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Resolution 2025-106
Resolution No. 2025-106 A RESOLUTION AUTHORIZING THE CALL OF THE SUBDIVISION BONDS ON BRISTOL BAY SUBDIVISION UNITS 10, 12 AND 13 WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non home rule municipality pursuant to the Illinois Constitution of 1970 and the laws of this State; and WHEREAS, Moda Homes LLC, an Illinois limited liability company ("Moda"), is the owner and/or developer of Bristol Bay Subdivision Units 10, 12 and 13 (collectively, the "Subdivisions"), in the United City of Yorkville, Kendall County, Illinois; and WHEREAS, Moda provided a guarantee and surety to the City for the completion and maintenance of certain public improvements (the "Subdivision Bonds"), as hereinafter itemized, as was required to receive a permit to proceed; and WHEREAS, Moda has failed to install, construct and complete said public improvements despite repeated demands made to them to do so, and has demonstrated that it is unable to complete the public improvements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. That all the recitals set forth above are incorporated herein as if fully restated in this Section 1. Section 2. That Moda is hereby declared in material default due to its failure to install, construct and complete the public improvements required for Bristol Bay Subdivision Units 10, 12 and 13 as itemized in Exhibit A attached hereto and made a part hereof (the "Public Improvements"). Resolution No. 2025-106 Page 1 Section 3. As the result of Moda's failure to complete the Public Improvements, the City hereby directs the following Subdivision Bonds be called within thirty (30) days from the date of this Resolution, subject to the conditions set forth in Section 4 below: (a) SUBDIVISION BOND Number 6213017205 issued by United States Fire Insurance Company in the amount of $1,088,470.24 guaranteeing completion of said improvements is hereby authorized (Bristol Bay Unit 13). (b) SUBDIVISION BOND Number 6213020373 issued by United States Fire Insurance Company in the amount of $217,451,80 guaranteeing completion of said improvements is hereby authorized (Bristol Bay Unit 12). (c) SUBDIVISION BOND Number 6213020364 issued by United States Fire Insurance Company in the amount of $486,992.50 guaranteeing completion of said improvements is hereby authorized (Bristol Bay Unit 10) Section 4. The foregoing direction to call the Subdivision Bonds shall be repealed in the event Moda provides a schedule to complete the Public Improvements on Bristol Say Units 10, 12 and 13, as itemized on Exhibit A, within 30 days of the date of this Resolution. Section. 5. In the event a schedule is not produced within 30 days of the date of this Resolution, or in the event Moda does not diligently pursue the construction and completion of the Public Improvements as per the schedule provided by Moda, the City shall proceed to immediately call the Subdivision Bond as listed in Section 3 of this Resolution. Section 6. A certified copy of this Resolution shall be sent to United States Fire Insurance Company in the event the City's call of the Subdivision Bonds is not repealed pursuant to this Resolution. Resolution No. 2025-106 Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 23' day of September, A.D. 2025. I CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN .IOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, ndall County, Illinois this Aay of S { rh , A.D. 2025. Attest: %Y CLERK MAYOR Resolution No. 2025-106 Page 3 0 0 Ottosen MOO 18111M Hasenbalg & Castaldo, Ltd. 2441 Warrenville Road, Suite 310, Lisle, IL 60532 Phone 630.682.0085 • Fax 630.682.0788 • www.ottosenlaw.com Megan Lamb Attorney via USPS First Class Mail and Email August 22, 2025 Mr. Troy Mertz President, Moda Homes 