Ordinance 2011-47 Ordinance No. 2011--tf-T
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE AND THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION FOR THE RECONSTRUCTION OF ILLINOIS ROUTE 47
WHEREAS, the United City of Yorkville, Kendall County, Illinois is a duly created,
organized, and validly existing municipality of the State of Illinois under the 1970 Illinois
Constitution and the laws of the State of Illinois, including particularly the Illinois Municipal
Code, as from time to time amended(the "Municipal Code") (65 ILCS 5/65-1-1-2, et. seq.); and,
WHEREAS, the State of Illinois has jurisdiction over Illinois Route 47 for its entirety
and seeks to make improvements to Illinois Route 47, and;
WHEREAS, specific improvements for the proposed roadway include reconstructing the
existing two lanes to five lanes, constructing turning lanes, modernization of traffic signals,
constructing storm sewer, sidewalks, and shared use trails, relocating watermain and sanitary
utilities, and all other appurtenances necessary to complete the reconstruction of the roadway in
accordance with State specifications, and;
WHEREAS, the City is desirous of said improvements to Illinois Route 47 in that same
will be of immediate benefit to City residents and permanent in nature.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts
all of the recitals in the preamble of this Ordinance, as well as the preambles contained in the
Intergovernmental Agreement.
Section 2. That the Intergovernmental Agreement between the United City of Yorkville
and the State of Illinois Department of Transportation, a copy of which is attached hereto and
incorporated herein, is hereby approved.
Section 3. That the Mayor and City Clerk are hereby given the authority to execute and
deliver said Intergovernmental Agreement.
Section 4. That the officials, officers, and employees of the City are hereby authorized to
take such further actions as are necessary to carry out the intent and purpose of this Ordinance
and Agreement.
Section 5. This Ordinance shall be in full force and effect upon passage, approval, and
publication as provided by law.
Passed by the City Counci of the United City of Yorkville, Kendall County, Illinois this
day of {� , A.D. 2011.
11LI fl
CITY CLERK
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of S b E M LQ , A.D. 2011.
MAYOR
2
CHRIS FUNKHOUSER
DIANE TEELING
JACKIE MILSCHEWSKI
CARLO COLOSIMO
LARRY KOT
MARTY MUNNS
�(
ROSE SPEARS _
GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of S b E M LQ , A.D. 2011.
MAYOR
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Illinois 47 (FAP 326)
State Section (5CS, 13C, 108, 109)R
Kendall County
(Bridge Street in the City of Yorkville, IL)
C-93-064-05
Contract 66671
Agreement JK311009
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AGREEMENT
This agreement is entered into by and between the State of Illinois, through its Department of
Transportation, hereinafter called the STATE and the United City of Yorkville, of Kendall County,
Illinois, hereinafter called the CITY.
WHEREAS, to facilitate the free flow of traffic and ensure safety to the traveling public, the
STATE and CITY are desirous of improving Illinois 47 (FAP 326), also known as Bridge Street,
located within the city of Yorkville, Illinois. Currently, Illinois 47 consists of a variety of roadway
cross sections. Existing pavement sections vary from two to three and four lane widths, some
areas having curb and gutter while a good portion of highway retaining rural type cross section
consisting of shoulder with open roadside drainage ditches.
In general, the subject project involves reconstructing the existing two lane Illinois 47 to a
minimum five lane concrete curb and gutter urban type pavement section. Additional turn lanes
will also be constructed at various intersections along Illinois 47 where turning movements
warrant supplemental turn lanes. Generally, existing pavements will be removed and replaced
with PC concrete pavement. Removal of existing pavement will occur on the majority of Illinois
47 (Bridge Street), Illinois 126 (Schoolhouse Road), US 34 and all intersecting local roads and
commercial/private access drives that are impacted by the reconstruction of the STATE
highway. The project also includes modernization of traffic signals with combination lighting,
construction of storm sewer, sidewalk and shared use trails, relocation and/or new water main
and sanitary utilities and landscaping to enhance the roadway. Southern terminus to the
reconstruction of Illinois 47 is at a point located approximately 400 feet north of Illinois 71 and
extends northerly 3.25 miles (17,160 feet) to a point located approximately 330 feet north of
Carpenter Street, which equates to approximately 990 feet south of Kennedy Road. Portions of
Illinois 126 and US 34 will also be improved to complement the work that is to occur on
Illinois 47 (see location map attached hereto as Exhibit#1). This project will also require
reconstruction of Illinois 126 from its junction with Illinois 47 easterly for approximately 575 feet.
The Illinois 47 project is identified under State Section (5CS, 13C, 108, 109)R, C-93-064-05,
Contract 66671.
WHEREAS, one purpose of this agreement is to provide a general description to the scope of
work proposed with this subject project. All desired specific details of type of work, location,
dimensions, elevations, items, quantities, materials, etc. are to be obtained from the related
design plan sheets, which serve as a supplement to this agreement. The said plans have been
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provided to the CITY for its review and concurrence. Additional purposes of this document are
to provide estimated costs, cost participation between the STATE and CITY, appropriation of
funding, commitments to payments and define jurisdictional and maintenance responsibilities of
various roadways, utilities and various appurtenances relating to the subject roadway project.
WHEREAS, the CITY has secured Surface Transportation Program Urban funds (STPU) from
the Chicago Metropolitan Agency for Planning (CMAP) through the Kane-Kendall County
Council of Mayors. A maximum of $147,000 of CMAP STPU funding has been programmed to
be reserved and applied only to costs relating to emergency pre-emption units that are to be
installed upon new traffic signals that are to be constructed as part of the Illinois 47 project. As
in accordance with the CMAP, STPU funding policy, cost share for the emergency pre-emption
units is 75% Federal and 25% CITY. Consequently, there will be two separate sources of
funding to finance the improvements cited in this agreement. All Illinois 47 project items relating
to the emergency pre-emption units are being financed with CMAP STPU funds and thereby
administered through the Bureau of Local Roads and Streets of the Illinois Department of
Transportation, District Three office in Ottawa, Illinois. The STPU funds through CMAP are
identified under CMAP TIP #09-98-0102. The CMAP STPU funds will be applied to the
emergency preemption items and the CITY will be charged 25 percent of the final total
impending cost. All other (non related emergency pre-emption) items are being funded and
administered through the Bureau of Construction of the IDOT, District 3 programmed Federal
National Highway System (NHS)funds.
WHEREAS, the CITY is to pay its share of costs of the project to the STATE by 120 payments
over a period of 10 years (120 months). Terms of the payment plan are cited in provision 7a
through 7i of this agreement.
WHEREAS, the CITY is to assume jurisdiction of a portion of pavement section that currently
functions as an access drive located on the west side of Illinois 47, immediately south of the
Walgreens Store. (See attached Exhibit #2, Addendum #1 and Addendum #2 resolution.)
WHEREAS, the CITY is desirous of said improvements to Illinois 47 in that same will be of
immediate benefit to CITY residents and permanent in nature.
WHEREAS, the following scope of work for the subject project is proposed:
A. Main Line Illinois 47 Road Construction (100% State Cost)
The majority of the Illinois 47 main line will be constructed to a 66 foot wide concrete urban
type curb and gutter pavement section. Existing pavement will be removed. The new
roadway shall consist primarily of two through lanes for each direction of traffic and either an
additional bi-directional or left turn lane. Outside through lanes will be 13 feet in width while
inside through lanes and center turn lanes will be 12 feet wide. Additional right and left turn
lanes, requiring wider roadway widths, will exist at the certain intersections that are cited in
following paragraphs of this agreement. With the exception of tapering pavement near the
north terminus of the project (between Carpenter Street and Kennedy Road), all of Illinois 47
will be reconstructed of Portland Concrete Cement. The new pavement will consist of 12
inches of granular subbase and 10 inches of PC concrete.
A tapering of pavement from the five lane concrete curb and gutter roadway to a two lane
rural type bituminous pavement section will begin approximately 100 north of Menard Drive
and extend northerly approximately 900 feet to the north terminus of the project. The
variable tapering pavement will be widened with 12 inches of aggregate subbase and 10-112
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inches of hot mix widening. The existing pavement surface will be milled prior to being
resurfaced with 2-1/2 inches of hot mix asphalt. Eight foot hot mix asphalt shoulders will
also be constructed.
B. Illinois 47/I11inois 71 Intersection (100% Percent State Cost)
This intersection is excluded from the subject Illinois 47 project. Reconstruction of Illinois 47
begins approximately 400 feet north of Illinois 71. Newly constructed concrete pavement
and pavement markings will be applied to the very southern portion of the Illinois 47 project
to properly match into the existing cross section of the Illinois 47 serving as the north leg of
the Illinois 71 intersection.
C. Illinois 47/I11inois 126 (Schoolhouse Road) Intersection (100% State Cost)
As with the mainline Illinois 47, this intersection will be reconstructed as PC concrete
pavement. To complement with geometrics of Illinois 47, roadway improvements will extend
onto Illinois 126 from the edge of pavement of Illinois 47 to a point approximately 525 feet to
the southeast. At its approach to Illinois 47, Illinois 126 will have a 48 foot roadway width
consisting of one exclusive right turn lane, one exclusive left turn lane for westbound traffic,
and one through lane for eastbound traffic. All lanes will be of 12 foot and variable widths.
A striped pedestrian island will be provided in the northeast quadrant of the intersection to
assist pedestrians and cyclists crossing at the intersection.
On the north and south legs of the intersection on Illinois 47, the five lane configuration is
retained with two through lanes for each direction of traffic, one exclusive left turn lane on
the north leg to serve southbound traffic and a bi-directional lane provided on the south leg.
D. Illinois 47/US 34 Intersection (100% State Cost)
This major intersection will be entirely reconstructed with new PC concrete pavement to the
same manner as the mainline Illinois 47, consisting of 12 inches of granular subbase and 10
inches of PC concrete. The intersection is to be widened so to accommodate four through
lanes, dual left turn lanes, and one exclusive right turn lane on all four legs of the
intersection. The widening and addition of turn lanes will require the reconstruction of US 34
from 900 feet west (at Center Parkway) to 1,230 feet east of Illinois 47 (at Market Place
Drive). Outside through lanes shall be 13 feet in width and inside through lanes and all turn
lanes will be 12 feet wide. Striped islands will be provided on all four legs of the intersection
to promote safety and assistant pedestrians/cyclists crossing the highway. Storm sewer
construction will extend further west to Blackberry Creek.
On the west leg of US 34, a combination of raised median near the intersection of
Illinois 47 transitioning to a traversable median will separate opposing traffic movements.
These medians will vary from 2 to 15 feet in width. On the east leg of US 34, a raised
median will extend from Illinois 47 to approximately 1,050 feet to the east. A striped
median shall then extend further east to the west approach of Market Place Drive where
pavement will taper into the existing two lane roadway east of Market Place Drive. The
medians on the east leg of the intersection will have a variable width of 2 to 24 feet.
On the south leg, a combination of traverse and raised median is to extend from the
intersection with US 34 southerly approximately 850 feet to the intersection with
Landmark Drive. The median will vary from 4 to 12 feet in width. The standard 13 foot
wide outside through lane and 12 foot wide inside through lane and turn lanes will be
provided.
• On the north leg, a 4 foot wide raised concrete median is to extend from US 34 northerly
approximately 1,050 feet to just south of Countryside Parkway. The standard 13 foot
wide outside through lane and 12 foot wide inside through and turn lanes will be
provided.
E. US 34/ Center Parkway Intersection (100% State Cost)
Generally, existing pavement of US 34 will be removed and replaced with PCC concrete
pavement. Reconstruction of the west leg of US 34 will include the intersection with Center
Parkway. The east leg of the intersection will include one combination right turn/through
lane, one through lane and one left turn lane for west bound traffic, and two through lanes
for eastbound traffic. The west leg will be restriped to retain the existing one combination
right turn/through lane, one through lane and one left turn lane for eastbound traffic and two
through lanes for westbound traffic. Outside through lanes on US 34 will be 13 feet wide
and all turn and inside through lanes will be 12 feet in width. The north leg of Center
Parkway will consist of one exclusive right turn lane, one through lane and one left turn lane
for southbound traffic and two through lanes for northbound traffic. The south leg will
consist of one through southbound lane, and one left turn and one through lane for
northbound traffic. All lanes will be 12 feet wide.
