CITY OF LOCKPORT CITY COUNCIL MEETING AGENDA
WEDNESDAY, MAY 6, 2015 7:00 P.M. a. PLEDGE OF ALLEGIANCE: b. ROLL CALL: c. INTRODUCTION: Recognition of Service of departing Aldermen
Departing Farewell Comments from Alderman Colarelli
SWEARING IN OF NEWLY ELECTED OFFICIALS Alderman Ward 1 Jim Petrakos Alderman Ward 2 J.R. Gillogly Alderman Ward 3 Jason VanderMeer Alderwoman Ward 4 Joanne Bartelsen
PUBLIC HEARING: Board of Local Improvements - IL 7/Thornton Street Intersection Project Pay Estimate 4 Approval.
d. AGENDA PARTICIPATION: (Any person who wishes to speak on a topic that is on the Agenda of the Meeting shall fill out a Speaker Card before the start of the Meeting, either at the City Clerk’s Office, or may give to the City Clerk before the start of the Meeting itself, stating name, and topic on the Agenda to be discussed. Speaker Cards are required for each of the items the Speaker wishes to address. The purpose of the Cards is to obtain the spelling of name of the Speaker, contact information, and provide for efficient meeting administration. All Speakers shall comply with these rules, which shall be posted at the Speaker Sign-In desk and rulings of the City Clerk. Speakers shall be called by name to approach the podium by the City Clerk. A time limit of five (5) minutes shall be imposed on each Speaker.)
e. CONSENT AGENDA: 1. Regular City Council Meeting Minutes of April 15, 2015: Motion to approve the April 15, 2015 Regular City Council Meeting Minutes as presented. 2. Committee of the Whole Meeting Minutes of April 15, 2015: Motion to approve the April 15, 2015 Committee of the Whole Meeting Minutes as presented. 3. Payroll Period ending April 12, 2015: Motion to approve the Payroll Period ending April 12, 2015 as presented, 4. Payroll Period ending April 26, 2015: Motion to approve the Payroll Period ending April 26, 2015 as presented. 5. Approval of Bills: Motion to approve the Various Bills as presented. 6. Surplus Property/Resolution No. 15-035: Motion to pass Resolution No. 15-035/ A Resolution authorizing the disposal of surplus items.
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7. Resolution No. 15-032: Motion to pass Resolution No. 15-032/A Resolution authorizing the execution of an Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District. 8. Give Something Back Foundation Proclamation: Motion to approve the Proclamation for the Give Something Back Foundation.
f. APPROVAL OF MEETING MINUTES: (If not approved as a Consent Agenda Item)
g. APPROVAL OF PAYROLL: (If not approved as a Consent Agenda item) ______h. MAYOR’S REPORT: 1. B. Benson Memo 4/24/15 M-1 Re-appointments to Various Committees.
Action: Motion to appoint Joanne Bartelsen to the Board of Local Improvements.
Action: Motion to appoint Darren Deskin to the Safety Committee for the Police Department.
2. T. Lemming Memo 4/1715 M-2 Appointment of an additional Auxiliary Officer Action: Motion to appoint Bruce Hilton as an Auxiliary Officer with the Lockport Police Department.
i. CITY CLERK’S REPORT:
j. STAFF REPORT: 1. CITY ADMINISTRATOR: 1. B. Benson Memo 4/27/15 CA-1 Temporary Chairman Succession Plan Amendment/Resolution No. 15-038 Action: Motion to pass Resolution No. 15-038/A Resolution to determine the Temporary Chairman for City Council Meetings during the term of the Mayor Steven Streit
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2. Verbal Update CA-2 April 15, 2015 City Council Meeting Minutes regarding discussion on the dedication of right-of-way and Grant of Easement for 4th StreetRoadway and Water Main Project.
3. Executive Session Request CA-3 2(c) 5 – Land Acquisition
2. ADMINISTRATIVE ASSISTANT:
3. FINANCE DIRECTOR:
4. POLICE CHIEF:
5. CITY ATTORNEY: 1. Board of Local Improvement AT-1 IL 7/Thornton Street Intersection Meeting – 7:30 p.m. Project Recommendation for approval of pay estimate 4.