1834 Walden Square, Unit 300 Schaumburg, IL 60173 Re: Bristol Bay Unit 10 Public Infrastructure Improvements Dear Mr. Mertz, Direct 331.212.8709 m lambno ttosen law.co m I serve as City Attorney for the United City of Yorkville. It is my understanding that on Monday, July 21, 2025, the City's Engineering firm, Engineering Enterprises, Inc. ("EEI"), sent your firm a letter pursuant to Section 10-8-7 of the City's Unified Development Ordinance (the "UDO"), requesting a status report on the ongoing public improvements at Bristol Bay Unit 10 subdivision, and an updated public improvement completion schedule. EEI requested a response from your firm by July 30, 2025. A copy of EEI's letter is attached hereto for your reference. As of the date of this letter, neither the City nor EEI have received a response to EEI's inquiry. Pursuant to the requirements of the City's UDO, your firm is required to respond in full to EEI's letter. Public improvements related to subdivision development projects within the City's boundaries must be completed in a timely manner and must be completed properly and safely. Failure to comply with the UDO and provide the City and EEI with detailed information on your plans to complete the required public improvements at Bristol Bay Unit 10 will result in our determination that you are unable to complete the required public improvements, therefore resulting in an event of default pursuant to the terms of Subdivision Bond No. 6213020364 (the "Bond"). The City would then have the right to tali the Bond for the purpose of completing the required public infrastructure improvements at Bristol Bay Unit 10. Please do not hesitate to contact me should you have any questions. Sincerely, Ottosen, DiNolfo, Hasenbalg & Castaldo, Ltd. Isl Megan A. Lamb Megan A. Lamb cc: Bart Olson, City Administrator, United City of Yorkville Krysti Barksdale -Noble, Community Development Director, United City of Yorkville Peter Ratos, Building Code Official, United City of Yorkville Brad Sanderson, President, Engineering Enterprises Inc. Emilio Barbieri, Moda Homes encl. ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com July 17, 2025 Ms. Krysti Barksdale -Noble Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Re: Bristol Bay— Unit 10 Punch List United City of Yorkville Dear Krysti: This letter is in regard to the status of the improvements. Per the City's Unified Development Ordinance, at Section 10-8-7, subdivision projects nearing three (3) years into construction are required to submit an updated public improvement completion schedule. Representatives from EEI recently performed an on -site punch list inspection of the improvements and a summary is listed below. Construction on Unit 10 was started in October 2022 and has not yet been completed. Therefore, we request that the developer submit the following in writing, no later than 5:00 p.m. on July 30, 2025: A status report on public improvements at the Unit 10 subdivision. An updated public improvement completion schedule. General 1. Record drawings shall be completed and submitted to EEI for review and approval. Water Main 2. All b-boxes shall be located and raised to grade as required. 3. The auxiliary valve box for FH-111 shall be located and raised to grade. 4, The chain for the hydrant cap on FH-134 shall be repaired or replaced. 5. The lid for the FH-142 auxiliary valve box is missing and shall be replaced. Sanitary Sewer 6. All sanitary sewer main shall be televised and footage submitted to EEI for review and approval. 7. All sanitary structure lids shall be replaced with lids that read "City of Yorkville" and "Sanitary". OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY Ms. Krysti Barksdale -Noble July 17, 2025 Page 2 8. The following structures shall have the frames reset and chimney seals replaced: • SAN 117 • SAN 187 • SAN 189 9. The lid for structure SAN 171 shall be removed for inspection. 