitted. We also recommend native prairie grass and wildflower seeding in lieu of the 35 shrubs/native grasses per 100 linear feet. A maintenance plan should be submitted describing how this natural landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. Response 40: The modified transition zone D has been applied along the eastern fence line. Nexamp asks the city to approve the north and south property line landscaping as proposed. A maintenance plan will be provided with final construction drawings/permits. Species Diversity Requirements Comment 41:Two vegetated stormwater management areas were identified on the plans. The hatch legend identifies these areas as “Proposed Basin Seed Mix (To Be Provided with Construction Documents).” Therefore, compliance with species diversity requirements cannot be assessed at this time due to lack of information. Response 41: The detention basins have been removed from the plans. Species/genus diversity mixtures have been added to the plant schedule. Tree Preservation and Removal Comment 42: No live tree with a 4” or greater DBH may be removed without approval. A review of Google Earth imagery reveals trees are present on the site, but that there may not be trees present on the portion of the site proposed for development. A tree survey is required; tree replacement may also be required. Response 42: No trees are being removed as part of the project; no tree survey has been completed. Street Trees Comment 43: Requirements appear to be met. Response 43: Acknowledged Page 7 of 7 General Comment 44: A seed mix has been provided for the previously noted “Native Pollinator Friendly Solar Array Sed Mix”. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. Tree and shrub totals shown in the “Plant Calculations” tables and “Plant Schedule” do not correspond. Petitioner should clarify and revise as necessary. Proposed plant sizes are not specified on the plans. Canopy trees must be at least 2.5” caliper, understory trees not less than 1.5” caliper or 6’ tall, evergreen trees at least 6’ tall, and shrubs at least 2’ tall at the time of planting. Response 44: The plant calculations and plant schedule have been revised to correspond and include the pant sizes. A maintenance plan will be provided with final construction drawings/permits. Wetlands Comment 45: Rob Roy Creek is a Waters of the US regulated by the Army Corps of Engineers and under Yorkville’s Wetland Regulations. Wetland A1 is an isolated wetland and therefore not regulated by the Army Corps of Engineers but is regulated under Yorkville’s Wetland Regulations. Wetland A1 is shown to be completely filled but does not require mitigation because the total impact is less than 0.25 acres. A minimum 30’ wetland buffer, consisting of primarily native vegetation, is required for Rob Roy Creek under Yorkville’s Wetland Regulations. A Category VI Wetland Permit Application is required under Yorkville’s Wetland Regulations for impacts to Wetland A1. We are not aware of such an application being submitted. Response 45: A 30’ buffer along Rob Roy creek has been shown on the revised plans. A wetland permit will be provided with final construction drawings/permits. We trust that these responses will satisfy the concerns outlined in your review letter. Should there be any additional questions or concerns, please contact us at (630) 577-0800. Sincerely, ATWELL Lauren Hillis Engineer © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T:(630) 553-8555 E:JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T:(630) 466-6720 E:BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T:(630) 553-8549 E:PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI TH DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS EX-01TRUCK TURN ANALYSISDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comCONSTRUCTION/DELIVERYTRAFFIC EX-01 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comTRUCK TURN ANALYSISEMERGENCY/MAINTENANCETRAFFIC Yorkville Renewables – Stormwater/Drainage Memo August 16, 2024 T ABLE OF C ONTENTS 1 PROJECT NARRATIVE ...................................................................................................... 2 2 EXISTING CONDITIONS ................................................................................................... 2 3 PROPOSED CONDITIONS ................................................................................................ 3 4 CONCLUSION ................................................................................................................. 4 A PPENDICES A USDA NRCS Soil Resource Report B Drainage Area Maps C ISWS Bulletin 75 Precipitation Data D HydroCAD Report 2 1 PROJECT NARRATIVE Nexamp, Inc. is proposing a 4.95 MW (AC) ground-mounted solar generating facility to be constructed at Galena Road & State Route 47 located in Yorkville, Kendall County, Illinois. The solar development proposes approximately 1.6 acres of impervious area and converts the existing row crop to a native pollinator friendly prairie seed mix. The existing topography and flow patterns will remain the same throughout the project area. Per United City of Yorkville Stormwater Ordinance Section 203.2, the allowable release rate for proposed impervious area is 0.04 cfs/acre for a 24-hr 2-year storm and 0.15 cfs/acre for a 24-hr 100-year storm. A discussion with Pamea Whitefield at EEI dated August 1st, 2024 indicated that the hydrologic disturbed area is considered to be the proposed access road and equipment pad. The site runoff reduction was analyzed to demonstrate that the total projected post-development peak flow rate is below the allowable release rate and is expected to provide a net positive impact on the existing watershed. 2 EXISTING CONDITIONS The existing 73.5 +/- acre property consists of mostly straight row crops with no existing structure or impervious area. Rob Roy Creek cuts through the property in the southeast corner. The site has a high point in the western “flag” of the property, with drainage to the north, south, and east directions. A USDA NRCS Web Soil Survey was completed and is included in Appendix A. The average existing hydrologic soil group rating for the project area is D. The site topography was analyzed as one drainage area that flows towards the north property line. A pre-development drainage area map is included in Appendix B. Table 2.1 details the undisturbed pre-development drainage area characteristics and Table 2.2 details the undisturbed pre- development curve number. The proposed disturbed area was excluded from the existing drainage areas and curve number calculation. Table 2.1 – Pre-Development Drainage Area Characteristics (undisturbed) Drainage Area Impervious (ac) Pervious (ac) Total (ac) Existing Drainage Area 0.0 28.2 28.2 Total 0.0 28.2 28.2 Table 2.2 – Pre-Development Curve Number (undisturbed) Soil Rating Cover Description CN Total (ac) C Row Crops; Straight Row (SR) Good 85 10.9 D Row Crops; Straight Row (SR) Good 89 17.3 Combined CN 87 3 3 PROPOSED CONDITIONS The proposed development will consist of a solar generating facility enclosed within a 8-ft high perimeter fence, as well as a gravel access road connecting Galena Road to the project site. Appendix B includes the Post-Development Drainage Area Map and Table 3.1 details the post- development drainage area characteristics. The post-development drainage area includes both the undisturbed area and the proposed disturbed area (equipment pads and access road). The total proposed project area is 29.8 acres, with 1.6 acres being hydrologically disturbed. Table 3.1 – Post-Development Drainage Area Characteristics (disturbed and undisturbed) Drainage Area Impervious - Disturbed (ac) Pervious - Undisturbed (ac) Total (ac) Proposed Drainage Area #1 1.6 28.2 29.8 Total 1.6 28.2 29.8 Runoff from the proposed drainage area will flow undetained offsite to its drainage area low point. The existing and proposed drainage areas and flow patterns remain unchanged. The entire area within the project area is being converted from straight row crops to brush by planting native pollinator friendly prairie seed. This is expected to result in a reduction in the total peak flow rate. Table 3.2 - Post-Development Curve Number (disturbed and undisturbed) Soil Rating Cover Description CN Total (ac) B Brush – Brush Weed Grass Mixture; Good 58 17.1 C Brush – Brush Weed Grass Mixture; Good 98 11.1 - Access Road & Equipment Pad 98 1.6 Combined CN 57 For this report the total runoff reduction was analyzed to demonstrate that the change in cover type decreases the total peak flow rate and is below the allowable release rate for the project (per City of Yorkville requirements). By decreasing the total runoff there will be a net positive impact to the existing watershed. Rainfall depth frequency from the Illinois State Water Survey Bulletin 75 is provided in Appendix C. For the design of this report, the Huff Distribution Method in HydroCAD was used. Design was completed using the 2-year 24-hour and 100-year 24-hour storm events. Pre- and post-development stormwater calculations, as well as a graphical depiction of the model, are included with the HydroCAD reports in Appendix D. 4 4 CONCLUSION A comparison of the total allowable peak flow rate and post-development peak flow rate for the 2- year and 100-year 24 hour storm events are summarized in Table 4.1. The disturbed area flow rate was found by taking the disturbed area allowable release rate for each storm event and multiplying it by the total proposed impervious/disturbed area on site. This was then added to the undisturbed pre-development flow rate to find the total allowable flow rate for the project. This was compared to the total post-development flow rate to confirm that the proposed project decreases the total peak flow rate on site. Table 4.1 – Storm Frequency Flows (Total Allowable vs. Total Post-Development) Area (Acres) 2 – Year Storm Event (cfs) 100 - Year Storm Event (cfs) Undisturbed area pre-development peak flow rate 28.2 8.13 24.91 Disturbed area allowable peak flow rate (per City of Yorkville requirements – 2 year: 0.04 cfs/acre disturbed area 100 year: 0.15 cfs/acre disturbed area) 1.6 0.06 0.24 Total allowable peak flow rate (Undisturbed area pre-development area/flow + Disturbed area/flow) 29.8 8.19 25.15 Total post-development peak flow rate (Undisturbed area + Disturbed area) 29.8 1.74 15.42 As shown in Table 4.1, the total post-development peak flow rate for the project area has been reduced for the storm events due to an increase in infiltration from the proposed native pollinator friendly prairie seed mix which results in the use of a lower curve number. The proposed project will not change the existing drainage patterns and proposes a low impact design by stabilizing the undisturbed areas with a native pollinator friendly prairie seed mix. Therefore, the project will have a net positive impact on the watershed. The total post-development peak flow rates for both the 2- year and 100-year 24-hour storm events are below the total allowable peak flow rate, thus detention is not required. 5 APPENDIX A USDA NRCS SOILS REPORT Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 1 of 44617100461730046175004617700461790046181004618300461850046171004617300461750046177004617900461810046183004618500378000378200378400378600378800379000379200379400379600379800380000380200 377800 378000 378200 378400 378600 378800 379000 379200 379400 379600 379800 380000 380200 41° 42' 35'' N 88° 28' 7'' W41° 42' 35'' N88° 26' 19'' W41° 41' 42'' N 88° 28' 7'' W41° 41' 42'' N 88° 26' 19'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 500 1000 2000 3000 Feet 0 150 300 600 900 Meters Map Scale: 1:11,400 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Kendall County, Illinois Survey Area Data: Version 20, Aug 28, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 3, 2019—Aug 24, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 2 of 4 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 59A Lisbon silt loam, 0 to 2 percent slopes C/D 17.3 3.3% 60C2 La Rose silt loam, 5 to 10 percent slopes, eroded C 21.2 4.1% 60C3 La Rose clay loam, 5 to 10 percent slopes, severely eroded C 9.3 1.8% 67A Harpster silty clay loam, 0 to 2 percent slopes B/D 49.0 9.5% 149A Brenton silt loam, 0 to 2 percent slopes B/D 49.2 9.5% 152A Drummer silty clay loam, 0 to 2 percent slopes B/D 136.9 26.4% 206A Thorp silt loam, 0 to 2 percent slopes C/D 18.4 3.6% 219A Millbrook silt loam, 0 to 2 percent slopes C/D 40.1 7.7% 330A Peotone silty clay loam, 0 to 2 percent slopes C/D 40.9 7.9% 356A Elpaso silty clay loam, 0 to 2 percent slopes B/D 1.2 0.2% 512A Danabrook silt loam, 0 to 2 percent slopes C 7.5 1.4% 512B Danabrook silt loam, 2 to 5 percent slopes C 55.4 10.7% 541B Graymont silt loam, 2 to 5 percent slopes C 1.2 0.2% 663A Clare silt loam, 0 to 2 percent slopes C 6.9 1.3% 663B Clare silt loam, 2 to 5 percent slopes C 46.8 9.1% 791A Rush silt loam, 0 to 2 percent slopes B 9.4 1.8% 791B Rush silt loam, 2 to 4 percent slopes B 4.9 0.9% 865 Pits, gravel 1.9 0.4% Totals for Area of Interest 517.6 100.0% Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 3 of 4 Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 4 of 4 6 APPENDIX B PRE- AND POST-DEVELOPMENT DRAINAGE AREA MAPS DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-DAEXISTING DRAINAGEAREA MAP DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comPR-DAPROPOSED DRAINAGEAREA MAP 7 APPENDIX C ISWS BULLETIN 75 PRECIPITATION DATA 24 Table 7. Rainfall (inches) for Given Recurrence Interval for Section 2 (Northeast) Storm Duration 2- month 3- month 4- month 6- month 9- month 1- year 2- year 5- year 10- year 25- year 50- year 100- year 500- year 5 minutes 0.19 0.22 0.24 0.27 0.31 0.33 0.40 0.52 0.62 0.77 0.90 1.03 1.35 10 minutes 0.33 0.38 0.41 0.47 0.53 0.58 0.70 0.90 1.08 1.35 1.58 1.80 2.36 15 minutes 0.42 0.49 0.53 0.61 0.69 0.75 0.90 1.16 1.39 1.74 2.03 2.32 3.04 30 minutes 0.58 0.66 0.73 0.83 0.94 1.03 1.24 1.59 1.91 2.39 2.78 3.17 4.16 1 hour 0.74 0.84 0.93 1.05 1.20 1.30 1.57 2.02 2.42 3.03 3.53 4.03 5.28 2 hours 0.91 1.04 1.14 1.30 1.48 1.61 1.94 2.49 2.99 3.74 4.35 4.97 6.52 3 hours 1.00 1.15 1.26 1.44 1.63 1.77 2.14 2.75 3.30 4.13 4.80 5.49 7.20 6 hours 1.18 1.35 1.48 1.68 1.91 2.08 2.51 3.23 3.86 4.84 5.63 6.43 8.43 12 hours 1.37 1.56 1.71 1.95 2.21 2.41 2.91 3.74 4.48 5.61 6.53 7.46 9.78 18 hours 1.48 1.69 1.85 2.11 2.39 2.61 3.14 4.04 4.84 6.06 7.05 8.06 10.57 24 hours 1.57 1.80 1.97 2.24 2.55 2.77 3.34 4.30 5.15 6.45 7.50 8.57 11.24 48 hours 1.72 1.97 2.16 2.46 2.79 3.04 3.66 4.71 5.62 6.99 8.13 9.28 12.10 72 hours 1.87 2.14 2.34 2.67 3.03 3.30 3.97 5.08 6.05 7.49 8.64 9.85 12.81 120 hours 2.08 2.38 2.61 2.97 3.37 3.67 4.42 5.63 6.68 8.16 9.39 10.66 13.81 240 hours 2.63 3.01 3.30 3.76 4.27 4.65 5.60 7.09 8.25 9.90 11.26 12.65 16.00 8 APPENDIX D HYDROCAD REPORT FOR 2-YEAR & 100-YEARSTORM EVENT 1Drainage Area 1 OF OUTFALL Routing Diagram for 22001787-Yorkville Solar-Existing Prepared by Atwell, LLC, Printed 8/16/2024 HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcat Reach Pond Link 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 2HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Rainfall Events Listing Event# Event Name Storm Type Curve Mode Duration (hours) B/B Depth (inches) AMC 1 2-Year Huff 0-10sm 3Q Scale 24.00 1 3.34 2 2 100-Year Huff 0-10sm 3Q Scale 24.00 1 8.57 2 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 3HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcatchment-numbers) 10.910 85 Row crops, straight row, Good, HSG C (1) 17.240 89 Row crops, straight row, Good, HSG D (1) 28.150 87 TOTAL AREA 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 4HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Soil Listing (all nodes) Area (acres) Soil Group Subcatchment Numbers 0.000 HSG A 0.000 HSG B 10.910 HSG C 1 17.240 HSG D 1 0.000 Other 28.150 TOTAL AREA 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 5HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Ground Covers (all nodes) HSG-A (acres) HSG-B (acres) HSG-C (acres) HSG-D (acres) Other (acres) Total (acres) Ground Cover Subcatchment Numbers 0.000 0.000 10.910 17.240 0.000 28.150 Row crops, straight row, Good 1 0.000 0.000 10.910 17.240 0.000 28.150 TOTAL AREA Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 6HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=28.150 ac 0.00% Impervious Runoff Depth=2.04"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=34.3 min CN=87 Runoff=8.13 cfs 4.784 af Inflow=8.13 cfs 4.784 afReach OF: OUTFALL Outflow=8.13 cfs 4.784 af Total Runoff Area = 28.150 ac Runoff Volume = 4.784 af Average Runoff Depth = 2.04" 100.00% Pervious = 28.150 ac 0.00% Impervious = 0.000 ac Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 7HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Runoff = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af, Depth= 2.04" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Area (ac) CN Description 10.910 85 Row crops, straight row, Good, HSG C 17.240 89 Row crops, straight row, Good, HSG D 28.150 87 Weighted Average 28.150 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.7 100 0.0340 0.45 Sheet Flow, Sheet Flow (Row Crop) Cultivated: Residue<=20% n= 0.060 P2= 3.34" 8.1 500 0.0130 1.03 Shallow Concentrated Flow, Shallow Conc. (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 22.5 543 0.0020 0.40 Shallow Concentrated Flow, Shallow Conc (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 34.3 1,143 Total Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)9876543210Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Runoff Area=28.150 ac Runoff Volume=4.784 af Runoff Depth=2.04" Flow Length=1,143' Tc=34.3 min CN=87 8.13 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 8HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 28.150 ac, 0.00% Impervious, Inflow Depth = 2.04" for 2-Year event Inflow = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af Outflow = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)9876543210Inflow Area=28.150 ac 8.13 cfs 8.13 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 9HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=28.150 ac 0.00% Impervious Runoff Depth=7.01"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=34.3 min CN=87 Runoff=24.91 cfs 16.434 af Inflow=24.91 cfs 16.434 afReach OF: OUTFALL Outflow=24.91 cfs 16.434 af Total Runoff Area = 28.150 ac Runoff Volume = 16.434 af Average Runoff Depth = 7.01" 100.00% Pervious = 28.150 ac 0.00% Impervious = 0.000 ac Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 10HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Runoff = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af, Depth= 7.01" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Area (ac) CN Description 10.910 85 Row crops, straight row, Good, HSG C 17.240 89 Row crops, straight row, Good, HSG D 28.150 87 Weighted Average 28.150 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.7 100 0.0340 0.45 Sheet Flow, Sheet Flow (Row Crop) Cultivated: Residue<=20% n= 0.060 P2= 3.34" 8.1 500 0.0130 1.03 Shallow Concentrated Flow, Shallow Conc. (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 22.5 543 0.0020 0.40 Shallow Concentrated Flow, Shallow Conc (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 34.3 1,143 Total Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)26 24 22 20 18 16 14 12 1086420 Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Runoff Area=28.150 ac Runoff Volume=16.434 af Runoff Depth=7.01" Flow Length=1,143' Tc=34.3 min CN=87 24.91 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 11HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 28.150 ac, 0.00% Impervious, Inflow Depth = 7.01" for 100-Year event Inflow = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af Outflow = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)26 24 22 20 18 16 14 12 1086420 Inflow Area=28.150 ac 24.91 cfs 24.91 cfs 1Drainage Area 1 OF OUTFALL Routing Diagram for 22001787-Yorkville Solar-Proposed Prepared by Atwell, LLC, Printed 8/16/2024 HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcat Reach Pond Link 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 2HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Rainfall Events Listing Event# Event Name Storm Type Curve Mode Duration (hours) B/B Depth (inches) AMC 1 2-Year Huff 0-10sm 3Q Scale 24.00 1 3.34 2 2 100-Year Huff 0-10sm 3Q Scale 24.00 1 8.57 2 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 3HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcatchment-numbers) 1.640 98 Access Road + Equipment Pad (1) 17.060 48 Brush, Good, HSG B (1) 11.090 65 Brush, Good, HSG C (1) 29.790 57 