2. A. Wagner & T. Thanas Memo AT-2 IL 7/Thornton Street Intersection Project 4/21/15 Recommendation for approval of pay estimate 4 Action: Motion to approve pay estimate 4 to “D” Construction in the amount of $164,894.55 for the Illinois Route 7/Thornton Street Special Assessment Intersection Improvements.
AT-2(A) Action from Council: Motion to approve pay estimate 4 to “D” Construction in the amount of $164,894.55 for the Illinois Route 7/Thornton Street Special Assessment Intersection Improvements.
3. B. Benson & T. Thanas Memo AT-3 Limitations on Number of Liquor Licenses 4/10/15 Ordinance No. 15-009 Action: Motion to pass Ordinance No. 15-009/An Ordinance amending Chapter 111.11 of the Lockport Municipal Code as It pertains to Limitations on Number of Liquor Licenses.
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4. B. Benson & T. Thanas Memo AT-4 Resolution No. 15-031 4/7/15 Action: Motion to pass Resolution No. 15-031/A Resolution authorizing the execution of an Amended and Restated Recapture Agreement between the City of Lockport and MLRP Lockport Land, LLC, for benefitted properties near Gougar Road and related Infrastructure Improvements.
6. DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT:
7. DIRECTOR OF ENGINEERING: 1. A. Wagner Memo 3/25/15 CE-1 2015 Downtown Vault filing & Sidewalk Replacement Project Bid Opening Results/ Resolution N0. 15-036 Action: Motion to pass Resolution No. 15-036/A Resolution authorizing the execution of a Contract with R&R Contractors, in the amount of $125,355 for the 2015 Downtown Vault Filing & Sidewalk Replacement Project.
2. A. Wagner Memo 4/22/15 CE-2 2015 Summit & Runyan Reconstruction Bid Results/Resolution No. 15-037 Action: Motion to pass Resolution No. 15-037/A Resolution authorizing the execution of a Contract with Austin Tyler Construction in the amount of $1,238,060.13, for the 2015 Summit & Runyan Reconstruction Project.
8. DIRECTOR OF PUBLIC WORKS: 1. J. Findlay Memo 4/30/15 PW-1 RPZ Program/Water Survey/Resolution No. 15-039 Action: Motion to pass Resolution No. 15-039/A Resolution authorizing the City Administrator and Staff to Contract CCRA to implement the City’s RPZ/ Cross Connection Program/Water Survey.
4 2. Proclamation PW-2 Arbor Day Action: Motion to proclaim May 16, 2015 Arbor Day in the City of Lockport. k. PERMANENT COMMITTEES; 1. PLAN & ZONING COMMISSION:
2. HERITAGE AND ARCHITECTURE:
l. NEW BUSINESS – MISCELLANEOUS
m. OPEN FLOOR FOR COMMENTS (Comments will be heard on items that do not appear on the Agenda. The Public Comment portion of the Agenda shall be subject to a twenty (20) minutes limitation. A time limit of five (5) minutes shall be imposed on each Speaker.
The purpose of having Public Comments as an Agenda Item is to allow any person to make his/her views known to the City Council upon any subject of general or public interest.
The Council recognizes that Public Comments are for the purpose of legitimate inquiries and discussion by the Public, and not for the purpose of advancing arguments or repetitious questions concerning matters which the Council believes to be closed or not of general public concern.
The Council shall have the right during this period to decline to hear any person or subject matter upon proper motion and majority vote by the Council.
Each person wishing to speak during the Public Comment portion of the Agenda must fill out a Public Comment Speaker Card stating name, and the topic about which he/she wishes to speak as well as a sign-in sheet, and give to the City Clerk at the Meeting itself.
The purpose of the Cards is to obtain the spelling of the name of the Speaker, contact information, and provide for efficient meeting administration.