10. Structure SAN 163 shall be cleaned of debris. Storm Sewer 11. All storm structures shall be cleaned of mud and debris. 12. Storm sewer pipes shall be televised and footage submitted to EEI for review and approval. 13. Mortar fillets shall be installed in frame corners above adjustment rings in ail road inlets and catch basins. 14. All closed structure lids shall be replaced with lids that read "City of Yorkville" and "Storm". 15. The following structures shall have lifting hooks removed: • STM 412 • STM 416 • STM 414 • STM 460 16. The following structures shall have the frames realigned: • STM408 STM 495A • STM 426 17. The following structures shall have open grates replaced by closed lids per the approved plan: • STM 422 • STM 481 • STM 508 18. The following storm pipe runs are filled with mud and shall be cleaned of debris: • STM 495A to STM 496 • STM 496 to STM 498 Roadway 19. Weeds shall be removed from joints between curbs and roadway and asphalt patched as required. 20. Cracks in the curb and gutter throughout the unit shall be saw -cut and sealed with polysulfide crack filler to prevent further damage. 21. Roadway paving shall be completed with 1-1/2" hot mix asphalt surface course, mixture D, N5a. 22. Hot pour joint -sealer shall be installed at ail pavement -curb joints after completion of the surface course. Ms. Krysti Barksdale -Noble July 17, 2025 Page 3 23. Sidewalks shall be installed in all undeveloped lots and open spaces per the approved engineering plans. 24. Streetlight installation shall be completed throughout the unit per the approved engineering plan. Landscaping 25. Landscaping shall be completed throughout the unit. 26. Grading shall be performed at the rear of lots 1712 through 1716 to reduce the slope of the significant elevation change with the neighboring property to a maximum of 1:4 and retaining walls installed where a 1:4 slope cannot be achieved due to the proximity to storm inlets. Erosion Control 27. All roadways and curbs shall be cleared of mud and debris. 28. Inlet filters and baskets throughout the unit shall be cleared of debris and reinstalled until construction is complete. 29. The site shall be mowed to clear weeds and stabilized per SWPPP requirements. 30. All silt fence shall be repaired until it is removed from the site after construction completion and the establishment of all landscaping. If you have any questions or require additional information, please contact our office. Respectfully Submitted, ENGINEERING ENTERPRISES, INC. 171 Bradley P. Sanderson, P.E. Chief Operating Officer / President PS/emw Enclosures PC: Mr. Bart Olson, City Administrator (via e-mail) Ms. Erin Willrett, Assistant City Administrator (via e-mail) Ms. Krysti Barksdale -Noble, Community Development Director (via e-mail) Mr. Eric Dhuse, Director of Public Works (via e-mail) Mr. Pete Ratos, Building Department (via e-mail) Ms. Jori Behland, City Clerk (via e-mail) Ms. Gina Nelson, Admin Assistant (via e-mail) Ms- Kathy Field -Orr, City Attorney (via e-mail) Ms. Megan Lamb, City Attorney (via e-mail) Mr. Emilio Barbieri, Moda Homes (via e-mail) BPS, TAW, EMW, EEI (Via e-mail) Ms. Krysti Barksdale -Noble July 17, 2025 Page 4 Ms. Krysti Barksdale -Noble July 17, 2025 Page 5 MORTAR FILLETS TO BE ADDED TO FRAME CORNERS OVER ADSUSTMENT RINGS w _ FIRE HYDRANT TO $E RAISED TO GRADE AND MISSING AUX VALVE LID REPLACED ...a ; •.