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City Council Packet 2025 07-22-05
AGENDA CITY COUNCIL MEETING Tuesday, July 22, 2025 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 Rusty Corneils Dan Transier Craig Soling Matt Marek Rusty Hyett Establishment of Quorum: Amendments to Agenda: Presentations: 1. Yorkville Police Department Illinois Enforcement Accreditation Program (ILEAP) Award 2. Yorkville Police Department Distinguished Service Awards: Detective Johnson, Detective Ketchmark, Detective/School Resource Officer Goldsmith, Trooper Enk, Detective Sergeant Nelson, and Deputy Chief Mikolasek 3. Parks and Recreation Department – Recognition of July 4th Volunteers Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – June 24, 2025 2. Bill Payments for Approval $ 11,481.80 (vendors – FY 25) $ 3,303,372.14 (vendors – FY 26) $ 448,860.25 (payroll period ending 07/03/25) $ 3,763,714.19 (total) 3. PW 2025-66 Resolution Approving a Pipe Line Crossing License Agreement with Illinois Railway LLC (East Alley Water Main Replacement Project) – authorize the Mayor and City Clerk to execute 4. PW 2025-67 Resolution Approving Pipe Line Crossing License Agreements with Illinois Railway LLC (2025 Water Main Replacement Project) – authorize the Mayor and City Clerk to execute 5. ADM 2025-24 Treasurer’s Reports for May and June 2025 United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda July 22, 2025 Page 2 Mayor’s Report: 1. CC 2025-54 Appointment of FOIA Officer – John Burner 2. CC 2025-55 Resolution Authorizing a Representative to Sign Loan Application and Documents Pertaining to the Public Water Supply Loan Program 3. CC 2025-56 Illinois Public Library and Yorkville Public Library Annual Reports Public Works Committee Report: 1. PW 2025-65 Resolution Approving a Change Order to a Contract to Construct a 1,500,000 Gallon Standpipe and Water Main 2. PW 2025-68 Resolution Authorizing the Purchase of a Sewer Vac Truck 3. PW 2025-69 Cannonball Estates SSA Plan Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. ADM 2025-27 Resolution Approving the Bid and Purchase of Computers, Docking Stations, and Monitors Park Board: Planning and Zoning Commission: 1. PZC 2025-07 Project Steel – Prologis (Data Center) – Discussion 2. PZC 2025-08 & EDC 2025-50 Project Cardinal – Pioneer (Data Center) – Discussion a. Ordinance Approving a Planned Unit Development Agreement with Pioneer Development, LLC b. Ordinance Authorizing the Execution of an Annexation Agreement for Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street c. Ordinance Approving the Rezoning to the M-2 General Manufacturing Zoning District of Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street (State Route 47) d. Ordinance Annexing Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street to the United City of Yorkville 3. PZC 2025-10 & EDC 2025-52 Ordinance Approving the Final Plat of Subdivisions for Heartland Meadows West 4. PZC 2025-11 & EDC 2025-53 Ordinance Approving the Final Plat of Subdivisions for Fox Haven Subdivision City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: City Council Agenda July 22, 2025 Page 3 Mayor’s Report (cont’d): 4. CC 2025-08 Public Works and Parks Department Facility Update 5. CC 2025-09 Lake Michigan Water Project Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: August 20, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Corneils Finance Library Vice-Chairman: Alderman Marek Administration Committee: Alderman Koch Committee: Alderman Funkhouser ECONOMIC DEVELOPMENT: August 5, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Koch Community Development Planning & Zoning Commission Vice-Chairman: Alderman Plocher Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Marek Committee: Alderman Hyett PUBLIC SAFETY: September 4, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Funkhouser Police School District Vice-Chairman: Alderman Transier Committee: Alderman Soling Committee: Alderman Hyett PUBLIC WORKS: August 19, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Soling Public Works Park Board Vice-Chairman: Alderman Corneils Engineering YBSD Committee: Alderman Transier Parks and Recreation Committee: Alderman Plocher UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, July 22, 2025 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Yorkville Police Department Illinois Enforcement Accreditation Program (ILEAP) Award 2. Yorkville Police Department Distinguished Service Awards: Detective Johnson, Detective Ketchmark, Detective/School Resource Officer Goldsmith, Trooper Enk, Detective Sergeant Nelson, and Deputy Chief Mikolasek 3. Parks and Recreation Department – Recognition of July 4th Volunteers ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – June 24, 2025 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2025-66 Resolution Approving a Pipe Line Crossing License Agreement with Illinois Railway LLC (East Alley Water Main Replacement Project) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2025-67 Resolution Approving Pipe Line Crossing License Agreements with Illinois Railway LLC (2025 Water Main Replacement Project) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2025-24 Treasurer’s Reports for May and June 2025 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2025-54 Appointment of FOIA Officer – John Burner □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2025-55 Resolution Authorizing a Representative to Sign Loan Application and Documents Pertaining to the Public Water Supply Loan Program □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2025-56 Illinois Public Library and Yorkville Public Library Annual Reports □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2025-65 Resolution Approving a Change Order to a Contract to Construct a 1,500,000 Gallon Standpipe and Water Main □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2025-68 Resolution Authorizing the Purchase of a Sewer Vac Truck □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2025-69 Cannonball Estates SSA Plan □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2025-27 Resolution Approving the Bid and Purchase of Computers, Docking Stations, and Monitors □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2025-07 Project Steel – Prologis (Data Center) – Discussion □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PZC 2024-08 & EDC 2025-50 Project Cardinal – Pioneer (Data Center) – Discussion a. Ordinance Approving a Planned Unit Development Agreement with Pioneer Development, LLC b. Ordinance Authorizing the Execution of an Annexation Agreement for Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street c. Ordinance Approving the Rezoning to the M-2 General Manufacturing Zoning District of Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street (State Route 47) d. Ordinance Annexing Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street to the United City of Yorkville □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PZC 2025-10 & EDC 2025-52 Ordinance Approving the Final Plat of Subdivisions for Heartland Meadows West □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PZC 2025-11 & EDC 2025-53 Ordinance Approving the Final Plat of Subdivisions for Fox Haven Subdivision □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2025-08 Public Works and Parks Department Facility Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2025-09 Lake Michigan Water Project 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 Presentation #1 Tracking Number Yorkville Police Dept. Illinois Enforcement Accreditation Program (ILEAP) Award City Council – July 22, 2025 A presentation will take place. James Jensen Chief of Police 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: A Distinguished Service Award will be presented to Detective Johnson, Detective Ketchmark, Detective/School Resource Officer Goldsmith, Trooper Enk, Detective Sergeant Nelson, and Deputy Chief Mikolasek. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Presentation #2 Tracking Number Distinguished Service Award Presentation City Council – July 22, 2025 A presentation will take place. James Jensen Chief of Police 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 Presentation #3 Tracking Number Parks and Recreation Department – Recognition of July 4th Volunteers City Council – July 22, 2025 A presentation will take place. Tim Evans Parks and Recreation 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 Consent Agenda #1 Tracking Number Minutes of the Regular City Council – June 24, 2025 City Council – July 22, 2025 Majority Approval Approval of Minutes Jori Behland Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, JUNE 24, 2025 Mayor Purcell called the meeting to order at 7:02 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Absent Ward II Plocher Present Soling Present Ward III Funkhouser Present Marek Present (electronic attendance) Ward IV Corneils Present Hyett Present (electronic attendance) Staff in attendance at City Hall: City Clerk Behland, Chief Jensen, Attorney Orr, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Parks and Recreation Director Evans, Assistant City Administrator Willrett, Economic Development Coordinator Gregory, Economic Development Director Dubajic Kellogg, EEI Engineer Sanderson, and Superintendent of Parks Scott Sleezer. Staff in attendance electronically: City Administrator Olson and Finance Director Fredrickson. 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/83358169051?pwd=cxqjyfVJA71KGCMOyo3FaKoFYVptNt.1. The Zoom meeting ID was 833 5816 9051. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Purcell has requested that Item #3 on the consent agenda, Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2025 Stormwater Basin Inspections), be moved to the regular agenda under Public Works Committee Report. PRESENTATIONS Introduction and Swearing-In of New Yorkville Police Department Officer – Bret Johnson Chief of Police Jensen introduced Bret Johnson, and Mayor Purcell swore him in as a patrol officer for the Yorkville Police Department. Data Center Presentation City Administrator Olson provided a brief update on meeting dates, which was the only change made to the presentation since the last City Council meeting. (See attached presentation) PUBLIC HEARINGS 1. Project Steel – Prologis (Data Center) – Annexation Agreement 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 – June 24, 2025 – Page 2 of 5 CONSENT AGENDA 1. Bill Payments for Approval $ 417,531.82 (vendors – FY 25) $ 3,157,396.97 (vendors – FY 26) $ 449,914.18 (payroll period ending 06/06/25) $ 4,024,842.97 (total) 2. Resolution 2025-77 Approving an Engineering Agreement with Engineering Enterprises, Inc. (Countryside Lift Station Improvements – Design Engineering) – authorize the Mayor and Clerk to execute (PW 2025-61) 3. Resolution 2025-78 Approving a Change Order Relating to the Eldamain Water Main Loop – South – authorize the Mayor and City Clerk to execute (PW 2025-63) Mayor Purcell entertained a motion to approve the consent agenda as amended. So moved by Alderman Koch; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye, Soling-aye, Marek-aye, Hyett-aye REPORTS MAYOR’S REPORT Ordinance 2025-52 Amending School Transition Fees (CC 2025-50) Mayor Purcell entertained a motion to approve an Ordinance Amending School Transition Fees and authorize the Mayor and City Clerk to Execute. So moved by Alderman Koch; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-nay, Corneils-aye, Soling-aye, Marek-aye, Hyett-aye, Koch-aye PUBLIC WORKS COMMITTEE REPORT Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2025 Stormwater Basin Inspections) (PW 2025-62) Alderman Soling made a motion to table this item to the July 15, 2025, Public Works Committee meeting; seconded by Alderman Koch. Motion unanimously approved via a viva voce vote. Resolution 2025-79 Approving a Bid to Construct a 1,500,000 Gallon Standpipe, Related Water Mains, and Other Site Improvements (South Receiving Station Standpipe) (PW 2025-50) Alderman Soling made a motion to approve a Resolution Approving a Bid to Construct a 1,500,000 Gallon Standpipe, Related Water Mains, and Other Site Improvements (South Receiving Station Standpipe) and authorize the Mayor and City Clerk to execute; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Corneils-aye, Soling-aye, Marek-aye, Hyett-aye, Koch-aye, Plocher-aye The Minutes of the Regular Meeting of the City Council – June 24, 2025 – Page 3 of 5 Resolution 2025-80 Approving an Engineering Agreement with Engineering Enterprises, Inc. (South Receiving Station Standpipe – Construction) (PW 2025-51) Alderman Soling made a motion to approve a Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (South Receiving Station Standpipe – Construction) and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Corneils-aye, Soling-aye, Marek-aye, Hyett -aye, Koch-aye, Plocher-aye, Funkhouser-aye Resolution 2025-81 Approving the Release of a Performance Guarantee Bond Related to Ashley Pointe (Prestwick) Subdivision (PW 2025-64) Alderman Soling made a motion to approve a Resolution Approving the Release of a Performance Guarantee Bond Related to Ashley Pointe (Prestwick) Subdivision, contingent upon the transfer of property to the United City of Yorkville and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Soling-aye, Marek-aye, Hyett-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Independence Day Celebration Parks and Recreation Director Evans reported that the Independence Day Celebration will take place on Friday, July 4, 2025. The parade will begin at 9:00 am at Yorkville High School and end at Town Square Park. Fireworks will begin at dusk and will be shot off near the corner of Route 47 and Countryside Parkway. FORE! Yorkville Golf Outing Parks and Recreation Director Evans thanked everyone who participated and helped at the FORE! Yorkville Golf Outing. He shared that it was a great day. Resolution Authorizing the Purchase of Playground Equipment from Playcraft Systems in an Amount Not to Exceed $104,150.25 (Cannonball Ridge Park) (CC 2025-52) Mayor Purcell entertained a motion to approve a Resolution Authorizing the Purchase of Playground Equipment from Playcraft Systems in an Amount Not to Exceed $104,150.25 (Cannonball Ridge Park) and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Koch. Alderman Funkhouser expressed his belief that the color palette chosen by the Park Board does not match the neighborhood. He recommends switching to the second option in the packet. Alderman Soling mentions that the bright colors attract children. Alderman Funkhouser added that he can provide studies comparing bright colors to cool, calming colors. Alderman Koch asked for Alderman Marek’s opinion, since it is his ward as well. Alderman Marek shared that his family makes a point to visit all of the city’s parks. He said his kids have never enjoyed any park more than others in terms of color. He thinks parks are starting to lean toward brighter designs, but doesn't have a strong opinion either way. Alderman Funkhouser made a motion to amend the playground equipment purchase to option #2 as presented in the packet materials; seconded by Alderman Corneils. The Minutes of the Regular Meeting of the City Council – June 24, 2025 – Page 4 of 5 Motion to amend approved by a roll call vote. Ayes-4 Nays-1 Present-2 Marek-present, Hyett-aye, Koch-aye, Plocher-present, Funkhouser-aye, Corneils-aye, Soling-nay Main motion with amendment fails by a roll call vote. Aye-2 Nays-3 Present-2 Hyett-nay, Koch-nay, Plocher-present, Funkhouser-aye, Corneils-aye, Soling-nay, Marek-present PLANNING AND ZONING COMMISSION Ordinance 2025-53 Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Energy Industrial Uses (PZC 2025-05) Mayor Purcell entertained a motion to approve an Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Energy Industrial Uses and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Koch. Community Development Director Barksdale Noble explained at the last meeting that there was a request to revise two parts of the text amendment. Staff had previously recommended a building-to-building separation, meaning a data structure from one building to another, in a residential or commercial context. The request was to measure the distance from the structure to the residential or commercial lot line. After comparing the staff's previous recommendation with the new suggestion of measuring from the structure to the residential or commercial lot line, the staff continues to recommend the structure-to-structure approach. The second component involved fencing standards, which aimed to prohibit the use of chain- link and barbed wire fencing around the entire property. There was also a recommendation to add a new fencing material option of a rigid material, which staff does not oppose. However, staff does not recommend prohibiting chain-link or barbed wire fencing around substations, as developers cannot control fencing around substations once easements are granted to ComEd. Mayor Purcell requested clarification on whether the exterior fencing would be of higher quality, based on the proposed language, which was confirmed. Mayor Purcell then took a head count on both changes and moved forward with the main motion without any amendments. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye, Soling-aye, Marek-aye, Hyett-aye CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT No report. MAYOR’S REPORT (cont’d) Public Works and Parks Department Facility Update (CC 2025-08) No report. Lake Michigan Water Project Update (CC 2025-09) Ordinance 2025-54 b. Amending Water Service Rates and Charges Mayor Purcell entertained a motion to approve an Ordinance Amending Water Service Rates and Charges and authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Soling. Alderman Funkhouser mentioned that the Council has been discussing rate increases for over ten years. The City is currently paying on bonds and will soon be paying on new bonds as well. He emphasized that this is necessary and unrelated to the data centers. The Minutes of the Regular Meeting of the City Council – June 24, 2025 – Page 5 of 5 Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye, Soling-present, Marek-aye, Hyett-aye ADDITIONAL BUSINESS None. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Plocher; seconded by Alderman Koch. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:39 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 Hearing - June 24, 2025 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARING 651 Prairie Pointe Yorkville, Illinois Tuesday, June 24, 2025 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 Hearing - June 24, 2025 2 PRESENT: (In-person and via Zoom) Mr. John Purcell, Mayor; Mr. Ken Koch, Alderman; Mr. Craig Soling, Alderman; Mr. Arden Joe Plocher, Alderman; Mr. Chris Funkhouser, Alderman; Mr. Matt Marek, Alderman; Mr. Rusty Hyett, Alderman; Mr. Rusty Corneils, Alderman. ALSO PRESENT: Mr. Bart Olson, City Administrator; Ms. Jori Behland, City Clerk; Ms. Erin Willrett, Assistant City Administrator; Mr. Rob Fredrickson, Finance Director; Mr. Eric Dhuse, Public Works Director; Mr. James Jensen, Chief of Police; 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 Hearing - June 24, 2025 3 APPEARANCES: OTTOSEN, DiNOLFO, HASENBALG & CASTALDO, LTD. BY: MS. KATHLEEN FIELD ORR 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 (630) 682-0085 appeared on behalf of the United City of Yorkville; ANCEL, GLINK, P .C . BY: MR. KURT S . ASPROOTH 140 South Dearborn Street, Suite 600 Chicago, Illinois 60603 (312) 604-9139 appeared on behalf of the Petitioner, Project Steel-Prologis. - - - - - REPORTED BY: Christine M . Vitosh Illinois C .S .R . License No. 084-002883 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 Hearing - June 24, 2025 4 I N D E X WITNESS: PAGE J .C . WITT 7 KURT S . ASPROOTH 9 KATIE FRASER 15 CHUCK OVERFRANK 32 WALT STAGNER 35 JOHN ROSE 37 - - - - - 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 Hearing - June 24, 2025 5 (WHEREUPON, the following proceedings were had in public hearing, commencing at 7 :16 p .m . as follows:) MAYOR PURCELL: 7 :16. I will open the public hearing for the Project Steel-Prologis Data Center annexation agreement. So the public hearing is now open. Were we going to have somebody do a presentation or talk a little? What's -- Krysti, tell me, please. MS. NOBLE: The petitioner is here to do their presentation. If you like I can do a -- MAYOR PURCELL: Why don't you start with whatever and then turn it over to them, and just -- the only thing we ask, you probably know this, but when you get up there, just please state your name for the record. MS. NOBLE: So the petitioner is Prologis and they are seeking to annex 16 parcels totaling about 540 acres to the City of Yorkville for a master plan high tech data center campus. In addition to annexation, the 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 Hearing - June 24, 2025 6 petitioner, as Bart mentioned, is going to request rezoning to the M -2 District, looking for a special use for a planned unit development and approval of a preliminary PUD plan. Tonight's meeting, the data center campus plan, has been revised from the initial one presented. The revised plan shows a phased development plan of 18 two-story buildings totaling about 6 .8 million square feet. The petitioner is here tonight to overview their project, and we can also talk about the draft annexation agreement, which is attached to the packet as well. MAYOR PURCELL: Krysti? MS. NOBLE: Yes. MAYOR PURCELL: How many square feet did you say? MS. NOBLE: 6 .8 million square feet. MAYOR PURCELL: With all the buildings? MS. NOBLE: Correct. MAYOR PURCELL: Thank you very much. Okay. Please step up there. We run this a little informal, where you give your 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 Hearing - June 24, 2025 7 presentation, we are going to ask questions, sometimes members of the public might have questions. If you are able to answer those, go ahead. Okay? MR. WITT: Perfect. MAYOR PURCELL: Thank you. J .C . WITT, testified before the City Council as follows: MR. WITT: Good evening, and thank you for the time. My name is J .C . Witt. I run investments for Prologis in the greater Chicago area around data centers, and I am here today to give a little intro on who Prologis is, and I am joined by Clare Chandler, and then Katie Fraser is also dialed in here. So Prologis is a company, global real estate company we like to say with local presence. We own about 1 .3 billion square feet of industrial and data center space across the globe. We have been building data centers since 1999 and we have currently about 30 data centers in our portfolio across the United States. 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 Hearing - June 24, 2025 8 We have a pipeline of about -- that number is a little outdated, but two and a half billion in data centers right now that are under construction to add to our portfolio, and A rated company, been around for the better part of 40 years doing construction, owning it and leasing it to tenants. We have a local presence in the greater Chicago area that -- in that bottom I 55 number is wrong, we had a fat finger there with an extra three, but we have an aggregate total inventory of about 83,000,000 square feet of predominantly industrial with a sprinkling of data center, mainly around the O 'Hare Airport submarket. We are an active member in all the communities we invest in. We have active volunteering for Toys for Tots, Boy Scouts for America. We do have an impact day every year. And this is a picture from us doing a feed at the food bank in the greater Chicago area, and I 'll pass it over to here to Kurt to get into some of the details of the project. MAYOR PURCELL: Thank you very much. 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 Hearing - June 24, 2025 9 KURT S . ASPROOTH, testified before the City Council as follows: MR. ASPROOTH: Thanks J .C . My name is Kurt Asprooth, I am an attorney with the law firm of Ancel, Glink, I represent Prologis, and we are excited to be here tonight to introduce Project Steel. We are going to give kind of just a very high level overview; obviously this is kind of the start of our process. As we've heard, there's going to be several more hearings as we go through here. Try not to be too redundant. The staff memo, your packet, is very comprehensive as well. I won't try to cover all of that here in this kind of high level overview. So the property in question is about 540 acres, it's highlighted in orange on this slide here, generally bounded by Galena Road on the north, Corneils Road on the south and Eldamain on the west. Currently the property is generally farmland. It's bisected by ComEd transmission lines that feed into that subsection there south 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 Hearing - June 24, 2025 10 of Corneils Road, which is highlighted in blue. So for the overall site plan, Prologis is proposing 18 data center buildings; build this in three phases, six buildings for each phase. Each phase will have its own electrical substation. Each phase is also going to be independent, it's going to have its own public improvements, retention ponds, roads and things of that nature. To deliver this value, this level of investment in the City of Yorkville, United City of Yorkville here, we are seeking to annex all of that property into the center. As was mentioned, we are seeking to rezone that to the M -2 district, along with a planned unit development and a preliminary plan as well. So generally we believe this is consistent with the City's Comprehensive Plan. This whole corridor along Eldamain has been designated as kind of an industrial M -2 corridor here, and as Council has heard from other presentations, there is other data center 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 Hearing - June 24, 2025 11 interest in this same area with the Project Cardinal project to the north and CyrusOne project to the south, so this kind of fits in with that general corridor along Eldamain here that is developing as kind of a data center corridor overall. This is kind of the first elevation here, just kind of a conceptual rendering of what that campus is going to look like. Each data center building would be two stories tall between 6 0 and 7 0 feet in height. They are primarily going to be used -- built using concrete, tilt-up concrete panels, metal panels, materials that are very consistent in data centers across the country. There is going to be some enhancements along some of those frontages there, and Eldamain, Corneils Road, to make sure that we are complying with the City's enhanced -- I believe it's the gateway area there, so that we make sure this looks nice for those important rights-of-way that the city has along this area. You can see there's also going to be internal access drives for each building, along 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 Hearing - June 24, 2025 12 with some equipment yards adjacent to the building, and then we'll have rooftop mechanical on the east that's going to be fully screened there to the full height. This is just another elevation, it's going to show what the proposed data center buildings would look like from kind of eye level here. You can see we are going to have landscaping around the outside of the building and through the parking areas. The goal here is to make sure that this looks attractive if anybody is going to be looking at it from any of those roads. We are really committed to making this kind of an architecturally and aesthetically pleasing development. That's kind of a high level overview. We are certainly happy to answer any questions. Look forward to any feedback from the Council. We look forward to working with -- continuing to work with the City on this project. MAYOR PURCELL: Thank you. Anyone else from your group have anything to offer? MR. ASPROOTH: That's all we have. 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 Hearing - June 24, 2025 13 MAYOR PURCELL: Okay. Questions, comments, from the Council? Mr. Funkhouser? ALDERMAN FUNKHOUSER: Why are you looking at me? MAYOR PURCELL: Well, you looked at me. ALDERMAN FUNKHOUSER: Just a couple of quick questions. So I note that the -- part of Beecher is being -- MAYOR PURCELL: Make sure you talk into the mic, please. ALDERMAN FUNKHOUSER: Part of Beecher is being vacated per your plan, you are looking to have Beecher on the far east side of the property. That's the only road that you would have that is part of our comprehensive planning of transportation connecting this corridor, is the realigned Beecher Road. Is that -- Would that be fully approved by the plan with the realignment that's being proposed? MR. ASPROOTH: Yes. ALDERMAN FUNKHOUSER: Okay. And then we have imposed hundred foot landscape buffers 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 Hearing - June 24, 2025 14 around perimeters of other developments that have come in for data centers. It doesn't appear that there is a hundred foot, maybe 60-foot buffer, around perimeters. Would you be looking at doing the hundred foot as has been imposed on the other projects as well? MR. WITT: Yes, Chris. I haven't looked at it in detail, but yes, we would be fine with being in align with the other projects that have been -- MAYOR PURCELL: So can I ask a question? If you are going to answer, could you step to the mic, please? MR. ASPROOTH: Sorry. MR. WITT: Sorry. MAYOR PURCELL: Sorry, just want to make sure. MR. ASPROOTH: Of course. Of course. MAYOR PURCELL: The attorney understands. MR. WITT: Yes. So to your question, yeah, our idea would be to be in line with the 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 Hearing - June 24, 2025 15 other projects that have been approved. I couldn't tell you in detail looking at t he plan where specifically you are saying we are inside the hundred feet, but we can look at those specific areas. ALDERMAN FUNKHOUSER: So the perimeter berming, landscape and hundred foot, you would look to -- MR. WITT: Yes. ALDERMAN FUNKHOUSER: And staff would work with you. Okay. And then issues of building height. The restriction within the 1500 foot of residential, the 70 foot, you are good being compliant, or will be compliant with that, or is that an issue for you moving forward? MR. WITT: I am -- Katie, I know you are on the phone. I know you have been more in the weeds on that. Do you mind? KATIE FRASER, testified before the City Council as follows: MS. FRASER: Yes. And to answer the first -- to reiterate the first question on landscaping, we have the hundred foot buffer 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 Hearing - June 24, 2025 16 we are more than happy to provide that, and for what would be -- what was the next one? The building height. So yeah, for the building height, for all mechanical equipment, all 70 feet that's been requested by City staff. ALDERMAN FUNKHOUSER: And then your buildings, are you primarily using air-cooled technology, or what is the type of methodology you are using for that? MR. WITT: Yeah, great question, and I know there was some preliminary questions, too, about there being an end customer, and so I would think both of those are linked. The way we -- the way we think these projects are most successful is kind of creating a site plan and a design that is most flexible to those customers to come in and create kind of what they have and their specific design needs, and so at this point in time, the actual cooling design has not been finalized for the buildings, and that gets kind of more refined as we move further along in the process and we get a lot more closer feedback to some of those end use customers. 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 Hearing - June 24, 2025 17 ALDERMAN FUNKHOUSER: And that's a good point you have made, is you are not the end user, you are basically just a landlord to say for the users that are going to be leasing your space within the buildings . MR. WITT: That's correct. Yep, yep. Just like all of our industrial, we will buy the land, build the building, and building the building could come all the way down to the server rack on these data centers, and then we will lease that to these users for long-term leases and stay on as the owner. ALDERMAN FUNKHOUSER: And for this site, as I look at it, I do think it is a very dense site for the amount of buildings, amount of square footage, on this one. Looking at the access, the private drives that are through this, have you had conversations with the fire department, or does the staff know, have we had those conversations, are they comfortable with building separation, drive access, et cetera, even through the private facilities? MS. NOBLE: We have. They were part of 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 Hearing - June 24, 2025 18 a planning council review and they had not expressed any concerns . ALDERMAN FUNKHOUSER: That's it for now. MAYOR PURCELL: I want to follow up if I could. The question regarding the cooling systems, are we including in our ordinance that they should be air cooled versus water cooled? MS. NOBLE: No, we do not have a requirement from the land planning aspect on the technology of air cooled versus water cooled. Brad can talk to you more from the engineering perspective. MR. SANDERSON: It's our understanding that a lower intensity water use is being presented, so the exact technology probably is still to be determined, but it's not a water intensive cooling system that's being proposed , and I believe it will be in one of the agreements, but perhaps not in the annexation agreement. MR. WITT: Yes, I can make a comment on that. MAYOR PURCELL: Please. MR. WITT: So throwing air cooled 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 Hearing - June 24, 2025 19 water cooled around kind of is a very broad brush statement for the cooling system. So I could say we're doing water cooling here, we would actually be using less -- we could be using less water than an air cooled system because they have closed loop water systems where it stays in one loop and doesn't evaporate at all, where the air cooled systems use some evaporation, so it just -- they all depend on the specifics of those buildings and the design, but to Brad's point, we are going to work within the confines of the actual water availability, and it's not a heavy water usage. MAYOR PURCELL: Okay. Well -- ALDERMAN FUNKHOUSER: That would clarify. My intent was it's a lesser intense water use. MR. WITT: Yes, yes. ALDERMAN KOCH: And is that water in the cooling or is that a glycol-type thing? MAYOR PURCELL: Ken, talk into your mic, please. ALDERMAN KOCH: Is that a glycol-type system or is it water, purely water? 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 Hearing - June 24, 2025 20 MR. WITT: Just purely water, yep. MAYOR PURCELL: Okay. MR. WITT: It gets treated for demineralization, but it's just water. MAYOR PURCELL: Okay. Thank you on that. And then, Chris, you -- and I am not trying to pick a battle here, but you said you thought it was an intense -- not for the water, but just a higher density or more square footage? I did 6 .8 million on whatever my math is, 23 and a half million square feet. Is that what 5 40 acres is, 23 and a half million, is it 43 540 per acre? Yeah, so I mean that's -- I don't know, that doesn't seem real -- ALDERMAN FUNKHOUSER: I 'm just looking at, you know, the other two data centers that have brought plans forward and the percentage of open space that is on those two plans. This one doesn't have -- If you just take the square footage, it's not an actual apples to apples because that's gross square footage, that's not your actual land square footage that you are taking up, so that's kind of a hard number to just take that 6 .7 mil -- or 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 Hearing - June 24, 2025 21 6 .8 -- MAYOR PURCELL: Eight. ALDERMAN FUNKHOUSER: -- million and then the 17 million, you have to take the actual open space. MAYOR PURCELL: Okay. ALDERMAN FUNKHOUSER: And just looking at -- So that's where your number -- I understand where you are coming from -- MAYOR PURCELL: Yeah. ALDERMAN FUNKHOUSER: -- just taking the square footage of the buildings, but it's the footprint on the site. MAYOR PURCELL: Okay. ALDERMAN FUNKHOUSER: I am looking at impervious to pervious types of uses on the site. MAYOR PURCELL: Okay. Thank you. Other Aldermen have questions? (No response.) MAYOR PURCELL: I have a couple more. Do you have a decommissioning plan? MR. WITT: Not at this time, but we will as part of the process. MAYOR PURCELL: Okay. I brought this up 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 Hearing - June 24, 2025 22 at the previous hearing, I know you weren't necessarily here, maybe you were paying attention, maybe you weren't , doesn't really matter, but I asked the same question there. I just think that as the technology changes, no different way than the way solar fields have decommissioning plans, I think it's important, so I appreciate that. What do you plan on doing if this is not built out here in 15 or 20 years? MR. WITT: If the -- Like if we only built out part of the -- MAYOR PURCELL: Yeah, let's say you built out a third of it. A s the technology changes, you know, all the time. MR. WITT: So I don't -- So we hear this a lot, technology changing. I think that the -- what the core value here is the -- is the existing power infrastructure, which isn't going to change. You know, there could be a world, to your point, that you don't need as many buildings to utilize the same amount of power, and in that case, to Chris's question, you would want to say 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 Hearing - June 24, 2025 23 have just a less dense site, but in our world, like when we're actually leasing these buildings, we are doing it kind of on a power perspective, not necessarily on a building square foot perspective, so we're getting to kind of similar economics by utilizing that power, maybe not utilizing the whole footprint. MAYOR PURCELL: Okay. But -- go ahead. MR. WITT: Maybe to answer the question, another question, we don't have an alternate use for the site. MAYOR PURCELL: Okay. MR. WITT: Yeah. MAYOR PURCELL: Okay. If you didn't fill it out in 20 years, would you consider donating the remainder of the land to the city? MR. WITT: Yeah, I think if we utilize all the power and then there is excess -- excess land, I think that's definitely something we could look into. MAYOR PURCELL: Okay. I don't know that I will be here. You will probably be doing this, you look pretty young, but I don't know that I will be here. 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 Hearing - June 24, 2025 24 MR. WITT: Yeah. MAYOR PURCELL: But okay. And then I think maybe Bart has asked this of you, but I would strongly, strongly encourage that your first phase be in the Yorkville School District. I think that would be more favorably received by myself, I can't speak for the Aldermen, but definitely by myself and my community, so just keep that in the back of your minds , please. And then any -- maybe you're not public with this or not, but if this were fully built out, what kind of dollar value do you put on this project? MR. WITT: It's in the billions, and it depends on what you are measuring. So the users themselves are probably going to be investing, you know, it could be upwards of a billion per building depending on what they are putting in the building, so -- MAYOR PURCELL: Okay. MR. WITT: -- it's a sizable number. MAYOR PURCELL: Okay. MR. WITT: And we will get -- again, as 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 Hearing - June 24, 2025 25 we refine this and get closer , we will give you all some estimates on tax projections, too. MAYOR PURCELL: Okay. So you don't have those yet then? MR. WITT: I don't . No, we don't . MAYOR PURCELL: Okay. For the property taxes, and also will you have them for your projected utility taxes, too? MR. WITT: Yes. MAYOR PURCELL: Okay. MR. WITT: Yeah, we can include that, yeah. MAYOR PURCELL: Okay. And when did -- You said three phases. When would you expect construction to begin on the first phase? MR. WITT: About two years. MAYOR PURCELL: About two years from approval? MR. WITT: Yeah. MAYOR PURCELL: And what is it, a two-year process? MR. WITT: It's not as much a two-year process, it's about a two-year lead time to get the equipment to actually be i nstalling. 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 Hearing - June 24, 2025 26 Most of the equipment you're going to install, first of all, the electrical equipment and getting an interconnection with ComEd, and so that's going to drive a lot of the process. We don't want to -- you don't want to do any site mass grading and have erosion issues when you are not going to use it for, you know, a year or so after, and so you want to make sure that's lined up with when you're actually going to land the energization of the on-site substation and, therefore, the buildings. MAYOR PURCELL: Okay. And then once you start the -- So if -- let's say this gets approved January 1 , if it gets approved, I know we have some things to discuss still, from then it's two years before you start construction? MR. WITT: Before you -- yeah, before you have trucks out there doing a lot of mass grading, yeah. MAYOR PURCELL: And then from the point you start construction, approximately how long until one of these facilities would be open? MR. WITT: Year, 18 months. 18, 20 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 Hearing - June 24, 2025 27 months, yeah. MAYOR PURCELL: Okay. So four years out, something like that? MR. WITT: Yeah. Yeah. MAYOR PURCELL: Okay. And this was asked at the last meeting, and I don't understand the rules with the state, but one of the members I think on Zoom asked do you work with organized labor on this and the unions, do you get some type of agreement with them? MR. WITT: It's a good question. I don't know the answer to that. I can get that for you. MAYOR PURCELL: Okay. Because I have been asked that several times. We've got some good union people in the area -- MR. WITT: Yeah. MAYOR PURCELL: -- a lot right here in the community -- MR. WITT: Yeah. MAYOR PURCELL: They're -- some of them are actually looking forward to working on these projects -- MR. WITT: Yeah. 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 Hearing - June 24, 2025 28 MAYOR PURCELL: -- so I 'd like to make sure. Okay. MR. WITT: So all of our work -- To my knowledge, all of our work existing in the greater Chicago area has had union labor on the projects, so -- MAYOR PURCELL: Okay. That's -- That's fantastic. MR. WITT: But I will get that answer for you. I don't know. MAYOR PURCELL: No, I appreciate it. I just -- These are things I hear from the public and I ask. And then the other thing that is important to me and I guess, therefore, the city as well, we have a real challenge with our school system, and it's a positive thing, our schools are growing because the community is growing, and I would rather be growing than dying like Chicago, for example, but with growth comes the need for future buildings and expansions , so I would like you to consider having a negotiation with the school district, and we would like to be involved with those conversations and have you 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 Hearing - June 24, 2025 29 write an upfront check to the school district to help pay for their building expansions. MR. WITT: Okay. Understood. MAYOR PURCELL: So it's very important to me. I cannot express that enough. I have been here my whole life, I 've seen this before, where the town grows and there is need for schools, and I want the school system to be able to get it right, and I think this is an opportunity for you. You talk about how you give back to the community, this is a great opportunity. MR. WITT: Yeah. MAYOR PURCELL: So, Aldermen, any Aldermen have other questions? (No response.) MAYOR PURCELL: Okay. I am going to open it up to anyone in the public. First anyone here in the meeting, anyone have any questions? If you do, please step forward to the microphone and ask away. (No response.) MAYOR PURCELL: Nobody here at the meeting? 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 Hearing - June 24, 2025 30 (No response.) MAYOR PURCELL: Okay. How about -- Oh, Mr. Koch. ALDERMAN KOCH: Just one more. So the process, once it's a pproved from us, what do you factor for getting the agreement with ComEd? MR. WITT: Yeah, good question. We are in -- ComEd is doing cluster studies now to organize some of their approval process. We are in the third cluster with them. We have been in that cluster for the better part of like three, four months now. We expect an initial feedback from them at the -- in the fall, so October-ish timeline, and they are going to give us more directive at that time as to what's -- what the next milestone timeline is going to be. ALDERMAN KOCH: So for my education then, is each data center project like on its own or are they all in that same kind of cluster? MR. WITT: The way they're doing it is they are doing -- they are grouping them by clusters of area, because they are looking at grade improvements for how they impact each 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 Hearing - June 24, 2025 31 other, because it doesn't make a whole lot of sense to look at one when one is happening right next door and you are not reviewing that in your grade improvement, so they are clustering them together and looking at all those and how they impact the grid and what the cost is going to be per project to get them up and running. ALDERMAN KOCH: Thank you. MAYOR PURCELL: Other questions from Aldermen? (No response.) MAYOR PURCELL: Craig, did you have something? Please. ALDERMAN SOLING: As far as your water discharge goes to the sanitary district, I asked the question last time, too, and I just want to reiterate, there is no heavy metals, there is no glycol, there is no -- nothing that neighbors really need to be concerned about, correct? MR. WITT: No. No. ALDERMAN SOLING: And do you have an idea of what your discharge is per building roughly? MR. WITT: I don't have that number in 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 Hearing - June 24, 2025 32 front of me. Katie, I know you are in the front, I don't know if you maybe have that number. MS. FRASER: No, I don't have that handy at the moment, but we can get back to you on that and get a more final answer. ALDERMAN SOLING: Thank you. MAYOR PURCELL: Thank you, Craig. I 'm just looking over my notes here. Are there any questions from anyone on Zoom? (No response.) MAYOR PURCELL: No? Any other Aldermen? I have another question, but any other Aldermen have questions? ALDERMAN KOCH: John. MAYOR PURCELL: Oh, I 'm sorry. Please step to the microphone. I 'm sorry, I didn't see you there. MR. OVERFRANK: Sorry, I was just thinking about this. MAYOR PURCELL: That's what I 'm doing, too. I 'm thinking as we're going. CHUCK OVERFRANK, testified before the City Council as follows: 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 Hearing - June 24, 2025 33 MR. OVERFRANK: Chuck Overfrank (phonetic), I 'm a resident of Yorkville. I was curious, in one of the pictures, it looks like you might have a battery storage system; is that correct? MR. WITT: I can answer that. No battery storage system. What you might have seen is a contained generator unit, looks kind of like a battery from a far, but it's actually a contained -- enclosure around a generator. MR. OVERFRANK: There is a series of -- MR. WITT: Yep, there is a series of those generators running alongside the building, yeah. No batteries. ALDERMEN KOCH: Couple more. MAYOR PURCELL: Go ahead. ALDERMAN KOCH: So to follow up on that, so as technology gets better, if the battery systems would become, you know, a good thing to have, would you guys be able to add them to these, or is once your project is built, it's not really possible? MR. WITT: You mean for the backup generation? 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 Hearing - June 24, 2025 34 ALDERMAN KOCH: Yeah, if you want to put some sort of battery system in. MR. WITT: Yeah, you could. You could easily switch out those generators. I mean, the area they sit in, you could easily take out those bays for a battery unit. The battery technology is pretty far off from what they would need for a long-term viability of generation at this point. I mean, those generators will last you about three days; if you have a battery the same size it will last you about an hour, so I mean, it's a pretty big gap right now. ALDERMAN KOCH: No, I knew that -- MR. WITT: Yeah. ALDERMAN KOCH: -- I 'm just wondering, because going forward I think you might see -- MR. WITT: Hopefully. ALDERMAN KOCH: -- a lot of research and development into that. MR. WITT: Yeah. ALDERMAN SOLING: One more at the end of that, are those diesel generators or are they natural gas? 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 Hearing - June 24, 2025 35 MR. WITT: Yes, they are diesel. Yes. MAYOR PURCELL: Other questions? (No response.) MAYOR PURCELL: So I have a couple more. Oh. Step forward, please, to the microphone, and, again, just state your name and ask the question. WALT STAGNER, testified before the City Council as follows: MR. STAGNER: My name is Walt Stagner. I live here in Yorkville. I 've got a couple questions. Will these buildings, the data centers, be isolated somehow from the power grid? How does the power grid that these buildings use interface to everything else? And what happens if the grid goes down, do these buildings go down, too, or are you on a separate power situation? MR. WITT: Good question. So the buildings are connected to the grid and then the diesel generators that we were discussing a minute ago would be what would come in place if the grid goes down. 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 Hearing - June 24, 2025 36 MR. STAGNER: And how long -- okay. So I guess that was sort of asked before. So it would run either until you run out of fuel, is that how that works? MR. WITT: Ideally the grid would come on before that, but you would then have a refueling event if it wasn't coming on within a three-day period. MR. STAGNER: And maybe I missed something, but does the City get to know who the people are that are renting the space? MR. WITT: Yes, they will. Yes. MR. STAGNER: Because I 've interfaced with some of the people that have done the data centers in DeKalb, and I 'm not sure that that's common knowledge among the people that live there, who is actually occupying the data centers, for example, besides Facebook. MR. WITT: You mean who is -- MR. STAGNER: Who the tenants are that actually have the equipment inside the data centers. MR. WITT: Yes, the City will know who that is. 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 Hearing - June 24, 2025 37 MR. STAGNER: Thank you. MR. WITT: Yep. MAYOR PURCELL: Other questions from the public? (No response.) MAYOR PURCELL: Well, I 'll ask a couple others and -- yep. Go ahead. Yeah, I will ask a couple others, so if you think of some others, that's what we are here for. MR. ROSE: The residents of Kylyn's Ridge, which is the subdivision Chris knows well, it's going to sit up against some of these properties. Curious about -- MAYOR PURCELL: Could you state your name, please? MR. ROSE: John Rose (phonetic). MAYOR PURCELL: Thank you. JOHN ROSE, testified before the City Council as follows: MR. ROSE: Concerned about Daniels North, Daniels South, Kelaka, Hamman-Kelaka, basically all the plots around the Rob Roy farm, and questions about Faxon Road, it's not built heavily enough to support truck traffic. 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 Hearing - June 24, 2025 38 We get a lot of trucks down High Ridge through Kylyn's Ridge, also not suitable for truck traffic, but we see a lot of it, and we are wondering how much will the traffic increase, what will be the nature of the traffic, and what should we expect in terms of when these might be built out. MR. WITT: Yeah. MAYOR PURCELL: So just a couple of things. First of all, the Council recently passed restrictions on truck traffic, I think it was last meeting, was it, or two meetings ago? MR. DHUSE: Yes. MAYOR PURCELL: For some of those roads you mentioned. The second thing is he can address traffic issues related to the Project Steel. Those other issues, if they're not related directly to this project, this is a public hearing for that project, but we have addressed -- to answer your question, we have passed just very recently restrictions on truck traffic through the subdivision. MR. ROSE: And there was also a question 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 Hearing - June 24, 2025 39 about staffing and how many employees would be using those roads as well. MR. WITT: Yep. Yes. So good questions. We will work with the City on what we describe -- and might have a different name, but we described it as a construction routing plan intentionally around that to make sure that the construction routing for the site makes sense for the surrounding community and wherever we are bringing in trucks. That's -- the construction routing is really where any traffic happens. The positive of these buildings are that they are large revenue for the City with very little impact on services to the community, especially, you know, revenue for the school district without any kids going into the schools, and then, again, improvements of off-site without very little traffic around. I mean, you have -- at any one point you might have only a hundred employees when this is fully built out on the site, so very minimal, minimal employee traffic. ALDERMAN KOCH: And how -- MAYOR PURCELL: Just one thing to follow 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 Hearing - June 24, 2025 40 up on that. For this one specific, and I can say for others, if and when they get approved, some of these haven't been approved yet, just zoning has, we would not have construction traffic going through any subdivision. I know that's come up before. We would not have construction traffic going through a subdivision, just absolutely not going to happen, so -- MR. WITT: Yeah, we wouldn't want that either, just to put that out there. ALDERMAN KOCH: So would you say like a hundred people for the whole build-out, so roughly what would that be per building, because I 'm assuming you have a crew 24/7 , right, because these don't shut down? MR. WITT: Yeah, so at any -- at any one time you could have as low as a hundred employees, so you have probably your I would say medium to high number would be about ten employees per building with three shifts, so you could say 30 employees per building running 24/7 , so if you multiply that by our 18 buildings right now, it's , yeah, 5 40 employees. 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 Hearing - June 24, 2025 41 MAYOR PURCELL: One per acre? MR. WITT: Yeah, exactly. MAYOR PURCELL: So just curious, Krysti, three and a half homes per acre, that's R -2 about, 3 .64 or something like that? MS. NOBLE: Yes, 3 .64. MAYOR PURCELL: Okay. God, it's amazing what I learn. I 'll forget it, though. So let's say three and a half and two cars. Holy cow, you could have seven cars per acre versus one. MR. WITT: Yeah. MAYOR PURCELL: So really the traffic -- the concern about traffic is -- I think it is way overblown. I agree, during construction we don't want traffic going through the subdivisions, understand that, but as far as just employees and traffic, that's really not a real concern. MR. WITT: Yeah. MAYOR PURCELL: Ken, did that answer your question? ALDERMAN KOCH: Yes. MAYOR PURCELL: Okay. So 30 employees per building. Interesting. This is once they are completed? 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 Hearing - June 24, 2025 42 MR. WITT: Yeah, once they are completed, and that's three shifts, so ten per shift. MAYOR PURCELL: Yeah, so at any one time it's -- okay. Heck, you have probably more -- more delivery trucks going down your street in a day than that. Heck, probably my house honestly. Okay. So I just want you to understand our position. We are not going to allow, you know -- if and when these many new things become fashionable, not here in Yorkville, just not going to happen, so if you've got any grand plans of that, wipe them out right now, okay? MR. WITT: We do not. Appreciate that, yeah. MAYOR PURCELL: I appreciate that, too. And the other thing, I hear about this, is with data centers come higher demand for electric, hence, supply and demand, the electric rates go up. So I am curious, if we were to tell you all we don't want you because we don't want electric rates to go up, I assume some of these 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 Hearing - June 24, 2025 43 would be built somewhere else, or is Yorkville the only town that people are looking because we are so awesome? MR. WITT: No, yeah. MAYOR PURCELL: No, we're not awesome? Come on now. MR. WITT: Well, you are -- you are awesome. There is two parts to that. One is so we are working with ComEd, a lot of what they are doing and studying is figuring out what our cost to the system is going to be, so we have to pay that cost upfront, as an upfront payment to them, for them to commit to then do those improvements for the grid. Then there is a second part of that, which is that this area, ComEd, is a part of a larger utility network, and to your point, any data center going anywhere in that utility network is buying wholesale from that network's pricing and, therefore, moving prices up and down. It's not binary, this area is getting a data center and, therefore, you know, the immediate radius has a rate increase, it's a 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 Hearing - June 24, 2025 44 part of that whole network. MAYOR PURCELL: So eventually, whether it's a year or five, ten years, there is going to be more demand for electricity, unless these things become super efficient and they run on a nine volt battery, maybe they could someday, but as demand goes up, it's going to affect the whole region whether or not these are in Yorkville, is that what I 'm hearing you say? MR. WITT: That's correct, yeah. MAYOR PURCELL: Okay. No, that's important because I get that a lot, people say, oh, your rates are going to go way up, it's all because the city is evil people, and I 'm not going to say I 'm a not bad person, but I don't think I 'm going to make the electric rates go up by myself, so okay. Other questions or comments from the Council? (No response.) MAYOR PURCELL: Anyone else in the public? I don't want to miss somebody raising their hand last minute here. (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 Hearing - June 24, 2025 45 MAYOR PURCELL: Okay. Zoomland, anyone in Zoomland? One more chance. (No response.) MAYOR PURCELL: Okay. Anything else you want to add, anybody? MR. WITT: No, appreciate the time. Thanks for the great questions. MAYOR PURCELL: All right. I will close the public hearing at 7 :5 2 p .m . Thank you very much. (Which were all the proceedings had in the public hearing, concluding at 7 :52 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 Hearing - June 24, 2025 46 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 47, 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 Hearing - June 24, 2025 47 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 17th day of July, 2025. /s / Christine M . Vitosh CHRISTINE M . VITOSH, Illinois C .S .R . 