TOTAL AREA 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 4HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Soil Listing (all nodes) Area (acres) Soil Group Subcatchment Numbers 0.000 HSG A 17.060 HSG B 1 11.090 HSG C 1 0.000 HSG D 1.640 Other 1 29.790 TOTAL AREA 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 5HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Ground Covers (all nodes) HSG-A (acres) HSG-B (acres) HSG-C (acres) HSG-D (acres) Other (acres) Total (acres) Ground Cover Subcatchment Numbers 0.000 0.000 0.000 0.000 1.640 1.640 Access Road + Equipment Pad 1 0.000 17.060 11.090 0.000 0.000 28.150 Brush, Good 1 0.000 17.060 11.090 0.000 1.640 29.790 TOTAL AREA Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 6HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=29.790 ac 5.51% Impervious Runoff Depth=0.36"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=53.7 min CN=57 Runoff=1.74 cfs 0.888 af Inflow=1.74 cfs 0.888 afReach OF: OUTFALL Outflow=1.74 cfs 0.888 af Total Runoff Area = 29.790 ac Runoff Volume = 0.888 af Average Runoff Depth = 0.36" 94.49% Pervious = 28.150 ac 5.51% Impervious = 1.640 ac Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 7HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Assume drained condtion of B/D and C/D soils Runoff = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af, Depth= 0.36" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Area (ac) CN Description 11.090 65 Brush, Good, HSG C 17.060 48 Brush, Good, HSG B * 1.640 98 Access Road + Equipment Pad 29.790 57 Weighted Average 28.150 94.49% Pervious Area 1.640 5.51% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 11.3 100 0.0340 0.15 Sheet Flow, Sheet Flow (Row Crop) Grass: Dense n= 0.240 P2= 3.34" 10.4 500 0.0130 0.80 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 24.1 320 0.0010 0.22 Shallow Concentrated Flow, Shallow Conc (Brush) Short Grass Pasture Kv= 7.0 fps 0.2 20 0.0100 2.03 Shallow Concentrated Flow, Shallow Conc. (Gravel) Paved Kv= 20.3 fps 7.7 203 0.0039 0.44 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 53.7 1,143 Total Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 8HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)10Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Runoff Area=29.790 ac Runoff Volume=0.888 af Runoff Depth=0.36" Flow Length=1,143' Tc=53.7 min CN=57 1.74 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 9HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 29.790 ac, 5.51% Impervious, Inflow Depth = 0.36" for 2-Year event Inflow = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af Outflow = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)10Inflow Area=29.790 ac 1.74 cfs 1.74 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 10HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=29.790 ac 5.51% Impervious Runoff Depth=3.41"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=53.7 min CN=57 Runoff=15.42 cfs 8.475 af Inflow=15.42 cfs 8.475 afReach OF: OUTFALL Outflow=15.42 cfs 8.475 af Total Runoff Area = 29.790 ac Runoff Volume = 8.475 af Average Runoff Depth = 3.41" 94.49% Pervious = 28.150 ac 5.51% Impervious = 1.640 ac Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 11HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Assume drained condtion of B/D and C/D soils Runoff = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af, Depth= 3.41" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Area (ac) CN Description 11.090 65 Brush, Good, HSG C 17.060 48 Brush, Good, HSG B * 1.640 98 Access Road + Equipment Pad 29.790 57 Weighted Average 28.150 94.49% Pervious Area 1.640 5.51% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 11.3 100 0.0340 0.15 Sheet Flow, Sheet Flow (Row Crop) Grass: Dense n= 0.240 P2= 3.34" 10.4 500 0.0130 0.80 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 24.1 320 0.0010 0.22 Shallow Concentrated Flow, Shallow Conc (Brush) Short Grass Pasture Kv= 7.0 fps 0.2 20 0.0100 2.03 Shallow Concentrated Flow, Shallow Conc. (Gravel) Paved Kv= 20.3 fps 7.7 203 0.0039 0.44 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 53.7 1,143 Total Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 12HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)17 16 15 14 13 12 11 109876543210 Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Runoff Area=29.790 ac Runoff Volume=8.475 af Runoff Depth=3.41" Flow Length=1,143' Tc=53.7 min CN=57 15.42 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 13HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 29.790 ac, 5.51% Impervious, Inflow Depth = 3.41" for 100-Year event Inflow = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af Outflow = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)17 16 15 14 13 12 11 109876543210 Inflow Area=29.790 ac 15.42 cfs 15.42 cfs YORKVILLE RENEWABLES Culvert Computations North Culvert: Drainage Area: 12.3± acres Composite C: 0.44 Impervious Area: 2.1± acres (assume C=0.85) Pervious Area: 10.2± acres (assume C=0.35) Time of concentration: 27.6 min (see attached pdf) Rainfall intensity: 6.5 in/hr (100-year) Q=CIA Q=(0.44)x(6.5)x(12.3)=35.18 cfs Proposed 18” CMP culvert – Not sized adequately. However, an 18”X40’ CMP culvert was specifically requested by the Kendall County HWY department as it is greatly improving the existing condition of an 8” PVC pipe (see attached email) East Culvert: Drainage Area: 1.2± acres Composite C: 0.44 Impervious Area: 0.2± acres (assume C=0.90) Pervious Area: 1.0± acres (assume C=0.35) Time of concentration: 9.0 min (see attached pdf) Rainfall intensity: 10.5 in/hr (100-year) Q=CIA Q=(0.44)x(10.5)x(1.2)= 5.5 cfs Proposed 18” RCP culvert – Sized adequately. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-01CULVERT DRAINAGE AREAS Project By LEH Location Checked Check one: Check one: Notes: Space for as many as two segments per flow type can be used for each worksheet. Include a map, schematic, or description of flow segments. Segment ID A 1 Surface description (table 3-1)Cultivated soils: Residue cover ≤20% 2 Manning’s roughness coefficient, n (table 3-1)0.06 3 Flow length, L (total L † 300 ft) (ft)100 4 Two-year 24-hour rainfall, P2 (in)3.34 5 Land slope, s (ft/ft)0.01 6 Tt = 0.007 (nL)0.8 /(P2 0.5s0.4) Compute Tt (hr)0.10 +0.00 =0.10 Shallow concentrated flow Segment ID B 7 Surface description (paved or unpaved) Unpaved 8 Flow length, L (ft)489 9 Watercourse slope, s (ft/ft)0.012 10 Average velocity, V (figure 3-1) (ft/s)1.77 11 Tt = L/(3600 V) Computer Tt (hr)0.08 +0.00 =0.08 Channel flow Segment ID 12 Cross sectional flow area, a (ft2)0.9 13 Wetted perimeter, pwa (ft)6 14 Hydraulic radius, r = a/pw Compute r (ft)0.150 15 Channel slope, s (ft/ft)0.0085 16 Manning’s roughness coefficient, n 0.03 17 V = (1.49/n) r2/3 s1/2 (ft/s)1.29 18 Flow length, L (ft)1303 19 Tt = L/(3600 V) Compute Tt (hr)0.28 0.00 =0.28 20 Watershed or subarea Tc or Tt (add Tt in steps 6, 11, and 19)Hr 0.46 Worksheet 3: Time of Concentration (Tc) or travel time (Tt) for North Culvert Date Yorkville Renewables, LLC 8/16/2024 Date Galena Road, Yorkville, Kendall County, Illinois Present Tc Developed Tt through subarea Project By LEH Location Checked Check one: Check one: Notes: Space for as many as two segments per flow type can be used for each worksheet. Include a map, schematic, or description of flow segments. Segment IDA 1 Surface description (table 3-1) Smooth surfaces (concrete, asphalt, gravel, or bare soil) 2 Manning’s roughness coefficient, n (table 3-1)0.0113 Flow length, L (total L † 300 ft) (ft)17 4 Two-year 24-hour rainfall, P2 (in)3.34 5 Land slope, s (ft/ft)0.016Tt = 0.007 (nL)0.8 /(P2 0.5s 0.4 ) Compute T t (hr)0.01 + 0.00=0.01 Shallow concentrated flow Segment IDB 7 Surface description (paved or unpaved) Unpaved 8 Flow length, L (ft)83 9 Watercourse slope, s (ft/ft)0.01 10 Average velocity, V (figure 3-1) (ft/s)1.61 11Tt = L/(3600 V) Computer T t (hr)0.01 + 0.00=0.01 Channel flow Segment ID 12 Cross sectional flow area, a (ft2)2.25 13 Wetted perimeter, pw a (ft)10 14 Hydraulic radius, r = a/p w Compute r (ft)0.225 15 Channel slope, s (ft/ft)0.0055 16 Manning’s roughness coefficient, n 0.03 17 V = (1.49/n) r 2/3 s1/2 (ft/s)1.36 18 Flow length, L (ft)658 19Tt = L/(3600 V) Compute T t (hr)0.13 0.00=0.13 20 Watershed or subarea Tc or Tt (add Tt in steps 6, 11, and 19)Hr 0.15 Worksheet 3: Time of Concentration (Tc) or travel time (Tt) for East Culvert Date Yorkville Renewables, LLC 8/16/2024 Date Galena Road, Yorkville, Kendall County, IllinoisPresentTcDevelopedTt through subarea Culvert ReportHydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc. Friday, Aug 16 2024Yorkville Renewables - North CulvertInvert Elev Dn (ft) = 651.67Pipe Length (ft) = 40.00Slope (%) = 0.60Invert Elev Up (ft) = 651.91Rise (in) = 18.0 Shape = CircularSpan (in) = 18.0No. Barrels = 1n-Value = 0.023Culvert Type = Circular Corrugate Metal Pipe Culvert Entrance = Headwall Coeff. K,M,c,Y,k = 0.0078, 2, 0.0379, 0.69, 0.5EmbankmentTop Elevation (ft) = 655.50Top Width (ft) = 23.50Crest Width (ft) = 10.00Calculations Qmin (cfs) = 35.18 Qmax (cfs) = 35.18 Tailwater Elev (ft) = CriticalHighlighted Qtotal (cfs) = 35.18 Qpipe (cfs) = 13.26 Qovertop (cfs) = 21.92 Veloc Dn (ft/s) = 7.88 Veloc Up (ft/s) = 7.50HGL Dn (ft) = 653.03HGL Up (ft) = 654.99Hw Elev (ft) = 656.30Hw/D (ft) = 2.93Flow Regime = Outlet Control Culvert ReportHydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc. Friday, Aug 16 2024Yorkville Renewables - East CulvertInvert Elev Dn (ft) = 646.49Pipe Length (ft) = 40.00Slope (%) = 0.38Invert Elev Up (ft) = 646.64Rise (in) = 18.0 Shape = CircularSpan (in) = 18.0No. Barrels = 1n-Value = 0.012Culvert Type = Circular Concrete Culvert Entrance = Square edge w/headwall (C) Coeff. K,M,c,Y,k = 0.0098, 2, 0.0398, 0.67, 0.5EmbankmentTop Elevation (ft) = 650.25Top Width (ft) = 23.00Crest Width (ft) = 10.00Calculations Qmin (cfs) = 5.50 Qmax (cfs) = 5.50 Tailwater Elev (ft) = CriticalHighlighted Qtotal (cfs) = 5.50 Qpipe (cfs) = 5.50 Qovertop (cfs) = 0.00 Veloc Dn (ft/s) = 4.95 Veloc Up (ft/s) = 4.94HGL Dn (ft) = 647.39HGL Up (ft) = 647.54Hw Elev (ft) = 648.02Hw/D (ft) = 0.92Flow Regime = Inlet Control 4 From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Friday, October 21, 2022 3:34 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Matthew, I visited the site today to confirm a couple things. As shown in your plans, there is currently an 8” PVC culvert located at the existing entrance. I’m not exactly sure how long this has been there; but it does not, in any way, meet County specifications. However, since there is this existing access to Galena Road for the proposed solar field, I am of the opinion that we could likely consider this a “grandfathered” entrance. This would not work if there was a “significant change in trip generation”, as defined by the Kendall County Highway Access Regulation Ordinance. But since the number of vehicles going to and from the solar field, once constructed, should be extremely small, I believe it would not trigger the significant change in trip generation clause, and subsequent additional requirements found in the KCHARO. Bottom line is that the existing 8” PVC culvert must be removed in its entirety. It must be replaced with 18” dia. x 40’ long CMP or RCP. We recommend using upstream and downstream elevations of the Galena Road ditch at least 100’ away from the proposed culvert so that the new culvert and ditch grades will mesh with the existing Galena Road ditch. Because this is simply a removal and replacement of an existing entrance, I really don’t need a new Application for Access Permit. This work will simply need to be done as part of NexAmp’s site work. An aggregate construction entrance or all weather surface (HMA) should be placed within the entire Galena Road right-of- way to help keep dirt/debris off Galena Road. If there are any other projects besides the solar field that will use this entrance, and those uses constitute a significant change in trip generation, as defined by the KCHARO, then everything discussed above is moot, and compliance with the access ordinance will be required. Specifically, it would then limit the access to right in / right out, and additional turn lanes could be required. But as I see it right now, reconstruction of the existing entrance will likely be all that is required at this point. Please let me know if you have any additional questions. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, October 21, 2022 8:12 AM To: Fran Klaas <FKlaas@kendallcountyil.gov>; Web_Email_Highway <Web_Email_Highway@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: [External]RE: Yorkville Solar Access Permit Application 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, Atwell, L.L.C. Project Yorkville Renewables, LLC 1250 East Diehl Road, Suite 300 Location (630) 577-0800 Site:4.95 MWAC Parcel ID:02-08-200-030 & 02-05-400-005 Date 8/15/2024 Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar Estimated Quantity Unit Unit Cost Removal Cost Notes Erosion Control/Contractor Fees Mobilization 1 LUMP SUM $10,000.00 $10,000.00 Electrical Disconnect 1 EACH $500.00 $500.00 Permitting (NPDES)1 LUMP SUM $750.00 $750.00 SWPPP - LUMP SUM $0.00 $0.00 Silt Fence 5,950 LF $2.50 $14,875.00 Silt fence for access road removal Seeding 3.5 ACRES $1,000.00 $3,500.00 Seeding access road removal only. Pollinator grass to remain. Sub-Total $29,625.00 Site Demolition Remove Existing 18" CMP Culvert 40 LF $15.00 $600.00 Remove Existing 18" RCP Culvert 40 LF $18.00 $720.00 Remove Existing Fence (8' Chainlink Fence)4,587 LF $3.85 $17,659.95 Assuming 5.6 lb per LF Remove Existing Gravel Road (18" depth)3,913 CY $5.00 $19,563.76 Haul off for Existing Gravel Road (18" depth)3,913 CY $10.00 $39,127.52 Sub-Total $77,671.23 Racking and Module Removal Pile Removal 1,939 EACH $6.00 $11,634.00 Assembly Removal 1,939 EACH $1.25 $2,423.75 PV Module Removal 11,712 EACH $1.00 $11,712.00 PV Module Haul Off 375 TON $45.00 $16,865.28 Assume 0.032 tons per module for the removal weight Sub-Total $42,635.03 Wiring Removal Underground MV Wire (AL)7,072 LF $2.00 $14,144.00 Utility Pole Removal 7 EACH $750.00 $5,250.00 Underground PV Wire (~400kcmil)13,145 LF $2.00 $26,290.00 Underground GND Wire (DC side, ~2 AWG)13,045 LF $2.00 $26,090.00 Underground LV Wire 71,425 LF $2.00 $142,850.00 Above Ground MV Wire 245 LF $0.10 $24.50 Combiner Box Removal 36 EACH $80.00 $2,880.00 Sub-Total $217,528.50 Power Conditioning Equipment Removal PCU Station (inverters, etc.)1 EACH $400.00 $400.00 Scada Equipment 1 EACH $280.00 $280.00 Transformer 1 EACH $1,800.00 $1,800.00 Sub-Total $2,480.00 Equipment Pad Removal Remove Pad 1 EACH $750.00 $750.00 Sub-Total $750.00 DECOMMISSIONING PRESENT VALUE $370,689.76 DECOMMISSIONING TOTAL (@3% inflation over 40 years)$1,209,203.99 DECOMMISSIONING SURETY (TOTAL X 120%)$1,451,045.00 Assumptions: 1. 2. 3. Galena Road, City of Yorkville, Kendall County, Bristol Township, Illinois Cost Estimate based on 3-year projections. Estimate to be redone in 3-years based on new fees at that time. Note: This Engineer's Opinion of Probable Cost is made on the basis of Engineer's experience and qualifications using estimated quantities and represents Engineer's best judgment as an experienced and qualified professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Engineer. This Opinion of Probable Construction Cost is limited to those items stated herein. Refer to Decommissioning Plan for further information. Cost Estimate is based on the Fina Site Plans prepared by Atwell, LLC dated 8/15/2024. 101 N Wacker Drive, Suite 200 March 9, 2022 -REVISED JUNE 14, 2024 Krysti Barksdale-Noble, Community Development Director Village of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re:Planned Development Amendment –Project Narrative Proposed 5MW Ground-Mounted Solar Garden Applicant:Yorkville Renewables, LLC Location:10292 Galena Road, Yorkville, IL Dear Ms.Barksdale-Noble, Members of the Community Development Committee,Planning Commission & City Council: On behalf of Yorkville Renewables, LLC, please find enclosed and below is our: Project narrative and with project details Special Use Permit Application Packet: o Special Use Permit Application o Special Use Permit Plan Set o Electrical Diagram o Manufacturer’s Specifications o Glare Analysis o Interconnection Agreement o Decommissioning Plan o Plat of Survey o Legal Description o Areal Map Application fee Project Narrative: Yorkville Renewables, LLC is requesting an approval for a Planned Development Amendment to allow for development of a 5MW (AC) ground-mounted distributed generation solar garden facility on an existing farmland parcel of approximately 73.5-acres near the SWC of Galena Road and IL Route 47.The project intends develop approximately 23 acres of the overall parcel. Nexamp Background: In 2007, U.S. Army veterans Will Thompson and Dan Leary realized a vision for making a range of renewable energy options more affordable and accessible to homeowners and businesses throughout the Commonwealth of Massachusetts. The pair launched NexGen Energy Solutions, a turnkey provider of renewable energy and carbon solutions, in their hometown of North Andover, Massachusetts. NexGen became Nexamp later in 2007. 101 N Wacker Drive, Suite 200 During the early years, Nexamp delivered a variety of energy systems for residential, commercial, municipal and agricultural customers. Energy solutions offered included solar PV, solar thermal, micro- wind, geothermal heating and cooling, and a wide array of energy efficiency services. In 2011, the company began shifting its focus fully toward commercial and industrial solar facilities, working with businesses and municipalities that wanted to offset their traditional utility energy power using on-site renewable solar generation. 2015 marked Nexamp’s first Community Solar project and the beginning of a new chapter for the company. Leveraging its integrated approach of developing, building, owning and operating solar plants, Nexamp turned its focus to community solar, and alongside that the mission of making the benefits of solar power available to everyone—homeowners, renters, non-profits, small businesses, farms and more. Nexamp was named NECEC Clean Energy Company of the Year in 2015 and a Solar Power World Top 3 Commercial Solar Developer in 2017. In 2016, Mitsubishi’s Diamond Generating Corporation made a significant investment in Nexamp, and in 2018 the group made an additional investment that gave it a controlling interest. Serving a rapidly expanding network of individuals, property owners, businesses and communities that benefit from its nationally distributed portfolio of solar assets, Nexamp is a Massachusetts-based, nationally headquartered solar company that is laying the groundwork for a cleaner, more secure and resilient energy future. Project Details: In your review of this Planned Development Amendment request, we ask that staff, the Community Development Committee,Planning Commission and the City Council consider the following: I. Project components: Solar modules (i.e. panels) are mounted on racking that slowly rotate and track the sun; there are approximately 11,712 modules proposed to be installed; At full tilt, the height of the solar array will be up to 20 feet in height; The solar modules are treated with anti-reflective coating to minimize glare; The racking is mounted to metal piles. Concrete foundations are not anticipated; The system will be remotely monitored, meaning there will be little traffic generated; Electrical cables will be installed underground for the entire project with exception of a series of poles necessary to interconnect with the ComEd grid along IL Route 47; Perimeter security fencing at 8 ft. height; Location of proposed structures is in compliance with City setback requirements; Existing drainage patterns will be maintained throughout the site to the maximum extent possible; Limited area of gravel driveway for site access and maintenance; The inverter and transformer with be located on a concrete equipment pad; Disturbed areas will be re-vegetated with a low-mow native seed mix; We have included with our submission a decommissioning plan; 101 N Wacker Drive, Suite 200 II. Construction: Estimated approximately 30 to 40 jobs will be created during construction; Most jobs will be local but some may be brought in if the skill set required is not available; Typical jobs created include construction jobs -i.e. equipment operators, electricians, fence installers, laborers and construction managers; III. Development Schedule: Anticipated construction start is Fall 2023, depending on a number of factors; Duration of construction is typically +/-5 months; IV. Traffic: Construction traffic will typically be standard semi-tractor trailers –oversized loads are not anticipated. At the start of construction there may be a half dozen deliveries a day and will then taper off to 1 to 2 delivery trucks per day; There will be proximately 30 –40 employees at a time during construction; Maintenance: There are typically several site visits per year to maintain the system; No employees will be permanently located on-site; The site will be remotely monitored via a data. Typically,Nexamp relies on rainfall to clean the panel surfaces. As such, it is not anticipated chemicals for cleaning the solar panels will be used, stored or disposed of on this site; V. Compliance with Standards for Special Use Permits (10-19-4(C)): We believe the proposed project wholly meets the Special Use Permit review finding of fact criteria outlined in the City Unified Development Ordinance Section 10-19-4(C). 