� -.y� s 1. .r�`eok 1\MILKYWAYIEEI—StoragelDocs\Pu6lic\Yorkville\2022\YO2224-DFt Bristol Bay Unit-10\Docs\2025.07.15-1coy—purichlist02.docx JOB NO: Y02224-DR DESIGNED: EMWITAW DATE: July 21, 2025 PROJECT TITLE: Bristol Bay Unit 10 ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT ROADWAY CONSTRUCTION - PRIVATE 1 BITUMINOUS MATERIALS SY 8,933.0 $ 0.50 $ 4,466.50 2 HMA SURFACE COURSE, MIX D, N50, 1.5" TON 760 $ 95A0 $ 72,200.00 3 SAW CUT AND SEAL CRACKS IN CURB AND GUTTER EA 30.0 $ 50.00 $ 1,500.00 4 HOT POUR JOINT SEALER LF 5,155 $ 1.50 $ 7,732.50 5 P C C SIDEWALK INSTALLATION - 5' SF i 0.0 $ 15.00 $ - 6 PCCSIDEVVALK INSTALLATION -4' SF 13,544 $ 15.00 $ 203,160.00 7 BACKFILL CURB LF 5,156.0 $ 1.00 $ 5,155.00 8 PAVEMENT MARKING, 4" YELLOW LF 851 $ 3.00 $ 2,553.00 STORM SEWER CONSTRUCTION - PUBLIC 9 TELEVISE PIPE LF 4.892.0 $ 10.00 $ 48,920.00 10 CLEAN OUT STORM STRUCTURE EA 65 $ 150.00 $ 9,75C.00 11 INSTALL/REINSTALL FILLETS AND MORTAR RINGS EA 22.0 $ 100.00 $ 2,200.00 12 REMOVE AND REPLACE STRUCTURE LID EA 11 $ 600.00 $ 6,600.00 13 REMOVE LIFT HOOKS FROM STRUCTURE EA 4 $ 75.00 $ 300.00 14 REALIGN AND RESET FRAMES AND ADJUSTMENT RINGS EA 3 $ 500.CO $ 1,500.00 15 IPIPES CLEANED OF DEBRIS LS i $ 4,600.00 $ 4,600.00 WATER MAIN CONSTRUCTION - PUBLIC 16 LOCATE BBOX AND RAISE TO GRADE EA 25 $ 150.00 $ 3,750.00 17 LOCATE AUXILLARY VALVE BOX AND RAISE TO GRADE EA 1 $ 500.00 $ 500.00 18 REPLACE FIRE HYDRANT CAP SECURITY CHAIN EA 1 $ 50.00 $ 50.00 19 1 REPLACE AUXILLARY VALVE SOX LID EA 1 $ 100.00 $ 100.00 SANITARY SEWER CONSTRUCTION - PUBLIC 20 TELEVISE PIPE LF 2606 $ 10.00 $ 26,050.00 21 REMOVE AND REPLACE STRUCTURE LID EA 17 $ 600,00 $ 10,200.00 22 REALIGN AND RESET FRAME EA 4 $ 500.00 $ 2,000.00 23 REMOVE AND INSTALL NEW CHIMNEY SEAL EA 4 $ 1,000.00 $ 4,000.00 24 CLEAN OUT SANITARY STRUCTURE EA 1 $ 150.00 $ 150.00 MISC. AND EROSION CONTROL 25 LANDSCAPING COMPLETE LS 1 $ 50,000.00 $ 50,000.00 26 PERIMETER EROSION BARRIER LF 2862 $ 550 $ 15,741.00 27 INLET PROTECTION (ROAD ONLY) EA 20 $ 200.00 $ 4,000.00 28 PREPARE RECORD DRAWINGS LS 1 $ 8,250.00 $ 8,250-CO TOTAL ENGINEER'S OPINION OF PROBABLE CON51 KUL: I IUN UUS 1 $ 4Ub,4su.UU 11mf,kywayleei_storaga\Does\Public\Yorkviile120221YC)2224-DR Bristol Bay Und -MBord Reducttons%2025 02 05 EOPC IN 19 Ottosen DiNolfo [Go Hasenbalg &Castaldo, Ltd. IN 2441 Warrenville Road, Suite 310. Lisle, IL 60532 Phone 630.682.0085 + Fax 630.682.0788 + www.ottoscuiaw.com Megan Lamb Attorney via USPS First Class Mail and Email August 22, 2025 Mr. Troy Mertz President, Moda Homes 1834 Walden Square, Unit 300 Schaumburg, IL 60173 Re: Bristol Bay Unit 12 Public Infrastructure Improvements Dear Mr. Mertz, Direct 331.212.8709 nilarnbfr ottosenlaw.com serve as City Attorney for the United City of Yorkville. It is my understanding that on Monday, July 21, 2025, the City's Engineering firm, Engineering Enterprises, Inc. (°EEI"), sent your firm a letter pursuant to Section 10-8-7 of the City's Unified Development Ordinance (the "UDO"), requesting a status report on the ongoing public improvements at Bristol Bay Unit 12 subdivision, and an updated public improvement completion schedule. EEI requested a response from your firm by July 30, 2025. A copy of EEI's letter is attached hereto for your reference. As of the date of this letter, neither the City nor EEI have received a response to EEI's inquiry. Pursuant to the requirements of the City's UDO, your firm is required to respond in full to EEI's letter. Public improvements related to subdivision development projects within the City's boundaries must be completed in a timely manner and must be completed properly and safely. Failure to comply with the UDO and provide the City and EEI with detailed information on your plans to complete the required public improvements at Bristol Bay Unit 12 will result in our determination that you are unable to complete the required public improvements, therefore resulting in an event of default pursuant to the terms of Subdivision Bond No. 6213020373 (the "Bond"). The City would then have the right to call the Bond for the purpose of completing the required public infrastructure improvements at Bristol Bay Unit 12. Please do not hesitate to contact me should you have any questions. Sincerely, Ottosen, DiNolfo, Hasenbalg & Castaldo, Ltd. Isl Megan A. Lamb Megan A. Lamb cc: Bart Olson, City Administrator, United City of Yorkville Krysti Barksdale-Nobie, Community Development Director, United City of Yorkville Peter Ratos, Building Code Official, United City of Yorkville Brad Sanderson, President, Engineering Enterprises Inc. Emilio Barbieri, Moda Homes encl. ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com July 17, 2025 Ms. Krysti Barksdale -Noble Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Re: Bristol Bay — Unit 12 Punch List United City of Yorkville Dear Krysti: This letter is in regard to the status of the improvements. Per the City's Unified Development Ordinance, at Section 10-8-7, subdivision projects nearing three (3) years into construction are required to submit an updated public improvement completion schedule. Representatives from EEI recently performed an on -site punch list inspection of the improvements and a summary is listed below. Construction on Unit 10 was started in October 2022 and has not yet been completed. Therefore, we request that the developer submit the following in writing, no later than 5:00 p.m. on July 30, 2025: • A status report on public improvements at the Unit 10 subdivision. • An updated public improvement completion schedule. General 1. Record drawings shall be completed and submitted to EEI for review and approval. Water Main 2. All b-boxes shall be located and raised to grade as required. 3. FH 164 and its auxiliary valve shall be raised to grade following surrounding grading. 4. The lid for the FH-164 auxiliary valve box is missing and shall be replaced. Sanitary Sewer 5. All sanitary sewer main shall be televised and footage submitted to EEI for review and approval. OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY Ms. Krysti Barksdale -Noble July 17, 2025 Page 2 6. All sanitary structure lids shall be replaced with lids that read "City of Yorkville" and "Sanitary". 7. The following structures shall have the frames reset and chimney seals replaced: • SAN 135 Storm Sewer • SAN 183 8. All storm structures shall be cleaned of mud and debris. 9. Storm sewer pipes shall be televised and footage submitted to EEI for review and approval. 10. Mortar fillets shall be installed in frame corners above adjustment rings in all road inlets and catch basins. 11. All closed structure lids shall be replaced with lids that read "City of Yorkville" and "Storm". 12. The following structures shall have grates unburied for inspection: • STM 296 • STM 315A • STM 298 • STM 470 • STM 300 (Roadway 13. Weeds shall be removed from joints between curbs and roadway and asphalt patched as required. 14. Cracks in the curb and gutter throughout the unit shall be saw -cut and sealed with polysulfide crack filler to prevent further damage. 15. Roadway paving shall be completed with 1-1/2" hot mix asphalt surface course, mixture D, N50. 16. Hot pour joint -sealer shall be installed at all pavement -curb joints after completion of the surface course. 17. Sidewalks shall be installed in all undeveloped lots and open spaces per the approved engineering plans. 18. Streetlight installation shall be completed throughout the unit per the approved engineering plan. Ms. Krysti Barksdale -Noble .July 17, 2025 Page 3 Landscaping 19. Landscaping shall be completed throughout the unit. 20. Grading shall be performed at the rear of lots 1717 through 1719 to reduce the slope of the significant elevation change with the neighboring property to a maximum of 1:4 and retaining walls installed where a 1:4 slope cannot be achieved due to the proximity to storm inlets. Erosion Control 21. All roadways and curbs shall be cleared of mud and debris. 