F. Illinois 47/Countryside Parkway Intersection (100% State Cost)
On the south leg of this intersection, two through lanes, an exclusive right turn lane and dual
left turn lanes will serve northbound traffic. This same lane configuration will be provided on
the north leg to serve southbound traffic. Two through lanes will serve southbound traffic on
the south leg and two through lanes will serve northbound traffic on the north leg of the
intersection. The standard 13 foot wide outside through lane and 12 foot wide inside
through lanes and turning lanes will be provided. Opposing traffic will be separated by a
raised 4 foot wide median on the north leg of the intersection. South of the intersection, a
striped median extends approximately 600 feet to a point where a five lane roadway (with a
bi-directional turn lane) resumes.
On the east and west legs of Countryside Parkway, new curb and gutter will be constructed
to the respective radius returns. Lane configuration on the west leg will remain as is with
two 12 foot wide through lanes for each direction of traffic. Lane configuration on the east
leg will consist of two 12 foot wide through lanes for eastbound traffic, and one right turn
lane, one through lane and one left turn lane to serve westbound traffic. All lanes are 12
feet wide.
G. Left turn Accommodations at Certain Local Streets Intersecting Illinois 47 (100% State Cost)
Exclusive left turn and/or right turn lanes will be provided at the following local
streets/commercial entrances that intersect Illinois 47: the north access drive to the
Walgreens Store (located just north of Illinois 71), Fountainview Drive, Green Briar Road,
Garden Street, Washington Street, Fox Street, Van Emmon Street, Main Street, Center
Street, Spring Street, Somonauk Street, and Landmark Avenue. Most other existing local
streets intersecting Illinois 47 will be served with a bidirectional turn lane, unless otherwise
described in this agreement.
H. Reconstruction of Local Streets Intersecting Illinois 47 (100% Percent State Cost
Due to the revised geometrics and/or profile of a widened Illinois 47, reconstruction of some
portions of intersecting local streets will be required. For information purposes, a general
account of work on intersecting local streets is given in this agreement (see related detail
plan sheets for specifics on proposed construction). At the majority of intersection locations,
most pavement and curb construction will be limited to the radius returns of the local streets
in relation to Illinois 47. Exceptions to this are the following intersection locations along
Illinois 47 requiring additional roadway work:
South Main and Elizabeth Streets— Existing South Main Street and Elizabeth Street
intersect Illinois 47 at an odd angle. Consequently, the existing intersection of South
Main Street will be relocated approximately 100 feet further north to align with Elizabeth
Street. New curb and gutter will be constructed for approximately 115 feet along
Elizabeth Street and 75 feet along South Main Street to better define the intersection,
improve the efficiency and safety of the intersection.
Fox Street— Due to a required change in profile, approximately 300 feet of the west leg
of Fox Street will be reconstructed upon a new profile. The reconstructed roadway is to
be 30 to 42 feet in width (face to face of curb), transitioning from two to three lanes, with
two through lanes and a left turn lane at its intersection with Illinois 47. The roadway will
be constructed of 12 inches of granular subbase and 6 inches of hot mix asphalt. The
east leg of Fox Street is to be reconstructed from Illinois 47 to approximately 165 feet to
the east. Any existing sidewalk impacted by the work will be replaced.
Van Emmon Street— Due to changes in profile of Illinois 47, approximately 160 feet of
the west leg of Van Emmon Street will be reconstructed. The reconstructed roadway is
to be 44 feet in width (face to face of curb), so to accommodate two 12 foot traffic lanes
and 8 foot wide parallel parking lanes on both sides of the street, as currently exist. The
roadway will be constructed of 12 inches of aggregate subgrade and 10 inches of
Portland cement concrete pavement. The east leg of Van Emmon Street will be
reconstructed from Illinois 47 to approximately 80 feet to the east. Any existing sidewalk
impacted by the work will be replaced.
I. Extension of Reconstruction Work on Somonauk Street (100% City Cost)
The CITY has requested that the east and west legs of Somonauk Street approaching
Illinois 47 be reconstructed as part of the STATE's Illinois 47 project. The CITY requests
both the west and east legs of Somonauk Street be widened from an existing two to a
three lane roadway. Both legs are to be reconstructed as curb and gutter concrete
pavement sections. Widening will extend 275 feet to the west with a tapering pavement
being overlaid an additional 165 feet further west. The east leg will also be
reconstructed as concrete pavement from Illinois 47 to 330 east. Two through lanes and
one left turn lane will be provided on both legs. Included in the work on Somonauk
Street are adjustments to drainage, utilities, sidewalk and shared use trail. The CITY is
to assume all costs relating to improvements to Somonauk Street, beyond the radii
returns with Illinois 47.
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J. Remaining Intersecting Local Streets (100% State Cost)
A variety of minimal reconstruction work will be done on the following local streets to
properly match the newly constructed Illinois 47. Any improvements to these local streets
will be accomplished with hot mix asphalt. These streets are Fountainview Drive, Green
Briar Road, Garden Street, Beaver Street, Colonial Parkway, Orange Street, Washington
Street, Hydraulic Street ,River Street, North Main Street, Center Street, Spring Street,
Somonauk Street, Park Street, Apple Tree Court, Walnut Street, Landmark Street, Menard
Street, and Carpenter Street (details on each specific intersection are shown in the related
design plans).
K. Elimination of Cross Traffic at Hydraulic Street, River Street and Other Locations (100%
State Cost)
Due to the close proximity of these two streets to the Fox River Bridge, vehicular traffic
crossing Illinois 47 will be eliminated at Hydraulic and River Streets. Both legs of Hydraulic
Street intersecting Illinois 47 will be reconstructed to allow only right-in and right-out turning
movements. The same situation will be applied to the west leg of River Street. A raised
median will be constructed on Illinois 47 at both Hydraulic and River Streets preventing
motorists from driving across Illinois 47 at these intersections.
Other right-in, right-out entries will exist at several local street/commercial drive locations
along Illinois 47. These locations include the south Walgreen access drive, a commercial
drive on the west side of Illinois 47 located approximately 450 feet south of Green Briar
Road, access drives located between Landmark Avenue and US 34 serving the north
Walgreens store on the west and Jewel Osco shopping complex on the east, north of US
34, access drives serving the two gas stations and Menard Street. Similar entries will also
exist along US 34, west of IL 47, on the north side serving various eateries and an entry
serving the Walgreens. On the east leg of US 34, entries to the Jewel Osco retail complex,
Ace Hardware Store on the south side and gas station on the north side also will have right-
in, right-out access drives.
L. Fox River Bridge/Structure #047-0048 (100% State Cost)
Minor deck patching work, cleaning and some painting of the structure is proposed. The
existing roadway width of the bridge is sufficient to restripe lane configurations to provide
four 12 foot wide through traffic lanes. Five foot wide sidewalk on both sides of the structure
will provide pedestrians access across the Fox River.
M. At Grade Railroad Crossing Upgrade (100% State Cost)
The existing at-grade crossing of Illinois 47 at the Illinois Railway tracks will be reconstructed
to properly match the widened Illinois 47. The profile of Illinois 47 will be modified to
improve the rideability of driving over the tracks and extend the durability of the crossing as
load impact from trucks onto the crossing will be less. Reconstruction will include new
crossing gates that will be interconnected to signals at Van Emmon Street. Railroad
crossing work will be accomplished under a contract separate from the contract for the rest
of the Illinois 47 project.
N. Traffic Sianals (Variable Cost Share - See Cost Table)
All existing traffic signals located along the impacted portions of Illinois 47 and US 34 will be
replaced with new signals. Cost of the replacement traffic signals are to be shared between
the CITY and STATE. Cost shares differ depending on specific location and how many
intersecting legs are involved. Costs for each specific location are cited in the cost table
found below in paragraph #3 of this agreement.
O. Combination Roadway Lighting/Coloration of Signals & Lighting (100% City Cost)
At the request of the CITY, at selected four locations, new traffic signals, controller cabinets,
and combination roadway lighting are to be coated with a black coloring. These specified
four intersections are along Illinois 47 at Illinois 126 (Schoolhouse Road), Fox Street, Van
Emmon Street, and Somonauk Street. Coloration of the traffic signal fixtures is beyond the
STATE's standard of galvanized poles, signal and lighting units and controller cabinets.
Consequently, all costs associated with upgrading signals beyond the STATE's standards
will be at 100 percent CITY cost. Traffic signals currently exist on Illinois 47 at Fountainview
Drive, Illinois 126, Fox Street, Van Emmon Street, Somonauk Street, Landmark Avenue, US
34 and Countryside Parkway. Traffic signals currently serve on US 34 at Center Parkway
and Marketplace Drive.
P. Emergency Pre-Emotion Units (75% Federal/25% City Cost)
To safely assist emergency vehicles through traffic, emergency pre-emption units will be
installed at all intersections where new traffic signals are to be constructed. The CITY has
secured Surface Transportation Program Urban (STPU) funds through the Kane-Kendall
County Council of Mayors. A maximum programmed allotment of $147,000 of STPU funds
are to be applied to financing the cost of the pre-emption units at a 75 percent federal/25
percent city cost share. The STPU funding is identified in the CMAP TIP as Item #09-98-
0102. The CMAP STPU funds will be applied to the emergency preemption items and the
CITY will be charged 25 percent of the final total pending cost.
Q. Safety Accommodations for Pedestrians/Cyclists (Similar to Traffic Signals, Cost Shares Will
Vary)
Pedestrian push buttons will be provided at all intersections where traffic signals exist. At
the more congested intersections where wide pavements exist, in addition to push buttons,
islands will also be provided to assist pedestrians and cyclists in safely crossing the
highway.
R. Crosswalk Flashing Beacon Units (100% City Cost)
The CITY has requested the installation of two crosswalk flashing beacon units to assist
school children/pedestrians crossing Illinois 47 at Orange Street (Stations 20+329.6 LT and
20+331.6 FIT). These units will be at 100 percent CITY cost.
S. Shared Use Trails (80% Federal/20% City Cost)
Proposed as part of this project is construction of an extensive 10 foot wide hot mix asphalt
shared use trail for pedestrian, cycling and a variety of recreational uses. The said trail will
be constructed of 6 inches of aggregate and 2 '/2 (64 mm) inches of asphalt. Shared use
trails are to be constructed at the following locations along Illinois 47, Illinois 126, and US
34:
• On east side of Illinois 47 from Fountain View Drive extending northerly to Illinois 126
(Schoolhouse Road)
• On the north side of Illinois 126 (Schoolhouse Road) from Illinois 47 easterly to the west
drive serving the Yorkville intermediate school.
• On the west side of Illinois 47 from Somonauk Street northerly to Countryside Parkway.
• On the east side of Illinois 47 from Countryside Parkway northerly to Kennedy Road.
T. Sidewalk (80%Federal/20% City Cost)
Proposed as part of this project is the construction of sidewalk along affected portions of
Illinois 47, Illinois 126, and US 34. Some areas involve the replacement of existing sidewalk
impacted by the widening of the highways. In other areas, sidewalk is to be constructed
where it does not currently exist. Some areas of sidewalk construction is omitted since
sidewalk currently exists that was constructed as part of the previous development of
adjoining commercial properties. Five foot wide concrete sidewalk is to be constructed at
the following locations:
• On the west side of Illinois 47 from near the south limits of the project (at the entrance to
the south Walgreens) northerly to Garden Street.
• On the west side of Illinois 47 from approximately 100 feet north of Beaver Street
northerly to the south approach to the Fox River Bridge.
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• From the south approach to the Fox River Bridge northerly to the north side of Main
Street.
• On the west side of Illinois 47 from the south side of Center Street northerly to the south
side of Somonauk Street.
• On the west side of Illinois 47 from just north of Menard Street northerly to a point
located approximately 600 feet south of Kennedy Road.
• On the east side of Illinois 47 from Illinois 126 (Schoolhouse Road) northerly to the south
approach of the Fox River Bridge.