1.The City Council shall determine that the application has met all of the general requirements of this chapter. The proposed project meets all the general requirements of the City Zoning Ordinance applicable to the subject property and proposed use. 2.The proposed energy system shall further the intent of this chapter and provide renewable energy to the property on which it is proposed. The proposed project meets the intent of the City Zoning Ordinance and will provide renewable energy to the northern Illinois community. 101 N Wacker Drive, Suite 200 3.The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. The proposed project will not be injurious to the use and enjoyment nearby residential property in the immediate vicinity for the purposes already permitted by the zoning standards. Care has been taken to locate the proposed solar system over 1,000 feet from the nearest residential structure (from nearest existing residential structure to the nearest proposed module). Additionally, there is significant proposed landscape screening proposed that will buffer the south and east sides of the project providing visual relief. 4.The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. The project designed to heavily screen by proposed solar system and setback in excess of ordinance requirements, particularly from the residential properties. The project will protect open space and the underlying farmland as after the project is decommissioned the land can be returned to traditional farming or other uses. This project will not impede normal and orderly development in the City of Yorkville. On behalf of Yorkville Renewables, LLC project we thank you in advance for your consideration of our request for approval. We look forward to review of our submittal at the next Community Development meeting and Planning & Zoning Commission meetings. In the interim, please contact us with any questions regarding our submittal or if any additional information is required. Sincerely, Matt Walsh Business Development Director P: 847.212.1585 E: mwalsh@nexamp.com 1 Michael Keith From:Matthew Brown Sent:Wednesday, November 9, 2022 1:40 PM To:Matt Walsh; Jack Curry Cc:Michael Keith; Perry Ryan Subject:FW: [External]RE: Yorkville Solar Access Permit Application Follow Up Flag:Follow up Flag Status:Flagged Matt/Jack, Please see below for the Yorkville access road & temporary construction widening approval. We can discuss this further at the meeting this afternoon. Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Tuesday, November 8, 2022 2:24 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Yep. That works. Your plan is hereby approved. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Tuesday, November 8, 2022 12:15 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, I went through this morning and ran a truck turn analysis on the site with the 50’ culvert which would allow turn radii up to 45’ (while still allowing room for ditch grading), and I believe it would still be a difficult turn for the construction traffic 2 to make. I would estimate we would need around a 60’ culvert if it were to function for construction traffic. As such, we are thinking the temporary widening would be the route we would like to proceed with. This would allow the construction traffic to enter/exit the site and then after construction, the culvert would be reduced down to the 40’ requirement with the road radii of 35’ as shown on the previous plan. Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Monday, November 7, 2022 8:06 AM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Do to the unique nature of this project, we would be willing to allow you to place a 50’ long culvert. Would that work for both temporary and permanent? If not, a temporary widening would be acceptable. This temporary widening would expire after 12 months, and the permanent pipe length would then be required. Let me know how you would like to proceed. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, November 4, 2022 11:13 AM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, We have gone through and revised the drawings as recommended. This includes the reduction of the radii on the entrance in order to accommodate the 40’ culvert. Because of this, we were wondering if it would b e possible to provide a wider entrance and longer culvert on a temporary basis during construction only to alleviate some concerns of getting construction/delivery vehicles in and out of the site. The final permanent drive would then match what is now show on the revised plans. Please let us know if this revised plan is acceptable, and if the proposed temporary widening would be allowed. Thanks! Revised plans (2022-11-04): https://atwell-group.sharefile.com/d-sb86de87732df482cb68f2245af8e2a1e (-> linkprotect.cudasvc.com) Best Regards, 3 Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Tuesday, November 1, 2022 11:44 AM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application The revised plans appear to show that the new 18” CMP is significantly longer than the 40’ requested. I believe the 40’ requested is long enough to serve the needs of this access point. You may need to revise your radius returns to 50’. Please revise accordingly. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Thursday, October 27, 2022 1:49 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, Thanks for all of the good information. As far as I know, the solar facility is the only anticipated project that will utilize this entrance, so as you stated, there shouldn’t be a significant change in trip generation. We have gone through and revised the plans to show the removal of the 8” PVC and replacement with an 18” CMP culvert as recommended (See sheet C-05). I will provide a link to the revised plans below (dated 2022-10-27). Please let us know if this new culvert layout is satisfactory, and if so, we will move forward using this culvert layout for the project. https://atwell-group.sharefile.com/d-sea34864c695a4f49b3e844ffe558f503 (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) 4 From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Friday, October 21, 2022 3:34 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Matthew, I visited the site today to confirm a couple things. As shown in your plans, there is currently an 8” PVC culvert located at the existing entrance. I’m not exactly sure how long this has been there; but it does not, in any way, meet County specifications. However, since there is this existing access to Galena Road for the proposed solar field, I am of the opinion that we could likely consider this a “grandfathered” entrance. This would not work if there was a “significant change in trip generation”, as defined by the Kendall County Highway Access Regulation Ordinance. But since the number of vehicles going to and from the solar field, once constructed, should be extremely small, I believe it would not trigger the significant change in trip generation clause, and subsequent additional requirements found in the KCHARO. Bottom line is that the existing 8” PVC culvert must be removed in its entirety. It must be replaced with 18” dia. x 40’ long CMP or RCP. We recommend using upstream and downstream elevations of the Galena Road ditch at least 100’ away from the proposed culvert so that the new culvert and ditch grades will mesh with the existing Galena Road ditch. Because this is simply a removal and replacement of an existing entrance, I really don’t need a new Application for Access Permit. This work will simply need to be done as part of NexAmp’s site work. An aggregate construction entrance or all weather surface (HMA) should be placed within the entire Galena Road right-of- way to help keep dirt/debris off Galena Road. If there are any other projects besides the solar field that will use this entrance, and those uses constitute a significant change in trip generation, as defined by the KCHARO, then everything discussed above is moot, and compliance with the access ordinance will be required. Specifically, it would then limit the access to right in / right out, and additional turn lanes could be required. But as I see it right now, reconstruction of the existing entrance will likely be all that is required at this point. Please let me know if you have any additional questions. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, October 21, 2022 8:12 AM To: Fran Klaas <FKlaas@kendallcountyil.gov>; Web_Email_Highway <Web_Email_Highway@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: [External]RE: Yorkville Solar Access Permit Application 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, 5 I was just wanting to follow up on this since I hadn’t heard anything back yet. I was just wanting to confirm that the previous email and associated documents arrived correctly. If you could please confirm whether the previous email arrived and provide an approximate timeline for the permit, that would be greatly appreciated. Thanks in advance! Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) From: Matthew Brown Sent: Thursday, October 13, 2022 10:26 AM To: fklaas@kendallcountyil.gov Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: Yorkville Solar Access Permit Application Hello, This is Matthew Brown with Atwell. I am contacting you in regards to a small solar farm that we had discussed previously on the phone a while back. This is for the site located just southwest of Galena Road and IL 47. We were wanting to start providing the necessary documents in order to apply for an access permit for the site. It is my understanding that you require a completed application form and a site plan. In addition, when we talked previously you mentioned the access will likely need to be limited to “right in, right out” traffic. You will be able to find these documents at the sharefile link located below. Please let us know if you require anything else for the permitting process, or if you have any questions comments or concerns. Also, if you could please let me know if these documents arrived correctly, I would greatly appreciate it. https://atwell-group.sharefile.com/d-s4760dfd8f6ef46b0ac48a31532dac854 (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. 6 Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. 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 #2 Tracking Number PZC 2024-21 & EDC 2024-77 PZC 2024-21 Heartland Meadows West (Kendall Marketplace) – First Reading City Council – December 10, 2024 Please see the attached memo. None First Reading Krysti J. Barksdale-Noble Community Development Name Department PZC – 11/13/24 Moved forward to City Council agenda. PZC 2024-21 & EDC 2024-77 1 REQUEST SUMMARY: Marker Inc., the petitioner, along with the property owner, the United City of Yorkville, seeks to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement. They are requesting approval for a preliminary subdivision plat and a final PUD plan to develop Heartland Meadows West. This mixed-use project will feature twenty single-family residential lots for an active adult community, along with four commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential lots and B-3 General Retail District for the commercial lots. The approximately 8.29-acre site, currently vacant, is located within the Kendall Marketplace development, north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail. COMMERCIAL PURCHASE & SALE AGREEMENT: After several years of the subject property siting fallow, the City of Yorkville and Heartland Meadows, LLC, entered into a “Commercial Purchase and Sales Agreement” on January 23, 2024 which established specific conditions for the development of the parcel for residential and commercial uses. However, the originally approved concept plan designates the land use for the subject parcel as “civic purposes”. While the existing Kendall Marketplace development has underlying zoning that permits the proposed single- family dwellings and allows for various commercial uses—such as retail, services, entertainment, dining, medical, and vehicle-related activities—the proposed residential and commercial uses for this parcel requires an amendment to the approved Planned Unit Development (PUD). The agreement allows a Feasibility Period and Platting/Entitlement Period, with the deadline for petition submission set for July 23, 2024, and entitlements required by January 23, 2025. The purchaser is also tasked with establishing a business owner’s association in conjunction with final plat approval to oversee cross-access easements and maintenance for the commercial parking lots in proportion to their area. Additionally, commercial parcels must align with the B-3 Zoning District standards or less intense B-1 or B-2 classifications. Further, the agreement permits the purchaser to secure water and sanitary sewer connection fees at rates effective as of December 1, 2023, for five years following City Council’s final plat approval. Residential water connection fees are set at $5,554, while sanitary sewer connection rates are $2,000, with commercial rates varying by meter size and number of drain units. Covenants will apply to the residential lots, limiting them to a 55+ active adult community, with lot dimensions conforming to the minimum standards previously used in the Heartland Meadows subdivision. Finally, signage installation is permitted post-Feasibility Period, provided it complies with Unified Development Ordinance (UDO) standards. PUD AMENDMENT/PRELIMINARY& FINAL PUD PLAN: Below is a summary of the requested deviations from the Unified Development Ordinance (UDO) and previously approved Kendall Marketplace PUD the petitioner is seeking in the PUD Amendment: 1. Underlying Zoning: Residential land use will have a R-2 Single-Family Traditional Residential District underlying zoning and the commercial land use will have a B-3 General Business underlying zoning. Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 21, 2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 2. Rear Yard Setback Reduction: Request to reduce the standard 40 feet setback to 20 feet due to a 16-inch City water main running parallel to the northern boundary. 3. R-2 Bulk Regulations: a. Minimum lot area reduced from 12,000 sq. ft. to 5,000 sq. ft. b. Minimum lot width reduced from 80 feet to 50 feet. c. Front yard setback reduced from 30 feet to 20 feet. d. Rear yard setback reduced from 40 feet to 20 feet. e. Side yard setback reduced from 10 feet to 5 feet. f. Corner yard setback reduced from 30 feet to 10 feet, except for Lot 2 which will have a 15-foot corner yard setback. 4. B-3 Bulk Regulations: a. Minimum front yard setback reduced from 50 feet to 30 feet. 5. Parking Requirements: a. Infrastructure for a minimum of three (3) electric vehicle charging stations must be installed. b. Cross Access Easement for the commercial parcels shall be provided in the Final Plat of Subdivision. c. A minimum of one (1) off-street loading space per commercial building shall be provided. 6. Public Street Design: a. A requested deviation to omit a required center island in the primary cul-de-sac. 7. Landscaping Requirements: a. Transition Zone “C” landscaping adjusted between residential and commercial areas. b. Parkway tree requirements partially moved to private property, exceeding the usual 25% allowance. 8. Cul-de-Sac Length: a. Primary cul-de-sac at 500 feet, slightly exceeding usual design constraints. 9. Appearance Standards: a. Shall Adhere to the Article III of the original Kendall Marketplace Development Agreement (Ord. 2006-125) for single-family detached residential dwelling units and commercial design standards. 10. Deed Restrictions: a. Residential dwelling units limited to age 55+ for 25 years under a homeowners' association (HOA) agreement. 11. Development Fees: a. Draft Fee Schedule provided as Exhibit to PUD Agreement which secures water and sanitary sewer connection fees at rates effective as of December 1, 2023, for five years following City Council’s final plat approval. b. Developer to provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residential units. 3 STAFF COMMENTS: These deviations aim to accommodate site-specific constraints and the project's focus on a mixed-use active adult community. The petitioner has submitted a revised Site Plan which addresses the staff comments, feedback from the Economic Development Committee, and the recommendations from the Planning and Zoning Commission. 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. PUD AMENDMENT & PRELIMINARY/FINAL PUD PLAN REQUESTS: The Planning and Zoning Commission held a public hearing regarding the proposed Planned Unit Development (PUD) Amendment and Preliminary/Final PUD Plan for the subject property on November 13, 2024. The commission made the following actions on the motions below: 1. Planned Unit Development (PUD) Amendment In consideration of testimony presented during a Public Hearing on November 13, 2024 and standards for Planned Unit Development Approval, the Planning and Zoning Commission recommends approval to the City Council of a request for an amendment to the Kendall Marketplace Planned Unit Development Agreement to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots with underlying zoning designations of R-2 Single- Family Traditional Residential District and B-3 General Retail District for an approximately 8.3 acre parcel located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, subject to the conditions enumerated in a staff memorandum dated November 6, 2024. Action Item: Millen-aye; Linnane-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye; Crouch-aye 7 ayes; 0 no 2. Preliminary & Final PUD Plans The Planning and Zoning Commission recommends approval to the City Council of the Heartland Meadows West Preliminary Plat of Subdivision prepared by Dale Floyd Land Engineering and Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering and dated August 12, 2024 subject to review comments prepared by EEI, Inc. dated October 3, 2024, and further subject to the four (4) commercial lots having a minimum thirty (30) foot front yard setback and Residential Lot 2 having a fifteen (15) foot corner side yard setback. Action Item: Millen-aye; Linnane-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye; Crouch-aye 7 ayes; 0 no 4 Attachments: 1. Draft Kendall Marketplace PUD Amendment Ordinance 2. Draft Preliminary and Final PUD Plan Ordinance 3. Revised Heartland Meadows West Site Plan prepared by Marker, Inc. 4. Opposition E-mail from Mary Czapar dated 11-11-24 5. PZC Memo dated November 6, 2024 6. Copy of Petitioner’s Application 7. Preliminary Plat of Subdivision of Heartland Meadows West (2 sheets) prepared by Dale Floyd Land Surveying 8. Final Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 9. Civil Site Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 10. Landscape Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 11. Draft Operation and Commercial Center Easement Agreement for Heartland Meadows West PUD 12. Plan Council Packet Materials 10-10-24 13. EEI Review Letter to the City dated October 3, 2024 14. Kendall Marketplace Development Agreement (Ord. 2006-125) 15. Commercial Purchase and Sale Agreement dated January 23, 2024 16. Public Hearing Notice Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT FOR KENDALL MARKETPLACE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Mayor and City Council approved by Ordinance Number 2006-125 dated October 26, 2006, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR KENDALL MARKETPLACE, establishing an amendment to the Kendall Marketplace planned unit development which was recorded in the office of the Kendall County Recorder as document 200700002839 on January 24, 2007; and WHEREAS, the Mayor and City Council approved by Ordinance Number 2018-30 dated May 16, 2018, AN ORDINANCE APPROVING AMENDED CONDITIONS THE FOR KENDALL MARKETPLACE PLANNED UNIT DEVELOPMENT, establishing single-family detached residential unit design standards to the Kendall Marketplace planned unit development which was recorded in the office of the Kendall County Recorder as document 201800007714 on June 7, 2018; and WHEREAS, Marker, Inc. (the “Petitioner”) desires to develop an approximately 8.29-acre site that is located within the Kendall Marketplace Planned Unit Development, north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail (the “Parcel”) with an active adult community and commercial developments; and WHEREAS, the Petitioner has filed an application to amend the Planned Unit Development for Kendall Marketplace (the “Amended PUD”), seeking to change the permitted land uses on the Parcel from civic purposes to residential and commercial uses, along with requesting certain variances from the City’s Unified Development Ordinances (the “UDO”); and WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission (the “PZC”) on the proposed Amended PUD was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and WHEREAS, the PZC convened and held a public hearing on November 13, 2024, for the consideration of the Amended PUD; and WHEREAS, the PZC reviewed the standards set forth in Sections 10-8-5D and 10-8-8E of the UDO; and Ordinance No. 2024-____ Page 2 WHEREAS, upon conclusion of said public hearing, the PZC made findings of fact and a recommendation to the Mayor and City Council (“Corporate Authorities”) to approve the Amended PUD; and WHEREAS, the Corporate Authorities have reviewed the findings and recommendation of the PZC and therefore agree to amend the Planned Unit Development for Kendall Marketplace (the “Amended PUD”) to accommodate the Petitioner’s request, said Amended PUD being substantially in the form attached hereto. 