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20:4 dense [2] - 17:14, 23:1 density [1] - 20:9 department [1] - 17:19 describe [1] - 39:5 described [1] - 39:6 design [4] - 16:16, 16:18, 16:20, 19:11 designated [1] - 10:22 detail [2] - 14:10, 15:2 details [1] - 8:23 determined [1] - 18:16 developing [1] - 11:5 Development [1] - 2:21 development [5] - 6:3, 6:8, 10:17, 12:16, 34:20 developments [1] - 14:1 DHUSE [1] - 38:13 Dhuse [1] - 2:16 dialed [1] - 7:15 diesel [3] - 34:23, 35:1, 35:22 different [2] - 22:6, 39:5 DiNOLFO [1] - 3:2 direction [2] - 46:11, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - June 24, 2025 2 47:2 directive [1] - 30:16 directly [2] - 38:19, 46:19 Director [4] - 2:15, 2:16, 2:19, 2:21 discharge [2] - 31:15, 31:22 discuss [1] - 26:16 discussing [1] - 35:22 district [5] - 10:16, 28:23, 29:1, 31:15, 39:16 District [2] - 6:2, 24:5 dollar [1] - 24:13 donating [1] - 23:16 done [1] - 36:14 door [1] - 31:3 down [8] - 17:9, 35:17, 35:18, 35:24, 38:1, 40:16, 42:6, 43:21 draft [1] - 6:12 drive [2] - 17:22, 26:4 drives [2] - 11:24, 17:18 during [1] - 41:14 dying [1] - 28:19 E easily [2] - 34:4, 34:5 east [2] - 12:3, 13:13 economics [1] - 23:6 education [1] - 30:18 efficient [1] - 44:5 eight [1] - 21:2 either [2] - 36:3, 40:11 Eldamain [4] - 9:21, 10:21, 11:4, 11:18 electric [4] - 42:19, 42:20, 42:24, 44:16 electrical [2] - 10:6, 26:2 electricity [1] - 44:4 elevation [2] - 11:7, 12:5 employee [3] - 39:22, 46:16, 46:17 employees [8] - 39:1, 39:20, 40:19, 40:21, 40:22, 40:24, 41:16, 41:22 enclosure [1] - 33:10 encourage [1] - 24:4 end [4] - 16:12, 16:23, 17:2, 34:22 energization [1] - 26:11 Engineer [1] - 2:22 engineering [1] - 18:12 enhanced [1] - 11:19 enhancements [1] - 11:17 equipment [6] - 12:1, 16:4, 25:24, 26:1, 26:3, 36:21 Eric [1] - 2:16 Erin [1] - 2:13 erosion [1] - 26:7 especially [1] - 39:15 estate [1] - 7:17 estimates [1] - 25:2 et [1] - 17:22 Evans [1] - 2:18 evaporate [1] - 19:8 evaporation [1] - 19:9 evening [1] - 7:9 event [1] - 36:7 eventually [1] - 44:2 evil [1] - 44:14 exact [1] - 18:15 exactly [1] - 41:2 example [2] - 28:20, 36:18 excess [2] - 23:18 excited [1] - 9:6 existing [2] - 22:19, 28:4 expansions [2] - 28:21, 29:2 expect [3] - 25:14, 30:13, 38:6 express [1] - 29:5 expressed [1] - 18:2 extra [1] - 8:11 eye [1] - 12:7 F Facebook [1] - 36:18 facilities [2] - 17:23, 26:23 factor [1] - 30:6 fall [1] - 30:14 fantastic [1] - 28:8 far [4] - 13:13, 31:14, 34:7, 41:16 farm [1] - 37:22 farmland [1] - 9:23 fashionable [1] - 42:11 fat [1] - 8:10 favorably [1] - 24:6 Faxon [1] - 37:23 feed [2] - 8:21, 9:24 feedback [3] - 12:19, 16:23, 30:13 feet [9] - 6:9, 6:16, 6:18, 7:18, 8:12, 11:11, 15:4, 16:4, 20:11 FIELD [1] - 3:3 fields [1] - 22:7 figuring [1] - 43:10 fill [1] - 23:15 final [1] - 32:5 finalized [1] - 16:20 Finance [1] - 2:15 fine [1] - 14:10 finger [1] - 8:10 fire [1] - 17:19 firm [1] - 9:4 first [8] - 11:7, 15:23, 24:5, 25:15, 26:2, 29:18, 38:10 fits [1] - 11:3 five [1] - 44:3 flexible [1] - 16:16 follow [3] - 18:4, 33:17, 39:24 following [1] - 5:1 follows [7] - 5:4, 7:8, 9:2, 15:21, 32:24, 35:9, 37:19 food [1] - 8:21 foot [8] - 13:24, 14:4, 14:7, 15:7, 15:13, 15:14, 15:24, 23:4 footage [6] - 17:16, 20:9, 20:20, 20:22, 20:23, 21:12 footprint [2] - 21:13, 23:7 foregoing [1] - 46:6 forget [1] - 41:8 forward [8] - 12:19, 12:20, 15:16, 20:17, 27:22, 29:20, 34:17, 35:5 four [2] - 27:2, 30:12 FRASER [4] - 4:6, 15:20, 15:22, 32:3 Fraser [1] - 7:14 Fredrickson [1] - 2:15 front [2] - 32:1 frontages [1] - 11:17 fuel [1] - 36:3 full [1] - 12:4 fully [4] - 12:3, 13:19, 24:12, 39:21 FUNKHOUSER [16] - 13:3, 13:6, 13:11, 13:23, 15:6, 15:10, 16:6, 17:1, 17:13, 18:3, 19:15, 20:15, 21:3, 21:7, 21:11, 21:15 Funkhouser [2] - 2:6, 13:2 future [1] - 28:21 G Galena [1] - 9:19 gap [1] - 34:13 gas [1] - 34:24 gateway [1] - 11:20 general [1] - 11:4 generally [3] - 9:19, 9:22, 10:19 generation [2] - 33:24, 34:9 generator [2] - 33:8, 33:10 generators [5] - 33:13, 34:4, 34:10, 34:23, 35:22 given [1] - 46:12 GLINK [1] - 3:7 Glink [1] - 9:5 global [1] - 7:16 globe [1] - 7:20 glycol [3] - 19:20, 19:23, 31:18 glycol-type [2] - 19:20, 19:23 goal [1] - 12:11 God [1] - 41:7 grade [2] - 30:24, 31:4 grading [2] - 26:7, 26:20 grand [1] - 42:13 great [3] - 16:10, 29:11, 45:7 greater [4] - 7:11, 8:9, 8:21, 28:5 grid [8] - 31:6, 35:14, 35:15, 35:17, 35:21, 35:24, 36:5, 43:14 gross [1] - 20:21 group [1] - 12:23 grouping [1] - 30:22 growing [3] - 28:18, 28:19 grows [1] - 29:7 growth [1] - 28:20 guess [2] - 28:15, 36:2 guys [1] - 33:20 H half [5] - 8:2, 20:11, 20:12, 41:4, 41:9 Hamman [1] - 37:21 Hamman-Kelaka [1] - 37:21 hand [3] - 44:23, 46:24, 47:4 handy [1] - 32:3 happy [2] - 12:18, 16:1 hard [1] - 20:24 HASENBALG [1] - 3:2 hear [3] - 22:16, 28:12, 42:18 heard [2] - 9:10, 10:23 hearing [10] - 5:3, 5:6, 5:8, 22:1, 38:20, 44:9, 45:9, 45:12, 46:6, 46:14 HEARING [1] - 1:10 hearings [1] - 9:11 heavily [1] - 37:24 heavy [2] - 19:13, 31:17 Heck [2] - 42:5, 42:7 height [5] - 11:11, 12:4, 15:12, 16:3, 16:4 help [1] - 29:2 hence [1] - 42:20 hereby [1] - 46:5 hereto [2] - 46:19, 46:22 hereunto [1] - 47:3 High [1] - 38:1 high [5] - 5:22, 9:9, 9:16, 12:17, 40:20 higher [2] - 20:9, 42:19 highlighted [2] - 9:18, 10:1 holy [1] - 41:9 homes [1] - 41:4 honestly [1] - 42:7 Hopefully [1] - 34:18 hour [1] - 34:12 house [1] - 42:7 hundred [9] - 13:24, 14:4, 14:7, 15:4, 15:7, 15:24, 39:20, 40:13, 40:18 Hyett [1] - 2:8 I idea [2] - 14:24, 31:22 ideally [1] - 36:5 ILLINOIS [2] - 1:7, 46:1 Illinois [7] - 1:17, 3:4, 3:8, 3:24, 46:4, 47:4, 47:9 immediate [1] - 43:24 impact [4] - 8:19, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - June 24, 2025 3 30:24, 31:6, 39:14 impervious [1] - 21:16 important [5] - 11:21, 22:8, 28:15, 29:4, 44:12 imposed [2] - 13:24, 14:7 improvement [1] - 31:4 improvements [4] - 10:9, 30:24, 39:17, 43:13 IN [1] - 47:3 in-person [1] - 2:1 include [1] - 25:11 including [1] - 18:6 increase [2] - 38:4, 43:24 independent [1] - 10:8 indirectly [1] - 46:20 industrial [4] - 7:19, 8:13, 10:22, 17:7 informal [1] - 6:24 infrastructure [1] - 22:19 initial [2] - 6:6, 30:13 inside [2] - 15:3, 36:21 install [1] - 26:2 installing [1] - 25:24 intense [2] - 19:16, 20:8 intensity [1] - 18:14 intensive [1] - 18:17 intent [1] - 19:16 intentionally [1] - 39:7 interconnection [1] - 26:3 interest [1] - 11:1 interested [1] - 46:19 interesting [1] - 41:23 interface [1] - 35:16 interfaced [1] - 36:13 internal [1] - 11:24 intro [1] - 7:13 introduce [1] - 9:6 inventory [1] - 8:12 invest [1] - 8:17 investing [1] - 24:17 investment [1] - 10:12 investments [1] - 7:11 involved [1] - 28:24 ish [1] - 30:14 isolated [1] - 35:14 issue [1] - 15:16 issues [4] - 15:12, 26:8, 38:16, 38:18 J J.C [4] - 4:4, 7:7, 7:10, 9:3 James [1] - 2:17 January [1] - 26:15 Jensen [1] - 2:17 Joe [1] - 2:5 JOHN [2] - 4:9, 37:18 John [3] - 2:2, 32:15, 37:16 joined [1] - 7:14 Jori [1] - 2:12 July [1] - 47:4 June [1] - 1:20 K KATHLEEN [1] - 3:3 KATIE [2] - 4:6, 15:20 Katie [3] - 7:14, 15:17, 32:1 keep [1] - 24:9 Kelaka [2] - 37:21 Ken [3] - 2:3, 19:21, 41:19 KENDALL [1] - 1:7 kids [1] - 39:16 kind [21] - 9:8, 9:9, 9:16, 10:22, 11:3, 11:5, 11:7, 11:8, 12:7, 12:14, 12:17, 16:15, 16:17, 16:21, 19:1, 20:23, 23:3, 23:5, 24:13, 30:20, 33:8 knowledge [2] - 28:4, 36:16 knows [1] - 37:11 KOCH [15] - 19:19, 19:23, 30:4, 30:18, 31:8, 32:15, 33:15, 33:17, 34:1, 34:14, 34:16, 34:19, 39:23, 40:12, 41:21 Koch [2] - 2:3, 30:3 Krysti [4] - 2:20, 5:10, 6:14, 41:3 Kurt [2] - 8:22, 9:4 KURT [3] - 3:7, 4:5, 9:1 Kylyn's [2] - 37:10, 38:2 L labor [2] - 27:9, 28:5 land [6] - 17:8, 18:9, 20:22, 23:16, 23:19, 26:11 landlord [1] - 17:3 landscape [2] - 13:24, 15:7 landscaping [2] - 12:9, 15:24 large [1] - 39:13 larger [1] - 43:17 LASALLE [1] - 46:2 last [6] - 27:6, 31:16, 34:10, 34:11, 38:12, 44:23 law [1] - 9:4 lead [1] - 25:23 learn [1] - 41:8 lease [1] - 17:11 leases [1] - 17:12 leasing [3] - 8:7, 17:4, 23:2 Leland [1] - 47:4 less [3] - 19:4, 19:5, 23:1 lesser [1] - 19:16 level [5] - 9:9, 9:16, 10:11, 12:7, 12:17 License [1] - 3:24 life [1] - 29:6 line [1] - 14:24 lined [1] - 26:10 lines [1] - 9:24 linked [1] - 16:13 live [2] - 35:11, 36:16 local [2] - 7:17, 8:8 long-term [2] - 17:11, 34:8 look [10] - 11:9, 12:7, 12:19, 12:20, 15:4, 15:8, 17:14, 23:20, 23:23, 31:2 looked [2] - 13:5, 14:9 looking [15] - 6:2, 12:13, 13:4, 13:12, 14:6, 15:2, 17:17, 20:15, 21:7, 21:15, 27:22, 30:23, 31:5, 32:8, 43:2 looks [4] - 11:21, 12:12, 33:3, 33:8 loop [2] - 19:6, 19:7 low [1] - 40:18 lower [1] - 18:14 LTD [1] - 3:2 M M-2 [3] - 6:2, 10:16, 10:22 machine [1] - 46:8 Marek [1] - 2:7 mass [2] - 26:7, 26:19 master [1] - 5:22 materials [1] - 11:14 math [1] - 20:11 Matt [1] - 2:7 matter [1] - 22:4 MAYOR [88] - 5:5, 5:14, 6:14, 6:16, 6:19, 6:21, 7:6, 8:24, 12:22, 13:1, 13:5, 13:9, 14:13, 14:18, 14:21, 18:4, 18:23, 19:14, 19:21, 20:2, 20:5, 21:2, 21:6, 21:10, 21:14, 21:17, 21:20, 21:24, 22:13, 23:8, 23:12, 23:14, 23:21, 24:2, 24:21, 24:23, 25:3, 25:6, 25:10, 25:13, 25:17, 25:20, 26:13, 26:21, 27:2, 27:5, 27:14, 27:18, 27:21, 28:1, 28:7, 28:11, 29:4, 29:14, 29:17, 29:23, 30:2, 31:9, 31:12, 32:7, 32:12, 32:16, 32:21, 33:16, 35:2, 35:4, 37:3, 37:6, 37:14, 37:17, 38:9, 38:14, 39:24, 41:1, 41:3, 41:7, 41:12, 41:19, 41:22, 42:4, 42:17, 43:5, 44:2, 44:11, 44:21, 45:1, 45:4, 45:8 Mayor [1] - 2:2 mean [7] - 20:13, 33:23, 34:4, 34:9, 34:12, 36:19, 39:19 means [1] - 46:8 measuring [1] - 24:16 mechanical [2] - 12:2, 16:4 medium [1] - 40:20 meeting [5] - 6:5, 27:6, 29:19, 29:24, 38:12 MEETING [1] - 1:9 meetings [1] - 38:12 member [1] - 8:16 members [2] - 7:2, 27:7 memo [1] - 9:14 mentioned [3] - 6:1, 10:15, 38:15 metal [1] - 11:14 metals [1] - 31:17 methodology [1] - 16:8 mic [3] - 13:10, 14:15, 19:21 microphone [3] - 29:20, 32:17, 35:5 might [7] - 7:2, 33:4, 33:7, 34:17, 38:6, 39:5, 39:20 mil [1] - 20:24 milestone [1] - 30:17 million [7] - 6:9, 6:18, 20:10, 20:11, 20:12, 21:3, 21:4 mind [1] - 15:19 minds [1] - 24:10 minimal [2] - 39:21, 39:22 minute [2] - 35:23, 44:23 miss [1] - 44:22 missed [1] - 36:9 moment [1] - 32:4 months [3] - 26:24, 27:1, 30:12 most [2] - 16:15, 16:16 Most [1] - 26:1 move [1] - 16:21 moving [2] - 15:16, 43:20 MR [93] - 3:7, 7:5, 7:9, 9:3, 12:24, 13:22, 14:9, 14:16, 14:17, 14:20, 14:23, 15:9, 15:17, 16:10, 17:6, 18:13, 18:21, 18:24, 19:18, 20:1, 20:3, 21:22, 22:11, 22:16, 23:9, 23:13, 23:17, 24:1, 24:15, 24:22, 24:24, 25:5, 25:9, 25:11, 25:16, 25:19, 25:22, 26:18, 26:24, 27:4, 27:11, 27:17, 27:20, 27:24, 28:3, 28:9, 29:3, 29:13, 30:7, 30:21, 31:20, 31:24, 32:19, 33:1, 33:6, 33:11, 33:12, 33:23, 34:3, 34:15, 34:18, 34:21, 35:1, 35:10, 35:20, 36:1, 36:5, 36:9, 36:12, 36:13, 36:19, 36:20, 36:23, 37:1, 37:2, 37:10, 37:16, 37:20, 38:8, 38:13, 38:24, 39:3, 40:10, 40:17, 41:2, 41:11, 41:18, 42:1, 42:15, 43:4, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - June 24, 2025 4 43:7, 44:10, 45:6 MS [11] - 3:3, 5:12, 5:19, 6:15, 6:18, 6:20, 15:22, 17:24, 18:8, 32:3, 41:6 multiply [1] - 40:23 N name [7] - 5:18, 7:10, 9:3, 35:6, 35:10, 37:15, 39:5 Naper [1] - 3:3 Naperville [1] - 3:4 natural [1] - 34:24 nature [2] - 10:10, 38:5 necessarily [2] - 22:2, 23:4 need [5] - 22:22, 28:21, 29:8, 31:19, 34:8 needs [1] - 16:18 negotiation [1] - 28:22 neighbors [1] - 31:18 network [3] - 43:17, 43:19, 44:1 network's [1] - 43:19 new [1] - 42:10 next [3] - 16:2, 30:17, 31:3 nice [1] - 11:21 nine [1] - 44:6 NOBLE [8] - 5:12, 5:19, 6:15, 6:18, 6:20, 17:24, 18:8, 41:6 Noble [1] - 2:20 nobody [1] - 29:23 North [2] - 3:3, 37:21 north [2] - 9:20, 11:2 note [1] - 13:7 notes [1] - 32:8 nothing [1] - 31:18 number [8] - 8:2, 8:10, 20:24, 21:8, 24:22, 31:24, 32:2, 40:20 O O'Hare [1] - 8:14 obviously [1] - 9:9 occupying [1] - 36:17 October [1] - 30:14 October-ish [1] - 30:14 OF [3] - 1:6, 46:1, 46:2 off-site [1] - 39:17 offer [1] - 12:23 Olson [1] - 2:11 on-site [1] - 26:11 once [5] - 26:13, 30:5, 33:21, 41:23, 42:1 one [22] - 6:7, 16:2, 17:16, 18:18, 19:7, 20:19, 26:23, 27:7, 30:4, 31:2, 33:3, 34:22, 39:19, 39:24, 40:1, 40:17, 41:1, 41:10, 42:4, 43:8, 45:2 open [6] - 5:5, 5:8, 20:18, 21:5, 26:23, 29:18 opportunity [2] - 29:10, 29:12 orange [1] - 9:18 ordinance [1] - 18:6 organize [1] - 30:9 organized [1] - 27:8 original [1] - 46:22 ORR [1] - 3:3 OTTOSEN [1] - 3:2 outcome [1] - 46:20 outdated [1] - 8:2 outside [1] - 12:9 overall [2] - 10:2, 11:6 overblown [1] - 41:14 OVERFRANK [5] - 4:7, 32:19, 32:23, 33:1, 33:11 Overfrank [1] - 33:1 overview [4] - 6:11, 9:9, 9:16, 12:18 own [4] - 7:18, 10:5, 10:8, 30:19 owner [1] - 17:12 owning [1] - 8:6 P P.C [1] - 3:7 p.m [4] - 1:21, 5:3, 45:9, 45:13 packet [2] - 6:13, 9:14 pAGE [1] - 4:2 Pages [1] - 46:7 panels [2] - 11:14 parcels [1] - 5:21 parking [1] - 12:10 Parks [1] - 2:18 part [11] - 8:5, 13:7, 13:11, 13:16, 17:24, 21:23, 22:12, 30:11, 43:15, 43:16, 44:1 parties [1] - 46:19 parts [1] - 43:8 pass [1] - 8:22 passed [2] - 38:11, 38:22 pay [2] - 29:2, 43:11 paying [1] - 22:2 payment [1] - 43:12 people [8] - 27:16, 36:11, 36:14, 36:16, 40:13, 43:2, 44:12, 44:14 per [13] - 13:12, 20:13, 24:18, 31:7, 31:22, 40:14, 40:21, 40:22, 41:1, 41:4, 41:10, 41:23, 42:2 percentage [1] - 20:17 perfect [1] - 7:5 perhaps [1] - 18:19 perimeter [1] - 15:6 perimeters [2] - 14:1, 14:5 period [1] - 36:8 person [2] - 2:1, 44:15 personal [1] - 46:11 perspective [3] - 18:12, 23:3, 23:5 pervious [1] - 21:16 petitioner [4] - 5:12, 5:19, 6:1, 6:10 Petitioner [1] - 3:10 phase [5] - 10:5, 10:7, 24:5, 25:15 phased [1] - 6:7 phases [2] - 10:4, 25:14 phone [1] - 15:18 phonetic [1] - 33:2 phonetic) [1] - 37:16 pick [1] - 20:7 picture [1] - 8:20 pictures [1] - 33:3 pipeline [1] - 8:1 place [2] - 35:23, 46:15 plan [14] - 5:22, 6:4, 6:6, 6:7, 6:8, 10:2, 10:17, 13:12, 13:20, 15:2, 16:16, 21:21, 22:9, 39:6 Plan [1] - 10:20 planned [2] - 6:3, 10:17 planning [3] - 13:16, 18:1, 18:9 plans [4] - 20:17, 20:18, 22:7, 42:13 pleasing [1] - 12:15 Plocher [1] - 2:5 plots [1] - 37:22 point [8] - 16:19, 17:2, 19:11, 22:22, 26:21, 34:9, 39:19, 43:17 Pointe [1] - 1:16 Police [1] - 2:17 ponds [1] - 10:9 portfolio [2] - 7:23, 8:4 position [1] - 42:9 positive [2] - 28:17, 39:12 possible [1] - 33:22 power [8] - 22:19, 22:23, 23:3, 23:6, 23:18, 35:14, 35:15, 35:18 Prairie [1] - 1:16 predominantly [1] - 8:13 preliminary [3] - 6:4, 10:17, 16:11 presence [2] - 7:18, 8:8 PRESENT [2] - 2:1, 2:10 presentation [3] - 5:10, 5:13, 7:1 presentations [1] - 10:24 presented [2] - 6:7, 18:15 pretty [3] - 23:23, 34:7, 34:12 previous [1] - 22:1 prices [1] - 43:20 pricing [1] - 43:20 primarily [2] - 11:12, 16:7 private [2] - 17:17, 17:22 proceedings [3] - 5:2, 45:11, 46:13 process [8] - 9:10, 16:22, 21:23, 25:21, 25:23, 26:5, 30:5, 30:9 project [11] - 6:11, 8:23, 11:2, 11:3, 12:21, 24:14, 30:19, 31:7, 33:21, 38:19, 38:20 Project [5] - 3:10, 5:6, 9:6, 11:1, 38:16 projected [1] - 25:8 projections [1] - 25:2 projects [6] - 14:8, 14:11, 15:1, 16:15, 27:23, 28:6 Prologis [8] - 3:10, 5:6, 5:20, 7:11, 7:13, 7:16, 9:5, 10:3 properties [1] - 37:13 property [5] - 9:17, 9:22, 10:14, 13:14, 25:6 proposed [3] - 12:6, 13:21, 18:17 proposing [1] - 10:3 provide [1] - 16:1 public [15] - 5:2, 5:6, 5:7, 7:2, 10:8, 24:12, 28:12, 29:18, 37:4, 38:20, 44:22, 45:9, 45:12, 46:6, 46:14 PUBLIC [1] - 1:10 Public [1] - 2:16 PUD [1] - 6:4 PURCELL [88] - 5:5, 5:14, 6:14, 6:16, 6:19, 6:21, 7:6, 8:24, 12:22, 13:1, 13:5, 13:9, 14:13, 14:18, 14:21, 18:4, 18:23, 19:14, 19:21, 20:2, 20:5, 21:2, 21:6, 21:10, 21:14, 21:17, 21:20, 21:24, 22:13, 23:8, 23:12, 23:14, 23:21, 24:2, 24:21, 24:23, 25:3, 25:6, 25:10, 25:13, 25:17, 25:20, 26:13, 26:21, 27:2, 27:5, 27:14, 27:18, 27:21, 28:1, 28:7, 28:11, 29:4, 29:14, 29:17, 29:23, 30:2, 31:9, 31:12, 32:7, 32:12, 32:16, 32:21, 33:16, 35:2, 35:4, 37:3, 37:6, 37:14, 37:17, 38:9, 38:14, 39:24, 41:1, 41:3, 41:7, 41:12, 41:19, 41:22, 42:4, 42:17, 43:5, 44:2, 44:11, 44:21, 45:1, 45:4, 45:8 Purcell [1] - 2:2 purely [2] - 19:24, 20:1 put [3] - 24:13, 34:1, 40:11 putting [1] - 24:19 Q questions [19] - 7:1, 7:3, 12:19, 13:1, 13:7, 16:11, 21:18, 29:15, 29:19, 31:9, 32:9, 32:14, 35:2, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - June 24, 2025 5 35:12, 37:3, 37:23, 39:4, 44:18, 45:7 quick [1] - 13:7 R R-2 [1] - 41:4 rack [1] - 17:10 radius [1] - 43:24 raising [1] - 44:22 rate [1] - 43:24 rated [1] - 8:4 rates [4] - 42:20, 42:24, 44:13, 44:16 rather [1] - 28:19 real [4] - 7:17, 20:14, 28:16, 41:17 realigned [1] - 13:18 realignment [1] - 13:20 really [7] - 12:14, 22:3, 31:19, 33:22, 39:11, 41:12, 41:17 received [1] - 24:7 recently [2] - 38:10, 38:22 record [2] - 5:18, 46:12 Recreation [1] - 2:18 reduced [1] - 46:9 redundant [1] - 9:13 refine [1] - 25:1 refined [1] - 16:21 refueling [1] - 36:7 regarding [1] - 18:5 region [1] - 44:8 reiterate [2] - 15:23, 31:17 related [2] - 38:16, 38:19 relative [2] - 46:16, 46:17 remainder [1] - 23:16 rendering [1] - 11:8 renting [1] - 36:11 reported [1] - 46:7 REPORTED [1] - 3:23 Reporter [1] - 46:4 represent [1] - 9:5 reproduced [1] - 47:1 request [1] - 6:2 requested [1] - 16:5 requirement [1] - 18:9 research [1] - 34:19 resident [1] - 33:2 residential [1] - 15:14 residents [1] - 37:10 response [11] - 21:19, 29:16, 29:22, 30:1, 31:11, 32:11, 35:3, 37:5, 44:20, 44:24, 45:3 responsibility [1] - 47:1 restriction [1] - 15:13 restrictions [2] - 38:11, 38:22 retention [1] - 10:9 revenue [2] - 39:13, 39:15 review [1] - 18:1 reviewing [1] - 31:3 revised [2] - 6:6, 6:7 rezone [1] - 10:16 rezoning [1] - 6:2 Ridge [3] - 37:11, 38:2 rights [1] - 11:22 rights-of-way [1] - 11:22 Road [6] - 9:19, 9:20, 10:1, 11:18, 13:18, 37:23 road [1] - 13:15 roads [4] - 10:9, 12:13, 38:14, 39:2 Rob [2] - 2:15, 37:22 rooftop [1] - 12:2 Rose [1] - 37:16 ROSE [6] - 4:9, 37:10, 37:16, 37:18, 37:20, 38:24 roughly [2] - 31:23, 40:14 routing [3] - 39:6, 39:8, 39:11 Roy [1] - 37:22 rules [1] - 27:7 run [5] - 6:23, 7:10, 36:3, 44:5 running [3] - 31:7, 33:13, 40:22 Rusty [2] - 2:8, 2:9 S SANDERSON [1] - 18:13 Sanderson [1] - 2:22 sanitary [1] - 31:15 School [1] - 24:5 school [5] - 28:16, 28:23, 29:1, 29:8, 39:15 schools [3] - 28:17, 29:8, 39:16 Scouts [1] - 8:18 screened [1] - 12:3 second [2] - 38:15, 43:15 see [5] - 11:23, 12:8, 32:17, 34:17, 38:3 seeking [3] - 5:20, 10:13, 10:15 seem [1] - 20:14 sense [2] - 31:2, 39:8 separate [1] - 35:18 separation [1] - 17:21 series [2] - 33:11, 33:12 server [1] - 17:10 services [1] - 39:14 set [1] - 47:3 seven [1] - 41:10 several [2] - 9:11, 27:15 shift [1] - 42:3 shifts [2] - 40:21, 42:2 Shorthand [1] - 46:4 shorthand [1] - 46:9 show [1] - 12:6 shows [1] - 6:7 shut [1] - 40:16 side [1] - 13:13 signed [1] - 46:23 similar [1] - 23:5 simultaneously [1] - 46:9 sit [2] - 34:5, 37:12 site [13] - 10:2, 16:16, 17:13, 17:15, 21:13, 21:16, 23:1, 23:11, 26:7, 26:11, 39:8, 39:17, 39:21 situation [1] - 35:19 six [1] - 10:4 sizable [1] - 24:22 size [1] - 34:11 slide [1] - 9:19 solar [1] - 22:6 Soling [1] - 2:4 SOLING [4] - 31:14, 31:21, 32:6, 34:22 someday [1] - 44:6 sometimes [1] - 7:2 somewhere [1] - 43:1 sorry [2] - 32:16, 32:17 Sorry [4] - 14:16, 14:17, 14:18, 32:19 sort [2] - 34:2, 36:2 South [2] - 3:8, 37:21 south [3] - 9:20, 9:24, 11:3 space [5] - 7:19, 17:4, 20:18, 21:5, 36:11 special [1] - 6:3 specific [3] - 15:5, 16:18, 40:1 specifically [1] - 15:3 specifics [1] - 19:10 specified [1] - 46:15 sprinkling [1] - 8:13 square [13] - 6:9, 6:16, 6:18, 7:18, 8:12, 17:16, 20:9, 20:11, 20:20, 20:21, 20:22, 21:12, 23:4 SS [1] - 46:1 staff [4] - 9:14, 15:10, 16:5, 17:20 staffing [1] - 39:1 Stagner [1] - 35:10 STAGNER [8] - 4:8, 35:8, 35:10, 36:1, 36:9, 36:13, 36:20, 37:1 start [5] - 5:14, 9:10, 26:14, 26:17, 26:22 STATE [1] - 46:1 state [4] - 5:18, 27:7, 35:6, 37:14 State [1] - 46:4 statement [1] - 19:2 States [1] - 7:24 stay [1] - 17:12 stays [1] - 19:7 Steel [4] - 3:10, 5:6, 9:7, 38:17 Steel-Prologis [2] - 3:10, 5:6 stenographically [1] - 46:8 step [5] - 6:23, 14:14, 29:20, 32:17, 35:5 still [2] - 18:16, 26:16 storage [2] - 33:4, 33:7 stories [1] - 11:10 story [1] - 6:8 Street [1] - 3:8 street [1] - 42:6 strongly [2] - 24:4 studies [1] - 30:8 studying [1] - 43:10 subdivision [4] - 37:11, 38:23, 40:5, 40:8 subdivisions [1] - 41:15 submarket [1] - 8:15 subsection [1] - 9:24 substation [2] - 10:6, 26:12 successful [1] - 16:15 suitable [1] - 38:2 Suite [2] - 3:3, 3:8 super [1] - 44:5 supply [1] - 42:20 support [1] - 37:24 surrounding [1] - 39:9 switch [1] - 34:4 system [10] - 18:17, 19:2, 19:6, 19:24, 28:17, 29:8, 33:4, 33:7, 34:2, 43:11 systems [4] - 18:6, 19:7, 19:8, 33:19 T tall [1] - 11:10 tax [1] - 25:2 taxes [2] - 25:7, 25:8 tech [1] - 5:22 technology [8] - 16:8, 18:10, 18:15, 22:5, 22:14, 22:17, 33:18, 34:7 ten [3] - 40:20, 42:2, 44:3 tenants [2] - 8:7, 36:20 term [2] - 17:11, 34:8 terms [1] - 38:6 testified [6] - 7:8, 9:2, 15:21, 32:24, 35:9, 37:19 testimony [1] - 46:12 themselves [1] - 24:17 therefore [4] - 26:12, 28:15, 43:20, 43:23 thereof [1] - 46:23 thinking [2] - 32:20, 32:22 third [2] - 22:14, 30:10 three [10] - 8:11, 10:4, 25:14, 30:11, 34:10, 36:8, 40:21, 41:4, 41:9, 42:2 three-day [1] - 36:8 throwing [1] - 18:24 tilt [1] - 11:13 tilt-up [1] - 11:13 Tim [1] - 2:18 timeline [2] - 30:15, 30:17 today [1] - 7:12 together [1] - 31:5 tonight [2] - 6:10, 9:6 tonight's [1] - 6:5 total [1] - 8:11 totaling [2] - 5:21, 6:9 Tots [1] - 8:18 town [2] - 29:7, 43:2 Toys [1] - 8:18 traffic [16] - 37:24, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - June 24, 2025 6 38:3, 38:4, 38:5, 38:11, 38:16, 38:23, 39:11, 39:18, 39:22, 40:4, 40:7, 41:12, 41:13, 41:15, 41:17 transcript [2] - 46:7, 46:23 transcription [1] - 46:10 transmission [1] - 9:23 transportation [1] - 13:17 treated [1] - 20:3 truck [4] - 37:24, 38:3, 38:11, 38:22 trucks [4] - 26:19, 38:1, 39:10, 42:6 true [1] - 46:12 try [2] - 9:13, 9:15 trying [1] - 20:7 Tuesday [1] - 1:20 turn [1] - 5:15 two [14] - 6:8, 8:2, 11:10, 20:16, 20:18, 25:16, 25:17, 25:21, 25:22, 25:23, 26:17, 38:12, 41:9, 43:8 two-story [1] - 6:8 two-year [3] - 25:21, 25:22, 25:23 type [4] - 16:8, 19:20, 19:23, 27:10 types [1] - 21:16 typewriting [1] - 46:10 U under [4] - 8:3, 46:11, 46:24, 47:2 understood [1] - 29:3 union [2] - 27:16, 28:5 unions [1] - 27:9 unit [4] - 6:3, 10:17, 33:8, 34:6 United [3] - 3:5, 7:23, 10:12 UNITED [1] - 1:6 unless [1] - 44:4 up [19] - 5:17, 6:23, 11:13, 18:4, 20:23, 21:24, 26:10, 29:18, 31:7, 33:17, 37:12, 40:1, 40:6, 42:21, 42:24, 43:20, 44:7, 44:13, 44:16 upfront [3] - 29:1, 43:12 upwards [1] - 24:18 usage [1] - 19:13 user [1] - 17:2 users [3] - 17:4, 17:11, 24:16 uses [1] - 21:16 utility [3] - 25:8, 43:17, 43:18 utilize [2] - 22:23, 23:17 utilizing [2] - 23:6, 23:7 V vacated [1] - 13:12 value [3] - 10:11, 22:18, 24:13 versus [3] - 18:7, 18:10, 41:10 via [2] - 2:1, 46:10 viability [1] - 34:9 VITOSH [2] - 46:3, 47:9 Vitosh [2] - 3:23, 47:8 volt [1] - 44:6 volunteering [1] - 8:18 W Walt [1] - 35:10 WALT [2] - 4:8, 35:8 water [18] - 18:7, 18:10, 18:14, 18:16, 19:1, 19:3, 19:5, 19:6, 19:12, 19:13, 19:17, 19:19, 19:24, 20:1, 20:4, 20:8, 31:14 weeds [1] - 15:19 west [1] - 9:21 WHEREOF [1] - 47:3 WHEREUPON [1] - 5:1 whole [7] - 10:21, 23:7, 29:6, 31:1, 40:13, 44:1, 44:7 wholesale [1] - 43:19 Willrett [1] - 2:13 wipe [1] - 42:13 WITNESS [2] - 4:2, 47:3 Witt [1] - 7:10 WITT [74] - 4:4, 7:5, 7:7, 7:9, 14:9, 14:17, 14:23, 15:9, 15:17, 16:10, 17:6, 18:21, 18:24, 19:18, 20:1, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - June 24, 2025 7 20:3, 21:22, 22:11, 22:16, 23:9, 23:13, 23:17, 24:1, 24:15, 24:22, 24:24, 25:5, 25:9, 25:11, 25:16, 25:19, 25:22, 26:18, 26:24, 27:4, 27:11, 27:17, 27:20, 27:24, 28:3, 28:9, 29:3, 29:13, 30:7, 30:21, 31:20, 31:24, 33:6, 33:12, 33:23, 34:3, 34:15, 34:18, 34:21, 35:1, 35:20, 36:5, 36:12, 36:19, 36:23, 37:2, 38:8, 39:3, 40:10, 40:17, 41:2, 41:11, 41:18, 42:1, 42:15, 43:4, 43:7, 44:10, 45:6 wondering [2] - 34:16, 38:4 Works [1] - 2:16 works [1] - 36:4 world [2] - 22:21, 23:1 write [1] - 29:1 Y yards [1] - 12:1 year [7] - 8:19, 25:21, 25:22, 25:23, 26:9, 26:24, 44:3 years [8] - 8:6, 22:10, 23:15, 25:16, 25:17, 26:17, 27:2, 44:3 YORKVILLE [1] - 1:6 Yorkville [11] - 1:17, 3:6, 5:22, 10:12, 10:13, 24:5, 33:2, 35:11, 42:11, 43:1, 44:8 young [1] - 23:23 Z zoning [1] - 40:3 Zoom [3] - 2:1, 27:8, 32:10 zoomland [1] - 45:1 Zoomland [1] - 45:2 Prologis Data Center Development Overview JUNE 2025 | PROJECT STEEL CONFIDENTIAL Other Americas 128 MSF 624 buildings 2,167 acres U.S. 797 MSF 3,813 buildings 8,076 acres Europe 248 MSF 1,139 buildings 2,229 acres Asia 115 MSF 290 buildings 332 acres 2 Experience + Scale 40+ years real estate and development expertise 1.3B square feet portfolio across 20 countries $198B assets under management 25+ years data center experience A3/A credit rating 30+ data centers in portfolio PROLOGIS PORTFOLIO $2B spend since 2021 on data center development 500MW data centers completed or under construction since 2021 CONFIDENTIAL MARKET 3 Chicago Market Community Involvement ABOUT US 4 Toys for Tots Support Over Stigma Smile Farms Boy Scouts of America Greater Chicago Food Depository Nourishing Hope Rise Against Hunger Project Steel – 540 Acre Site ComEd Plano Substation ComEd ROW 345 kV Line Project Steel CONFIDENTIAL KEY FEATURES 18 Data Center Buildings 3 Major Phases 3 Substations ~6.8M SF buildout 15-20 -year project timeline Proposed M2 Zoning Site Plan 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 – July 22, 2025 Majority Approval Amy Simmons Finance Name Department 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 07/14/25UNITED CITY OF YORKVILLE TIME: 09:37:00CHECK REGISTER PRG ID: AP215000 CHECK DATE: 07/22/25 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543206 BFCONSTR B&F CONSTRUCTION CODE SERVICES 20883 05/19/25 01 APR 2025 INSPECTIONS 01-220-54-00-5459 2,800.00 INVOICE TOTAL: 2,800.00 * CHECK TOTAL: 2,800.00543207 CAMBRIA CAMBRIA SALES COMPANY INC. 44039 01/24/25 01 PAPER TOWEL 52-520-56-00-5620 108.54 INVOICE TOTAL: 108.54 * CHECK TOTAL: 108.54543208 OSWEGO VILLAGE OF OSWEGO 3185 07/08/25 01 TRAINING COORDINATOR SALARY 01-210-54-00-5413 4,286.63 02 REIMBURSEMENT FOR MAR 2025 ** COMMENT **INVOICE TOTAL: 4,286.63 * 3186 07/08/25 01 TRAINING COORDINATOR SALARY 01-210-54-00-5413 4,286.63 02 REIMBURSEMENT FOR APR 2025 ** COMMENT **INVOICE TOTAL: 4,286.63 * CHECK TOTAL: 8,573.26TOTAL AMOUNT PAID: 11,481.80)<Page 1 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: 07/08/25TIME: 08:57:32UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001 INVOICES DUE ON/BEFORE 07/11/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 543201 GERLB BRETT GERL 06/28-07/0107/03/25 01 UMPIRE79-795-54-00-546280.00 INVOICE TOTAL:80.00 * CHECK TOTAL:80.00D004276 GOLINSKA ANDREW GOLINSKI 06/28-07/0107/03/25 01 UMPIRE79-795-54-00-546280.00 INVOICE TOTAL:80.00 * DIRECT DEPOSIT TOTAL:80.00 543202 GROOT GROOT INC 14520518T10206/01/25 01 MAY 2025 REFUSE SERVICE 01-540-54-00-5442162,905.53 02 MAY 2025 SENIOR REFUSE SERVICE 01-540-54-00-54414,514.29 INVOICE TOTAL:167,419.82 * CHECK TOTAL:167,419.82 543203 IMPERINV IMPERIAL INVESTMENTS FS PROPERTY-2 OF 6 07/03/25 01 FS PROPERTY INSTALLMENT89-890-94-00-8000150,000.00 02 CONTRACT PAYMENT 2 OF 6** COMMENT **INVOICE TOTAL:150,000.00 * CHECK TOTAL:150,000.00D004277 MATSONT THOMAS MATSON 06/28-07/0107/03/25 01 UMPIRE79-795-54-00-546280.00 INVOICE TOTAL:80.00 * DIRECT DEPOSIT TOTAL:80.00FY 26Page 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: 07/08/25TIME: 08:57:32UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001 INVOICES DUE ON/BEFORE 07/11/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004278 MEIERJ JACKSON MEIER 06/28-07/0107/03/25 01 UMPIRE79-795-54-00-5462165.00 INVOICE TOTAL:165.00 * DIRECT DEPOSIT TOTAL:165.00D004279 OLEARYM MARTIN J. O'LEARY 06292507/02/25 01 REFEREE79-795-54-00-5462100.00 INVOICE TOTAL:100.00 * DIRECT DEPOSIT TOTAL:100.00D004280 OLSONM MARK OLSON 06/28-07/0107/03/25 01 UMPIRE79-795-54-00-546280.00 INVOICE TOTAL:80.00 * DIRECT DEPOSIT TOTAL:80.00 543204 PILKINGP PAYTON M PILKINGTON 06/28-07/0107/03/25 01 UMPIRE79-795-54-00-546280.00 INVOICE TOTAL:80.00 * CHECK TOTAL:80.00 543205 WEXWEX BANK 10573306506/30/25 01 JUNE 2025 GASOLINE01-210-56-00-56956,759.44 02 JUNE 2025 GASOLINE01-220-56-00-5695876.90 INVOICE TOTAL:7,636.34 * CHECK TOTAL:7,636.34D004275 TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:325,216.16505.00325,721.16FY 26Page 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: 07/14/25TIME: 10:41:33UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/18/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004284 DIETERG GARY M. DIETER 07092507/09/25 01 UMPIRE79-795-54-00-5462150.00 INVOICE TOTAL:150.00 * DIRECT DEPOSIT TOTAL:150.00543276 FENILIJ JOSHUA FENILI 07102507/10/25 01 UMPIRE79-795-54-00-546284.00 INVOICE TOTAL:84.00 * CHECK TOTAL:84.00543277 JSCONST J & S CONSTRUCTION 070325-PAY 4 07/03/25 01 ENGINEERS PAYMENT ESTIMATE 4 51-510-60-00-6024170,045.25 02 FOR ELDAMAIN WATER MAIN LOOP ** COMMENT **03 NORTH CONTRACT** COMMENT **INVOICE TOTAL:170,045.25 * CHECK TOTAL:170,045.25D004285 OLEARYM MARTIN J. O'LEARY 07092507/09/25 01 UMPIRE79-795-54-00-5462150.00 INVOICE TOTAL:150.00 * DIRECT DEPOSIT TOTAL:150.00D004286 PATTONS SHANE PATTON 07092507/09/25 01 UMPIRE79-795-54-00-5462110.00 INVOICE TOTAL:110.00 * DIRECT DEPOSIT TOTAL:110.00FY 26Page 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: 07/14/25TIME: 10:41:33UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/18/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004287 RIEHIEMG GRANT RIEHLE-MOELLER 07092507/09/25 01 UMPIRE79-795-54-00-5462100.00 INVOICE TOTAL:100.00 * DIRECT DEPOSIT TOTAL:100.00543278 RIETZR ROBERT L. RIETZ JR. 07092507/09/25 01 UMPIRE79-795-54-00-5462100.00 INVOICE TOTAL:100.00 * 07102507/10/25 01 UMPIRE79-795-54-00-546284.00 INVOICE TOTAL:84.00 * CHECK TOTAL:184.00543279 VOITIKM MICHAEL VOITIK 07102507/10/25 01 UMPIRE79-795-54-00-546284.00 INVOICE TOTAL:84.00 * CHECK TOTAL:84.00543280 WINNINGE WINNINGER EXCAVATING INC. 070125-PAY 3 07/14/25 01 ENGINEERS PAYMENT ESTIMATE 3 51-510-60-00-6024425,680.81 02 FOR ELDAMAIN WATER MAIN LOOP ** COMMENT **03 SOUTH CONTRACT** COMMENT **INVOICE TOTAL:425,680.81 * CHECK TOTAL:425,680.81596,078.06510.00TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:596,588.06FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543209 5STARSOC 5 STAR SOCCER CAMPS INC 6262506/26/25 01 JUN 2025 SOCCER CAMPS79-795-54-00-54623,049.23 INVOICE TOTAL:3,049.23 * CHECK TOTAL:3,049.23543210 7THHEAVE RICHARD HOFHERR 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56204,500.00 INVOICE TOTAL:4,500.00 * CHECK TOTAL:4,500.00543211 AACVB AURORA AREA CONVENTION 05/25-SUNSET 06/27/25 01 SUNSET HOTEL TAX-MAY 2025 01-640-54-00-54818.10 INVOICE TOTAL:8.10 * 06/25-ALL06/10/25 01 ALL SEASON HOTEL TAX-JUN 2025 01-640-54-00-548165.05 INVOICE TOTAL:65.05 * CHECK TOTAL:73.15543212 AEPENERG AEP ENERGY 3025129021-070825 07/08/25 01 06/03-07/02 610 TOWER WELLS 51-510-54-00-54809,359.96 INVOICE TOTAL:9,359.96 * 3025129054-062325 06/23/25 01 05/21-06/20 2702 MILL RD 51-510-54-00-54807,788.66 INVOICE TOTAL:7,788.66 * CHECK TOTAL:17,148.62543213 ALLSTAR ALL STAR SPORTS INSTRUCTION 25402807/01/25 01 SUMMER SESSION 1 CLASS79-795-54-00-54627,981.00 FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543213 ALLSTAR ALL STAR SPORTS INSTRUCTION 25402807/01/25 02 INSTRUCTION ** COMMENT ** INVOICE TOTAL:7,981.00 * CHECK TOTAL:7,981.00543214 AMALGAMA AMALGAMATED BANK OF CHICAGO 5834072507/01/25 01 BOND SERIES 2015A ADMIN FEE 51-510-54-00-5498349.32 02 BOND SERIES 2015A ADMIN FEE 87-870-54-00-5498125.68 INVOICE TOTAL:475.00 * CHECK TOTAL:475.00543215 AMENGLLI ERIC SUSZYNSKI 2025 HTD07/09/25 01 2025 HTD BAND FINAL PAYMENT 79-795-56-00-56022,375.00 INVOICE TOTAL:2,375.00 * CHECK TOTAL:2,375.00D004282 ANTPLACE ANTHONY PLACE YORKVILLE LP AUG 202507/08/25 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427390.00 02 ASSISTANCE PROGRAM RENT** COMMENT **03 REIMBURSEMENT FOR THE MONTH OF ** COMMENT **04 AUG 2025** COMMENT **INVOICE TOTAL:390.00 * DIRECT DEPOSIT TOTAL:390.00543216 ATTAT&T 6305536805-0625 06/25/25 01 06/25-07/24 RIVERFRONT PARK 79-795-54-00-5440231.33 INVOICE TOTAL:231.33 * CHECK TOTAL:231.33FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543217 BFCONSTR B&F CONSTRUCTION CODE SERVICES 2105406/30/25 01 MAY 2025 INSPECTIONS01-220-54-00-54592,840.00 INVOICE TOTAL:2,840.00 * CHECK TOTAL:2,840.00543218 BIRDCHLD BIRDCHILD LLC 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56202,000.00 INVOICE TOTAL:2,000.00 * CHECK TOTAL:2,000.00543219 CAMBRIA CAMBRIA SALES COMPANY INC. 4418206/27/25 01 PAPER TOWEL52-520-56-00-5620218.04 INVOICE TOTAL:218.04 * CHECK TOTAL:218.04543220 CAROUSEL HARY WARNER 2025 HTD CAR SHOW 07/09/25 01 2025 HOMETOWN DAYS CAR SHOW 79-795-56-00-5602585.00 INVOICE TOTAL:585.00 * CHECK TOTAL:585.00543221 COMED COMMONWEALTH EDISON 0505912000-0625 07/01/25 01 05/30-06/30 1908 RAINTREE 51-510-54-00-5480150.00 INVOICE TOTAL:150.00 * 3059341222-0525 06/18/25 01 05/16-06/17 9257 GALENA PARK 79-795-54-00-548043.61 INVOICE TOTAL:43.61 * 3387801111-0625 07/01/25 01 05/30-06/30 872 PRAIRIE CR 79-795-54-00-548084.75 INVOICE TOTAL:84.75 * FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543221 COMED COMMONWEALTH EDISON 3741450787-0625 07/01/25 01 06/02-07/01 1201 BADGER UNIT B 51-510-54-00-548053.77 INVOICE TOTAL:53.77 * 5336617000-0525 06/18/25 01 05/16-06/17 RT47 & ROSENWINKLE 23-230-54-00-548232.97 INVOICE TOTAL:32.97 * 6564924000-0625 06/23/25 01 05/21-06/20 421 POPLAR23-230-54-00-54823,937.73 INVOICE TOTAL:3,937.73 * 7581432222-0625 07/01/25 01 05/30-06/30 1107 PRAIRIE LIFT 52-520-54-00-5480153.67 INVOICE TOTAL:153.67 * 7706362222-0625 06/23/25 01 05/21-06/20 RT47 & KENNEDY 23-230-54-00-54821,336.26 INVOICE TOTAL:1,336.26 * 8273737000-0625 07/01/25 01 06/02-07/01 104 E VAN EMMON 79-795-54-00-5480566.69 INVOICE TOTAL:566.69 * 9193732222-0525 06/18/25 01 05/16-06/17 4600 N BRIDGE TANK 51-510-54-00-548042.63 INVOICE TOTAL:42.63 * CHECK TOTAL:6,402.08543222 CONTELEC CONSTELLATION TELECOM 537907/09/25 01 JUL 2025 ADMIN LINES01-110-54-00-5440252.52 02 JUL 2025 PUBLIC WORKS LINES 51-510-54-00-5440568.17 03 JUL 2025 SEWER DEPT. LINES 52-520-54-00-5440252.52 04 JUL 2025 RECREATION LINES 79-795-54-00-5440252.52 05 JUL 2025 TRAFFIC SIGNAL01-410-54-00-543563.13 06 MAINTEMANCE** COMMENT **INVOICE TOTAL:1,388.86 * CHECK TOTAL:1,388.86FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543223 COXLAND COX LANDSCAPING LLC 19272706/25/25 01 SUNFLOWER ESTATES MULCHING 12-112-54-00-54951,625.00 INVOICE TOTAL:1,625.00 * 19274307/07/25 01 MAY 2025 SUNFLOWER ESTATES 12-112-54-00-54951,500.00 02 MOWING** COMMENT **INVOICE TOTAL:1,500.00 * 19274407/07/25 01 JUN 2025 FOX HILL MOWING 11-111-54-00-54951,587.00 INVOICE TOTAL:1,587.00 * 19275207/08/25 01 SUNFLOWER ESTATES TREE REMOVAL 12-112-54-00-54952,150.00 INVOICE TOTAL:2,150.00 * CHECK TOTAL:6,862.00543224 EEIENGINEERING ENTERPRISES, INC. 8387206/25/25 01 N. RT47 IMPROVEMENTS01-640-54-00-54655,062.75 INVOICE TOTAL:5,062.75 * 8387306/25/25 01 TRAFFIC CONTROL SIGNAGE AND 01-640-54-00-54654,999.00 02 MARKINGS** COMMENT **INVOICE TOTAL:4,999.00 * 8387406/25/25 01 UTILITY PERMIT REVIEWS01-640-54-00-54652,231.74 INVOICE TOTAL:2,231.74 * 8387506/25/25 01 PRESTWICK01-640-54-00-5465292.50 INVOICE TOTAL:292.50 * 8387606/25/25 01 STORM WATER BASIN INSPECTIONS 01-640-54-00-54651,899.00 INVOICE TOTAL:1,899.00 * 8387706/25/25 01 GRANDE RESERVE-UNITS 26 & 27 90-147-00-00-0111218.75 INVOICE TOTAL:218.75 * 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543224 EEIENGINEERING ENTERPRISES, INC. 8387806/25/25 01 KENDALL MARKETPLACE LOT 52 90-154-00-00-0111146.25 02 PHASE 2 & 3** COMMENT **INVOICE TOTAL:146.25 * 8387906/25/25 01 GRANDE RESERVE UNIT 901-640-54-00-5465270.50 INVOICE TOTAL:270.50 * 8388006/25/25 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-01112,555.25 INVOICE TOTAL:2,555.25 * 8388106/25/25 01 WELL MONITORING DASHBOARDS 01-640-54-00-5465294.75 INVOICE TOTAL:294.75 * 8388206/25/25 01 BRISTOL BAY-UNIT 1390-179-00-00-011143.75 INVOICE TOTAL:43.75 * 8388306/25/25 01 CALEDONIA UNIT 390-188-00-00-0111726.75 INVOICE TOTAL:726.75 * 8388406/25/25 01 LAKR MICHIGAN CONNECTION- 51-510-60-00-6011376.50 02 CORROSION CONTROL STUDY** COMMENT **INVOICE TOTAL:376.50 * 8388506/25/25 01 PUBLIC WORKS SITE-BOOMBAH 24-216-60-00-604232,394.75 INVOICE TOTAL:32,394.75 * 8388606/25/25 01 WELL #10 AND RAW WATER MAIN 51-510-60-00-60296,777.00 INVOICE TOTAL:6,777.00 * 8388706/25/25 01 BRISTOL RIDGE SOLAR 10590-201-00-00-0111104.00 INVOICE TOTAL:104.00 * 8388806/25/25 01 2024 WATER MAIN REPLACEMENT-A 51-510-60-00-60251,021.00 INVOICE TOTAL:1,021.00 * CHECK TOTAL:59,414.24FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543225 EEIENGINEERING ENTERPRISES, INC. 8389006/25/25 01 SOUTHERN SANITARY SEWER52-520-60-00-602434,607.00 02 CONNECTION** COMMENT **INVOICE TOTAL:34,607.00 * CHECK TOTAL:34,607.00543226 EEIENGINEERING ENTERPRISES, INC. 8389106/25/25 01 QUIK TRIP GAS STATION90-208-00-00-0111371.00 INVOICE TOTAL:371.00 * 8389206/25/25 01 CENTER ST WATER MAIN EXTENSION 51-510-60-00-60252,704.75 INVOICE TOTAL:2,704.75 * 8389306/25/25 01 WELL #7 WTP ELECTRICAL51-510-60-00-6068588.00 02 IMPROVEMEMENTS** COMMENT **INVOICE TOTAL:588.00 * 8389406/25/25 01 KENDALL MARKETPLACE LOT 52 90-154-00-00-0111195.00 02 PHASE 4** COMMENT **INVOICE TOTAL:195.00 * 8389506/25/25 01 LAKE MICHIGAN-WIFIA LOAN APP, 51-510-60-00-60118,055.94 INVOICE TOTAL:8,055.94 * 8389606/25/25 01 RT47 UTILITY RELOCATION51-510-60-00-6039540.00 INVOICE TOTAL:540.00 * 8389706/25/25 01 YORKVILLE SOLAR90-212-00-00-01111,133.50 INVOICE TOTAL:1,133.50 * 8389806/25/25 01 CORNEILS RD SOLAR/BEECHER 90-216-00-00-01111,805.50 02 RD SOLAR** COMMENT **INVOICE TOTAL:1,805.50 * FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543226 EEIENGINEERING ENTERPRISES, INC. 8389906/25/25 01 GRANDE RESERVE UNIT 2190-222-00-00-01119,518.00 INVOICE TOTAL:9,518.00 * 8390006/25/25 01 GRANDE RESERVE UNIT 2890-244-00-00-011160.75 INVOICE TOTAL:60.75 * 8390106/25/25 01 2024 LOCAL ROAD PROGRAM23-230-60-00-60282,069.00 INVOICE TOTAL:2,069.00 * 8390206/25/25 01 PAVEMENT MANAGEMENT UPDATE 23-230-54-00-546511,689.60 INVOICE TOTAL:11,689.60 * 8390306/25/25 01 LM-SOUTH RECEIVING STATION 51-510-60-00-601142,607.75 INVOICE TOTAL:42,607.75 * 8390406/25/25 01 LM-SOUTH RECEIVING STATION 51-510-60-00-601112,714.25 02 STANDPIPE** COMMENT **INVOICE TOTAL:12,714.25 * 8390506/25/25 01 LM-NORTHWEST ELEVATED WATER 51-510-60-00-60112,597.50 02 STORAGE TANK** COMMENT **INVOICE TOTAL:2,597.50 * 8390606/25/25 01 LM-RT126 WATER MAIN51-510-60-00-601119,937.50 02 IMPROVEMENTS** COMMENT **INVOICE TOTAL:19,937.50 * 8390706/25/25 01 WESTBURY VILLAGE-NVR90-178-00-00-0111384.00 INVOICE TOTAL:384.00 * 8390806/25/25 01 VAN EMMON ST RESURFACING 23-230-60-00-608935,884.82 INVOICE TOTAL:35,884.82 * 8391006/25/25 01 GRANDE RESERVE UNITS 10 & 11 90-223-00-00-01111,376.50 INVOICE TOTAL:1,376.50 * FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543226 EEIENGINEERING ENTERPRISES, INC. 8391106/25/25 01 CYRUS ONE90-227-00-00-0111512.00 INVOICE TOTAL:512.00 * 8391206/25/25 01 YORKVILLE WATER RATE STUDY 51-510-54-00-54655,545.50 INVOICE TOTAL:5,545.50 * 8391306/25/25 01 QUIET ZONE STUDY-BNSF23-230-60-00-6069357.00 INVOICE TOTAL:357.00 * 8391406/25/25 01 FAXON ROAD RECONSTRUCTION 23-230-60-00-60463,858.50 INVOICE TOTAL:3,858.50 * 8391506/25/25 01 KENNEDY ROADWAY IMPROVEMENTS 23-230-60-00-60406,496.50 INVOICE TOTAL:6,496.50 * 8392606/25/25 01 2820 BEECHER SOLAR90-231-00-00-01111,950.50 INVOICE TOTAL:1,950.50 * 8392706/25/25 01 QUIET ZONE STUDY-DOWNTOWN 23-230-60-00-6069630.00 INVOICE TOTAL:630.00 * 8392806/25/25 01 2024 SANITARY SEWER LINING 52-520-60-00-6025163.50 INVOICE TOTAL:163.50 * 8392906/25/25 01 PIONEER DEVELOPMENT-PROJECT 90-242-00-00-011111,663.50 02 CARDINAL** COMMENT **INVOICE TOTAL:11,663.50 * 8393006/25/25 01 HEARTLAND MEADOWS WEST90-232-00-00-01111,542.75 INVOICE TOTAL:1,542.75 * 8393106/25/25 01 EAST ALLEY WATER MAIN51-510-60-00-602513,671.00 02 IMPROVEMENTS** COMMENT **INVOICE TOTAL:13,671.00 * FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543226 EEIENGINEERING ENTERPRISES, INC. 8393206/25/25 01 COSTCO90-239-00-00-01118,795.75 INVOICE TOTAL:8,795.75 * 8393306/25/25 01 KENNEDY RD & FREEDOM PLACE 23-230-60-00-6087985.00 02 INTERSECTION IMPROVEMENTS ** COMMENT **INVOICE TOTAL:985.00 * 8393406/25/25 01 DWC TRANSMISSION MAIN51-510-60-00-60111,417.00 INVOICE TOTAL:1,417.00 * CHECK TOTAL:211,821.86543227 EEIENGINEERING ENTERPRISES, INC. 8393506/25/25 01 ELDAMAIN WATER MAIN LOOP-N 51-510-60-00-602425,002.00 INVOICE TOTAL:25,002.00 * CHECK TOTAL:25,002.00543228 EEIENGINEERING ENTERPRISES, INC. 8393606/25/25 01 ELDAMAIN WATER MAIN LOOP-S 51-510-60-00-602435,235.75 INVOICE TOTAL:35,235.75 * 8393706/25/25 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-54652,659.75 INVOICE TOTAL:2,659.75 * 8393806/25/25 01 CHRISTIE PROPERTY90-243-00-00-0111348.25 INVOICE TOTAL:348.25 * 8393906/25/25 01 BERTRAM DRIVE CONNECTION 23-230-60-00-6098700.00 INVOICE TOTAL:700.00 * 8394006/25/25 01 WELL #9 REHABILITATION51-510-60-00-6022878.50 INVOICE TOTAL:878.50 * FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543228 EEIENGINEERING ENTERPRISES, INC. 8394106/25/25 01 CANNONBALL TRAIL SHARED USE 01-640-54-00-5465210.00 02 PATH** COMMENT **INVOICE TOTAL:210.00 * 8394206/25/25 01 PROLOGIS/PROJECT STEEL90-246-00-00-01113,649.00 INVOICE TOTAL:3,649.00 * 8394306/25/25 01 2026 WATER MAIN IMPORVEMENT 51-510-60-00-602512,348.50 INVOICE TOTAL:12,348.50 * 8394406/25/25 01 YSD 115 - TEMPORARY STRUCTURES 01-640-54-00-5465939.25 INVOICE TOTAL:939.25 * CHECK TOTAL:56,969.00543229 EEIENGINEERING ENTERPRISES, INC. 8394506/25/25 01 2025 LOCAL ROAD PROGRAM23-230-60-00-602884,863.76 INVOICE TOTAL:84,863.76 * CHECK TOTAL:84,863.76543230 EEIENGINEERING ENTERPRISES, INC. 8394606/25/25 01 LM-NORTH RECEIVING STATION 51-510-60-00-60115,469.23 INVOICE TOTAL:5,469.23 * 8394706/25/25 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-54651,900.00 INVOICE TOTAL:1,900.00 * 8394906/25/25 01 LM-BLUESTEM WATER MAIN51-510-60-00-60115,421.50 02 IMPROVEMENT** COMMENT **INVOICE TOTAL:5,421.50 * CHECK TOTAL:12,790.73FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543231 ENCODE ENCODE PLUS, LLC 316607/09/25 01 UDO ORDINANCE ADDED TO PORTAL 01-220-54-00-546288.00 INVOICE TOTAL:88.00 * CHECK TOTAL:88.00543232 FIRSTNET AT&T MOBILITY 287313454005X0703202 06/25/25 01 JUN 2025 MOBILE DEVICES01-220-54-00-544042.20 02 JUN 2025 MOBILE DEVICES51-510-54-00-5440121.40 03 JUN 2025 MOBILE DEVICES01-110-54-00-544084.40 04 JUN 2025 MOBILE DEVICES01-210-54-00-5440838.04 05 JUN 2025 MOBILE DEVICES79-795-54-00-544080.88 INVOICE TOTAL:1,166.92 * CHECK TOTAL:1,166.92543233 FIRSTNET AT&T MOBILITY 287313454207X0703202 06/25/25 01 JUN 2025 MOBILE DEVICES01-220-54-00-5440404.12 02 JUN 2025 MOBILE DEVICES79-790-54-00-544036.24 03 JUN 2025 MOBILE DEVICES79-795-54-00-5440156.88 04 JUN 2025 MOBILE DEVICES51-510-54-00-5440255.35 05 JUN 2025 MOBILE DEVICES52-520-54-00-544072.48 INVOICE TOTAL:925.07 * CHECK TOTAL:925.07543234 FOXVALSA FOX VALLEY SANDBLASTING 6215506/06/25 01 SANDBLASTING & RECOATING 25-225-60-00-60101,818.62 INVOICE TOTAL:1,818.62 * CHECK TOTAL:1,818.62543235 FRECOSYS FOX RIVER ECOSYSTEM FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543235 FRECOSYS FOX RIVER ECOSYSTEM 2026 DUES07/09/25 01 MEMBERSHIP DUES RENEWAL01-110-54-00-5460100.00 INVOICE TOTAL:100.00 * CHECK TOTAL:100.00543236 GARDKOCH GARDINER KOCH & WEISBERG 2481906/13/25 01 GENERAL CITY LEGAL MATTERS 01-640-54-00-5461200.00 INVOICE TOTAL:200.00 * 2509307/09/25 01 KIMBALL HILL I MATTERS01-640-54-00-54611,120.00 INVOICE TOTAL:1,120.00 * CHECK TOTAL:1,320.00543237 GLATFELT GLATFELTER UNDERWRITING SRVS. 22663413206/19/25 01 VEHICLE ADDED TO POLICY01-640-52-00-52312,856.00 INVOICE TOTAL:2,856.00 * CHECK TOTAL:2,856.00543238 GOODCLEA MICHAEL BRUCCOLERI 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56203,750.00 INVOICE TOTAL:3,750.00 * CHECK TOTAL:3,750.00543239 HIFIEVEN HI FI EVENTS, INC. 2025 HTD07/09/25 01 2025 HTD STAGE & LIGHTING 79-795-56-00-56029,600.00 INVOICE TOTAL:9,600.00 * CHECK TOTAL:9,600.00FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543240 HIGHSTAR HIGH STAR TRAFFIC 1395106/20/25 01 TRAFFIC SIGNS23-230-56-00-56191,524.20 INVOICE TOTAL:1,524.20 * 1412406/30/25 01 STREET SIGNS23-230-56-00-561968.80 INVOICE TOTAL:68.80 * CHECK TOTAL:1,593.00543241 HIVOX DAVID MIKULSKIS 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56025,000.00 INVOICE TOTAL:5,000.00 * CHECK TOTAL:5,000.00543242 ILPD4778 ILLINOIS STATE POLICE 20250504790 05/31/25 01 LIQUOR LICENSE BACKGROUND 01-110-54-00-546254.00 02 CHECK** COMMENT **INVOICE TOTAL:54.00 * CHECK TOTAL:54.00543243 ILPD4811 ILLINOIS STATE POLICE 20250504811 05/31/25 01 MASSAGE & MERCHANT01-110-54-00-546254.00 02 BACKGROUND CHECKS** COMMENT **03 BACKGROUND CHECKS79-795-54-00-5462189.00 04 BACKGROUND CHECKS01-110-54-00-546254.00 INVOICE TOTAL:297.00 * CHECK TOTAL:297.00543244 IMPERINV IMPERIAL INVESTMENTS FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543244 IMPERINV IMPERIAL INVESTMENTS MAY 2025-REBATE 07/10/25 01 MAY 2025 BUSINESS DIST REBATE 01-000-24-00-24883,572.05 INVOICE TOTAL:3,572.05 * CHECK TOTAL:3,572.05543245 INTEGRAT INTEGRATED CONTROL W1599607/02/25 01 ADDED TIMERS TO VAV 1-2 TO 24-216-54-00-5446360.00 02 STOP SHORT CYCLING** COMMENT **INVOICE TOTAL:360.00 * CHECK TOTAL:360.00543246 INTERDEV INTERDEV, LLC CW104987006/30/25 01 NETWRIX AUDITOR FOR ACTIVE 01-640-54-00-54504,502.54 02 DIRECTORY-HYBRID LICENSE** COMMENT **INVOICE TOTAL:4,502.54 * MSP-1049849 06/30/25 01 MONTHLY IT SUPPORT-JUN 2025 01-640-54-00-545020,051.94 INVOICE TOTAL:20,051.94 * CHECK TOTAL:24,554.48543247 IPOP I POP BAND PARTNERSHIP 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56021,500.00 INVOICE TOTAL:1,500.00 * CHECK TOTAL:1,500.00543248 JXENTER JX ENTERPRISES, INC 2256374S07/01/25 01 INJECTOR REPLACEMENTS01-410-54-00-549017,005.42 INVOICE TOTAL:17,005.42 * CHECK TOTAL:17,005.42FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543249 KENDCROS KENDALL CROSSING, LLC BD REBATE 05/25 07/10/25 01 MAY 2025 BUSINESS DIST. REBATE 01-000-24-00-24877,342.56 INVOICE TOTAL:7,342.56 * CHECK TOTAL:7,342.56543250 KLUBER KLUBER, INC 966006/30/25 01 COMPLETED WORK ON CITY OF 24-216-60-00-604226,740.40 02 YORKVILLE PUBLIC WORKS AND ** COMMENT **03 PARKS MAINTENANCE BUILDING ** COMMENT **INVOICE TOTAL:26,740.40 * CHECK TOTAL:26,740.40543251 LANEMUCH LANER, MUCHIN, LTD 69662006/01/25 01 PROFESSIONAL SERVICES THROUGH 01-640-54-00-5463112.50 02 05-20-25** COMMENT **INVOICE TOTAL:112.50 * CHECK TOTAL:112.50543252 LAUTAMEN LAUTERBACH & AMEN, LLP 10556506/26/25 01 APRIL 30, 2025-PROGRESS01-120-54-00-541410,000.00 02 BILLING** COMMENT **INVOICE TOTAL:10,000.00 * CHECK TOTAL:10,000.00543253 M&D360 M&D 360 PHOTO BOOTH LLC INV1008105/16/25 01 2025 HTD PHOTO BOOTH79-795-56-00-56021,500.00 INVOICE TOTAL:1,500.00 * CHECK TOTAL:1,500.00FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543254 MARCO MARCO TECHNOLOGIES LLC 55875059206/26/25 01 06/20-07/20 COPIER LEASE 01-110-54-00-5485266.29 02 06/20-07/20 COPIER LEASE 01-120-54-00-5485266.27 03 06/20-07/20 COPIER LEASE 01-220-54-00-5485532.58 04 06/20-07/20 COPIER LEASE 01-210-54-00-5485684.73 05 06/20-07/20 COPIER LEASE 01-410-54-00-548553.80 06 06/20-07/20 COPIER LEASE 51-510-54-00-548553.80 07 06/20-07/20 COPIER LEASE 52-520-54-00-548553.79 08 06/20-07/20 COPIER LEASE 79-790-54-00-5485161.39 09 06/20-07/20 COPIER LEASE 79-795-54-00-5485266.29 INVOICE TOTAL:2,338.94 * CHECK TOTAL:2,338.94543255 MIDAM MID AMERICAN WATER 250074A06/24/25 01 AIR & VACUUM VALVE51-510-56-00-56381,515.60 INVOICE TOTAL:1,515.60 * 250637A06/27/25 01 PIPE, ENDS24-216-56-00-5656844.14 INVOICE TOTAL:844.14 * CHECK TOTAL:2,359.74543256 MIDWSALT MIDWEST SALT P48237905/09/25 01 BULK ROCK SALT51-510-56-00-56383,257.36 INVOICE TOTAL:3,257.36 * P48316307/07/25 01 BULK ROCK SALT51-510-56-00-56383,322.69 INVOICE TOTAL:3,322.69 * P48317207/07/25 01 BULK ROCK SALT51-510-56-00-56383,047.56 INVOICE TOTAL:3,047.56 * P48317307/07/25 01 BULK ROCK SALT51-510-56-00-56383,074.62 INVOICE TOTAL:3,074.62 * CHECK TOTAL:12,702.23FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543257 MROWCO MATHEWSON RIGHT OF WAY CO, 24-0387-0906/30/25 01 LAKE MICHIGAN WATER SYSTEM 51-510-60-00-601110,557.50 02 IMPROVEMENT PROJECT** COMMENT **INVOICE TOTAL:10,557.50 * CHECK TOTAL:10,557.50543258 NARVICK NARVICK BROS. LUMBER CO, INC 9732206/19/25 01 CONCRETE25-225-60-00-60101,373.00 INVOICE TOTAL:1,373.00 * 9735306/20/25 01 CONCRETE79-790-56-00-5640960.00 INVOICE TOTAL:960.00 * CHECK TOTAL:2,333.00543259 NEOPOST QUADIENT FINANCE USA, INC 070225-CITY 07/02/25 01 REFILL POSTAGE MACHINE01-000-14-00-1410300.00 INVOICE TOTAL:300.00 * CHECK TOTAL:300.00543260 NICOR NICOR GAS 00-41-22-8748 4-0625 07/02/25 01 06/03-07/02 1107 PRAIRIE LN 01-110-54-00-548057.60 INVOICE TOTAL:57.60 * 15-64-61-3532 5-0625 07/02/25 01 06/0*07/02 1991 CANNONBALL 01-110-54-00-548060.00 INVOICE TOTAL:60.00 * 20-52-56-2042 1-0625 06/30/25 01 05/30-06/30 420 FAIRHAVEN 01-110-54-00-5480149.01 INVOICE TOTAL:149.01 * CHECK TOTAL:266.61FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543261 OSWEGO VILLAGE OF OSWEGO 318207/08/25 01 STATE LOBBYIST CHARGE-JUN 2025 51-510-54-00-54621,166.67 02 STATE LOBBYIST CHARGE-JUN 2025 01-640-54-00-54621,166.66 03 FEDERAL LOBBYIST CHRG-JUN 2025 51-510-54-00-54621,562.50 04 FEDERAL LOBBYIST CHRG-JUN 2025 01-640-54-00-54621,562.50 INVOICE TOTAL:5,458.33 * CHECK TOTAL:5,458.33543262 PIZZO PIZZO AND ASSOCIATES, LTD 341-407/01/25 01 NATURALIZATION AREA UPKEEP AT 24-216-54-00-5446732.19 02 651 PRAIRIE POINTE DR** COMMENT **INVOICE TOTAL:732.19 * CHECK TOTAL:732.19543263 PLEVELLJ JACOB PLEVELL 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56023,000.00 INVOICE TOTAL:3,000.00 * CHECK TOTAL:3,000.00543264 PRINTSRC LAMBERT PRINT SOURCE, LLC 477006/19/25 01 FLAGS OF VALOR79-795-56-00-5606428.00 INVOICE TOTAL:428.00 * 477406/20/25 01 JULY 4TH SIGNAGE79-795-56-00-5606440.00 INVOICE TOTAL:440.00 * 479207/01/25 01 2025 RIVER FEST SIGNS79-795-56-00-56062,407.50 INVOICE TOTAL:2,407.50 * 479507/02/25 01 2025 RIVER FEST SIGNS79-795-56-00-560696.00 INVOICE TOTAL:96.00 * CHECK TOTAL:3,371.50FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543265 RCWEGMAN R.C. WEGMAN CONSTRUCTION 306/30/25 01 WORK DONE ON YORKVILLE PUBLIC 24-216-60-00-60421,615,377.50 02 WORKS & PARKS DEPARTMENT** COMMENT **03 FACILITY** COMMENT **INVOICE TOTAL: 1,615,377.50 * CHECK TOTAL:1,615,377.50543266 SNOWGIRL STEPHEN FROST 2025 HTD BAND 07/09/25 01 2025 HTD BAND PERFORMANCE 79-795-56-00-56025,000.00 INVOICE TOTAL:5,000.00 * CHECK TOTAL:5,000.00543267 SUBURLAB SUBURBAN LABORATORIES INC. GA500339907/01/25 01 WATER TESTING51-510-54-00-54292,578.00 INVOICE TOTAL:2,578.00 * GAS00296106/02/25 01 MAY 2025 WATER TESTING51-510-54-00-5429938.00 INVOICE TOTAL:938.00 * CHECK TOTAL:3,516.00543268 UNIMAX UNI-MAX MANAGEMENT CORP 541406/16/25 01 JUN 2025 OFFICE CLEANING AT 01-110-54-00-5488369.55 02 651 PRAIRIE POINTE** COMMENT **03 JUN 2025 OFFICE CLEANING AT 01-120-54-00-5488369.55 04 651 PRAIRIE POINTE** COMMENT **05 JUN 2025 OFFICE CLEANING AT 01-210-54-00-54881,061.38 06 651 PRAIRIE POINTE** COMMENT **07 JUN 2025 OFFICE CLEANING AT 79-795-54-00-5488318.11 08 651 PRAIRIE POINTE** COMMENT **FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543268 UNIMAX UNI-MAX MANAGEMENT CORP 541406/16/25 09 JUN 2025 OFFICE CLEANING AT 01-220-54-00-5488203.41 10 651 PRAIRIE POINTE** COMMENT **11 JUN 2025 OFFICE CLEANING AT 01-410-54-00-5488153.00 12 PW BLDG** COMMENT **13 JUN 2025 OFFICE CLEANING AT 51-510-54-00-5488153.00 14 PW BLDG** COMMENT **15 JUN 2025 OFFICE CLEANING AT 52-520-54-00-5488153.00 16 JUN 2025 OFFICE CLEANING 82-820-54-00-54882,106.00 17 JUN 2025 OFFICE CLEANING AT 79-790-54-00-5488230.00 18 185 WOLF** COMMENT **19 JUN 2025 OFFICE CLEANING AT 79-795-54-00-5488230.00 20 BEECHER CONCESSION** COMMENT **21 JUN 2025 OFFICE CLEANING AT 79-795-54-00-5488230.00 22 BRIDGE CONCESSION** COMMENT **23 JUN 2025 OFFICE CLEANING AT 79-795-54-00-5488702.00 24 PRESCHOOL BLDG** COMMENT **25 JUN 2025 OFFICE CLEANING AT 79-795-54-00-5488230.00 26 VAN EMMON** COMMENT **INVOICE TOTAL:6,509.00 * CHECK TOTAL:6,509.00543269 UPCOMING UP & COMING LLC 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56021,700.00 INVOICE TOTAL:1,700.00 * CHECK TOTAL:1,700.00543270 WATERSER WATER SERVICES CO. 4082106/30/25 01 TEST & CERTIFY RPZ AT VARIOUS 24-216-54-00-54461,575.00 02 LOCATIONS** COMMENT **INVOICE TOTAL:1,575.00 * CHECK TOTAL:1,575.00FY 26Page 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: 07/14/25TIME: 09:49:55UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 07/22/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------543271 WILCOXM CATHERINE B. WILCOX 2025 HTD BALANCE 07/09/25 01 2025 HTD FINAL PAYMENT79-795-56-00-56022,750.00 INVOICE TOTAL:2,750.00 * CHECK TOTAL:2,750.00543272 YBSD YORKVILLE BRISTOL 2025.01307/01/25 01 LANDFILL EXPENSE-JUL 2025 51-510-54-00-544526,686.46 INVOICE TOTAL:26,686.46 * CHECK TOTAL:26,686.46543273 YORKBIGB YORKVILLE BIG BAND 2025 HTD07/09/25 01 2025 HTD BAND79-795-56-00-56021,200.00 INVOICE TOTAL:1,200.00 * CHECK TOTAL:1,200.00543274 YORKPRPC YORKVILLE PARK & REC 2025 HTD07/09/25 01 2025 HTD START UP CASH79-795-56-00-560210,000.00 INVOICE TOTAL:10,000.00 * CHECK TOTAL:10,000.00543275 YOUNGM MARLYS J. YOUNG 061725-PW06/29/25 01 06/17/25 PW MEETING MINUTES 01-110-54-00-546285.00 INVOICE TOTAL:85.00 * CHECK TOTAL:85.00TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:2,380,672.92390.002,381,062.92FY 26Page 27 of 29 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION24,087.15 - 24,087.15 1,609.34 1,789.14 27,485.63 FINANCE14,180.38 - 14,180.38 941.58 1,048.91 16,170.87 POLICE150,622.04 5,453.66 156,075.70 503.75 11,605.70 168,185.15 COMMUNITY DEV.37,034.67 - 37,034.67 2,376.11 2,757.93 42,168.71 STREETS29,445.01 - 29,445.01 1,955.14 2,175.27 33,575.42 BUILDING & GROUNDS6,877.80 106.48 6,984.28 473.71 531.37 7,989.36 WATER24,657.06 622.44 25,279.50 1,621.41 1,854.22 28,755.13 SEWER17,277.98 - 17,277.98 1,147.26 1,264.85 19,690.09 PARKS40,986.59 233.63 41,220.22 2,486.29 3,096.56 46,803.07 RECREATION31,712.19 - 31,712.19 1,607.87 2,371.38 35,691.44 LIBRARY20,059.69 - 20,059.69 808.60 1,477.09 22,345.38 TOTALS396,940.56$ 6,416.21$ 403,356.77$ 15,531.06$ 29,972.42$ 448,860.25$ TOTAL PAYROLL448,860.25$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYJuly 3, 2025Page 28 of 29 ACCOUNTS PAYABLE DATE FY 25 City Check Register - FY 25 (Page 1)07/22/2025 11,481.80 SUB-TOTAL: 11,481.80$ FY 26 Manual City Check Register - FY 26 (Pages 2 - 3)07/11/2025 325,721.16 Manual City Check Register - FY 26 (Pages 4 - 5)07/18/2025 596,588.06 City Check Register - FY 26 (Pages 6 - 27)07/22/2025 2,381,062.92 SUB-TOTAL: $3,303,372.14 Bi - Weekly (Page 28)07/03/2025 448,860.25$ SUB-TOTAL: 448,860.25$ TOTAL DISBURSEMENTS:3,763,714.19$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, July 22, 2025 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 PW 2025-66 East Alley Water Main Improvements – Illinois Railway, LLC License Agreement City Council – July 22, 2025 PW – 7/15/25 Moved forward to CC consent agenda. PW 2025-66 Approval Acceptance of the Illinois Railway License Agreement East Alley Water Main Improvements – Recommendation to Accept the Illinois Railway, LLC License Agreement Brad Sanderson Engineering Name Department During the upcoming fall, the City will be replacing the water main located in East Alley in downtown Yorkville ahead of the planned revitalization of that area. As a part of the project, water main must be installed underneath railroad tracks owned by Illinois Railway, LLC. The City has undergone an extensive permitting process with the railroad including conversations on the cost and language of the License Agreement. The language of the agreement has been reviewed by the City Attorney and carries a one-time license fee of $4,400. We recommend the acceptance and approval of the License Agreement with Illinois Railway, LLC. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: July 8, 2025 Subject: East Alley Water Main Improvements – Illinois Railway, LLC License Agreement Resolution No. 2025 - ___ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A PIPE LINE CROSSING LICENSE AGREEMENT WITH ILLINOIS RAILWAY LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, as a part of the City’s East Alley Water Main Replacement Project, it is necessary to install a water main underneath railroad tracks owned by Illinois Railway, LL (the “Illinois Railway”); and WHEREAS, Illinois Railway has agreed to grant the City a license for a 9.05 inch iron carrier fresh water pipe line inside a twenty-four (24) inch casing under its railway tracks for a one time fee of $4,400; and WHEREAS, it is necessary to construct this water main on Illinois Railway’s property as a part of the improvements the City has undertaken to its public water supply system and therefore the City is prepared to approve the Pipe Line Crossing License in the form attached to 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 foregoing recitals are incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. That the Pipe Line Crossing Agreement by and between the City of Yorkville and Illinois Railway, LLC, attached hereto as Exhibit A and made a part hereof by reference, is Resolution No. 2025 - ___ Page 2 hereby approved, and the Mayor and City Clerk are hereby authorized to execute and deliver said License on behalf of the United City of Yorkville. Section 3. 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. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Agreement No. 410501 410501 PIPE LINE CROSSING LICENSE THIS LICENSE (“License”) shall be effective on the last date of signature set forth below (the “Effective Date”), by Illinois Railway, LLC (“Licensor”) and City of Yorkville (“Licensee”). Licensor and Licensee may sometimes be referred to as a “Party” or collectively as the “Parties.” WITNESSETH: 1. TERM: This License shall take effect as of the Effective Date, and unless sooner terminated per the terms outlined in Section 9 and 10 of this License, shall remain in effect regardless of performance or non-performance of any of the covenants and agreements contained in this License and regardless of any fee having been paid in advance for any period without regard to any loss or damage incurred by either Party as a result of such termination or cancellation. Licensor will not execute this License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor returns a fully-executed copy to Licensee. 2. LOCATION: In consideration of the license fee or other sums of money Licensee agrees to pay to Licensor, and of the covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a fresh water Pipe Line, as more particularly described in Licensee’s application, marked Exhibit “A”, attached to this License and made a part of it by this reference, situated on, across, along or over Licensor’s property at or near the City of Yorkville, County of Kendall, and State of Illinois (the “Premises”). The term Pipe Line shall be deemed to mean the actual line(s) and any and all appurtenances and that portion of Licensor’s property, in so far as they relate to said Pipe Line. The location of the Pipe Line is more particularly described on the drawing marked Exhibit “B”, attached to this License and made a part of it by this reference, but generally described as follows: A 9.05" (inch) ductile iron carrier fresh water Pipe Line inside 24" steel (inch) casing, crossing Licensor’s property, located at or near Mile Post No. 49.70, as shown on Exhibit “B”. 