The order of speaking shall be based upon the order of sign-in with first person signing-in speaking first and so forth. If the twenty (20) minutes has elapsed before all Speakers who have signed up are allowed to speak, the City Council may elect to continue the time period.
However, if the City Council elects not to extend the time period those Speakers who signed up but did not speak may if they so choose to be placed on the next Agenda under the Public Comments Section and shall be placed at the top of the Sign-In Sheet in the same order they were in from the previous Sign-In Sheet.
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All Speakers shall comply with these rules which shall be posted at the Speaker Sign-In desk and rulings of the City Clerk. )
n. ADJOURNMENT
OPEN MEETINGS EXEMPTIONS
2(c)(1) - Appointments, Employment, Compensation, Discipline, Performance, or Dismissal of specific Employees. 2(c)(2)- Collective Bargaining Matters. 2(c)(3)- Selection of a person to fill a Public Office, including a vacancy in a Public Office. 2(c)(5)- Purchase or Lease of real property, including meetings held for the purpose of discussing whether a particular parcel should be acquired. 2(c)(6)- The setting of a price for Sale or Lease of property owned by the public body. 2(c)(11)- Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 2(c)(21)- Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi- annual review of the minutes as mandated by Section 2.06.
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CC – April 15, 2015
The Regular City Council Meeting was held on Wednesday, April 15, 2015, in the Board Room, 3rd Floor, of the Central Square Building.
Mayor Streit called the Meeting to order at 7:59 p.m.
COUNCIL MEMBERS PRESENT: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA
COUNCIL MEMBERS ABSENT: TURNER, MARYNOWSKI
ALSO PRESENT: MAYOR STEVEN STREIT A. MATTEUCCI, CITY CLERK B. BENSON, CITY ADMINISTRATOR T. THANAS, INTERIM CITY ATTORNEY T. LEMMING, POLICE CHIEF L. HEGLUND, FINANCE DIRECTOR J. LINEHAN, ASSISTANT TO CITY ADMINISTRATOR P. HIRTH, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT A. WAGNER, DIRECTOR OF ENGINEERING
PRESS PRESENT
Felix Sarver, Free Lance Reporter for the Herald News, Eric Skalac, Reporter for the Lockport Legend, Frank Vaisvilas, Free Lance Reporter for Southtown Star, and Cathy Wilker, Volunteer for LCTV, were present to cover the Meeting.
CONSENT AGENDA
MOTION BY VANDERMEER, SECOND BY PERRETTA TO HAVE A CONSENT AGENDA.
ALL VOTED AYE – MOTION CARRIED
APPROVAL OF CONSENT AGENDA
MOTION BY SMITH, SECOND BY DESKIN, TO APPROVE THE CONSENT AGENDA AS PRESENTED.
1 CC – April 15, 2015
1. Regular City Council Meeting Minutes of April 1, 2015: Motion to approve the April 1, 2015 Regular City Council Meeting Minutes as presented. 2. Committee of the Whole Meeting Minutes of April 1, 2015: Motion to approve the April 1, 2015 Committee of the Whole Meeting Minutes as presented. 3. Payroll Period ending March 29, 2015: Motion to approve the Payroll Period ending March 29, 2015 as presented, 4. Approval of Bills: Motion to approve the Various Bills as presented. 5. Mainstreet Lockport 2015 Clean Sweep Event Requests/Resolution No. 15-028: Motion to pass Resolution No. 15-028/A Resolution authorizing a donation to Main Street Lockport for the purchase of flowers/plants for the 2015 Clean Sweep Event and approving additional requests in regards to Personnel.
ALL VOTED AYE – MOTION CARRIED
CORRECTED MARCH 18, 2015 COMMITTEE OF THE WHOLE MEETING MINUTES
MOTION BY CAPADONA, SECOND BY VANDERMEER TO APPROVE THE CORRECTED MARCH 18, 2015 COMMITTEE OF THE WHOLE MEETING MINUTES AS PRESENTED.