22. Inlet filters and baskets throughout the unit shall be cleared of debris and reinstalled until construction is complete. 23. The site shall be mowed to clear weeds and stabilized per SWPPP requirements. 24. All silt fence shall be repaired until it is removed from the site after construction completion and the establishment of all landscaping. If you have any questions or require additional information, please contact our office. Respectfully Submitted, ENGINEERING ENTERPRISES, INC. Bra P. Sanderson, P.E. Chief Operating Officer / President BPS/emw Enclosures PC: Mr. Bart Olson, City Administrator (via e-mail) Ms. Erin Willrett, Assistant City Administrator (via e-mail) Ms. Krysti Barksdale -Noble, Community Development Director (via e-mail) Mr. Eric Dhuse, Director of Public Works (via e-mail) Mr. Pete Ratos, Building Department (via e-mail) Ms. Jori Behland, City Clerk (via e-mail) Ms. Gina Nelson, Admin Assistant (via e-mail) Ms. Kathy Field -Orr, City Attorney (via e-mail) Ms. Megan Lamb, City Attorney (via e-mail) Mr. Emilio Barbieri, Moda Homes (via e-mail) BPS, TAW, EMW, EEi (Via e-mail) Ms. Krysti Barksdale -Noble July 17, 2025 Page 4 CLOSED LIDS TO BE STAMPED WITH "CITY OF YORKVILLE" z .. MORTAR FILLETS TO BE ADDED TO FRAME CORN ERS OVER ADJUSTMENT RINGS \lmitkywayleei_storage%DocslPubtic\Yorkvilie120221YO2225-DR Bristol Bay Unit-121Does12025.07.15_tcoy_punchtist02.docx JOB NO: Y02225-DR DESIGNED: EMWlTAW DATE: July 21, 2025 PROJECT TITLE: Bristol Bay Unit 12 ITEM T UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT ROADWAY CONSTRUCTION - PRIVATE 1 BITUMINOUS MATERIALS SY 3,434.0 $ 0.50 $ 1,717A0 2 HMA SURFACE COURSE, MIX D, N50, 15' TON 290 $ 95.00 $ 27,550.00 3 4 SAW CUT AND SEAL CRACKS IN CURB AND GUTTER HOT POUR JOINT SEALER EA LF 10.0 1,877 $ 50.00 $ 1.50 $ 500.00 $ 2,815.50 5 PCC SIDEWALK INSTALLATION - 5' SF 0.0 $ 15.00 $ - 6 PCC SIDEWALK INSTALLATION - 4' SF 8,202 $ 15,00 $ 123,030.00 7 BACKFILL CURB LF 1,877.0 $ 1.00 $ 1,877.00 8 PAVEMENT MARKING, 4" YELLOW LF 148 $ 3,00 $ 444.00 STORM SEWER CONSTRUCTION - PUBLIC 9 TELEVISE PIPE LF 1,525.0 $ 10.00 $ 15,250.00 10 CLEAN OUT STORM STRUCTURE EA 17 $ 150.00 $ 2,550.00 11 INSTALL/REINSTALL FILLETS AND MORTAR RINGS EA 3.0 $ 100A0 $ 300.00 12 REMOVE AND REPLACE STRUCTURE LID EA 2 $ 600.00 $ 1,200.00 WATER MAIN CONSTRUCTION - PUBLIC 13 RAISE FIRE HYDRANT TO GRADE EA 1 $ 750.00 $ 750.00 14 LOCATE AUXILLARY VALVE BOX AND RAISE TO GRADE EA 1 $ 500.00 $ 500.00 15 REPLACE AUXILLARY VALVE BOX LID EA 1 $ 100.00 $ 1 U0.00 SANITARY SEWER CONSTRUCTION - PUBLIC 16 TELEVISE PIPE LF 1123 $ 10.00 $ 11,230.00 17 REMOVE AND REPLACE STRUCTURE LID EA 8 $ 600.00 $ 4,800.00 18 REALIGN AND RESET FRAME EA 2 $ 500.00 $ 1,000.00 19 REMOVE AND INSTALL NEW CHIMNEY SEAL EA 2 $ 1,000.00 $ 2,000.00 MISC. AND EROSION CONTROL 20 LANDSCAPING COMPLETE LS 1 $ 35,000.00 $ 35,000.00 21 PERIMETER EROSION BARRIER LF 1592 $ 5.50 $ 8,756.00 22 23 INLET PROTECTION (ROAD ONLY) STREETLIGHTS COMPLETE WITH CABLE EA EA 3 3 $ 200.00 $ 5,500.00 $ 600.00 $ 16,500.00 24 PREPARE RECORD DRAWINGS LS 1 $ 6,500.00 $ 6,500.00 TOTAL ENGINEER'S OPINION OF PROBABLE CONS I KUU I IUN L UZD 1 :� tn4,zp0y.oU G 1PubliclYorkville120221YO2225-DR Bristol Bay Unit-121Bond Reductions12025 02 07_EIJPC to Ottosen DiNolfo © Hasenbalg &Castaldo, Ltd. 2441 Warrenville Road, Suite 310, Lisle, IL 60532 Phone 630.682.0085 • Fax 630.682.0788 • www.ottosenlaw.com Megan Lamb Attorney via USPS First Class Mail and Email August 22, 2025 Mr. Troy Mertz President, Moda Homes 1834 Walden Square, Unit 300 Schaumburg, IL 60173 Re: Bristol Bay Unit 13 Public Infrastructure Improvements Dear Mr. Mertz, Direct 3 31.212.8709 inlaiub!a,ottesenlav,.com I serve as City Attorney for the United City of Yorkville. It