3. LICENSE FEE: A. Licensee shall pay to Licensor as one time License Fee the sum of four thousand four hundred dollars (USD $4,400.00), payable in advance on or prior to the Effective Date of this License. Licensee shall pay to Licensor any and all sales tax, if any and if applicable, which may occur as a result of the payment of the above license or other fees payable under this License. 4. SPECIFICATIONS: A. The Pipe Line shall be constructed, installed, used, maintained, repaired and operated in strict accordance with any and all current requirements and specifications adopted by the American Railway Engineering and Maintenance of Way Association, and in compliance with any and all law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof or Agreement No. 410501 410501 created thereby (collectively, “Laws”). Provided however, that all materials and workmanship employed in the construction, installation, use, maintenance, repair and operation of the Pipe Line shall be subject to the approval of the Licensor’s Chief Engineer or authorized representative. B. An underground Pipe Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a MINIMUM of forty-eight feet (48’), twenty-four feet (24’) on either side measured from the centerline of the track(s) or the full width of Licensor’s property if less than forty-eight (48’) feet. Crossings of a degree substantially greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and one half (5½’) feet beneath surface of ground at all points within Licensor’s property. C. Any appurtenance to the Pipe Line shall be constructed and maintained to a MINIMUM clearance of no less than fifteen (15’) feet from the centerline of any track(s). The side clearance of fifteen (15’) feet shall be maintained for a height of twenty-seven feet (27’). All Pipe Line(s) shall be constructed, as nearly as possible to cross under any track(s) at a right angle to said track(s). D. Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair, relocation, replacement or maintenance work to the Pipe Line or otherwise on the Premises and in the event of an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation or replacement of the Pipe Line, Licensee shall be required to execute Licensor’s standard Right of Entry for any maintenance or repair work on the Pipe Line that requires entry onto Licensor’s property or right-of-way. The Right of Entry Permit fee shall be waived for emergency repair and routine maintenance on the pipeline. E. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified in this License; and for the purposes of the safety, protective and indemnification provisions of this License, such contractors and subcontractors, their agents, servants and employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. F. Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the Pipe Line and the construction or use of the Pipe Line or other of Licensee’s facilities on Licensor’s property or the operation of any of them. G. Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee’s sole risk and expense. 5. PRESENT OCCUPATIONS: Licensee shall make appropriate arrangements with any person or entity occupying Licensor’s property which may be affected by the relocation, installation, construction or any maintenance or repair of the Pipe Line. Licensee’s Pipe Line will not unreasonably interfere with the use of Licensor’s property, or create any undue hardship on the person or entity occupying said property. Agreement No. 410501 410501 6. RISK, LIABILITY, INDEMNITY: A. Licensee acknowledges that persons and property on or near the Premises are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and Licensee accepts this License subject to such dangers. B. a. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE “INDEMNITEES”) AND TO ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS’ FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE, INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION. b. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS’ COMPENSATION ACT OR FEDERAL EMPLOYERS’ LIABILITY ACT. c. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD “LICENSOR” AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES. d. AS A PRECONDITION TO LICENSEE’S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR Agreement No. 410501 410501 INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY LICENSEE. 7. INSURANCE: A. Licensee shall purchase and maintain insurance as specified below covering the License, all the work, services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company: i. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50’) of any railroad property, and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent). ii. Workers’ Compensation and Employers’ Liability Insurance providing statutory workers’ compensation benefits mandated under applicable state law and Employers’ Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap endorsement on either the Commercial General Liability or Workers’ Compensation Policy is required to meet the Employers’ Liability Insurance requirement. iii. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement. iv. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability, Employers’ Liability, and Business Automobile Liability Insurances. The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance. B. All insurance required of Licensee with the exception of Workers’ Compensation and Employers’ Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, Agreement No. 410501 410501 shareholders, and employees (“Required Parties”) as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law. C. All insurance shall provide Licensor a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. D. If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims-made basis with a retroactive date on or before the Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. E. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that Licensor shall receive a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License. F. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of the Required Parties. G. Notwithstanding the foregoing, Licensee may self-insure for any of the above required insurance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self-insure. Licensee shall provide a letter of self-insurance to Licensor specifically stating which lines of coverage are self-insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-insurance shall be signed by Licensee’s Risk Manager or another designated authorized signatory. With respect to Workers’ Compensation, Licensee shall also provide state-issued self-insured authorization documents to Licensor, where applicable by state law. H. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent or broker who have been instructed by Licensee to procure the insurance coverage required by this License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately. I. Licensee’s compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License. 8. WAIVER: Agreement No. 410501 410501 Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or the right or power of Licensor to execute and enforce this License. This License is made without covenant on the part of Licensor to warrant its title to the property involved with the Pipe Line, or to give or to defend Licensee in the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability (including any expenses, attorneys’ fees and costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of Licensor’s title affecting the right of Licensor to make this grant. 9. REPAIRS AND RELOCATION: A. Licensee will at all times maintain the Pipe Line in a safe and secure manner and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Pipe Line, or any part of it, or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid interference with or danger in the use or operation of Licensor’s railroad, or any of its present or future appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted by the Pipe Line, then Licensee shall, at its sole expense, and within thirty (30) days after notice from Licensor to do so, (or on shorter notice in case of an emergency), make changes to the Pipe Line as required or remove the Pipe Line, or as much of the Pipe Line as is located upon the portion of the property as required by Licensor. B. If Licensee shall fail to perform any of its obligations contained in this License as to the maintenance of safe conditions in and about the Pipe Line or to make any necessary repairs, or to relocate the Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Pipe Line to be removed from Licensor’s property. Licensor acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so. C. In case Licensor shall at any time, or from time to time, require the removal of only a portion of the Pipe Line, this License shall continue in force and be applicable to the portion or portions of the Pipe Line remaining from time to time until the entire Pipe Line has been removed and the License Fees or other fees payable under this License shall be adjusted accordingly. 10. TERMINATON: If Licensee fails to keep or perform any of Licensee’s covenants contained in this License, upon ninety (90) days written notice to Licensee and an opportunity to cure with such cure being completed within such ninety (90) day period or if such cure cannot be completed within ninety (90) days, in such time as necessary so long as Licensee is diligently pursuing such cure and in no event longer than one hundred eighty (180) days, Licensor shall have the right to terminate this License. In addition to the foregoing, Licensor shall have the right to terminate this License and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than ninety (90) days prior to each anniversary of the effective date thereof, upon the occurrence of any of the following events: Agreement No. 410501 410501 a. If Licensee shall permanently discontinue the use of operations of the Pipe Line; or b. If Licensor shall be required by any change in applicable Federal law after the Effective Date to remove, relocate, reconstruct, or discontinue operation of Licensor’s railroad and any such removal, relocation, reconstruction, or discontinuance of operation of Licensor’s railroad cannot be accomplished without removal of the Pipeline; or c. If Licensor determines and substantiates to Licensee that the Pipe Line endangers or threatens Licensor’s employees or the safe operation or maintenance of the railroad. 11. RESTORATION: Upon termination of this License, in accordance with the provisions of Section 10 of this License, Licensee shall promptly remove the Pipe Line from Licensor’s property, and restore the property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Pipe Line within ninety days (90) after termination of this License, Licensor may remove same, and charge the expense of such removal to the Licensee on the basis provided in Section 9.B of this License. 12. MISCELLANEOUS: A. This License is executed by all Parties under current interpretation of any and all applicable Laws. Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) contained in this License shall have independent and severable status from each other separate division, or combination of them, for the determination of legality, so that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division or any other combination of them. B. In the event this License is part of a package of agreements for Licensee, this License and all other such documents shall be read as compatible parts of the package and not in contradiction to each other, such that in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall designate which clause(s) shall survive or control any others. C. Except as otherwise specified in this License, any notice or other communication required or permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited into the custody of a nationally recognized overnight delivery service, as follows: If to Licensor: If to Licensee: Illinois Railway, LLC ATTN: Real Estate 252 Clayton Street, 4th Floor Denver, Colorado 80206 ATTN: City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 WITH A COPY TO: Phone: (630) 770-9915 ATTN: General Counsel 252 Clayton Street, 4th Floor Denver, Colorado 80206 Agreement No. 410501 410501 D. No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by Licensor and Licensee. E. This License is made subject to the rights previously or simultaneously granted by or through Licensor for any surface, sub-surface or aerial uses antedating this License, including but not limited to, the construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe Line by Licensee. F. This License and all of the provisions contained in it shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion, and any and every attempted assignment without prior written consent shall be void and of no effect. This covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a guarantor of Licensee’s successor in interest to this License. G. Nothing in this License shall be construed to place any responsibility on Licensor for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any Licensee’s facilities. H. Any approval given or supervision exercised by Licensor under this License, or failure of Licensor to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this License. I. The failure of the Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. J. Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor’s property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed. K. In the event that Licensor shall incur any costs or expenses, including attorneys’ fees and costs, in enforcing Licensee’s covenants and agreements under this License, Licensee shall reimburse Licensor for all such costs, expenses and legal fees as an additional fee under this License. L. This License shall be governed under the laws of the State of Illinois, and venue shall be proper in the federal or state courts of the State of Illinois for any action arising under the terms of this License or Agreement No. 410501 410501 performance of it. The section headings of this License have been inserted for convenience of reference only and they shall not be referred to in the interpretation of this License. This License shall be read with all changes of gender and number required by the context. Time shall be of the essence in this License and each of the provisions of it. M. Licensor’s remedies under this License shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy. N. All of the obligations, representations and warranties of the Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive the termination or expiration of the Term. O. Licensor shall not be responsible for any loss, damage, delay or non-performance caused by accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or beyond its reasonable control. P. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title. Q. All exhibits attached to this License are incorporated by reference as if fully set forth in this License. IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below: Licensor: Illinois Railway, LLC Licensee: City of Yorkville By: \s2\ By: \s1\ Name: \n2\ Name: \n1\ Title: \t2\ Title: \t1\ Date: \d2\ Date: \d1\ 006Jx00000XjfiwIAB 0 E Agreement No. 410501 410501 Exhibit A Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 Agreement No. 410501 410501 EXHIBIT B Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2025-67 2025 Water Main Replacement – Illinois Railway, LLC License Agreements City Council – July 22, 2025 PW – 7/15/25 Moved forward to CC consent agenda. PW 2025-67 Majority Acceptance of the Illinois Railway, LLC License Agreements 2025 Water Main Replacement – Recommendation to Accept the Illinois Railway, LLC License Agreements Brad Sanderson Engineering Name Department During the upcoming summer, the City will be replacing significant stretches of water main located in downtown Yorkville. As a part of the project, water main must be installed underneath railroad tracks owned by Illinois Railway, LLC in four separate locations. The City has undergone an extensive permitting process with the railroad including conversations on the cost and language of the License Agreements. There are four license agreements, one for each crossing located at Adams and Hydraulic, State and Hydraulic, S. Main and Hydraulic, and West Alley and Hydraulic. The License Agreement language has been reviewed by the City Attorney and each carry a one-time license fee of $3,700 for a total fee amount of $14,800. We recommend the acceptance and approval of the License Agreements with Illinois Railway, LLC. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: July 15, 2025 Subject: 2025 Water Main Replacement – Illinois Railway, LLC License Agreements Resolution No. 2025 - ___ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING PIPE LINE CROSSING LICENSE AGREEMENTS WITH ILLINOIS RAILWAY LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, as a part of the City’s 2025 Water Main Replacement Project, it is necessary to install water mains underneath railroad tracks owned by Illinois Railway, LL (the “Illinois Railway”) at the crossings located at Adams and Hydraulic, State and Hydraulic, S. Main and Hydraulic and West Alley and Hydraulic; and WHEREAS, Illinois Railway has agreed to grant the City licenses to install water mains at the four crossings each for a one-time fee of $3,700, for a total of $14,800 ; and WHEREAS, it is necessary to construct these water mains on Illinois Railway’s property as a part of the City’s Water Main Replacement Project for the purpose of improving its public water supply system and therefore the City is prepared to approve the Pipe Line Crossing Licenses in the forms attached to this Resolution and approve the payment of a total of $14,800. 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 foregoing recitals are incorporated into this Resolution as the findings of the Corporate Authorities. Section 2. That the Pipe Line Crossing Agreements by and between the City of Yorkville and Illinois Railway, LLC, in the forms attached hereto, for the railroad crossings located at Adams and Hydraulic, State and Hydraulic, S. Main and Hydraulic and West Alley and Hydraulic are Resolution No. 2025 - ___ Page 2 hereby approved and the payment of $3,700 per crossing is hereby authorized. The Mayor and City Clerk are hereby authorized to execute and deliver said Licenses on behalf of the United City of Yorkville. Section 3. 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. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Agreement No. 410367 410367.a PIPE LINE CROSSING LICENSE THIS LICENSE (“License”) shall be effective on the last date of signature set forth below (the “Effective Date”), by Illinois Railway, LLC (“Licensor”) and City of Yorkville (“Licensee”). Licensor and Licensee may sometimes be referred to as a “Party” or collectively as the “Parties.” WITNESSETH: 1. TERM: This License shall take effect as of the Effective Date, and unless sooner terminated per the terms outlined in Section 9 and 10 of this License, shall remain in effect regardless of performance or non-performance of any of the covenants and agreements contained in this License and regardless of any fee having been paid in advance for any period without regard to any loss or damage incurred by either Party as a result of such termination or cancellation. Licensor will not execute this License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor returns a fully-executed copy to Licensee. 2. LOCATION: In consideration of the license fee or other sums of money Licensee agrees to pay to Licensor, and of the covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a fresh water Pipe Line, as more particularly described in Licensee’s application, marked Exhibit “A”, attached to this License and made a part of it by this reference, situated on, across, along or over Licensor’s property at or near the City of Yorkville, County of Kendall, and State of Illinois (the “Premises”). The term Pipe Line shall be deemed to mean the actual line(s) and any and all appurtenances and that portion of Licensor’s property, in so far as they relate to said Pipe Line. The location of the Pipe Line is more particularly described on the drawing marked Exhibit “B”, attached to this License and made a part of it by this reference, but generally described as follows: A 9.05"(inch) carrier inside a 16" (inch) casing diameter, fresh water Pipe Line crossing Licensor’s property, located at or near Mile Post No. 49.91, as shown on Exhibit “B”. 3. LICENSE FEE: A. Licensee shall pay to Licensor as one time License Fee the sum of three thousand seven hundred dollars (USD $3,700.00), payable in advance on or prior to the Effective Date of this License. Licensee shall pay to Licensor any and all sales tax, if any and if applicable, which may occur as a result of the payment of the above license or other fees payable under this License. 4. SPECIFICATIONS: A. The Pipe Line shall be constructed, installed, used, maintained, repaired and operated in strict accordance with any and all current requirements and specifications adopted by the American Railway Engineering and Maintenance of Way Association, and in compliance with any and all law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof or created thereby (collectively, “Laws”). Provided however, that all materials and workmanship employed Agreement No. 410367 410367.a in the construction, installation, use, maintenance, repair and operation of the Pipe Line shall be subject to the approval of the Licensor’s Chief Engineer or authorized representative. B. An underground Pipe Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a MINIMUM of forty-eight feet (48’), twenty-four feet (24’) on either side measured from the centerline of the track(s) or the full width of Licensor’s property if less than forty-eight (48’) feet. Crossings of a degree substantially greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and one half (5½’) feet beneath surface of ground at all points within Licensor’s property. C. Any appurtenance to the Pipe Line shall be constructed and maintained to a MINIMUM clearance of no less than fifteen (15’) feet from the centerline of any track(s). The side clearance of fifteen (15’) feet shall be maintained for a height of twenty-seven feet (27’). All Pipe Line(s) shall be constructed, as nearly as possible to cross under any track(s) at a right angle to said track(s). D. Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair, relocation, replacement or maintenance work to the Pipe Line or otherwise on the Premises and in the event of an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation or replacement of the Pipe Line, Licensee shall be required to execute Licensor’s standard Right of Entry for any maintenance or repair work on the Pipe Line that requires entry onto Licensor’s property or right-of-way. The Right of Entry Permit fee shall be waived for emergency repair and routine maintenance on the pipeline. E. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified in this License; and for the purposes of the safety, protective and indemnification provisions of this License, such contractors and subcontractors, their agents, servants and employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. F. Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the Pipe Line and the construction or use of the Pipe Line or other of Licensee’s facilities on Licensor’s property or the operation of any of them. G. Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee’s sole risk and expense. 5. PRESENT OCCUPATIONS: Licensee shall make appropriate arrangements with any person or entity occupying Licensor’s property which may be affected by the relocation, installation, construction or any maintenance or repair of the Pipe Line. Licensee’s Pipe Line will not unreasonably interfere with the use of Licensor’s property, or create any undue hardship on the person or entity occupying said property. Agreement No. 410367 410367.a 6. RISK, LIABILITY, INDEMNITY: A. Licensee acknowledges that persons and property on or near the Premises are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and Licensee accepts this License subject to such dangers. B. a. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE “INDEMNITEES”) AND TO ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS’ FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE, INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION. b. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS’ COMPENSATION ACT OR FEDERAL EMPLOYERS’ LIABILITY ACT. c. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD “LICENSOR” AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES. d. AS A PRECONDITION TO LICENSEE’S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY Agreement No. 410367 410367.a LICENSEE. 7. INSURANCE: A. Licensee shall purchase and maintain insurance as specified below covering the License, all the work, services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company: i. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50’) of any railroad property, and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent). ii. Workers’ Compensation and Employers’ Liability Insurance providing statutory workers’ compensation benefits mandated under applicable state law and Employers’ Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap endorsement on either the Commercial General Liability or Workers’ Compensation Policy is required to meet the Employers’ Liability Insurance requirement. iii. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement. iv. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability, Employers’ Liability, and Business Automobile Liability Insurances. The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance. B. All insurance required of Licensee with the exception of Workers’ Compensation and Employers’ Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders, and employees (“Required Parties”) as additional insured and include wording which Agreement No. 410367 410367.a states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law. C. All insurance shall provide Licensor a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. D. If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims-made basis with a retroactive date on or before the Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. E. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that Licensor shall receive a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License. F. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of the Required Parties. G. Notwithstanding the foregoing, Licensee may self-insure for any of the above required insurance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self-insure. Licensee shall provide a letter of self-insurance to Licensor specifically stating which lines of coverage are self-insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-insurance shall be signed by Licensee’s Risk Manager or another designated authorized signatory. With respect to Workers’ Compensation, Licensee shall also provide state-issued self-insured authorization documents to Licensor, where applicable by state law. H. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent or broker who have been instructed by Licensee to procure the insurance coverage required by this License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately. I. Licensee’s compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License. 8. WAIVER: Licensee waives the right to question the validity of this License or any of the terms and provisions of it, Agreement No. 410367 410367.a or the right or power of Licensor to execute and enforce this License. This License is made without covenant on the part of Licensor to warrant its title to the property involved with the Pipe Line, or to give or to defend Licensee in the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability (including any expenses, attorneys’ fees and costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of Licensor’s title affecting the right of Licensor to make this grant. 9. REPAIRS AND RELOCATION: A. Licensee will at all times maintain the Pipe Line in a safe and secure manner and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Pipe Line, or any part of it, or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid interference with or danger in the use or operation of Licensor’s railroad, or any of its present or future appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted by the Pipe Line, then Licensee shall, at its sole expense, and within thirty (30) days after notice from Licensor to do so, (or on shorter notice in case of an emergency), make changes to the Pipe Line as required or remove the Pipe Line, or as much of the Pipe Line as is located upon the portion of the property as required by Licensor. B. If Licensee shall fail to perform any of its obligations contained in this License as to the maintenance of safe conditions in and about the Pipe Line or to make any necessary repairs, or to relocate the Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Pipe Line to be removed from Licensor’s property. Licensor acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so. C. In case Licensor shall at any time, or from time to time, require the removal of only a portion of the Pipe Line, this License shall continue in force and be applicable to the portion or portions of the Pipe Line remaining from time to time until the entire Pipe Line has been removed and the License Fees or other fees payable under this License shall be adjusted accordingly. 10. TERMINATON: If Licensee fails to keep or perform any of Licensee’s covenants contained in this License, upon ninety (90) days written notice to Licensee and an opportunity to cure with such cure being completed within such ninety (90) day period or if such cure cannot be completed within ninety (90) days, in such time as necessary so long as Licensee is diligently pursuing such cure and in no event longer than one hundred eighty (180) days, Licensor shall have the right to terminate this License. In addition to the foregoing, Licensor shall have the right to terminate this License and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than ninety (90) days prior to each anniversary of the effective date thereof, upon the occurrence of any of the following events: Agreement No. 410367 410367.a a. If Licensee shall permanently discontinue the use of operations of the Pipe Line; or b. If Licensor shall be required by any change in applicable Federal law after the Effective Date to remove, relocate, reconstruct, or discontinue operation of Licensor’s railroad and any such removal, relocation, reconstruction, or discontinuance of operation of Licensor’s railroad cannot be accomplished without removal of the Pipeline; or c. If Licensor determines and substantiates to Licensee that the Pipe Line endangers or threatens Licensor’s employees or the safe operation or maintenance of the railroad. 11. RESTORATION: Upon termination of this License, in accordance with the provisions of Section 10 of this License, Licensee shall promptly remove the Pipe Line from Licensor’s property, and restore the property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Pipe Line within ninety days (90) after termination of this License, Licensor may remove same, and charge the expense of such removal to the Licensee on the basis provided in Section 9.B of this License. 12. MISCELLANEOUS: A. This License is executed by all Parties under current interpretation of any and all applicable Laws. Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) contained in this License shall have independent and severable status from each other separate division, or combination of them, for the determination of legality, so that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division or any other combination of them. B. In the event this License is part of a package of agreements for Licensee, this License and all other such documents shall be read as compatible parts of the package and not in contradiction to each other, such that in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall designate which clause(s) shall survive or control any others. C. Except as otherwise specified in this License, any notice or other communication required or permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited into the custody of a nationally recognized overnight delivery service, as follows: If to Licensor: If to Licensee: ATTN: Real Estate 252 Clayton Street, 4th Floor Denver, Colorado 80206 ATTN: City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 WITH A COPY TO: Phone: (630) 770-9915 ATTN: General Counsel 252 Clayton Street, 4th Floor Denver, Colorado 80206 D. No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall Agreement No. 410367 410367.a any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by Licensor and Licensee. E. This License is made subject to the rights previously or simultaneously granted by or through Licensor for any surface, sub-surface or aerial uses antedating this License, including but not limited to, the construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe Line by Licensee. F. This License and all of the provisions contained in it shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion, and any and every attempted assignment without prior written consent shall be void and of no effect. This covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a guarantor of Licensee’s successor in interest to this License. G. Nothing in this License shall be construed to place any responsibility on Licensor for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any Licensee’s facilities. H. Any approval given or supervision exercised by Licensor under this License, or failure of Licensor to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this License. I. The failure of the Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. J. Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor’s property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed. K. In the event that Licensor shall incur any costs or expenses, including attorneys’ fees and costs, in enforcing Licensee’s covenants and agreements under this License, Licensee shall reimburse Licensor for all such costs, expenses and legal fees as an additional fee under this License. L. This License shall be governed under the laws of the State of Illinois, and venue shall be proper in the federal or state courts of the State of Illinois for any action arising under the terms of this License or performance of it. The section headings of this License have been inserted for convenience of reference Agreement No. 410367 410367.a only and they shall not be referred to in the interpretation of this License. This License shall be read with all changes of gender and number required by the context. Time shall be of the essence in this License and each of the provisions of it. M. Licensor’s remedies under this License shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy. N. All of the obligations, representations and warranties of the Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive the termination or expiration of the Term. O. Licensor shall not be responsible for any loss, damage, delay or non-performance caused by accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or beyond its reasonable control. P. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title. Q. All exhibits attached to this License are incorporated by reference as if fully set forth in this License. IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below: Licensor: Illinois Railway, LLC Licensee: City of Yorkville By: \s2\ By: \s1\ Name: \n2\ Name: \n1\ Title: \t2\ Title: \t1\ Date: \d2\ Date: \d1\ 006Jx00000XjfiwIAB 0 E Agreement No. 410367 410367.a Exhibit A Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a g00000kt8D5AAI Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a Agreement No. 410367 410367.a EXHIBIT B Agreement No. 410368 410368.a PIPE LINE CROSSING LICENSE THIS LICENSE (“License”) shall be effective on the last date of signature set forth below (the “Effective Date”), by Illinois Railway, LLC (“Licensor”) and City of Yorkville (“Licensee”). Licensor and Licensee may sometimes be referred to as a “Party” or collectively as the “Parties.” WITNESSETH: 1. TERM: This License shall take effect as of the Effective Date, and unless sooner terminated per the terms outlined in Section 9 and 10 of this License, shall remain in effect regardless of performance or non-performance of any of the covenants and agreements contained in this License and regardless of any fee having been paid in advance for any period without regard to any loss or damage incurred by either Party as a result of such termination or cancellation. Licensor will not execute this License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor returns a fully-executed copy to Licensee. 2. LOCATION: In consideration of the license fee or other sums of money Licensee agrees to pay to Licensor, and of the covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a fresh water Pipe Line, as more particularly described in Licensee’s application, marked Exhibit “A”, attached to this License and made a part of it by this reference, situated on, across, along or over Licensor’s property at or near the City of Yorkville, County of Kendall, and State of Illinois (the “Premises”). The term Pipe Line shall be deemed to mean the actual line(s) and any and all appurtenances and that portion of Licensor’s property, in so far as they relate to said Pipe Line. The location of the Pipe Line is more particularly described on the drawing marked Exhibit “B”, attached to this License and made a part of it by this reference, but generally described as follows: A 9.05" (inch) carrier inside 16" (inch) casing diameter, fresh water Pipe Line crossing Licensor’s property, located at or near Mile Post No. 49.85, as shown on Exhibit “B”. 3. LICENSE FEE: A. Licensee shall pay to Licensor as one time License Fee the sum of three thousand seven hundred dollars (USD $3,700.00), payable in advance on or prior to the Effective Date of this License. Licensee shall pay to Licensor any and all sales tax, if any and if applicable, which may occur as a result of the payment of the above license or other fees payable under this License. 4. SPECIFICATIONS: A. The Pipe Line shall be constructed, installed, used, maintained, repaired and operated in strict accordance with any and all current requirements and specifications adopted by the American Railway Engineering and Maintenance of Way Association, and in compliance with any and all law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof or Agreement No. 410368 410368.a created thereby (collectively, “Laws”). Provided however, that all materials and workmanship employed in the construction, installation, use, maintenance, repair and operation of the Pipe Line shall be subject to the approval of the Licensor’s Chief Engineer or authorized representative. B. An underground Pipe Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a MINIMUM of forty-eight feet (48’), twenty-four feet (24’) on either side measured from the centerline of the track(s) or the full width of Licensor’s property if less than forty-eight (48’) feet. Crossings of a degree substantially greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and one half (5½’) feet beneath surface of ground at all points within Licensor’s property. C. Any appurtenance to the Pipe Line shall be constructed and maintained to a MINIMUM clearance of no less than fifteen (15’) feet from the centerline of any track(s). The side clearance of fifteen (15’) feet shall be maintained for a height of twenty-seven feet (27’). All Pipe Line(s) shall be constructed, as nearly as possible to cross under any track(s) at a right angle to said track(s). D. Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair, relocation, replacement or maintenance work to the Pipe Line or otherwise on the Premises and in the event of an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation or replacement of the Pipe Line, Licensee shall be required to execute Licensor’s standard Right of Entry for any maintenance or repair work on the Pipe Line that requires entry onto Licensor’s property or right-of-way. The Right of Entry Permit fee shall be waived for emergency repair and routine maintenance on the pipeline. E. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified in this License; and for the purposes of the safety, protective and indemnification provisions of this License, such contractors and subcontractors, their agents, servants and employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. F. Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the Pipe Line and the construction or use of the Pipe Line or other of Licensee’s facilities on Licensor’s property or the operation of any of them. G. Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee’s sole risk and expense. 5. PRESENT OCCUPATIONS: Licensee shall make appropriate arrangements with any person or entity occupying Licensor’s property which may be affected by the relocation, installation, construction or any maintenance or repair of the Pipe Line. Licensee’s Pipe Line will not unreasonably interfere with the use of Licensor’s property, or create any undue hardship on the person or entity occupying said property. Agreement No. 410368 410368.a 6. RISK, LIABILITY, INDEMNITY: A. Licensee acknowledges that persons and property on or near the Premises are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and Licensee accepts this License subject to such dangers. B. a. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE “INDEMNITEES”) AND TO ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS’ FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE, INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION. b. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS’ COMPENSATION ACT OR FEDERAL EMPLOYERS’ LIABILITY ACT. c. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD “LICENSOR” AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES. d. AS A PRECONDITION TO LICENSEE’S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR Agreement No. 410368 410368.a INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY LICENSEE. 7. INSURANCE: A. Licensee shall purchase and maintain insurance as specified below covering the License, all the work, services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company: i. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50’) of any railroad property, and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent). ii. Workers’ Compensation and Employers’ Liability Insurance providing statutory workers’ compensation benefits mandated under applicable state law and Employers’ Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap endorsement on either the Commercial General Liability or Workers’ Compensation Policy is required to meet the Employers’ Liability Insurance requirement. iii. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement. iv. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability, Employers’ Liability, and Business Automobile Liability Insurances. The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance. B. All insurance required of Licensee with the exception of Workers’ Compensation and Employers’ Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, Agreement No. 410368 410368.a shareholders, and employees (“Required Parties”) as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law. C. All insurance shall provide Licensor a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. D. If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims-made basis with a retroactive date on or before the Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. E. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that Licensor shall receive a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License. F. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of the Required Parties. G. Notwithstanding the foregoing, Licensee may self-insure for any of the above required insurance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self-insure. Licensee shall provide a letter of self-insurance to Licensor specifically stating which lines of coverage are self-insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-insurance shall be signed by Licensee’s Risk Manager or another designated authorized signatory. With respect to Workers’ Compensation, Licensee shall also provide state-issued self-insured authorization documents to Licensor, where applicable by state law. H. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent or broker who have been instructed by Licensee to procure the insurance coverage required by this License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately. I. Licensee’s compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License. 8. WAIVER: Agreement No. 410368 410368.a Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or the right or power of Licensor to execute and enforce this License. This License is made without covenant on the part of Licensor to warrant its title to the property involved with the Pipe Line, or to give or to defend Licensee in the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability (including any expenses, attorneys’ fees and costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of Licensor’s title affecting the right of Licensor to make this grant. 9. REPAIRS AND RELOCATION: A. Licensee will at all times maintain the Pipe Line in a safe and secure manner and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Pipe Line, or any part of it, or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid interference with or danger in the use or operation of Licensor’s railroad, or any of its present or future appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted by the Pipe Line, then Licensee shall, at its sole expense, and within thirty (30) days after notice from Licensor to do so, (or on shorter notice in case of an emergency), make changes to the Pipe Line as required or remove the Pipe Line, or as much of the Pipe Line as is located upon the portion of the property as required by Licensor. B. If Licensee shall fail to perform any of its obligations contained in this License as to the maintenance of safe conditions in and about the Pipe Line or to make any necessary repairs, or to relocate the Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Pipe Line to be removed from Licensor’s property. Licensor acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so. C. In case Licensor shall at any time, or from time to time, require the removal of only a portion of the Pipe Line, this License shall continue in force and be applicable to the portion or portions of the Pipe Line remaining from time to time until the entire Pipe Line has been removed and the License Fees or other fees payable under this License shall be adjusted accordingly. 10. TERMINATON: If Licensee fails to keep or perform any of Licensee’s covenants contained in this License, upon ninety (90) days written notice to Licensee and an opportunity to cure with such cure being completed within such ninety (90) day period or if such cure cannot be completed within ninety (90) days, in such time as necessary so long as Licensee is diligently pursuing such cure and in no event longer than one hundred eighty (180) days, Licensor shall have the right to terminate this License. In addition to the foregoing, Licensor shall have the right to terminate this License and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than ninety (90) days prior to each anniversary of the effective date thereof, upon the occurrence of any of the following events: Agreement No. 410368 410368.a a. If Licensee shall permanently discontinue the use of operations of the Pipe Line; or b. If Licensor shall be required by any change in applicable Federal law after the Effective Date to remove, relocate, reconstruct, or discontinue operation of Licensor’s railroad and any such removal, relocation, reconstruction, or discontinuance of operation of Licensor’s railroad cannot be accomplished without removal of the Pipeline; or c. If Licensor determines and substantiates to Licensee that the Pipe Line endangers or threatens Licensor’s employees or the safe operation or maintenance of the railroad. 11. RESTORATION: Upon termination of this License, in accordance with the provisions of Section 10 of this License, Licensee shall promptly remove the Pipe Line from Licensor’s property, and restore the property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Pipe Line within ninety days (90) after termination of this License, Licensor may remove same, and charge the expense of such removal to the Licensee on the basis provided in Section 9.B of this License. 12. MISCELLANEOUS: A. This License is executed by all Parties under current interpretation of any and all applicable Laws. Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) contained in this License shall have independent and severable status from each other separate division, or combination of them, for the determination of legality, so that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division or any other combination of them. B. In the event this License is part of a package of agreements for Licensee, this License and all other such documents shall be read as compatible parts of the package and not in contradiction to each other, such that in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall designate which clause(s) shall survive or control any others. C. Except as otherwise specified in this License, any notice or other communication required or permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited into the custody of a nationally recognized overnight delivery service, as follows: If to Licensor: If to Licensee: ATTN: Real Estate 252 Clayton Street, 4th Floor Denver, Colorado 80206 ATTN: City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 WITH A COPY TO: Phone: (630) 770-9915 ATTN: General Counsel 252 Clayton Street, 4th Floor Denver, Colorado 80206 Agreement No. 410368 410368.a D. No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by Licensor and Licensee. E. This License is made subject to the rights previously or simultaneously granted by or through Licensor for any surface, sub-surface or aerial uses antedating this License, including but not limited to, the construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe Line by Licensee. F. This License and all of the provisions contained in it shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion, and any and every attempted assignment without prior written consent shall be void and of no effect. This covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a guarantor of Licensee’s successor in interest to this License. G. Nothing in this License shall be construed to place any responsibility on Licensor for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any Licensee’s facilities. H. Any approval given or supervision exercised by Licensor under this License, or failure of Licensor to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this License. I. The failure of the Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. J. Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor’s property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed. K. In the event that Licensor shall incur any costs or expenses, including attorneys’ fees and costs, in enforcing Licensee’s covenants and agreements under this License, Licensee shall reimburse Licensor for all such costs, expenses and legal fees as an additional fee under this License. L. This License shall be governed under the laws of the State of Illinois, and venue shall be proper in the federal or state courts of the State of Illinois for any action arising under the terms of this License or Agreement No. 410368 410368.a performance of it. The section headings of this License have been inserted for convenience of reference only and they shall not be referred to in the interpretation of this License. This License shall be read with all changes of gender and number required by the context. Time shall be of the essence in this License and each of the provisions of it. M. Licensor’s remedies under this License shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy. N. All of the obligations, representations and warranties of the Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive the termination or expiration of the Term. O. Licensor shall not be responsible for any loss, damage, delay or non-performance caused by accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or beyond its reasonable control. P. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title. Q. All exhibits attached to this License are incorporated by reference as if fully set forth in this License. IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below: Licensor: Illinois Railway, LLC Licensee: City of Yorkville By: \s2\ By: \s1\ Name: \n2\ Name: \n1\ Title: \t2\ Title: \t1\ Date: \d2\ Date: \d1\ 006Jx00000XjfiwIAB 0 E Agreement No. 410368 410368.a Exhibit A Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a Agreement No. 410368 410368.a EXHIBIT B Agreement No. 410369 410369.a PIPE LINE CROSSING LICENSE THIS LICENSE (“License”) shall be effective on the last date of signature set forth below (the “Effective Date”), by Illinois Railway, LLC (“Licensor”) and City of Yorkville (“Licensee”). Licensor and Licensee may sometimes be referred to as a “Party” or collectively as the “Parties.” WITNESSETH: 1. TERM: This License shall take effect as of the Effective Date, and unless sooner terminated per the terms outlined in Section 9 and 10 of this License, shall remain in effect regardless of performance or non-performance of any of the covenants and agreements contained in this License and regardless of any fee having been paid in advance for any period without regard to any loss or damage incurred by either Party as a result of such termination or cancellation. Licensor will not execute this License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor returns a fully-executed copy to Licensee. 2. LOCATION: In consideration of the license fee or other sums of money Licensee agrees to pay to Licensor, and of the covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a fresh water Pipe Line, as more particularly described in Licensee’s application, marked Exhibit “A”, attached to this License and made a part of it by this reference, situated on, across, along or over Licensor’s property at or near the City of Yorkville, County of Kendall, and State of Illinois (the “Premises”). The term Pipe Line shall be deemed to mean the actual line(s) and any and all appurtenances and that portion of Licensor’s property, in so far as they relate to said Pipe Line. The location of the Pipe Line is more particularly described on the drawing marked Exhibit “B”, attached to this License and made a part of it by this reference, but generally described as follows: A 9.05" (inch) carrier inside 16" (inch) casing diameter, fresh water Pipe Line crossing Licensor’s property, located at or near Mile Post No. 49.80, as shown on Exhibit “B”. 3. LICENSE FEE: A. Licensee shall pay to Licensor as one time License Fee the sum of three thousand seven hundred dollars (USD $3,700.00), payable in advance on or prior to the Effective Date of this License. Licensee shall pay to Licensor any and all sales tax, if any and if applicable, which may occur as a result of the payment of the above license or other fees payable under this License. 4. SPECIFICATIONS: A. The Pipe Line shall be constructed, installed, used, maintained, repaired and operated in strict accordance with any and all current requirements and specifications adopted by the American Railway Engineering and Maintenance of Way Association, and in compliance with any and all law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof or Agreement No. 410369 410369.a created thereby (collectively, “Laws”). Provided however, that all materials and workmanship employed in the construction, installation, use, maintenance, repair and operation of the Pipe Line shall be subject to the approval of the Licensor’s Chief Engineer or authorized representative. B. An underground Pipe Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a MINIMUM of forty-eight feet (48’), twenty-four feet (24’) on either side measured from the centerline of the track(s) or the full width of Licensor’s property if less than forty-eight (48’) feet. Crossings of a degree substantially greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and one half (5½’) feet beneath surface of ground at all points within Licensor’s property. C. Any appurtenance to the Pipe Line shall be constructed and maintained to a MINIMUM clearance of no less than fifteen (15’) feet from the centerline of any track(s). The side clearance of fifteen (15’) feet shall be maintained for a height of twenty-seven feet (27’). All Pipe Line(s) shall be constructed, as nearly as possible to cross under any track(s) at a right angle to said track(s). D. Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair, relocation, replacement or maintenance work to the Pipe Line or otherwise on the Premises and in the event of an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation or replacement of the Pipe Line, Licensee shall be required to execute Licensor’s standard Right of Entry for any maintenance or repair work on the Pipe Line that requires entry onto Licensor’s property or right-of-way. The Right of Entry Permit fee shall be waived for emergency repair and routine maintenance on the pipeline. E. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified in this License; and for the purposes of the safety, protective and indemnification provisions of this License, such contractors and subcontractors, their agents, servants and employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. F. Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the Pipe Line and the construction or use of the Pipe Line or other of Licensee’s facilities on Licensor’s property or the operation of any of them. G. Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee’s sole risk and expense. 5. PRESENT OCCUPATIONS: Licensee shall make appropriate arrangements with any person or entity occupying Licensor’s property which may be affected by the relocation, installation, construction or any maintenance or repair of the Pipe Line. Licensee’s Pipe Line will not unreasonably interfere with the use of Licensor’s property, or create any undue hardship on the person or entity occupying said property. Agreement No. 410369 410369.a 6. RISK, LIABILITY, INDEMNITY: A. Licensee acknowledges that persons and property on or near the Premises are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and Licensee accepts this License subject to such dangers. B. a. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE “INDEMNITEES”) AND TO ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS’ FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE, INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION. b. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS’ COMPENSATION ACT OR FEDERAL EMPLOYERS’ LIABILITY ACT. c. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD “LICENSOR” AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES. d. AS A PRECONDITION TO LICENSEE’S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR Agreement No. 410369 410369.a INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY LICENSEE. 7. INSURANCE: A. Licensee shall purchase and maintain insurance as specified below covering the License, all the work, services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company: i. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50’) of any railroad property, and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent). ii. Workers’ Compensation and Employers’ Liability Insurance providing statutory workers’ compensation benefits mandated under applicable state law and Employers’ Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap endorsement on either the Commercial General Liability or Workers’ Compensation Policy is required to meet the Employers’ Liability Insurance requirement. iii. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement. iv. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability, Employers’ Liability, and Business Automobile Liability Insurances. The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance. B. All insurance required of Licensee with the exception of Workers’ Compensation and Employers’ Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, Agreement No. 410369 410369.a shareholders, and employees (“Required Parties”) as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law. C. All insurance shall provide Licensor a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. D. If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims-made basis with a retroactive date on or before the Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. E. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that Licensor shall receive a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License. F. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of the Required Parties. G. Notwithstanding the foregoing, Licensee may self-insure for any of the above required insurance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self-insure. Licensee shall provide a letter of self-insurance to Licensor specifically stating which lines of coverage are self-insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-insurance shall be signed by Licensee’s Risk Manager or another designated authorized signatory. With respect to Workers’ Compensation, Licensee shall also provide state-issued self-insured authorization documents to Licensor, where applicable by state law. H. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent or broker who have been instructed by Licensee to procure the insurance coverage required by this License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately. I. Licensee’s compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License. 8. WAIVER: Agreement No. 410369 410369.a Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or the right or power of Licensor to execute and enforce this License. This License is made without covenant on the part of Licensor to warrant its title to the property involved with the Pipe Line, or to give or to defend Licensee in the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability (including any expenses, attorneys’ fees and costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of Licensor’s title affecting the right of Licensor to make this grant. 9. REPAIRS AND RELOCATION: A. Licensee will at all times maintain the Pipe Line in a safe and secure manner and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Pipe Line, or any part of it, or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid interference with or danger in the use or operation of Licensor’s railroad, or any of its present or future appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted by the Pipe Line, then Licensee shall, at its sole expense, and within thirty (30) days after notice from Licensor to do so, (or on shorter notice in case of an emergency), make changes to the Pipe Line as required or remove the Pipe Line, or as much of the Pipe Line as is located upon the portion of the property as required by Licensor. B. If Licensee shall fail to perform any of its obligations contained in this License as to the maintenance of safe conditions in and about the Pipe Line or to make any necessary repairs, or to relocate the Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Pipe Line to be removed from Licensor’s property. Licensor acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so. C. In case Licensor shall at any time, or from time to time, require the removal of only a portion of the Pipe Line, this License shall continue in force and be applicable to the portion or portions of the Pipe Line remaining from time to time until the entire Pipe Line has been removed and the License Fees or other fees payable under this License shall be adjusted accordingly. 10. TERMINATON: If Licensee fails to keep or perform any of Licensee’s covenants contained in this License, upon ninety (90) days written notice to Licensee and an opportunity to cure with such cure being completed within such ninety (90) day period or if such cure cannot be completed within ninety (90) days, in such time as necessary so long as Licensee is diligently pursuing such cure and in no event longer than one hundred eighty (180) days, Licensor shall have the right to terminate this License. In addition to the foregoing, Licensor shall have the right to terminate this License and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than ninety (90) days prior to each anniversary of the effective date thereof, upon the occurrence of any of the following events: Agreement No. 410369 410369.a a. If Licensee shall permanently discontinue the use of operations of the Pipe Line; or b. If Licensor shall be required by any change in applicable Federal law after the Effective Date to remove, relocate, reconstruct, or discontinue operation of Licensor’s railroad and any such removal, relocation, reconstruction, or discontinuance of operation of Licensor’s railroad cannot be accomplished without removal of the Pipeline; or c. If Licensor determines and substantiates to Licensee that the Pipe Line endangers or threatens Licensor’s employees or the safe operation or maintenance of the railroad. 11. RESTORATION: Upon termination of this License, in accordance with the provisions of Section 10 of this License, Licensee shall promptly remove the Pipe Line from Licensor’s property, and restore the property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Pipe Line within ninety days (90) after termination of this License, Licensor may remove same, and charge the expense of such removal to the Licensee on the basis provided in Section 9.B of this License. 12. MISCELLANEOUS: A. This License is executed by all Parties under current interpretation of any and all applicable Laws. Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) contained in this License shall have independent and severable status from each other separate division, or combination of them, for the determination of legality, so that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division or any other combination of them. B. In the event this License is part of a package of agreements for Licensee, this License and all other such documents shall be read as compatible parts of the package and not in contradiction to each other, such that in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall designate which clause(s) shall survive or control any others. C. Except as otherwise specified in this License, any notice or other communication required or permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited into the custody of a nationally recognized overnight delivery service, as follows: If to Licensor: If to Licensee: ATTN: Real Estate 252 Clayton Street, 4th Floor Denver, Colorado 80206 ATTN: City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 WITH A COPY TO: Phone: (630) 770-9915 ATTN: General Counsel 252 Clayton Street, 4th Floor Denver, Colorado 80206 Agreement No. 410369 410369.a D. No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by Licensor and Licensee. E. This License is made subject to the rights previously or simultaneously granted by or through Licensor for any surface, sub-surface or aerial uses antedating this License, including but not limited to, the construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe Line by Licensee. F. This License and all of the provisions contained in it shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion, and any and every attempted assignment without prior written consent shall be void and of no effect. This covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a guarantor of Licensee’s successor in interest to this License. G. Nothing in this License shall be construed to place any responsibility on Licensor for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any Licensee’s facilities. H. Any approval given or supervision exercised by Licensor under this License, or failure of Licensor to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this License. I. The failure of the Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. J. Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor’s property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed. K. In the event that Licensor shall incur any costs or expenses, including attorneys’ fees and costs, in enforcing Licensee’s covenants and agreements under this License, Licensee shall reimburse Licensor for all such costs, expenses and legal fees as an additional fee under this License. L. This License shall be governed under the laws of the State of Illinois, and venue shall be proper in the federal or state courts of the State of Illinois for any action arising under the terms of this License or Agreement No. 410369 410369.a performance of it. The section headings of this License have been inserted for convenience of reference only and they shall not be referred to in the interpretation of this License. This License shall be read with all changes of gender and number required by the context. Time shall be of the essence in this License and each of the provisions of it. M. Licensor’s remedies under this License shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy. N. All of the obligations, representations and warranties of the Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive the termination or expiration of the Term. O. Licensor shall not be responsible for any loss, damage, delay or non-performance caused by accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or beyond its reasonable control. P. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title. Q. All exhibits attached to this License are incorporated by reference as if fully set forth in this License. IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below: Licensor: Illinois Railway, LLC Licensee: City of Yorkville By: \s2\ By: \s1\ Name: \n2\ Name: \n1\ Title: \t2\ Title: \t1\ Date: \d2\ Date: \d1\ 006Jx00000XjfiwIAB 0 E Agreement No. 410369 410369.a Exhibit A Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a Agreement No. 410369 410369.a EXHIBIT B Agreement No. 410370 410370 PIPE LINE CROSSING LICENSE THIS LICENSE (“License”) shall be effective on the last date of signature set forth below (the “Effective Date”), by Illinois Railway, LLC (“Licensor”) and City of Yorkville (“Licensee”). Licensor and Licensee may sometimes be referred to as a “Party” or collectively as the “Parties.” WITNESSETH: 1. TERM: This License shall take effect as of the Effective Date, and unless sooner terminated per the terms outlined in Section 9 and 10 of this License, shall remain in effect regardless of performance or non-performance of any of the covenants and agreements contained in this License and regardless of any fee having been paid in advance for any period without regard to any loss or damage incurred by either Party as a result of such termination or cancellation. Licensor will not execute this License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor returns a fully-executed copy to Licensee. 2. LOCATION: In consideration of the license fee or other sums of money Licensee agrees to pay to Licensor, and of the covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a fresh water Pipe Line, as more particularly described in Licensee’s application, marked Exhibit “A”, attached to this License and made a part of it by this reference, situated on, across, along or over Licensor’s property at or near the City of Yorkville, County of Kendall, and State of Illinois (the “Premises”). The term Pipe Line shall be deemed to mean the actual line(s) and any and all appurtenances and that portion of Licensor’s property, in so far as they relate to said Pipe Line. The location of the Pipe Line is more particularly described on the drawing marked Exhibit “B”, attached to this License and made a part of it by this reference, but generally described as follows: A 9.05" (inch) carrier inside 16" (inch) casing diameter, fresh water Pipe Line crossing Licensor’s property, located at or near Mile Post No. 49.76, as shown on Exhibit “B”. 3. LICENSE FEE: A. Licensee shall pay to Licensor as one time License Fee the sum of three thousand seven hundred dollars (USD $3,700.00), payable in advance on or prior to the Effective Date of this License. Licensee shall pay to Licensor any and all sales tax, if any and if applicable, which may occur as a result of the payment of the above license or other fees payable under this License. 4. SPECIFICATIONS: A. The Pipe Line shall be constructed, installed, used, maintained, repaired and operated in strict accordance with any and all current requirements and specifications adopted by the American Railway Engineering and Maintenance of Way Association, and in compliance with any and all law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof or Agreement No. 410370 410370 created thereby (collectively, “Laws”). Provided however, that all materials and workmanship employed in the construction, installation, use, maintenance, repair and operation of the Pipe Line shall be subject to the approval of the Licensor’s Chief Engineer or authorized representative. B. An underground Pipe Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a MINIMUM of forty-eight feet (48’), twenty-four feet (24’) on either side measured from the centerline of the track(s) or the full width of Licensor’s property if less than forty-eight (48’) feet. Crossings of a degree substantially greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and one half (5½’) feet beneath surface of ground at all points within Licensor’s property. C. Any appurtenance to the Pipe Line shall be constructed and maintained to a MINIMUM clearance of no less than fifteen (15’) feet from the centerline of any track(s). The side clearance of fifteen (15’) feet shall be maintained for a height of twenty-seven feet (27’). All Pipe Line(s) shall be constructed, as nearly as possible to cross under any track(s) at a right angle to said track(s). D. Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair, relocation, replacement or maintenance work to the Pipe Line or otherwise on the Premises and in the event of an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation or replacement of the Pipe Line, Licensee shall be required to execute Licensor’s standard Right of Entry for any maintenance or repair work on the Pipe Line that requires entry onto Licensor’s property or right-of-way. The Right of Entry Permit fee shall be waived for emergency repair and routine maintenance on the pipeline. E. Licensee shall require each of its contractors and subcontractors to observe and conform to the conditions and requirements specified in this License; and for the purposes of the safety, protective and indemnification provisions of this License, such contractors and subcontractors, their agents, servants and employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or subcontractors, shall be deemed the agents or employees of the Licensee. F. Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made against the Pipe Line and the construction or use of the Pipe Line or other of Licensee’s facilities on Licensor’s property or the operation of any of them. G. Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee’s sole risk and expense. 5. PRESENT OCCUPATIONS: Licensee shall make appropriate arrangements with any person or entity occupying Licensor’s property which may be affected by the relocation, installation, construction or any maintenance or repair of the Pipe Line. Licensee’s Pipe Line will not unreasonably interfere with the use of Licensor’s property, or create any undue hardship on the person or entity occupying said property. Agreement No. 410370 410370 6. RISK, LIABILITY, INDEMNITY: A. Licensee acknowledges that persons and property on or near the Premises are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and Licensee accepts this License subject to such dangers. B. a. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE “INDEMNITEES”) AND TO ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS’ FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE, INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION. b. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS’ COMPENSATION ACT OR FEDERAL EMPLOYERS’ LIABILITY ACT. c. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD “LICENSOR” AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES. d. AS A PRECONDITION TO LICENSEE’S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR Agreement No. 410370 410370 INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY LICENSEE. 7. INSURANCE: A. Licensee shall purchase and maintain insurance as specified below covering the License, all the work, services, and obligations assumed or performed hereunder, from the Effective Date until termination, unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X by A. M. Best Company: i. Commercial General Liability Insurance written on an occurrence basis subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50’) of any railroad property, and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent). ii. Workers’ Compensation and Employers’ Liability Insurance providing statutory workers’ compensation benefits mandated under applicable state law and Employers’ Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap endorsement on either the Commercial General Liability or Workers’ Compensation Policy is required to meet the Employers’ Liability Insurance requirement. iii. Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on Insurance Services Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable under federal law, Licensee shall provide an MCS 90 endorsement. iv. Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability, Employers’ Liability, and Business Automobile Liability Insurances. The required limits of insurance may be satisfied by a combination of Primary and Umbrella or Excess Liability Insurance. B. All insurance required of Licensee with the exception of Workers’ Compensation and Employers’ Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, Agreement No. 410370 410370 shareholders, and employees (“Required Parties”) as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law. C. All insurance shall provide Licensor a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. D. If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may be written on a claims-made basis with a retroactive date on or before the Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. E. Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional insured as required and state that Licensor shall receive a minimum of thirty (30) days’ advance written notice of insurer’s intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as required by this License. F. All insurance policies required of Licensee shall include a waiver of any right of subrogation written in favor of the Required Parties. G. Notwithstanding the foregoing, Licensee may self-insure for any of the above required insurance coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such financial statements acceptable prior to authorizing Licensee to self-insure. Licensee shall provide a letter of self-insurance to Licensor specifically stating which lines of coverage are self-insured and the amount of self-insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-insurance shall be signed by Licensee’s Risk Manager or another designated authorized signatory. With respect to Workers’ Compensation, Licensee shall also provide state-issued self-insured authorization documents to Licensor, where applicable by state law. H. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent or broker who have been instructed by Licensee to procure the insurance coverage required by this License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective immediately. I. Licensee’s compliance with obtaining the required insurance coverage shall in no way limit the indemnification rights and obligations specified in this License. 8. WAIVER: Agreement No. 410370 410370 Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or the right or power of Licensor to execute and enforce this License. This License is made without covenant on the part of Licensor to warrant its title to the property involved with the Pipe Line, or to give or to defend Licensee in the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability (including any expenses, attorneys’ fees and costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of Licensor’s title affecting the right of Licensor to make this grant. 9. REPAIRS AND RELOCATION: A. Licensee will at all times maintain the Pipe Line in a safe and secure manner and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Pipe Line, or any part of it, or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid interference with or danger in the use or operation of Licensor’s railroad, or any of its present or future appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted by the Pipe Line, then Licensee shall, at its sole expense, and within thirty (30) days after notice from Licensor to do so, (or on shorter notice in case of an emergency), make changes to the Pipe Line as required or remove the Pipe Line, or as much of the Pipe Line as is located upon the portion of the property as required by Licensor. B. If Licensee shall fail to perform any of its obligations contained in this License as to the maintenance of safe conditions in and about the Pipe Line or to make any necessary repairs, or to relocate the Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Pipe Line to be removed from Licensor’s property. Licensor acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so. C. In case Licensor shall at any time, or from time to time, require the removal of only a portion of the Pipe Line, this License shall continue in force and be applicable to the portion or portions of the Pipe Line remaining from time to time until the entire Pipe Line has been removed and the License Fees or other fees payable under this License shall be adjusted accordingly. 10. TERMINATON: If Licensee fails to keep or perform any of Licensee’s covenants contained in this License, upon ninety (90) days written notice to Licensee and an opportunity to cure with such cure being completed within such ninety (90) day period or if such cure cannot be completed within ninety (90) days, in such time as necessary so long as Licensee is diligently pursuing such cure and in no event longer than one hundred eighty (180) days, Licensor shall have the right to terminate this License. In addition to the foregoing, Licensor shall have the right to terminate this License and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than ninety (90) days prior to each anniversary of the effective date thereof, upon the occurrence of any of the following events: Agreement No. 410370 410370 a. If Licensee shall permanently discontinue the use of operations of the Pipe Line; or b. If Licensor shall be required by any change in applicable Federal law after the Effective Date to remove, relocate, reconstruct, or discontinue operation of Licensor’s railroad and any such removal, relocation, reconstruction, or discontinuance of operation of Licensor’s railroad cannot be accomplished without removal of the Pipeline; or c. If Licensor determines and substantiates to Licensee that the Pipe Line endangers or threatens Licensor’s employees or the safe operation or maintenance of the railroad. 11. RESTORATION: Upon termination of this License, in accordance with the provisions of Section 10 of this License, Licensee shall promptly remove the Pipe Line from Licensor’s property, and restore the property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Pipe Line within ninety days (90) after termination of this License, Licensor may remove same, and charge the expense of such removal to the Licensee on the basis provided in Section 9.B of this License. 12. MISCELLANEOUS: A. This License is executed by all Parties under current interpretation of any and all applicable Laws. Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) contained in this License shall have independent and severable status from each other separate division, or combination of them, for the determination of legality, so that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division or any other combination of them. B. In the event this License is part of a package of agreements for Licensee, this License and all other such documents shall be read as compatible parts of the package and not in contradiction to each other, such that in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall designate which clause(s) shall survive or control any others. C. Except as otherwise specified in this License, any notice or other communication required or permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited into the custody of a nationally recognized overnight delivery service, as follows: If to Licensor: If to Licensee: ATTN: Real Estate 252 Clayton Street, 4th Floor Denver, Colorado 80206 ATTN: City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 WITH A COPY TO: Phone: (630) 770-9915 ATTN: General Counsel 252 Clayton Street, 4th Floor Denver, Colorado 80206 Agreement No. 410370 410370 D. No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by Licensor and Licensee. E. This License is made subject to the rights previously or simultaneously granted by or through Licensor for any surface, sub-surface or aerial uses antedating this License, including but not limited to, the construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe Line by Licensee. F. This License and all of the provisions contained in it shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion, and any and every attempted assignment without prior written consent shall be void and of no effect. This covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a guarantor of Licensee’s successor in interest to this License. G. Nothing in this License shall be construed to place any responsibility on Licensor for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any Licensee’s facilities. H. Any approval given or supervision exercised by Licensor under this License, or failure of Licensor to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its obligations under this License. I. The failure of the Licensor to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. J. Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor’s property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed. K. In the event that Licensor shall incur any costs or expenses, including attorneys’ fees and costs, in enforcing Licensee’s covenants and agreements under this License, Licensee shall reimburse Licensor for all such costs, expenses and legal fees as an additional fee under this License. L. This License shall be governed under the laws of the State of Illinois, and venue shall be proper in the federal or state courts of the State of Illinois for any action arising under the terms of this License or Agreement No. 410370 410370 performance of it. The section headings of this License have been inserted for convenience of reference only and they shall not be referred to in the interpretation of this License. This License shall be read with all changes of gender and number required by the context. Time shall be of the essence in this License and each of the provisions of it. M. Licensor’s remedies under this License shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other remedy. N. All of the obligations, representations and warranties of the Licensee accruing under this License during the existence of this License or any renewal or extension of it shall survive the termination or expiration of the Term. O. Licensor shall not be responsible for any loss, damage, delay or non-performance caused by accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or beyond its reasonable control. P. Licensee agrees that it shall not register this License or any notice or reference in respect of this License against title. Q. All exhibits attached to this License are incorporated by reference as if fully set forth in this License. IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below: Licensor: Illinois Railway, LLC Licensee: City of Yorkville By: \s2\ By: \s1\ Name: \n2\ Name: \n1\ Title: \t2\ Title: \t1\ Date: \d2\ Date: \d1\ 006Jx00000XjfiwIAB 0 E Agreement No. 410370 410370 Exhibit A Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 Agreement No. 410370 410370 EXHIBIT B Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number ADM 2025-24 Treasurer’s Reports for May and June 2025 City Council – July 22, 2025 ADM – 7/16/25 Moved forward to CC Consent agenda. ADM 2025-24 Majority Approval Rob Fredrickson Finance Name Department May Revenues YTD Revenues Revenue Budget % of Budget May Expenses YTD Expenses Expense Budget % of Budget General Fund01 - General 2,082,332$ 2,082,332$ 25,738,613$ 8% 1,441,196$ 1,441,196$ 25,738,613$ 6%Special Revenue Funds15 - Motor Fuel Tax 79,829 79,829 1,125,830 7% - - 1,475,000 0%79 - Parks and Recreation 489,166 489,166 4,042,732 12% 301,820 301,820 4,329,254 7%87 - Countryside TIF 12,254 12,254 249,100 5% 39,927 39,927 378,957 11%88 - Downtown TIF 36,124 36,124 396,672 9% 1,022 1,022 88,822 1%89 - Downtown TIF II 23,186 23,186 296,932 8% - - 187,020 0%11 - Fox Hill SSA 1,072 1,072 24,000 4% - - 65,640 0%12 - Sunflower SSA 177 177 22,000 1% 2,710 2,710 43,640 6%Capital Project Funds25 - Vehicle & Equipment 61,706 61,706 607,916 10% 65,646 65,646 1,251,952 5%23 - City-Wide Capital 372,966 372,966 7,660,678 5% 51,175 51,175 10,991,669 0%24 - Buildings & Grounds 81,646 81,646 3,731,995 2% 24,695 24,695 31,827,532 0%Enterprise Funds *51 - Water 274,493 274,493 104,600,040 0% 209,445 209,445 110,611,404 0%*52 - Sewer 114,735 114,735 4,508,341 3% 64,829 64,829 7,283,833 1%Library Funds82 - Library Operations 78,956 78,956 1,187,771 7% 55,819 55,819 1,335,485 4%84 - Library Capital 17,384 17,384 50,750 34% - - 128,000 0%Total Funds 3,726,024$ 3,726,024$ 154,243,370$ 2% 2,258,283$ 2,258,283$ 195,736,821$ 1%* Fund Balance EquivalencyRob Fredrickson, Finance Director/TreasurerUNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ended May 31, 2025Cash BasisAs Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. June Revenues YTD Revenues Revenue Budget % of Budget June Expenses YTD Expenses Expense Budget % of Budget General Fund01 - General 3,845,791$ 5,928,122$ 25,738,613$ 23% 2,200,481$ 3,641,677$ 25,738,613$ 14%Special Revenue Funds15 - Motor Fuel Tax 80,279 160,108 1,125,830 14% - - 1,475,000 0%79 - Parks and Recreation 384,597 873,764 4,042,732 22% 298,818 600,639 4,329,254 14%87 - Countryside TIF 37,745 50,000 249,100 20% 1,022 40,948 378,957 11%88 - Downtown TIF 166,462 202,585 396,672 51% 1,022 2,043 88,822 2%89 - Downtown TIF II 124,088 147,274 296,932 50% - - 187,020 0%11 - Fox Hill SSA 11,526 12,598 24,000 52% 1,270 1,270 65,640 2%12 - Sunflower SSA 10,823 11,000 22,000 50% 1,200 3,910 43,640 9%Capital Project Funds25 - Vehicle & Equipment 28,353 90,059 607,916 15% 11,939 77,585 1,251,952 6%23 - City-Wide Capital 385,004 757,969 7,660,678 10% 564,827 616,002 10,991,669 6%24 - Buildings & Grounds 31,950 113,596 3,731,995 3% 1,518,423 1,543,118 31,827,532 5%Enterprise Funds *51 - Water 2,354,476 2,628,969 104,600,040 3% 2,104,957 2,314,401 110,611,404 2%*52 - Sewer 839,274 954,009 4,508,341 21% 541,986 606,815 7,283,833 8%Library Funds82 - Library Operations 498,899 578,086 1,187,771 49% 79,038 134,856 1,335,485 10%84 - Library Capital 8,357 25,741 50,750 51% - - 128,000 0%Total Funds 8,807,624$ 12,533,878$ 154,243,370$ 8% 7,324,982$ 9,583,265$ 195,736,821$ 5%* Fund Balance EquivalencyRob Fredrickson, Finance Director/TreasurerUNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ended June 30, 2025Cash BasisAs Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance 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 #1 Tracking Number CC 2025-54 Appointment of Freedom of Information Officer – John Burner City Council – July 22, 2025 Majority Approval Appointment of the City’s Administrative Intern, John Burner, as a FOIA Officer. Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2025-55 Illinois Environmental Protection Agency (IEPA) Authorizing Resolution City Council – July 22, 2025 Majority Approval Please see the attached memo. Rob Fredrickson Finance Name Department Summary Approval of a resolution authorizing the City’s Finance Director to sign all loan application forms and associated documentation required for participation in the Illinois Environmental Protection Agency’s (IEPA) Public Water Supply Loan Program. This includes both current and future IEPA loans, loans issued through the State Revolving Fund, and any other financing agreements necessary to support improvements to the City’s public water infrastructure. Background City staff is in the final stages of securing two low-interest loans through the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program. These loans, totaling $23,896,668, carry a highly favorable interest rate of 1.87% over a 30-year term and will support key infrastructure projects aligned with Yorkville’s long-term strategy to transition its municipal water supply from local aquifers to Lake Michigan, in partnership with the DuPage Water Commission (DWC). The approved loans will finance the following projects: 2025 Water Main Replacement Program – Approved for $5,267,284, this project marks the third consecutive year of the City’s ongoing effort to replace aging water mains throughout the distribution system. The primary objective is to reduce system-wide water loss to below 10%, which is a threshold established by the Illinois Department of Natural Resources (IDNR) that must be met before the City can begin drawing water from Lake Michigan. North Receiving Station and Northwest Elevated Water Storage Tank – With a loan amount of $18,629,384, this project will establish the infrastructure necessary to receive Lake Michigan water from the DWC and provide for its consistent and reliable distribution throughout the City’s water system. In addition, the elevated storage tank will supply essential operational storage capacity and help the City meet the minimum system storage requirements set by the DWC. In addition to these two loans, the City was recently notified that it has been awarded a third IEPA loan to finance the 2026 Water Main Replacement Program. This loan totals $5,390,000, carries a competitive 2.16% interest rate over 30 years, and is anticipated to receive final approval and execution by June 2026. This additional funding will allow the City to continue its multi-year strategy of systematically improving its water infrastructure in preparation for the Lake Michigan waters sourcing transition. To promote operational efficiency and streamline the administration of these loan agreements—including the processing of reimbursement requests for eligible project expenses—the attached resolution designates the City’s Finance Director as the authorized signatory for all documents related to current and future IEPA loans. However, please note that the authority to incur IEPA loan financing, or any other form of debt, remains solely with the City Council. The two current IEPA loans were originally authorized by the City Council via ordinance in November 2023, and subsequently reauthorized at higher amounts in March and April 2025 to reflect updated cost estimates. The 2026 IEPA loan will be presented to the City Council for formal authorization later this fall. fall. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: July 17, 2025 Subject: IEPA Authorizing Resolution Recommendation Staff recommends approval of the attached resolution. Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING A REPRESENTATIVE TO SIGN LOAN APPLICATIONS AND DOCUMENTS PERTAINING TO THE PUBLIC WATER SUPPLY LOAN PROGRAM WHEREAS, application documentation for loans for the Public Water Supply Loan Program and the loans for the City’s improvements to its Public Water Supply System require that the Mayor and the City Council of the United City of Yorkville (the “City”) to authorize a representative to sign the application forms and all supporting documentation required for the IEPA Loan #L17-6788, the IEPA Loan #L17-6789 and all other loans being made in connection with improvements to the City’s Public Water System, including loans from the State Revolving Loan Fund, all as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Rob Fredrickson, Finance Director of the United City of Yorkville, is hereby authorized to sign all loan application forms and all other documents pertaining to the Public Water Supply Loan Program including current and future IEPA Loans, loans from the State Revolving Loan Fund and all other loans required to make improvements to the City’s Public Water System. Section 2. Effective Date. This Resolution shall be in full force and effect forthwith upon its adoption. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ Resolution No. 2025-____ Page 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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 #3 Tracking Number CC 2025-56 Yorkville Public Library Annual Reports City Council – July 22, 2025 None Informational Please see the attached memo. Shelley Augustine Library Name Department 902 Game Farm Rd – Yorkville, IL 60560 – 630-553-4354 – www.yorkville.lib.il.us To: Yorkville City Council From: Shelley Augustine – Library Director Date: July 16, 2025 Subject: YPL Annual Reports I am pleased to share with you the FY25 Illinois Public Library Annual Report (IPLAR) and the FY25 Annual Report for the Yorkville Public Library. The IPLAR is a report that all Illinois public libraries must submit annually to the Illinois State Library. This report is used to collect statistical data about public libraires, including information on collections, expenditures, and salaries. The Yorkville Public Library’s annual report outlines our 5-year strategic plan, key achievements, usage statistics, financial overview, and ongoing efforts to serve the community through accessible, inclusive, and innovative library services. Highlights from this year’s report include record setting statistics in: • Library Visits: : 90,339 visitors to the library with over 113,624 items circulated. • Programs & Outreach: The Library delivered 1,376 programs serving 27,246 attendees, including youth literacy initiatives, ELL (English language learning) programs, workforce development workshops, and community partnerships. This is a 194.65% increase in the number of programs and a 269.34% increase in attendance since FY22. We remain committed to supporting lifelong learning, civic engagement, and equitable access to information for all residents. Thank you for your continued support of the Yorkville Public Library and the services and valuable resources we provide for the community. ILLINOIS PUBLIC LIBRARY ANNUAL REPORT (IPLAR) 2025YORKVILLE PUBLIC LIBRARY IPLAR IDENTIFICATION (1.1 - 1.31) This section is information about the administrative entity. "Administrative Entity" is defined as the agency that is legally established under local or statelaw to provide public library service to the population of a local jurisdiction. The administrative entity may have a single outlet or it may have more than oneoutlet (an outlet is a location, whether a central library, branch or bookmobile). The majority of the information in this section is pre-filled. If informationneeds to be updated, enter the corrected information in the box provided on the next line of the survey. 1.1 ISL Control # [PLS 151, PLS 701]30727 1.2 ISL Branch # [PLS 151, PLS 701]00 1.3a FSCS ID [PLS 150, PLS 700]IL0600 1.3b FSCS_SEQ [PLS 700]002 1.4a Legal Name of Library [PLS 152]Yorkville Public Library 1.4b If the library's name has changed, then enter the updated answer here. 1.4c Was this an official name change? 1.5a Facility Street Address [PLS 153]902 Game Farm Road 1.5b If the facility's street address has changed, then enter the updated answer here. 1.5c Was this a physical location change? 1.6a Facility City [PLS 154]Yorkville 1.6b If the facility's city has changed, then enter the updated answer here. 1.7a Facility Zip [PLS 155]60560 1.7b If the facility's zip code has changed, then enter the updated answer here. 1.8a Mailing Address [PLS 157]902 Game Farm Road 1.8b If the facility's mailing address has changed, then enter the updated answer here. 1.9a Mailing City [PLS 158]Yorkville 1.9b If the facility's mailing city has changed, then enter the updated answer here. 1.10a Mailing Zip [PLS 159]60560 1.10b If the facility's mailing zip code has changed, then enter the updated answer here. 1.11a Library Telephone Number [PLS 162]6305534354 1.11b If the telephone number has changed, then enter the updated answer here. 1.12a Library FAX Number 6305530823 1.12b If the fax number has changed, then enter the updated answer here. 1.13 Website http://www.yorkville.lib.il.us Library Director's Information Please enter the full name, title and e-mail address of the library director. 1.14 Name Shelley Augustine 1.15 Title Library Director 1.16 Library Director's E-mail saugustine@yorkville.lib.il.us Library Information Please provide the requested information about the library type. 1.17a Type of library 1.17b If the library type has changed, then enter the updated answer here. 1.18 Is the main library a combined public and school library? 1.19 Does your library contract with another library to RECEIVE ALL your library services? Contract for Services Please provide the full legal name(s) of the library(ies) with which your library contracts for service. If you need more than one line, a new one will appearonce text has been entered in the first box. Number of contracting libraries: City No No Legal name of library you contract with: Administrative Information Libraries are required by statute [75 ILCS 5/4-10(5), 75 ILCS 16/30-65(a)(2)] to provide a statement as to any extensions of library service or any changesto the limits or boundaries of library service areas. Most of the information in this section will be pre-filled. If the information is incorrect, please enter theupdated information in the box provided on the next line of the survey. If your library has had a population change, you must submit official verification tothe Illinois State Library. 1.21a County in which the administrative entity is located [PLSC 161]Kendall 1.21b If the administrative entity's county has changed, then enter the updated answer here. 1.22a Did the administrative entity's legal service area boundaries change during the past year? [PLS 205] 1.22b IF YES, indicate the reason for the boundary change 1.23a Population residing in tax base (Use the latest official federal census figure) [PLS 208]21,533 1.23b If the population residing in the tax base has had a LEGAL change, then enter the updated answer here. 1.23c Documentation of legal population change 1.24 If the population has changed from the prior year's answer, then indicate the reason. 1.25a This library is currently a member of what Illinois library system? 1.25b If the library's system has changed, then enter the updated answer here. Federal Public Library Criteria According to the Institute of Museum and Library Services' Public Library Survey, a public library is an entity that is established under state enabling laws orregulations to serve a community, district, or region, and that provides at least the following:1. An organized collection of printed or other library materials, or a combination thereof;2. Paid staff;3. An established schedule in which services of the staff are available to the public;4. The facilities necessary to support such a collection, staff, and schedule; and5. Is supported in whole or in part with public funds. 1.26 Does this library have an organized collection of printed or other library materials, or a combinationthereof? 1.27 Does this library have paid staff? 1.28 Does this library have an established schedule in which services of the staff are available to the public? 1.29 Does the library have the facilities necessary to support such a collection, staff, and schedule? 1.30 Is this library supported in whole or in part with public funds? 1.31 Does this public library meet ALL the criteria of the FSCS public library definition? [PLS 203] SERVICE OUTLETS (2.1 - 2.16) This section gathers information about the service outlets (centrals, branches, bookmobiles) of your library. Locations can only be added to this survey byState Library staff. If you have a branch or bookmobile and do not see its name listed in question 2.3a, please contact IPLAR@ilsos.gov so that it can beadded. 2.1a Total number of bookmobiles [PLS 211 & PLS 712]0 2.1b Total number of branch libraries [PLS 210]0 2.2a Are any of the branch libraries a combined public and school library? 2.2b If YES, provide the name of the branch or branches in the box provided. Service Outlet Name Location 2.3a Branch or Bookmobile Legal Name[PLS 702]2.3b If the outlet's legal name has changed, then enter theupdated answer here.2.3c Was this an official namechange? YORKVILLE P.L.YORKVILLE PUBLIC LIBRARY ISL Control Number Location 2.4 ISL Control # [PLS 701]2.5 ISL Branch # [PLS 701] YORKVILLE P.L.30727 3072700 Street Address Location 2.6a Street Address [PLS703]2.6b If the outlet's street address has changed, then enter the updatedanswer here.2.6c Was this a physical locationchange? No RAILS Yes Yes Yes Yes Yes Yes YORKVILLE P.L.902 GAME FARM ROAD Address Location 2.7a City [PLS704]2.7b If the outlet's city has changed, then enter theupdated answer here.2.8a Zip Code[PLS 705]2.8b If the outlet's zip code has changed, then enterthe updated answer here. YORKVILLE P.L.YORKVILLE 60560 County & Phone Location 2.9a County [PLS707]2.9b If the outlet's county has changed, thenenter the updated answer here.2.10a Telephone [PLS708]2.10b If the outlet's phone number has changed,then enter the updated answer here. YORKVILLE P.L.6305534354 Square Feet Location 2.11a Square Footage ofOutlet [PLS 711] 2.11b If the facility's square footage haschanged, then enter the updated answerhere. 2.11c Indicate the reason for the change/variance in square footagefor this annual report as compared to the previous annual report. YORKVILLE P.L.40,000 IDs Hours and Attendance Location 2.12 Total public service hours PER YEARfor this service outlet [PLS 713]2.13 Total number of weeks, during the fiscal year, this serviceoutlet was open for service to the public [PLS 714]2.14 Total annualattendance/visits in the outlet YORKVILLE P.L.2,860 52 90,339 ANNUAL REPORT DATA (3.1 - 3.7) Please enter the time period covered by this annual report and the name and contact information for the person preparing the report. The report periodshould cover the time from the end of the previous IPLAR through the end of your most current fiscal year. If your library switched to a new fiscal yearduring the latest period, this may mean that your report needs to cover more or less than a twelve (12) month period. 3.1 Fiscal Year Start Date (mm/dd/year) [PLS 206]05/01/2024 3.2 Fiscal Year End Date (mm/dd/year) [PLS 207]04/30/2025 3.3 Number of months in this fiscal year 12 3.4 Name of person preparing this annual report Shelley Augustine 3.5 Telephone Number of Person Preparing Report 630-553-4354 3.6 FAX Number -1 No Fax 3.7 E-Mail Address saugustine@yorkville.lib.il.us REFERENDA (4.1 - 4.7) Please enter information regarding any referenda the library was involved in during the fiscal year report period. A referendum requires a question besubmitted to the voters at an election held under the general election law. Examples are: bond issue, district establishment, tax increase. 4.1a Was your library involved in a referendum during the fiscal year reporting period? 4.1b How many referenda was your library involved in? Referendum 1 4.2 Referendum Type 4.3 If Other, what was thereferendum type?4.4 Referendum Date(mm/dd/year)4.5 Passed orFailed?4.6 Effective Date(mm/dd/year)4.7 Referendum ballot languagedocumentation Referendum 2 4.2 Referendum Type 4.3 If Other, what was thereferendum type?4.4 Referendum Date(mm/dd/year)4.5 Passed orFailed?4.6 Effective Date(mm/dd/year)4.7 Referendum ballot languagedocumentation Kendall No Referendum 3 4.2 Referendum Type 4.3 If Other, what was thereferendum type?4.4 Referendum Date(mm/dd/year)4.5 Passed orFailed?4.6 Effective Date(mm/dd/year)4.7 Referendum ballot languagedocumentation Referendum 4 4.2 Referendum Type 4.3 If Other, what was thereferendum type?4.4 Referendum Date(mm/dd/year)4.5 Passed orFailed?4.6 Effective Date(mm/dd/year)4.7 Referendum ballot languagedocumentation Referendum 5 4.2 Referendum Type 4.3 If Other, what was thereferendum type?4.4 Referendum Date(mm/dd/year)4.5 Passed orFailed?4.6 Effective Date(mm/dd/year)4.7 Referendum ballot languagedocumentation CURRENT LIBRARY BOARD (5.1 - 5.13) Please report the number of board seats and the number of vacancies. Be sure to provide current board member information; including name, position,telephone number, e-mail address, home address, and term expiration date. If there are vacancies, please explain. All personal identifying information is FOIA exempt and will NOT be released to the public. The only information that the Illinois State Library will releaseupon request is the board member name, trustee position and term expiration date. Report the most current information available. 5.1 Total number of board seats 5.2 Total number of vacant board seats 0 5.2b Please explain 5.3 This public library board of trustees attests that the current board is legally established, organized, and theterms of office for library trustees are all unexpired. 5.4 IF NO, please explain First Member 5.5 Name Theron Garcia 5.6 Trustee Position 5.7 Present Term Ends (mm/year)05/2026 5.8 Telephone Number 630-440-5586 5.9 E-mail Address theron.garcia@yorkville.lib.il.us 5.10 Home Address P.O. Box 1062 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 Second member 5.5 Name Sharon Mix 5.6 Trustee Position 5.7 Present Term Ends (mm/year)05/2027 5.8 Telephone Number 630-383-8171 5.9 E-mail Address sharon.mix@yorkville.lib.il.us 5.10 Home Address 578 W Barberry Cir 5.11 City Yorkville 5.12 State Il 9 Yes President Other 5.13 Zip Code 60560 Third member 5.5 Name Jackie Milschewski 5.6 Trustee Position 5.7 Present Term Ends (mm/year)05/2028 5.8 Telephone Number 630-251-8083 5.9 E-mail Address jackie.milschewski@yorkville.lib.il.us 5.10 Home Address 401 Heustis St 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 Fourth member 5.5 Name Valerie Burd 5.6 Trustee Position 5.7 Present Term Ends (mm/year)05/2026 5.8 Telephone Number 630-220-6484 5.9 E-mail Address valerie.burd@yorkville.lib.il.us 5.10 Home Address 300 E Hydraulic Ave 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 Fifth member 5.5 Name Tara Schumacher 5.6 Trustee Position 5.7 Present Term Ends (mm/year)5/2027 5.8 Telephone Number 630-362-0913 5.9 E-mail Address tara.schumacher@yorkville.lib.il.us 5.10 Home Address 302 Oakwood St 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 Sixth member 5.5 Name Ryan Forristall 5.6 Trustee Position 5.7 Present Term Ends (mm/year)05/2028 5.8 Telephone Number 815-570-9046 5.9 E-mail Address ryan.forristall@yorkville.lib.il.us 5.10 Home Address 1984 Banbury Ave 5.11 City Yorkville 5.12 State Illinois 5.13 Zip Code 60560 Seventh member 5.5 Name Keri Pesola 5.6 Trustee Position 5.7 Present Term Ends (mm/year)5/2028 5.8 Telephone Number 630-870-0109 5.9 E-mail Address keri.pesola@yorkville.lib.il.us 5.10 Home Address 1162 Spring St Treasurer Other Other Other Vice-President 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 Eighth member 5.5 Name Jason Hedman 5.6 Trustee Position 5.7 Present Term Ends (mm/year)5/2026 5.8 Telephone Number 630-385-2923 5.9 E-mail Address jason.hedman@yorkville.lib.il.us 5.10 Home Address 1092 Canary Ave 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 Ninth member 5.5 Name Wendy Gatz 5.6 Trustee Position 5.7 Present Term Ends (mm/year)5/2027 5.8 Telephone Number 630-383-8039 5.9 E-mail Address wendy.gatz@yorkville.lib.il.us 5.10 Home Address 1319 Evergreen Ln 5.11 City Yorkville 5.12 State IL 5.13 Zip Code 60560 FACILITY/FACILITIES (6.1-6.3b) Please provide the requested information about the library's facilities. 6.1 Total Number of Meeting Rooms 1 6.2 Total number of times meeting room(s) used by the public during the fiscal year 339 6.3 Total Number of Study Rooms 3 6.3b Total number of times study room(s) used by the public during the fiscal year 1,081 Capital Needs Assessment Public Act 96-0037, the Public Library Construction Act, requires the Illinois Secretary of State to file a comprehensive assessment report of the capitalneeds of all Illinois public libraries to the General Assembly every two years. In an effort to compile this data, please fill in the requested information below.If you have any questions about this section, please contact Mark Shaffer (217-524-4901 or mshaffer@ilsos.gov) at the Illinois State Library. Age of Facility Please indicate the number of buildings in each category below. 5 years or less 6-10 years 11-25 years 26-50 years 51-100 years 100+ years Number of Facilities 1 Type of Work Needed Please provide estimates of the costs for the type of work needed. If you do not have branch locations, the "Other Facilities" columns should be pre-populated with zeros. If not, please enter zeros to complete the section. Headquarters - Number ofBuildings Headquarters - Estimate$Other Facilities - Number ofBuildings Other Facilities -Estimate $ General repair/remodeling 1 $0 0 $0 Structural repairs (walls, foundations, etc.)1 $0 0 $0 Roof repair/replacement 1 $0 0 $0 Heating/ventilation/air conditioning 1 $30,000 0 $0 Electrical systems other than alarms 1 $0 0 $0 Secretary Other Plumbing systems 1 $0 0 $0 Egress systems (doors, stairs, etc.)1 $0 0 $0 Fire protection (detectors, alarms, etc.)1 $0 0 $0 Asbestos abatement 1 $0 0 $0 Security measures 1 $0 0 $0 Energy conservation 1 $55,000 0 $0 Repair of sidewalks, curbing, parking areas 1 $0 0 $0 Accessibility measures 1 $0 0 $0 Technology upgrading 1 $33,000 0 $0 New building construction (construction of a new facility)1 $0 0 $0 Building additions (adding square feet to existing facility)1 $0 0 $0 Type of Work in Progress Please provide estimates of the costs for the type of work currently in progress. If you do not have branch locations, the "Other Facilities" columns shouldbe pre-populated with zeros. If not, please enter zeros to complete the section. Headquarters - Number ofBuildings Headquarters - Estimate$Other Facilities - Number ofBuildings Other Facilities -Estimate $ General repair/remodeling 1 $0 0 $0 Structural repairs (walls, foundations, etc.)1 $0 0 $0 Roof repair/replacement 1 $0 0 $0 Heating/ventilation/air conditioning 1 $0 0 $0 Electrical systems other than alarms 1 $0 0 $0 Plumbing systems 1 $0 0 $0 Egress systems (doors, stairs, etc.)1 $0 0 $0 Fire protection (detectors, alarms, etc.)1 $0 0 $0 Asbestos abatement 1 $0 0 $0 Security measures 1 $0 0 $0 Energy conservation 1 $0 0 $0 Repair of sidewalks, curbing, parking areas 1 $0 0 $0 Accessibility measures 1 $0 0 $0 Technology upgrading 1 $0 0 $0 New building construction (construction of a newfacility)1 $0 0 $0 Building additions (adding square feet to existing facility)1 $0 0 $0 ASSETS AND LIABILITIES (7.1 - 7.13) The below sections request information regarding property, fiscal accumulations and outstanding liabilities. These sections are required by statute [ [75ILCS 5/4-10, 75 ILCS 16/30-65] to be included in the annual report. Please provide the requested information in each section. Property Libraries are required by statute [75 ILCS 5/4-10(4), 75 ILCS 16/30-65(a)(3)] to provide a statement as to property acquired through legacy, purchase,gift or otherwise. Please provide this information in the section below. 7.1 What is the estimated current fair market value for the library's real estate (land and buildings includinggarages, sheds, etc.)?$9,338,905 7.2 During the last fiscal year, did the library acquire any real and/or personal property? IF YES, how much of the property was acquired through the following options? (Enter dollar amount foreach option 7.3-7.6 that applies) 7.3 Purchase 7.4 Legacy 7.5 Gift 7.6 Other No 7.7 Provide a general description of the property acquired. Fiscal Accumulations Libraries are required by statute [75 ILCS 5/4-10(7), 75 ILCS 16/30-65(a)(4)] to provide a statement as to the amount of any fiscal accumulations and thereasons for the accumulations. Please provide this information in the section below. 7.8 Does your library have fiscal accumulations (reserve funds, outstanding fund balances, etc.)? 7.9 IF YES, then provide a statement that details the dollar amount(s) and the reason(s) for the fiscalaccumulations.$1,112,541 for Library Operations. $212,208 for Library Capital. Liabilities Libraries are required by statute [75 ILCS 5/4-10(8), 75 ILCS 16/30-65(a)(5)] to provide a statement as to any outstanding liabilities, including for bondsstill outstanding. Please provide this information in the section below. 7.10 Does your library have any outstanding liabilities including bonds, judgments, settlements, etc.? 7.11 IF YES, what is the total amount of the outstanding liabilities? 