ALL VOTED AYE – MOTION CARRIED
MAY MONTHLY MEETING CALENDAR
MOTION BY DESKIN, SECOND BY VANDERMEER TO APPROVCE THE MAY MONTHLY MEETING CALENDAR AS PRESENTED.
ALL VOTED AYE – MOTION CARRIED
PUBLIC HEARING:
AMENDED AND RESTATED ANNEXATION AGREEMENT FOR SAGEBROOK RESIDENTIAL BY M/I HOMES (FORMERLY KNOWN AS KAREN SPRINGS V)
Interim City Attorney Thanas explained there’s an Illinois Statute that requires a Public Hearing to be held any time that there is a new Annexation Agreement being proposed before a Municipality or an amendment to an existing Annexation Agreement. “Even though we already have had multiple meetings on this before the Plan and Zoning Commission, before the City Council, there is a Public Hearing process. The Statute requires a specific Public Hearing to be held that is published in the newspaper, and that is being held this evening.”
2 CC – April 15, 2015
Attorney Thanas continued, “ It would be appropriate to open the Public Hearing, invite any members of the public that would like to be heard on it, and then close the Meeting and then allow the Council to deliberate on the proposal.
Mayor Streit opened up the Public Hearing for the Amended and Restated Annexation Agreement to Sagebrook Residential by M/I Homes (formerly known as Karen Springs V), at 8:01 p.m.
Jim Petrakos, he wanted to clarify one major issue for us as a Community. “The potential of every home other than the model homes that are being built every home can be siding homes. The way it is structured right now those can all be siding homes. All we ask is that there is some limitations on that. If there is a way to limit where we don’t have all siding homes, there’s a certain percentage of those A elevations and even with the anti monotony clause all that says is each one of those houses had to be separated by one other house. It doesn’t mean that they all can’t be siding. That is one of the major concerns. Hopefully you can do something to limit that so that just doesn’t happen there.”
Mayor Streit asked “Anybody else from the Public speaking today?”
Mayor Streit then asked “Staff, you guys have anything to say?”
Administrator Benson answered “We have submitted a memo and application to you in regards to what our recommendation was after having discussions at the Committee of the Whole. Hearing Jim’s comments, and we understand that opinion, and our opinion is a little bit different that we don’t feel that that will mathematically happen. That we feel that siding is a superior product and we were looking for approval as where we left it the last time. Again, this is entirely up to the Council and their discretion and what they want to accept in regards to these applications for M/I homes. “
Mayor Streit closed the Public Hearing at 8:05 p.m.
MOTION BY DESKIN, SECOND BY VANDERMEER TO PASS RESOLUTION NO. 15- 034/A RESOLUTION AUTHORIZING THE EXECUTION OF THE AMENDED AND RESTATED ANNEXATION AGREEMENT FOR THE SAGEBROOK RESIDENTIAL DEVELOPMENT (F/K/A KAREN SPRINGS V) AND AN ADDITIONAL 25 ACRES.
Alderman Deskin said “I would like to address some of the concerns the Residents had. I had a conversation with Mr. Petrakos and I promised him that I would go ahead and contact our City Attorney about a couple of the issues regarding the Annexation Agreement. A couple of weeks ago Mr. Thanas said the law allows Municipalities and people in a Contract to go ahead and amend an Annexation Agreement so I asked Mr. Thanas to address that.”
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Interim City Attorney Thanas said “The State Statutes that controls Annexation Agreements allows Annexation Agreements to last for twenty years, but it also allows the Agreements to be amended during that twenty year term. That’s the reason for the Public Hearing. People believe a project has been approved previously with certain parameters that they are at least given an opportunity to be heard if there are any changes that are going to be made during that twenty year period. Annexation Agreements are like any other Contract.