• On the east side of Illinois 47 from the south approach of the Fox River Bridge northerly
to the north side of Walnut Street.
• On the north side of US 34 from Illinois 47 westerly to Center Parkway. Due to current
physical conflicts and/or lack of easements, the CITY has committed to upgrade this
sidewalk to a shared use trail at a future date (see city commitment letter attached
hereto as Exhibit 9).
• On the south side of US 34 from Illinois 47 westerly to Center Parkway.
• On the south side of US 34 from Illinois 47 to approximately 365 feet to the east.
• On the south side of US 34 from a point approximately 880 feet east of Illinois 47 (just
east of the Ace Hardware Store) easterly to Marketplace Drive.
• On west side of Illinois 47 on modified sloped hillside located between Van Emmon
Street and Fox Street. See provision "DD" below under"Modifications To Slope of Hill
Side"for greater detail.
U. Sidewalk Along East Edge of Park: (100% City Cost Subiect to 80% Credit Reimbursement
By State
The CITY will construct a standard five foot concrete sidewalk along the east edge of Public
Square Park located between Main and Center Streets. The STATE will credit the CITY for
the cost of the sidewalk. The credit will be applied against the CITY's share of cost for the
Illinois 47 construction project.
V. Colored Sidewalk in Downtown Area (100% City Cost for Difference Items Beyond State
Standards)
The CITY has elected to have constructed colored sidewalk on both sides of Illinois 47
between Van Emmon Street and Hydraulic Street. At other locations where the walkway is
within 5 feet behind the curb, the CITY also has requested coloration of the first 2 feet of all
sidewalk that adjoins the back of curb to the highway. Sidewalk shall vary from the
standard 5 foot to 7 foot widths due to the wider walkways in the downtown business
district and need to construct required ADA ramp walkways. The CITY will assume 100
percent of all cost of the coloration of walkway exceeding the STATE's standard 4 inch
depth concrete sidewalk.
W. ADA Ramp Walkways/Fencinq_(`100% State Cost)
The American Disabilities Act (ADA) requires access to entries of
residential/businesses establishments from sidewalks. Due to the sloping grade of
the area, elevated ramped sidewalks will need to be constructed on both sides of
Illinois 47 between Van Emmon and Hydraulic Streets. The said ramps will
necessitate the elevating of the walkway and thereby the need of installing railing on
the ADA ramps. Cost of the ADA walk ramps is at 100 percent state cost. Standard
railing would be at 100 percent STATE cost. A fox figure head ornamentation the
CITY had initially requested is to be deleted from the plans as directed by the CITY.
The STATE will assume 100 percent cost of installing the alternative standardized
galvanized railing. Further, the CITY requests a colored fascia applications be
added to the sides of the raised ramped ADA sidewalks. The CITY will assume 100
percent of the cost differences between the STATE's standard concrete design
versus all upgrading colored concrete with formed liner that the CITY requests.
X. Barrier Walls (100% State Cost/100% City Cost of Difference for Decorative Exceeding
State Standard)
At the request of the CITY, concrete barrier walls to be constructed between Van Emmon
Street and Hydraulic Street are to be colored and stamped with an upgraded Texas type
bridge rail. The CITY will assume all costs that exceed the STATE's standard concrete type
parapet barrier wall. Such costs to be assumed by the CITY are coloration and stamping of
the concrete barrier wall in lieu of the STATE's standard concrete parapet.
Y. Topsoil and Seed Medians (100% State Cost)
In lieu of concrete raised median, the CITY has requested seeded median to accommodate
future landscaping to be done by the CITY. Due to similar costs involved, the STATE will
assume full cost of the topsoil and seed median on the condition that the CITY assumes all
future maintenance of the raised median. CITY's landscaping of the said median will be
accomplished in the future under a STATE permit and is not a part of this project contract.
Z. Colored Crosswalks: (100% CITY Cost)
At the locations designated by the CITY, crosswalks are to be constructed of colored
concrete. The CITY will assume all costs that exceed the STATE's standard concrete
pavement and striping.
AA. Foundations and Conduits for Future Decorative Lighting in Downtown (100% City Cost)
At the CITY's request, the STATE will include in its roadway plans and construct conduit
and foundations to accommodate decorative lighting in the downtown area that the CITY is
to install in the future. Actual installing of the lighting fixtures is not a part of this project
contract. CITY is to provide all plans identifying all locations and type material to be
constructed; and that all items meet all federal and STATE roadway lighting requirements.
BB. Modifications to the Slope of Hillside and Vacation/Removal of Jefferson Street: (100%
State Cost)
So to eliminate the need of a high retaining wall similar to the one that currently exists
located on west side of Illinois 47 between Fox Street and Van Emmon Street, the present
hillside will be cut back to a more gradual slope that can be better landscaped and mowed.
To accomplish the needed grade and provide proper drainage of the affected area, a north
portion of Jefferson Street (located between Madison and Ridge Streets) is to be vacated
and permanently removed. An approximate 365 feet of remaining portion of former
Jefferson Street (recently vacated as a plated city street) will be widened an additional 13
feet. Widening will consist of over 12 inches aggregate subbase, 4.5 inches of asphalt
base course and resurfaced with 1.5 inches of asphalt surface course. A concrete curb
and gutter will also be constructed on the widened side.
Storm sewer will be constructed to properly route drainage from the area. Water will be
routed down the hill and connected into storm sewer that is to be constructed along the
west side of Illinois 47. Five foot wide concrete sidewalk will be constructed to provide
pedestrian walking between the top of the hill and Illinois 47.
The CITY is to retain jurisdiction of the vacated Jefferson Street at all times. The described
work is viewed as widening of a local street required and linked to the Illinois 47 project.
Consequently, Jefferson Street remains under CITY jurisdiction. Further, the CITY is to
assume full jurisdiction of the storm sewer and the described sidewalk since both items are
located on the hillside and on the STATE right of way.
CC. Storm Sewer (100% State Cost)
Storm sewer will be constructed throughout the project to collect and route water runoff
from highway pavements. Storm sewer will exist along Illinois 47 and 126, US 34 and short
segments off various local streets that intersect and drain toward the state highways.
Locations of the storm sewer trunk lines and the direction water is to be routed will widely
vary throughout the project, dependent on locations. Storm sewer may be present on one
side or the other, and at locations on both sides of the highways. Numerous cross under
feeder storm sewer that collect and direct runoff to the trunk lines exist throughout the
project. Details of the storm sewer system (locations, sizes, etc. are cited in the storm
sewer schedule of the related project design plans).
DD. CITY Owned Storm Sewer (Various City/State Cost Share)
At various locations, the STATE's road and storm sewer construction will conflict with
existing CITY owned utilities (sanitary sewer, water main etc.). Adjustments to the storm
sewers will be required. Most adjustments located within the STATE right of way will be at
CITY cost. The STATE assumes all costs for utility adjustments required outside the
STATE right of way.
EE. CITY Storm Sewer Stubs 0 00% City Cost)
The CITY has requested that the STATE construct storm sewer stubs to receive runoff from
areas beyond the state highways. The CITY has provided the hydraulic calculations and
has assured the added discharge will not adversely affect the capacity flow of the STATE's
storm sewer system. The CITY will assume full cost of the storm sewer stubs to be
constructed at four locations; namely, three stubs along Illinois 47 just south of Washington
Street and one just north of Van Emmon Street.
FF.Vegetated/Bio-Swales (100% State Cost)
The CITY has elected to utilize vegetated open channel drainage ways, also referred to as
vegetated bio-swales, which serve as a multi-purpose drainage feature. While retaining
storm water runoff and providing natural conveyance of water back into the ground, proper
vegetation and maintenance of this feature also provides filtration of water where pollutants
can be removed. Approximately 40 bio-swales are to be constructed throughout the project
area. The STATE will assume full costs of purchasing the needed permanent easements
and constructing the swales; with the stipulation that the CITY assume all future
responsibilities and costs of maintaining and/or repairing the described bio-swale.
GG. CITY Water Main (City/State Cost Share)
The CITY has provided the STATE all items and plans relating to the CITY owned water
main that will be affected by the subject highway project. This information is being
integrated into the final highway plans. All water main currently located within the STATE
right of way is to be relocated and/or adjusted at 100 percent CITY cost. All water main
located outside the STATE right of way, requiring relocation and/or adjustment due to
Illinois 47 reconstruction, will be at 100 percent STATE cost. At the request of the CITY,
some additional/optional water main runs are to be extended off the project limits. This work
is to be at 100 percent CITY cost, which includes the main lines, service lines, valves,
boxes, casings and all other related items required to assure full serviceability of water to
CITY residents.
Further, for all water mains extending off the project limits, the CITY is fully responsible for
obtaining all necessary easements and authorizations to enter onto properties. The CITY is
also responsible for obtaining all necessary EPA permits and is required to oversee
installation of water mains and coordinate any and all matters in staging water service to
affected residences and businesses.
HH. Water Main Relocation/Readjustments at Washington and Orange Streets (100% State
Cost
Existing water main crossing under Illinois 47 (Bridge Street) at Washington and Orange
Streets predates the state's jurisdiction of the highway. Consequently, the STATE
assumes 100 percent cost of all water main relocation/readjustment at this locale.
II. Sanitary Sewer (City/State Cost Share)
All sanitary sewer currently located in the STATE's right of way and requiring relocation
and/or adjustments will be at 100 percent cost to the CITY. All optional sanitary sewer
work the CITY requests will be at 100 percent CITY cost. All CITY owned utilities on
STATE right of way within the limits of the STATE's improvement, which are to be relocated
and /or adjusted under the terms of this agreement, will be relocated/adjusted in
accordance with the applicable portions of the "Accommodation of Utilities of Right of Way
of the Illinois State Highway System" (92 III. Adm. Code 530). All sanitary sewer currently
located outside the STATE's right of way and being impacted by the STATE's construction
i � f
will be relocated and/or adjusted at 100 percent STATE cost. The CITY will assume full
responsibility of obtaining all necessary EPA permits and meeting all EPA directives,
policies and guidelines.
JJ. Landscaoina (City/State Cost Share)
Upon completion of construction activity, the STATE will provide the necessary grading and
apply its standard applications of ground cover to reestablish growth of a variety of grasses
as a measure of erosion control, landscaping and enhancement of grounds disturbed by
construction activity. The CITY has requested that grass seeding be applied in lieu of
sodding areas. Consequently, the STATE will assume all cost of seeding the areas and will
maintain the said areas for a minimum of one full year from the completion of the seeding,
to assure grass growth has been established. The STATE will further repair and reseed
any areas where ground cover has failed to take hold.
The CITY has requested that some portions of medians consist of seed in lieu of a concrete
surface. The STATE will provide topsoil and seed in certain median locations as cited in
the related design plans. Ground cover will consist of the STATE's standard grass
seeding. Providing the sod median areas is contingent upon the CITY agreeing to assume
all future maintenance of the sod median which includes but not necessarily limited to
planting grass and/or foliage, mowing, trimming and routine other maintenance; and any
required replacement of dirt or plant life.
The CITY has agreed to assume all responsibility and cost of landscaping in seed medians
and various locations along Illinois 47 and 126 and US 34 within the STATE's right of way.
All CITY landscaping is to be implemented by CITY forces and/or a CITY approved
contractor after the completion of the STATE's highway improvements relating to this
subject project and contract. The CITY will be required to apply for a STATE permit and
agrees to allow the STATE to review and approve all landscaping the CITY proposes along
the STATE's highways.
KK.Traffic Protection, Staging and Detouring of Traffic (100% STATE Cost)
Due to the large scope of work involved with this project, a wide variety of
construction/traffic staging, temporary lane and access restrictions will be in effect. This
includes some flagging of single lane traffic requirements. Reconstruction of intersecting
CITY streets and commercial/residential access lanes will require some temporary closure
or staging of access as pavements are reconstructed.
LL. All other work necessary to complete this project will be performed in accordance with the
approved related plans and specifications.
WHEREAS, the CITY is desirous of the said subject project in that same will be of immediate
benefit to CITY residents and permanent in nature.