7.12 IF YES, then prepare a statement that identifies each outstanding liability and its specific dollar amount. OPERATING RECEIPTS BY SOURCE (8.1 - 8.21) Libraries are required by statute [75 ILCS 5/4-10(1)(9), 75 ILCS 16/30-65(a)(6)] to provide an itemized statement of operating receipts. "Operatingreceipts" are the monies received and utilized during the library's fiscal year to support the provision of ongoing, day-to-day library services. Only includefunds received during the report period. If the library was awarded a grant, but only received part of the funds during the report period, report only theportion of the grant received, not the whole amount of the grant. Exclude revenue for major capital expenditures, contributions to endowments, revenue passed through to another agency, funds unspent in previous fiscalyears (e.g. carryover), and tax anticipation warrants. NOTE: Round answers to the nearest whole dollar. Local Government This includes all local government funds designated by the community, district, or region and available for expenditure by the public library. For example,include receipts from: local property taxes (library taxes), impact fees (IL Highway Code), the Mobile Home Local Services Tax Act. Do not include the valueof any contributed or in-kind services or the value of any gifts and donations, library fines, fees, or grants. Do not include state, federal, and other fundspassed through local government for library use. Report these funds with state government revenue or federal government revenue, as appropriate. 8.1 Local government [PLS 300] (includes all local government funds designated by the community, district, orregion and available for expenditure by the public library, except capital income from bond sales which must bereported in 12.1a only) $1,894,494 8.1a Is this library's annual tax levy/fiscal appropriation subject to tax caps [the Property Tax ExtensionLimitation Law, 35 ILCS 200/18-185, et seq.]? 8.1b Local government funds for the ensuing or upcoming/current fiscal year (includes all local governmentfunds designated by the community, district, or region and available for expenditure by the public library,except capital income from bond sales.)$1,107,295 State Government These are all funds distributed to public libraries by state government for expenditure by the public libraries, except forfederal money distributed by the state. This includes funds from such sources as penal fines, license fees, and mineral rights. Note: If operating revenue from consolidated taxes is the result of state legislation, the revenue should be reported under state revenue (even though therevenue may be from multiple sources). If you are not sure if funds you received through the State of Illinois are federal of state funds, please contact IPLAR@ilsos.gov or the Library DevelopmentGroup at 217-524-8836. 8.2 Per capita grant $31,977 8.3 Equalization aid grant $0 8.4 Personal property replacement tax $8,317 8.5 Other State Government funds received $0 8.6 If Other, please specify Yes No 1 Yes 8.7 Total State Government Funds (8.2 + 8.3 + 8.4 + 8.5) [PLS 301]$40,294 Federal Government This includes all federal government funds distributed to public libraries for expenditure by the public libraries, including federal money distributed by theState of Illinois (e.g., LSTA grants paid directly to your library). If you are unsure if the funds you received through the State of Illinois were federal or state funds, please contact IPLAR@ilsos.gov or the LibraryDevelopment Group at 217-524-8836. 8.8 LSTA funds received $0 8.9 E-Rate funds received $2,673 8.10 Other federal funds received $0 8.11 If Other, please specify 0 8.12 Total Federal Government Funds (8.8 + 8.9 + 8.10) [PLS 302]$2,673 Other Income This is all operating revenue other than that reported under local, state, and federal funds. Include, for example, monetary gifts and donations received inthe current year, interest, library fines, fees for library services,or grants. Do not include the value of any contributed or in-kind services or the value of any non-monetary gifts and donations. 8.13 Monetary Gifts and Donations $0 8.14 Other receipts intended to be used for operating expenditures $63,918 8.15 TOTAL all other receipts (8.13 + 8.14) [PLS 303]$63,918 8.16 Other non-capital receipts placed in reserve funds $0 Total Operating Receipts 8.17 TOTAL receipts ( 8.1 + 8.7 + 8.12 + 8.15) [PLS 304]$2,001,379 Safeguarding of Library Funds This section requests information to verify that libraries meet the statutory required minimum level of insurance for library funds [75 ILCS 5/4-9 and 75ILCS 16/30-45(e)]. According to these statutes, “the library shall provide the Illinois State Library a copy of the library’s certificate of insurance at the timethe library’s annual report is filed.” For municipalities of less than 500,000 population, 75 ILCS 5/4-9 requires that the bond be "...not less than 10% of the total funds received by the library inthe last fiscal year...," or the insurance policy or other insurance instrument's coverage "...shall be in an amount at least equal to 50% of the averageamount of the library's operating fund from the prior 3 fiscal years." For public library districts, 75 ILCS 16/30-45(e) requires that the bond be "...based upon a minimum of 10% of the total funds received by the district in thelast previous fiscal year...," or the insurance policy or other insurance instrument's coverage "... shall be in an amount at least equal to 10% of the averageamount of the district's operating fund from the prior 3 fiscal years." 8.18a The library safeguards its funds using which option? 8.18b Proof of Certificate of Insurance for Library Funds -1Have Surety Bond 8.19 What is the coverage amount of either the surety bond OR the insurance policy/insurance instrument?$895,000 8.20 Is the amount of the surety bond, insurance policy or other insurance instrument in compliance withlibrary law? 8.21 The designated custodian of the library's funds is: OPERATING EXPENDITURES BY CATEGORY (9.1 - 11.2) Libraries are required by statute [75 ILCS 5/4-10(2), 75 ILCS 16/30-65(a)(6)] to provide an itemized statement as to how operating revenues have beenexpended during the fiscal year report period. "Operating expenditures" are the current and recurrent costs necessary to support the provision of libraryservices. Include: Significant costs, especially benefits and salaries, that are paid by other taxing agencies (government agencies with the authority to levy tax) "onbehalf of" the library may be included if the information is available to the reporting agency. Only such funds that are supported by expenditure documents(such as invoices, contracts, payroll records, etc.) at the point of disbursement should be included. Exclude: Do not report the value of free items, estimated costs, and capital expenditures. Surety Bond Yes Library Treasurer NOTE: Round answers to the nearest whole dollar. STAFF EXPENDITURES (9.1-9.3) This section gathers information on staff benefits and salaries. If the information is available, include benefits and salaries for staff that are paid by othertaxing agencies (government agencies with the authority to levy tax) "on behalf of" the library. NOTE: Round answers to the nearest whole dollar. 9.1 Salaries and wages for all library staff [PLS 350]$469,441 9.2a Fringe benefits, for all library staff, paid for from either the library's or the municipal corporate authority'sappropriation [PLS 351]$185,328 9.2b If this library answered question 9.2a as zero, please select an explanation from the drop-down box. 9.3 Total Staff Expenditures (9.1 + 9.2) [PLS 352]$654,769 COLLECTION EXPENDITURES (10.1 - 10.4) Include expenditures for all materials in all formats (e.g., print, microform, electronic) whether purchased, leased or licensed. Exclude charges or fees forinterlibrary loans and expenditures for document delivery. NOTE: Round answers to the nearest whole dollar. 10.1 Printed Materials (books, newspapers, etc.) [PLS 353]$49,330 10.2 Electronic Content Expenditures (e-books, databases, etc.) [PLS 354]$8,359 10.3a Other Physical Materials Expenditures [PLS 355]$5,074 10.3b Please list the types of materials purchased in 10.3a DVD's, Audio Books, and CD's 10.4 TOTAL Collection Expenditures (10.1 + 10.2 + 10.3) [PLS 356]$62,763 OTHER OPERATING EXPENDITURES (11.1 - 11.2) This includes all expenditures other than those reported for Staff Expenditures and Collection Expenditures.Exclude purchases of major fixed assets, which should be reported in capital expenditures (12.7). NOTE: Round answers to the nearest whole dollar. 11.1 All other operating expenditures not included above (supplies, utilities, legal fees, etc.) [PLS 357]$1,054,190 11.2 TOTAL operating expenditures (9.3 + 10.4 + 11.1) [PLS 358]$1,771,722 CAPITAL REVENUE AND EXPENDITURES (12.1 - 12.7) This section gathers information on capital revenue and expenditures. Provide information for funds received and spent during the fiscal year report periodonly. If the library was awarded a grant, but only received part of the funds during the report period, report only the amount of the funds received, not theentire grant award. Capital Revenue Include funds received during the fiscal year report period for: site acquisitions; new building(s); additions to or renovations of existing buildings;furnishings, equipment, and initial collections for new buildings, building additions, or building renovations; computer hardware and software used tosupport library operations, to link to networks, or to run information products; new vehicles; or other one-time major projects. Exclude revenue for: replacement and/or repair of existing furnishings and equipment, regular purchase of library materials, investments for capitalappreciation, income passed through to another agency (e.g., fines), and funds unspent in previous fiscal year (e.g., carryover). NOTE: Round answers to the nearest whole dollar. 12.1a Local Government: Capital Income from Bond Sales $0 12.1b Local Government: Other $0 12.1c Total Local Government (12.1a + 12.1b) [PLS 400]$0 12.2 State Government [PLS 401]$0 12.3 Federal Government [PLS 402]$0 12.4 Other Capital Revenue [PLS 403]$112,270 12.5 If Other, please specify $110,000 Development fees. $2,237 interest. $33 misc. income. 12.6 Total Capital Revenue (12.1c + 12.2 + 12.3 + 12.4) [PLS 404]$112,270 Capital Expenditures Include funds expended during the fiscal year report period for: site acquisitions; new building(s); additions to or renovations of existing buildings;furnishings, equipment, and initial collections for new buildings, building additions, or building renovations; computer hardware and software used tosupport library operations, to link to networks, or to run information products; new vehicles; or other one-time major projects. Exclude expenditures for: replacement and/or repair of existing furnishings and equipment, regular purchase of library materials, investments for capitalappreciation, income passed through to another agency (e.g., fines), and funds unspent in previous fiscal year (e.g., carryover). NOTE: Round answers to the nearest whole dollar. 12.7 Total Capital Expenditures [PLSC 405]$233,908 PERSONNEL (13.1 - 13.46) Include all positions funded in the library's budget whether those positions are filled or not. Report position figures as of the last day of the fiscal year.Include only paid employees. Do NOT include volunteers. Report personnel in the appropriate categories based on the type of library work being performed rather than on an employee's educational qualifications. The FTE (full-time equivalent/employee) calculator utilizes the IMLS/PLSC national standard for a full-time work week as 40 hours per week. Illinoislibraries should report each staff member's hours per week based on the number of hours worked. If your library considers 35-39+ hours per week as a full-time work week, then report using those figures. DO NOT inflate the hours your library considers as a full-time work week in order to force the resultingcalculation to equal 1 FTE. For national comparison purposes, your library must report the total hours per week based on your local standard. For example,for an Illinois library that considers 37.5 hours per week as a full-time work week, the FTE calculation reported nationally will be .9375 or .94 rather than1.00. Group A This category includes all LIBRARIANS with MASTER'S DEGREES from an American Library Association (ALA) ACCREDITED program of Library andInformation Studies. Another row will automatically appear once data is entered in the current row. Summary 13.1 Position Title 13.2 Primary Work Area 13.3 Hourly Rate 13.4 Total Hours/Week Group A Total 13.5 Total Group A: FTE ALA-MLS (13.4 / 40) [PLS 250]0.00 Group A hidden group hours Group B This category includes other librarians. Include employees with the TITLE of LIBRARIAN who either have other types of library education (non-AmericanLibrary Association (ALA) accredited library degrees; undergraduate library science majors or minors) OR do paid work that usually requires professionaltraining and skill in the theoretical or scientific aspects of library work, or both, as distinct from its mechanical or clerical aspects. Another row willautomatically appear once data is entered in the current row. Summary 5 5 5 42.5700025.36000 40.0000040.00000 13.6 Position Title 13.7 Primary Work Area 13.8 Education Level 13.9 Hourly Rate 13.10 Total Hours/Week Library Director $42.57 40.00 Director of Adult Services $25.36 40.00 Director of Youth Services $25.38 40.00 Circulation Manager $29.61 40.00 Technical Services Manager $22.05 40.00 Group B Total 13.11 Total Group B: FTE Other Librarians (13.10/40)5.00 Library Director Less than a Bachelor’s degree with LTA Adult Services Master’s Degree (non-ALA program) Children\'s Services Bachelor’s Degree: No library science Circulation Less than a Bachelor’s degree Cataloging Less than a Bachelor’s degree with LTA 13.12 Total FTE Librarians (13.5 + 13.11] [PLS 251]5.00 Group C This category includes full-time and part-time professional staff without the title of librarian and administrative support specialists (personnel director,business manager, public relations, other non-library specialists), information technology professionals (IT director, webmaster) and other technical andclerical employees. 13.13 Total hours worked in a typical week by all Group C employees 220.00 13.14 Minimum hourly rate actually paid $15.00 13.15 Maximum hourly rate actually paid $16.54 13.16 Total FTE Group C employees (13.13 / 40)5.50 Group D This category includes full-time and part-time pages or shelvers. 13.17 Total hours worked in a typical week by all Group D employees 0.00 13.18 Minimum hourly rate actually paid $0.00 13.19 Maximum hourly rate actually paid $0.00 13.20 Total FTE Group D employees (13.17 / 40)0.00 Group E This category includes full-time and part-time building maintenance, security or plant operation employees. 13.21 Total hours worked in a typical week by all Group E employees 0.00 13.22 Minimum hourly rate actually paid $0.00 13.23 Maximum hourly rate actually paid $0.00 13.24 Total FTE Group E employees (13.21 / 40)0.00 13.25 Total FTE Other Paid Employees from Groups C, D, and E (13.16 + 13.20 + 13.24) [PLS 252]5.50 13.26 Total FTE Paid Employees (13.12 + 13.25) [PLS 253]10.50 Librarian Vacancies Include only those budgeted librarian positions vacant on the last day of this fiscal year for which there was an active search while the position remainedvacant. Another row will automatically appear once data is entered in the current row. Summary 13.27 PositionTitle 13.28 Primary Work Area 13.29 Education Level 13.30 TotalHours/Week 13.31 Numberof WeeksVacant duringreport period. 13.32 AnnualSalary RangeMinimum 13.33 AnnualSalary RangeMaximum Newly Created Librarian Positions Include any newly created librarian positions which were created during the fiscal year reporting period. Another row will automatically appear once data isentered in the current row. Summary 13.34 PositionTitle 13.35 Primary Work Area 13.36 Education Level 13.37 TotalHours/Week 13.38 CurrentStatus: Filled orUnfilled 13.39 Date Filled(mm/year, ifapplicable) Eliminated Librarian Positions An eliminated librarian position is one that was budgeted for during the previous fiscal year period but was not in the budget for the current report period. Another row will automatically appear once data is entered in the current row. Summary 13.40 PositionTitle 13.41 Primary Work Area 13.42 Education Level 13.43 TotalHours/Week 13.44 DateEliminated(mm/year) 13.45 LastAnnual SalaryPaid 13.46 ReasonEliminated LIBRARY VISITS (14.1 - 14.1a) This section collects information on the number of library visits. This is prefilled, based on the answer from Section 2.14. 14.1 Total annual visits/attendance in the library [PLS 501]90,339 14.1a Library Visits Reporting Method [PLS 501a] PROGRAMS, ACTIVITIES & ATTENDANCE (15.1 - 15.38) Synchronous Programs:A program is any planned event which introduces the group attending to any of the broad range of library services or activities or which directly providesinformation to participants. Programs may cover use of the library, library services, or library tours. Programs may also provide cultural, recreational, oreducational information, often designed to meet a specific social need. Examples of these types of programs include film showings; lectures; story hours;literacy, English as a second language, citizenship classes; and book discussions. Count all programs, whether held on- or off-site, or held virtually as a group that are sponsored or co-sponsored by the library. Exclude programssponsored by other groups that use library facilities. If programs are offered as a series, count each program in the series. For example, a film series offeredonce a week for eight weeks should be counted as eight programs.Exclude library activities delivered on a one-to-one basis, rather than to a group, such as one-to-one literacytutoring, services to homebound, resume writing assistance, homework assistance, and mentoring activities. Note: For more information, please refer to the Counting Opinions login screen for links to: “Guidance for Programs: Live Virtual and Recorded”, “How toCount Programs and Activities”, and “Virtual Programming Guidelines”. Self-Directed Activities:A self-directed activity is any planned event for which the patron can participate on their own (instead of at a designated time with a group). Registration isnot required. A staff member may monitor the activity, but may or may not directly interact with the participants. Examples of these types of events includedrop-in craft sessions, take and make kits, library scavenger hunts (when not done as part of a group), etc. Count all self-directed activities, whether held on- or off-site, that are sponsored or co-sponsored by the library. Exclude activities sponsored by othergroups that use library facilities. If activities are offered as a series, count each activity in the series. Note: For more information, please refer to the Counting Opinions login screen for links to: “Guidance for Programs: Live Virtual and Recorded”, “How toCount Programs and Activities”, and “Virtual Programming Guidelines”. 15.1 Synchronous Programs (All Group Programs by Age)15.2 Attendance 15.3 Self Directed Activities 15.4 Self Directed Activity Participants Children (0-5)192 3,848 47 5,131 Children (6-11)179 3,554 48 5,132 Young Adults (12-18)120 1,442 49 1,290 Adults (19 and older)670 5,656 71 1,193 General Interest 0 0 0 0 Total 1,161 14,500 215 12,746 Onsite, Offsite and Virtual (All Group Programs by Type) 15.29 Program Sessions 15.30 Program Attendance Synchronous In-Person Onsite Program Sessions 1,116 13,079 Synchronous In-Person Offsite Program Sessions 25 1,276 Synchronous Virtual Program Sessions 20 145 Total 1,161 14,500 Historic - retired 2021 15.1 Total Number of Children's Programs Retired 2021 15.2 Children's Program Attendance Retired 2021 Annual Count 15.3 Total Number of Children's Passive Programs Retired 2021 15.4 Children's Passive Program Attendance Retired 2021 Asynchronous Virtual Presentations (Subset of Self-Directed Activities) 15.37 Total Number of Asynchronous (Virtual) Program Presentations [PLS 620]24 15.38 Total Views of Asynchronous (Virtual) Program Presentations [PLS 630]4,800 REGISTERED USERS (16.1 - 16.4) This section collects information about the number of resident and non-resident library users. A registered user is a library user who has applied for andreceived an identification number or card from the public library that has established conditions under which the user may borrow library materials and gainaccess to other library resources. Note: Files should have been purged within the past three (3) years. 16.1 Total Number of Unexpired Resident Cards 6,047 16.2a Total Number of Unexpired Non-resident Cards 97 16.2a (1) Of the total in 16.2a, how many Cards for Kids Act cards were issued?5 16.2a (2) Of the total in 16.2a, how many Disabled Veterans cards were issued?16 16.2b What was the total amount of the fees collected from the sale of non-resident cards during the pastfiscal year?$11,311.00 16.3 Total Number of Registered Users (16.1 + 16.2a) [PLS 503]6,144 16.4 Is your library's registered user/patron file purged a minimum of one time every three years? 16.5 Does the library charge overdue fines to any users when they fail to return physical print materials by thedate due? [PLS 504] 16.6 Did your library board adopt a policy to waive the non-resident fee for persons under the age of 18? RESOURCES OWNED (17.1 - 17.25) Libraries are required by statute [75 ILCS 5/4-10(3), 75 ILCS 16/30-65(a)(6)] to provide a statement as to the number and character of items in thelibrary's collection available for use as of the last day of the fiscal year report period. This section of the survey collects data on selected types of materials. It does not cover all materials (i.e., microforms, loose sheet music, maps, andpictures) for which expenditures are reported under Print Materials Expenditures, Electronic Materials Expenditures, and Other Material Expenditures. Underthis category report only items the library has acquired as part of the collection and cataloged, whether purchased, lease, licensed, or donated as gifts thathave been purchased, leased or licensed by the library, a consortium, the state library, a donor or other person or entity. Included items must only beaccessible with a valid library card or at a physical library location; inclusion in the catalog is not required. Do not include items freely available withoutmonetary exchange. Do not include items that are permanently retained by the patron; count only items that have a set circulation period where it isavailable for their use. 17.1 Print Materials [PLS 450]71,373 17.2 Current Print Serial Subscriptions 40 17.3 Total Print Materials (17.1+17.2)71,413 17.4 Audio Recordings: Physical Units Held at end of the fiscal year [PLS 452]4,003 17.5 DVDs/Videos: Physical Units Held at end of the fiscal year [PLS 454]3,437 17.6 Other Circulating Physical Items [PLS 462]1,835 17.7 Total Physical Items in Collection [PLS 461]80,648 Electronic Materials and Collections This section asks how the library obtains electronic materials, research databases and online learning platforms. Please answer yes or no to the followingquestions. 17.8 Did your library provide access to e-Books purchased solely by the library? Answer yes or no. [PLS 525] 17.9 Did your library provide access to e-Books purchased via a consortium, cooperative, or other similar groupat the local, regional, or state level? Answer yes or no. [PLS 526] 17.10 Did your library provide access to e-Books provided by the State Library at no or minimal cost to yourlibrary? This is prefilled. [PLS 527] 17.11 Did your library provide access to e-Serials purchased solely by the library? Answer yes or no. [PLS 528] 17.12 Did your library provide access to e-Serials purchased via a consortium, cooperative, or other similargroup at the local, regional, or state level? Answer yes or no. [PLS 529] 17.13 Did your library provide access to e-Serials provided by the State Library at no or minimal cost to yourlibrary? This is prefilled. [PLS 530] 17.14 Did your library provide access to e-Audio purchased solely by the library? Answer yes or no. [PLS 531] Yes No No No Yes No No No No No 17.15 Did your library provide access to e-Audio purchased via a consortium, cooperative, or other similargroup at the local, regional, or state level? Answer yes or no. [PLS 532] 17.16 Did your library provide access to e-Audio provided by the State Library at no or minimal cost to yourlibrary? This is prefilled. [PLS 533] 17.17 Did your library provide access to e-Video purchased solely by the library? Answer yes or no. [PLS 534] 17.18 Did your library provide access to e-Video purchased via a consortium, cooperative, or other similargroup at the local, regional, or state level? Answer yes or no. [PLS 535] 17.19 Did your library provide access to e-Video provided by the State Library at no or minimal cost to yourlibrary? This is prefilled. [PLS 536] 17.20 Did your library provide access to research databases purchased solely by the library? Answer yes or no.[PLS 537] 17.21 Did your library provide access to research databases purchased via a consortium, cooperative, or othersimilar group at the local, regional, or state level? Answer yes or no. [PLS 538] 17.22 Did your library provide access to research databases provided by the State Library at no or minimal costto the administrative entity? This is prefilled. [PLS 539] 17.23 Did your library provide access to online learning platforms purchased solely by the library? Answer yesor no. [PLS 540] 17.24 Did your library provide access to online learning platforms purchased via a consortium, cooperative, orother similar group at the local, regional, or state level? Answer yes or no. [PLS 541] 17.25 Did your library provide access to online learning platforms provided by the State Library at no orminimal cost to your library? This is prefilled. [PLS 542] USE OF RESOURCES (18.1 - 18.19) Libraries are required by statute [75 ILCS 5/4-10(3), 75 ILCS 16/30-65(a)(6)] to provide a statement as to the number and character of items circulated bythe library. Report for the library's entire fiscal year. 18.1 Circulation of Adult Physical Material 36,076 18.2 Circulation of Young Adult Physical Material 3,799 18.3 Circulation of Children's Physical Material [PLS 549]46,743 18.4 Total number of physical materials loaned (18.1 + 18.2 + 18.3)86,618 Report circulation, including renewals, by the material types below. 18.5 Books- Physical 78,023 18.6 Videos/DVDs- Physical 5,229 18.7 Audios (include music)- Physical 2,189 18.8 Magazines/Periodicals- Physical 180 18.9 Other Items- Physical [PLS 561]997 18.10 Physical Item Circulation (18.5-18.9) [PLS 553]86,618 18.11 Did your library offer automatic renewal for any physical materials during the reporting period? [PLS505] 18.12 e-Book Circulation [PLS 545]12,342 18.13 e-Serial Circulation [PLS 546]0 18.14 e-Audio Circulation [PLS 547]14,664 18.15 e-Video Circulation [PLS 548]0 18.16 Use of Electronic Materials [PLS 552]27,006 18.17 Total Circulation of Materials [PLS 550]113,624 18.18 Interlibrary Loans Provided TO Other Libraries [PLS 575]7,538 18.19 Interlibrary Loans Received FROM Other Libraries [PLS 576]18,559 PATRON SERVICES (19.1-19.2) This section gathers information on services the library provides to its patrons. Please fill in the information requested. Reference Transactions Reference Transactions are information consultations in which library staff recommend, interpret, evaluate, and/or use information resources to help othersto meet particular information needs. A reference transaction includes information and referral service as well as unscheduled individual instruction and assistance in using information sources(including web sites and computer-assisted instruction). Count Readers Advisory questions as reference transactions. NOTE: It is essential that libraries do not include directional transactions in the report of reference transactions. Directional transactions include givinginstruction for locating staff, library users, or physical features within the library. Examples of directional transactions include, “Where is the referencelibrarian? Where is Susan Smith? Where is the rest room? Where are the 600s? Can you help me make a photocopy?” Yes No No No No Yes No Yes Yes Yes Yes No If an annual count is not available, then select a typical week and multiply by 52 to estimate the annual count. 19.1 Total Annual Reference Transactions [PLS 502]8,736 19.1a Reference Transactions Reporting Method [PLS 502a] One-on-One Tutorials One-on-one tutorials are when a staff member spends a considerable amount of time tutoring or teaching a patron on a specific subject. Note that these aredifferent from programs, which are put on for a group, and reference transactions, which are limited to information consultations (see definition above). 19.2 Total Annual One-on-One Tutorials -1Unknown AUTOMATION (20.1 - 20.5) This section is collecting information about automation technology in your library. Please provide the requested information below. 20.1 Total number of ALL computers in the library 60 20.2 Total number of PUBLIC USE (Internet and non-Internet accessible) computers in the library)31 20.3 Is your library's catalog automated? 20.4 Is your library's catalog accessible via the web? 20.5 Does your library have a telecommunications messaging device for the hearing impaired? INTERNET (21.1 - 21.9) This section collects information about internet services in the library facility. Please provide the requested information below. 21.1 Does your library have Internet access? 21.2a What is the maximum speed of your library's Internet connection? (Select one) 21.2b If Other, please specify 21.3 What is the monthly cost of the library's internet access?$250 21.4 Number of Internet Computers Available for Public Use [PLS 650]25 21.5 Number of Uses (Sessions) of Public Internet Computers Per Year [PLS 651]3,050 21.5a Reporting Method for Number of Uses of Public Internet Computers Per Year [PLS 651a] 21.6 Wireless Sessions Per Year [PLS 652]6,808 21.6a Reporting Method for Wireless Sessions [PLS 652a] 21.7 Does your library utilize Internet filters on some or all of the public access computers? 21.8 Does your library provide instruction (workshops, classes) to patrons on the use of the Internet? E-RATE (22.1 - 22.3) E-Rate is the commonly used name for the Schools and Libraries Program of the Universal Service Fund, which is administered by the Universal ServiceAdministrative Company (USAC) under the direction of the Federal Communications Commission (FCC). The program provides discounts to assist schoolsand libraries in the United States to obtain affordable telecommunications and Internet access. 22.1 Did your library apply directly for E-rate discounts for the fiscal year? 22.2a If YES, did your library apply for Category 1, Category 2 or both? 22.2b IF YES, what is the dollar amount that your library was awarded for the fiscal year report period?$5,346 22.3 If NO, why did your library NOT participate in the E-rate program? STAFF DEVELOPMENT & TRAINING (23.1 - 23.3) This section focuses on staff development and training. Please provide the requested information below. 23.1 How much money did your library spend on staff development and training this fiscal year? (Roundanswer to the nearest whole dollar.)$2,354 23.2 Does the above amount include travel expenses? 23.3 How many hours of training did employees receive this year?250.00 COMMENTS AND SUGGESTIONS (24.1-24.3) Please use this section to provide further information about your library and/or comments or suggestions for changes to the IPLAR process. We will use thecomments you supply to better represent your data to the Public Library Survey and to help improve future versions of the IPLAR. 24.1 Are there any other factors that may have affected your library's annual report data of which you wouldlike to make us aware?-1No Comments Annual Estimate Based on Typical Week(s) Yes Yes No Yes 45 Mbps or more Annual Count Annual Count Yes Yes Yes Both Yes 24.2 Are there any unique programs or services your library provided during the report period of which youwould like to make us aware?-1No Comments 24.3 Please provide any comments, suggestions or concerns about the Illinois Public Library Annual Report(IPLAR).-1No Comments PUBLIC LIBRARY DISTRICT SECRETARY'S AUDIT (25.1-25.5) DISTRICT LIBRARIES ONLY Public Library Districts are required by statute [75 ILCS 16/30-65(a)(1),(c)(d)] to submit the Public Library District Secretary's Audit. NOTE: If there ARE any errors or discrepancies, please list and explain fully.NOTE: Only DISTRICT libraries need to complete this Section, all other libraries should select "Not Applicable" for all questions in this section. 25.1 Were the secretary’s records found to be complete and accurate?Not Applicable 25.2 If NO, please list and explain any errors or discrepancies.-1Not Applicable 25.3 First board member completing the audit -1Not Applicable 25.4 Second board member completing the audit -1Not Applicable 25.5 Date the Secretary's Audit was completed -1Not Applicable IPLAR CERTIFICATION Please have the library director, board president and board secretary type their names in the boxes provided to certify that they agree with the followingstatement: This Illinois Public Library Annual Report (IPLAR) is being filed in accordance with 75 ILCS 5/4-10 (municipal libraries) or 75 ILCS 16/30-65 (public librarydistricts). The undersigned authorized agents for this public library: (1) accept and acknowledge that the appended IPLAR is essentially accurate andcorrect; (2) transmit the appended IPLAR for review and any subsequent resolution; and, (3) agree that the electronic IPLAR copy submitted to the IllinoisState Library shall serve as the official file copy. Electronic Signature Date Library Director Shelley Augustine 6/25/25 President Theron Garcia 6/25/25 Secretary Jason Hedman 6/25/25 IPLAR SUBMISSION REMINDERS Follow these steps for IPLAR submission:1. Select the "Verify" button located at the top of the screen.2. Review the form and resolve any required fields or edit checks (they will be highlighted in red). In the case of edit checks, explain pragmatically why thisyear's answer is equal to, less than, or more than the previous year's answer.3. Select the "Submit/Lock" button at the top of the page. NOTE: All required questions must be answered and all edit checks must contain narrative notes in order for the survey to electronically submit, otherwiseyou will be taken to a review screen listing the questions that require additional information. If you have trouble getting the form to submit/lock, pleasecontact Pat Burg (217-785-1168, pburg@ilsos.gov). , 8.1 This number is correct. (0-2025-06-23)1 Annual Report Fiscal Year 2024-2025 Strategic Plan 2024 - 2029 Optimize Usage of Library Spaces GOALS 2.1 Analyze library spaces and make updates based on community needs Prioritize the Future Growth of the Organization GOALS 3.1 Cultivate organizational development to support staff and Trustees 3.2 Plan for growth of services to support the expanding population 3.3 Ensure long-term financial sustainability Maximize Community Engagement and Library Services GOALS 1.1 Strengthen local partnerships and expand outreach services to the community 1.2 Broaden communications to raise awareness of all the library offers 1.3 Innovate services to better connect the community to inclusive programs and collections VISION Connect Community, Explore Opportunities, Enrich Minds MISSION We are a welcoming community hub of connection and information in which to explore and discover the infinite possibilities of lifelong learning. 6 2,863 1 ,37 6/ 2 7,246 $1 .8M Visits to the Website In-Person Progr ams offered /attendance Library Use rs S aved A Year In Review Visits to the Librar y New Cards Issued/total active card holders Physical Items Checked Out 90,3 39 3 ,0 50 1 ,2 41 6 ,2 44 Ele ctr onic Materials Checked Out Computer Se ssions 8 6,6 1 8 2 7,006 Revenues PROPERTY TAXES & PERSONAL PROPERTY TAX SALARIES, WAGES, & BENEFITS PROPERTY TAXES - DEBT SERVICE OPERATIONS STATE & FEDERAL GRANTS LIBRARY MATERIALS Expenditures $1,012,671 $654,769 $864,034 $1,054,190 $31,977 $62,763 F ees, F ines, Int ere st , & Misc $92,459 Upgraded Services and Equipment Added UDEMY database (a w e ll-o rg anized learn ing pla tform wi th a wid e var iet y of c o urses led by pr o fess ional s who a re expe rt s i n th e ir fiel ds) The Li brary upgr a ded t he server an d firewall Hi red an en gineering f irm to create a RPF for rep laci ng the lib rary’s HVAC chi ller I n Jan ua ry, a n e w chi ller w as delivered and installed L o o k for a new micro food pant ry to be ins tal led in t he Fall of 20 25 Future building improvement plans U pgrad e the library lig htin g t o L ED R e pl a cing the HV AC unit s in the Mic hel le Pfis t e r M e et ing R o om Programs and Policies T his year was spen t pl a nn ing and pr e pari ng ou r n e w 3-5 year Strategic Plan w hich in cl ud e s new mi ssion an d vision statemen t s Ad ded a drop in techn o logy hel p day Computer class es for s e nio rs Ad ded a collec ti bl e c ar d program - Mag ic: Th e G a theri ng Clu b Unv e iled a new art ins tallation that was c reat ed by our commun it y m e mb e rs , staff, and volunteer s Updated the Cir culat ion , Coll ectio n D e velop ment, Library Se rvices, Internet, a nd P hotographi ng & Rec ord ing Pol ic ies Exciting Changes, Programs, and Services happening at your library! As we reflect on the past fiscal year, we are filled with gratitude and pride for the role our library continues to play in the heart of our community. In FY25 the Yorkville Public Library remained steadfast in its vision to connect community, explore opportunities, and enrich minds. With your continued support, we have made great strides in expanding access, deepening engagements, and responding to the evolving needs of our patrons. This year over 90,000 community members walked through our doors, making the library a vibrant hub of learning, creativity, and connection. We welcomed patrons of all ages and backgrounds, offering a safe and inclusive space for reading, studying, relaxing, and exploring. Programming continued to be a cornerstone of our service. We hosted 1,376 programs this year, with a total attendance of 27,246. Record-breaking participation for the library! Each program was designed to engage, educate, and inspire. None of our accomplishments would be possible without the unwavering support of our community - including our patrons, Friends of the Library, volunteers, donors, and local partners. You are the heart of our story. Whether you visited once or a hundred times this year, borrowed a book or attended a program, volunteered your time or simply cheered us on from afar - thank you. Together, we are building a stronger, smarter, and more connected community. With gratitude, Shelley Augustine - Library Director 902 Game Farm Rd - 630-553-4354 - www.yorkville.lib.il.us 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/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2025-65 South Receiving Station Standpipe Change Order No. 1 PW – 7/15/25 Moved forward to City Council agenda. PW 2025-65 Majority Consideration of Approval Consideration of Change Order No. 1 Brad Sanderson Engineering Name Department City Council – July 22, 2025 The purpose of this memo is to present Change Order No. 1 for the above-referenced project. A Change Order, as defined by the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and CB&I Storage Solutions, LLC. have entered into an agreement for a Contract value of $6,578,339.60 for the above-referenced project. Question Presented: Should the City approve Change Order No. 1 which would decrease the contract amount by $384,400.00. Discussion: The United City of Yorkville is constructing a new standpipe water storage tank near the intersection of Rt. 126 and Rt. 71. The City is constructing the standpipe due to its need for additional storage when the City switches over to Lake Michigan water. Throughout the bidding process EEI was in dialogue with different Contractors, who indicated they were interested in bidding the project. However, only one bid was received from CB&I Storage Solutions, LLC. The bid value stated above was higher than the budget for the project. This prompted EEI to engage in conversations with CB&I in an attempt to find value engineering options that could reduce the total cost of the project. The first option is to reduce the warranty on the tank. The project as bid had a warranty of three (3) years to allow for the Lake Michigan supply main to be built to bring water to the site. Originally it was believed that the tank would not be used until the Lake Michigan supply main was brought to the site, however, the intention now is to put the tank into service once construction is completed. By reducing the warranty to one (1) year, which is more typical for projects of this type, CB&I will provide a credit of $141,900. This value represents the risk associated with taking on a warranty for that additional time. The second option CB&I provided was to allow for the use of allowable stresses as identified in Section 14 of the AWWA D100 specification in lieu of a uniform allowance. Different design standards are available for steel storage tanks, each with varying levels of conservatism. The specifications within the South Receiving Station Standpipe bid documents currently do not allow for the use of higher allowable stresses as identified in Section 14 of the AWWA D100 specification, and alternative design basis. As a result, the tank design, as bid, was assumed to incorporate higher, conservative safety margins as it relates to the allowable stresses. However, for the design of standpipes, it is common practice to use the AWWA D100 Section 14 standard. AWWA D100 Section 14 is an alternative design basis specifically suited for tall, slender tanks with ground-supported flat-bottoms such as standpipes and offers a design Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: July 1, 2025 Subject: South Receiving Station Standpipe Change Order No. 1 methodology that allows for reduced shell thickness based on allowable compressive stresses, rather than requiring uniform thickness calculations across all vertical zones. CB&I has indicated that switching to this standard could reduce the steel weight of the tank by approximately 50 tons, resulting in significant cost savings. It is important to note that, even with this design approach, the tank must still meet all applicable load requirements such as dead weight, live loads, wind, and seismic forces. By permitting the use of AWWA D100 Section 14, the design becomes less conservative but remains structurally sound, offering a more cost-effective solution due to lighter shell construction and reduced anchorage requirements. The reduction in steel thickness allows for a cost reduction of $242,500. Action Required: Consideration of approval of Change Order No. 1 in the amount of $384,400.00. Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ A RESOLUTION APPROVING A CHANGE ORDER TO A CONTRACT TO CONSTRUCT A 1,500,000 GALLON STANDPIPE AND WATER MAIN 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, on June 24, 2025, the Mayor and City Council accepted a bid from CB&I Storage Tank Solutions LLC of Plainfield, Illinois (“CB&I”) in the amount of $6,578,339.60 (the “Bid”) to construct a 1,500,000 gallon standpipe and 330 feet of water main in connection with the City’s procurement of a new source water supply form the DuPage Water Commission; and, WHEREAS, after acceptance of the Bid, the City Engineer was able to renegotiate two components of the Bid including the cost of a three (3) year warranty and the use of an alternative design basis for the 1,500,000 gallon standpipe thereby reducing the Bid by a total of $384,400.00 (the “Change Order”); and, WHEREAS, the Mayor and the City Council have reviewed the Change Order and the recommendation presented by the City Engineer and have determined that approval of this Change Order is in the best interests of the City. 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 foregoing preambles are hereby adopted as if fully restated in this Section 1. Section 2. That the Change Order submitted by CB&I in the total amount of $384,400 is hereby approved. Section 3. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2025-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK (continued) CO-01 CHANGE ORDER Order No. 1 Date: 7/15/2025 Agreement Date: NAME OF PROJECT: South Receiving Station Standpipe OWNER: United City of Yorkville CONTRACTOR: CB&I Storage Solutions, LLC The following changes are hereby made to the CONTRACT DOCUMENTS: 1. CB&I provided credit reduction for a total of $384,400 Justification: CB&I provided a credit reduction of $141,900 to reduce the warranty from three years to one year. CB&I also provided a credit reduction of $242,500 to implement API 650 allowable stresses as opposed to the specified standard. Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 6,578,339.60 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 6,578,339.60 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ 384,400.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 6,193,939.60 CHANGE ORDER NO. C- Page 2 CO-02 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work will be 11/27/2026 (Date.) Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: CONTRACTOR Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville CB&I Storage Solutions 14105 S. Route 59 Plainfield, IL 60544 O: 815-439-6214 C: 224-377-9296 george.johnson@cbi.com CB&I Storage Solutions, LLC www.cbi.com June 17, 2025 United City of Yorkville | South Receiving Station Standpipe Todd Wells Project Manager Engineering Enterprises, Inc. 52-Wheeler Rd. Sugar Grove, IL 60554 Subject: Value Credit Summary Dear Todd, In response to the requested revisions to the project, we are pleased to offer the following value credits: Warranty Adjustment: Credit for changing the warranty period from 3 years to 1 year - $141,900 API Allowable Utilization: Credit for implementing API allowances - $242,500 Total Value Credit: $384,400 These credits would be reflected as a change order if the city decided to move forward. Please don’t hesitate to reach out if you have any questions or require additional information. Sincerely, On behalf of CB&I Storage Solutions, George Johnson Business Development Manager Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2025-68 New Vactor 2100i Fan Sewer Cleaner Purchase City Council – July 22, 2025 PW – 7/15/25 Moved forward to City Council agenda. PW 2025-68 Majority Approval Proposed trade-in of current unit and purchase of new unit. This purchase was approved in the FY26 Budget. Eric Dhuse Public Works Name Department Summary Staff if proposing the purchase of a new sewer cleaning truck. This purchase is budgeted in the approved FY26 budget in the amount of $650,000. Background The City last purchased a sewer cleaning truck in 2015. 10 years later, it is time for a replacement. The PW department utilizes this truck in the sewer, water, and street department. As the name implies, our sewer cleaning truck cleans miles of sanitary sewer each year to make sure our mains are working properly and there are no obstructions that can cause backups. This truck also cleans our lift station wet wells and manholes as well. In the street department, this truck performs the crucial operation of cleaning catch basins and inlets on our storm sewer system each spring and as needed. This is a requirement of our NPDES MS-4 permit. This permit is our general storm water permit that guides us in operating a public storm sewer system. This truck also performs hydro-excavations for light poles and around utilities when performing excavations. The water department utilizes the truck to assist with water main breaks, general excavation, and hydro-excavating valves and b-boxes when they need repair. This truck saves us time, energy, and money all while making the job safer as well. Our last truck like this even assisted with a grain bin extrication. It was used like a giant vacuum cleaner to remove grain from around an individual that had become stuck. After having this type of truck for 20 years, it has become an invaluable asset. This truck is vital to all our public works departments and one of our most useful tools. Unfortunately, these trucks come with a very large price tag. We looked at 3 different brands of trucks, with the average cost being ~$614,000. Every brand has their own technology and features, but for the most part, the trucks are a giant vacuum for cleaning debris, and a hose reel on the front that can clean 600’-1000’ of pipe at a time. After demonstrating all 3 in the field, we asked the employees that use the truck the most to give us their feedback. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 1, 2025 Subject: Purchase of Sewer Vac Truck The majority of the employees liked the Vactor brand truck from Standard Equipment. This truck is built right here in Illinois in LaSalle-Peru and serviced in Elmhurst. Below is a list of the top features that come standard, or that we have specified on this truck with a brief explanation of what they can do for us and why we specified them. 1. RDB (rapid deployment boom) that allows the operator to extend the suction boom out 10’ and extends the debris hose out 15’ which eliminates the need to put tube extensions on the truck. When we are performing the annual storm sewer catch basin cleaning, this will save us a lot of time and work since we won’t have to take the tubes on and off each time, we move more than a few feet. 2. H.A.L.O. (Hands-free accessory lighting option) this is a battery-operated light on a reel that drops into the manhole or wet well, to light it up while we are working in it. Most of the time, you have someone holding a spotlight and shining it in the manhole to light it up. This person is stuck doing that job and can’t really move to help with anything else. This accessory will serve as that person and allow us to perform much more efficiently. This accessory is also explosionproof and waterproof which are mandatory in this environment. This accessory is an additional $3720 3. Sludge pump offload system – this will allow us to empty the debris tank while still operating the hydro-excavator. When the crew is repairing a water main break, cleaning storm sewers, or hydro-excavating a large job, we can pump the water out to the storm sewer without stopping operations. Again, this is a tremendous time saver. The crew won’t have to break down the truck, leave the site to dump at the Tower Lane site or at YBSD, then return to the site and set up again. This accessory is an additional $17,298 This truck is a very expensive purchase and taken is very seriously. We know that this truck must work for us for 10 solid years, and maybe longer. This truck must be reliable, durable, serviceable, user friendly, and our vendor must be able to provide parts, service, and support throughout this time. We feel that the Vactor Unit and Standard Equipment can do this for us. The cost of this unit is as follows: Base Cost Model 2100i w/Western Star Chassis $634,033.67 H.A.L.O. Hands Free Accessory Lighting Option $3,720 Sludge Pump Offload System $17,298 Total Cost of Unit with Accessories $655,051.67 Trade in of 2014 Vac Con Combination Machine $95,000 Net Cost to City of Yorkville $560,061.67 In the approved budget, we have $650,000 for the cost of the unit and $125,000 for our trade in. this makes the net cost $525,000 which creates an overage of $35,061. To make up for that, staff is proposing to use the savings from the Blackberry North generator that was approved in May. We originally budgeted $153,000 for the replacement and the price came in at $74,000 leaving us a positive balance of $79,000. The difference in trade in price and the budgeted amount is due to the fact that all the vendors feel that they would have to replace the tank on the truck because it is becoming too thin and may rupture. They do not feel comfortable reselling the unit as is. The estimated cost of the replacement is about $75,000. I have attached the other vendor’s quotes along with a breakdown of each quote below. EJ Equipment Vac Con unit. This is the brand of truck we currently own and operate. We have had less than good luck with this truck, the repairs of been very frequent and expensive and the time for service has been lengthy. This truck also has a twin engine with fan setup, which seems to be the older technology, whereas the other trucks we demonstrated had single engines with hydraulic pumps. This truck did not offer rapid deployment boom either, we feel that feature is a key component for our operations. The cost of this unit is as follows: Vac Con CV312HE/1300 Combination sewer cleaner $608,761 Trade in of 2014 Vac Con Combination Machine $125,000 Net Cost to City of Yorkville $483,761 This truck is not available with the rapid deployment boom, the sludge pump system, or the HALO lighting. This is also the 2-engine unit and the brand we currently own and have not been very satisfied with the truck. This truck was also quoted with a Freightliner chassis instead of a Western Star which is approximately a $25,000 increase. Lastly, the vendor can offer more on trade in since they can replace the tank on the truck for less cost than the other vendors. The last vendor was Brown Equipment Company. They quoted us a Sewer Equipment of America unit. We had not seen this brand of truck before, even though the company has been around for a long time. This unit had some really nice features, especially with the boom. This unit was more what we are looking for, but they do not offer the rapid deployment boom. We feel this is a key feature that we will utilize to save time and improve safety. This is our second choice of truck, out of the 3 that were tested. Sewer Equipment of America Model 900 $599,000 In stock unit discount $33,000 Trade in of 2014 Vac Con Combination Machine $90,000 Net Cost to City of Yorkville $476,000 This truck does include a pump system but does not include the rapid deployment boom or the HALO lighting. This is a demo quote, so there are hours on the machine and miles on the chassis, hence the discounted price. All of the quotes were Sourcewell contracts. Recommendation Staff recommends the purchase of the Vactor 2100i from Standard Equipment with the specified accessories and a Western Star chassis in the amount of in the amount of $655,051.67 and the trade in of the 2014 Vac Con unit with a credit of $95,000, for a total cost to the city $560,061.67. Resolution No. 2025 - ___ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING THE PURCHASE OF A SEWER VAC TRUCK 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 Public Works Department has determined that the City’s sewer cleaning truck, which is ten years old, must be replaced as it is used in the water, sewer and street department; and WHEREAS, Standard Equipment of Elmhurst, Illinois (the “Supplier”) has submitted a quote for a New Vactor 2100i Fan Sewer Cleaner on a Western Star 47x Chassis with needed accessories (the “Equipment”) for a total of $655,051.67 (the “Quote”); and WHEREAS, the total cost of $655,051.67 is to be reduced by a credit of $95,000 for the trade-in of the City’s Van Con Combination Machine; however, the total purchase price remains $35,061 over budget and the Director of Public Works has requested that this overage be offset by the acquisition of other equipment during this fiscal year which has been under budget; and WHEREAS, the City used Sourcewell competitive procurement system to obtain the Quote from the Supplier and finds the Supplier’s price to be reasonable; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the health and safety of the City and its residents to authorize and approve the purchase of the Equipment from the Supplier as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Resolution No. 2025 - ___ Page 2 Section 1. The foregoing recitals are incorporated into this Resolution as the findings of the Corporate Authorities. Section 2. The City Administrator is authorized and directed to proceed with the purchase of the Equipment for an amount not to exceed $655,051.67 and to trade-in the City’s Van Con Combination Machine and receive in trade-in credit of $95,000. 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. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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: At the time of packet creation, updated packet materials for the Cannonball Estates SSA budget were not available. The updated packet materials will be distributed via a supplemental packet prior to the meeting, or the packet materials will be verbally presented at the meeting. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2025-69 Cannonball Estates SSA Plan City Council – July 22, 2025 PW – 7/15/25 Moved forward to City Council agenda. PW 2025-69 Majority Approval Please see below for agenda item notes. Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2025-69 Cannonball Estates SSA Plan Public Works Committee – July 15, 2025 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Packet materials from 7/17/25 PW meeting to follow Summary Discussion of the Cannonball Estates common area maintenance, including implementation of a backup SSA and the communication strategy to residents. Background A few months ago, the City was notified by the last remaining Cannonball Estates HOA board member that the HOA board had effectively disbanded, that no dues were being collected from the subdivision residents, and that maintenance on the common areas had ceased. The board member asked the City to begin maintenance of the common areas, and indicated they would spend the remaining HOA funds on detention basin maintenance, per the City’s directions after our last basin inspection. Since then, the City has mowed the berm and tracked the cost, and has researched our ability to implement the backup HOA SSA. The City has the ability to accept maintenance of the common areas in the subdivision through the backup HOA SSA. This subdivision’s backup HOA SSA was created in a way that allows the City to simply do the maintenance, and then file an annual HOA SSA tax levy at the end of the calendar year. Accordingly, we have drafted the following proposed annual budget: Cannonball Estates Units I and II Work Item Quantity Unit Price Cost Yr. Cost 1 Mowing 4.3 AC $60 $258 $7,224 2 Edging 1 LS $7,500 $7,500 $7,500 3 Mulch 350 CUYD $75 $26,250 $26,250 4 Tree Trim 1 LS $10,000 $10,000 $10,000 5 Tree Repl. 10 EA $500 $5,000 $5,000 6 Pond Mowing 2.56 AC $60.00 $154 $4,301 7 Pond Maint. 