If the parties to the Contract would like to change it by mutual consent they are able to do that. You are certainly not obligated to the original Annexation Agreement that was approved by previous City Council, I think with the recession of 2008, you as a City Council and many other City Council’s in the Chicago area, or throughout the United States have been going through this amendment process to make changes that reflect market changes over the last seven or eight years. So, what is before you tonight is an amended and restated Annexation Agreement that will take the place of the Agreement that was originally approved by the previous Mayor and City Council and that this will control the development for M/I Homes along with the plat that is before you for the Special Use Permit that you will be asked to vote on this evening. The project will have to be developed pursuant to whatever you end up approving if you do approve the proposed changes.”
Alderman Deskin said “Which then, that response then prompted another question that I had, and Mr. Petrakos brought that up again this evening in regards to our City Code. I would ask Mr. Thanas if he could go ahead and comment on what is in our City Code versus what would happen at the Planning Commission when they approved a Planned Unit Development (PUD). What the requirements are of that, and then our responsibility as a result of the Planned Unit Development (PUD) that was then passed by the Planning Commission.”
Attorney Thanas explained. (For complete details of the explanation, the video of the Meeting is available on the City’s website. (www.lockport.org )
ROLL CALL VOTE ON THE MOTION: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA – AYES
0 NAY
2 ABSENT – TURNER, MARYNOWSKI
6 AYES 0 NAY 2 ABSENT – MOTION CARRIED
4 CC – April 15, 2015
CASE #2015-003: SPECIAL USE PERMIT FOR A PLANNED RESIDENTIAL DEVELOPMENT, PRELIMINARY DEVELOPMENT PLANS/PLAT OF SUBDIVISION, AND REZONING OF PROPERTY LOCATED WEST OF GOUGAR ROAD BETWEEN 163RD STREET AND 167TH STREET FOR A RESIDENTIAL DEVELOPMENT TO BE CALLED SAGEBROOK (M/I HOMES) / ORDINANCE NO. 15-006
MOTION BY CAPADONA, SECOND BY SMITH TO PASS ORDINANCE NO. 15-006/AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED RESIDENTIAL DEVELOPMENT AND ZONING PORTIONS OF PROPERTY TO R-1 SINGLE FAMILY AND R-2 SINGLE FAMILY FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 167TH STREET AND GOUGAR ROAD, SOUTH OF 163RD STREET (REFERRED TO AS SAGEBROOK/PREVIOUSLY KAREN SPRINGS 5).
ROLL CALL VOTE ON THE MOTION: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA – AYES
0 NAY
2 ABSENT – MARYNOWSKI, TURNER
6 AYES 0 NAY 2 ABSENT – MOTION CARRIED
PUBLIC HEARING:
AMENDED AND RESTATED ANNEXATON AGREEMENT FOR 355 CORPORATE CENTER – PANATTONI DEVELOPMENT COMPANY (FORMERLY STEEPLECHASE/BRIDGE DEVELOPMENT)
Attorney Thanas said “The same issue here. There’s a proposal for an amendment to an existing Annexation Agreement. State Statutes requires a Public Hearing to be held before the City Council is allowed to vote on the proposed amendment. This would be an appropriate time for any member of the public to come forward and express their opinion on the proposed amendment on the Annexation Agreement for the 355 Corporate Center developed by the Panattoni Development Company.
Mayor Streit opened up the Public Hearing for the Amended and Restated Annexation Agreement for 355 Corporate Center – Panattoni Development Company (Formerly Steeplechase/Bridge Development) at 8:13 p.m.
5 CC – April 15, 2015
Mayor Streit asked “Does anybody in the public want to speak to that?”
Mayor asked “Anybody up here, Staff or Council?”
Mayor Streit closed the Public Hearing at 8:14 p.m.
MOTION BY COLARELLI, SECOND BY VANDERMEER TO PASS RESOLUTION NO. 15- 035/A RESOLUTION AUTHORIZING THE EXECUTION OF THE AMENDED AND RESTATED ANNEXATION AGREEMENT FOR THE STEEPLE CHASE BUSINESS CAMPUS (PANATTONI).