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 and made a part of this Ordinance. Section 2. The Amended PUD is hereby approved substantially in the form attached hereto as “Exhibit A”, subject to certain conditions set forth in Section 4 of this Ordinance. Section 4. The Parcel shall be constructed, operated, and maintained pursuant to the Amended PUD and in accordance with the following conditions: a. The four (4) lots on the Parcel that are designated for commercial use shall be subject to a thirty (30) foot front yard setback. b. The minimum bulk regulations for R-2 zoned residential lots shall be re: • Minimum Lot Area shall be 5,000 square feet • Minimum Lot Width shall be 50 feet • Minimum Front Yard setback shall be 20 feet • Minimum Rear Yard setback shall be 20 feet • Minimum Interior Side Yard setback shall be 5 feet • Minimum Corner Side Yard setback shall be 10 feet c. Residential Lot 2, located along the western boundary of the Parcel, shall be subject to a fifteen (15) foot corner side yard building setback. d. The Petitioner shall install infrastructure to accommodate a minimum of three (3) electric vehicle charging stations for the lots that are designated for commercial use. e. A minimum of one (1) off-street loading space per commercial building shall be provided. f. The Petitioner is allowed to omit the required center island in the primary cul-de-sac and such cul-de-sac shall not exceed 500 feet in length. g. The Petitioner must include cross-access easements for the four (4) lots that are designated for commercial use in the Final Plat of Subdivision. h. The Petitioner shall provide a Type C Transition Yard, per Section 10-5-3, Table 10-5- 3(F)(3) of the UDO, at the rear of the double-frontage commercial lots along the primary cul-de-sac between the commercial and residential land uses. i. Section 10-7-3-B-4-c of the UDO requires a canopy tree be planted for every forty (40) linear feet of parkway. Per 10-7-3-B-4-c-1, up to 25% of these canopy trees are Ordinance No. 2024-____ Page 3 permitted to be planted on private property, subject to certain conditions. The Petitioner shall disclose the percentage of canopy trees to be planted on private property. Should this percentage exceed 25%, a deviation in the PUD shall be required. j. Per the Commercial Purchase & Sale Agreement, the development shall be constructed and operated as an age-targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is fifty-five (55) years of age or greater, which age restriction shall not be modified for a period of twenty-five (25) years from approval of the Final Plat for the Planned Use Development plan for the Parcel. k. Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards. In addition to the City’s Appearance Code, for Single-Family Detached Residential Units the Petitioner must incorporate: • Masonry products on the front façade of 75% of the total units. • A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. • A minimum of 50% of each building elevations shall incorporate premium siding material. • Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. l. The Petitioner shall adhere to the below Commercial Design Standards per the original Kendall Marketplace Development Agreement as follows: • The Petitioner shall adhere to all guidelines within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. • 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 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. The use of masonry products or precast concrete is encouraged on the remaining facades. • All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. • Masonry products shall not be painted. m. The Petitioner shall provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences. n. The Petitioner shall adhere to the fees listed in the fee schedule attached hereto as “Exhibit B.” Ordinance No. 2024-____ Page 4 Section 4. This Ordinance shall be in full force and effect after its passage, publication and approval as provided by law. [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No. 2024-____ Page 5 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 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 (see note "a" below)$0 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot (SF)$650 + $0.20(SF) 2. Water Connection Fees SF $5,554 3. Water Meter Cost Detached Units $550 4. City Sewer Connection Fees (see note "b" below)$2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1,200 Development Fees Total $4,609 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780.48 Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 Notes: a. Fee is reduced to $0 per Resolution from Yorkville School District #115 b. Fee is locked at December 1, 2023 rate for 5 years per Commercial Purchase and Sale Agreement Heartland Meadows West (see note "b" below) FIVE (5) YEAR FEE LOCK EXPIRATION Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A PRELIMINARY PLAN OF SUBDIVISION AND FINAL PLANNED UNIT DEVELOPMENT PLAN FOR THE PROPERTY LOCATED NORTH OF BLACKBERRY SHORE LANE AND BETWEEN NORTHLAND LANE AND CANNONBALL TRAIL (Heartland Meadows West) 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, Marker, Inc., an Illinois corporation (the "Applicant") is the contract purchaser from the United City of Yorkville (the “Owner”) of certain property located north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail, Yorkville, Illinois (the "Subject Property") legally described on the preliminary plat of subdivision attached hereto and made a part hereof by reference as Exhibit A, and are seeking subdivision of the Subject Property into 20 residential and 4 commercial lots (collectively the "Project"); and WHEREAS, after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property, the Planning and Zoning Commission (the “PZC”) convened and held a public hearing on November 13, 2024, to consider subdivision of the Subject Property; and WHEREAS, the PZC reviewed the standards set forth in Sections 10-8-5D and 10-8-8E of the Yorkville Unified Development Ordinance and made a recommendation to the Mayor and City Council (the “Corporate Authorities”) for approval of the subdivision by its Preliminary Plat of Subdivision and final Planned Unit Development plan; and WHEREAS, in response to conditions placed on the Project by the PZC, the Applicant submitted a revised site plan on November 20, 2024, attached hereto as “Exhibit B”. 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 and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve: a. The preliminary plan of subdivision entitled Heartland Meadows West Preliminary Plat of Subdivision, prepared by Dale Floyd Land Engineering and attached hereto and made a part hereof by reference as “Exhibit A” for the subdivision of the Subject Property, legally described on Exhibit A with Property Index Number 02-20-351-006; and Ordinance No. 2024-____ Page 2 b. The Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering, dated August 12, 2024 and attached hereto and made a part hereof by reference as “Exhibit C”; c. The Heartland Meadows West Landscape Plan prepared by Tebrugge Engineering and attached hereto and made a part hereof by reference as “Exhibit D”; said approval subject to final review comments prepared by EEI, Inc., dated October 3, 2024 and attached hereto as “Exhibit E”. Section 3. The approval of the preliminary plan of subdivision and final Planned Unit Development plan shall be subject to the following conditions: a. The four (4) lots on the Parcel that are designated for commercial use shall be subject to a thirty (30) foot front yard setback. b. The minimum bulk regulations for R-2 zoned residential lots shall be re: • Minimum Lot Area shall be 5,000 square feet • Minimum Lot Width shall be 50 feet • Minimum Front Yard setback shall be 20 feet • Minimum Rear Yard setback shall be 20 feet • Minimum Interior Side Yard setback shall be 5 feet • Minimum Corner Side Yard setback shall be 10 feet c. Residential Lot 2, located along the western boundary of the Parcel, shall be subject to a fifteen (15) foot corner side yard building setback. d. The Petitioner shall install infrastructure to accommodate a minimum of three (3) electric vehicle charging stations for the lots that are designated for commercial use. e. A minimum of one (1) off-street loading space per commercial building shall be provided. f. The Petitioner is allowed to omit the required center island in the primary cul-de-sac and such cul-de-sac shall not exceed 500 feet in length. g. The Petitioner must include cross-access easements for the four (4) lots that are designated for commercial use in the Final Plat of Subdivision. h. The Petitioner shall provide a Type C Transition Yard, per Section 10-5-3, Table 10-5- 3(F)(3) of the UDO, at the rear of the double-frontage commercial lots along the primary cul-de-sac between the commercial and residential land uses. i. Section 10-7-3-B-4-c of the UDO requires a canopy tree be planted for every forty (40) linear feet of parkway. Per 10-7-3-B-4-c-1, up to 25% of these canopy trees are permitted to be planted on private property, subject to certain conditions. The Petitioner shall disclose the percentage of canopy trees to be planted on private property. Should this percentage exceed 25%, a deviation in the PUD shall be required. j. Per the Commercial Purchase & Sale Agreement, the development shall be constructed and operated as an age-targeted community with occupancy of the housing units Ordinance No. 2024-____ Page 3 restricted to at least one (1) principal resident who is fifty-five (55) years of age or greater, which age restriction shall not be modified for a period of twenty-five (25) years from approval of the Final Plat for the Planned Use Development plan for the Parcel. k. Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards. In addition to the City’s Appearance Code, for Single-Family Detached Residential Units the Petitioner must incorporate: • Masonry products on the front façade of 75% of the total units. • A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. • A minimum of 50% of each building elevations shall incorporate premium siding material. • Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. l. The Petitioner shall adhere to the below Commercial Design Standards per the original Kendall Marketplace Development Agreement as follows: • The Petitioner shall adhere to all guidelines within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. • 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 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. The use of masonry products or precast concrete is encouraged on the remaining facades. • All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. • Masonry products shall not be painted. m. The Petitioner shall provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences. n. The Petitioner shall adhere to the fees listed in the fee schedule attached hereto as “Exhibit F.” Section 4. This Ordinance shall be in full force and effect after its passage, publication and approval as provided by law. [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No. 2024-____ Page 4 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 S 68°45'43" E 494.24'130.56'158.00'205.68'S 21°14'17" W 202.00'S 21°14'17" W 202.00'S 21°14'17" W 186.81'N 74°29'53" W 113.32'S 06°48'52" W 110.00'S 41°14'34" W 145.04'N 68°45'43" W 127.92'N 21°14'17" E 105.00'N 21°14'17" E 105.00'N 21°14'17" E 171.12'N 21°14'17" E 166.45'N 21°14'17" E 161.79'N 21°14'17" E 105.75'N 21°14'17" E 105.90'N 68°45'43" W 279.51'N 21°14'17" E 106.29'N 21°14'17" E 78.10'N 21°14'17" E 93.19'100.00'55.00'107.20'38.02'N 06°48'52" E 59.67'S 82°32'50" E 100.00'S 78°31'21" E 100.00'64.24'49.08'60.30'48.00'N 45°02'36" E 74.52'30.77'55.00'59.96'N 73°18'30" E 59.08'N 68°45'43" W 125.21'N 68°45'43" W 114.63'11.51'54.00'54.00'54.00'58.00'48.00'A=100.00'A=55.00'A=55.00'R=783.00'A=59.59'60.00'58.00'235.25'158.00'158.00'194.54'A=66.18'N 21°40'31" E 100.00'S 63°49'32" E 91.85'N 21°40'31" E 145.73'N 83°11'08" W 300.22'N 08°16'30" E 138.75'N 30°29'32" W 65.90'N 63°49'32" W 302.04'N 21°40'31" E 127.42'S 06°48'52" W 59.67'N 32°01'21" E 127.64'R=783.00'L=344.49'N 68°45'43" W 108.30'N 68°45'43" W 118.00'14.41'60.11'24.01'54.20'54.20'54.20'54.20'61.23'29.58'37.44'25.09'9.94'S 71°09'41" W 110.00'93.60'45.15'6.00'R=60.00'FIOSON CONCRETEPADFIOSVAULTFIOSVAULTELECTRICTRANSFORMERFIOSVAULTATTBOXELECTRICTRANSFORMERFIOSVAULTFIOSVAULTPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COM410 E. CHURCH STREET - SUITE A ySANDWICH, IL 60548OF 21 SHEETSMARKER, INC.608 E VETERANS PKWY, YORKVILLE, ILPREPARED FOR:HEARTLAND MEADOWS WEST1" = 30'1FINAL PLANOF 1 SHEETLOTS 1-20 ZONING = R-1LOTS 21-24 ZONING = B-3 S 68°45'43" E 494.24'130.56'158.00'205.68'S 21°14'17" W 202.00'S 21°14'17" W 202.00'S 21°14'17" W 186.81'N 74°29'53" W 113.32'S 06°48'52" W 110.00'S 41°14'34" W 145.04'N 68°45'43" W 127.92'N 21°14'17" E 105.00'N 21°14'17" E 105.00'N 21°14'17" E 171.12'N 21°14'17" E 166.45'N 21°14'17" E 161.79'N 21°14'17" E 105.75'N 21°14'17" E 105.90'N 68°45'43" W 279.51'N 21°14'17" E 106.29'N 21°14'17" E 78.10'N 21°14'17" E 93.19'100.00'55.00'107.20'38.02'N 06°48'52" E 59.67'S 82°32'50" E 100.00'S 78°31'21" E 100.00'64.24'49.08'60.30'48.00'N 45°02'36" E 74.52'30.77'55.00'59.96'N 73°18'30" E 59.08'N 68°45'43" W 125.21'N 68°45'43" W 114.63'11.51'54.00'54.00'54.00'58.00'48.00'A=100.00'A=55.00'A=55.00'R=783.00'A=59.59'60.00'58.00'235.25'158.00'158.00'194.54'A=66.18'N 21°40'31" E 100.00'S 63°49'32" E 91.85'N 21°40'31" E 145.73'N 83°11'08" W 300.22'N 08°16'30" E 138.75'N 30°29'32" W 65.90'N 63°49'32" W 302.04'N 21°40'31" E 127.42'S 06°48'52" W 59.67'N 32°01'21" E 127.64'R=783.00'L=344.49'N 68°45'43" W 108.30'N 68°45'43" W 118.00'14.41'60.11'24.01'54.20'54.20'54.20'54.20'61.23'29.58'37.44'25.09'9.94'S 71°09'41" W 110.00'93.60'45.15'6.00'R=60.00'FIOSON CONCRETEPADFIOSVAULTFIOSVAULTELECTRICTRANSFORMERFIOSVAULTATTBOXELECTRICTRANSFORMERFIOSVAULTFIOSVAULTPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COM410 E. CHURCH STREET - SUITE A ySANDWICH, IL 60548OF 21 SHEETSMARKER, INC.608 E VETERANS PKWY, YORKVILLE, ILPREPARED FOR:HEARTLAND MEADOWS WEST1" = 30'1LANDSCAPE PLANOF 1 SHEET 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 (see note "a" below)$0 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot (SF)$650 + $0.20(SF) 2. Water Connection Fees SF $5,554 3. Water Meter Cost Detached Units $550 4. City Sewer Connection Fees (see note "b" below)$2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1,200 Development Fees Total $4,609 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780.48 Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 Notes: a. Fee is reduced to $0 per Resolution from Yorkville School District #115 b. Fee is locked at December 1, 2023 rate for 5 years per Commercial Purchase and Sale Agreement Heartland Meadows West (see note "b" below) FIVE (5) YEAR FEE LOCK EXPIRATION From: To: Subject: Date: Mary Czapar Krysti Barksdale-Noble Development at Blackberry Shore Lane Monday, November 11, 2024 4:40:10 PM To Whom It May Concern: My husband Phil and I are residents of the Kylyn’s Ridge neighborhood. As residents of Kylyn’s Ridge we are very concerned about the plans being drawn up for Heartland Meadows West at the corner of Blackberry Shore Lane and Northland Lane. In my opinion, the plans that we have seen are not at all acceptable for this neighborhood. We do NOT need any more commercial lots. We are not against the building of senior friendly housing and in fact would support a properly designed and functional over 55 neighborhood being built on that site. That is not what is currently being proposed. Here are my concerns: We do not need any more commercial lots with so much unused commercial space already existing in Kendall Marketplace. Continuing to approve commercial zoning will adversely affect our property values and is an eyesore to our residential neighborhood. I’m am strongly opposed to rezoning any portion of that site in question to be commercial. The variances being requested for reduction in lot size seem excessive, especially the reduced distance in between houses. I agree that some reduction in lot size might be considered for an over 55 demographic but this seems to be extreme and potentially a hazard with so little clearance between buildings. Also, why would seniors want to buy homes that will look out into the backs of commercial properties? That would definitely not be creating a pleasant comfortable community. Seniors deserve better than that! There is an already existing baseball field at that intersection. This plan completely removes the already inadequate parking for families attending community sponsored baseball games. Thought and consideration needs to be given to the safety of children and families that use that field. I know that this beautiful United City of Yorkville is undergoing a lot of growth and change and with that we are all expected to change with the times, however, I respectfully ask the powers that be in this decision process to carefully consider the needs and desires of the residents of our community. Our community is being impacted by development from every side. Help us protect our homes and our residential neighborhood. Thank you for your consideration. Sincerely, Mary Czapar 1 REQUEST SUMMARY: Marker Inc., the petitioner, along with the property owner, the United City of Yorkville, seeks to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement. They are requesting approval for a preliminary subdivision plat and a final PUD plan to develop Heartland Meadows West. This mixed-use project will feature twenty single-family residential lots for an active adult community, along with four commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential lots and B-3 General Retail District for the commercial lots. Additionally, the petitioner is seeking to reduce the rear yard setback from 40 feet to 20 feet, due to the presence of a 16-inch City water main running parallel to the northern boundary of the parcel. They also request a reduction in interior and corner side yard setbacks from 10 feet and 30 feet to 5 feet. The approximately 8.29-acre site, currently vacant, is located within the Kendall Marketplace development, north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail. Memorandum To: Planning & Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 6, 2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 PROPERTY BACKGROUND/ZONING: The subject property is located within the existing Kendall Marketplace Planned Unit Development (PUD) approved by the City in 2006. Per Article II