WITNESSETH:
NOW THERFORE, in consideration of the mutual covenants contained herein, the parties agree
as follows:
1. The STATE agrees to make the surveys, prepare plans and specifications, obtain the
necessary rights of way, receive bids and award the contracts, furnish engineering
inspection during construction and cause the improvement to be built in accordance with
the approved plans, specifications and contracts.
2. The CITY agrees to provide the STATE all pertinent information relating to CITY owned
water main that requires any relocation and/or readjustment; at no cost to the STATE.
The STATE agrees to integrate the CITY's water main details into the project plans.
3. The STATE agrees to pay all right of way, utility, construction and engineering costs,
subject to reimbursement by the CITY as hereinafter stipulated.
Work Item Total Cost Federal State City
Deck Patching & Misc. Structure Repairs
to Fox River Bridge
Combination Roadway Lighting
Traffic Signals: IL 47 @ IL 26
Combination Roadway Lighting
Combination Roadway Lighting
$125,000 $100,000
$25,000
$0
(80%)
(20%)
$150,000 -$120,000."
$4 ;000
$15;000
.
(:101%)
$14,000 $0
$0
$14,000
(100%)
$11,000 $0 $0 $11,000
(100%)
$14,000 $0 $0 $14,000
(100%)
Work Item
Total Cost Federal State City
Traffic Signals: IL 47 @ Van $200,000 $160,000 $20,000 $20,000
Emmon Street (80%), (10 6l0) (10%)
Combination Roadway Lighting
Traffic Signals: 'IL 47 ;@
Somonauk Street
Combination Roadway Lighting
Traffic Signals: IL 47 @ Landmark
Avenue
Combination Roadway Lighting
$14,000 $0
$14,000
$14,000
$200,000
$15,000
$0 $14,000
(100%)
$0
$0
$14,000
(100%)
100 `
$2Q000
$201000
%)
(110°10)., '
° '.,(10%)
$0
$0
$14,000
(100%)
00 '
Aid",
%)
{20610)
$0
$0
$14,000
(100%)
00
$2011000,"',
,$20,000
$0
$0
$14,000
(100%)
$0
$0 $15,000
(100%)
New Elective 5' Concrete
Sidewalk (Where None Currently
Exists)
$310,000 $248,000
(80%)
$0 $62,000
(20%)
Work Item Total Cost Federal State City
Elective 10' Wide Hot Mix Asphalt $270,000 $216,000 $0 $54,000
Shared Use Trail (80%) (20%)
Relocation of Water Main that $970,000 $0 $0 $970,000
Post Dates State Highway (100%)
(Includes Mainlines, Service Lines,
Valves Hydrants, Etc.)
Sanitary Sewer Relocation to Meet $320,000
IEPA Requirements
L-UUC RIVI lb nUt4UU*LUU UY silty'
Concrete Color Additive for Texas $19,000
Rail, Crosswalks, Sidewalks &
ADA Curb Ramps at Locations
Specified by City
$0 $320,000
(100%)
$0 $19,000
(100%)
Galvanized Fencing $43,000 $34,400 $8,600 $0
(80%) (20%)
Work Item Total Cost Federal State City
Optional Texas Type Barrier Wall
City elects 430 lineal foot of "Texas
type rail" concrete barrier wall between
traffic lanes and walkways in downtown
at $900 per foot. State's standard
concrete parapet wall is @ $450 per
yard, which equates to 50% city's cost
of city's optional Texas barrier.
City's Estimated 50% of Cost for Texas $65,000 $0 $0 $65,000
Type Barrier Wall (100%)
State's Estimated 50% of Cost for $65,000 $52,000 $13,000 $0
Texas Type Barrier Wall (80%) (20%)
Optional Foundations & Conduit
City elects concrete foundations and $125,000
$0 $0 $125,000
underground conduit for future
(100%)
roadway lighting between IL 126 and
4'e47 .., .d..,.
Spring Street.
.x ,�,.Sr,^a2.,... .> .s ..C-,. s`R' �X� .. °„?�;;'. S`�3. ,�' 5rs
City's Optional Crosswalk Flashing $18,000
$0 $0 $18,000
Beacon at IL 47 & Orange Street
(100%)
Subtotals 1 $39,704,500 1 $30,362,000 1 $7,326,000 1 $2,016,500
Land Acquisition
$7,,5}.00,000
$0 $7,500,000 $0
4'e47 .., .d..,.
... .,. ,.
.x ,�,.Sr,^a2.,... .> .s ..C-,. s`R' �X� .. °„?�;;'. S`�3. ,�' 5rs
• 1` Y,.,v� .�. ,�$ .�.
Work Item Total Cost Federal State City
Subtotal $53,210,175 $34,916,300 $15,974,900 $2,318,975
Grand Totals $53,218,175 $34,922,700 $15,976,500 $2,318,975
Cost to City $2,310,975
Say $2,311,000
The CITY's share for traffic signal installation/modernization at locations cited in this
agreement will not exceed 125 percent of the total local share estimated cost of $135,000
plus the 15 percent charge for engineering. (NOTE: The 125 percent maximum cost
applies only to traffic signals and no other items of this contract that the CITY is to share in
costs.) Cost of combination roadway lighting is above the STATE's standard of traffic
signals, consequently the mast arms, controller, cables, luminaries and colorization of any
of these items are at 100 percent CITY cost.
4. The CITY's cost participation shall be predicated on the percentage proration shown in the
above cost table for the specified work. The CITY's cost shall be determined by
multiplying the final quantities, times the awarded contract unit prices, plus an additional
15 percent charge for preliminary and construction engineering.
5. The CITY agrees to pass and approve a resolution appropriating $2,311,000 to reimburse
the STATE for the CITY's share of cost for work described in the provisions of this
agreement and cited in the related project design plans. The CITY further agrees to pass
and approve appropriation of an additional $18,000 which represents the CITY's 25
percent funding match to STPU fund program to be applied to the cost of emergency pre-
emption units on all traffic signals that are to be constructed and/or modernized in
conjunction with this subject project. This is included in said resolution attached hereto as
Exhibit #3.
6. The STATE and CITY mutually agree to a 10 year time period (120 payments)for the CITY
to complete its full reimbursement to the STATE for the city's share of cost relating to this
subject project.
7. The CITY hereby agrees to the terms of the said 10 year payment plans areas follows:
a. The CITY agrees to 120 payments to the STATE within a 10 year period (based on 12
months per year times 10 years).
b. The CITY agrees to an adjustable dollar value of the 120 payments it pays to the STATE
so to better reflect anticipated changes to the CITY's cost share related to the subject
project. As cited in the above cost table, the CITY's estimated cost is $2,311,000.
Based on this estimated cost divided by 120, the CITY's estimated cost of each payment
is $19,258.33. However, awarded bid unit prices and unforeseen changes in quantities
and/or scope of work will most likely result in a different actual cost to the CITY.
Consequently, the CITY's estimated billing payment will need to be adjusted to better
represent real costs, based upon the bid unit prices of the awarded contract times
anticipated quantities cited in the plans. The resulting invoice billing to the CITY can be
higher or lower than the current estimated $19,258.33 payment.
c. It is mutually agreed that the STATE`s billing to the CITY shall commence following
award of the STATE's Contract#66671. The CITY's payment to the STATE will initially
be based upon the bid unit prices of the awarded contract times anticipated quantities
cited in the project plans. The CITY agrees this figure can be adjusted due to changes
in scope of work and/or quantities.
d. The STATE and CITY mutually agree that at or near the 36th month of the payment plan
when the subject project is completed and approved by the STATE, contract is finaled
and final costs are known, the STATE will adjust the CITY's bill to an equal payment
applied to the remaining life of the 10 year payment plan. This last monthly variable cost
adjustment will be based on the bid unit prices of the awarded contract times final
quantities that are applicable to the CITY share cost, plus any outstanding cost balance
the CITY owes to the STATE.
e. The CITY agrees that the CITY's final costs will be based on the bid unit prices of the
awarded contract and final quantities.
f. The CITY pledges to have adequate funding made available to pay the required 120
payments to the STATE, currently estimated at $19,258.33, yet subject to another
adjustment payment amount following award of the contract and completion of the
contract.
g. The CITY agrees that the STATE reserves the right to extract funds from the CITY's
Motor Fuel Tax Allotment should the CITY fail to meet the required payments. (As of
July 2011, the CITY's monthly MFT allotment is $35,254.23, with a current balance of
$331,484.97.) The CITY remains obligated to pay the balance due in accordance with
the terms of this agreement.
h. The CITY acknowledges that pursuant to Public Act 96-1435, debt which is outstanding
and not adhering to the said 120 adjustable payments can result in a minimum 10
percent of the balance due and must be assessed interest at the same rate as permitted
in the State Prompt Payment Act.
� 4
The CITY acknowledges that the CITY's failure to meet the terms of this payment plan is
a violation and breach of this agreement and shall establish a presumption in favor of the
STATE to exercise all available measures of the Illinois Department of Transportation to
recover any required funds from the CITY, and by means of the full extent of the law.
Such matters will be referred to the Illinois Department of Transportation, Bureau of
Claims.
8. The CITY agrees to assume full maintenance responsibilities of all emergency pre-
emption units installed with this contract.
9. It is mutually agreed by the STATE and the CITY that all CITY owned streets and/or alleys
that intersect Illinois 47 and 126 and US 34 and are impacted and thereby reconstructed
by the STATE due to the highway project, will remain under the jurisdiction of the CITY at
all times.
10. The CITY agrees to assume all cost of improvements on Somonauk Street that extend
beyond the radii returns with Illinois 47. These CITY improvements were added to the
STATE's contract at the request of the CITY. The CITY further agrees to obtain all
necessary easements along Somonauk Street so to accommodate the requested
reconstruction of roadway. The STATE reserves the right not to provide the said
extension work on Somonauk Street should the CITY fail to secure the necessary
easements and/or right of way.
11. The CITY agrees to assume all costs relating to all required relocation and/or adjustment
of CITY water main, sanitary lines and any other utilities currently located within the
STATE right of way, due to the STATE's subject project. All relocated and/or adjusted
CITY utilities remain the jurisdiction of the CITY.
12. The CITY agrees to assume all cost of CITY optional utility installation, relocation and/or
adjustments the CITY elects to implement beyond the STATE's right of way. The CITY
further assumes full responsibility of securing all easements for all optional utility work. It
is mutually agreed that the STATE's contractor reserves the right not to provide the CITY's
optional installation, relocation, and/or adjustments of utilities should required easements
are not secured. STATE will provide all documentation.
13. The CITY agrees to obtain all necessary EPA permits and provide or cause to provide all
necessary field inspection of the placement of all new water main and service lines and
coordination with STATE personnel, residents and businesses affected by the proposed
water main work, at no cost to the STATE. The CITY further agrees to be present and
observe the contractor's hydrostatic and disinfectant testing of water main and related
appurtenances, at no cost to the STATE. Presence of a CITY representative overseeing
city utility relocation/adjustment is critical to assure proper installation, required alterations
in plans in the field due to unforeseen problem, minimizing disruption of services to
businesses and residents and assuring operations of the utilities that meet CITY standards
and CITY expected levels of service. The CITY further agrees to provide such presence
of field inspection during the construction of all CITY owned sanitary lines and all other
CITY utilities, at no cost to the STATE.
1 h
14. The STATE agrees to assume all costs of relocating and/or adjusting all CITY owned
utilities that are impacted by the STATE's subject project that currently exist beyond the
STATE's right of way.
15. The CITY agrees to exercise its franchise right to cause private utilities to be relocated at
no expense to the STATE.
16. The CITY agrees to assume full maintenance of the vegetative/bio swales upon
completion of their construction. The CITY's responsibility of the said bio-swales includes,
but not necessarily limited to drainage, planting, landscaping, mowing, trimming, insect
abatement, litter/debris clean up, repair, cleaning, security, safety (pedestrian and
motorist), avoiding sight obstructions, etc.