ROLL CALL VOTE ON THE MOTION: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA – AYES
0 NAY
2 ABSENT – MARYNOWSKI, TURNER
6 AYES 0 NAY 2 ABSENT – MOTION CARRIED
CASE #2015-002: SPECIAL USE PERMIT TO AMEND A PLANNED INDUSTRIAL DEVELOPMENT, PRELIMINARY/FINAL DEVELOPMENT PLANS, AND FINAL PLAT OF SUBDIVISION, FOR A BUSINESS PARK TO BE LOCATED ON THE SOUTHEAST CORNER OF 163RD STREET AND GOUGAR ROAD/I-355 TO BE CALLED 355 CORPORATE CENTER (PANATTONI DEVELOPMENT COMPANY)/ORDINANCE NO. 15- 007
MOTION BY SMITH, SECOND BY DESKIN TO PASS ORDINANCE NO. 15-007/AN ORDINANCE AMENDING ORDINANCE NO. 11-040 WITH ORDINANCE NO. 15-007 TO AMEND THE SPECIAL USE PERMIT FOR A PLANNED INDUSTRIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF I-355 AND 163RD STREET (PANATTONI – 355 CORPORATE CENTER).
ROLL CALL VOTE ON THE MOTION: CAPADONA, COLARELLI, SMITH, DESKIN, VANDERMEER, PERRETTA – AYES
0 NAY
2 ABSENT – MARYNOWSKI, TURNER
6 AYES 0 NAY 2 ABSENT – MOTION CARRIED
6 CC – April 15, 2015
ACCEPTING DEDICATION OF RIGHT-OF-WAY AND GRANT OF EASEMENT FOR 4TH STREET ROADWAY AND WATER MAIN PROJECT/RESOLUTION NO. 15-033
City Administrator, Director of Engineering, Interim City Attorney Memo dated April 7, 2015 was submitted for Council action.
In 2014, the Owner of the Lockport Plaza agreed to grant an easement that would allow the construction of a water main behind the shopping center. The City has also asked the Owner to dedicate right-of-way so 4th Street would end in a cul-de- sac on the northwest corner of the Lockport Plaza. In the past, nearby Residents used the opening at the end of 4th Street and the Lockport Plaza parking lot as a cut through to get to 9th Street. That cut through traffic created a traffic hazard for Customers using the shopping center.
On March 18, 2015, the City Council awarded the construction contract for the reconstruction of 4th Street. The project includes the construction of a cul-de-sac at the eastern terminus of 4th Street and the construction of the water main behind the shopping center.
The City Staff has negotiated the dedication of the right-of-way for the cul-de-sac and the grant of easement for the water main project with the Owner of the shopping center. The dedication and grant of easement will be done without compensation to the Owner of the shopping center since both the cul-de-sac and the new water main will improve the shopping center. The only consideration that the Owner has requested is to have defer the connection of the sprinkler system of Diamond Billiards, the existing billiards facility, to the new water main until 90 days following the occupancy of the former Corwin Pharmacy tenant space. The City Staff is recommending approval of the Owner’s request for deferral on the connection until the Corwin space is filled. The City’s agreement to defer the connection deadline does not obligate the City to approve any particular user that would become a tenant in the former Corwin space.
The acceptance of the dedication of right-of-way for the cul-de-sac and the grant of easement for the water main project is in the best interests of the City of Lockport and its residents. The cul-de-sac will alleviate a traffic hazard that has existed with cut through traffic using the private shopping center parking lot to go to and from 9th Street. The acceptance of the grant of easement facilitates the construction of a new water main that will improve fire flow ratings for the commercial and residential properties that will be served by the new water main. The quality of the water will also be improved with the new water main.
7 CC – April 15, 2015
MOTION BY DESKIN, SECOND BY CAPADONA TO PASS RESOLUTION NO. 15-033 /A RESOLUTION ACCEPTING THE DEDICATION OF RIGHT-OF-WAY AND GRANT OF EASEMENT FOR THE 4TH STREET ROADWAY AND WATER MAIN PROJECT.
There were questions and comments from the Aldermen. (For complete details, the video of the Meeting is available on the City’s website at www.lockport.org)
Council is recommending six (6) months instead of ninety (90) days.