1 LS $3,000.00 $3,000 $3,000 Yearly Cost $63,275 Mgmt. Fee 15% $9,491 Total Cost $72,766 Cost per Home (111 lots) $656 Memorandum To: City Council From: Bart Olson, City Administrator CC: Date:-XO\ Subject: Cannonball Estates SSA Plan Of note on the prior budget estimate, there is a fair amount of deferred maintenance in the subdivision that should be completed according to City standards. We would expect the annual fee to drop to between $400 and $500 per home after a few years. Additionally, the management fee is a ballpark cost estimate, and reflects the City having to outsource the management of the various maintenance programs to an outside firm. The City has not contacted any management companies yet, and this cost may change. Per common understandings at time of subdivision approvals, the City does not wish to be responsible for common area maintenance of any subdivision. Accordingly, we wish to communicate with the residents a last chance notice to reform their HOA and take on the responsibility of common area maintenance (which allows them to control and plan their own dues) vs. leaving it to the City (where they will have no control over the maintenance or the dues). Thus, we have drafted a letter to every home in the subdivision (attached). We seek the City Council’s feedback on the letter and the general communication process moving forward. Recommendation Staff seeks review of the annual budget and letter to the residents. If the City Council agrees with those two items, we would seek to send the letter to residents in the next few weeks, and bring the issue back to a committee meeting later in the calendar year in advance of the tax levy contemplated for the end of the calendar year. July X, 2025 <HOA Contact Name> <Mailing Address> <City, State Zip> Dear <HOA Contact Name>, It has come to the City’s attention that the Cannonball Estates Homeowner’s Association (HOA) has ceased maintaining the common areas within your subdivision. City staff has confirmed with the Association’s representative that there are currently no plans to resume this maintenance moving forward. Cannonball Estates Subdivision is subject to a backup Special Service Area (SSA), which enables the City to perform the necessary maintenance and recover the associated costs through a tax levy applied to each subdivision residents’ property tax bills. This backup SSA and an annual SSA tax levy can be implemented by the City unilaterally. Based on our current estimates, the cost to maintain the common areas is approximately $656 per home annually. While this amount may decrease in future years, there is significant deferred maintenance that must be addressed during the initial year of the City-led maintenance. The maintenance of common areas is a subdivision specific responsibility, agreed to by the City and the property owners of your subdivision when the subdivision was approved by the City Council in 1999. This arrangement of common area maintenance responsibility by the residents of each subdivision is in place in most subdivisions in the City built in that era. The City prefers that you and your neighbors reconstitute the HOA and perform the common area maintenance, which would allow you full control of what maintenance work occurs, when it occurs, and how much it costs to complete said work. Therefore, unless the HOA notifies the City it will resume full maintenance responsibilities prior to [INSERT DATE], the City intends to proceed with enacting the SSA tax levy on [INSET DATE] and assume maintenance of the common areas. We appreciate your efforts to work cooperatively with the City of Yorkville. If you have any questions or need additional information, please contact me at 630-553-4350 or bolson@yorkville.il.us. Sincerely, Bart Olson City Administrator United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 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 Administration Committee #1 Tracking Number ADM 2025-27 Fiscal Year 2026 Computer Purchase Order City Council – July 22, 2025 ADM – 7/16/25 Moved forward to City Council agenda. ADM 2025-27 Majority Approval Please see the attached. Erin Willrett Administration Name Department Summary Approval of FY26 computer purchases. Background In 2019, the City developed a computer replacement schedule. This allowed employees to have access to a computer with a current warranty and also allowed the IT provider to work on models that were consistent. For this fiscal year, staff is recommending purchasing 31 laptops and docking stations, and 4 monitors. The following pricing/options was presented to staff: x DCW for a total of $49,436 x Paragon for a total of $43,728.34 x Insight* for a total of $53,531 (*An old model was priced from insight) Recommendation Staff is recommending the approval of the Paragon Quotes for the FY26 computer equipment for a total of $43,728.34. This amount is within the FY6 budget. Memorandum To: Administration Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: July 16, 2025 Subject: FY26 Computer Purchase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esolution No. 2025-____ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING THE BID AND PURCHASE OF COMPUTERS, DOCKING STATIONS, AND MONITORS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City solicited for bids for laptop computers, docketing stations and monitors in accordance with the City’s schedule for computer replacement and received three bids for all of said computer equipment ranging from $53,531, as the highestbid, to $43,728.34, as the lowest bid; and, WHEREAS, after a review of each of the bids, the City staff hereby recommends that the City Council accept the lowest bid from Paragon Micro of Chicago, Illinois, in the amount of $43,728.34 and approve the purchase of all of the computer equipment as itemized in Paragon Micro’s bid documents. 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 foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. That the bid from Paragon Micro in the amount of $43,728.34 for thirty-one (31) laptop computers and docking stations and four (4) monitors be accepted and the purchase of said equipment be approved. Resolution No. 2025-____ Page 1 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. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Paragon Micro PO Box 775695 Chicago IL 60677-5695 Quote Date: 7/1/2025 Quote # Q5218178 Bill To: City of Yorkville Accounts Payable 651 Prairie Point Yorkville IL 60560 Ship To: City of Yorkville Erin Willrett 651 Prairie Pointe Yorkville IL 60560 Expires: 7/31/2025 Cost CenterTerms Credit Card Quote Name Dell Pro 16 Plus - Ultra7/16GB/512GB SSD/Win11/3Yr Pro (11) External Notes DUNS: 800436714 TIN: 20-0144408 CAGE CODE: 4ZHT8 Sales Rep Russo, Jeff 847-719-8417 jrusso@paragonmicro.com Customer Contact Contact: Willrett, Erin Account: CO37513 PO#: Phone: Email: ewillrett@yorkville.il.us Qty 11 MPN CUST-NB-DEL L Description Dell Pro 16 Plus - Intel Core Ultra 7 265U / 16GB RAM / 512GB SSD / Win 11 Pro / 16“, Non-Touch, FHD+, 300 nit, 45% NTSC, Anti-Glare, FHD+ / IR Camera & Mic / Integrated Intel graphics / Intel Wi-Fi 6E, 2x2, 802.11ax, Bluetooth / 3Yr ProSupport Dell Pro 16 Plus (PB16250) BTX Base 210-BPCM - 1 - Intel(R) Core(TM) Ultra 7 265U vPro(R) (12 TOPS NPU, 12 cores, up to 5.3 GHz) 379-BFXR - 1 - Windows 11 Pro 619-BBQD - 1 - 16 GB: 1 x 16 GB, DDR5, 5600 MT/s (5200 MT/s with Intel Core processors) 370-BCNG - 1 - Integrated Intel® graphics for Intel® Core™ Ultra 7 265U vPro® processor 338-CRJC - 1 - 512 GB SSD 400-BSLJ - 1 - English, French, Spanish, Brazilian Portuguese 619-BBPD - 1 - 16”, Non-Touch, FHD+, 300 nit, 45% NTSC, Anti-Glare, FHD+IR Cam 391-BJPT - 1 - No Fingerprint Reader, No Smart Card Reader, includes RJ-45 346-BLJP - 1 - FHD HDR + IR Camera, Facial Recognition, TNR, Camera Shutter, Microphone 319-BBKH - 1 - English US backlit Copilot key keyboard with numeric keypad 583-BMQF - 1 - Intel® AX211 WLAN Driver 555-BLRW - 1 - Intel® Wi-Fi 6E AX211, 2x2, 802.11ax, Bluetooth® 5.3 card 555-BLLZ - 1 - 3-cell, 55 Wh, ExpressCharge Capable, ExpressCharge Boost Capable 451-BDKX - 1 - 65W AC adapter, USB Type-C 492-BDTG - 1 - E4 Power Cord 1M for US 537-BBDO - 1 - Quick Start Guide 340-DTVS - 1 - Documentation 340-DNBV - 1 - ENERGY STAR Qualified 387-BBLW - 1 - Fixed Hardware Configuration 998-HLJM - 1 - Dell Pro 16 Plus Min Packaging 340-DSMM - 1 - POD Label 389-EDJB - 1 - EPEAT 2018 Registered (Gold) 379-BDZB - 1 - Intel Core Ultra 7 vPro Processor Label 389-FJMJ - 1 - Intel(R) Rapid Storage Technology Driver 409-BCYN - 1 - No WWAN (WLAN only) Tray 321-BLQH - 1 - Intel® vPro® Enterprise Technology Enabled 631-BCCF - 1 - Intel(R) Connectivity Performance Suite 640-BBTF - 1 - Dell Limited Hardware Warranty 714-0464 - 1 - ProSupport: Next Business Day Onsite, 1 Year 714-6663 - 1 - ProSupport: Next Business Day Onsite, 2 Year Extended 714-6670 - 1 - ProSupport: 7x24 Technical Support, 3 Years 714-6686 - 1 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 1 - Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport 989-3449 - 1 - Activate Your Microsoft 365 For A 30 Day Trial 630-ABBT - 1 - Dell Additional SW - Dell Pro Laptop 658-BFVB - 1 - Notes Mfg # 3000191856521 Unit Price 1,259.99 Total 13,859.89 Page 1 of 2 Paragon Micro PO Box 775695 Chicago IL 60677-5695 Page 2 of 2 Quote Date: 7/1/2025 Quote # Q5218178 Expires: 7/31/2025 Qty MPN Description Notes Unit Price Total Subtotal Shipping Cost (FedEx Ground® (2-5 Business Days)) Total 13,859.89 0.00 $13,859.89 We value your business and will continue to provide you with excellent service in addition to our comprehensive product line. SALES TAXES ARE ESTIMATED and may change depending on the rates levied by the destination’s tax jurisdiction at the time of invoicing. Finalized invoice will be sent by Paragon Micro’s Accounting Department. PRICING AND INFORMATION DISCLAIMER: All pricing is subject to change without notice. For all prices, products and offers, Paragon Micro, Inc. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Paragon Micro, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Paragon Micro, Inc. makes no warranties or representations as to the Site’s accuracy. Paragon Micro, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site. ______________________________________________ ______________________________________________ Accepted By: Printed Name Purchase Order # ______________________________________________ ______________________________________________ Authorized Signature Date Paragon Micro PO Box 775695 Chicago IL 60677-5695 Quote Date: 7/1/2025 Quote # Q5218179 Bill To: City of Yorkville Accounts Payable 651 Prairie Point Yorkville IL 60560 Ship To: City of Yorkville Erin Willrett 651 Prairie Pointe Yorkville IL 60560 Expires: 7/31/2025 Cost CenterTerms Credit Card Quote Name Dell Pro 14 Plus - Ultra5/16GB/256GB SSD/Win11/3Yr Pro (20) External Notes DUNS: 800436714 TIN: 20-0144408 CAGE CODE: 4ZHT8 Sales Rep Russo, Jeff 847-719-8417 jrusso@paragonmicro.com Customer Contact Contact: Willrett, Erin Account: CO37513 PO#: Phone: Email: ewillrett@yorkville.il.us Qty 20 MPN CUST-NB-DEL L Description Dell Pro 14 Plus- Intel Core Ultra 5 235U / 16GB RAM / 256GB SSD / Win 11 Pro / 14“, Non-Touch, FHD+, 300 nit, 45% NTSC, Anti-Glare, FHD+ / IR Camera & Mic / Integrated Intel Arc graphics / Intel Wi-Fi 6E, 2x2, 802.11ax, Bluetooth / 3Yr ProSupport Dell Pro 14 Plus (PB14250) BTX Base 210-BPDL - 1 - Intel(R) Core(TM) Ultra 5 235U vPro(R) (12 TOPS NPU, 12 cores, up to 4.9 GHz) 379-BFXD - 1 - Windows 11 Pro 619-BBQD - 1 - 16 GB: 1 x 16 GB, DDR5, 5600 MT/s (5200 MT/s with Intel Core processors) 370-BCNG - 1 - Integrated Intel graphics for Intel Core Ultra 5 235U vPro processor 338-CRMP - 1 - 256 GB TLC SSD 400-BSLV - 1 - English, French, Spanish, Brazilian Portuguese 619-BBPD - 1 - 14”, Non-Touch, FHD+, 300 nit, 45% NTSC, Anti-Glare, FHD+IR Cam 391-BJQK - 1 - No Fingerprint Reader, No Smart Card Reader, includes RJ-45 346-BLCZ - 1 - FHD HDR + IR Camera, Facial Recognition, TNR, Camera Shutter, Microphone 319-BBKH - 1 - English US backlit Copilot key keyboard, 79-key 583-BMLQ - 1 - Intel(R) AX211 WLAN Driver 555-BLNY - 1 - Intel® Wi-Fi 6E AX211, 2x2, 802.11ax, Bluetooth® 5.3 card 555-BLLZ - 1 - 3-cell, 55 Wh, ExpressCharge Capable, ExpressCharge Boost Capable 451-BDKX - 1 - 65W AC adapter, USB Type-C 492-BDTG - 1 - E4 Power Cord 1M for US 470-BCXK - 1 - Quick Start Guide 340-DSJG - 1 - Documentation 340-DNBV - 1 - ENERGY STAR Qualified 387-BBLW - 1 - Fixed Hardware Configuration 998-HNBT - 1 - BTS ARL CPU+65W Adapter,Clamshell 340-DTPP - 1 - POD Label 389-EDJB - 1 - EPEAT 2018 Registered (Gold) 379-BDZB - 1 - Intel(R) vPro(R) Enterprise Technology Enabled 631-BBZZ - 1 - No WWAN (WLAN only) Tray, includes RJ-45, Clamshell 321-BLPD - 1 - Intel(R) Connectivity Performance Suite 640-BBTF - 1 - Intel Rapid Storage Technology Driver 409-BCYM - 1 - Intel Core Ultra 5 vPro Processor Label 389-FJMH - 1 - Dell Limited Hardware Warranty 714-0464 - 1 - ProSupport: Next Business Day Onsite, 1 Year 714-6663 - 1 - ProSupport: Next Business Day Onsite, 2 Year Extended 714-6670 - 1 - ProSupport: 7x24 Technical Support, 3 Years 714-6686 - 1 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 1 - Notes Mfg # 3000191856512 Unit Price 1,029.99 Total 20,599.80 Page 1 of 2 Paragon Micro PO Box 775695 Chicago IL 60677-5695 Page 2 of 2 Quote Date: 7/1/2025 Quote # Q5218179 Expires: 7/31/2025 Qty MPN Description Notes Unit Price Total Subtotal Shipping Cost (FedEx Ground® (2-5 Business Days)) Total 20,599.80 0.00 $20,599.80 We value your business and will continue to provide you with excellent service in addition to our comprehensive product line. SALES TAXES ARE ESTIMATED and may change depending on the rates levied by the destination’s tax jurisdiction at the time of invoicing. Finalized invoice will be sent by Paragon Micro’s Accounting Department. PRICING AND INFORMATION DISCLAIMER: All pricing is subject to change without notice. For all prices, products and offers, Paragon Micro, Inc. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Paragon Micro, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Paragon Micro, Inc. makes no warranties or representations as to the Site’s accuracy. Paragon Micro, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site. ______________________________________________ ______________________________________________ Accepted By: Printed Name Purchase Order # ______________________________________________ ______________________________________________ Authorized Signature Date Paragon Micro PO Box 775695 Chicago IL 60677-5695 Quote Date: 7/1/2025 Quote # Q5218181 Bill To: City of Yorkville Accounts Payable 651 Prairie Point Yorkville IL 60560 Ship To: City of Yorkville Erin Willrett 651 Prairie Pointe Yorkville IL 60560 Expires: 7/31/2025 Cost CenterTerms Credit Card Quote Name Dell Smart Dock SD25TB4 (31) External Notes DUNS: 800436714 TIN: 20-0144408 CAGE CODE: 4ZHT8 Sales Rep Russo, Jeff 847-719-8417 jrusso@paragonmicro.com Customer Contact Contact: Willrett, Erin Account: CO37513 PO#: Phone: Email: ewillrett@yorkville.il.us Qty 31 MPN Custom Dell Dock Sku Description Dell Pro Thunderbolt 4 Smart Dock SD25TB4 with 3 years Advanced Exchange Service Notes Unit Price 274.99 Total 8,524.69 Subtotal Shipping Cost (FedEx Ground® (2-5 Business Days)) Total 8,524.69 0.00 $8,524.69 We value your business and will continue to provide you with excellent service in addition to our comprehensive product line. SALES TAXES ARE ESTIMATED and may change depending on the rates levied by the destination’s tax jurisdiction at the time of invoicing. Finalized invoice will be sent by Paragon Micro’s Accounting Department. PRICING AND INFORMATION DISCLAIMER: All pricing is subject to change without notice. For all prices, products and offers, Paragon Micro, Inc. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Paragon Micro, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Paragon Micro, Inc. makes no warranties or representations as to the Site’s accuracy. Paragon Micro, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site. ______________________________________________ ______________________________________________ Accepted By: Printed Name Purchase Order # ______________________________________________ ______________________________________________ Authorized Signature Date Paragon Micro PO Box 775695 Chicago IL 60677-5695 Quote Date: 7/1/2025 Quote # Q5218182 Bill To: City of Yorkville Accounts Payable 651 Prairie Point Yorkville IL 60560 Ship To: City of Yorkville Erin Willrett 651 Prairie Pointe Yorkville IL 60560 Expires: 7/31/2025 Cost CenterTerms Credit Card Quote Name Acer EB321HQ - 31.5“ / XV240Y - 24” LED (2/2) External Notes DUNS: 800436714 TIN: 20-0144408 CAGE CODE: 4ZHT8 Sales Rep Russo, Jeff 847-719-8417 jrusso@paragonmicro.com Customer Contact Contact: Willrett, Erin Account: CO37513 PO#: Phone: Email: ewillrett@yorkville.il.us Qty 2 2 MPN UM.JE1AA.A01 UM.QX0AA.30 1 Description Acer EB321HQ - LED monitor - 31.5“ - 1920 x 1080 Full HD (1080p) @ 60 Hz - IPS - 300 cd/m² - 4 ms - HDMI, VGA - black Acer Nitro XV240Y M3bmiiprx - XV0 Series - LED monitor - gaming - 24” (23.8“ viewable) - 1920 x 1080 Full HD (1080p) @ 180 Hz - IPS - 250 cd/m² - 1000:1 - HDR10 - 0.5 ms - 2xHDMI, DisplayPort - speakers - black Notes Unit Price 234.99 136.99 Total 469.98 273.98 Subtotal Shipping Cost (FedEx Ground® (2-5 Business Days)) Total 743.96 0.00 $743.96 We value your business and will continue to provide you with excellent service in addition to our comprehensive product line. SALES TAXES ARE ESTIMATED and may change depending on the rates levied by the destination’s tax jurisdiction at the time of invoicing. Finalized invoice will be sent by Paragon Micro’s Accounting Department. PRICING AND INFORMATION DISCLAIMER: All pricing is subject to change without notice. For all prices, products and offers, Paragon Micro, Inc. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Paragon Micro, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Paragon Micro, Inc. makes no warranties or representations as to the Site’s accuracy. Paragon Micro, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site. ______________________________________________ ______________________________________________ Accepted By: Printed Name Purchase Order # ______________________________________________ ______________________________________________ Authorized Signature Date 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: No vote will take place on this agenda item at this meeting. Discussion may or may not occur, depending on whether members of the City Council have additional questions or wish to discuss the project. The developer is not expected to attend. 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 2025-07 Project Steel – Prologis (Data Center) – Discussion City Council – July 22, 2025 None Informational Please see the attached and below for agenda item notes. Bart Olson Administration Name Department 1 To: Krysti Barksdale-Noble From: Katie Fraser, JC Witt Date: July 11, 2025 Subject: Follow up to 6/24 City Council Meeting Items Dear Krysti, Thank you and all the staff and City Council members at the City of Yorkville for your time on June 24, 2025. Below are responses to comments and questions that required follow-up. We look forward to further discussion and collaboration with you and your colleagues regarding these matters. Please do not hesitate to contact me with any questions or concerns. Item 1 – Decommissioning the development. Prologis Response: As a clarification to a question about decommissioning, the developer intends to construct and operate a purpose-built data center campus with no alternative future use envisioned for the site. The data center campus buildings and infrastructure (e.g., drive aisles, parking lots, stormwater management facilities) are intended to be “permanent” improvements, much like improvements constructed as part of an office, industrial, or residential development. Accordingly, the only planned decommissioning activity will involve the removal and replacement of mechanical equipment at the end of its operational life. Item 2 – Does Prologis work with organized labor and does PLD expect to utilize union labor on Project Steel? Prologis Response: Prologis developments in the Greater Chicago Area, both industrial and data center have historically utilized 100% union labor. Prologis intends to utilize union labor for Project Steel. Item 3 – Sewer Discharge Prologis Response: The anticipated sewer discharge per building is approximately 315 GPD. This is a preliminary number and may vary depending on the final design and user of the project. 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/gov_officials.php 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: No vote will take place on this agenda item at this meeting. Discussion may or may not occur, depending on whether members of the City Council have questions or wish to discuss the project. The developer is not expected to attend. 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 2025-08 & EDC 2025-50 Project Cardinal – Pioneer (Data Center) – Discussion City Council – July 22, 2025 PZC – 7/9/25 Moved forward to City Council agenda. PZC 2025-08 & EDC 2025-50 Please see below for agenda item notes. Krysti J. Barksdale-Noble, AICP Community Development Name Department None Informational 1 REQUEST SUMMARY: The petitioner, Pioneer Development, LLC, as contract purchaser, along with property owners Sanjay and Sameer Gupta, Dale L. Konicek, LLC, and The Konicek Family Limited Partnership, is seeking approval for the annexation of seven (7) parcels totaling 305 acres. These parcels will be part of a larger 1,037-acre development consisting of 21 parcels in total, planned for a state-of-the-art data center campus. The request also includes rezoning the area to the M-2 General Manufacturing District, special use authorization for a Planned Unit Development (PUD), and approval of a preliminary PUD Plan which involves the phased construction of fourteen (14) two-story data center buildings totaling over 17 million square feet, two (2) electrical substations, a utility switchyard, and associated stormwater detention basins. There are three (3) phases of development anticipated, with full campus buildout expected within 10 years. In response to feedback from residents and Economic Development Committee members on the Project Cardinal Data Center site plan, the petitioner has made several revisions to address key concerns. These include the addition of an undulating 8-foot-tall, landscaped berm to enhance buffering, the removal of site access from Ashe Road to help preserve its rural character—while still committing to roadway and intersection improvements—updated building elevations with enhanced architectural treatments, particularly for those visible from nearby residences, and the submission of a preliminary noise study to address sound-related concerns. The City’s sound engineering consultant has reviewed the updated study and confirmed that, with the use of non-tonal chillers and appropriate sound mitigation measures, the project can comply with the City’s noise ordinance under the current site layout. Although residents suggested modifying the phasing sequence to a “middle-out” approach, the developer has stated that the construction phasing is driven by ComEd’s power allocation schedule, which necessitates a west-to-east buildout. ANNEXATION & PUD AGREEMENT REQUESTS: A public hearing was held by the City Council on June 10, 2025, to consider the petitioner’s request for approval of an annexation agreement. The attached draft agreement between the United City of Yorkville and Pioneer Development, LLC outlines the terms for annexing approximately 305 acres into the City for the development of a data center campus. Upon closing, the property will be zoned M-2 General Manufacturing with a Special Use for a Planned Unit Development (PUD), as described in the accompanying PUD Agreement. The agreement has a 20-year term and allows the City to rezone the property in year 19 if it remains undeveloped, with the Developer waiving the right to oppose such action. It becomes effective upon the Developer’s acquisition of the property and formal notice to the City. The attached draft Planned Unit Development (PUD) Agreement details the provisions, relief, and obligations of the data center developer and the City regarding the future construction of the subject property such as: installing landscape buffers, continuous noise monitoring, and an emergency operations plan, while separate agreements will address utility, roadway, and fee obligations. The agreement becomes effective upon the developer’s acquisition of the property and runs with the land for all successors and assigns. However, if construction does not begin within three years of the PUD Agreement’s effective date, the land use plan and associated entitlements shall become null and void. Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Senior Planner David Hansen, Senior Planner Date: July 16, 2025 Subject: PZC 2024-15 Cyrus One – Planned Unit Development & Preliminary Plan Proposed Data Center Campus & On-Site Substation/Switchyard Development 2 REZONING, PUD & PRELIMINARY PUD PLAN REQUEST: The Planning and Zoning Commission held a public hearing regarding the proposed Rezoning, special use for Planned Unit Development (PUD), and Preliminary PUD Plan for the subject property on July 9, 2025. The commission made the following actions on the motions below: 1. Rezoning In consideration of testimony presented during a Public Hearing on July 9, 2025 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Suburban Residential District, R-2 Single-Family Traditional Residence District, R-3 Multi-Family Attached Residence District, and B-3 General Business District to M-2 General Manufacturing District for Project Cardinal, a proposed future data center campus, generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road totaling approximately 1,037 acres. Action Item: Linnane-aye; Green-aye; Forristall-aye; Vinyard-aye; Crouch-aye 5 ayes; 0 no 2. Special Use for Planned Unit Development In consideration of testimony presented during a Public Hearing on July 9, 2025 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization of a Planned Unit Development for Project Cardinal, a data center campus, to be generally located northwest of Route 47 and Galena Road, south of Baseline Road, and east of Ashe Road totaling approximately 1,037 acres, subject to the conditions enumerated in a staff memorandum dated July 3, 2025. Action Item: Linnane-aye; Green-aye; Forristall-aye; Vinyard-aye; Crouch-aye 5 ayes; 0 no 3. Preliminary PUD Plan The Planning and Zoning Commission recommends approval to the City Council of the Project Cardinal – Preliminary PUD Site Plan prepared by Burns McDonnell, Margulies Hoelzli Architecture, and O2 and dated 06/20/2025. Action Item: Linnane-aye; Green-aye; Forristall-aye; Vinyard-aye; Crouch-aye 5 ayes; 0 no Attachments: 1. Draft PUD Approving Ordinance 2. Draft PUD Agreement 3. Draft Annexation Approving Ordinance 4. Draft Annexation Agreement 5. Draft Rezoning Ordinance 6. Draft Annexing Ordinance 7. Plat of Annexation prepared by EEI dated June 4, 2025 8. Copy of Petitioner’s Application Package dated March 14, 2025 9. Updated Applications dated March 21, 2025, and May 31, 2025 10. Preliminary PUD Site Plan dated 06/20/2025 submitted by Pioneer Development and prepared by Burns McDonnell, Margulies Hoelzli Architecture, and O2 3 11. Exterior Elevations dated 06/20/2025 submitted by Pioneer Development and prepared by Burns McDonnell, Margulies Hoelzli Architecture, and O2 12. Photometric Plan dated 7/1/25 prepared by PG Enlighten 13. Landscape Plan dated 07/02/2025 submitted by Pioneer Development and prepared by Burns McDonnell 14. Traffic Methodology Memo, as submitted by Pioneer Development on May 30, 2025, and prepared by Burns McDonnell 15. Preliminary Drainage Memo dated March 14, 2025, as submitted by Pioneer Development, and prepared by Burns McDonnell 16. Wetland Delineation Report for Project Cardinal dated May 23, 2025 and prepared by Burns McDonnell 17. Security Fencing Details dated March 14, 2025, as submitted by Pioneer Development, and prepared by Burns McDonnell 18. Preliminary Sound Study dated July 1, 2025 and prepared by Burns McDonnell 19. Updated Preliminary Sound Study dated July 9, 2025 and prepared by Burns McDonnell 20. Plan Council Response Letter submitted by Pioneer Development 21. EEI Review Letter to the City dated July 8, 2025, June 16, 2025 and April 4, 2025. 22. Project Cardinal Floodplain Exhibit dated March 2025 and prepared by EEI, Inc. 23. Soundscape Engineering Review Memos dated April 7, 2025, April 21, 2025, and July 8, 2025 24. Plan Council Packet Materials 04-10-2025 25. Data Center Development Map - Overall 26. Project Cardinal Road Improvements- ROW Dedication Exhibit prepared by EEI updated May 2025 27. Project Cardinal Shared Path Exhibit prepared by EEI updated May 2025 28. Public Hearing Notice Affidavit 29. Email from Elizabeth Fotopoulos dated March 25, 2025 30. Email from Lawrence Wickter dated July 7, 2025 Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT WITH PIONEER DEVELOPMENT, LLC (Project Cardinal) 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, Pioneer Development, LLC, an Illinois limited liability company (“Developer”), submitted a proposal to the City to develop approximately 1,037 acres of land located west of North Bridge Street (Illinois State Route 47), east of Ashe Road, and directly south of East Baseline Road (the “Development Site”) upon which the Developer intends to develop a secured data center campus (the “Project”); and WHEREAS, as part of their proposal, Developer submitted an application to the City for a special use planned unit development for the Development Site which the City has found to be complete and consistent with the City’s purpose and intent of the planned unit development regulations and policies for residential development within the City; and WHEREAS, in order to establish the specific development standards, regulations, limitations and conditions regarding the construction of the Project, the City and Developer have negotiated a Planned Unit Development Agreement (the “PUD Agreement”) substantially in the form attached hereto, setting forth all development regulations and conditions for the construction and operation of the Project; and WHEREAS, the City and Developer have reviewed the PUD Agreement, as attached, and are prepared to proceed with the Project in accordance with the standards and the requirements for its construction and operation as set forth therein; and Ordinance No. 2025-____ Page 2 WHEREAS, the City is prepared to approve the PUD Agreement, as herein provided, as it believes that the construction of the Project shall bring desirable economic growth to the area and benefit the City and its residents; and WHEREAS, an existing Planned Unit Development, Westhaven (the “Westhaven PUD”), exists on the Development Site, and is not due to expire until September 27, 2025; and WHEREAS, the Westhaven PUD remains vacant and undeveloped, and shall be effectively repealed by the approval of the PUD Agreement. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles set forth above are incorporated herein as if restated. Section 2. The Westhaven Planned Unit Development, approved by Ordinance No. 2006- 132 on October 24, 2006, is hereby repealed in its entirety. Section 2. Planned Unit Development Agreement By and Between the United City of Yorkville and Pioneer Development, LLC is hereby approved substantially in the form attached hereto and made a part hereof. Section 3. The Mayor and City Clerk are hereby authorized to executed said Agreement and the City Administrator, City Engineer and City Attorney are hereby authorized to finalize the terms and take any action required to implement said Agreement. Section 4. This Ordinance shall be in full force and effect after its passage, publication and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK Ordinance No. 2025-____ Page 3 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 Planned Unit Development Agreement By and Between The United City of Yorkville and Pioneer Development, LLC (Project Cardinal) This Planned Unit Development Agreement by and between the United City of Yorkville, Kendall County, Illinois and Pioneer Development, LLC, a limited liability company of the State of Illinois is entered into this ____ day of ___________, 2025. Article 1. Preambles 1.1 The United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Project. Pioneer Development, LLC, a limited liability company of the State of Illinois (the “Developer”) is the contract purchaser of a combined 1,037 acres located west of North Bridge Street (Illinois State Route 47), east of Ashe Road, and directly south of East Baseline Road, identified as parcel numbers 02-05-300-003, 02-04-300-032, 02-04-300-024, 02-05-400- 021, 02-09-100-031, 02-09-100-030, 02-04-100-015, 02-05-200-007, 02-06-100-022, 02-06-200- 002, 02-05-400-022, 02-05-200-006, 02-04-100-016, 02-06-400-008, 02-06-200-003, 02-05-100- 003, 02-05-100-005, 02-05-400-009, 02-04-300-018, 02-04-300-017, 02-06-400-001, 02-05-200- 004, 02-05-200-001 (collectively the “Subject Property”) upon which the Developer intends to develop a secured data center campus (the “Project”). The Project is generally depicted on the site plan attached hereto as Exhibit A (the “Site Plan”) and consists of fourteen buildings, two onsite electrical substation, a utility switchyard, and associated stormwater basins, to be constructed in phases over a period of approximately ten (10) years. 1.3 Zoning. The Subject Property is zoned M-2 General Manufacturing District. A data center and electrical substations are permitted “Energy Industrial Uses” in the M-2 District. 1.4 The Planned Unit Development. Under the City’s Unified Development Ordinance (“UDO”), any development encompassing four (4) or more acres shall be approved as a planned unit development. The Developer has submitted an application for a special use planned unit development for the Project (the “Application”). The Application includes thirteen (13) proposed variations which may be allowed under the UDO if (i) such deviations are compatible with surrounding development, and (ii) such deviations are justified through the provision of tangible benefits to the City. The City has reviewed the Application and found it to be complete and consistent with the purpose and intent of the planned unit development regulations. The Project requires the extension of a watermain and sanitary sewer service to the Subject Property thereby benefiting future development within the City and the Project is compatible with the surrounding agricultural and industrial uses. 2 1.5 Entitlements Defined. For purposes of this Agreement, “Entitlements” means all zoning rights, special use approvals, waivers, deviations, and development permissions granted under this Agreement for the Subject Property. Article 2. Development Standards 2.1 PUD Approval. The City has reviewed the Developer’s Application and found it to be complete. The Project is consistent with the purpose and intent of the planned unit development regulations; facilitating a unified development that is consistent with the City’s plans and policies for industrial development around the Eldamain Road corridor. The Project includes the construction of regional utility improvements that provide tangible benefits to the City, along with the construction of roadways adjacent to the Subject Property, consistent with the City’s Comprehensive Plan, thereby providing necessary justification for the modifications to standards as required under the UDO. The Project meets the standards for the approval of a special use, the additional standards of review for a planned unit development, and the standards for approval of variations under the planned unit development. The City hereby approves a special use for a planned unit development with specified variations for the Subject Property as generally depicted on the Site Plan, subject to the terms more specifically herein set forth. The final PUD and PUD Agreement, and all ancillary and related agreements and ordinances shall expire if construction of the Project is not begun within three (3) years of the Effective Date of this PUD Agreement. Construction of the Project is understood to mean the physical alteration of the landscape of the Subject Property in preparation for the construction of structures, as depicted on a final site plan, on the Subject Property. Upon commencement of construction of the Project within three years of the Effective Date of this PUD Agreement, all entitlements, deviations, and standards in this PUD are fully vested and protected from amendments and changes to City ordinances, codes, or regulations for a period of twenty (20) years from the Effective Date. Upon expiration of this vesting period, all such entitlements, deviations, and standards shall remain in full force and effect, continuing indefinitely, subject only to amendment or revocation as expressly provided in Article 5 of this Agreement. No loss of rights, sunset, or reversion shall occur due to inactivity, delayed build-out, or passage of time provided that build out commences with such twenty (20) year period. These entitlements, deviations, and standards explicitly run with the land and bind all successors and assigns. 2.2 Energy Industrial Uses. A data center is classified as an “Energy Industrial Use” pursuant to Table 10-3-12(B) of the UDO. Section 10-4-10 of the UDO is reserved for additional regulations applicable to Energy Industrial Uses. No new or amended standards, code provisions, or special regulations for Energy Industrial Uses shall apply to the Subject Property during the twenty (20) year vested term from the Effective Date of this Agreement , unless Developer agrees in writing or to the extent required by state or federal law. The Developer is strictly prohibited from generating or storing nuclear energy within the City. Nothing in this provision shall prohibit the Developer from purchasing or using electricity generated at a facility located outside the City. 3 2.3 Terms for Construction. The Developer has advised the City of its intent to construct the Project over a period of approximately ten (10) years and has submitted a preliminary phasing plan to the City, attached hereto as Exhibit B (the “Phasing Plan”). The City hereby approves the Phasing Plan. Developer’s reimbursement of the City for design engineering and construction costs associated with the public utility improvements necessary to facilitate the Development of the Subject Property, shall be addressed pursuant to the separate agreements referenced in Section 4.2. The Phasing Plan’s estimated ten (10)-year build-out schedule is advisory only and non- binding. Developer may accelerate or delay phases without penalty, amendment to this Agreement, or additional City approval. Subject to City Council Approval, the Phasing Plan may be modified or reordered only as required due to a change in Commonwealth Edison’s power allocation, or other events out of Developer’s control, rendering the initially approved Phasing Plan impossible. Said City Council approval shall not be unreasonably withheld. Developer may accelerate or slow phases at its sole discretion, without penalty or loss of any rights. There shall be no deadlines, penalties, loss of rights, or other consequences if the actual schedule or order of phases differs from these estimates. 2.4 Building Setbacks. The Developer has requested and the City hereby approves modification of required building setbacks as established by the UDO for the Subject Property. Setbacks shall apply only to the perimeter of the Subject Property with Galena Road being deemed the “front yard”, Bridge Street and Ashe Road being deemed the “side yard”, Baseline Road being deemed the “rear yard”. The front yard setback shall be twenty-five (25) feet from the existing Galena Road right-of-way. The rear yard setback shall be twenty-five (25) feet from the Baseline Road right-of-way. The side yard setback, measured to the Bridge Street and Ashe Road rights- of-way, respectively, shall be twenty (20) feet. In anticipation of possible resubdivision of the Subject Property into individual lots, the City agrees to a zero (0) lot line for all structures to be platted within the interior of the Subject Property. Moreover, the City hereby agrees that lots within the PUD shall not be required to abut a public street. The building setbacks established in this paragraph shall apply exclusively to buildings. Fences, signage, drive aisles, parking spaces, and other improvements to the Subject Property are expressly permitted within the defined setbacks. All data center buildings shall be at least five hundred feet (500’) from the nearest residential or commercial structure outside the boundaries of the Subject Property. The five hundred (500) foot building separation required by this section shall be measured from existing, occupied, residential or commercial buildings as of the date of PUD approval. The building separation requirement does not apply to future construction, unoccupied structures, sheds, barns, or temporary buildings. No new building separation obligations will be imposed due to construction, conversion, or change of use of adjacent properties after the PUD approval date. 2.5 Parking Requirements. Pursuant to the City’s UDO, 0.3 parking spaces are required per 1000 square feet net floor space for industrial developments. Developer estimates the average building size on the Subject Property will be approximately 1,878,142 square feet, requiring 4 approximately 505 parking spaces per building. The City hereby grants Developer’s request to set the minimum required parking at 0.2 parking spaces for 1000 square feet (which formula shall equate to approximately 375 parking spaces per building under the Developer’s current site plan). Each building shall require no more than 0.2 parking spaces per 1000 square feet of net floor space. Section 10-5-1K-1 of the UDO requires Developer to install a minimum of 104 electric vehicle charging stations (“EV Stations”). Developer requests a waiver from the requirements of the UDO that Developer install at least 104 EV Stations. The City agrees to waive the minimum EV Station requirement, provided the Developer pay a fee-in-lieu for each EV Station that developer chooses not to build.. Any fee-in-lieu for EV charging stations shall be set at a fixed amount per station in a separately executed agreement, and shall not exceed a maximum total cap agreed by Developer and City prior to issuance of the building permit. The City shall have no authority to increase parking or EV charging requirements on the Project, as depicted in the approved Site Plan. in the future. Notwithstanding the foregoing, the City shall have the right to increase parking or EV charging requirements in the event Developer alters or expands the Project. All reviews for parking and EV charging plans that conform to these requirements shall be administrative only, not subject to council or commission review. 2.6 Access to the Subject Property. Subject to the results of a traffic study to be conducted by the Developer and approval from outside agencies (where required), the City Engineer has approved and the City hereby agrees to the Developer’s proposal for the construction of certain points of access to the Subject Property, as generally depicted on the Site Plan. The Project shall be developed with private roads or private drive aisles which may be secured to restrict access into/through the Subject Property. The City hereby waives requirements for vehicular cross access in light of the private roads and secured nature of the campus as depicted on the Site Plan. Where access is gated or otherwise restricted, Developer shall work with emergency service providers to ensure access via a knox box or such other means as may be agreed upon between the parties. The number and location of access points to the Subject Property may be adjusted by Developer, subject to City approval and approval of the authority having jurisdiction over the roadway and consistent with applicable engineering standards and public safety requirements. Security gatehouses, guard booths, and surveillance infrastructure shall be expressly permitted at access points, including within setback areas, for campus security purposes. 2.7 Pedestrian Circulation. The City’s UDO requires connections between off-street parking, on-site pedestrian circulation systems, and existing and future planned trails. The Project shall incorporate walkways between parking areas and building entrances within the Subject Property. The City hereby waives any requirement with respect to public access or external pedestrian connections in light of the private roads and secured nature of the campus as depicted on the Site Plan. The City requests, and Developer agrees to design, construct and provide exclusive easements for a ten foot (10’) wide shared use path on the outer perimeter of the Subject Property, along Ashe Road between Galena Road and Baseline Road, along Baseline Road from Ashe Road to Bridge Street, along Bridge Street between Baseline Road and Galena Road, and along Galena 5 Road from Ashe Road to Bridge Street, said easements illustrated on the Proposed Path Locations map, attached hereto as Exhibit C. Developer’s obligation under this section is limited to designing and constructing the shared use path, and granting the City an exclusive easement for the shared- use path. The City shall be responsible for all maintenance of the shared use path once it has been dedicated to the City. 2.8 Off Street Loading. No more than one (1) loading space shall be required per building. 2.9 Traffic Management. Developer agrees to provide the City with a traffic management plan, including a communication strategy and on-site point of contact, for controlling traffic during all phases of construction. Developer further agrees to provide the City with a traffic study. Any construction traffic along roads controlled by Kendall County or the State of Illinois shall require the cooperation of the relevant authority having jurisdiction over the road. 2.10 Landscaping. The City’s UDO establishes standards for landscape improvements for the Project. In light of the secured nature of the campus, the Parties have agreed to emphasize external Transition Zone plantings in lieu of other planting requirements internal to the Subject Property. Developer shall comply with Section 10-5-3-C, Building Foundation Landscape Zone, and Section 10-5-3-D Parking Area Perimeter Landscape Zone requirements. Along Bridge, Ashe, Baseline and Galena roadway frontages, the Developer shall install a 100’ wide Transition Zone Type D landscape buffer, including an 8-foot-tall berm, as generally depicted on the Landscape Plan attached hereto as Exhibit D (the “Landscape Plan”). The City hereby waives all other landscape requirements under Section 10-5-3 of the Code. Berms and transition zone landscaping required by this section shall only be provided at the locations expressly shown on the approved plan. No additional berms or landscape requirements shall be imposed unless Developer agrees in writing. Developer may add berms or increase berm size at its sole discretion. 2.11 Mechanical Screening and Fencing. Whenever possible, mechanical equipment shall be placed on the side of buildings furthest away from residential structures. All major mechanical equipment shall be fully enclosed or screened by solid barriers. Any mechanical equipment approved to be installed on a rooftop shall be enclosed by sound-dampening materials. Notwithstanding the foregoing, the Parties acknowledge and agree that the Project is subject to the requirements of the City’s Noise Ordinance, Title 4, Chapter 4 of the City Code, as may be amended from time to time. As a condition to the issuance of a Building Permit for each building, the Developer shall submit to the City a detailed site plan illustrating the placement of all mechanical equipment and an initial noise study, both of which shall be reviewed by City Council and a third-party sound engineer hired by the City. The noise study shall evaluate the proposed mechanical equipment for each building and model sound levels as regulated by the Noise Ordinance. The City shall issue a Building Permit if the sound study demonstrates the project will comply with the Noise Ordinance, and the Developer agrees to install any sound attenuation measures as identified as necessary to meet that standard. Minor modifications to approved mechanical equipment placement that do not increase projected noise levels beyond ordinance limits may be approved by the Community Development Director without further city council 6 review. Minor modifications shall mean any modification in the placement of mechanical equipment that keeps the equipment in the same general location as originally approved. Any modifications of the mechanical equipment that would move equipment to a different side of a building than originally proposed, or move equipment from the ground to the roof or from the roof to the ground (substantial modifications) shall require the approval of City Council. Developer is permitted to install a ten foot (10’) tall powder coated black steel security fence around the Subject Property, including typical security features such as controlled entry gates and anti-climb measures permitted by applicable laws. While chain-link and barbed wire fencing is strictly prohibited along the perimeter of the Subject Property, chain-link and barbed wire fencing within the interior of the Subject Property shall be permitted. 2.12 Lots; Street Design. The City hereby waives the requirement in Section 10-7-2 of the UDO that all lots shall front or abut on a public street. The City also waives the street design standards set forth in Section 10-7-3 of the UDO. Said waivers are granted in consideration of the security contemplated for the Project and the restricted nature of access internal to the Subject Property. Due to the restricted nature of access to the Project, the City reserves the right to issue a single site address for the Subject Property off Galena Road. The waivers of public street frontage and street design standards granted in this section are permanent and shall apply to all future plats, subdivisions, phases, and development on the Subject Property. These waivers may not be revoked or modified without the Developer’s written consent, and shall run with the land for the benefit of all successors and assigns. 2.13 Appearance Standards. The Project is located adjacent to a main arterial thoroughfare at the City’s northern boundary. Therefore, the Project serves as the first development members of the public see as they enter the City when driving south down Bridge Street. Given the location of the Project, Developer shall follow the requirements of Section 10-5-8-c-4b.(2) of the UDO requiring recesses, projections, windows, and other ornamental/architectural features. The Developer has submitted prototype building elevations for the Project, a copy of which is attached hereto as Exhibit E (the “Building Elevations”). The Building Elevations are representative of architectural design and building materials to be utilized for the Project but are not intended to be an exact depiction of any building that may be constructed as part of the Project. The Developer shall provide updated elevations with any application for final plat or at such time as Developer submits for a Building Permit, as may be applicable. The City shall approve updated elevations which are consistent with the quality and character of the Building Elevations. Any updated building elevations that are consistent in quality, character, and height with Exhibit E shall be approved administratively, with no further council or commission review for reduction in height required. 2.14 Building Height. The maximum building height for the Project is seventy-eight (78) feet, inclusive of any rooftop mechanical equipment, provided the Developer furnishes the City with a sound study certifying that rooftop placement of mechanical equipment is best and most 7 appropriate placement for noise mitigation. Absent such a sound study, the maximum building height for the Project shall be fifty-six and a half (56.5) feet to the top of the building structure, and seventy (70) feet to the top of rooftop equipment. 2.15 Signage. Developer may install wall and monument signs as permitted under Section 10- 6 of the UDO. 2.16 Lighting. The Developer agrees to submit to the City for its approval a photometric plan along with manufacturer’s cut sheets of the proposed lighting standards to be installed within the parking area of the Subject Property. The photometric plan shall be provided with any application for final plat or at such time as Developer submits for a Building Permit, as may be applicable. The Project shall be required to comply with applicable outdoor lighting standards pursuant to Section 10-5-7 of the UDO. Developer’s obligation under this section is satisfied by submitting a preliminary photometric plan for one building at PUD approval. Full, detailed photometric plans shall be provided only with permit applications for each building or phase. All reviews and approvals of conforming photometric plans shall be subject to the City’s building permit approval process. 2.17 Battery Storage. (a) Developer covenants that all primary power used for the data center campus on the Subject Property will be delivered from the Commonwealth Edison power grid. The proposed data center campus will not utilize battery energy storage systems as a primary or continuous source of power for normal operations. Notwithstanding anything herein, standard uninterruptible power supply (UPS) battery systems, lithium- ion or other backup battery systems located within data halls or serving server racks, switchgear, or critical infrastructure shall be permitted at all times. Nothing in this section shall prohibit the installation or use of batteries or battery systems in connection with data center operations. (b) Battery uses and storage systems, other than UPS battery systems, lithium-ion or other backup battery systems located within data halls or serving server racks, switchgear, or critical infrastructure, shall be in a separate standalone building a minimum of 50 feet away from any adjacent structure and must be readily accessible by the Bristol-Kendall Fire Protection District for firefighting efforts. These uses shall also be subject to the following additional safety requirements: Developer shall prepare and maintain a fire safety and evacuation plan that shall be approved by the Bristol-Kendall Fire Protection District and the Yorkville Police Department for occupancies that involve activities for the research and development, testing, manufacturing, handling, or storage of lithium-ion batteries or lithium metal batteries, or the repair or servicing of vehicles powered by lithium – ion batteries or lithium metal batteries. Developer is required to install a fire detection and alarm system for both indoor and outdoor areas where batteries shall be stored. The method of fire detection must either an air-aspirating system or a radiant- energy sensing system. Developer shall install a sprinkler system for indoor rooms where batteries are stored, and must ensure said 8 rooms are separated from the remainder of the occupancy by two-hour barriers. Any structure where batteries are stored must provide a two-hour fire-resistance-rated enclosure and must have an automatic sprinkler system and detection system. Article 3. Developer Obligations 3.1 Permits. The Developer covenants and agrees to obtain all required permits for the development of the Project and to construct all improvements in accordance with applicable City ordinances and all permits as issued. The Developer further agrees to obtain all approvals and permits from any other governmental units or agencies as may be required in connection with the construction and operation of the Project. 3.2 Engineering and Roadway Reconstruction. Under the UDO, the Developer is responsible for reconstructing and making certain intersection improvements along the frontage of the Subject Property (the “Road Improvements”). In lieu of Developer completing the design and physical construction of said Road Improvements, the City has agreed to design and construct the Road Improvements subject to Developer’s payment of all costs incurred by the City. All road, utility, and infrastructure improvements required in connection with the Subject Property, and any allocation of costs to Developer, shall be addressed exclusively in a future, separately negotiated and executed development or utility infrastructure agreement between the Parties. No obligation for construction of improvements or for payment of related costs shall arise under this PUD Agreement until such a separate agreement is executed by all parties. Any deadlines, cost estimates, or exhibits referenced herein are for planning purposes only and are not binding. Galena Road is under the jurisdiction of Kendall County. Developer shall secure a permit from Kendall County for the construction of necessary road improvements along Galena Road. Said road improvements to be permitted by Kendall County shall be constructed pursuant to the schedule required by Kendall County. The City anticipates that Kendall County will require a traffic impact study to permit access to the Subject Property off Galena Road. In the event that a traffic impact study is required, Developer shall provide the City a courtesy copy of the study and any revisions to the study. 3.3 East Beecher Road Dedication Offset. Any payment in lieu of extending East Beecher Road shall be set forth only in a future, separately negotiated agreement, supported by detailed cost backup, prorated by phase or building permit, and offset against other impact fees or taxes. No payment obligation arises under this PUD Agreement until such an agreement is fully executed. 3.4 Noise Studies and Noise Monitoring. At the onset of each phase of construction, Developer shall install continuous noise monitoring devices recommended by a sound engineer chosen by the City, at discreet locations chosen by the City’s sound engineers. A preliminary noise monitoring report shall be prepared and submitted to the City within sixty (60) days after each building housing data center equipment on Subject Property is operational. The noise monitoring devices shall be maintained throughout the life of the Project, and the City shall have continuous access to the data they produce. If, at any time, noise levels on the Subject Property exceed those 9 permitted by the City’s noise ordinance, the Developer shall investigate the source of the noise and identify and implement one or more means to mitigate the noise that is resulting in the noise ordinance violation. The Developer shall be required to submit an initial noise study that shall include: (i) baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility’s design will meet local noise limits as detailed in Title 4, Chapter 4 of Yorkville’s Code of Ordinances; (ii) and noise source data for the cooling equipment can be based on generic or manufacturer-provided data. The purpose of the initial study is to refine the site layout and cooling scheme as needed to meet the City’s noise ordinance. The Developer shall be required to submit a final noise study that shall include: (i) noise source data for the specific equipment planned for the project based on actual sound level measurements of that specific equipment, made in accordance with nationally recognized standards and not on interpolated, extrapolated, or otherwise calculated sound levels; and (ii) a mitigation plan to ensure that operational noise does not exceed the local noise limits detailed in Yorkville’s Code of Ordinances, which includes the penalty for tonal equipment. 