17. The CITY agrees that upon completion of the project to maintain all storm sewer and
appurtenances by performing those functions necessary to keep the sewer in serviceable
condition, including cleaning sewer lines, inlets, manholes, catch basins along with repair or
replacement of inlet, manhole and catch basin frames, grates or lids. The CITY further
agrees to repair and/or reconstruct structural failures to a maximum length of 12 feet
between adjacent manholes.
18. The STATE agrees to assume responsibility for repairs and/or reconstruction of storm sewer
system that exceeds the routine maintenance of the CITY as cited in the above paragraph.
19. The CITY agrees that no future storm sewer connection or additional water discharge will be
added to the storm sewer system that is being constructed as part of this project. The CITY
agrees to advise the STATE and obtain permit to routing any additional discharge to storm
sewer capacity constructed as part of this contract.
20. The CITY agrees to assume jurisdiction of any optional storm sewer, water main, sanitary
sewer and/or other CITY utilities the CITY elects to construct, be it under this contract and
with the STATE's contractor (on or off the STATE's rights of way).
21. The CITY agrees to assume full maintenance of the hillside location on the west side of
Illinois 47 between Van Emmon and Fox Streets bought by the State of Illinois and hereby
identified as Parcels 3KC0052 and 3KC0053. The CITY's maintenance of this property will
include, but not necessarily be limited to, mowing, trimming, landscaping, watering, cleaning
of debris and litter, erosion control, drainage, sidewalk repair insect abatement, repair of any
vandalism or graffiti, policing, preventing any and all private advertising, placing, displaying
of items and/or use of property for private use or benefit.
22. The CITY agrees that any modifications to Parcels 3KC0052 and 3 KC0053 described in the
above paragraph that exceed routine maintenance will require previous review and
approved permit from the STATE.
23. The CITY agrees to assume full jurisdiction of storm sewer located on permanent easement
on property Parcel 3KC0054 (also identified as the Jeff Muellner property at 301 South
Bridge Street). The storm sewer extends from the top of the hillside to the storm sewer
constructed along Illinois 47 (Bridge Street). The CITY has entered into a redevelopment
agreement relating the said property. A copy of the agreement is attached hereto as Exhibit
#8 and made a part hereof.
� 4
24. The CITY agrees to assume full maintenance of all shared use trails constructed as part of
this project. Full maintenance includes all cost of material and labor for repair and/or
replacement of signing, striping , mowing, landscaping, drainage, surface repair, clearing of
debris and trash, removal of graffiti, policing etc.
25. The CITY agrees to assume responsibility of the preservation, repair and/or of the
enhancement features it has elected to include in this project. These items include but are
not necessarily limited to the Texas type railing, colored concrete, crosswalks, accented
walkways and sidewalls of ramped sidewalks, enhancement lighting fixtures, landscaped
medians, etc. Preservation of these features may require periodic repair due to weathering,
vehicular collisions, vandalism (such as defacement with graffiti), etc.
26. The STATE agrees to complete the regrading of the hillside in accordance with the plans
and seed the area. The STATE further agrees to assume all cost and provide labor to make
any necessary landscaping corrections and/or repairs to assure good groundcover growth is
established. The STATE will monitor and assess the groundcover for one full year after the
planting of the said groundcover prior to the CITY assuming future maintenance of the
property. Upon one full year of growth to ground cover and mutual acceptance of the
ground cover by representatives of the CITY and STATE, the CITY will thereby assume full
maintenance of the said hillside.
27. Upon final field inspection of the improvement and so long as Illinois 47 (Bridge Street),
Illinois 26 (Schoolhouse Road) and US 34 (Veterans Parkway) are used as state highways,
the STATE agrees to retain jurisdiction and maintain or cause to be maintained all traffic
lanes and curb and gutter, stabilized shoulders and road side drainage ditches adjoining to
the traffic lanes.
28. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to be
maintained those portions of the improvement which are not maintained by the STATE. The
CITY agrees to maintain all areas behind the roadway curb including sidewalks, ramped
sidewalk (including retaining wall of ramps), railings, shared use trails, (including
maintenance of signs) parkways, guardrails, crosswalks, stop lines, railing, fencing, etc.
Further, all repair and/or replacement of signing serving traffic exiting private/commercial
access drives are the sole responsibility of the CITY.
29. The CITY agrees to continue to maintain traffic signals as it has to date. All existing traffic
signals and roadway lighting are to be replaced. No additional traffic signals are to be
installed at new locations. Accordingly, the same share of cost of energy and maintenance
costs remain.
30. It is mutually agreed that maintenance and energy costs for the cited traffic signals will
remain unchanged and remain in accordance with the current ongoing master agreement
executed by the CITY on June 30, 2011. The CITY shall maintain or cause to maintain the
said traffic signals and charge the STATE in accordance with the percentages cited in the
master agreement. An excerpt of the master agreement citing share of energy and
maintenance costs is attached hereto as Exhibit #7.
31. The CITY agrees to assume all maintenance and energy costs for all roadway lighting that is
to be constructed with this project. This includes all free standard highway lighting items,
combination roadway lighting and optional enhancement lighting that the CITY has elected
to construct at a later date. All conduit and foundations constructed for the future
enhancement lighting shall be at full cost to the CITY and become full jurisdiction of the
CITY.
32. The CITY agrees to assume 100 percent jurisdiction of the flashing crosswalk beacons
detection units that are to be installed with this project.
33. The CITY agrees to assume the jurisdiction of a portion of roadway located on the west side
of Illinois 47 approximately 165 feet south of US 34. The roadway currently serves as an
access drive to the north side Walgreens and a few other retail stores. Identified as FAP
326, Frontage Road #4.55, this 0.03 mile (160 foot) long drive is technically part of the
STATE road inventory. As described in attached Exhibit #2 and Addendums #1 and #2
plan sheet, effective 21 calendar days after the STATE's final inspection of the completed
work of Illinois 47 project, the CITY assumes jurisdiction of this roadway
34. The CITY agrees to enforce an existing parking ordinance prohibiting parking on various
roadways that are to be improved with this project. These locations include the following:
on both sides of Illinois 47 from Illinois 71 northerly to Kennedy Road, on both sides of
Illinois 126 from Illinois 47 easterly to Mill street, and on both sides of US 34 from
Cannonball Road easterly to Mc Hugh Road. A copy of the parking ordinance is attached
hereto as Exhibit #4.
35. The CITY agrees to continue its enforcement of an existing ordinance prohibiting discharge
of sanitary sewage and industrial waste water into any storm sewers. An excerpt of the
ordinance is attached hereto as Exhibit #5.
36. The CITY agrees to continue its enforcement of an ordinance regulating encroachment
along both state highways and city owned streets and alleys. A copy of the ordinance is
attached hereto as Exhibit #6.
37. The CITY agrees to provide written approval of the plans and specifications relating to this
project. The CITY's written approval is required prior to the STATE's advertising for the
aforedescribed improvements.
38. The STATE agrees to invite representatives of the CITY to mutually inspect the completed
project prior to the STATE's approval of work.
39. The STATE and CITY agree that in the event any work is performed by other than CITY
and/or STATE forces, the provision of"an act regulating wages of laborers, mechanics and
other workers employed in public works by the state, city, county or any public body or
political subdivision or anyone under contract for public works" (Illinois Compiled Statute,
820 ILCS 130/1) shall apply.
40. The STATE and CITY, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this agreement. The STATE and
CITY shall carry out applicable requirements of 49 CFR, part 26 in the award and
administration of STATE assisted contracts. Failure by the STATE to carry out these
requirements is a breach of this agreement, which may result in the termination of this
agreement or such remedy as the STATE deems appropriate.
41. Obligations of the STATE and CITY will cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or federal funding
sources fail to appropriate or otherwise make available funds for this contract.
42. It is mutually agreed that if any provision of this agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provisions of this agreement is invalid or
unenforceable, but that by limiting such provision the agreement becomes valid and
enforceable, then such provision shall be deemed to be written, construed and enforced as
so limited.
43. This agreement and the covenants herein shall be null and void in the event that the
contract covering the construction work contemplated herein is not awarded within five years
subsequent to execution of this agreement.
44. This agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.
This agreement is passed and approved by the Council of the United City of Yorkville of Kendall
County, Illinois, this /3 day of S15:-P-MM864 ) 2011.
Approved Attest
lvamf
Gary J. r�lki-' ayor of Yorkville h War&n, r3iTy Clbrk
_ Ta r %I 1 q bg/i/
Date Date
Illinois Department of Transportation
CLI;;� S6L % M''
By: Christine M. Reed, P.E.
Director— Division of Highway
Chief Engineer
NA'qOVA
Date �
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Illinois Department
of Transportation
Exhibit 2
Local Agency-State
Jurisdictional Transfer
LocalAgency
Type of Sys ems Transfer
Munici alit : City of Yorkville
Type 1
From: State Highway System
To: Local Highway System
Type 2
From: Local Highway System
To: State Highway System
Townshi /Road District:
Count Of Kendall Count
Section Number: (5CS, 13C, 108, 109)R_____7
Indicate Tyge of Systems Transfer: 1
The above local agency, and the State of Illinois, acting by and through its Department of Transportation, agree to transfer
the jurisdiction of the designated location in the manner indicated above under Type of Systems Transfer.
Location Description
Name N/A Route FAP 326 (Frontaae Rd. #4.55) — Lencith .03 Mile (160')
Termini FrQrn the access drivp of WaInreens (1c)r;itpd on west side of IL 47 & +16.S'.-;outh of US 34) and extend*no
This transfer ❑ does ® does not include Structure No.
The transfer ❑ does ® does not include a transfer to land rights (4-508). If it does, attach letter of intent approved by the
Department.
WHEREAS, the authority to enter into this contract is granted the STATE by Section 4-409 of the Illinois Highway Code and
the authority to make changes in the State Highway System is granted the State under Section 2-101 of the Illinois Highway
Code.
Include for Municipalities Only
WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of
the Illinois Highway Code.
NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the
transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1
and a copy of the ordinance as Addendum No. 2, and
Include for Counties Only
WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5-105 of the
Illinois Highway Code.
NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of
the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No, 1 and a copy
of the resolution as Addendum No. 2, and
Include for Township/Road Districts Only
WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner
under Section 6-201.3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part
hereof a copy of a location map as Addendum No. 1, and
IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective 21 calendar days after:
(check one)
® Final Inspection by the State (Type A) ❑ Execution of Agreement
❑ Acceptance by the State ❑ Approval of Land Conveyance
❑ Other:
Supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this jurisdictional
transfer.
Supplement
(Insert supplement numbers of letters and page numbers,if applicable.)
IT IS FURTHER AGREED, that the provisions of this jurisdictional transfer shall be binding and inure to the benefit of the
parties hereto, their successors and assigns.
Printed 6/21/2011 BLR 05210(Rev.04/08/08)
CITY OF YORKVILLE AGREES TO ASSUME
Ai THE ENTIRE LENGTH OF ROADWAY FROM WALGREENS t
THE WALGREENS ENTRANCE DRIVE II
SOUTHERLY TO THE NEXT ENTRANCE DRIVE lI °Illl
PROVIDING ACCESS TO ILLINOIS 47
(BRIDGE STREET), BEING AT AN APPROXIMATE
LENGTH OF 160 FEET AND 14 FEET IN WIDTH y II II
OT (FACE TO FACE OF CURB . I
PARKING L07
TI II �II
WV V r� PARKING 07 BIT / C II
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ADDENDUM #2
Page 1 of 2
Ordinance No. 2011-
AN ORDINANCE REGARDING ACCESS DRIVE ROADWAY LOCATION
NEAR THE INTERSECTION OF US 34 AND ILLINOIS 47,
TO BE TRANSFERRED FROM THE STATE OF ILLINOIS TO THE
JURISDICITION OF THE UNITED CITY OF YORKVILLE
WHEREAS, the United City of Yorkville, hereinafter referred to as the CITY, has
entered into an agreement with the State of Illinois, through its Department of Transportation,
herein referred to as the STATE. The said agreement relates to the reconstruction of Illinois
47, also know as Bridge Street, between Illinois 71 northerly 3.25 miles to just north of
Carpenter Street. The said project is identified as Illinois 47 (FAP 326), State Section (5CS,
13C, 108, 109)R, Job No. C-93-063-05, Contract 66671.