of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, “[t]he development of the property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit “B” as illustrated below: The Kendall Marketplace PUD allowed for a mix of uses permitted within the B-3 General Business District, R-2 Single-Family Traditional Residence District, and the R-3 Multi-Family Attached Residence District. The following are the current immediate surrounding zoning and land uses to the subject property: COMMERCIAL PURCHASE & SALE AGREEMENT: After several years of the subject property siting fallow, the City of Yorkville and Heartland Meadows, LLC, entered into a “Commercial Purchase and Sales Agreement” on January 23, 2024 which established specific conditions for the development of the parcel for residential and commercial uses. However, the originally approved concept plan designates the land use for the subject parcel as “civic purposes”. While Zoning Land Use North R-2 Single-Family Residence District Cannonball Estates Subdivision East R-3 (Kendall County) Single-Family Residential South Planned Unit Development (B-3) Kendall Marketplace (Home Depot) West Planned Unit Development (R-3) Kendall Marketplace (Baseball Field) Kendall Market Place (Townes of Kendall Marketplace) 3 the existing Kendall Marketplace development has underlying zoning that permits the proposed single- family dwellings and allows for various commercial uses—such as retail, services, entertainment, dining, medical, and vehicle-related activities—the proposed residential and commercial uses for this parcel requires an amendment to the approved Planned Unit Development (PUD). The agreement allows a Feasibility Period and Platting/Entitlement Period, with the deadline for petition submission set for July 23, 2024, and entitlements required by January 23, 2025. The purchaser is also tasked with establishing a business owner’s association in conjunction with final plat approval to oversee cross-access easements and maintenance for the commercial parking lots in proportion to their area. Additionally, commercial parcels must align with the B-3 Zoning District standards or less intense B-1 or B-2 classifications. Further, the agreement permits the purchaser to secure water and sanitary sewer connection fees at rates effective as of December 1, 2023, for five years following City Council’s final plat approval. Residential water connection fees are set at $5,554, while sanitary sewer connection rates are $2,000, with commercial rates varying by meter size and number of drain units. Covenants will apply to the residential lots, limiting them to a 55+ active adult community, with lot dimensions conforming to the minimum standards previously used in the Heartland Meadows subdivision. Finally, signage installation is permitted post-Feasibility Period, provided it complies with Unified Development Ordinance (UDO) standards. AMENDMENTS TO APPROVED PUD: As mentioned, the change in approved land use from civic to residential and commercial requires an amendment to the existing Kendall Marketplace PUD. Section 10-8-8G of City’s Unified Development Ordinance (UDO) establishes criteria for major and minor planned unit development amendments. Based upon the increase in residential land use/density, a modification in the proportion of housing types, and the alt, the request is deemed a major amendment. The breakdown of change in approved land uses within the Kendall Marketplace PUD is provided in the table below: PROPOSED PRELIMINARY & FINAL PUD PLAN: As proposed, the concept for Heartland Meadows West Subdivision includes 20 single-family residential lots, specifically designed as an active adult community. These lots are positioned within the designated residential zoning area, aligning with the project’s goal of creating a neighborhood for active adults. Four commercial outlots are planned, with zoning aimed at supporting various business activities. These lots are situated to accommodate retail, service, and other business-oriented uses, contributing to a mixed-use environment within the community. The plan seeks amendments to the existing PUD agreement, proposing zoning designations of R-2 Single- Family Traditional Residential District for the residential lots and B-3 General Retail District for the commercial lots. Specific setback adjustments are requested due to site-specific constraints, such as a nearby City water main. APPROVED PUD PLAN (Acres) PROPOSED PUD AMENDMENT (Acres) % CHANGE Residential 47.26 3.33 +7% Commercial 105.33 3.39 +3.3% Detention 21.90 0 - Park 4.40 0 - Civic 8.35 0 - Open Space 3.28 0 - Dedicated R.O.W. 1.58 1.57 +99% TOTAL AREA 192.1 8.29 4 5 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. REQUESTED PUD DEVIATIONS: Planned Unit Developments (PUD) 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. Accordingly, modification standard #7 “Age-Targeted Development” applies, as the proposed development will include residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. Below is a summary of the design components of the Preliminary and Final PUD plans and the identified proposed deviations from the base R-2 and B-2 district standards as part of the PUD and Preliminary Plan: 1. R-2 Single-Family Bulk Regulations - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current R-2 Single-Family Traditional Residence District standards with the proposed Planned Unit Development (PUD) for the residential lots: R-2 Zoning Regulations Approved Heartland Meadows Proposed Heartland Meadows West Min. Lot Area 12,000 sq. ft. 5,000 sq. ft 5,000 sq. ft1 Min. Lot Width 80 feet 50 feet 50 feet Front Yard Setback 30 feet 25 feet 25 feet Rear Yard Setback 40 feet 20 feet 20 feet Side Yard Setback 10 feet 5 feet 5 feet Corner Yard Setback 30 feet 10 feet 10 feet Max. Lot Coverage 45% 22.5% (Entire Development) Max. 65% (Individual Lots) TBD Max. Dwelling Height 30 feet 1 story 1 story The proposed PUD does not meet the minimum bulk regulations for lot area, lot width, and yard setbacks required in the R-2 Zoning District. The petitioner is requesting that the bulk regulations for the proposed Heartland Meadows West development align with the approved standards of Heartland Meadows, as outlined in the Commercial Purchase and Sale Agreement. Although the maximum lot coverage for the development is still undetermined, staff is confident it will remain within the 65% limit per residential lot. The petitioner seeking a relief from Section 10-3-9. Bulk and Dimensional Standards for the R-2 Zoning District of the Unified Development Ordinance. Staff is supportive of this request. 2. B-3 General Business Bulk Regulations - Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current B-3 General Business District standards with the proposed Planned Unit Development (PUD) for the commercial lots: 1 Proposed minimum lot area is 5,851 sq. ft. Proposed maximum lot area is 9,220 sq. ft. Proposed average lot area is 7,241 sq. ft. 6 B-3 Zoning Regulations Proposed Heartland Meadows West Min. Lot Area 10,000 sq. ft. ~31,700 sq. ft2 Front Yard Setback 50 feet 18 feet Rear Yard Setback 20 feet 20 feet Side Yard Setback 20 feet TBD Corner Yard Setback 30 feet 30 feet Max. Lot Coverage 80% TBD Max. Building Height 80 feet TBD The proposed PUD does not meet the minimum front yard setback requirement of 50 ft. (assuming Blackberry Shore Lane is the front yard) for the B-3 district and other regulations related to interior side yard setbacks, maximum lot coverage and building height remain undetermined at this preliminary level of design. Due to the placement of the parking lot in the front of the commercial structures, staff believes the minimum building setback may exceed the requested 18 feet front yard setback. The petitioner seeking a relief from Section 10-3-9. Bulk and Dimensional Standards for the B-3 Zoning District of the Unified Development Ordinance. Staff is supportive of this request. 3. Parking Requirements - According to the Preliminary PUD Plan submitted, there are 132 total parking spaces to be provided on the property to accommodate the proposed four (4) commercial outlots. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the lots, for the purposes of off-site parking, as commercial retail/service uses less than 8,000 sq. ft., 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, certain allowed reductions to the required parking may be available once final use type is determined. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the developer must install the infrastructure to accommodate a minimum of three (3) electric vehicle charging stations is required. 4. Vehicular Cross Access - The proposed site design includes three (3) access points: two on Blackberry Shore Lane serving the commercial lots and one on Northland Lane for the residential area. The Blackberry Shore Lane access points lead to off-street parking for commercial use, while the Northland Lane access leads to a future public roadway that ends in two cul-de-sacs for residential access. Notably, the commercial access points on Blackberry Shore Lane align with existing access points for Home Depot in the adjacent Kendall Marketplace development. Additionally, there are two (2) rear access points on the commercial lots connecting to the planned public roadway, designated for service vehicles such as garbage trucks, delivery vehicles, and emergency services, without a direct link to the residential roadway. In line with Section 10-5-1-F of the Unified Development Ordinance, which encourages cross- access between adjacent properties, the development is required to promote shared parking and ease vehicular flow between commercial and residential areas. The commercial lots meet shared parking requirements, and as such, the developer will need to include cross-access easements for these parcels in the Final Plat of Subdivision. This design aims to reduce street access 2 Proposed min. lot area is 31,725 sq. ft. Proposed max. lot area is 44,976 sq. ft. Proposed average lot area is 44,983 sq. ft. 7 points and facilitate movement between different uses, supporting connectivity and operational efficiency within the site. 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 site has an existing 10’ wide multi-use pedestrian/walking trail along Blackberry Shore Lane and sidewalk installed along the frontage of Northland Lane. 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. The petitioner requests a minimum of one (1) off-street loading space per commercial building on the subject property. Staff is supportive of this request. 7. Public Street Design - According to Section 10-7-5-A of the Unified Development Ordinance, cul-de-sac lengths should not exceed 500 feet, measured from the entrance to the center of the turn-around. The proposed primary cul-de-sac measures approximately 500 feet, as verified by staff. The secondary cul-de-sac is shorter, measuring around 200 feet. Islands with a minimum radius of 15 feet are required in the center of cul-de-sacs and should feature mountable curbing to allow vehicle access. While vegetation may be planted, it should not exceed four feet in height at maturity to maintain clear visibility across the cul-de-sac. Proposed streets will be dedicated public roadways and street names will be provided as part of the final plat submission for approval. For the primary cul-de-sac, which has a radius of 60 feet, the petitioner is requesting a deviation from the required center island. Staff is supportive of this request. 8. Lots - According to Section 10-7-2, all lots are required to front or abut a public street. Residential lots 3-5 will have driveway access from Northland Lane. Given the proximity to the public park and ball field located across from the proposed development, on-street parking currently is not allowed on the west side of Northland Lane along the park. The City recommends the no parking restricted be swapped to the east side of the street in front of the residential homes with signage and stripping installed accordingly. 9. Landscaping - Section 10-5-3 establishes landscape standards for new developments. Transition zone landscape will 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. The rear of the double-frontage commercial lots shall provide a Type C Transition Yard along the 8 primary cul-de-sac between the commercial and residential land uses as described below: Type A (3) Type B (3) Type C (3) Type D (3) (a)Minimum Zone Width (1)8 feet 10 feet 15 feet 20 feet (b)Minimum Fence/Wall Height (2)optional optional 6 feet 6 feet (c)Understory Tree optional 3 4 5 (d)Canopy/Evergreen Tree 4 3 4 5 (e)Shurbs/Native Grasses optional 15 25 35 (3) Landscaping elements can be arranged to match to natural topography or natural features of the site and may be arranged in groupings to enhance site aesthetics as approved by the Zoning Administrator. (2) Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum height of six (6) feet, as approved by the Zoning Administrator. Table 10-5-3(F)(3) Transition Zone Types Specification Minimum Number of Landscape Elements per 100 Linear Feet Notes: (1) Required yard setbacks may be utilized for transition zone landscape. Based on staff review, several landscape requirements apply to the residential lots. Per Section 10-7-3-B-4-c of the Unified Development Ordinance, at least one canopy tree is required for every 40 linear feet of parkway. Additionally, Section 10-7-3-B-4-c-1 allows up to 25% of these trees to be substituted on private property within the same subdivision, provided certain conditions are met. These conditions include ensuring that the trees are located on private property within the same subdivision, are in front yards, meet planting specifications, and enhance neighborhood aesthetics, achieving the same visual impact as parkway plantings. The developer must specify the percentage of parkway trees planned for private property within the residential lots. Should this percentage exceed the 25% allowance, a deviation in the Planned Unit Development (PUD) is required. Staff is supportive of the deviation. 10. Deed Restrictions & HOA – Per the Commercial Purchase & Sale Agreement, the development shall be constructed and operated as an age-targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is 55 years of age or greater which shall not be modified for a period of twenty-five (25) years from approval of the Final Plat for the Planned Unit Development plan. Additionally, the developer will create a homeowner’s association (HOA) for the maintenance of the private yards. 11. Appearance Standards - Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards in addition to the City’s Appearance Code, for Single-Family Detached Residential Units, they must incorporate: • Masonry products on the front façade of 75% of the total units. • A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. • A minimum of 50% of each building elevations shall incorporate premium siding material. • Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. In addition, the Commercial Design Standards per the original Kendall Marketplace Development Agreement are as follows: • All guidelines” within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. 9 • This requires 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 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. The use of masonry products or precast concrete is encouraged on the remaining facades. • All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. • Masonry products shall not be painted. PERMIT FEES: Per “Exhibit D” and “ Exhibit E” of the Development Agreement (Ord. 2006-125) for Kendall Marketplace includes residential and commercial permit fees (see attached). Based upon the Commercial Purchase and Sale Agreement, staff recommends the following draft fee schedule shall apply: With regard to the School Transition Fees, the developer will provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences within the proposed development due to it being an age restricted community in conformity with the US Housing and Urban Development standards. 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 (see note "a" below)$0 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot (SF)$650 + $0.20(SF) 2. Water Connection Fees SF $5,554 3. Water Meter Cost Detached Units $550 4. City Sewer Connection Fees (see note "b" below)$2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1,200 Development Fees Total $4,609 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780.48 Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 Notes: a. Fee is reduced to $0 per Resolution from Yorkville School District #115 b. Fee is locked at December 1, 2023 rate for 5 years per Commercial Purchase and Sale Agreement Heartland Meadows West (see note "b" below) FIVE (5) YEAR FEE LOCK EXPIRATION 10 COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “Parks and Open Space” which is defined typically for a broad range of recreational activity, trails, and green space. However, in some instances, the Comprehensive Plan acknowledges, that open space designation may be reserved until future market demand could support commercial development. Further, the Comprehensive Plan encourages development that meets the needs of the aging population in Yorkville. Additionally, the recently adopted “Elevating Aging-in-Community/Lifecycle Living in Yorkville – A Strategic Guide” recommended the city pursue appropriate and affordable housing to support older residents staying in Yorkville. Therefore, staff supports the proposed PUD and its consistency with the proposed underlining residential and commercial land uses as they are consistent with the previously approved Kendall Marketplace Planned Unit Development. ECONOMIC DEVELOPMENT COMMITTEE FEEDBACK: The feedback from the Economic Development Committee Meeting on November 6, 2024, emphasized that the minimum front yard building setback for all residential lots must be 25 feet, requiring a revision of the Preliminary Plat of Subdivision to meet this standard. Additionally, it was recommended that the corner side yard building setback for residential Lot 2 along Northland Lane be increased beyond the proposed 10 feet, and that the front yard setback for the commercial lots be increased beyond the currently depicted 18 feet. 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. 