ALL VOTED AYE – MOTION CARRIED
Il. 7 – ITEP SIDEWALK PROJECT MFT RESOLUTION FORM
Director of Engineering, Amy Wagner presented her Memo dated April 9, 2015.
In 2010, the City received Illinois Transportation Enhancement Program (ITEP) funding for the IL-7 Sidewalk project, to complete the remaining portions of sidewalk along the commercial corridor from Lincoln Street to Adelman Drive. The project plans are completed and approved for letting in Spring 2015.
The funding award included 80% federal funding up to $652,800, for engineering and construction. To date, we have spent $108,219.64 ($86,576 fed) for engineering, leaving $556,224 in funding available for construction. In October 2014, the City appropriated $250,000 in MFT funds to cover the local share of the project. This was well under the budgeted amount of $348,000 and was based on the October 2014 cost estimate provided by JJ Benes (approximately $784,000). We appropriated additional funding over the estimated local share, to avoid coming back to council to get any supplemental funding approved.
The draft local agency agreements were completed in January 2015, and a revised cost estimate of $851,835 was provided by JJ Benes, as the basis for the agreement. Due to the increase in the estimated cost, the MFT appropriation is short by $45,611.
In order to keep this project on the April letting schedule, the City must either pass a supplemental MFT resolution for a minimum of $45,611, or pass a resolution, that the remaining portion will be paid for from City Capital Funds. Utilizing MFT funds for the entire local share of the project is the most efficient use of these funds.
8 CC – April 15, 2015
The local share expended from the City’s MFT allotment will only be 20% of the actual construction cost of the project (or the construction cost minus the remaining available funding of $556,224). Passing the supplemental resolution does not necessarily mean that those funds will be utilized.
We recommend that the City adopt a Resolution to appropriate the supplemental amount of $50,000, from the City’s allotment of Motor Fuel Tax funds, for the Local Share of the construction costs. This will increase the total appropriation to $300,000.
MOTION BY VANDERMEER, SECOND BY CAPADONA TO APPROVE THE RESOLUTION AS PRESENTED.
ROLL CALL VOTE ON THE MOTION: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA – AYES
0 NAY
2 ABSENT – MARYNOWSKI, TURNER
6 AYES 0 NAY 2 ABSENT – MOTION CARRIED
HERITAGE CROSSING CORPORATE CENTER (ML REALTY PARTNERS)/RESOLUTION NO. 15-031
MOTION BY DESKIN, SECOND BY VANDERMEER TO TABLE THIS ITEM TO THE MAY 6, 2015 CITY COUNCIL MEETING.
ALL VOTED AYE – MOTION CARRIED
ZONING MAP UPDATE/RESOLUTION NO. 15-029
Director of Community and Economic Development, Pam Hirth presented her Memo dated April 3, 2015.
Staff has prepared an updated Zoning Map for City Council approval. Typically the Zoning Map is updated yearly, however, it has been two years since the previous Official Zoning Map was adopted by the Council. The map pending approval reflects zoning changes since March 31, 2013.
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MOTION BY SMITH, SECOND BY VANDERMEER TO PASS RESOLUTION NO. 15-029/A RESOLUTION AUTHORIZING THE FILING OF THE UPDATED CITY OF LOCKPORT ZONING MAP DATED MARCH 31, 2015.
ALL VOTED AYE - MOTION CARRIED
RECESS
MOTION BY COLARELLI, SECOND BY CAPADONA TO RECESS THE REGULAR CITY COUNCIL MEETING AT 8:36 P.M. TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF 2(C)1 AND 2(C)2.
ALL VOTED AYE – MOTION CARRIED
OUT OF EXECUTIVE SESSION
MOTION BY PERRETTA, SECOND BY VANDERMEER TO COME OUT OF EXECUTIVE SESSION AT 9:25 P.M.
ALL VOTED AYE – MOTION CARRIED
ADJOURNMENT
MOTION BY PERRETTA, SECOND BY VANDERMEER TO ADJOURN THE REGULAR CITY COUNCKL MEETING AT 9:25 P.M.