is my understanding that on Thursday, July 10, 2025, the City's Engineering firm, Engineering Enterprises, Inc. ("EEI"), sent your firm a punch list letter related to the the ongoing public improvements at Bristol Bay Unit 13 subdivision. This letter requested a schedule for the completion of public improvements at Bristol Bay Unit 13 by August 1, 2025. A copy of EEI's letter is attached hereto for your reference. As of the date of this letter, neither the City nor EEI have received a response to EEI's inquiry. Pursuant to the requirements of the City's Unified Development Ordinance (the "UDO"), your firm is required to respond in full to EEI's letter. Public improvements related to subdivision development projects within the City's boundaries must be completed in a timely manner and must be completed properly and safely. Failure to comply with the UDO and provide the City and EEI with detailed information on your plans to complete the required public improvements at Bristol Bay Unit 13 will result in our determination that you are unable to complete the required public improvements, therefore resulting in an event of default pursuant to the terms of Subdivision Bond No. 6213017205 (the "Bond"). The City would then have the right to call the Bond for the purpose of completing the required public infrastructure improvements at Bristol Bay Unit 13. Please do not hesitate to contact me should you have any questions. Sincerely, Ottosen, DiNolfo, Hasenbalg & Castaldo, Ltd. Is/ Megan A. Lamb Megan A. Lamb cc: Bart Olson, City Administrator, United City of Yorkville Krysti Barksdale -Noble, Community Development Director, United City of Yorkville Peter Ratos, Building Code Official, United City of Yorkville Brad Sanderson, President, Engineering Enterprises Inc. Emilio Barbieri, Moda Homes encl. ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466,6700 - Fx: 630.466.6701 www.eeiweb.com July 10, 2025 Ms. Krysti Barksdale -Noble Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Re: Bristol Bay— Unit 13 Punch List United City of Yorkville Krysti: Representatives from Engineering Enterprises, Inc. performed an on -site punch list inspection of the public improvements for the above -referenced project. A summary of the punch list items is listed below. General 1. All silt fence shall be removed from the site. 2. All construction debris and filter fabric under structure grates shall be removed from the site following completion of construction activities in the surrounding areas. 3. Park Site C. shall be final graded per the attached grading plan, have all debris removed, and be seeded per the attached park development standards. 4. Record drawings shall be prepared per the attached requirements and submitted to EEI for review and approval. Water Main 5. All b-box lids shall be loosened to allow for removal and re -inspection. 6. The b-box lid at Lot 1963 (4459 Tampa Drive) is broken and shall be replaced. OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY Ms. Krysti Barksdale -Noble July 10, 2025 Page 2 7. The b-box at Lot 1979 (366 Biscayne Lane) shall be lowered to grade. 8. All pre-existing fire hydrants within the unit shall be wire brushed and repainted safety red. 9. All fire hydrant cap chains shall be repaired or replaced as required. 10. Fire Hydrant FH 105 auxiliary valve shall be located and raised to grade for inspection. 11.The following fire hydrant auxiliary valves shall be lowered to grade: • FH 153 • FH 308A 12. Valve Box VB 308 shall be lowered to grade. Sanitary Main 13.AI1 sanitary main shall be televised and the footage submitted to EEI for review and approval. 14.The following structures shall have frames and rings reset and chimney seals replaced: • SAN 149 • SAN 157 Storm Main 15. All storm inlets and catch basins shall be cleared of debris. 