WHEREAS, as part of the said Illinois 47 project, the STATE is to reconstruct a portion
of unmarked sate roadway located on the west side of Illinois 47 (Bridge Street) and just south
of US 34 (Veterans Parkway). The roadway, identified as the STATE's FAP 326 Frontage
Road #4.55, currently serves as an access drive serving Walgreens and various other
commercial establishments. The said frontage road is 0.03 mile (160 feet) in length extending
from the access drive/parking lot of Walgreens and extending north to the next access drive
connecting to Illinois 47. Width of the frontage road is 14 feet face to face of curb.
WHEREAS, the said frontage road no longer serves as a regional state highway.
Rather, its function serves adjoining local businesses and would be better administered by the
local interests of the CITY.
WHEREAS, the CITY acknowledges the local nature of the said frontage road.
Therefore, the CITY agrees to assume jurisdiction of the subject curb and gutter urban
pavement type FAP 326 Frontage Road#4.55 and add it to the CITY municipal street system.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois that the CITY shall assume full jurisdiction
and add to the CITY municipal street system, FAP 326 Frontage Road #4.55, from its
intersection with the access drive/parking lot of the Walgreens store and extending northerly a
total length of approximately 0.03 mile (160 feet) to the next access drive connecting to Illinois
47 (Bridge Street), being 14 feet wide (face to face of curb), in its entirety. The said
jurisdictional transfer of the said FAP 326 Frontage Road #4.55 to the CITY shall become
effective 21 calendar days after the STATE's final inspection of the reconstruction of the
related roadway.
r
ADDENDUM #2
Page 2of2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
13-day of Se % , A.D. 2011.
melon-
CITY CLER V
ROSE ANN SPEARS t DIANE TEELING
GEORGE GILSON JR. , JACKIE MILSCHEWSKI
CARLO COLOSIMO MARTY MUNNS
�l
CHRIS FUNKHOUSER T LARRY KOT
Approved by me, as Mayor of the
this _2T day of-5f r-nLik 2011.
United City of Yorkville, Kendall County, Illinois,
AW14a.
MAYO
EXHIBIT NO. 3
Page 1 of 3
Resolution No. 2011- '-i
RESOLUTION APPROPRIATING FUNDS FOR THE RECONSTRUCTION
OF ILLINOIS 47 (BRIDGE STREET) FROM JUST NORTH OF
ILLINOIS 71 TO JUST NORTH OF CARPENTER STREET
WHEREAS, the city of Yorkville of Kendall County, Illinois, hereinafter called the
CITY, has entered into an agreement with the state of Illinois through its Department of
Transportation, hereinafter called the STATE, of which the said parties are to participate in
sharing certain coasts for the widening of Illinois 47 (FAP 326) corporate limits; identified
under State Section (5CS, 13C, 108, 109)R, also known as Bridge Street, from approximately
400 feet north of Illinois 71 extending northerly 3.25 miles to a point approximately 330 feet
north of Carpenter Street. The said project is identified under sate Job No. C-93-064-05 and
Contract 66671. Also to be reconstructed is an approximate 0.5 mile portion of US 34
(Veterans Parkway) between Center Parkway and just west of Marketplace Drive.
WHEREAS, in compliance with the aforementioned agreement, it is necessary for the
CITY to appropriate GENERAL FUNDS and/or OTHER FUNDS to pay its reimbursement to
the STATE for the engineering and construction costs of utility adjustments, traffic signal
modernization, sidewalk, shared use trails, and elective enhancements related to the Illinois 47
(Bridge Street) widening.
WHEREAS, in accordance with the terms of the related city-state agreement for the
subject project (Contract No. 66671), the STATE and CITY have agreed to a 10 year payment
plan as a means for the CITY to reimburse the STATE for the CITY's share of cost for
engineering and construction. The CITY hereby agrees to the terms of the 10 year payment
plan cited in provisions "7a through 7i" of the city-state agreement.
WHEREAS, the CITY's engineering and construction costs for the said Illinois 47
(Contract 66671) project is estimated at $2,311,000. The CITY agrees to make 120 payments
to the STATE over the 10 year life of the payment plan. Each payment is estimated at
$19,258.33, which is subject to an adjustable dollar value. Awarded bid unit prices and
unforeseen changes in quantities and/or scope of work will most likely result in a different
actual cost to the CITY. Consequently, the CITY's estimated installment payments will need
to be adjusted to better represent real costs, based upon bid unit prices of the awarded contract
times anticipated quantities cited in the project plans. This resulting billing to the CITY can be
higher or lower than the current estimated $19,358.33 installment payment.
WHEREAS, the STATE's billing to the CITY will commence following the STATE's
award of Contract No. 66671. The CITY's installment payments to the STATE will initially be
1
• EXHIBIT NO. 3
Page 2 of 3
based upon bid unit prices of the awarded contract times anticipated quantities cited in the
project plans. The CITY agrees this figure can further be adjusted to changes in scope of work
and/or quantities.
WHEREAS, the STATE and CITY mutually agree that at or near the 36th month of the
payment plan when the Illinois 47 (Contract No. 66671) project is completed and finaled and
actual costs are known, the STATE will adjust the CITY's billing to an equal payment applied
to the remaining payments (life) of the 10 year payment plan. This last variable cost adjustable
will be based on the bid unit prices of the awarded contract times the final quantities that are
applicable to the CITY's share cost, plus any outstanding cost balance the CITY owes to the
STATE. The CITY agrees to pay all its fiscal obligations to the STATE within the said 120
payment plan.
WHEREAS, the CITY agrees to make 120 payments based on invoices from the
Illinois Department of Transportation Central Office, Bureau of Project Implement Local
Agency Agreement Billing Unit in Springfield, Illinois.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois that the CITY shall appropriate Two
Million, Three Hundred and Eleven Thousand Dollars ($2,311,000) or so much thereof as may
be necessary to pay its obligations, from money now and hereafter allotted to the CITY to pay
its share of engineering and construction costs cited in the related city-state agreement.
BE IT FUTHER RESOLVED, by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois that a 10 year (120 month) payment plan is hereby
authorized and approved. The 120 billings are subject to value dollar adjustment as previously
described in this resolution. The CITY's full costs will be based on the unit prices of the
awarded contract times the final quantities of the completed project.
BE IT FURTHER RESOLVED, by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois that a supplemental resolution to provide additional funds
if the amount appropriated herein proves to be insufficient to cover its share of the costs shall
be passed.
Passed by the City Co cil of e United City of Yorkville, Kendall County, Illinois this
1 day of , A.D. 2011.
CITY CLERK
N
. h
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. JACKIE MILSCHEWSKI
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
EXHIBIT NO. 3
Page 3 of 3
T
T
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this-R day of5ggretnbf k 2011.
MAY
EXHIBIT #4
Page 1 of 2
Ordinance No. 2011-�
AN ORDINANCE REGULATING PARKING ON
ILLINOIS 47 (BRIDGE STREET) AND US 34 (VETERANS PARKWAY)
IN YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the City of Yorkville of Kendall County, Illinois has entered into an
agreement with the State of Illinois for the improvement of Illinois 47 (FAP 326), Section (5CS,
13C, 108, 109)R also known as Bridge Street. The said project involves the reconstruction of
Illinois 47 (Bridge Street) from an existing two lane facility to a five lane roadway. This same
project includes reconstruction of a 0.40 mile portion of US 34 adjoining Illinois 47.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois regarding
• both sides of Illinois 47 (Bridge Street) from 1,000 feet south of Illinois 71 extending
northerly approximately 3.62 miles to Kennedy Road; and
• both side of US 34 (Veterans Parkway) from Cannonball Road easterly approximately
1.56 miles to Tuma Road:
Section 1: That in order to provide the health, safety, and welfare of its citizens, parking
will be prohibited at both locations.
Section 2: Any person, firm, or corporation violating the provisions of this ordinance shall
be fined not less than $ 0 nor more than $ '750.00 for each offense.
Section 3: That further ordinances shall be enacted requiring parking restrictions at
locations immediately adjacent to the improvement as may be determined to be necessary by
the STATE from results of traffic capacity studies when construction of the above described
state section has been completed and the highway has resumed normal operations.
Section 4: This ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed by the City Council of th United City of Yorkville, Kendall County, Illinois this
_day of xpm , A.D. 2011.
Z IM�Znll-
CITY CLERK
1
ROSE ANN SPEARS
GEORGE GILSON JR.
CARLO COLOSIMO
CHRIS FUNKHOUSER
DIANE TEELING
JACKIE MILSCHEWSKI
MARTY MUNNS
LARRY KOT
r
EXHIBIT # 4
Page 2 of 2
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 9? day of SF Tf M b"k 2011.
MAY
2
in ,
EXHIBIT #5
Page 1 of 2
Ordinance No. 2011-
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the United City of Yorkville of Kendall County, hereinafter known as the
CITY, and the state of Illinois, acting by and through its Department of Transportation,
Division of Highways, hereinafter known as the STATE, have entered into an agreement
relative to the improvement of Illinois 47 (FAP 326) also known as Bridge Street, from
approximately 400 feet north of Illinois 71 and extending northerly 3.25 miles just south of
Kennedy Road.
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY to
adopt an ordinance regulating encroachments on the right of way for Illinois 47 (Bridge Street)
between Illinois 71 and Kennedy Road and US 34 between Cannonball Trail and Tuma Road
in accordance with the following definition:
Roadway Right of Way is defined as those areas existing or acquired by dedication or by
fee simple for highway purposes; also, the areas acquired by temporary easement during
the time the easement is in effect;
Project Right of Way is defined as those within the project right of way lines established
jointly by the City, State, and the Federal Highway Administration which will be free of
encroachments except as hereinafter defined;
Encroachment is defined as any building, fence, sign (excluding certain signs located
over sidewalks), or any other structure or object of any kind (with the exception of
utilities and public road signs), which is placed, located, or maintained in, on, under, or
over any portion of the project right of way or the roadway right of way where no
project right of way line has been established;
Permissible Encroachment is defined as any existing awning, marquee, advertising sign,
or similar overhanging structure supported from a building immediately adjacent to the
limits of the platted street where there is a sidewalk extending to the building line and
which does not impair the free and safe flow of pedestrian traffic and traffic on the
highway. The permissive retention of overhanging signs is not to be construed as being
applicable to those signs supported from poles constructed outside the project right of
way line and not confined by adjacent buildings;
Construction Easement Area is defined as area lying between the project right of way
limits and the platted street limits within which the CITY, by concurrence in the
establishment of the project right of way lines, will permit the STATE to enter to
perform all necessary construction operations.
1
EXHIBIT #5
Page 2 of 2
WHEREAS, representatives of the CITY and the STATE have cooperatively
established project right of way lines and have mutually determined the disposition of
encroachments.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois:
Section 1: It shall be unlawful for any person, firm, or corporation to erect or cause to be
erected, to retain or cause to be retained, any ENCROACHMENT (herein above defined),
within the limits of the project right of way or roadway right of way where not project right of
way lines have been established.
Section 2: This ordinance is intended to and shall be in addition to all other ordinances,
rules, and regulations concerning encroachments and shall not be construed as repealing or
rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.
Section 3: Any person, firm, or corporation violating this ordinance shall be fined not
less than $ Q nor more than $ ']50.00 for each offense, and a separate offense
shall be deemed committed for each and every day during which a violation continues or exists.
Section 4: This ordinance shall be published one time within ten days after its passage in
a newspaper having a general circulation in the United City of Yorkville, Kendall County,
Illinois and shall be in full force and effect after its passage, publication, and approval as
provided by law.
Passed by the City Council o the United City of Yorkville, Kendall County, Illinois this
L3 day of V , A.D. 2011. "/
CITY CLERK
ROSE ANN SPEARS DIANE TEELING y
GEORGE GILSON JR. JACKIE MILSCHEWSKI r
� f
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this�day of S E 'T-md' 2011.