11 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 will provide written responses to these standards which will be incorporated into the record during the public hearing. STAFF COMMENTS: The City Engineer has reviewed the proposed Planned Unit Development Amendment and Preliminary PUD Plan, with approval contingent on addressing comments prepared by EEI dated October 3, 2024. The petitioner has submitted written responses to these standards, which will be included in the record for the public hearing. Additionally, the plans were also reviewed by the City's Building Code Official and the Fire Marshal from the Bristol Kendall Fire District. They concluded that the proposed development meets all minimum standards for dwelling separation under the 2018 International Code Council (ICC) Code cycle, as well as other requirements outlined in the Building Planning section of the 2018 International Residential Code (IRC) code. However, certain design elements, if included, may necessitate the use of fire-retardant materials in the residential units and the installation of fire alarms and sprinklers for the commercial units, which will be assessed upon submission of individual building permits. PROPOSED MOTIONS: 1. Planned Unit Development (PUD) Amendment In consideration of testimony presented during a Public Hearing on November 13, 2024 and standards for Planned Unit Development Approval, the Planning and Zoning Commission recommends approval to the City Council of a request for an amendment to the Kendall Marketplace Planned Unit Development Agreement to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots with underlying zoning designations of R-2 Single- Family Traditional Residential District and B-3 General Retail District for an approximately 8.3 acre parcel located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, subject to the conditions enumerated in a staff memorandum dated November 6, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 2. Preliminary & Final PUD Plans The Planning and Zoning Commission recommends approval to the City Council of the Heartland Meadows West Preliminary Plat of Subdivision prepared by Dale Floyd Land Engineering and Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering and dated August 12, 2024 subject to review comments prepared by EEI, Inc. dated October 3, 2024, and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Copy of Petitioner’s Application 2. Preliminary Plat of Subdivision of Heartland Meadows West (2 sheets) prepared by Dale Floyd Land Surveying 3. Final Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 4. Civil Site Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 5. Landscape Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 6. Plan Council Packet Materials 10-10-24 1 I have reviewed the application for Planned Unit Development (PUD) Agreement Amendment to Ord. 2006-125, as amended, for Kendall Marketplace, as well as a Landscape Plan prepared by Tebrugge Engineering, Preliminary Plat of Subdivision & Final PUD Plan for Heartland Meadows West prepared by Tebrugge Engineering, received August 22, 2024 and September 12, 2024 as submitted by Daniel Kramer on behalf of Marker Inc., petitioner. The petitioner is seeking to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement and is requesting approval for both a preliminary subdivision plat and the final PUD plan. The proposal is to develop Heartland Meadows West, a mixed-use project that includes twenty (20) single- family residential lots for an active adult community and four (4) commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the commercial area. Additionally, the petitioner is requesting a reduction in rear yard setbacks from 40 feet to 20 feet due to a 16-inch City water main running parallel to the northern parcel line. They are also asking for a reduction in interior and corner side yard setbacks from 10 feet and 30 feet, respectively, to 5 feet. The site, approximately 8.29 acres of vacant land, is located north of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, within the Kendall Marketplace development. Based upon my review of the application documents and plans, I have compiled the following comments: GENERAL ZONING/PUD AMENDMENT COMMENTS: 1. ZONING – Per Ord. 2006-125, the Kendall Marketplace development, of which the subject parcel is located within, has a PUD zoning classification to allow for uses permitted within the B-3, R-2, and R-3 zoning districts. The following are the current immediate surrounding zoning and land uses: 2. PERMITTED USES – Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “single-family dwellings” are permitted land uses in the R-2 District. The B-3 District allows for a variety of commercial uses such as retail, service, entertainment, eating/drinking, medical, and vehicle related uses. Zoning Land Use North R-2 Single-Family Residence District Cannonball Estates Subdivision East R-3 (Kendall County) Single-Family Residential South Planned Unit Development (B-3) Kendall Marketplace (Home Depot) West Planned Unit Development (R-3) Kendall Marketplace (Baseball Field) Kendall Market Place (Townes of Kendall Marketplace) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: September 30,2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 3. LAND USE - Per Article II of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, “[t]he development of the property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit “B” as illustrated below: a. The approved land use for subject parcel was designated for a civic use. The proposed residential and commercial uses require an amendment to the approved planned unit development. 4. AMENDMENTS TO APPROVED PUD – Section 10-8-8G of City’s Unified Development Ordinance (UDO) establishes criteria for major and minor planned unit development amendments. It is the finding of the Zoning Administrator that the request is deemed a major amendment to the approved Kendall Marketplace PUD based upon the (a) increased density and (b) modification in the proportion of housing types. a. The breakdown of change in approved land uses within the Kendall Marketplace PUD is provided in the table below: APPROVED PUD PLAN (Acres) PROPOSED PUD AMENDMENT (Acres) % CHANGE Residential 47.26 3.33 +7% Commercial 105.33 3.39 +3.3% Detention 21.90 0 - Park 4.40 0 - Civic 8.35 0 - Open Space 3.28 0 - Dedicated R.O.W. 1.58 1.57 +99% TOTAL AREA 192.1 8.29 3 5. DESIGN STANDARDS – Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards in addition to the City’s Appearance Code, as explained below: a. Residential – Single-Family Detached Residential Units must incorporate: i. Masonry products on the front façade of 75% of the total units. ii. A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. iii. A minimum of 50% of each building elevations shall incorporate premium siding material. iv. Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. v. Is the petitioner seeking to revise these standards for this portion of the development? If so, how? Will elevations be provided for approval? vi. Anti-monotony regulations provided in Section 10-7-8 of the Unified Development Ordinance shall also apply. b. Commercial – Commercial Design Standards are subject to: i. All guidelines” within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. ii. This requires 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 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. The use of masonry products or precast concrete is encouraged on the remaining facades. iii. All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. iv. Masonry products shall not be painted. v. Is the petitioner seeking to revise these standards for this portion of the development? If so, how? Will elevations be provided for approval? 6. PERMIT FEES - Per “Exhibit D” and “ Exhibit E” of the Development Agreement (Ord. 2006-125) for Kendall Marketplace includes residential and commercial permit fees (see attached). a. Is the petitioner seeking to revise any of these permit fees? b. Water and sanitary connection fees for residential and commercial land uses are adjusted per the Commercial Purchase and Sales Agreement dated January 23, 2024 (see comment #8d). c. School Transition Fees – The developer will provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences within the proposed development due to it being an age restricted 4 community in conformity with the US Housing and Urban Development standards. 7. HOA – Is the developer proposing to create an HOA since no common or open space is proposed? 8. DEED RESTRICTION – The development shall be constructed and operated as an age- targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is 55 years of age or greater which shall not be modified for a period of twenty-five (25) years from approval of the Final Planned Unit Development plan. 9. PUD MODIFICATION STANDARDS - 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 not identified at least one (1) modification standard the proposed PUD will meet per Section 10-8-8D. i. Staff believes modification standard #7 “Age-Targeted Development” applies, as the proposed development will include residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. b. Petitioner shall provide written responses to the following standards for special use and for Planned Unit Development (PUD) which will be entered into the record during the public hearing process: i. 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. ii. 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. iii. 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. iv. 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. v. 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 5 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. vi. 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. COMMERCIAL PURCHASE & SALE AGREEMENT 10. Per the Commercial Purchase and Sales Agreement executed on January 23,2024 between the United City of Yorkville (“Seller”) and Heartland Meadows, LLC (“Purchaser”), petitioner, the following provisions apply: a. The agreement included a “Feasibility Period” and “Platting/Entitlement Period”. The feasibility review deadline was June 23rd making the deadline to submit a petition for entitlement approval by July 23rd. Per the agreement, the purchaser has until January 23, 2025 to obtain entitlements. b. The purchaser must create a business owner’s association in conjunction with the final plat approval providing for cross access easements among the four (4) commercial parking lot which are to be maintained by the Association in proportion to the parking area within the lot lines of each individual lot or combined lot. c. The commercial parcels shall be in substantial conformity with the UDO’s B-3 Zoning District or less intense zoning classifications under the B-1 and B-2 districts. d. The agreement permits the purchaser to lock in the water and sanitary sewer connection fees in effect as of December 1, 2023 for five (5) years following the date of the City Council approval of the Final Plat of the subject property. i. The rate of the water connection for single-family detached residential lots on December 1, 2023 was $5,554; the sanitary sewer connection rate was $2,000. ii. The rate of the water connection for commercial lots on December 1, 2023 is determined on meter size; the sanitary sewer connection rate was $400 per number of drain units. iii. Attached is a sample fee sheet based upon the previously approved PUD agreement and the Commercial Purchase and Sale Agreement. e. The residential lots shall have covenants limited to a 55 year and older active adult community. The lot sizes will conform to bulk, at least to the minimum lot size and setback requirements, used by the purchaser developed for the Heartland Meadows subdivision (see comment #9). f. Signage may be installed on the property at the close of the Feasibility Period provided that any signage shall conform to the UDO regulations. SITE PLAN/FINAL PLAN COMMENTS: 11. R-2 SINGLE-FAMILY TRADITIONAL RESIDENCE BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current R-2 Single-Family Traditional Residence District standards with the proposed Planned Unit Development (PUD) for the residential lots: 6 R-2 Zoning Regulations Approved Heartland Meadows Proposed Heartland Meadows West Min. Lot Area 12,000 sq. ft. 5,000 sq. ft 5,000 sq. ft1 Min. Lot Width 80 feet 50 feet Undetermined Front Yard Setback 30 feet 25 feet 25 feet Rear Yard Setback 40 feet 20 feet 20 feet Side Yard Setback 10 feet 5 feet 5 feet Corner Yard Setback 30 feet 10 feet 10 feet Max. Lot Coverage 45% 22.5% (Entire Development) Max. 65% (Individual Lots) Undetermined Max. Dwelling Height 30 feet 1 story 1 story a. The proposed PUD does not meet the minimum lot area requirement of 12,000 sq. ft. for the R-2 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? b. The proposed PUD does not meet the minimum lot width requirement of 80 ft. for the R-2 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? If so, please provide lot width, measured at the building setback line, for Lots #7, #8, #9, #19 and #20, so that staff may determine the minimum lot width deviation requested. c. Does the petitioner believe the maximum 45% lot coverage for the R-2 District can be met for this development or is a deviation requested for the PUD? 12. B-3 BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current B-3 General Business District standards with the proposed Planned Unit Development (PUD) for the commercial lots: B-3 Zoning Regulations Proposed Heartland Meadows West Min. Lot Area 10,000 sq. ft. ~31,700 sq. ft 2 Front Yard Setback 50 feet 18 feet Rear Yard Setback 20 feet 20 feet Side Yard Setback 20 feet Undetermined Corner Yard Setback 30 feet 30 feet Max. Lot Coverage 80% Undetermined Max. Building Height 80 feet Undetermined a. The proposed PUD does not meet the minimum front yard setback requirement of 50 ft. (assuming Blackberry Shore Lane is the front yard) for the B-3 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? b. For the bulk requirements listed as undetermined, staff asks the petitioner to verify they will or will not meet this standard. 1 Proposed minimum lot area is 5,851 sq. ft. Proposed maximum lot area is 9,220 sq. ft. Proposed average lot area is 7,241 sq. ft. 2 Proposed min. lot area is 31,725 sq. ft. Proposed max. lot area is 44,976 sq. ft. Proposed average lot area is 44,983 sq. ft. 7 13. ACCESS – As proposed, the site has three (3) points of access. Two (2) off of Blackberry Shore Lane for the commercial lots and one (1) off of Northland Lane for the residential lots. The access points off of Blackberry Shore Lane leads to off-street parking lots for the commercial uses. The access off of Northland Lane leads to an unnamed future public roadway ending into two (2) cul-de-sacs. a. Connectivity – It appears the proposed two (2) access points along Blackberry Shore Lane line up with the existing access points to Home Depot in the Kendall Marketplace development to the south. i. It is also noted that there are two (2) access points located at the rear of the commercial lots that connect to the future public roadway. These access points will be used by service vehicles (such as garbage trucks, delivery vehicles, and emergency services). There is no direct through-access from the commercial parking lots to the future public roadway serving the residential parcels. b. Cross Access/Shared Parking – According to Section 10-5-1-F of the Unified Development Ordinance, developments are encouraged to provide cross access between adjacent properties to reduce the number of access points on streets, promote shared parking, and allow vehicular movement between different land uses. Since the proposed commercial lots meet the criteria for shared parking, the developer is required to include cross access easements for the commercial parcels in the Final Plat of Subdivision. 14. PARKING - According to the Preliminary PUD Plan submitted, there are 132 total parking spaces to be provided on the property to accommodate the proposed four (4) commercial outlots as distributed by lot below: LOT # # of Parking Spaces Provided 21 33 22 27 23 26 24 46 TOTAL 132 a. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the lots, for the purposes of off-site parking, as commercial retail/service uses less than 8,000 sq. ft., 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, certain allowed reductions to the required parking may be available once final use type is determined. i. A typical parking stall dimension should be provided on Final Plan. b. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the developer must install the infrastructure to accommodate a minimum of three (3) electric vehicle charging stations is required. 8 c. 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 (planned unit developments), loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. What is the petitioner requesting as a minimum number of off-street loading space for the commercial buildings on the site? 15. 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 site has an existing 10’ wide multi-use pedestrian/walking trail along Blackberry Shore Lane and sidewalk installed along the frontage of Northland Lane. a. Is the petitioner proposing to install sidewalk along Cannonball Trail? 16. DOUBLE FRONTAGE LOTS – Section 10-7-2-D of the Unified Development Ordinance states double frontage and reverse frontage lots shall be avoided, except where necessary to overcome disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists. a. However, double frontage lots are permitted when adjoining a local or collector road and providing Type C Transition Yard landscaping (see comments under Landscape Plan). 17. STREET DESIGN – Per Section 10-7-5-A of the Unified Development Ordinance, cul-de- sacs shall not exceed five hundred (500) feet in length, measured from the entrance to the center of the turn-around. a. The proposed primary cul-de-sac street length is approximately 500 feet, as measured by staff. The petitioner must verify or request deviation from this requirement. The secondary cul-de-sac street length is approximately 200 feet. b. Islands in the center of cul-de-sacs with a minimum radius of fifteen (15) feet shall be required. Islands shall use mountable curbing only that allows vehicular access to the islands. Islands may be planted with vegetation, however, such vegetation shall not exceed four (4) feet at maturity to allow for vision clearance across the cul-de-sac’s diameter. i. The radius of the primary cul-de-sac is 60’, the petitioner must acknowledge if an island is proposed for the primary cul-de-sac or if a deviation is requested. c. Local Residential Street Design shall have a minimum right-of-way width of 66’ and provide the following elements on both sides of the street: sidewalk, parkway, and on-street parking. 18. COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “Parks and Open Space” which is defined typically for a broad range of recreational activity, trails, and green space. However, in some instances, the Comprehensive Plan acknowledges, that open space designation may be reserved until future market demand could support commercial development. Further, the Comprehensive Plan encourages development that meets the needs of the aging population in Yorkville. Additionally, the recently adopted “Elevating Aging-in- Community/Lifecycle Living in Yorkville – A Strategic Guide” recommended the city pursue appropriate and affordable housing to support older residents staying in Yorkville. 9 a. Therefore, staff supports the proposed PUD and its consistency with the proposed underlining residential and commercial land uses as they are consistent with the previously approved Kendall Marketplace Planned Unit Development. PRELIMINARY PLAT OF SUBDIVISION COMMENTS: 19. 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. 20. STREET NAME – Per Section 10-8-6-C-6-c-(10) of the Unified Development Ordinance, the name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. a. Is the petitioner proposing a name for the future dedicated cul-de-sacs? LANDSCAPE PLAN COMMENTS: 21. LANDSCAPING – Section 10-5-3 establishes landscape standards for new developments. a. Per staff’s review, the following sections of the Landscape Plan would apply to the commercial lots: i. Section 10-5-3-C. Building Foundation Landscape Zone – Defer to engineer’s comments. ii. Section 10-5-3-D. Parking Area Perimeter Landscape Zone – Defer to engineer’s comments. iii. Section 10-5-3-E. Parking Area Interior Landscape Zone – Defer to engineer’s comments. 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. 1. The rear of the double-frontage commercial lots shall provide a Type C Transition Yard along the primary cul-de-sac between the commercial and residential land uses as described below: 10 Type A (3) Type B (3) Type C (3) Type D (3) (a)Minimum Zone Width (1)8 feet 10 feet 15 feet 20 feet (b)Minimum Fence/Wall Height (2)optional optional 6 feet 6 feet (c)Understory Tree optional 3 4 5 (d)Canopy/Evergreen Tree 4 3 4 5 (e)Shurbs/Native Grasses optional 15 25 35 (3) Landscaping elements can be arranged to match to natural topography or natural features of the site and may be arranged in groupings to enhance site aesthetics as approved by the Zoning Administrator. (2) Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum height of six (6) feet, as approved by the Zoning Administrator. Table 10-5-3(F)(3) Transition Zone Types Specification Minimum Number of Landscape Elements per 100 Linear Feet Notes: (1) Required yard setbacks may be utilized for transition zone landscape. b. Per staff’s review, the following sections of the Landscape Plan would apply to the residential lots: i. According to Section 10-7-3-B-4-c of the Unified Development Ordinance, a minimum of one (1) canopy tree shall be planted per every 40 linear feet of parkway. ii. Parkway Trees – Section 10-7-3-B-4-c-1 of the Unified Development Ordinance allows for the substitution of up to 25 percent of the street trees to be planted on private property within the subdivision as long as the following is met: 1. The trees are located on the private property within the same subdivision as the parkway trees they will be substituted for. 2. Trees located within front yard of lot 3. The trees provided on the private property are provided in addition to any other landscape requirements. 4. The trees shall meet the planting specifications of Section 10-5-3-A of the Unified Development Ordinance. 5. The trees shall enhance the visual quality of the neighborhood and achieve the same visual effects as trees planted in parkways as 11 proposed by the developer and approved by the Zoning Administrator. iii. Developer shall provide the percentage of parkway trees proposed to be planted on private property for the residential lots. If amount exceeds 25%, a deviation in the PUD is required. 