16.The following structure lids/grates shall be loosened to allow for removal and re - inspection: • INL 132 • INL 214 • INL 190 INL 221 • INL 192 INL 222 • INL 202 • INL 226 • INL 204 INL 350 • INL 206 • INL 352 • INL 208 17. All storm lines shall be televised and the footage submitted to EEI for review and approval. 18. The following structures shall be lowered to grade: • STM 120 • STM 234 Ms. Krysti Barksdale -Noble July 10, 2025 Page 3 19, Structure STM-246 shall be located and raised to grade for inspection. Roadway 20. Sidewalk shall be completed for all vacant lots throughout the Unit. 21. Sidewalk shall be completed on both sides of Monterey Avenue and connected to the existing path along Rosenwinkel Street. 22. Sidewalk shall be completed around Biscayne Court and access to the City park path tied in appropriately. 23. There are several locations throughout the unit where the curb is severely cracked, requiring the cracks to be sealed. These cracks are to be saw cut as marked out by EEI and sealed with caulk/epoxy sealer. 24. There are several areas of curb throughout the unit that are considered unacceptable due to excessive cracking, chipping, sinking, or spalling requiring sections to be removed and replaced. These areas are to be removed and replaced as marked out by EEI, with a minimum 5-foot length of curb and gutter section: • Lot 1967 • Lot 1985 • Lot 2007 Lot 2011 • Lot 2019 25. The binder course and curb have settled severely on Tampa Drive near STM 230. The binder and curb shall be removed, subgrade replaced as necessary, and curb and binder course replaced prior to surface course paving. 26. Hot -mix asphalt surface course, Mix D, N50 shall be placed throughout the Unit. Prior to paving operations, butt joints shall be constructed as required and bituminous prime coat shall be applied. The asphalt surface course shall be placed this construction season. 27.Once installation of the hot -mix asphalt surface course has been completed, joint between the gutter and pavement shall be routed and hot -poured joint, sealer used to seal the joint and used at every edge of pavement. Landsca ii 28. Various parkway trees have died/are dying and shall be replaced. • Lot 1964 • Lot 2008 (west side) 0 Lot 2020 (x2 — north and west sides) Ms. Krysti Barksdale -Noble July 10, 2025 Page 4 29. Parkway trees in front of undeveloped lots shall be installed per the landscaping plan. 30. Restoration shall be performed to meet Park Development standards at the entrance to the City park at Biscayne Court. 31. Parkway behind STM 1090 shall be leveled to final grade and restoration of the area be performed. A schedule for the completion of the above should be provided by August 1 st. if you have any questions or require additional information, please contact our office. Respectfully Submitted, ENGINEERING ENTERPR. Bradley P. Sanderson, P.E. Chief Operating Officer / President BPS/emw Enclosures PC: Mr. Bart Olson, City Administrator (via e-mail) Ms. Erin Willrett, Assistant City Administrator (via e-mail) Ms. Krysti Barksdale -Noble, Community Development Director (via e-mail) Mr. Eric Dhuse, Director of Public Works (via e-mail) Mr. Pete Ratos, Building Department (via e-mail) Ms. Gina Nelson, Admin Assistant (via e-mail) Ms. Jorl Behland, City Clerk (via e-mail) Mr. Emilio Barbieri, Moda Homes (via e-mail) COY Building Department, (via e-mail) BPS, TAW, EMW, EEI (Via e-mail Ms. Krysti Barksdale -Noble July 10, 2025 Page 5 BISCAYNE COURT SIDEWALK AN CONNECTION TO PATH TO BE INSTALLED AND LANDSCAPED DYING TREES TO BE REPLACED Ms. Krysti Barksdale -Noble July 10, 2025 Page 6 WNW SUNKEN ROAD AND CURB TO BE REMOVED, INVESTIGATED, AND REPLACED CURB CRACKING TO BE REPAIRED AS MARKED OUT Ms. Krysti Barksdale -Noble July 10, 2025 Page 7 ft,