3.5 Water Usage. All obligations, certifications, or penalties relating to Developer’s water usage shall be addressed exclusively in a future, separately negotiated Utility Agreement between Developer and the City. No obligations or penalties for water usage shall arise under this PUD Agreement. 3.6 Dedications. The Developer shall grant to the City certain right-of-way dedications, along all perimeter roads surrounding the Subject Property, pursuant to the map of right-of-way dedications illustrated in Exhibit H, ROW Dedications. Developer’s right-of-way dedication obligations are limited solely to the locations and areas shown on Exhibit H. No additional dedications shall be required unless Developer agrees in writing. 3.7 Maintain Improvements in Good and Clean Condition. The Developer shall maintain the Subject Property in reasonably good and clean condition at all times during the development by the Developer, which shall include promptly removing all mud, dirt, and debris that is deposited on any street, sidewalk, or other public property in or adjacent to the Subject Property by the Developer or any agent of or contractor hired by, or on behalf of the Developer and repair any damage to any public property that may be caused by the activities of Developer or any agent of or contractor hired by, or on behalf of, the Developer. 3.8 No Liability for City Review. Developer acknowledges and agrees that (i) the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City’s review and approval of any plans or improvements or as a result of the issuance of any approvals, permits, certificates, or acceptances for the development of the Project or use of any portion of the Subject Property or the improvements and (ii) the City’s review and approval of any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and 10 shall not, in any way be deemed to insure Developer, or any of its successors, assigns, tenants, or licensees, or any third party, against violations or damage or injury of any kind at any time. 3.9 Cooperation with other Units of Local Government. The proposed Project affects various jurisdictions outside the City of Yorkville, including Kendall County and the Yorkville-Bristol Sanitary District. Developer understands that successful completion of the Project will require the cooperation of other Units of Local Government and could have a detrimental impact on of these other units of local government. To that effect, Developer shall enter into a separate Agreement with the Yorkville-Bristol Sanitary District for upgrades to the Sanitary District’s wastewater treatment facilities and sanitary sewer infrastructure and with Kendall County regarding necessary improvements to Galena Road along the frontage of the Subject Property. No obligation for upgrades, improvements, or cost participation with other agencies shall arise under this PUD Agreement. Any such obligations shall only arise if and when a separate, mutually negotiated agreement is fully executed. 3.10 Emergency Operations Plan. Developer shall prepare a plan for emergency situations, including the Developer’s plan and procedures for responding to, managing, and recovering from emergencies and disasters (an “Emergency Operations Plan”). The Emergency Operations Plan shall include the Developer’s plans for sharing information, and coordinating emergency responses, with emergency response agencies, including, but not limited to, the Bristol-Kendall Fire Protection District and the Yorkville Police Department. The Emergency Operations Plan shall be submitted to the City prior to initial occupancy of the first building. 3.11 Operational Testing. From time to time, Developer will need to test certain operational components of the Data Center, such as generators. Developer agrees to only conduct such operational testing during the hours of 11:00 a.m. to 5:00 p.m., Monday through Friday, and not on any Holidays (“Holiday” shall be defined as any date that has been designated a state holiday by the State of Illinois). 3.12 Development Offsets. Any obligation to pay development offsets, impact fees, or similar charges shall be addressed exclusively in a future, separately negotiated agreement, with all amounts and terms to be determined based on actual project scope and costs. No such payment obligations arise under this PUD Agreement. 3.13 Hold Harmless and Indemnification. Developer shall hold harmless the City, and all of its elected, appointed officials, and employees (collectively the “City Parties”) from any and all third- party claims that may be asserted against the City Parties in connection with (i) the City’s review and approval of any plans or improvements, (ii) the City’s issuance of any approval, permit or certificate, or (iii) Developer’s development, construction, maintenance, or use of the Subject Property. Developer’s obligation to indemnify or hold harmless the City Parties shall not apply to claims resulting from the City’s own negligence, willful misconduct, or breach of this Agreement, nor to any claim asserted by the City Parties themselves. 11 3.14 Casualty and Rebuilding Rights. If any structure or improvement on the Subject Property is damaged or destroyed by casualty or natural disaster, Developer or subsequent owner has the explicit right to rebuild or repair such structure or improvement to its original permitted size, height, density, and use without requiring further zoning approvals or public hearings. The City shall promptly issue all necessary permits to facilitate rebuilding consistent with originally approved plans, subject only to compliance with applicable building codes. The PUD entitlements and vested protections shall fully apply to all rebuilt structures. Article 4. City Obligations 4.1 Challenges. In the event of any challenge to the City’s annexation or zoning of the Subject Property, the City agrees that, in cooperation with the Developer, the City shall undertake such process as is necessary and appropriate to correct any deficiency associated with the annexation or zoning of the Subject Property. In such event, the City agrees that the Parties shall not be required to await adjudication of any such challenge, but that the Parties should proactively undertake such process as is necessary to reapprove the annexation and zoning on terms consistent with the approvals set forth herein. 4.2 City Assistance. The City agrees to cooperate and provide any reasonable assistance requested by Developer in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property as long as the Developer reimburses whatever costs and expenses the City incurs in providing assistance. The City will cooperate with Developer’s specified vendors to assert applicable tax exemptions relating to purchase of materials to be incorporated into the public improvements, consistent with the Illinois Department of Revenue Regulations, the Retailers’ Occupation Tax and with all requirements of law (including providing the City’s form tax exempt letter as may be required). The City’s issuance of any Building Permits shall be contingent upon the Developer entering into the following separate agreements with the City related to the Project and the Subject Property: a Development Agreement, and a Utility Infrastructure Agreement. Such assistance, including the execution of the separate agreements listed above, shall not be unreasonably withheld, conditioned, or delayed by the City, and shall not be conditioned upon Developer entering into any agreement or obligation not expressly required by this PUD Agreement. Such agreements shall be required only as a condition to the issuance of permits for the relevant phases, and shall not affect the vesting or effectiveness of this PUD Agreement. 4.3 UDO Freeze. For the term of this Agreement, no amendment to the Unified Development Ordinance or any City code, ordinance, or regulation shall apply to the Subject Property if it imposes more stringent or additional requirements, unless Developer agrees in writing or required 12 by state or federal law. All rights and standards granted by this PUD are vested and frozen for the full term. After expiration of this Agreement, the Subject Property shall continue to be governed by the underlying M-2 zoning, together with all special use approvals, entitlements, variations, and standards explicitly granted by this PUD, unless amended pursuant to applicable law with Developer’s consent or as otherwise explicitly provided in Article 5.. 4.4 Equal Treatment. The City acknowledges Developer’s substantial up-front investment in the Subject Property and agrees that, while generally applicable permit fees and building codes are not frozen, the City shall not impose, adopt, or enforce any new fee, requirement, or regulation after the Effective Date other than those agreed to in a Development Agreement or Utility Infrastructure Agreement between the Developer and the City. . These protections shall apply for the full term of this Agreement, and nothing herein overrides the broader UDO freeze or vesting protections provided in this Agreement. 4.5 Certificate of Occupancy. The City shall issue a certificate of occupancy for each building constructed on the Subject Property when the building is fully capable of being served by sanitary sewers, storm sewers, water main, public/private roads, natural gas (as may be applicable), and electric utilities, and is otherwise in conformance with City Codes and other applicable state laws, and all applicable fees have been paid. The City agrees to issue temporary or conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, private drive aisles, and required landscaping. Article 5. Term This Agreement shall remain in full force and effect for a period of twenty (20) years from the Effective Date, unless earlier terminated or amended by mutual written agreement of the Parties, or revoked for material breach as provided herein. No sunset, automatic expiration, or reverter shall occur based on build-out, inactivity, or the passage of time less than twenty (20) years. After expiration of this Agreement, the PUD and all rights granted herein shall remain permanently effective, running with the land, subject only to amendment or revocation pursuant to applicable law, after notice, a public hearing, and shall either for cause or with Developer’s written consent. Article 6. Notices Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, returned receipt requested, at the address set forth below, or (c) by email transmission, when transmitted to email address set forth below, when actually received provided that any email transmission shall be accompanied by a delivery of a written notice via first class mail to the addresses below. 13 Notices and communications to Developer shall be addressed to, and delivered at, the following addresses: Pioneer Development, LLC 30 N. Gould Street, #38989 Sheridan, Wyoming 82801 Attn: Matt McCarron With a copy to: David J. Silverman Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 Notices and communications to the City shall be addressed to and delivered at these addresses: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Ste. 350 Naperville, Illinois 60563 Attn: Attorney Kathleen Field Orr By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address or addressee shall be effective until actually received. Article 7. Mutual Understandings 7.1 Contingent Agreements. Any future development, utility, or infrastructure agreements required for the Project shall be separately negotiated and executed, and shall be required as a condition to issuance of permits or commencement of relevant project phases. Failure by Developer to enter into a separate Utility Agreement and Development Agreement shall be considered a material breach and cause for the City to terminate this Agreement under Section 7.3 7.2 Violations. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty (30) days after notice of said breach to correct the same or diligently commence to cure said breach prior to the non-breaching Party’s seeking of any remedy provided for herein. However, any breach by Developer reasonably determined by the City to involve health or safety issues may be the subject of immediate action by the City without notice of thirty (30) day delay. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party’s right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. Written notice is required for any alleged breach. If cure 14 cannot reasonably be completed within thirty (30) days, the cure period shall be reasonably extended as long as diligent efforts are underway. 7.3 Enforcement: Remedies. Termination of this Agreement, but not the PUD, is permitted only for a material breach that remains uncured after written notice specifying the breach and a thirty (30) day cure period, which shall be reasonably extended if cure cannot be completed within thirty (30) days and diligent efforts are underway. Minor or technical breaches shall not be grounds for termination. Remedies for breach are limited to specific performance, injunctive relief, or termination for a real, uncured material breach. Neither party shall be liable for monetary damages under this Agreement. 7.4 Amendments. This Agreement and the zoning applicable to the Subject Property may not be amended without the mutual consent of the Parties. Any amendment to the terms, covenants and agreements as set forth in this Planned Unit Development Agreement shall be in accordance with the provisions of Section 10-8-8G of the UDO which provides as follows: G. Amendments to Approved Planned Unit Development. 1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes: a. More than a ten percent (10%) increase in the square footage of the buildings; b. Any structure greater than 100’ in height; c. Except as other set forth above, any deviation from the site data standards set forth on the Site Plan. d. Any deviation from applicable provisions of the UDO; 3. Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2). 15 4. Approval Processes. a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F) of the UDO. b. Minor Amendment. (I) Zoning Administrator Review. The minor amendment shall be reviewed and approved by the Zoning Administrator. 7.5 Governing Law. This Planned Unit Development Agreement and the terms, provisions, and conditions herein shall be governed by and construed and enforced in accordance with the laws of the State of Illinois and if enforced by judicial proceedings, the parties agree that such proceedings shall be conducted in the Circuit Court of Kendall County, Illinois. 7.6 Counterparts. This Agreement is to be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. 7.7 Force Majeure. In the event the performance of any covenant to be performed hereunder by a Party is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; global pandemic; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a City license or permit; and any similar case), the time for such performance shall be extended by the amount of time of such delay. Force majeure shall also include supply chain disruptions, delays or inability to obtain equipment or materials, utility or power grid shortages or delays, and governmental or regulatory actions, inactions, or delays (including those of the City) affecting approvals, permits, or operations. All deadlines, performance obligations, and cure periods under this Agreement shall be automatically extended for the duration of any force majeure event. 7.8 Successor and Assigns. This Agreement shall inure to the benefit of, and be valid and binding upon, the Parties and their successors and assigns for the term of the Agreement. It is understood and agreed by the Parties hereto that in the event any part of the Subject Property is sold or conveyed at any time during the term of this Agreement, all unaccrued obligations and responsibilities of the prior title holder to said part of the Subject Property conveyed shall be released and be assumed by such purchaser of the part of the Subject Property conveyed, and the prior title holder shall be fully released from all unaccrued obligations which relate thereto. Notwithstanding the foregoing, the City shall not be required to release any Surety until the successor owner has posted replacement Surety for the improvement obligations being assumed by said successor owner, which Surety shall be in a form and amount acceptable to the City. In the event that part of the Subject Property is to be conveyed, the respective owners may enter into an agreement parsing respective obligations under this Agreement between the respective owners and the City shall not unreasonably withhold its consent to any such agreement. Developer may 16 assign, subdivide, or transfer all or any portion of its interest in the Subject Property and this Agreement to any party, upon written notice to the City. City consent is not required for any such assignment, subdivision, or financing. Upon such transfer, the transferee assumes all obligations for the assigned portion and the transferor is released from further liability for such portion. This Agreement and all rights and obligations hereunder shall run with the land and bind all successors and assigns. 7.9 Severability. Should any provision of this Agreement or application thereof to any party or circumstance be held invalid, and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision, then all remaining provisions shall remain in full force and effect. 7.10 Effective Date. Developer is contract purchaser of the Subject Property. To this end this Agreement shall become effective as of the date of the Developer’s, or Developer’s assignee’s, acquisition of the Subject Property. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date. United City of Yorkville Attest: By: By: Mayor Date: , 2025 Pioneer Development, LLC By: Date: , 2025 17 EXHIBIT LIST Exhibit A- Site Plan Exhibit B- Phasing Plan Exhibit C- Proposed Path Locations Map Exhibit D- Landscape Plan Exhibit E- Building Elevations Exhibit F- Roadway Cross Section Exhibit G- Road Improvement Cost Estimate Exhibit H- ROW Dedications 3$5.,1*63$&(667250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,1%8,/',1*6725<'$7$&(17(587,/,7<6:,7&+<$5'&86720(568%67$7,21&86720(568%67$7,21%$6(/,1(52$'5287(*$/(1$52$'$6+(5 2 $ 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BRIDGEE. BEECHERB E R T R A M GALEN A BASELINEASHE JETERW. BEECHERELDAMAINProject Cardinal 1037 ac 0 2,000 4,000 Feet Proposed Shared-Use Path Project Cardinal Development Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con EXHIBIT C PROPOSED PATH LOCATIONS DATE: MAY 2025United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us PROJECT CARDINALCONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2451 PATH: H:/GIS/PUBLIC/YORKVILLE/2024/ YO2451_PROJECT CARDINAL ROADWAY EXHIBITSFILE: . PROPOSED 10' SHARED-USE PATH VIEW/SHEET CALLOUT KEYNOTE (# - REFER TO KEYNOTE SCHEDULE) ## ## #### PROPOSED TREES (XX = SPECIES KEY - SEE PLANT SCHEDULE) XX SHRUBS AND PERENNIALS (BLOOM COLOR INDICATED) ADJACENT PLANTS WITH SAME SYMBOL SHAPE AND COLOR ARE THE SAME SPECIES. SYMBOLS AND ANNOTATIONS SECTION DETAIL KEY## #### XX PLANT SPECIES TAGS - SEE PLANT SCHEDULE XX XX BOLLARD CAMPUS ENTRY CAMPUS ENTRY SECONDARY ENTRY SECONDARY ENTRY CAMPUS ENTRY SECONDARY ENTRY SUBSTATION ENTRY STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BASIN BUILDING 7 2 STORY DATA CENTER BUILDING 6 2 STORY DATA CENTER BUILDING 5 2 STORY DATA CENTER BUILDING 8 2 STORY DATA CENTER BUILDING 9 2 STORY DATA CENTER BUILDING 10 2 STORY DATA CENTER BUILDING 11 2 STORY DATA CENTER BUILDING 13 2 STORY DATA CENTER BUILDING 14 2 STORY DATA CENTER BUILDING 12 2 STORY DATA CENTER BUILDING 3 2 STORY DATA CENTER BUILDING 2 2 STORY DATA CENTER BUILDING 1 2 STORY DATA CENTER BUILDING 4 2 STORY DATA CENTER CUSTOMER SUBSTATION UTILITY SWITCHYARD CUSTOMER SUBSTATION 1500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE UTILITY CORRIDOR UTILITY CORRIDOR UTILITY CORRIDOR UTILITY CORRIDOR 1500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE 1500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE AQUATIC FOREST GRASSLAND URBAN YORKVILLE, IL SURFACE TYPES UTILITY CORRIDOR STORMWATER MANAGEMENT BASIN LANDSCAPE BERM SOD NATIVE MEADOW/PRAIRIE MIX date sheet title sheet number no.date description P R E L IM IN A R Y -N O T F O R C O N S T R U C T IO N keyplan project revisions registration CONFIDENTIAL 7/2/2025 3:14:02 PML-01 CAMPUS PLAN 03/13/25 Project Name 1" = 400'-0"1 CAMPUS PLAN Historically, northern Illinois had a richly varied landscape shaped by glaciation, especially during the last Ice Age (the Wisconsin Glaciation, ending around 10,000 years ago). The area of Minooka, Illinois was largely tallgrass prairie with transition zones and higher ground hosting oak savannas, with scattered bur oak, white oak, and black oak trees over prairie grasses.Oak savannas are a unique and ecologically rich habitat, shaped by the presence of scattered, fire- tolerant oak trees set within open grasslands filled with native grasses and wildflowers. In places like Yorkville, oak savannas once covered much of the rolling terrain, offering a vibrant mix of sun and shade, structure and openness. LANDSCAPE TYPOLOGY - 1850PLANT SCHEDULE - TREES Common Name Botanical Name Count Mature Height Mature Width Native Species Root Type Size Coniferous Trees Eastern Red Cedar Juniperus virginiana 459 30' 20' Yes B&B 6 FT. Jack Pine Pinus banksiana 80 50' 20' Yes B&B 6 FT. Eastern White Pine Pinus strobus 447 80' 35' No B&B 6 FT. 986 Deciduous Trees Downy Serviceberry Amelanchier arborea 400 20' 25' Yes B&B 2 1/2" CAL. Red Maple Acer rubrum 285 60' 45' Yes B&B 2 1/2" CAL. American Hornbeam Carpinus caroliniana 287 30' 30' Yes B&B 2 1/2" CAL. Eastern Redbud Cercis canadensis 242 20' 25' Yes B&B 2 1/2" CAL. Flowering Dogwood Cornus florida 572 30' 25' Yes B&B 2 1/2" CAL. Chicagoland Hackberry Celtis occidentalis 'Chicagoland' 290 50' 40' Yes B&B 2 1/2" CAL. Kentucky Coffeetree Gymnocladus dioicus 142 75' 40' Yes B&B 2 1/2" CAL. Honey Locust Gleditsia triacanthos 301 60' 40' Yes B&B 2 1/2" CAL. White Oak Quercus alba 208 80' 60' Yes B&B 2 1/2" CAL. Bur Oak Quercus macrocarpa 359 80' 70' Yes B&B 2 1/2" CAL. Northern Red Oak Quercus rubra 112 75' 50' Yes B&B 2 1/2" CAL. Black Oak Quercus velutina 216 60' 50' Yes B&B 2 1/2" CAL. Silver Linden Tilia tomentosa 98 60' 30' No B&B 2 1/2" CAL. Princeton Elm Ulmus Americana: 'Princeton'21 80' 50' Yes B&B 2 1/2" CAL. Regal Elm Ulmus x 'Regal'104 50' 30' No B&B 2 1/2" CAL. 3637 Total landscape elements, excluding turf, shall not be comprised of more than 20% of any single species or 25% of any genus on a parcel that is greater than five (5) acres NOTES: 1. Canopy Trees -A woody plant (deciduous or evergreen) having not less than a two and one-half (2.5) inch caliper with single central axis which typically reaches a mature height of not less than forty (40) feet and a mature spread of not less than fifteen (15) feet. 2. Understory Trees -A woody plant having not less than a one and one-half (1.5) inch caliper, or six (6) feet tall for multiple stem species, that normally attains a mature height of at least fifteen (15) feet. 3. Evergreen Trees -A tree having foliage that persists and remains green throughout the year and has a height of not less than six (6) feet at installation and maturing to a height of not less than twenty (20) feet. TYPE D: PER 100 LINEAR FT. 5 UNDERSTORY TREES 5 CANOPY/EVERGREEN TREES 35 SHRUBS/NATIVE GRASSES PLANTED BERM 60% CONFIERS 40% DECIDUOUS SHRUBS AND NATIVE GRASSES 10' PEDESTRIAN TRAIL BEFORE 100' LANDSCAPE BUFFER 100' PERIMETER LANDSCAPE BUFFER PER CITY'S REQUEST STREETSCAPE TREE PLANTINGS BETWEEN PROPERTY LINE AND STREET. 1 CANOPY TREE EVERY 40' 5' BUILDING FOUNDATION LANDSCAPE ZONE AT EXTERIOR WALLS OF DATA CENTERS date sheet title sheet number no. date description P R E L IM IN A R Y -N O T F O R C O N S T R U C T IO N keyplan project revisions registration CONFIDENTIAL 7/2/2025 3:14:11 PML-02 PARKING AND BUILDING FOOUNDATION PLANTINGS 03/13/25 Project Name 1" = 40'-0"1 ENLARGED ENTRY PLAN - DC 1 PARKING PLANTING PER CODE 10-5-3 (D) ALL AREAS ABUTTING PUBLIC/ PRIVATE RIGHT-AWAY. MIN 7' OF LANDSCAPED AREA WITH 1 SHRUB/NATIVE GRASS PER 3' OF LANDSCAPE AREA LENGTH PER CODE 10-5-3 (E) PARKING END CAPS AT END OF PARKING BAYS ALONG DRIVE AISLES OR PEDESTRIAN CIRCULATION AREAS. MIN 1 CANOPY TREE AND 3 NATIVE GRASSES PER BAY SIZE PER CODE 10-5-3 (E) PARKING AREA ISLANDS EVERY 1O BAYS PARKING ENDCAPS REQUIRE: 1 UNDERSTORY TREE PER PARKING BAY SIZE 1. LOCATION: ALL OFF-STREET PARKING AREAS WHICH ABUT A PUBLIC OR PRIVATE RIGHT-OF-WAY, EXCLUDING ALLEYS, SHALL INCLUDE LANDSCAPE AND TREES AS REQUIRED BY THIS SECTION LOCATED BETWEEN THE BACK OF CURB OF THE OFF-STREET PARKING AREA AND THE RIGHT-OF-WAY. 2. PERIMETER LANDSCAPE SHALL BE ESTABLISHED ALONG THE EDGE OF THE OFF-STREET PARKING AREA AND HAVE A MINIMUM WIDTH OF SEVEN (7) FEET AS MEASURED FROM THE BACK OF CURB OF THE OFF-STREET PARKING AREA, TO ACCOMMODATE VEHICLE BUMPER OVERHANG AND ENSURE PLANTING AREAS THAT ARE ADEQUATE IN SIZE. A. ONE (1) SHRUB OR NATIVE GRASSES SHALL BE PLANTED FOR EVERY THREE (3) FEET OF LANDSCAPE AREA LENGTH. B. LANDSCAPED AREAS OUTSIDE OF SHRUBS/NATIVE GRASSES AND TREE MASSES SHALL BE PLANTED IN FINISHED GROUNDCOVER INCLUDING MULCH OR STONEWORK. PARKING LOT PERIMETER LANDSCAPE ZONE REQUIREMENTS PER CODE 10-5-3 (C) Applicable development is required to maintain a building foundation landscape zone at front and exterior side yards. Five (5) square feet of landscape area shall be provided per linear foot of building frontage facing the front and exterior side yards datesheet titlesheet numberno.datedescriptionPRELIMINARY -NOT FOR CONSTRUCTIONkeyplanprojectrevisionsregistrationCONFIDENTIAL6/5/2025 11:27:34 AMNA3ELEVATIONS03/13/25Project NameTRANSITIONAL ZONE D:A. TRANSITION ZONE TYPE D STANDARDSB. MINIMUM ZONE WIDTH- 100' PER FUTURE DATA CENTER ORDINANCEC. MINIMUM NUMBER OF LANDSCAPE ELEMENTS PER 100 LINEAR FEET:-UNDERSTORY TREES: 5-CANOPY/EVERGREEN TREES: 5-SHRUBS/NATIVE GRASSES: 35NOTE: REQUIRED YARD SETBACKS WILL BE UTILIZED FOR TRANSITION ZONE LANDSCAPE.TRANSITIONAL ZONE TYPE D REQUIREMENTS8' BERM100 LINEAR FEETCANOPY TREEUNDERSTORY TREETWO-STORY DATA CENTER BUILDING1000 FOOT ELEVATIONENLARGED 100' ELEVATION FROM RT 47ENLARGED 1000' ELEVATION FROM RT 47ENLARGED ELEVATION2'-6" 5'-0"10'-0"0 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL SCUPPER AND LEADERMETAL SCUPPER AND LEADER INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZING PARAPETPARAPET METAL METAL CANOPYCANOPY T.O. SCREENT.O. SCREEN ROOFTOP ROOFTOP MECHANICAL MECHANICAL EQUIPMENT EQUIPMENT SCREEN WALLSCREEN WALL ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N A-2 0 5 / 3 0 / 2 5E X T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL CANOPYMETAL CANOPY T.O. SCREENT.O. SCREEN ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NE A S T E L E V A T I O N A-3 0 5 / 3 0 / 2 5E X T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZINGPRECAST PRECAST CONCRETECONCRETE PRECAST PRECAST CONCRETE CONCRETE EQUIPMENT EQUIPMENT SCREEN WALLSCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL SCUPPER METAL SCUPPER AND LEADERAND LEADER T.O. SCREENT.O. SCREEN ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NN O R T H E L E V A T I O N A-4 0 5 / 3 0 / 2 5I N T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0"PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NW E S T E L E V A T I O N A-5 0 5 / 3 0 / 2 5I N T E R N A L F A C I N G P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N S A-6 0 5 / 3 0 / 2 5 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL STOREFRONT STOREFRONT GLAZINGGLAZING METAL CANOPYMETAL CANOPY PRECAST PRECAST CONCRETECONCRETE P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NF R O N T O F H O U S E A-7 0 5 / 3 0 / 2 5 ASHE ROADASHE ROADPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEROUTE 47ROUTE 47BUILDING 3BUILDING 3 BUILDING 8BUILDING 8 BUILDING 9BUILDING 9 BUILDING 10BUILDING 10 BUILDING 13BUILDING 13 BUILDING 14BUILDING 14 SITE ENTRANCE SITE ENTRANCE FROM GALENA ROADFROM GALENA ROADBUILDING 1BUILDING 1 BUILDING 2BUILDING 2 BUILDING 3BUILDING 3 BUILDING 4BUILDING 4 CUSTOMER SUBSTATION BUILDING 5BUILDING 5 BUILDING 6BUILDING 6 BUILDING 7BUILDING 7 BUILDING 8BUILDING 8 BUILDING 9BUILDING 9 BUILDING 10BUILDING 10 BUILDING 11BUILDING 11 BUILDING 14BUILDING 14 BUILDING 12BUILDING 12 BUILDING 13BUILDING 13 SITE SITE ENTRANCEENTRANCE SITE SITE ENTRANCEENTRANCE SITE SITE ENTRANCEENTRANCE GALENA ROADGALENA ROAD ROUTE 47ROUTE 47CUSTOMER SUBSTATION UTILITY SWITCHYARD P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E E L E V A T I O N A-8 0 5 / 3 0 / 2 5SCALE: 1" = 300'-0"1SOUTH SITE ELEVATION - FROM GALENA ROAD GALENA ROADGALENA ROADPROPERTY LINEPROPERTY LINEBUILDING 14BUILDING 14 BASELINE ROADBASELINE ROADPROPERTY LINEPROPERTY LINEBUILDING 12BUILDING 12 BUILDING 7BUILDING 7 BUILDING 1BUILDING 1BUILDING 4BUILDING 4BUILDING 5BUILDING 5BUILDING 6BUILDING 6BUILDING 7BUILDING 7ROUTE 47ROUTE 47PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEASHE ROADASHE ROAD SITE ENTRANCE FROM SITE ENTRANCE FROM BASELINE ROADBASELINE ROADGALENA ROADGALENA ROADPROPERTY LINEPROPERTY LINEBASELINE ROADBASELINE ROADPROPERTY LINEPROPERTY LINEBUILDING 3BUILDING 3BUILDING 2BUILDING 2BUILDING 1BUILDING 1 SITE ENTRANCE FROM SITE ENTRANCE FROM ASHE ROADASHE ROADP R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E E L E V A T l O N A-9 0 5 / 3 0 / 2 5SCALE: 1" = 300'-0"2EAST SITE ELEVATION - FROM ROUTE 47 SCALE: 1" = 300'-0"3NORTH SITE ELEVATION - FROM BASELINE ROAD SCALE: 1" = 300'-0"1WEST SITE ELEVATION - FROM ASHE ROAD P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NP E R S P E C T I V E A-10 0 6 / 2 5 / 2 5SCALE: NTS1PERSPECTIVE: FRONT OF HOUSE CORNER SCALE: NTS2PERSPECTIVE: ROOFTOP EQUIPMENT FROM PARKING LOT 6(&21')/2256(&21')/22572522)72522) ,168/$7(',168/$7('0(7$/3$1(/0(7$/3$1(/6725()52176725()5217*/$=,1**/$=,1*0(7$/&$123<0(7$/&$123<35(&$6735(&$67&21&5(7(&21&5(7(352-(&7&$5',1$/35(/,0,1$5<127)25&216758&7,21)52172)+286($ Engineering Enterprises, Inc.© CROSS SECTION PROPOSED ASHE ROAD PAVEMENT SECTION Engineering Enterprises, Inc.© CROSS SECTION PROPOSED BASELINE ROAD PAVEMENT SECTION PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SY 175 25.00$ 4,375.00$ 2 SY 12,920 6.00$ 77,520.00$ 3 LB 8,720 0.20$ 1,744.00$ 4 TON 2,975 90.00$ 267,750.00$ 5 TON 1,490 100.00$ 149,000.00$ 6 SY 1,445 20.00$ 28,900.00$ 7 FOOT 13,500 1.00$ 13,500.00$ 8 FOOT 570 2.00$ 1,140.00$ 9 FOOT 100 6.00$ 600.00$ 10 FOOT 65 10.00$ 650.00$ 11 FOOT 240 40.00$ 9,600.00$ 12 FOOT 240 150.00$ 36,000.00$ 13 CY 860 35.00$ 30,100.00$ 14 CY 860 35.00$ 30,100.00$ 15 SY 11,560 10.00$ 115,600.00$ 16 FOOT 6,500 10.00$ 65,000.00$ 17 EACH 3 400.00$ 1,200.00$ 18 L SUM 0.5 900,000.00$ 450,000.00$ 19 L SUM 1 40,000.00$ 40,000.00$ 20 L SUM 1 80,000.00$ 80,000.00$ SUBTOTAL 1,402,779.00$ CONTINGENCY (20%)281,000.00$ TOTAL 1,683,779.00$ DESIGN ENGINEERING (10%)168,000.00$ CONSTRUCTION ENGINEERING (10%)168,000.00$ ROW ACQUISITION 100,000.00$ 2,119,779.00$ Notes: 6" Pavement Removal and Overlay Grading and Shaping Ditches Accounts for Full Length of Project 50% of Intersection Improvements at Baseline Road are Included ROW Acquisition is Included at the Intersection of Baseline Road 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 AGGREGATE SHOULDERS, TYPE B, 3" PIPE CULVERTS, CLASS C, TYPE 1, 12" AGGREGATE SUBGRADE IMPROVEMENT RESTORATION THERMOPLASTIC PAVEMENT MARKING - LINE 12" THERMOPLASTIC PAVEMENT MARKING - LINE 6" REMOVAL AND DISPOSAL OF UNSUITABLE MATERIALS GRADING AND SHAPING DITCHES THERMOPLASTIC PAVEMENT MARKING - LINE 4" TOTAL PRELIMINARY COST ESTIMATE THERMOPLASTIC PAVEMENT MARKING - LINE 24" PIPE CULVERT REMOVAL SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT TRAFFIC CONTROL AND PROTECTION MOBILIZATION INTERSECTION IMPROVEMENTS AT BASELINE ROAD YO2451-DR JHS/CJO May 8, 2025 Ashe Road Resurfacing & Intersection Improvements HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 ITEM HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT BITUMINOUS MATERIALS (PRIME/TACK COAT) HOT-MIX ASPHALT SURFACE REMOVAL, 6" G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Roadway Cost Estimates\Preliminary Cost Estimate_YO2451 PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SY 40 25.00$ 1,000.00$ 2 CY 25,000 40.00$ 1,000,000.00$ 3 SY 38,050 2.00$ 76,100.00$ 4 SY 38,050 22.00$ 837,100.00$ 5 SY 28,530 30.00$ 855,900.00$ 6 LB 13,300 0.20$ 2,660.00$ 7 TON 4,110 90.00$ 369,900.00$ 8 TON 2,500 100.00$ 250,000.00$ 9 SY 4,760 20.00$ 95,200.00$ 10 SY 4,760 60.00$ 285,600.00$ 11 FOOT 32,216 1.00$ 32,216.00$ 12 FOOT 33 8.00$ 264.00$ 13 FOOT 314 40.00$ 12,560.00$ 14 FOOT 314 100.00$ 31,400.00$ 15 CY 2,800 40.00$ 112,000.00$ 16 SY 59,450 7.50$ 445,875.00$ 17 FOOT 21,400 10.00$ 214,000.00$ 18 EACH 6 400.00$ 2,400.00$ 19 EACH 3 750.00$ 2,250.00$ 20 L SUM 0.5 900,000.00$ 450,000.00$ 21 L SUM 1 150,000.00$ 150,000.00$ 22 L SUM 1 300,000.00$ 300,000.00$ SUBTOTAL 5,526,425.00$ CONTINGENCY (20%)1,105,000.00$ TOTAL 6,631,425.00$ DESIGN ENGINEERING (10%)663,000.00$ CONSTRUCTION ENGINEERING (10%)663,000.00$ ROW ACQUISITION 750,000.00$ 8,707,425.00$ Notes: 24' Edge to Edge Pavement, Plus 4' Shoulders (2' Asphalt, 2' Stone) Grading and Shaping Ditches Accounts for Full Length of Project Earth Excavation Accounts for Removal of Pavement, Stone, Base, Clay, Etc. to a Depth of 21" Earth Excavation Includes Removal of Unsuitable Material for Potential Undercuts Any Fill Material Necessary is Included in the Cost of Earth Excavation 50% of Intersection Improvements at Ashe Road are Included ROW Acquisition Includes 50' of ROW on the North Side, plus Plats, Appraisals & Title Commitments 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TOTAL PRELIMINARY COST ESTIMATE PIPE CULVERT REMOVAL PIPE CULVERTS, CLASS C, TYPE 1, 12" AGGREGATE SUBGRADE IMPROVEMENT RESTORATION GRADING AND SHAPING DITCHES INTERSECTION IMPROVEMENTS AT ASHE ROAD HOT-MIX ASPHALT SHOULDERS, 9" THERMOPLASTIC PAVEMENT MARKING - LINE 4" SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT RELOCATE EXISTING MAILBOX MOBILIZATION HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT TRAFFIC CONTROL AND PROTECTION YO2426-DR JHS/CJO May 8, 2025 Baseline Road Reconstruction & Intersection Improvements ITEM THERMOPLASTIC PAVEMENT MARKING - LINE 24" EARTH EXCAVATION GEOTECHNICAL FABRIC FOR GROUND STABILIZATION AGGREGATE SUBGRADE IMPROVEMENT, 12" HOT-MIX ASPHALT BASE COURSE, 5" BITUMINOUS MATERIALS (PRIME/TACK COAT) HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 AGGREGATE SHOULDERS, TYPE B, 9" \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Roadway Cost Estimates\Preliminary Cost Estimate_YO2451 PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 CY 5,416 40.00$ 216,640.00$ 2 SY 16,250 7.50$ 121,875.00$ 3 SY 16,250 2.00$ 32,500.00$ 4 SY 16,250 30.00$ 487,500.00$ 5 SY 12,190 30.00$ 365,700.00$ 6 LB 10,970 0.20$ 2,194.00$ 7 TON 1,755 90.00$ 157,950.00$ 8 TON 1,055 100.00$ 105,500.00$ 9 SY 2,035 30.00$ 61,050.00$ 10 SY 2,035 60.00$ 122,100.00$ 11 FOOT 18,280 1.00$ 18,280.00$ 12 FOOT 30 8.00$ 240.00$ 13 FOOT 125 125.00$ 15,625.00$ 14 SY 4,575 9.00$ 41,175.00$ 15 FOOT 9,140 10.00$ 91,400.00$ 16 EACH 4 400.00$ 1,600.00$ 17 L SUM 1 60,000.00$ 60,000.00$ 18 L SUM 1 120,000.00$ 120,000.00$ SUBTOTAL 2,021,329.00$ CONTINGENCY (20%)404,000.00$ TOTAL 2,425,329.00$ DESIGN ENGINEERING (10%)243,000.00$ CONSTRUCTION ENGINEERING (10%)243,000.00$ 2,911,329.00$ Notes: 24' Edge to Edge Pavement, Plus 4' Shoulders (2' Asphalt, 2' Stone) Grading and Shaping Ditches Accounts for Full Length of Project Earth Excavation Accounts for Removal Under Roadway to a Depth of 12" Any Fill Material Necessary is Included in the Cost of Earth Excavation 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com GRADING AND SHAPING DITCHES SIGN PANEL ASSEMBLY TRAFFIC CONTROL AND PROTECTION MOBILIZATION TOTAL PRELIMINARY COST ESTIMATE THERMOPLASTIC PAVEMENT MARKING - LINE 24" PIPE CULVERTS RESTORATION HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 AGGREGATE SHOULDERS, TYPE B, 9" HOT-MIX ASPHALT SHOULDERS, 9" THERMOPLASTIC PAVEMENT MARKING - LINE 4" HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 SOIL STABILIZATION YO2426-DR CJO May 8, 2025 Beecher Road Extension ITEM EARTH EXCAVATION GEOTECHNICAL FABRIC FOR GROUND STABILIZATION AGGREGATE SUBGRADE IMPROVEMENT, 18" HOT-MIX ASPHALT BASE COURSE, 5" BITUMINOUS MATERIALS (PRIME/TACK COAT) G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Roadway Cost Estimates\Preliminary Cost Estimate_YO2451 N. BRIDGEE. BEECHERB E R T R A M GALEN A BASELINEASHE W. BEECHERELDAMAINProject Cardinal 1037 ac 0 2,000 4,000 Feet Project Cardinal Development Ashe Rd Improvements Baseline Rd Improvements Galena Rd Improvements Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con EXHIBIT XX ROW DEDICATIONS DATE: MAY 2025United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us PROJECT CARDINALCONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2451 PATH: H:/GIS/PUBLIC/YORKVILLE/2024/ YO2451_PROJECT CARDINAL ROADWAY EXHIBITSFILE: . 100' TOTAL ROW 50' ROW DEDICATION - SOUTH 120' TOTAL ROW 60' ROW DEDICATION - EAST 120' TOTAL ROW 60' ROW DEDICATION - NORTH Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY LOCATED AT THE SOUTHWEST CORNER OF BASELINE ROAD AND OF NORTH BRIDGE STREET (Project Cardinal) 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, Pioneer Development, LLC (the "Developer"), desires to enter into an Annexation Agreement (the "Agreement"), regarding property of which Developer is the contract purchaser, which is approximately 305 acres, legally described and identified in the Agreement, attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the Agreement on June 10, 2025, and all notices required by law have been given by the City and Developer; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. Ordinance No. 2025-____ Page 2 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Section 3. This Ordinance shall be in full force and effect upon 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 ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter (“Agreement”), is made and entered into this day of 2025, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Pioneer Development, LLC, hereinafter referred to as ''Developer". WITNESSETH: WHEREAS, the Developer is the contract purchaser of the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 305 acres, more or less (the "Subject Property"); and WHEREAS, it is the desire of the Developer to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement, the Planned Unit Development Agreement attached hereto as Exhibit B (the “PUD Agreement”), and the applicable ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District with a Special Use for Planned Unit Development (the “PUD”)as set forth in the PUD and Agreement; and WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to annex the Subject Property and permit the zoning and PUD, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS, Developer and City have or will perform and execute all acts required by law to effectuate such annexation; and 2 WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the "Municipal Code"); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and WHEREAS, the Planning and Zoning Commission of the City has duly held all public hearings relating to zoning and the PUD, all as required by the provisions of the City's Unified Development Ordinance and the Municipal Code (the "Municipal Code"); and WHEREAS, the Developer and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District and that a special use for Planned Unit Development be granted in conformance with Exhibit B; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, zoning and development of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Developer agree as follows: Section 1. Incorporation of Preamble and Exhibits The Preamble set forth above and all Exhibits attached hereto are incorporated herein as if 3 fully set forth in this Section 1. Section 2. Annexation. The Developer, all owners of record of the Subject Property and at least 51% of electors residing thereon, as identified on Exhibit C, attached hereto, have filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Illinois Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Contemporaneously with the approval of this Agreement the City shall adopt an ordinance annexing the Subject Property which annexation shall be conditioned upon the City’s receipt of the Closing Notice as provided in Section 9. Section 3. Conditions of Annexation. A. The City shall, contemporaneously with approval of this Agreement, adopt an ordinance rezoning the Subject Property as M-2 General Manufacturing District and grant a Special Use Permit for Planned Unit Development consistent with the Planned Unit Development Agreement. The rezoning and PUD approval shall be adopted to become effective upon the receipt of the Closing Notice as provided in Section 9. B. It is recognized that the Developer intends to develop a data center campus on the Subject Property. The zoning and land use entitlements for the Subject Property, as established by this Agreement and the PUD are fully vested and shall survive after the twenty (20) year term of this Agreement, without any ‘use it or lose it’ trigger, reversion, alternate use, or fallback provision, regardless of the timing or pace of development. C. Should the Subject Property remain undeveloped, in the 19th year of this Agreement the 4 City shall have the right, but not the obligation, to rezone the Subject Property for a use in conformance with the general character of the parcels surrounding the Subject Property. Developer shall not challenge, oppose or otherwise hinder any attempt by the City to rezone the Subject Property pursuant to this section. D. The Developer and the City shall enter into the PUD Agreement, a Development Agreement, and a Utility Infrastructure Agreement, all of which shall be effective upon receipt of the Closing Notice as provided in Section 9. The City shall not make any changes to the PUD or the zoning of the Subject Property without the written consent of the Developer. E. No obligation to construct or fund any infrastructure, utilities, or public improvements, on-site or off-site, shall arise under this Agreement. Any such obligations shall be set forth exclusively in one or more future, separately executed agreements, to be negotiated in good faith, and subject to mutual agreement as to commercial reasonableness and scope. F. No impact fees shall be imposed on the Subject Property unless expressly agreed to in writing by the Developer. Building Permit fees applicable to the Subject Property shall be set forth in a Development Agreement between Developer and the City. G. The City represents and warrants that there are currently no recaptures or similar charges due with respect to the Subject Property or any property subject to the PUD. Further, the City shall provide Developer notice of any future recapture or similar charges prior to subjecting such properties to said charges. Section 4. Binding Effect and Term. Upon the receipt of the Closing Notice by the City, this Annexation Agreement shall be 5 binding upon and inure to the benefit of the parties hereto, and their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section 5. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. A. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. B. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty (30) days after notice of said breach to correct the same or diligently commence to cure said breach prior to the non-breaching Party’s seeking of any remedy provided for herein. However, any breach by Developer reasonably determined by the City to involve health or safety issues may be the subject of immediate action by the City without notice of thirty (30) day delay. In no event shall the City or its officers, employees, or agents be held liable for money damages. C. In the event the performance of any covenant to be performed hereunder by 6 Developer or the City is delayed or prevented by causes beyond the reasonable control of the party responsible for such performance (including, without limitation: acts of God; inclement weather; strikes or labor disputes; material shortages; supply chain disruptions; lockouts; delays in delivery of equipment or materials; delays in the provision of electric utility or transmission interconnections or capacity; regulatory changes or moratoria; governmental actions; changes in law; pandemics or public health emergencies; or any similar event), the time for such performance shall be extended by the period of such delay. Section 6. Notices All notices under this Agreement shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 Attn: Kathleen Field Orr To the Developer: Pioneer Development, LLC 30 N. Gould Street, #38989 Sheridan, Wyoming 82801 Attn: Matt McCarron 7 With a copy to: David J. Silverman Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 Section 7. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement (or the PUD Agreement) and any ordinances, codes, rules, or regulations of the City, whether existing at the time of execution or adopted or amended during the term of this Agreement, the provisions of this Agreement and the PUD Agreement shall prevail and govern. Section 8. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. Section 9. Closing Notice. The Parties acknowledge that as of the date of approval of this Agreement, Developer is the contract purchaser of the Subject Property. At the time the City Council approves this Agreement, the Annexation Ordinance and all entitlement approval ordinances approved herewith shall be held by the City until such time as Developer or its assign takes title to the 8 Subject Property as hereafter provided. To this end, this Agreement, the Annexation Ordinance and all entitlement ordinances shall become effective as of the date Developer takes title to the Subject Property(the “Effective Date”). This Agreement, the Annexation Ordinance and all entitlement ordinances shall not be filed or recorded unless Developer or its assignee takes title to the Subject Property. The City Clerk shall cause the Agreement to be recorded against the Subject Property only after receipt of notice (“Closing Notice”) that the Developer or its assignee has acquired the Subject Property. If the City Clerk does not receive a Closing Notice within one year of approval of this Agreement, then this Agreement shall be null and void, and the City Clerk shall not thereafter record the Agreement. Section 10. Assignment. The Developer may assign this Agreement without any approval by the City. This Agreement shall inure to the benefit of, and be binding upon, the successors in interest of the Developer, and each of them, their respective successors, grantees, lessees (to the extent hereinafter provided), and assigns, upon successor corporate authorities of the City and successor municipalities. The Developer shall provide the City with at least thirty (30) days’ notice of any intended assignment of this Agreement. The Developer (and any assignee or successor) may further (a) develop the Subject Property in phases; (b) subdivide or transfer all or any portion of the Subject Property; and (c) grant security interests, deeds of trust, or mortgages to any lender, all without City consent and upon written notice to the City. In the event of a default by Developer or its successor, any mortgagee, collateral assignee, or lender of record shall have the right to receive notice of default and shall have an additional sixty (60) days after Developer’s cure period to cure 9 any default or to assume the Developer’s position under this Agreement, including assignment or foreclosure, without further City consent. IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk PIONEER DEVELOPMENT, LLC By: ______ Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY LOCATED AT THE SOUTHWEST CORNER OF BASELINE ROAD AND NORTH BRIDGE STREET (STATE ROUTE 47) (Project Cardinal) 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, Pioneer Development, LLC, an Illinois limited liability company (“Applicant”), is the contract purchaser of approximately 1,037 acres of property, located just south of Baseline Road, west of North Bridge Street (State Route 47), and east of Ashe Road (“Subject Property”) within the corporate limits of the City, legally described in Exhibit A and as shown on Exhibit B attached hereto and made a part hereof; and WHEREAS, the Applicant desires to rezone the Subject Property, which is currently classified as a mix of R-2 Single-Family Traditional Residence District, R-3 Multi-Family Attached Residence District, and B-3 General Business District into the M-2 General Manufacturing Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on July 9, 2025, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-12 of the City’s Unified Development Ordinance and made findings of fact and recommended approval of the rezoning to the Mayor and City Council (“Corporate Authorities”); and Ordinance No. 2025-____ Page 2 WHEREAS, the Planning and Zoning Commission recommend rezoning to M-2 General Manufacturing District, so long as the use of the Subject Property is restricted to M-2 uses that align with other surrounding property uses; 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. The Planning and Zoning Commission recommended approval of this rezoning request after making the following Findings of Fact: i. Due to recent trends in rezoning and development in the area, the proposed rezoning is consistent with the Comprehensive Plan and the purposes of the City’s Unified Development Ordinance UDO. ii. Existing zoning classifications in the area of the Subject Property are primarily residential and agricultural. The rezoning is compatible with the existing and planned uses and zoning of nearby properties, as other properties in the immediate area have also requested M-2 zoning from the City for the purpose of developing data centers. iii. The subject property is suitable for the purposes of the M-2 zoning district, as has been vacant in its current zoning designation for an extended period. Additionally, the Subject Property’s size allows for a data center development with buffering on the outer border to protect uses within surrounding properties. Ordinance No. 2025-____ Page 3 iv. The proposed rezoning will result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels. v. The property meets the minimum frontage and area requirements of the M-2 zoning district as specified in Section 10-3-9(A) of the UDO. vi. There is a community need for the proposed use, as a data center will not only meet the increasing demand for data centers in the Chicagoland area, but will also provide local infrastructure enhancements and expansion of public utilities. vii. The property has been vacant as a blend of agricultural, residential and commercial uses for an extended period. Section 3. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described in the attached Exhibit A, with Property Index Numbers 02-05-300- 003, 02-04-300-032, 02-04-300-024, 02-05-400-021, 02-09-100-031, 02-09-100-030, 02-04-100- 015, 02-05-200-007, 02-06-100-022, 02-06-200-002, 02-05-400-022, 02-05-200-006, 02-04-100- 016, 02-06-400-008, 02-06-200-003, 02-05-100-003, 02-05-100-005, 02-05-400-009, 02-04-300- 018, 02-04-300-017, 02-06-400-001, 02-05-200-004, 02-05-200-001, into the M-2 General Manufacturing Zoning District. Section 4. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. [Remainder of page intentionally blank. Roll call vote follows.] Ordinance No. 2025-____ Page 4 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 PINS BY OWNER Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE PIN: 02-04-300-032 CITY OF YORKVILLE PIN: 02-04-300-024 CITY OF YORKVILLE PIN: 02-05-400-021 CITY OF YORKVILLE PIN: 02-09-100-031 CITY OF YORKVILLE PIN: 02-09-100-030 CITY OF YORKVILLE Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE PIN: 02-05-200-007 UNINCORPORATED The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE PIN: 02-05-400-022 CITY OF YORKVILLE PIN: 02-05-200-006 CITY OF YORKVILLE PIN: 02-04-100-016 CITY OF YORKVILLE PIN: 02-06-400-008 UNINCORPORATED PIN: 02-06-200-003 UNINCORPORATED PIN: 02-05-100-003 UNINCORPORATED PIN: 02-05-100-005 UNINCORPORATED PIN: 02-05-400-009 CITY OF YORKVILLE PIN: 02-04-300-018 CITY OF YORKVILLE PIN: 02-04-300-017 CITY OF YORKVILLE PIN: 02-06-400-001 UNINCORPORATED LEGAL DESCRIPTION OWNER: Sanjay & Sameer Gupta PARCEL 1: THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, 2 RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80 CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS; THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT 2 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. OWNER: Galena & 47th LLC and MPLIV10LLC PARCEL 1: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 990.0 FEET (15 CH.) TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 52 MINUTES 56 SECONDS WEST ALONG SAID SOUTHERLY LINE AND THE WESTERLY EXTENSION THEREOF, 1722.34 FEET TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT-OF-WAY OF ILLINOIS ROUTE 47 AS RECORDED IN DOCUMENT 907257 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 128.76 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 19 SECONDS EAST ALONG SAID WESTERLY LINE, 10.0 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 787.46 FEET; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 13 DEGREES 43 MINUTES 37 SECONDS WEST, 773.94 FEET TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEARING NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST, 719.99 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 31 DEGREES 17 MINUTES 50 SECONDS WEST, 205.17 FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 45 SECONDS WEST ALONG SAID WESTERLY LINE, 88.42 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTH 74 DEGREES 20 MINUTES 53 SECONDS WEST, 41.71 FEET TO AN EASTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTH 29 DEGREES 07 MINUTES 39 3 SECONDS EAST ALONG SAID EASTERLY LINE, 267.87 FEET TO SAID SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST ALONG SAID SOUTH LINE, 9.74 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 27 DEGREES 39 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 366.26 FEET; THENCE NORTH 00 DEGREES 54 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 756.55 FEET; THENCE DEPARTING FROM SAID WESTERLY LINE NORTH 02 DEGREES 12 MINUTES 23 SECONDS EAST, 581.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 87 DEGREES 52 MINUTES 56 SECONDS EAST ALONG SAID SOUTHERLY LINE, 22.15 FEET TO THE POINT OF BEGINNING IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 26 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE WEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 642.93 FEET TO A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES 56 MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 100.00 FEET TO A POINT WHICH IS 169.50 FEET, AS MEASURED PARALLEL WITH SAID EAST LINE SOUTHERLY OF SAID ORIGINAL CENTER LINE TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE, 1675.69 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET, 933.19 FEET; THENCE WESTERLY, ALONG SAID PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE, 957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, 920.88 FEET TO A POINT 4 WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF, 2,686.96 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE, 101.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. OWNER: Dale L. Konicek, LLC TRACT 1: THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2025.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREE 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 36.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. TRACT 2: THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS. ALSO; THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST 5 NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. ALSO; THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. TRACT 3: LOT 2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS TO THE SOUTHWEST CORNER OF SAID LOT, THENCE NORTH 38 1/2 LINKS TO THE SOUTH BANK OF DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST 40 CHAINS TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST 1/4, 1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE EAST ALONG SAID NORTH LINE 667.0 FEET, THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE, 396.0 FEET, THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 667.0 FEET, THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.0 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 38 1/2 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING, THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 6 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 4: THAT PART OF LOT 2 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 4, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 5: PARCEL 1: THAT PART OF THE WEST 1/2 OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 5; THENCE NORTH 00 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS WEST 1323.10 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 1828.36 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTH 00 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; THENCE SOUTH 02 DEGREES 43 MINUTES 14 SECONDS WEST ALONG SAID CENTER LINE 300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH 03 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID 7 CENTER LINE, 3318.05 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST NO. 35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK 152, PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND OCCUPIED, HEREINAFTER REFERRED TO AS LINE "B", FOR THE POINT OR BEGINNING; THENCE EAST ALONG SAID LINE "B", A DISTANCE OF 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO THE INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE "B"; THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ILLINOIS. AND ALSO EXCEPTING: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1336.52 FEET ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET, THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 25 MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS, AND ALSO EXCEPTING, THAT PART CONVEYED BY WARRANTY DEED RECORDED AUGUST 30, 2007 AS DOCUMENT 200700026496, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF SAID 8 SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2026.