22. SIGNAGE – The petitioner has not provided a signage plan for the Heartland Meadows West development. a. Are monument signs proposed on the commercial and residential lots? i. If so, will they meet Chapter 6 – Sign Standards of the Unified Development Ordinance or will a deviation be needed? ii. Staff recommends a sign sample be presented for the commercial multi- tenant monument signs. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: September 9, 2024 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review: PZC 2024-21 List Project Name: Heartland Meadows West List Applicant Name: Greg Marker List Project Manager: Greg Marker List Project Location: 721 Blackberry Shore Lane, Yorkville, IL Please see comments listed below pertaining to the project referenced above: Signage Handicapped Signage Required: __X__ Yes ____ No **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended __X__ Yes ____ No School Zone Special Signage ____ Yes ____ No Special Speed Zone Signage Requested ____ Yes ____ No Comments: Properly posted speed limit signs should be placed on Northland Lane and Blackberry Shore Lane, along with interior roadways of the development No Parking Signage Required? __X__ Yes ____ No __X__ No Parking After 2” Snow Fall No Parking Locations: Current no parking signs are posted along Northland and Blackberry Shore. These no parking zones should remain the same. Dedicated parking signage needed? ____ Yes __X__ No __X__ Located by Park – This development is located next to a park. Parking is allowed on the park side of the street and already posted. ____ School Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Common Parking Area Are there Street Name Conflicts? ____ Yes __X__ No Comments: Pedestrian/Bike Path Crossing Signage? __X__ Yes ____ No Comments: Proper signage should be included if a bike path will be added to the development. NO Construction Traffic Signage being requested? __X__ Yes ____ No Location: Construction traffic should be kept only to Northland Lane (entrance to development) and Blackberry Shore Lane. Construction traffic should not go into the subdivision. ***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 MUTCD Standards specific to location, size, color, and height levels*** Roadway Street Width: If parking is allowed on both sides of the roadway there needs to be room for vehicular traffic. Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Comments: Northland Lane can be very busy when there are games being played at the ball fields. Careful attention should be paid to signage and landscaping for site line issues. Landscape Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances __X_ Yes ____ No ***Landscaping located near the entrance/exits should include ONLY low growth or ground cover so as to not obstruct site lines*** Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __3__ Are vehicle entrance/exits safe? ____ Yes ____ No Are warning signs for cross traffic requested? __X_ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: __________________________ __________________________ Is this a gated or controlled access development? ____ Yes __X__ No If yes, will police & Fire and Access? ____ Yes ____ No Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? __X__ Yes ____ No Will this cause traffic choke points? __X__ Yes ____ No Comments: Will there be individual, or cluster mailbox kiosks being used? If they will be using cluster mailbox kiosks they should be placed so as not to disrupt the flow of traffic. Are sidewalks being planned for the development? __X__ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are sidewalk crosswalks needed? __X__ Yes ____ No Are there bike paths planned for the subdivision? ____ Yes __X__ No Proper Signage needed for bike paths __X__ Yes ____ No _X_ Stop Signs ____ Yield Signs _X_ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? __X__ Yes ____ No Comments: This is an age restricted HOA. City is responsible for roadways. Who is responsible for re-surfacing and re-striping? This is an age restricted HOA. All streets are maintained and plowed by the City of Yorkville. Security Will security cameras be in use? ____ Yes __X__ No Comments: Cameras can be installed by individual owners. Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: What are the business Hours of Operation? ____________________ Will the property be alarmed? ____ Yes ____ No Comments: Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: Will building floor plans be made available in case of an emergency for law enforcement use? Will a Knox Box be placed on Site? ____ Yes ____ No Location of Knox Box: Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. Dated: December 8, 2023 STATE OF ILLINOIS COUNTY OF KENDALL ) COMMERCIAL PURCHASE AND SALE AGREEMENT THIS COMMERCIAL PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into this a3"'d day of Ja hU q n 4 2024 (the "Effective Date"), which shall be the date the last party executes this Agreement), by and between THE UNITED CITY OF YORKVILLE, ("SELLER") and HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY or Its Assignee to an Authorized Legal Entity to be created by PURCHASER ("PURCHASER"). SELLER and PURCHASER are sometimes collectively referred to as the "Parties." RECITALS : A. SELLER is the owner of certain real property located in the United City of Yorkville, Sections 17 and 20 of Bristol Township ( "Township"), Kendall County, Illinois,.as depicted in the attached legal description as Exhibit "A" approximately Eight Point Three 8.3)gross surveyed acres more or less of real property and identified as PIN:_02-20-351-006 as more accurately described in the legal description to be provided by survey and to be attached hereto as Exhibit "B" upon Agreement of SELLER'S and PURCHASER'S Counsel. The parcel of Real Property being sold herein is referred to as the "Subject Parcel" SELLER has agreed to sell that portion of the Subject Parcel exclusive of the trail along the southern border of the Subject Parcel, the remaining portion of the Subject Parcel hereinafter referred to as the"Subject Property" as depicted in the attached Heartland Meadows West Conceptual Site Plas as set out in the attached Exhibit "C" incorporated herein by reference to PURCHASER for the sum of Four Hundred Five Thousand Dollars ($405,000.00)the"Purchase Price". THEREFORE, in consideration of the mutual covenants and the undertakings described in this Agreement, and other good and valuable consideration, the receipt and adequacy thereof being expressly acknowledged, the Parties agree as follows: 1.Amement to Sell. SELLER agrees to sell, transfer and convey the Subject Property as set forth in paragraphs A and B above in exchange for the Purchase Price at Closing is set forth in paragraphs A and B above hereof and shall be paid at the Closing in wired funds. Initials 1 2. Earnest Money Deposit. On or prior to the seventh (7'h) business day after the Effective Date, PURCHASER shall make a deposit in the form of Cashier's check from PURCHASER, in the amount of Twenty Five Thousand Dollars ($25,000.00) ("Earnest Money Deposit") to Chicago Title Company, Yorkville, Illinois office ("Title Insurer"), which shall be held in Strict Joint Order ("SJO") escrow by the Title Insurer. Upon expiration of the Platting/Entitlement Period (defined in Section 8 ), provided PURCHASER has not terminated this Agreement as permitted herein, and Seller has not otherwise defaulted and failed to cure its default,the Earnest Money Deposit shall become non-refundable and applicable as a credit against the Purchase Price. 3. (a) Due Diligence Materials. Within Fourteen (14) Business days from the Effective Date, SELLER shall, at SELLER's expense, provide PURCHASER a copy of all documents relating to the Subject Property that are in the possession of SELLER, its agents, attorney and consultants including, but not limited to, any reports, investigations, studies, plans or documents pertaining to the Subject Property in SELLER's possession (the "Due Diligence Period"). b) Site Access. PURCHASER shall be granted reasonable access to the Subject Property during the term of the Agreement to obtain soil tests, engineering studies, environmental (hazardous waste) study, and archeological study. Copies of all reports shall be provided to SELLER within Thirty(30)business days of receipt by PURCHASER of each report. Prior to entry of PURCHASER or its agents, employees, or subcontractors on the Subject Property, PURCHASER shall provide SELLER or SELLER's Attorney a Certificate of Insurance for at least One Million Dollar 1,000,000.00) Liability Insurance naming SELLER as a party insured for Liability purposes in regard to any onsite testing or investigations. 4.Evidence of Title. Within Fourteen (14) Business days from the Effective Date, SELLER shall deliver to PURCHASER a commitment for a Chicago Title ALTA Owner's Title Insurance Policy ( "Commitment"), issued by the Title Insurer in an amount equal to the Purchase Price, naming PURCHASER as the proposed insured and identifying the condition of title to the Subject Property, together with legible copies of all the instruments and documents referenced in the Commitment and all Schedule B documents and including but not limited to all easements which are appurtenant to or burden the Subject Property. 5.Survey. SELLER shall provide PURCHASER with a Current ALTA Extended Coverage Survey within 30 business days of SELER'S written acceptance of this Agreement. The ALTA Survey to be made in accordance and in compliance with the most current ALTA/ ASCM Urban Land Survey Standards and containing Table A Option Numbers 1,2,3,4,6, 7(a), 7(b), 7(c), 8, 9, 10, 11, 11(a), 1 I(b), 13, 14, 15 and 16 ("New Survey"). The New Survey shall be sufficient to cause the Title Company to delete the standard printed survey exception and to issue an owner's title policy free from any survey objections other than the Permitted Exceptions. The certification on the Survey shall run to the benefit of the PURCHASER,Title Company,PURCHASER's Lender and SELLER. 6.Permitted Exceptions. PURCHASER shall have twenty-one days (21) from receipt of the ALTA Survey and the Commitment, including all Schedule documents referenced I Initials 2 therein("Title Review Period")to review the Survey,the Commitment and all instruments and documents referenced in the Commitment.Permitted Exceptions shall include a limitation on the permitted commercial uses of any portion of the Subject Property as mutually agreed by the Seller and Purchaser and a covenant permitting use of the area of the Subject Property designated for parking for activities in the adjoining park area so long as such use does not interfere with the hours of operation of any business located at the Subject Property. Prior to expiration of the Title Review Period,PURCHASER or PURCHASER's attorney may deliver to SELLER a written objection as to item(s)identified(or which the Title Insurer or surveyor failed to identify) in the Commitment("PURCHASER's Objection Letter "), SELLER shall have five (5) days from its receipt of PURCHASER's Objection Letter to notify PURCHASER by written notice( "SELLER Objection Response ") as to whether or not SELLER has elected either (i) to cure any title defects or unpermitted exceptions identified in PURCHASER's Title Notice,or(ii)to cause the Title Insurer to insure the title defects or unpermitted exceptions identified in PURCHASER's Objection Letter in a manner satisfactory to PURCHASER. Any items not raised in PURCHASER's Objection Letter shall be deemed Permitted Exceptions."If Seller elects,not to cure any matter objected to in the PURCHASER's Objection Letter,then PURCHASER shall have five(5)business days thereafter to notify SELLER by written notice an "PURCHASER's Title Waiver Notice")as to whether PURCHASER has elected either(i)to waive its objection or objections to the matter or matters not being cured by SELLER, without reduction of the Purchase Price,or(ii)to terminate this Agreement,in which event the Initial Deposit(which has not yet been applied as no closing shall have occurred)shall be promptly returned to PURCHASER. If PURCHASER fails to deliver PURCHASER's Title Waiver Notice,such failure shall be deemed a waiver of such objections and such exceptions shall become Permitted Exceptions. 7.Feasibility Period PURCHASER may terminate this Agreement without fault if it is unable to obtain Zoning, Preliminary Platting approval, and Final Plat Approval within the Platting/Entitlement Period granted herein under Paragraph 3-8 of this Agreement. In the event PURCHASER is able to obtain Zoning and Final Plat Approval granting Entitlements by the United City of Yorkville in order to allow development of the Subject Property in substantial conformity with the Conceptual Site Plan of PURCHASER, incorporated herein as Exhibit "C" as requested for the Subject Property, PURCHASER shall be irrevocably required to purchase the Subject Property. PURCHASER shall use its best efforts to seek approval of its entitlement requests with the United City of Yorkville.Commencing on the Effective Date through the date five (5) months after the Effective Date ("Feasibility Period") the PURCHASER shall be entitled to satisfy itself in its sole discretion, that the Property may be used for PURCHASER's intended purpose,including without limitation, PURCHASER's right to reasonable access to the Property for the purpose of inspecting the physical condition of the Property and obtaining all required third party zoning, Preliminary and Final Platting approval and governmental permits and approvals from any applicable governmental body including but not limited to the United City of Yorkville,Yorkville School District,County of Kendall Stormwater Department,Bristol-Kendall Fire Department,and Illinois EPA. 8.Platting/Entitlement Period. PURCHASER shall file a Petition for Zoning& Site Plan Approval of Preliminary Engineering and a Preliminary Plat, solely at PURCHASER's expense, within thirty(30)days after the expiration of the FeasibilityPeriod,then PURCHASER shall thereafter have one hundred eighty (180) days (the "Platting/Entitlement Period") to obtain approval of Zoning, Final Engineering and a Final Plat of Subdivision from the United City of Yorkville for development of the Subject Property with the following conditions: Initials 60 / 3 A. That the Site Plan shall permit the development of up to 4 separate lots for commercial purposes as set out in the attached Exhibit "C". The individual parking lots to be maintained by the Association of the 4 lots in proportion to the parking area within the lot lines of each individual, or combined lot. To conform to that request,PURCHASER shall create a Business Owner's Association in conjunction with Final Plat Approval providing for Cross Access Easements to each of the commercial areas, and cross parking agreements for the benefit of the 4 commercial lots. B. That the Zoning Class attributable to the commercial area shall be in substantial conformity with the United City of Yorkville B-3 Zoning District in order to permit building of office buildings, restaurants, or any other permitted or Special Use within the B-3 Zoning Classification or the less intense zoning classifications under the United City of Yorkville Unified Development Ordinance for 13-1 and B-2 purposes. The parties hereto acknowledge that the original Subdivision was planned and engineered for development with substantially the same lot coverage proposed in Exhibit "C" and that no additional detention or retention requirements other than connecting to current out lot storm ponds and current storm sewer installation to which the United City of Yorkville can grant access to Purchaser shall be required for development of the commercial or residential proposed on Exhibit "C"hereto. C. The parties agree that the City shall lock current existing City water and sanitary sewer connection tap on fees as are in effect as of December 1, 2023 for five (5) years following the date of City Council approval of the final plat of the Subject Property as outlined in Exhibit "C". D. That the residential proposed lots in the attached Exhibit "C" will be governed by Covenants and a Planned Unit Development Agreement limited to a 55 year and older active adult community. The lot sizes will conform at least to the minimum lot size and setback requirements that PURCHASER has used in a related Development that has been partially built out in the United City of Yorkville and known as Heartland Meadows. PURCHASER may terminate this Agreement if it is unable to obtain Zoning Approvals within the Platting/Entitlement Period, by providing SELLER with written notice of termination on or before the expiration of the Platting/Entitlement Period, in which event the Earnest Money shall be released to PURCHASER and the parties shall have no further rights or obligations under this Agreement, with the exception of any surviving obligations of either party hereunder this Agreement, including but not limited to PURCHASER's restoration and indemnity obligations, which shall survive. If PURCHASER does not provide SELLER with written notice of termination on or before the expiration of the Feasibility Period. If PURCHASER is satisfied with the Subject Property, it will deliver its Notice of Suitability ("NOS")prior to the expiration of the Feasibility Period. Initials 4 PURCHASER will also have the Platting Entitlement Period to commence and pursue all approvals from the United City of Yorkville and any other applicable authorities which are necessary to construct PURCHASER's intended improvements. PURCHASER's obligation to purchase the land is contingent upon receiving Final Site Plan/Final Plat approval from the United City of Yorkville along with zoning approvals including, without limitation, rezoning and/or re-platting of the Subject Property (if necessary), site plan approvals, fee verification, public financing assistance including, without limitation, department of transportation approvals, and applicable wetland/floodplain authority approvals. In the event that PURCHASER does not proceed with the purchase of either parcel, PURCHASER shall tender to SELLER at no cost all surveys,topography, environmental studies,drawings,evaluations of any kind and government agency reports of any kind obtained by PURCHASER during the Feasibility Period or platting entitlement period other than proprietary financial information at no cost. Closing to occur within ninety (90) days after receipt of the final site plan approval, Final Engineering and Final Plat approval. 9. Conditions to Closing.Without limiting any of the other conditions to the Closing, the obligations of PURCHASER at closing under this Agreement is subject to the satisfaction of the following conditions ("Closing Conditions") as of the Closing Date any of which may be waived by PURCHASER: A. All of the representations and warranties made by SELLER set forth in this Agreement shall be true and correct in all material respects when made. SELLER shall recertify its representations and warranties as of each Closing Date. B. SELLER shall have performed,observed and complied in all material respects with all covenants and agreements required by this Agreement to be performed by SELLER at or prior to such Closing including,without limitation,delivery of all of documents required to be delivered at Closing by SELLER. 