MAYO
2
EXHIBIT #6
PAGE 1 OF 7
Ordinance No. 2010-t6__
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS
TO PROVIDE FOR THE REGULATION OF ILLICIT DISCHARGES
AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall
County,Illinois,that the City Code be and is hereby amended to add the following new Chapter 17 to
Title 8:
CHAPTER 17
PROVISIONS REGULATING NON-STORM WATER DISCHARGES
AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
8-17-1: Purpose. The objections of this chapter are to provide for the health, safety, and general
welfare of the citizens of the United City of Yorkville through the regulation of non-storm water
discharges to the municipal separate storm sewer system to the maximum extent practicable as
required by federal and state law. This chapter establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system in order to complywith requirements of
the National Pollutant Discharge Elimination System (NPDES)permit process by:
(1) Regulating the contribution of pollutants to the municipal separate storm sewer system by
stormwater discharges by any user;
(2) Prohibiting illicit connections and discharges, as hereinafter defined, to the municipal
separate storm sewer system; and,
(3) Establishing legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this chapter.
8-17-2: Definitions. For the purposes of this chapter, the following shall mean:
Authorized Enforcement Agency: Employees or designees of the Mayor of the United City of
Yorkville designated to enforce the provisions of this chapter.
Best Management Practices: Schedules of activities,prohibitions of practices,general good house
keeping practices,pollution prevention and educational practices,maintenance procedures,and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to
stormwatcr,receiving waters,or stormwater conveyance systems. Best Management Practices also
include treatment practices, operating procedures, and practices to control site runoff, spillage or
leaks, sludge or water disposal, or drainage from raw materials storage.
EXHIBIT #6
PAGE 2 OF 7
Clean Water Act: The federal Water Pollution Control Act(33 U.S.C. § 1251 et seq.), as amended
from time to time.
Construction Activity:Activities subject to NPDES construction permits.These include construction
projects resulting in land disturbance of 10,000 square feet or more. Such activities include but are
not limited to clearing and grubbing, grading, excavating, and demolition.
Hazardous Materials: Anymaterial,including any substance,,waste,or combination thereof,which
because of its quantity,concentration,or physical,chemical,or infectious characteristics may cause,
or significantly contribute to,a potential substantial hazard to human health,safety,property,or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge:Any director indirect non-storm water discharge to the Municipal Separate Storm
Sewer System, as hereinafter defined, except as exempted in Section 8-17-5 of this chapter.
Illicit Connection: Any drain or conveyance,whether on the surface or subsurface,which allows an
illegal discharge to enter the Municipal Separate Storm Sewer System including but not limited to
any conveyances which allow any non-storm water discharge including sewage,process wastewater,
and wash water to enter the Municipal Separate Storm Sewer System and any connection to the
storm drain system from indoor drains and sinks,regardless ofwhether said drain or connection had
been previously allowed,permitted,or approved by an Authorized Enforcement Agency or,any drain
or conveyance connected from a commercial or industrial land use to the Municipal Separate Storm
Sewer System which has not been documented in plans,maps,or equivalent records and approved by
an Authorized Enforcement Agency.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.26 (b) (14).
Municipal Separate Storm Sewer System: Publicly-owned facilities by which storm water is
collected and/or conveyed,including but not limited to any roads with drainage systems,municipal
streets,gutters,curbs,inlets,piped storm drains,pumping facilities,retention and detention basins,
natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
National Pollutant Discharge Elimination System(NPDES)Storm Water Discharge Permit: Permit
issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that
authorizes the discharge of pollutants to waters of the United States,whether the permit is applicable
on an individual, group, or general area-wide basis.
Non-Storm Water Discharge: Any discharge to the Municipal Separate Storm Sewer System that is
not composed entirely of storm water.
Person: Any individual, association, organization,partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
am
EXHIBIT #6
PAGE 3OF7
Pollutant: Anything which causes or contributes to pollution. Pollutants may include,but are not
limited to:paints,varnishes,and solvents;oil and other automotive fluids;non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects,ordinances,and accumulations,so that same may cause or contribute to pollution;floatables;
pesticides,herbicides, and fertilizers;hazardous substances and wastes; sewage,fecal coliform and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Water: Any surface flow,runoff,and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Stornwater Pollution Prevention Plan: A document which describes the Best Management Practices
and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to a Storm
Drainage System, to the maximum extent practicable.
Wastewater: Any water or other liquid,other than uncontaminated storm water,discharged from a
facility.
8-17-3: Applicability: This Chapter shall apply to all water entering the Municipal Separate Storm
Sewer System generated on any developed and undeveloped lands unless explicitly exempted by an
authorized enforcement agency.
8-17-4: Responsibility for Administration: The City shall administer, implement, and enforce the
provisions of the Chapter.
8-17-5: Discharge Prohibitions:
A. No person shall discharge or cause to be discharged into the municipal storm drain system or
watercourses any materials,including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards,other
than storm water, except for the following:
(i) Water line flushing or other potable water sources, landscape irrigation or lawn
watering, diverted stream flows, rising ground water, ground water infiltration to
storm drains, uncontaminated pumped ground water, foundation or footing drains
(not including active groundwater dewatering systems), crawl space pumps, air
conditioning condensation, springs, non-commercial washing of vehicles, natural
riparian habitat or wet-land flows, swimming pools(if dechlorinated-typically less
than one particle per million chlorine), fire fighting activities, and any other water
source not containing Pollutants.
,,
EXHIBIT #6
PAGE 4OF7
(ii) Discharges specified in writing by the City Engineer as being necessary to protect
public health and safety.
(iii) Dye testing if a verbal notification to the City Engineer is given prior to the time of
the test,
(iv) Any non-storm water discharge permitted under an NPDES permit,waiver,or waste
discharge order issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit,waiver,or order and other applicable
laws and regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
8-17-6: Prohibited Illicit Connections: The construction,use,maintenance or continued cxistence
of Illicit Connections to the Municipal Separate Storm Sewer System is prohibited, including,
without limitation, illicit connections made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of connection.
8-17-7: Suspension of Municipal Separate Storm Sewer System Access:
A. The City may, without prior notice, suspend access to the Municipal Separate Storm
Sewer System when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the
environment,or to the health or welfare of persons, or to the Municipal Separate Storm
Sewer System or waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency,the Authorized Enforcement Agency may take
such steps as deemed necessary to prevent or minimize damage to the Municipal
Separate Storm Sewer System or waters of the United States, or to minimize danger to
persons.
B. Any person discharging to the Municipal Separate Storm Sewer System in violation of
this chapter may have access terminated if such termination would abate or reduce an
illegal discharge.The City Engineer shall notify a violator ofthe proposed termination of
its Municipal Separate Storm Sewer System access.
Municipal Separate Storm Sewer System access to premises terminated pursuant to this
Section shall not be reinstated without the prior approval of the City Engineer.
8-17-8: Industrial or Construction Activity Discharges: Any person subject to an industrial or
construction activity NPDES storm water discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a form acceptable to the City
Engineer prior to the allowing of discharges to the Municipal Separate Storm Sewer System.
EXHIBIT #6
PAGE 5 OF 7
Section 8-17-9: Monitoring of Discharges:
(a) The City Engineer shall be permitted to enter and inspect facilities subject to regulation under
this chapter as often as may be necessary to determine compliance. If a discharger has security
measures in force which require proper identification and clearance before entry into its
premises,the discharger shall make the necessary arrangements to allow access to representatives
of the City.
(b) Facility operators shall allow the City Engineer ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law. _,
(c) The City Engineer shall have the right to set up on any permitted facility such devices as are
necessary in the opinion of the Authorized Enforcement Agency to conduct monitoring and/or
sampling of the facility's storm water discharge.
(d) The City Engineer has the right to require the discharger to install monitoring equipment as
necessary.The facility's sampling and monitoring equipment shall be maintained at all times in a
safe and proper operating condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the operator at the written or oral request of the
City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the
operator.
(f) Unreasonable delays in allowing the City Engineer access to a permitted facility is a violation of
a storm water discharge permit and of this chapter.A person who is the operator of a facility with
a NPDES permit to discharge storm water associated with industrial activity commits an offense
if the person denies the City Engineer reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
(g) If the City Engineer has been refused access to any part of the premises from which stormwater is
discharged, and he/she is able to demonstrate probable cause to believe that there may be a
violation, or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program designed to verify compliance with this chapter or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the community, then the City
Engineer may seek issuance of a search warrant from any court of competent jurisdiction.
Section 8-17-10.- Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of
Best Management Practices: The City has adopted requirements identifying Best Management
Practices for any activity, operation, or facility which may cause or contribute to pollution or
EXHIBIT #6
PAGE 6OF7
contamination of storm water,the storm drain system,or waters of the United States. The owner or
operator of a commercial or industrial establishment shall provide,at their own expense,reasonable
protection from accidental discharge of prohibited materials or other wastes into the Municipal
Separate Storm Sewer System or watercourses through the use of these structural and non-structural
facilities meeting Best Management Practices requirements. Any person responsible for a property
or premise, which is,or may be,the source of an illegal discharge,may be required to implement,at
said person's expense, additional structural and non-structural facilities to prevent the further
discharge of pollutants to the Municipal Separate Storm Sewer System. Compliance with all terms
and conditions of a valid NPDES permit authorizing the discharge of storm water associated with
industrial activity,to the extent practicable,shall be deemed compliance with the provisions of this
section.
8-17-I1: Watercourse Protection: Every person owning property through which a watercourse
passes, or such person's lessee, shall keep and maintain that part of the watercourse within the
property free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate,or significantly retard the flow of water through the watercourse.In addition,the owner
or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so
that such structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
Section 8-17-12: Notification of Spills: Any person responsible for a facility or operation, or
responsible for emergency response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in Illegal Discharges or pollutants
discharging into storm water,the Municipal Separate Storm Sewer System, or water of the United
States said person shall take all necessary steps to ensure the discovery,containment,and cleanup of
such release and immediately notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of non-hazardous materials, said person shall notify the
City in person or by phone or facsimile no later than the next business day.Notifications in person or
by phone shall be confirmed by written notice addressed and mailed to the City within three business
days of the phone notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three years.
Section 8-17-13: Ultimate Responsibility: The standards set forth herein and promulgated pursuant
to this Chapter are minimum standards; therefore this Chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution, nor
unauthorized discharge of pollutants.
Section 8-17-14: Enforcement: Whenever the City Engineer finds that a person has violated a
prohibition or failed to meet a requirement of this chapter,the authorized enforcement agency may
order compliance by written notice of violation to the responsible person in accordance with the
requirements of Chapter 14, Title I of this City Code.
EXHIBIT #6
PAGE 7OF7
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Ordinance.
This Ordinance 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
\�k —Day o - A.D. 2010
ROBYN SUTCLIFF
QS
GARY GOLINSKI L )'10
WALTER WERDERICH
ROSE ANN SPEARS
DIANE TEELING
ARDEN JOSEPH PLOCHER�
MARTY MUNNS
GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville,Kendall County,Illinois, this
Day of J A1J L4,4)2 , A.D. 2010.