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 48 SECONDS EAST, 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 38.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG THE SECTION LINE 1331.4 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 07 MINUTES 00 SECONDS MEASURED FROM WEST TO SOUTH FROM THE SECTION LINE, 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5; THENCE SOUTHERLY ALONG THE SECTION LINE, FORMING AN ANGLE OF 89 DEGREES 27 MINUTES 00 SECONDS MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE, 146.4 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE, 2461.1 FEET TO THE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841 (TRACT 1); THENCE WEST ALONG SAID NORTH LINE 1133.17 TO A POINT OF INTERSECTION WITH A LINE 415.0 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA V. KONICEK BY DEED RECORDED AS DOCUMENT NO. 136414 IN BOOK 126, PAGE 41; THENCE NORTH ON SAID PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841, 1897.19 FEET TO THE NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION; AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE 9 EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5, WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TRACT 6: PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, ALSO, THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND 10 TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040. OWNER: The Konicek Family Limited Partnership A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM RIGHT OF WAY DEDICATED FOR ASHE ROAD AND GALENA ROAD AND ALSO; EXCEPTING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET); THENCE SOUTH 12 DEGREES 40 MINUTES WEST, 22.655 CHAINS (1495.23 FEET); THENCE SOUTH 89 DEGREES 25 MINUTES WEST, 11.535 CHAINS (761.31 FEET); THENCE SOUTH 27 DEGREES 50 MINUTES 42 SECONDS WEST, 765.57 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES EAST, 437.71 FEET; THENCE SOUTH 18 DEGREES 05 MINUTES WEST, 637.63 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD; THENCE SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, 187.93 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST ALONG SAID RIGHT OF WAY LINE 136.30 FEET TO A POINT OF CURVE; THENCE CONTINUING EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14,285.00 FEET AND CHORD BEARING SOUTH 78 DEGREES 06 MINUTES 11 SECONDS EAST, 189.98 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY; THENCE NORTH 14 DEGREES 08 MINUTES 51 SECONDS EAST ALONG SAID RIGHT OF WAY, 20.02 FEET TO A POINT OF BEND; THENCE EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14,265.00 FEET AND CHORD BEARING SOUTH 79 DEGREES 23 MINUTES 57 SECONDS EAST, A DISTANCE OF 453.85 FEET TO A POINT OF TANGENT; THENCE SOUTH 80 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID RIGHT OF WAY, 29.82 FEET; THENCE NORTH 10 DEGREES 46 MINUTES 28 SECONDS EAST, 528.48 11 FEET; THENCE NORTH 79 DEGREES 13 MINUTES 32 SECONDS WEST, 810.97 FEET; THENCE SOUTH 10 DEGREES 46 MINUTES 28 SECONDS WEST, 541.53 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ALSO EXCEPTING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET) TO THE NORTHEAST CORNER OF EQUESTRIAN ESTATES AT LEGACY FARMS; THENCE SOUTH 12 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EAST LINE EXTENDED SOUTHERLY, 22.655 CHAINS (1495.23 FEET); THENCE NORTH 89 DEGREES 25 MINUTES EAST, 29.67 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD AS RELOCATED FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 25 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 618.59 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES EAST, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 355.09 FEET; THENCE NORTH 89 DEGREES 25 MINUTES EAST, A DISTANCE OF 683.60 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1482.39 FEET, WHOSE CHORD BEARS NORTH 10 DEGREES 57 MINUTES 30 SECONDS WEST, 360.99 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS ANNEXING CERTAIN TERRITORY LOCATED AT THE SOUTHWEST CORNER OF BASELINE ROAD AND NORTH BRIDGE STREET TO THE UNITED CITY OF YORKVILLE (Project Cardinal) 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, a duly executed PETITION FOR ANNEXATION, signed by an authorized representative of Pioneer Development, LLC (“Developer”), all owners of record and at least 51% of electors residing thereon, as identified on Exhibit A, attached hereto, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and WHEREAS, said territory is not within the corporate limits of any municipality, but is contiguous to the City; and WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and WHEREAS, the legal owners or record of said territory and the City have entered into a valid and binding annexation agreement relating to such territory; and WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and WHEREAS, it is in the best interests of the City that said territory be annexed. 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 property to be annexed is a portion of that property that is identified by property index numbers 02-05-300-003, 02-04-300-032, 02-04-300-024, 02-05-400-021, 02-09-100-031, 02-09- Ordinance No. 2025-____ Page 2 100-030, 02-04-100-015, 02-05-200-007, 02-06-100-022, 02-06-200-002, 02-05-400-022, 02-05-200-006, 02-04-100-016, 02-06-400-008, 02-06-200-003, 02-05-100-003, 02-05-100-005, 02-05-400-009, 02-04- 300-018, 02-04-300-017, 02-06-400-001, 02-05-200-004, 02-05-200-001, and legally described and depicted in the Plat of Annexation, attached hereto as Exhibit B. Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [Remainder of Page Intentionally Left Blank, Roll Call Vote to Follow] Ordinance No. 2025-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 02-05-200-007 THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 02-05-100-003 & 02-05-100-005 THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS. 02-06-200-003 THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. AND ALSO THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 02-06-400-001 PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, 02-06-400-008 THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040. 02-06-100-022 A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE WEST LINE OF ASHE ROAD CONVEYED BY DOCUMENT 200200024565. 6 5 5 4 GALEN A R O A D GALENA ROA D ELDAMAIN ROADASHE ROADBASELINE ROAD 02-06-400-008 02-05-100-003 02-06-400-001 02-06-100-022 02-05-200-007 02-06-200-003 02-05-100-005 BEECHER ROAD6 SUG AR G R O V E, IL.MARK G SCHEL L E R035-003581 PROFESSIONAL LAND SURVEYOR STATE OF ILLINOIS PAGE 1 OF 1 PLAT OF ANNEXATION Engineering Enterprises, Inc. PLAT OF ANNEXATION UNITED CITY OF YORKVILLE 651 PRAIRIE POINT DRIVE YORKVILLE , IL 60560 TO THE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS 02-05-200-007 THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 02-05-100-003 & 02-05-100-005 THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS. 02-06-200-003 THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. AND ALSO THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 02-06-400-001 PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, 02-06-400-008 THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040. 02-06-100-022 A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE WEST LINE OF ASHE ROAD CONVEYED BY DOCUMENT 200200024565. ANNEXATION, REZONING & PUD APPLICATIONS UNITED CITY OF YORKVILLE MARCH 14, 2025 Table of Contents Section 1. Project Cardinal Introduction Section 2. Application for Annexation Section 3. Application for Rezoning Section 4. Application for Planned Unit Development (“PUD”) Section 5. Petition for Special Use and PUD Approval Section 6. Conceptual Site Plan Section 7. Building Elevations Section 8. Landscape Plan Section 9. Traffic Impact Analysis Section 10. Stormwater Calculations Section 11. Security Fencing Section 12. Annexation Map Section 13. Legal Description Section 14. Consents of Owners Section 15. Contiguous Owners Section 16. Public Hearing Sign Application Section 17. Fee Schedule Section 18. Acknowledgement of Financial Responsibility Section 1 Project Cardinal Introduction Project Cardinal (“Project”) is an intended state-of-the-art data center campus in the City of Yorkville (“City”) on approximately 1,037 acres of vacant land northwest of Route 47 and Galena Road. The Project is proposed by Pioneer Development, LLC (“Petitioner”), a hyperscale data center developer specializing in advanced digital infrastructure solutions. The phased Project will include up to fourteen data center buildings as shown on the Concept Site Plan included in Section 6 of this application package. Each phase of the Project is expected to include one building, and each building phase is expected to become operational within twenty-four months of groundbreaking. Subject to market conditions, the first building is slated for operation in 2029, and additional buildings will come online on a ramp schedule as power availability increases. Given Chicagoland’s increasing need for high-performance computing, Project completion is anticipated within the next decade. Each building in the Project will feature architectural treatments that incorporate elements reminiscent of modern warehouse design, balancing practical necessity with aesthetics to the full extent possible. Facades will include precast concrete walls with metal elements, considering the most current technology and specific tenant requirements. The Petitioner will install core utilities and site infrastructure, including a utility switchyard, two electrical substations, seven stormwater management basins, three main access roads with security checkpoints, on-site parking, and perimeter fencing. The Project is innovatively designed to operate with minimal impact on public resources, generate significant tax and other revenue streams at local and state levels and enhance the region’s digital and other infrastructure, while meeting the growing hyperscale technology demands of its prospective tenants. Section 2 Application for Annexation APPLICATION FOR ANNEXATION United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IS THE PROPERTY OCCUPIED OR VACANT: IF OCCUPIED, PLEASE LIST ALL NAMES OF ELECTORS (THOSE REGISTERED TO VOTE) RESIDING ON THE PROPERTY: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) (847) 738-5005 March 21, 2025 Project Cardinal Matt McCarron Pioneer Development, LLC 30 N. Gould Street, #38989, Sheridan, WY 82801 The Konicek Family LP, Sanjay & Sameer Gupta, Galena & 47th LLC & MPLIV10 LLC, & Dale L. Konicek LLC Vacant Approximately 1037 acres of vacant land under contract by applicant within the boundaries of Ashe Rd to the West, Baseline Rd to the North, IL-47 to the East, and Galena Rd to the South (excluding farmsteads at 10094 and 10034 Baseline Rd). City of Yorkville: PUD (R-2, R-3, and B-3); Kendall County: A-1 Agricultural Kane County: F-1 Rural Residential District Yorkville: B-3 General Bus., R-3 Multi-Family Attached Res., R-4 General Multi-Family Res., and PUD (R-2, R-3, and B-3) Kendall County: A-1 Agricultural and M-1 Limited Manufacturing Kendall County: A-1 Agricultural and RPD-1 Ord. 06-03 w/Special Use Ord. 19-21 02-06-100-022 02-06-400-008 02-06-200-003 02-05-100-003 02-05-100-005 02-05-200-007 02-06-400-001 Sheridan, WY 82801 matt@cirrusfarms.com ,6098325Ā-5:14671Ā/,(Ā.*"#+!*&Ȁ)%""Ȁ$-)!Ȁ)"$%Ȁ"'+"* )# ')$ APPLICATION FOR ANNEXATION United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us PLEASE DESCRIBE IN DETAIL ANY ADDITIONAL REQUESTS TO BE MADE UPON ANNEXATION APPROVAL. ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must attach a Plat of Survey or Proposed Plat of Annexation of the property and title it as “Exhibit B”. Petitioner must provide a written petition signed by a majority of the owners of record of land within the territory to be annexed and also by a majority of the electors, if any, residing within the territory to be annexed. Attach as a separate petition titled as “Exhibit C”. In addition to the annexation of the unincorporated parcels to the United City of Yorkville as requested by this application, there will be corresponding applications for rezoning to M-2 General Manufacturing District and for a Special Use for Planned Unit Development for all the parcels to be acquired by applicant within the boundaries of Ashe Rd to the West, Baseline Rd to the North, 47 to the East, and Galena Rd to the South. David J. Silverman & Ann M. Zaremba Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 (815) 730-9500 azaremba@msclawfirm.com Burns & McDonnell Engineering Company, Inc. 2175 N. California Blvd, Suite 400 (650) 631-6496 Dean L. Bauer, PLS (Director of Surveying)Quigg Engineering Inc 245 W. Roosevelt Road, Suite 87 (630) 228-1231 ext. 2501 Joliet, IL 60435 dsilverman@msclawfirm.com Toby Barrons Walnut Creek, CA 94596 tbarrons@burnsmcd.com West Chicago, IL 60185 dbauer@quiggengineering.com ,6098325Ā-5:14671Ā/,(Ā.*"#+!*&Ȁ)%""Ȁ$-)!Ȁ)"$%Ȁ"'+"* )# ')$ APPLICATION FOR ANNEXATION United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fa x: 630-553-7575 Website: www.yorkville.il.us AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. PETITIONER SIGNATURE DATE OWNER SIGNATURE DATE OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: {See Consent of Owners - Section 14} ,6098325Ā-5:14671Ā/,(Ā.*"#+!*&Ȁ)%""Ȁ$-)!Ȁ)"$%Ȁ"'+"* )# ')$ Section 3 Application for Rezoning APPLICATION FOR REZONING United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: TOTAL ACREAGE: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) March 20, 2025 Project Cardinal Matt McCarron Pioneer Development, LLC 30 N. Gould Street, #38989 Sheridan, WY 82801 (847) 738-5005 matt@cirrusfarms.com The Konicek Family LP,Sanjay&Sameer Gupta, Galena & 47th LLC, MPLIV10 LLC & Dale L. Konicek LLC Approximately 1037 acres of vacant land under contract by applicant within the boundaries of Ashe Rd to the West, Baseline Rd to the North, Route 47 to the East and Galena Rd to the South. PUD (R-2, R-3 & B-3) Kendall: A-1 M-2 1037 Kane County: F-1 Rural Residential Yorkville: B-3 General Business, R-3 Multi-Family Attached Res., R-4 Multi-Family Res., and PUD (R-2, R-3 & B-3) Kendall County: A-1 Agricultural & M-1 Limited Manufacturing Kendall County: A-1 Agricultural & RPD-1 Residential Planned Development Ord. 06-03 w/Special Use Ord. 19-21 02-06-100-022 02-06-200-002 02-06-400-008 02-06-200-003 02-05-400-022 02-05-100-003 02-05-100-005 02-05-200-006 02-04-100-016 02-04-300-018 02-05-400-009 02-04-300-017 02-05-300-003 02-04-300-032 02-05-400-021 02-09-100-030 02-09-100-031 02-04-300-024 02-04-100-015 02-05-200-007 02-06-400-001 ● -6098325Ā.5:14671Ā/-)Ā-,"",%'&Ȁ'$+ Ȁ$.*+Ȁ(#"!Ȁ# *...%-',%- APPLICATION FOR REZONING United City of Yorkville 1SBJSJF1PJOUF%SJWF Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. David J. Silverman & Ann M. Zaremba Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, IL 60435 (815) 730-9500 dsilverman@msclawfirm.com&azaremba@msclawfirm.co Toby Barrons Burns & McDonnell Engineering Company Inc. 2715 N. California Blvd, Suite 400 Walnut Creek, CA 94596 (650) 631-6496 tbarrons@burnsmcd.com Dean L. Bauer, PLS (Director of Surveying)Quigg Engineering Inc 245 W. Roosevelt Road, Suite 87 West Chicago, IL 60185 (630) 228-1231 ext. 2501 dbauer@quiggengineering -6098325Ā.5:14671Ā/-)Ā-,"",%'&Ȁ'$+ Ȁ$.*+Ȁ(#"!Ȁ# *...%-',%- APPLICATION FOR REZONING United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us REZONING STANDARDS PLEASE STATE HOWTHE MAP AMENDEMENT IS CO.1"5*#-&WITHTHE EXISTING AND PLANNED USES AND ZONING OF NEARBY PROPERTIES: PLEASE STATE HOWTHE SUBJECT PROPERTY *446*5"#*-&FORTHE 163104&40'5)&PROPOSED ZONING DISTRICT: PLEASE STATE HOW THE PROPOSED MAP AMENDEMENT WILL NOT RESULT IN AN INDIVIDUAL PARCEL ZONED IN ONE ZONING DISTRICT THAT IS NOT SHARED BY ANY ADJACENT PARCELS: PLEASE STATE HOWTHE MAP AMENDMENT IS CONSISTENTWITHTHE COMPREHENSIVE PLAN ANDTHE PURPOSES OFTHE UNIFIED DEVELOPMENT ORDINANCE: "DDPSEJOHUPUIF$PNQSFIFOTJWF1MBOBEPQUFECZUIF$JUZJO UIF$JUZGBDFEUIFJTTVFUIBUQBTUQMBOT XFSFCBTFEPOUIFBTTVNQUJPOTPG DPOUJOVFE GBTUQBDFESFTJEFOUJBM BOEDPNNFSDJBM 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www.yorkville.il.us REZONING STANDARDS PLEASE STATE THE COMMUNITY NEED FOR THE PROPOSED LAND USE: PLEASE STATE THE LENGTH OF TIME THE PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: PLEASE STATE HOWTHE PROPOSED PARCEL(S)TO BE REZONED SHALL MEETTHE MINIMUM FRONTAGE AND AREA REQUIREMENTS OFTHE REQUESTED ZONING DISTRICT ASSPECIFIED IN SECTION10-3-9(A) INTHE UNIFIED DEVELOPMENT ORDINANCE 6/-&4405)&38*4&(3"/5&%3&-&*'"441&$*'*&%*/4&$5*0/7"3*"5*0/4: 1FUJUJPOFSQSPQPTFTBEBUBDFOUFSBDDPSEJOHUPUIFBUUBDIFE$PODFQUVBM4JUF1MBO 4FDUJPO #VJMEJOH&MFWBUJPOT 4FDUJPO BOE -BOETDBQF1MBO 4FDUJPO JO BDDPSEBODFXJUIUIFSFRVJSFNFOUTPG " PGUIF6OJGJFE %FWFMPQNFOU0SEJOBODF BOEXJUI EFWJBUJPOTBTSFRVFTUFECZ1FUJUJPOFSJOUIFDPSSFTQPOEJOHBQQMJDBUJPOGPSB4QFDJBM 6TFGPS1MBOOFE6OJU%FWFMPQNFOU 4FDUJPOBOE 4FDUJPO 5IFQSPQPTFEVTFBTBEBUBDFOUFSQFSNJUUFEJOUIF.(FOFSBM.BOVGBDUVSJOH%JTUSJDUXJMMNFFUUIFJODSFBTJOHEFNBOEGPSEBUBDFOUFS 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Ȁ$.*+Ȁ(#"!Ȁ# *...%-',%- APPLICATION FOR REZONING United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. PETITIONER SIGNATURE DATE OWNER SIGNATURE DATE OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: \4FF$POTFOUTPG0XOFST4FDUJPO ^ -6098325Ā.5:14671Ā/-)Ā-,"",%'&Ȁ'$+ Ȁ$.*+Ȁ(#"!Ȁ# *...%-',%- Section 4 Application for PUD APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL: FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: REQUESTED ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: TOTAL ACREAGE: LIST ALL GOVERNMENTAL ENTITIES OR AGENCIES REQUIRED TO RECEIVE NOTICE UNDER ILLINOIS LAW: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) March 20, 2025 Project Cardinal Matt McCarron Pioneer Development, LLC 30 N. Gould Street, #38989 The Konicek Family LP, Sanjay & Sameet Gupta, Galena & 47th LLC, MPLIV10, LLC, & Dale L. Konicek LLC Approximately 1037 acres of vacant land under contract by Petitioner within the boundaries of Ashe Rd to the West, Baseline Rd to the North, IL-47 to the East and Galena Rd to the South. PUD (R-2, R-3 & B-3) Kendall: A-1 M-2 PUD (R-2, R-3 & B-3) Approximately 1037 acres Kane County: F-1 Rural Residential Yorkville: B-3 General Business, R-3 Multi-Family Attached Res., R-4 Multi-Familly Res., and PUD (R-2, R-3, & B-3) Kendall County: A-1 Agricultural & M-1 Limited Manufacturing Kendall County: A-1 Agricultural & RPD-1 Residential Planned Devleopment Ord. 06-03 w/ Special Use Ord. 19-21 02-06-100-022 02-06-200-002 02-06-400-008 02-06-200-003 02-05-400-022 02-05-100-003 02-05-100-005 02-05-200-006 02-04-100-016 02-04-300-018 02-05-400-009 02-04-300-017 02-05-300-003 02-04-300-032 02-05-400-021 02-09-100-030 Sheridan, WY 82801 matt@cirrusfarms.com +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us ATTORNEY INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: ENGINEER INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: LAND PLANNER/SURVEYOR INFORMATION NAME: COMPANY: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL: FAX: AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. PETITIONER SIGNATURE OWNER SIGNATURE DATE DATE THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: David J. Silverman & Ann M. Zaremba Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 (815) 730-9500 azaremba@msclawfirm.com Toby Barrons Burns & McDonnell Engineering Company Inc 2715 N. California Blvd, Suite 400 (650) 631-6496 Dean L. Bauer, PLS (Director of Surveying)Quigg Engineering Inc 245 W. Roosevelt Road, Suite 87 (630) 228-1231 ext. 2501 (312) 235-6784 {See Consents of Owners - Section 14} Joliet, IL 60435 dsilverman@msclaw.com Walnut Creek, CA 94596 tbarrons@burnsmcd.com West Chicago, IL 60185 dbauer@quiggengineering.com +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PROPERTY INFORMATION IS THE PROPERTY WITHIN CITY LIMITS? DOES A FLOODPLAIN EXIST ON THE PROPERTY? ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. PUD MODIFICATION STANDARDS PETITIONER MUST INDICATE WHICH TANGIBLE BENEFIT THE PROPOSED PLANNED UNIT DEVELOPMENT WILL PROVIDE TO THE CITY, AS DEFINED IN SECTION 10-8-8D OF THE UNIFIED DEVELOPMENT ORDINANCE. AT LEAST ONE (1) MUST BE MET: LANDSCAPE CONSERVATION AND VISUAL ENHANCEMENT SUSTAINABLE DESIGN PUBLIC GATHERING SPACE PLACEMAKING UNIVERSAL DESIGN HIGH QUALITY BUILDING MATERIALS AGE-TARGETED DEVELOPMENT AFFORDABILITY PROVISION OF A PUBLIC SCHOOL PROVISION OF A REGIONAL PARK FUNDING OR CONSTRUCTION OF PUBLIC ROADWAYS REGIONAL UTILITY IMPROVEMENTS As part of the pre-application meeting with community development staff, the petitioner can determine which above PUD modification standard is consistent with the proposed plan. YES NO YES NO 1BSUPGUIF 4VCKFDU1SPQFSUZJTOPUXJUIJO$JUZMNJUT BOEJTUIFTVCKFDUPGUIFDPSSFTQPOEJOH"QQMJDBUJPO GPS"OOFYBUJPOTVCNJUUFECZ1FUJUJPOFS■ +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PUD STANDARDS PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES SET FORTH IN THE COMPREHENSIVE PLAN AND OTHER ADOPTED PLANS AND POLICY DOCUMENTS OF THE CITY: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS LAID OUT AND DEVELOPED AS A UNIT IN ACCORDANCE WITH AN INTEGRATED OVERALL DESIGN, IN WHICH THE VARIOUS LAND USES FUNCTION AS A COHESIVE WHOLE AND SUPPORT ONE ANOTHER. THE DESIGN SHALL PROVIDE IDENTIFIABLE CENTERS, WHICH FORM FOCUS AREAS OF ACTIVITY IN THE DEVELOPMENT, AND EDGES, WHICH DEFINE THE OUTER BORDERS OF THE DEVELOPMENT, THROUGH THE HARMONIOUS GROUPING OF BUILDINGS, USES, FACILITIES, PUBLIC GATHERING SPACES, AND OPEN SPACE: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS DESIGNED, LOCATED, AND PROPOSED TO BE OPERATED AND MAINTAINED SO THAT IT WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADJACENT PROPERTY AND WILL NOT SUBSTANTIALLY INCREASE THE DANGER OF FIRE OR OTHERWISE ENDANGER THE PUBLIC HEALTH, SAFETY, AND WELFARE: Please see attached petition. Please see attached petition. Please see attached petition. +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us PUD STANDARDS PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT INCLUDES USES WHICH ARE GENERALLY COMPATIBLE AND CONSISTENT WITH THE USES OF ADJACENT PARCELS. IF THE USES ARE NOT GENERALLY COMPATIBLE, ALL ADVERSE IMPACTS HAVE BEEN MITIGATED THROUGH SCREENING, LANDSCAPING, PUBLIC OPEN SPACE, AND OTHER BUFFERING FEATURES THAT PROTECT USES WITHIN THE DEVELOPMENT AND SURROUNDING PROPERTIES: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT IS DESIGNED SO THAT ADEQUATE UTILITIES, ROAD ACCESS, STORMWATER MANAGEMENT, AND OTHER NECESSARY FACILITIES WILL BE PROVIDED TO SERVE IT. THE PLANNED UNIT DEVELOPMENT SHALL INCLUDE SUCH IMPACT FEES AS MAY BE REASONABLY DETERMINED BY THE CITY COUNCIL. THESE REQUIRED IMPACT FEES SHALL BE CALCULATED IN REASONABLE PROPORTION TO THE IMPACT OF THE PLANNED UNIT DEVELOPMENT ON PUBLIC FACILITIES AND INFRASTRUCTURE: PLEASE STATE HOW THE PLANNED UNIT DEVELOPMENT DOES NOT SUBSTANTIALLY ADVERSELY IMPACT AN ARCHAEOLOGICAL, HISTORICAL, OR CULTURAL RESOURCE, INCLUDED ON THE LOCAL, STATE, OR FEDERAL REGISTER, LOCATED ON OR OFF THE PARCEL(S) PROPOSED FOR DEVELOPMENT: Please see attached petition. Please see attached petition. Please see attached petition. +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us A PLANNED UNIT DEVELOMENT, IF APPROVED, IS CONSIDERED A SPECIAL USE. IN ADDITION TO THE ABOVE PLANNED UNIT DEVELOPMENT STANDARDS, THE FOLLOWING SPECIAL USE STANDARDS OF REVIEW SHALL ALSO BE CONSIDERED: SPECIAL USE STANDARDS PLEASE STATE HOW THE ESTABLISHMENT, MAINTENANCE OR OPERATION OF THE SPECIAL USE WILL NOT BE UNREASONABLY DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, SAFETY, MOALS, COMFORT, OR GENERAL WELFARE: PLEASE STATE HOW THE SPECIAL USE WILL NOT BE INJURIOUS TO THE USE AND ENJOYMENT OF OTHER PROPRTY IN THE IMMEDATE VICINITY FOR THE PURPOSE "LREADY PERMITTED, N0R SUBSTANTIALLY DIMINISH AND IMPAIR PROPERTY VALUES WITHIN OR NEAR THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED: Please see attached petition. Please see attached petition. +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PLANNED UNIT DEVELOPMENT United City of Yorkville 651 Prairie Pointe Drive Yor kville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 We bsite: www.yorkville.il.us SPECIAL USE STANDARDS PLEASE STATE HOW THE ESTABLISHMENT OF THE SPECIAL USE WILL NOT IMPEDE THE NORMAL AND ORDELY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING PROPERTY FOR USES PERMITTED IN THE DISTRICT: PLEASE STATE HOW ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE, OR OTHER NECESSARY FACILITIES HAVE BEEN OR SHALL BE PROVIDED: PLEASE STATE HOW ADEQUATE MEASURES SHALL BE TAKEN TO PROVIDE INGRESS OR EGRESS SO DESIGNED AS TO MINIMIZE TRAFFIC CONGESTION IN THE PUBLIC STREETS: PLEASE STATE HOW THE PROPOSED SPECIAL USE IS NOT CONTRARY TO THE OBJECTIVES OF THE CITY’S ADOPTED COMPREHENSIVE PLAN: Please see attached petition. Please see attached petition. Please see attached petition. Please see attached petition. +5/87214Ā,4903560Ā.+(Ā!+#)')+)Ȁ) +'Ȁ#+$'Ȁ))*)Ȁ%&$&- "#*,"' APPLICATION FOR PUD PRELIMINARY PLAN United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL:FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: TYPE OF REQUEST: PRELIMINARY PLAN AMENDED PREMILINARY PLAN TOTAL LOT ACREAGE:CURRENT ZONING CLASSIFICATION: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. (847) 738-5005 APPLICATION FOR PUD PRELIMINARY PLAN United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us ATTORNEY INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ENGINEER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: LAND PLANNER/SURVEYOR INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. PETITIONER SIGNATURE OWNER SIGNATURE DATE DATE THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE HERE: Section 5 Petition for Special Use and PUD Approval 1 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) ) UNITED CITY OF YORKVILLE ) PETITION FOR SPECIAL USE AND PLANNED UNIT DEVELOPMENT APPROVAL THE UNDERSIGNED Petitioner, Pioneer Development LLC, an Illinois limited liability company (hereinafter the “Petitioner”), respectfully petitions the United City of Yorkville (the “City”) to grant a Special Use for Planned Unit Development with development allowances as detailed on the plans submitted herewith for the Subject Property (as defined and more fully set forth below). BACKGROUND INFORMATION 1. The owners of the Subject Property are Dale L. Konicek LLC, The Konicek Family Limited Partnership, Galena & 47TH LLC, MPLIV10 LLC, and Sameer and Sanjay Gupta (collectively, the “Owners”) as to each parcel as shown on Exhibit A attached hereto and incorporated herein; 2. The Petitioner is Pioneer Development, LLC, an Illinois limited liability company located at 30 N. Gould Street #38989, Sheridan, WY 82801; 3. The Petitioner is the contract purchaser of the Subject Property; 4. The Subject Property consists of approximately 1,037 acres located between Route 47, Galena Road, Ashe Road, and Baseline Road in the City, as legally described on Exhibit A attached and incorporated herein (the “Subject Property”) and illustrated on the Concept Site Plan attached as Exhibit B (hereinafter the “Preliminary Plan”); 5. Certain portions of the Subject Property, as shown on Exhibit C attached hereto, have not been annexed to the City, and is the subject property of that certain Application for Annexation submitted to the City by Petitioner on even date herewith; 6. The portion of Subject Property for which Petitioner has applied to be annexed to the City is currently zoned as agricultural; 2 7. A portion of the Subject Property was originally annexed to the City pursuant to Ordinance No. 2005-78 as part of the Westhaven mixed-use residential and commercial planned unit development which was never constructed; 8. A portion of the Subject Property was originally annexed to the City pursuant to Ordinance No. 2004-40 as the Bailey Meadows residential development which was never constructed; 9. The Subject Property within the City is currently zoned as a mixed use residential and commercial planned unit development; 10. The Subject Property is the subject property of that certain Application for Rezoning submitted to the City by Petitioner on even date herewith, whereby Petitioner requests the rezoning of the Subject Property to M-2 General Manufacturing District under the City of Yorkville Unified Development Ordinance (the “Code”); 11. Petitioner proposes to develop the Property as a secure data center campus with two onsite electrical substations and one utility switchyard (the “Data Center Campus”), as generally depicted on the Preliminary Plan; 12. The Data Center Campus will be constructed in phases, over an estimated ten (10) year period; 13. The planned unit development will establish standards governing the phased development of the Data Center Campus; 14. As a Data Center Campus, the Subject Property will accommodate up to fourteen (14) stand-alone facilities consisting of networked computers, storage systems, and computing infrastructure used to assemble, process, store, and distribute data; and two (2) onsite electrical substations and one (1) utility switchyard will supply electricity to these facilities; and 15. Petitioner has submitted appropriate supporting details for approval of the Special Use for Planned Unit Development as set forth herein. 3 PROJECT SUMMARY Petitioner is a hyperscale data center developer specializing in advanced digital infrastructure solutions. The proposed Yorkville data center campus is designed to operate with minimal impact on public resources while supporting mission-critical operations. Its electricity consumption is projected to generate significant tax revenue at local and state levels, reinforce the region’s digital infrastructure, and meet the growing hyperscale technology demands of its tenants. The Data Center Campus will be a state-of-the-art facility serving the Chicagoland market’s increasing need for high-performance computing. As shown on the Preliminary Plan, spanning approximately 1,037 acres, the Data Center Campus will include up to fourteen (14) data center buildings, two (2) electrical substations, and one (1) utility switchyard, with improvements potentially spread across fourteen (14) phases. Petitioner will install core utilities and site infrastructure, including the utility switchyard, two (2) substations, seven (7) stormwater management basins, three (3) main access roads with security checkpoints, on-site parking, and perimeter fencing. Each building is expected to become operational within fifteen (15) to twenty-four (24) months of groundbreaking, with the full buildout anticipated in approximately a decade, subject to market conditions. The campus will feature eight (8) secure access points, three (3) of which will be access points to the data respective portions of the data center campus. Two (2) access points are dedicated to ComEd’s electrical switchyard and three to emergency services, these access points will experience minimal traffic and are restricted to authorized ComEd personnel and emergency responders. The switchyard access point lies along the southwest edge of the campus on Galena Road. Primary vehicular ingress and egress to the Data Center Campus buildings will occur through one access point on Ashe Road and two on Route 47. Guard stations and a series of automated gates at each driveway will uphold stringent security protocols. All vehicles will proceed through an electrically actuated fence system, where credentials and identification must be verified before entry. Unauthorized vehicles will be routed to exit via either Ashe Road or Route 47 respectively. Internal pavement design ensures security 4 checks do not impede public traffic. An approximately ten-foot security fence is proposed to encircle the entire campus, including both substations and the switchyard, as shown in the Preliminary Plan. Each building will feature architectural treatments that incorporate elements reminiscent of modern warehouse design that are as aesthetically pleasing as practically possible. Facades will include advanced glazing, refined articulation, precast concrete walls, and metal elements. The first facility is slated for operation in 2029, contingent on power availability, with additional buildings coming online on a ramp schedule as power availability increases and construction schedules allow. Building height is defined at fifty-five feet (55’) to the flat roof, with rooftop equipment bringing total height to a maximum of seventy- eight (78’) feet. Actual building specifications may vary in response to evolving technology or specific tenant requirements. STANDARDS FOR SPECIAL USE APPROVAL FOR A PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-5(D) 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The proposed Data Center Campus will enhance the public health, safety, morals, comfort, and general welfare of the City. Although portions of the Subject Property were originally annexed to the City in 2004 and 2005, respectively, the Subject Property within the City limits has remained farmland, without a productive use consistent with the underlying mixed-use residential and commercial planned unit development zoning for nearly twenty (20) years. The Data Center Campus is a permitted use in the proposed M-2 General Manufacturing District. The development of the Subject Property as the Data Center Campus will drive substantial investment in the City that will generate new construction jobs, create long- term employment opportunities, and produce significant tax and other revenues. Establishing the Data Center Campus will position the City as a competitive regional leader for future tenants and strengthen its status as an emerging employment center in the data technology sector. 5 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. The Subject Property lies entirely within the boundaries of Baseline Road to the North, Ashe Road to the West, Route 47 to the East and Galena Rd to the South. The parcel to the North is separated from the Subject Property by Baseline Road and consists of farmland in Kane County. The parcel to the West, separated from the Subject Property by Ashe Road, consists of residential homes with large setbacks from Ashe Road and more farmland. To the East, across Route 47, lies a multi-family development. Parcels across Galena Road to the South of the Subject Property consist of unincorporated Kendall County farmland and a parcel that is the subject of a proposed data center development, permitted in that manufacturing zoned district. Data centers represent significant capital projects and are often drawn to locations with existing utility infrastructure. However, these locations still typically require substantial installations of utility upgrades to meet data center needs, especially demand for electrical capacity. Such developments, typically funded by institutional investors, yield elevated values within a sub-market and strengthen revenue streams for local governmental entities reliant on property taxes. Accordingly, Petitioner’s proposed investment in the Data Center Campus, along with planned electrical substation upgrades, will appreciably increase, rather than impair or diminish, the value of adjacent properties. 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. Pending approval of the Application for Rezoning for the Subject Property to M-2 General Manufacturing District submitted to the City by Petitioner, the City recognizes a data center as an appropriate use for the Subject Property. Petitioner’s application for a special use is not driven by the proposed data center use alone, but by the Petitioner’s proposal for a planned unit development that provides comprehensive standards for multiple data centers in a campus-like configuration developed in phases. By committing to significant infrastructure in the initial phase, the Petitioner seeks assurance that subsequent 6 phases remain governed by these planned unit development standards rather than being subject to future legislative changes. This planned unit development framework will not hinder the normal and orderly development of surrounding properties. Instead, it offers clear, consistent guidelines that may provide neighboring property owners with direction for improvement of their properties. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. The Subject Property is well-positioned with regards to access and utilities. Based on significant data center development experience of Petitioner, its engineers and consultants, the ingress and egress to the Data Center Campus proposed by Petitioner herein will adequately serve the intended use. Within the Data Center Campus, the Petitioner has designed a network of drive aisles essential to the campus’s security and operations. All internal aisles will be privately owned, operated, and maintained, thereby minimizing the burden on public facilities and eliminating the City’s responsibility for internal road upkeep. However, Petitioner will grant the City all necessary easements for perpetual private access and utilities, including water line easements as indicated on the Preliminary Plan. Stormwater management basins will be developed in compliance with applicable regulation. Stormwater basins will be enhanced with native vegetation to create open space, establish new habitats, minimize erosion, and promote infiltration, yielding tangible ecological benefits. In coordination with City staff, the Petitioner will determine the most optimal way to enhance the municipal sanitary and water services adjacent to the Subject Property before connecting, representing a potentially substantial investment up-front. By enhancing public infrastructure, Petitioner will position surrounding properties for further investment. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Petitioner has engaged engineers and consultants with extensive experience in data center facility design and has developed an efficient, secure ingress and egress plan for the Data Center Campus. Substantial setbacks from Route 47 and Ashe Road are incorporated to prevent traffic queues from 7 extending onto public roadways. Within the Data Center Campus, the drive aisles and gating systems are scaled and spaced to accommodate both arriving vehicles and those denied entry. On Route 47, the two (2) access points are aligned to avoid disrupting the ingress and egress of the Bristol Bay multifamily development to the East. On Ashe Road, the proposed access will not impede traffic flow or other entry to driveways. The Petitioner has retained a traffic engineer to conduct a traffic study to verify roadway capacity, and this study will be provided to the City upon completion. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. According to the Comprehensive Plan adopted by the City in 2016, to guide future industrial development, the City aims to: 1) remove barriers to investment and encourage development through incentives and regulatory relief, 2) focus industrial attraction efforts on near-term industrial, 3) redevelop industrial zones to accommodate diverse facility sizes modern office park settings, 4) Promote best practices in building design, stormwater management, landscaping, and placemaking, and 5) ensure future industrial developments are located near adequate transportation and infrastructure networks. Granting the Special Use for Planned Unit Development to allow the proposed Data Center Campus on the Subject Property aligns with these objectives by removing regulatory barriers and fostering industrial growth. It also provides a framework to promote best practices in building design, stormwater management and landscape buffering. Accordingly, the proposed Special Use is not contrary to the objectives of the City’s Comprehensive Plan and furthers its objectives in the near term. REVIEW STANDARDS FOR APPROVAL OF PLANNED UNIT DEVELOPMENT PURSUANT TO UDO SECTION 10-8-8(E) 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. As stated above, the proposed Planned Unit Development aligns with the City’s Comprehensive Plan objectives for industrial development. Approval of a Planned Unit Development ensures coordinated, large-scale planning for this industrial site and creates a structured framework for the phased investment required by a project of this size. 8 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. The Preliminary Plan provides an integrated design featuring three (3) core land uses functioning as a unified whole. A new utility switchyard and two (2) new electric substations will supply power to the fourteen (14) phased data center buildings forming a centralized utility component. The data center buildings, along with parking and access drives, serve as focal points of activity. Perimeter access drives and stormwater ponds define the campus edges, ensuring appropriate drainage for impervious surfaces in compliance with the Code, and creating a cohesive grouping of buildings, infrastructure, and amenities. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. The proposed Planned Unit Development for the Data Center Campus is generally compatible with and consistent with the uses of adjacent parcels. As mentioned above, the parcel to the North is separated from the Subject Property by Baseline Road and consists of farmland in Kane County. The parcel to the West, separated from the Subject Property by Ashe Road, consists of residential homes with large setbacks from Ashe Road and more farmland. To the East, across Route 47, lies a multi-family development. Parcels across Galena Road to the South of the Subject Property consist of unincorporated Kendall County farmland and a parcel that is the subject of a proposed data center development, permitted in that manufacturing zoned district. The planned improvements are concentrated in the core of the Subject Property, with setbacks exceeding zoning requirements. Around the perimeter of the Data Center Campus, stormwater detention basins serve as open space, further protecting the current and future uses on adjacent parcels. 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 9 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. As discussed above, the proposed Planned Unit Development for the Data Center Campus is generally compatible with and consistent with the uses of adjacent parcels. The parcel to the North is separated from the Subject Property by Baseline Road and consists of farmland in Kane County. The parcel to the West, separated from the Subject Property by Ashe Road, consists of residential homes with large setbacks from Ashe Road and more farmland. To the East, across Route 47, lies a multi-family development. Parcels across Galena Road to the South of the Subject Property consist of unincorporated Kendall County farmland and a parcel that is the subject of a proposed data center development, permitted in that manufacturing zoned district. Overall, the building setbacks will exceed City Code requirements, and perimeter landscaping and stormwater improvements will create a natural buffer, preserving the suitability of current and future neighboring uses. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. The proposed Data Center Campus Planned Unit Development is designed to ensure sufficient utilities, road access, stormwater management, and other vital facilities. The Preliminary Plan shows a system of stormwater management basins to handle runoff from new impervious surfaces. Roadway access has been addressed in detail. Although public utilities do not currently reach the Subject Property, Petitioner and City staff are coordinating on a plan for extending and interconnecting these utilities. A substantial investment in utilities and other infrastructure will provide opportunity for nearby development. New electrical substations will also be constructed as a key component of the project. Overall, the Data Center Campus Planned Unit Development will not impose a substantial burden on public facilities; rather, it will enhance them in a way that likely spurs further investment on neighboring properties. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. 10 The proposed Data Center Campus Planned Unit Development does not substantially impact any archaeological, historical, or cultural resources listed on local, state, or federal registers, whether on or off the Subject Property. The Petitioner is conducting the relevant assessments to evaluate wetlands, waters, threatened/endangered species, and historical resources, and will coordinate any required approvals with the City before constructing improvements. REQUIRED DEVIATIONS FROM UNIFORM DEVELOPMENT ORDINANCE 1. Table 10-3-9(A) Bulk and Dimensional Standards. The Code requires the following setbacks: Front: twenty-five feet (25’); Side: twenty feet (20’); and Rear: none (0’). Petitioner requests a deviation that setbacks shall be limited to the outer boundary of the Subject Property. For the purpose of setbacks, Route 47 will serve as the “Front”, Ashe Road will be the “Rear”, and the north and south edges of the Subject Property will be “Sides”. This request includes a waiver of any setback requirements between buildings or setbacks from internal lot lines of any future subdivision. 2. Chapter 10-4-10 Energy Industrial Uses. Under the Code, data centers fall under the “Energy Industrial Use” category, for which there are currently no specific use standards in Chapter 4. Consequently, the proposed Data Center Campus is not subject to any such standards, and any new standards adopted after approval of the Special Use for Planned Unit Development will not apply to the Subject Property. 3. 10-5-1(F) Cross Access. Due to the unique security requirements of the Data Center Campus, any cross-access requirements between adjacent developments, as outlined by the Code, shall be waived for the Subject Property. 4. Table 10-5-1(H)(5) Minimum Parking Requirement. In accordance with the Code, the minimum parking requirement is 0.3 spaces per 1,000 square feet for industrial uses greater than 8,000 square feet. Petitioner requests a variance to reduce that requirement to 0.2 parking spaces per 1,000 square feet. The average size of a building in the proposed Data Center Campus is 1,878,142 square feet, requiring 505 parking spaces per building. Petitioner calculates the actual parking demand will be approximately 375 parking spaces per building, under the requested .2 parking spaces per 1,000 square feet. Further, parking within the Data Center Campus will be shared among its constituent buildings and lots, rather than calculated on an individual building or lot basis. However, if exclusive occupant parking spaces are designed for a particular lot or building, those spaces will not be counted toward the overall minimum for the remainder of the campus. 5. 10-5-1 (N) Pedestrian Circulation. The Code requires pedestrian walkways between buildings. Where appropriate, the Petitioner will install walkways between parking areas and building entrances, complying with ADA standards. However, there will be no pedestrian connections between buildings or open spaces. Accordingly, 11 the Petitioner requests a waiver of pedestrian circulation requirements, except those necessary to connect each building to its parking area within the Data Center Campus. 6. 10-5-1(O) Bicycle Parking. Under the Code, bicycle parking is required. However, given the surrounding roadways and the Subject Property’s intended use, bicycle access is not feasible. Accordingly, the Petitioner requests a waiver of the bicycle parking requirements. 7. 10-5-1(Q) Required Off-Street Loading Spaces. In accordance with the Code, the Zoning Administrator determines the required number of off- street loading spaces. Petitioner requests a minimum of one off-street loading space per Data Center Campus building on the Subject Property. 8. 10-5-3 Landscape. The Code imposes extensive landscaping requirements in and around parking lots and building areas to enhance community character. Due to the secure nature of the campus and the potential conflicts between landscaping and the mechanical systems unique to a Data Center Campus, the Petitioner seeks to reduce internal landscaped areas. In place of the City’s standard requirements set forth in the Code, the Petitioner proposes to adopt the landscaping standards outlined in the Subject Property’s landscape plan. 9. 10-5-4(B) & (C) Screening of Mechanical Units. The Code mandates screening for both ground-mounted and rooftop-mounted mechanical units. However, due to the nature of the Data Center Campus and its associated mechanical infrastructure, Petitioner proposes an alternative standard. Ground-mounted generator units will be enclosed by vinyl fencing matching the generator’s height (excluding any protruding stacks), while rooftop- mounted mechanical units within penthouses will not be required to have additional screening. 10. 10-5-5 Fences. The Code requires that fencing not extend beyond the front plane of the primary building façade. The Petitioner seeks approval for the fencing specifications and placement as shown on the Preliminary Plan. 11. 10-5-8(4) Appearance Standards, Industrial Uses. Under the Code, industrial buildings longer than 100 feet must include recesses along at least 30% of any facade facing a public street. However, given the significant setbacks in the Data Center Campus layout and the emphasis on open space along its perimeter, Petitioner requests that these architectural standards be waived provided that buildings are constructed with masonry or precast materials. 12. 10-7-2 Lots. Pursuant to the Code, each lot must abut a public street, and the Planning and Zoning Commission along with the City Council retain final authority over lot size, shape, and orientation. However, given the unique, secure nature of the Data Center Campus, Petitioner request that the City waive the public street access requirement and agree to approve any future subdivision of the Subject Property that the Petitioner determines reasonably necessary and appropriate for its use, operation, maintenance, or disposition. 13. 10-7-3 Street Design and Improvements & 10-7-4 Circulation and Connectivity. The Code establishes standards for street development and circulation within a proposed project. However, because this proposal does not include new streets or internal driveways, Petitioner requests exemption from those requirements. 12 WHEREFORE, by reason of the foregoing, the undersigned Petitioner requests the City’s Plan Council, Economic Development Committee, Planning and Zoning Commission and City Council take the necessary and appropriate action to grant a Special Use for Planned Unit Development with development allowances as detailed on the plans submitted herewith for the Subject Property and pursuant to the appropriate provisions of the Code. RESPECTFULLY SUBMITTED this 14th day of March, 2025. PETITIONER: PIONEER DEVELOPMENT, LLC an Illinois limited liability company Mahoney, Silverman & Cross, LLC Attorney for the Petitioner 13 EXHIBIT A PINS BY OWNER Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE PIN: 02-04-300-032 CITY OF YORKVILLE PIN: 02-04-300-024 CITY OF YORKVILLE PIN: 02-05-400-021 CITY OF YORKVILLE PIN: 02-09-100-031 CITY OF YORKVILLE PIN: 02-09-100-030 CITY OF YORKVILLE Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE PIN: 02-05-200-007 UNINCORPORATED The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE PIN: 02-05-400-022 CITY OF YORKVILLE PIN: 02-05-200-006 CITY OF YORKVILLE PIN: 02-04-100-016 CITY OF YORKVILLE PIN: 02-06-400-008 UNINCORPORATED PIN: 02-06-200-003 UNINCORPORATED PIN: 02-05-100-003 UNINCORPORATED PIN: 02-05-100-005 UNINCORPORATED PIN: 02-05-400-009 CITY OF YORKVILLE PIN: 02-04-300-018 CITY OF YORKVILLE PIN: 02-04-300-017 CITY OF YORKVILLE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY {Please see attached Section 13 – Legal Descriptions.} 14 EXHIBIT B PRELIMINARY PLAN {Please see attached Section 6 – Conceptual Site Plan.} Section 6 Conceptual Site Plan 150 PARKING SPACESSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINSTORMWATER MANAGEMENT BASINBUILDING 32 STORY DATA CENTERUTILITY SWITCHYARDCUSTOMER SUBSTATIONCUSTOMER SUBSTATION%$6(/,1(52$'5287(*$/(1$52$'$6+(5 2 $ 'SECURITY FENCESECURITY FENCESECURITY FENCEPOTENTIAL WATER UTILITY EXPANSION AREA25 FT SETBACK20 FT SETBACK20 FT SETBACK52%52<&5((.UTILITY CORRIDORFUTURE UTILITY CORRIDOR300 PARKING SPACESBUILDING 12 STORY DATA CENTER300 PARKING SPACES150 PARKING SPACESBUILDING 42 STORY DATA CENTER300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES300 PARKING SPACES150 PARKING SPACES300 PARKING SPACES300 PARKING SPACESBUILDING 122 STORY DATA CENTERBUILDING 22 STORY DATA CENTERBUILDING 52 STORY DATA CENTERBUILDING 62 STORY DATA CENTERBUILDING 72 STORY DATA CENTERBUILDING 82 STORY DATA CENTERBUILDING 92 STORY DATA CENTERBUILDING 102 STORY DATA CENTERBUILDING 112 STORY DATA CENTERBUILDING 132 STORY DATA CENTERBUILDING 142 STORY DATA CENTERRESIDENCE DISTRICTRESIDENCE DISTRICTSTORMWATER MANAGEMENT BASINDRAINAGE CHANNELDRAINAGE CHANNELDRAINAGE CHANNELTYPE D TRANSITION ZONE - SEE LANDSCAPE DRAWINGS FOR DETAILS 1387' - 8 1/4"1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE1,500-FT ROOFTOP EQUIPMENT RESTRICTION ZONE1243567891011131412PHASE 1PHASE 3PHASE 2P R O J E C T C A R D I N A LP R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E P L A NA-10 6 / 2 0 / 2 5PLANMAXIMUM F.A.R.N/AN/AMAXIMUM LOT COVERAGE85% (38,395,962 SF)41% (18,552,808 SF)MINIMUM LOT SIZEN/AN/ACOVERAGEACCESSIBLE PARKING SPACES 11492PARKING SPACES5,1943,750REQUIREDPROVIDEDDATA CENTER PARKING RATIO 0.3 SPACES PER 1,000 SFPARKING*SETBACKS APPLY ONLY TO THE PERIMETER OF THE PROPERTY. IN THE EVENT THAT THEPROPERTY IS RESUBDIVIDED, THERE SHALL BE NO SETBACKS APPLICABLE TO INTERNAL LOT LINES.REAR0 FT0 FTSIDEMIN. 10% OF LOT DEPTH,MAX. 20FT20 FTFRONT25 FT25 FTSETBACKSBUILDING HEIGHT55 FT 55 FTREQUIREDPROVIDEDTOTAL SITE AREA45,171,720 SF (1,037 ACRES)TARGET ZONE CLASSM-2 GENERAL MANUFACTURINGSITE DATATOTAL 8,656,501 SF 17,313,002 SF N/AN/AP2 BUILDING 14 680,591 SF 1,361,182 SF 55 FT78 FTP2 BUILDING 13 680,591 SF 1,361,182 SF 55 FT78 FTP2 BUILDING 12 390,000 SF 780,000 SF 55 FT78 FTP2 BUILDING 11 680,591 SF 1,361,182 SF 55 FT78 FTP2 BUILDING 10 680,591 SF 1,361,182 SF 55 FT78 FTP2 BUILDING 9 680,591 SF 1,361,182 SF 55 FT78 FTP2 BUILDING 8 680,591 SF 1,361,182 SF 55 FT78 FTP3 BUILDING 7 680,591 SF 1,361,182 SF 55 FT78 FTP3 BUILDING 6 680,591 SF 1,361,182 SF 55 FT78 FTP3 BUILDING 5 680,591 SF 1,361,182 SF 55 FT78 FTP1 BUILDING 4 390,000 SF 780,000 SF 55 FT78 FTP1 BUILDING 3 390,000 SF 780,000 SF 55 FT78 FTP1 BUILDING 2 680,591 SF 1,361,182 SF 55 FT78 FTP1 BUILDING 1 680,600 SF 1,361,182 SF 55 FT78 FTPHASEBUILDINGNUMBERFOOTPRINTAREATOTAL FLOORAREAHEIGHT (TOPOF BUILDING)HEIGHT (TOPOF EQUIPMENT)BUILDING AREAS0'150'300'600' Section 7 Building Elevations SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL SCUPPER AND LEADERMETAL SCUPPER AND LEADER INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZING PARAPETPARAPET METAL METAL CANOPYCANOPY T.O. SCREENT.O. SCREEN ROOFTOP ROOFTOP MECHANICAL MECHANICAL EQUIPMENT EQUIPMENT SCREEN WALLSCREEN WALL ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N A-2 0 6 / 2 0 / 2 5E X T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED METAL PANELINSULATED METAL PANEL GLAZINGGLAZING PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL CANOPYMETAL CANOPY T.O. SCREENT.O. SCREEN ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NE A S T E L E V A T I O N A-3 0 6 / 2 0 / 2 5E X T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL GLAZINGGLAZINGPRECAST PRECAST CONCRETECONCRETE PRECAST PRECAST CONCRETE CONCRETE EQUIPMENT EQUIPMENT SCREEN WALLSCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL METAL SCUPPER METAL SCUPPER AND LEADERAND LEADER T.O. SCREENT.O. SCREEN ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NN O R T H E L E V A T I O N A-4 0 6 / 2 0 / 2 5I N T E R N A L F A C I N G SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0"PRECAST CONCRETEPRECAST CONCRETE PRECAST CONCRETE PRECAST CONCRETE EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ROOFTOP MECHANICAL ROOFTOP MECHANICAL EQUIPMENT SCREEN WALLEQUIPMENT SCREEN WALL ELEVATION LEGEND PRECAST CONCRETE PANEL OR SIMILAR - LIGHT GREYINSULATED METAL PANEL OR SIMILAR - MEDIUM GREYGLAZINGPRECAST CONCRETE EQUIPMENT SCREEN WALL P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NW E S T E L E V A T I O N A-5 0 6 / 2 0 / 2 5I N T E R N A L F A C I N G P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS O U T H E L E V A T I O N S A-6 0 6 / 2 0 / 2 5 SECOND FLOORSECOND FLOOR T.O. ROOFT.O. ROOF 55' - 0"55' - 0" INSULATED INSULATED METAL PANELMETAL PANEL STOREFRONT STOREFRONT GLAZINGGLAZING METAL CANOPYMETAL CANOPY PRECAST PRECAST CONCRETECONCRETE P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NF R O N T O F H O U S E A-7 0 6 / 2 0 / 2 5 ASHE ROADASHE ROADPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEROUTE 47ROUTE 47BUILDING 3BUILDING 3 BUILDING 8BUILDING 8 BUILDING 9BUILDING 9 BUILDING 10BUILDING 10 BUILDING 13BUILDING 13 BUILDING 14BUILDING 14 SITE ENTRANCE SITE ENTRANCE FROM GALENA ROADFROM GALENA ROAD SITE ENTRANCE SITE ENTRANCE FROM GALENA ROADFROM GALENA ROADBUILDING 1BUILDING 1 BUILDING 2BUILDING 2 BUILDING 3BUILDING 3 BUILDING 4BUILDING 4 CUSTOMER SUBSTATION BUILDING 5BUILDING 5 BUILDING 6BUILDING 6 BUILDING 7BUILDING 7 BUILDING 8BUILDING 8 BUILDING 9BUILDING 9 BUILDING 10BUILDING 10 BUILDING 11BUILDING 11 BUILDING 14BUILDING 14 BUILDING 12BUILDING 12 BUILDING 13BUILDING 13 SITE SITE ENTRANCEENTRANCE SITE SITE ENTRANCEENTRANCE GALENA ROADGALENA ROAD ROUTE 47ROUTE 47CUSTOMER SUBSTATION UTILITY SWITCHYARD SITE SITE ENTRANCEENTRANCE SITE SITE ENTRANCEENTRANCE ASHE R O A D ASHE R O A D BASELINE ROADBASELINE ROAD P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E E L E V A T I O N A-8 0 6 / 2 0 / 2 5SCALE: 1" = 300'-0"1SOUTH SITE ELEVATION - FROM GALENA ROAD GALENA ROADGALENA ROADPROPERTY LINEPROPERTY LINEBUILDING 14BUILDING 14 BASELINE ROADBASELINE ROADPROPERTY LINEPROPERTY LINEBUILDING 12BUILDING 12 BUILDING 7BUILDING 7 BUILDING 1BUILDING 1BUILDING 4BUILDING 4BUILDING 5BUILDING 5BUILDING 6BUILDING 6BUILDING 7BUILDING 7ROUTE 47ROUTE 47PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEASHE ROADASHE ROAD SITE ENTRANCE FROM SITE ENTRANCE FROM BASELINE ROADBASELINE ROAD SITE ENTRANCE FROM SITE ENTRANCE FROM BASELINE ROADBASELINE ROADGALENA ROADGALENA ROADPROPERTY LINEPROPERTY LINEBASELINE ROADBASELINE ROADPROPERTY LINEPROPERTY LINEBUILDING 3BUILDING 3BUILDING 2BUILDING 2BUILDING 1BUILDING 1 SCALE: 1" = 300'-0"1NORTH SITE ELEVATION - FROM BASELINE ROAD SCALE: 1" = 300'-0"2WEST SITE ELEVATION - FROM ASHE ROAD P R O J E C T C A R D I N A L P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O NS I T E E L E V A T l O N A-9 0 6 / 2 0 / 2 5SCALE: 1" = 300'-0"3EAST SITE ELEVATION - FROM ROUTE 47