10. Closing Deliveries. At Closing the Parties shall execute the following documents and take the following actions: A. Payment of Purchase Price. PURCHASER shall pay to SELLER the Purchase Price for the Subject Property plus or minus applicable adjustments and prorations under this Agreement. B. Warranty Deed. SELLER shall deliver to PURCHASER a fully executed and recordable warranty deed for the Property to be purchased at Closing, conveying title to the Subject Property, subject only to the Permitted Exceptions including items set forth in Paragraph 6, the applicable City Zoning Ordinance and encumbrances that have accrued due to the acts or omissions of PURCHASER. The warranty deed shall be accompanied by an Illinois real estate transfer tax valuation affidavit ("PTAX-203"), as the purchase price is not to be reflected on the warranty deed. SELLER shall be responsible for preparation of the PTAX-203, the accuracy of all information contained therein and any supplements thereto that may be required. SELLER shall indemnify, defend and hold harmless PURCHASER from and against any and all claims, liabilities, losses, causes of action, damages, costs or expenses including court costs and reasonable attorney fees incurred by PURCHASER as Initials 5 a result of any failure to pay or accurately report Illinois real estate transfer taxes due as a result of PURCHASER's purchase of the Subject Property. The Parties acknowledge that No Revenue Stamps shall be required to be obtained or paid for by either Party since a sale from a Governmental Entity is Exempt under Illinois Compiled Statutes 200/31-45(b). C. Non-Foreign Person Affidavit. SELLER shall furnish to PURCHASER with an affidavit stating that SELLER is not a "foreign person" within the meaning of IRC Section 1445(f) 3), as amended. D. Closing Statement. SELLER and PURCHASER shall execute a closing statement showing the Purchase Price for the real property being acquired at Closing together with all prorations, adjustments and credits, if any, as required under this Agreement. SELLER shall pay for the Owner's Policy. PURCHASER shall pay for recording of the deed and mortgage and the costs of any title endorsements requested by PURCHASER, including any lender's title policy. Title Company closing fees, including any escrow fee, shall be split evenly between the Parties. There is no municipal transfer tax to be paid at a Closing. E. Title Insurance Policy. SELLER shall order and pay for, and Chicago Title Insurance Company shall be prepared to issue, an owner's policy of title insurance subject only to the Permitted Exceptions in an amount equal to the Purchase Price (with extended coverage) with respect to the applicable Property to be purchased at Closing and provide to the Title Company such documents that may reasonably be requested by the Title Company to satisfy any of the Schedule B requirements applicable to SELLER. PURCHASER shall be responsible to pay the cost of any title company endorsements excluding extended coverage that PURCHASER requests or requires; or that are required by PURCHASER's Lender, if any. F. Affidavit of Title. The SELLER shall execute a standard "Affidavit of Title." G. certificate stating that no financing statements executed by or on behalf of Seller have been filed against the Premises since the date of the most recent UCC searches delivered by Seller to Buyer hereunder; H. evidence of any notices, reports or registrations received from or delivered to the Illinois State Fire Marshall under any regulations for Underground Storage Tanks and/or any other federal, state or local health and safety regulations; I. Further Assurances. The parties shall execute such additional documents and instruments and take such further actions as may be reasonably requested by either party or necessary to complete the purchase and sale of the real property at each Takedown in accordance with this Agreement. 11. Real Estate Tax Prorations . Real Estate taxes shall be prorated at 105% of the last year's tax bill if any. 12. Possession. At closing, SELLER shall deliver to PURCHASER exclusive physical possession of the real property that is acquired by PURCHASER, free and clear of any rights or claims of possession by SELLER or any third party. Initials 6(K / 6 13. Permits, Fees; Plans and Elevations: PURCHASER shall pay any zoning application fees, studies, or engineering drawings with regard to the development Property. PURCHASER shall hold SELLER harmless form payment for any fees or costs for entitlement and permitting matters with respect to the Subject Property which result from or are based on any such zoning or entitlement requests by or approvals obtained by Purchaser. SELLER hereby consents to the right of PURCHASER to file for any necessary Zoning/Platting/Review Requirements as a Contract Purchaser once SELLER executes its acceptance of this Contract in writing. 14. SELLER's Representations, Warranties and Covenants. SELLER represents, warrants and covenants to PURCHASER the following: A. Power and Capacity. SELLER has the full power, capacity and legal right to execute and deliver this Agreement and sell the Subject Property to PURCHASER pursuant to the terms of this Agreement. The execution, delivery and performance of this Agreement and the obligations undertaken by SELLER under this Agreement have been duly authorized by all necessary action, and this Agreement has been executed by a duly authorized representative of SELLER and constitutes a valid and binding obligation of SELLER, enforceable in accordance with its terms. At all times during the term of this Agreement, SELLER shall not transfer any portion of the Subject Property or grant or permit any easements, liens, mortgages encumbrances or other interests with respect to the Real property without PURCHASER's prior written consent. B. Contractual Obligations. The execution and delivery of this Agreement, and the performance by SELLER of any and all transactions contemplated by this Agreement, will not breach any contractual covenant or restriction between SELLER and any third-party affecting the real property. C. Condemnation Proceedings: Special Assessments. SELLER has neither received written notice nor has actual knowledge of any condemnation or eminent domain proceeding regarding any of the Subject Property and has not entered into any negotiations for the disposition of any of the Subject Property in lieu of the commencement of condemnation or eminent domain proceedings and,to SELLER's actual knowledge,without duty of inquiry,there are no proceedings pending before any governmental agency to impose a special assessment or other public authority charge against all or any of the Real property. D. Litigation. There is no pending or, to the best of SELLER's actual knowledge, threatened litigation, administrative action or examination, claim or demand relating to the Real property, or any pending or threatened exercise of the power of eminent domain, condemnation proceeding or other, governmental taking with respect to all or any part of the real property. No notice of default under laws, ordinances, rules and regulations of any governmental authority having jurisdiction over the real property, or any like agreement, has been issued or threatened to SELLER. E. Condition of the Property.PURCHASER acknowledges that the Subject Property is being purchased in an "AS IS" condition and SELLER is not making any representation as to the condition of the Property; except as previously stated herei Initials 7 F. Existing Due Diligence Materials. The Existing Due Diligence Materials are all of the surveys, plats, agreements, declarations, ordinances, soil reports, notices, environmental studies or other report prepared for SELLER that SELLER has in its possession or control. To the best of SELLER's knowledge, the Existing Due Diligence Materials are copies of the original documents in the SELLER's possession. G. Environmental. To the best of SELLER's knowledge, no hazardous substances are located on or have been stored,generated,used,processed or disposed of on or released or discharged from(including ground water contamination)the Real property or the Subject Property,and no above ground or underground storage tanks exist on or have been removed from, the Subject Property. Anything in this Agreement to the contrary notwithstanding, it is expressly understood and agreed that PURCHASER does not assume or agree to be responsible for, and SELLER hereby agrees to defend, indemnify and hold PURCHASER harmless from and against any and all claims,obligations and liabilities and all costs, expenses and attorney's fees incurred based upon or arising out of any obligation, liability, loss, damage or expense, of whatever kind or nature, contingent or otherwise, known or unknown, incurred under,or imposed by, any environmental laws with respect to a Subject Property prior to the Closing and the Subject Property. SELLER's obligation to indemnify PURCHASER with respect to environmental matters shall expressly survive termination of this Agreement in accordance with Section 24 of this Agreement. H. The Subject Property is currently tax exempt and no action has occurred to alter the tax exempt status. I. To the best of SELLER's knowledge and SELLER has received no Notices Ordinances or other notifications of any obligations in connection with the Subject Property or any so-called "recapture agreement" involving refund for sewer extension, over sizing utility lines, lighting, roadway or like expense or charge for work or services done upon or relating to the Subject Property which will bind PURCHASER or the Premises from and after the Closing Date. J. All United City of Yorkville Service Contracts,management contracts, and leases with respect to the Property shall be terminated at or prior to closing. 15. PURCHASER's Representations, Warranties and Covenants. PURCHASER represents, warrants and covenants to SELLER as follows: A. Due Organization. PURCHASER is a legal entity duly organized and in good standing under the laws of the State of Illinois. B. Power and Capacity. PURCHASER has the full power, capacity, authority and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement. C. Due Authorization. This Agreement has been duly authorized, executed and delivered by PURCHASER and constitutes the legal, valid and binding obligation of Initials NA / 8 PURCHASER, enforceable in accordance with its terms. Prior to Closing, any and all documents required by this Agreement to be executed and delivered by PURCHASER shall have been duly authorized, executed and delivered by PURCHASER, and all such documents shall contain legal, valid and binding obligations of PURCHASER enforceable in accordance with their terms. 16. Signage. Signage mutually acceptable to SELLER and PURCHASER may be erected at PURCHASER's expense on the Subject Property. SELLER agrees to allow signage to be installed at the close of Feasibility Period provided that any such signage shall be in conformity with any applicable United City of Yorkville Unified Development Ordinance. 17. Real Estate Commission. The Parties hereto acknowledge that NO Real Estate Brokerage Commission or Property Manager payment is due to any Third Party that arises out of this transaction. 18. Condemnation. In the event that notice of any action, suit or proceeding shall be given for the purpose of condemning all or any portion of the Subject Property prior to the date such real property has been conveyed to PURCHASER, then PURCHASER's rights and obligations under this Agreement with respect to such real property shall terminate, and the proceeds resulting from the condemnation shall be paid to SELLER. 19. Default. A.PURCHASER Default. If PURCHASER fails to purchase the Subject Property according to the terms of this Agreement, the SELLER shall provide PURCHASER written notice of said default("SELLER Default Notice").PURCHASER shall have thirty(30)days from its receipt of the SELLER Default Notice ("Cure Period") to cure or to substantially commence a cure of the default(s) identified in the SELLER Default Notice. SELLER shall have the right to terminate this Agreement if PURCHASER fails to cure or substantially commence a cure of the default identified in the SELLER Default Notice during the Cure Period. In the event of the termination of this Agreement, SELLER shall retain the any earnest money being held by Title Insurer at the time of such respective default by PURCHASER. Retention of the earnest money shall be deemed liquidated damages as SELLER'S sole and exclusive remedy that Parties agree that the damages suffered by SELLER would be speculative and difficult to ascertain and not a penalty, and the Parties shall have no further rights or obligations under this Agreement, with the exception of obligations which expressly survive termination. B.SELLER Default. If SELLER defaults in the performance of its obligations under this Agreement, and such default is not cured or SELLER has not substantially commenced a cure within thirty(30)days from SELLER's receipt of written notice from PURCHASER, PURCHASER may at Its discretion either (i) terminate this Agreement by written notice to SELLER, in which event the Earnest Money shall be returned to PURCHASER; or commence an action under Illinois law to specifically enforce this Agreement Thereafter neither party shall have any further claims or obligations hereunder, except such obligations as are herein expressly made to survive such termination; or(ii) seek specific performance of this Agreement. 20. No Joint Venture. (a) Neither Party is the agent,partner or joint venture partner of the other; neither Party has any obligation to the other except as pecified in this Agreement. Initials 1 9 21. Non-Waiver. The failure of either Party to complain of any act or omission on the part of the other Party, no matter how long it may continue, shall not be deemed to be a waiver by any Party to any of its rights hereunder except as expressly provided for in this Agreement. 22. Third Party Rights. No Party other than SELLER and PURCHASER and their successors and assigns, shall have any right to enforce or rely upon this Agreement, which is binding upon and made solely for the benefit of SELLER and PURCHASER, and their respective successors or assigns, and not for the benefit of any other Party. 23. Survival. The representations, warranties and covenants contained in this Agreement shall survive a Takedown with respect to such Property acquired in each respective Takedown for a twelve (12) month period thereafter and shall not merge upon the delivery of the warranty deed for the Property. 24. Time. TIME IS OF THE ESSENCE OF ANY AND ALL UNDERTAKINGS AND AGREEMENTS OF THE PARTIES HERETO. 25. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall be either (i) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier, (ii) sent by email, in which case notice shall be deemed delivered upon transmission of such notice, or (iii) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. A party's address may be changed by written notice to the other parry;provided,however, that no notice of a change of address shall be effective until two (2) Business Days following actual receipt of such notice. The Parties agree that the attorney for each respective party has the authority to send and receive notices on behalf of such party. If To SELLER: United City of Yorkville Attn: 651 Prairie Pointe Drive Yorkville, IL 60560 Telephone: 630-553-4350 E-mail: With a copy to:Attorney Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 0:312-382-2113, C: 708-267-6244 11,i,( r l;ottosenlaw.com If To PURCHASER: Heartland Meadows, LLC, An Illinois Limited Liability Company 608 E. Veterans Parkway Yorkville, Illinois 60560 Telephone: 630-553-3322 Email No:7r L rr u tt Initials 10 With a copy to:Daniel Kramer The Law Office of Dan Kramer 1107A South Bridge Street Yorkville, IL. 60560 Telephone: 630-553-9500 Email: dkramcr("cudankrartierlaw.coni Any party to this Agreement may at any time change the address for notices to that party by giving notice in this manner. 26. Days. Whenever this Agreement requires that something be done within a specified period of days, that period shall (i) not include the day from which the period commences, (ii) include the day upon which the period expires, (iii) expire at 6:00 p.m., local time in the jurisdiction in the where the Property is located on the day upon which the period expires, and (iv) unless otherwise specified in this Agreement,be construed to mean calendar days;provided,that if the final day of the period falls on a Saturday, Sunday or legal holidays,which shall include but not be limited to December 24, 25 and January 1, the period shall extend to the first business day thereafter. As used in this Agreement, "business day" means each day of the year other than Saturdays, Sundays, legal holidays and days on which national banks in the location where the Subject Property is located are generally authorized or obligated by law to close. 27. Severability.If one(1)or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained within the body of this Agreement. 28. Entire Agreement, This Agreement embodies the entire understanding between the Parties with respect to the transaction contemplated herein and all prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded by and merged into this Agreement. Neither this Agreement nor any of its provisions may be waived,modified or amended except by an instrument in writing signed by the party against which enforcement is sought, and then only to the extent set forth in that instrument. 29. Governing Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Illinois. Kendall County shall be the agreed venue for any action with respect to the subject matter hereof. 30. Captions; Agreement Preparation. Captions to paragraphs and sections of this Agreement have been included solely for the sake of convenient reference and are entirely without substantive effect. Each of the Parties has joined in and contributed to drafting this Agreement, and the Parties agree that there shall be no presumption favoring or burdening any one or more Parties based upon draftsmanship. 31, Successors and Assigns. Either party shall be entitled to assign its rights or obligations under this Agreement without the consent of the other arty so long as such assignment is to entity which is controlled or is a parent entity exercising c pl over such party. Any other Initials 11 assignment shall require the consent of the other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding upon, and its benefits shall inure to, the Parties hereto and their respective heirs, personal representatives, successors and assigns. 32. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. For purposes of this Agreement, a facsimile signature or electronic copy of a signature shall be deemed the same as an original. 33. Confidentiality. Except to the extent that either party needs to disclose financial terms of this agreement to professionals bound by privileged to their respective client or a Lender, the parties shall keep all financial and closing terms of this Agreement confidential between they and their retained experts. 34. Illinois Bulk Sales. SELLER warrants to PURCHASER that it has no obligation to comply with the Illinois Bulk Sale Act in that the subject Real Estate Sale does not comprise a significant portion of the SELLER's real property; or result in a transfer of SELLER's Business. 35. Time. SELLER and PURCHASER agree that time is of the essence and that failure of either party to strictly comply with the time limitations contained herein shall be considered as a default unless provided otherwise herein or unless expressly waived in writing by agreement of the non-defaulting party. 36. Counterpart/PDF Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Further this Agreement may be executed by PDF attached to email transmission and such PDF signatures shall be valid and binding for all purposes when transmitted to the other party. Notwithstanding the foregoing, each party signing by PDF agrees to provide the other with an original signature hereon within two (2)business days of its execution of this Agreement. Initials J 12 Signature Page Follows Initials 13 THIS AGREEMENT has been executed by the SELLER hereto on the date set forth below. SELLER" United City of Y 11 By. Mayor Attest: Si t Clerk Dated: Initials 14 THIS AGREEMENT has been executed by the PURCHASER hereto on the date set forth below. PURCHASER" HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY By: A--., Its:Agent Dated: • Initials 15 Initials 16 Exhibit"A" Legal Description Lot 22 in Kendall Marketplace,being a Subdivision of part of the Southeast Quarter of Section 19, the South Half of Section 20, and the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois. PIN: Part of 02-20-351-002 Address: Part of the land located at the Northwest Corner of Route 34 and Cannonball Drive, Yorkville, Illinois. Initials 17 Heartland ;- .eadows 4 R 51710 I 1 f3 14 15 , 18 2 1 1 E11112 i 20 41 i i b1Yl Y/1a D'Ol4M4j 1 24 23 n 11 BLACKBERRY SHORE LANE r 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: 7710676 Purchase Order: State of Illinois - Kendall Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 10/18/2024, and the last publication of the notice was made in the newspaper dated and published on 10/18/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Oct 18, 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 19th Day of October, 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 #11 Tracking Number CC 2021-04 City Buildings Updates City Council – December 10, 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 #12 Tracking Number CC 2021-38 Water Study Update City Council – December 10, 2024 None Informational Bart Olson Administration Name Department