-/�i�A L.�-2 �L-Ak
MAYOR
Following is the list of signalized intersections and locations with traffic control devices along State highways located within or near
that are subject to the provisions of the attached Master Agreement to which this list is an Exhibit B. the City of Yorkville,
%OF %OF ENERGY
LOC. # INTERSECTION MAINTANENCE CHARGES AGENCY
RESPONSIBILITY RESPONSIBILITY PERFORMING LEVEL
1 US 34 & CENTER PARKWAY
STATE LOCAL STATE LOCAL MAINTANENCE
2 IL 47 (BRIDGE ST.) &VAN EMMON ST. (RAILROAD PREEMPT. BNSF) 50 50 S0 50 CORP 1
3 US 34 & IL 47 50 50 50 50 CORP 1
4 IL 47 & IL 71 100 0 100 0 CORP 1
5 IL 47 & IL 126 100 0 100 0 CORP 1
6 US 34 & CANNONBALL TRAIL 100 0 100 0 CORP 1
7 IL 47 &SOMONAUK ST. 50 50 S0 50 CORP 1
8 IL 47 & FOX ST. 50 50 50 SO CORP 1
9 IL 47&COUNTRY SIDE PARKWAY S0 50 50 50 CORP 1
10 IL 47 & CANNONBALL TRAIL (TRAIL(INCLUDES NB YELLOW FLASHER) S0 50 50 50 CORP 1
11 US 34 & COUNTRY SIDE PARKWAY 50 50 50 50 CORP 1
12 IL 47 & KENNEDY 67 33 67 33 CORP 1
13 US 34 & MARKET PLACE 67 33 67 33 CORP 1
14 IL 47 & LANDMARK AVENUE 67 33 67 33 CORP 1
15 US 34 & MCHUGH RD. 50 50 50 SO CORP 1
16 US 34 & GAME FARM ROAD 50 50 S0 50 CORP 1
17 IL 71 & IL 126 67 33 67 33 CORP 1
18 US 34 & BRISTOL RIDGE RD. (GRAND RESERVE) 100 0 100 0 CORP 1
19 IL 47 & WHEATION AVE. 67 33 67 33 CORP 1
20 IL 47 & SARAVANAS 67 33 67 33 CORP 1
21 IL 47 & FOUNTAIN VILLAGE 0 100 0 100 CORP 1
22 US 34 &SYCAMORE RD. 50 50 50 50 CORP 1 X
23 US 34& BEECHER RD. 0 100 0 100 CORP 1 =
24 US 34 &AUTUMN CREEK 50 50 50 50 CORP 1 X
25 IL 47& ROSENWINKEL(WATERPARK WAY) 67 33 67 33 CORP i
26 US 34 & ISABELL ST. 67 33 67 33 CORP 1
Following'is the list of signalized intersections and locations with traffic control devices along State highways located within Oor near the City 1 V
ty of Yorkville,
,, 4 1
EXHIBIT # 8
PAGE 1 OF 8
cry
United City ®f Yorkville
EST., 1836 County Seat of Kendall County
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fax: 630-553-7575
Website: www.yorkville.il.us
June 22, 2010
Mr. George Ryan, Deputy Director - Region 2 Engineer
Illinois Department of Transportation
700 E. Norris Drive
Ottawa, Illinois 61350
Re: Muellner Property— 301 S. Bridge Street
Dear Mr. Ryan:
On June 8, 2010 the City of Yorkville entered into a redevelopment agreement (attached)
with Mr. Jeff Muellner regarding his property at the southwest corner of Rt.47 and Van
Einmon Street, commonly known as 301 S. Bridge Street. This agreement will benefit the
city and the property owner while still allowing IDOT to construct the Route 47 widening
proj ect.
In accordance with this agreement, the city hereby commits to IDOT that the grading,
landscaping, and drainage improvements to be constructed by IDOT on the property at 301
S. Bridge Street will be maintained until it is redeveloped at some future date. Please revise
your right-of-way acquisition plans accordingly.
If you have any questions regarding this matter, please City Engineer Joe Wywrot at (630)
553-8527.
Very truly yours,
Valerie Burd
Mayor
Cc: Bart Olson, City Administrator
Krysti Noble, Community Development Director
Joe Wywrot, City Engineer
Jeff Muellner, Muellner Construction, Inc.
V
EXHIBIT # 8
PAGE 2 OF 8
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
Ordinance No. 2010-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KEN DALL
COUNTY, ILLINOIS, APPROVING A REDEVELOPMENT AGREEMENT
WITH 16 UE11,LNER CONSTRUCTION, INC.
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non-home-rule municipality created in accordance with Article VII,
Section 7 of the Constitution of the State of Illinois of 1970; and,
WHEREAS, the City has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs that protect the health,
safety, and welfare of its citizens; and,
WHEREAS, as part of the Illinois Department of Transportation ("IDOT")
widening and reconstruction project of Illinois Route 47, several properties along this
major north/south corridor have been or will be affected with.regard to future potential
redevelopment; and,
WHEREAS, one of the affected properties is an approximately 21,000 square
foot parcel currently owned by Muellner Construction, Inc. (the "Developer"), which is
located on the southwest corner of Illinois Route 47 and Van Emmon Street, commonly
known as 301 South Bridge Street (the "Subject Property"); and,
WHEREAS, the Developer desires to enter into separate redevelopment
agreements with the IDOT and the City that would allow for IDOT's acquisition of a
portion of the Subject Property for the purposes of widening the roadway, obtaining a
temporary easement, and demolishing the existing two (2) story brick building, and for
the Developer to convey a permanent easement to the City for the installation of public
utilities and drainage, at the Developer's expense, and land preparations such as grading,
landscaping, and maintenance, which would allow for future development of the Subject
Property; and,
EXHIBIT # 8
PAGE 3 OF 8
WHEREAS, the Developer is requesting that the City consider a future zoning
variance request to allow for a zero (0) foot building setback for that portion of the
Subject Property adjacent to the new Illinois Route 47 and Van Emmon Street frontages;
and,
WHEREAS, as part of the Redevelopment Agreement with the City, which is for
a term of ten (10) years, the Developer agrees to modify the drainage conveyances on the
Subject Property in a manner acceptable to the City and IDOT.
WHEREAS, the Corporate Authorities have determined that it is in the best
interests of the City and the health, safety, morals, and welfare of its residents that the
City and the Developer enter into the attached Redevelopment Agreement.
NOWT Y H EREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, KendaII County, Illinois, that the Redevelopment
Agreement by and between the City and Muellner- Construction, Inc., an Illinois
corporation, which is for a term of ten (10) years, be approved substantially in the form
attached hereto and made a part hereof; and the Mayor and City Clerk are hereby
authorized to execute and deliver said Redevelopment Agreement.
THIS ORDINANCE shall be in full force and effect immediately upon its
passage by the President and Board of Trustees 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. 2010.
ROBYN SUTCLIFF
GARY GOLINSKI
WALTER WERDERICH
ROSE ANN SPEARS
DIANE TEELING
ARDEN JOSEPH PLOCHER
MARTY MUNNS
GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this /0 day of J ( AIL 2010.
MAYOR
2
Prepared by and return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXHIBIT # 8
PAGE 4OF8
0 C, ►
EXHIBIT # 8
PAGE 5OF8
MU)ELLN ER CONSTRUCTION, INC. REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this 16o day of J t ltr , 2010, by and
between Muellner Construction, Inc. (hereinafter referred to as "Muellner") and the United City
of Yorkville, Kendall County, Illinois, a municipal corporation (hereinafter referred to as "City")
regarding the redevelopment of the real property located at the southwest corner of Illinois Route
47 and Van Emmon Street in Yorkville, commonly known as 301 South Bridge Street
(hereinafter referred to as the "Property")
RECITALS
WHEREAS, Muellner is the owner and developer of the Property legally described on
Exhibit A attached hereto and made a part hereof being identified by Permanent Index Numbers
02-32-287-004 and 02-32-287-006; and,
WHEREAS, the Illinois Department of Transportation (hereinafter referred to as
"IDOT") proposes to acquire a portion of the Property legally described on Exhibit B attached
hereto and made a part hereof ("Roadway Portion") for purposes of widening Route 47 and to
obtain a temporary easement over the remaining Property ("Temporary Easement Portion") and
including the right to demolish the existing building on the Temporary Easement Portion of the
Property as part of their Illinois Route 47 reconstruction project; and,
WHEREAS, Muellner wishes to retain ownership of the Temporary Easement Portion of
the Property for purposes of redevelopment for commercial uses in order to enhance the tax base
of the City and provide job opportunity for the community and it is in the best interest of
Muellner to invest in the redevelopment of the Property all as hereinafter set forth; and,
I
9 1
EXHIBIT # 8
PAGE 6OF8
WHEREAS, it has been determined that the widening of Route 47 and the
redevelopment of that Temporary Easement Portion of the Property is in the best interests of the
City and its residents.
NOW, T l[ER1 FOR1E, in consideration of the mutual promises and undertaking
contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. The Recitals hereinafter set forth are hereby incorporated into and made a part
hereof as if fully restated.
2. Muellner agrees to convey, under terms to be agreed upon between Muellner and
IDOT, the Roadway Portion of the Property to IDOT and grant an easement to IDOT over the
Temporary Easement Portion of the Property including the right to demolish the building
situated in the Temporary Portion of the Property. Within seven (7) days of IDOT recording the
Muellner right-of-way and Temporary Easement conveyance documents, Muellner shall convey
to the City a permanent easement over the Temporary Easement Portion of the Property for
public utilities and drainage.
n ft Tr,n r completes the demolition of the buiidin on the Temporary Easement
�. n1 er 1LV 1 comp g
Portion of the Property; performs all grading and landscaping as required in the plans submitted
by IDOT to the City; and, completes the Illinois Route 47 reconstruction project, Muellner
agrees to assume complete responsibility for the maintenance of the existing slope and drainage
swales and landscaping on the Temporary Easement Portion of the Property. Muellner agrees
that it shall immediately address any soil erosion or soil sedimentation issues that may arise after
the IDOT landscaping is completed.
2
I b
EXHIBIT # 8
PAGE 7OF8
4. The City shall construct a 6" sanitary sewer stub and 6" water stub to be located
along the Van Emmon frontage of the Property at the sole cost and expense of Muellner provided
that Muellner deposits with the City the total estimated cost thereof within thirty (30) days of
receipt of a written estimate from the City. Within thirty (30) days of receipt of said deposit, the
City shall arrange for the construction of said water and sewer stub and complete said
construction within 180 days.
5. Upon conveyance of the Roadway Portion of the Property by Muellner to IDOT,
the City agrees to consider a zoning variance request to allow zero-foot building setbacks along
the new Illinois Route 47 and Van Emmon Street frontages.
6. As a part of the redevelopment plan, Muellner agrees to modify the drainage
conveyances on the Property in a manner acceptable to the City and IDOT.
Parties.
7. This Agreement shall also be binding upon the successors, heirs and assigns of the
8. The term of this Agreement shall commence as of the date of execution by the
parties and terminate on its tenth (IOth) anniversary.
9. This agreement shall become null and void if Muellner does not convey property
and temporary easement to IDOT in the manner contemplated by this agreement by July 1, 2011;
otherwise to remain in full force and effect.
3
`4 4
EXHIBIT # 8
PAGE 8OF8
Tilt WN TNESS WHEREOF, the parties hereto have caused this Muellner
Construction, Inc. Redevelopment Agreement to be executed by their duly authorized
officers on the above date at Yorkville, Illinois.
Attest:
t C r
Atte ;
United City of Yorkville, an Illinois municipal
Corporation
By:
Mayor
MUELLNER CONSTRUCTION, INC.
a
By:
Its Presi n
4
o United City of Yorkville
EST. 1836 County Seat of Kendall County
800 Game Farm Road
09 JAI,'; a Yorkville, Illinois, 60560
w'
Telephone: 630-553-4350
Fax: 630-553-7575
Website: www.Vorkville.il.us
Mr. Craig Reed
Illinois Department of Transportation
Bureau of Studies & Plans
700 E. Norris Drive
Ottawa, Illinois 61350
Re: Route 47 Project—Route 34 Multi-Use Trail
Dear Mr. Reed:
EXHIBIT #9
August 23, 2010
Recently IDOT and Yorkville city staff agreed on a design for a multi-use trail on the north
side of Route 34 between Route 47 and Center Parkway. Due to current physical conflicts
and/or lack of easements between Sta. 189+812 and Sta. 189+943, a multi-use trail cannot
be constructed in this section as part of the IDOT project. IDOT will construct a 3-meter
wide multi-use trail to the east and west of this section, and 1.5-2.0 meter wide carriage
sidewalk within the section.
The City of Yorkville commits to acquire the necessary easements and construct a multi-
use trail on the north side of Route 34 between Sta. 189+812 and Sta. 189+943. This work
will occur after completion of IDOT's project.
If you have any questions regarding this matter, please contact City Engineer Joe Wywrot at
(630) 553-8527.
Very truly yours,
Valerie Burd
Mayor
Cc: Bart Olson, City Administrator
Joe Wywrot, City Engineer
L� RECEIVED
ST()F) _ANS
AUG 2 7 2010
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