ALL VOTED AYE – MOTION CARRIED
Respectfully submitted by recording the minutes off the DVD,
Donna Tadey, Administrative/Deputy Clerk
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COTW – April 15, 2015
The Committee of the Whole Meeting was held on Wednesday, April 15, 2015, in the Board Room, 3rd Floor, of the Central Square Building.
Mayor Streit called the Meeting to order at 7:00 p.m.
COUNCIL MEMBERS PRESENT: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA
COUNCIL MEMBERS ABSENT: TURNER, MARYNOWSKI
ALSO PRESENT: MAYOR STEVEN STREIT A. MATTEUCCI, CITY CLERK B. BENSON, CITY ADMINISTRATOR T. THANAS, INTERIM CITY ATTORNEY T. LEMMING, POLICE CHIEF L. HEGLUND, FINANCE DIRECTOR J. LINEHAN, ASSISTANT TO CITY ADMINISTRATOR P. HIRTH, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT A. WAGNER, DIRECTOR OF ENGINEERING
PRESS PRESENT
Felix Sarver, Free Lance Reporter for the Herald News, Eric Skalac, Reporter for the Lockport Legend, Frank Vaisvilas, Free Lance Reporter for Southtown Star, and Cathy Wilker, Volunteer for LCTV, were present to cover the Meeting.
MAYOR’S REPORT
Mayor Streit announced he attended a meeting with Will County concerning the Caton Farm/Bruce Road extension. There is concern about how it ties back in with the State Route. Currently they are at Phase 1. He invited the County to come out and do a presentation at one of the City Council Meetings.
Mayor Streit announced he would like to reinstate the Committees. “ This Meeting itself is called Committee of the Whole. It’s really meant to be where all the sub-committees come together and report on what’s going on. So, what I would like the Council Members to do who are here is to start thinking about some of the Committees. There are five that I would like to see. I would like to see an Economic Development Committee, I would like to see an Ethics Committee, a Public Safety Committee, an Infrastructure Committee, a Branding and
1 COTW – April 15, 2015
Outreach, and then a Finance Committee. Kind of the way I see these being laid out and structured is I would like to have one Alderman Chair each of these Committees, and then I would like to have another Alderman who’s a sub-Chair.” “Also the way I’m thinking of doing this and I would like your feedback, I would like you guys to noodle this around over the next couple of weeks, as I was thinking also that maybe you can then open it up to your discretion. As if you know have three or four citizens who might want to be on an Ethics Committee could volunteer their time and meet with you guys. So kind of open it up to a little bit more of the Community as well. Then that way you can meet with say Tom Thanas who would be the Staff person assigned to that Committee. I would like to hear your feedback on places you would like to serve. What I would really like you guys to be on top of some of the things like when it comes to the infrastructure. It’s going to be important that we stay on the CIP. Making sure we know where projects are and with just two Council Members on it you guys can meet at your discretion so it’s a lot easier to meet that way as well. So, I want you guys to think about this. I really want to have a lot more buy in from Council and I think a, you know kind of spread the love and get more input and make more folks mind on these projects. I think it would be better for us all. Keep that in mind if you have any other Committee ideas get to me this next couple of weeks and we will kind of settle on which ones they are come the next Meeting or two and get people assigned to them.”
WELL NO. 9 IRON FILTRATION BID OPENING RESULTS/RESOLUTION NO. 15-030
Administrator Benson presented Memo dated March 25, 2015.
The City Council previously authorized the City Staff to pursue an upgrade to the City’s water supply system to include an iron filtration facility for existing Well 9. Subsequently, the City Council authorized the acquisition of land from Will County School District 92 to accommodate the new facility on land adjacent to Well 9. The City Council also authorized the retention of the engineering consulting firm of Strand Associates, Inc., to assist the City with the design and financing for the construction of the iron filtration facility.
City Staff, with the help of Strand Associates, are in the process of applying for a loan from the Illinois Environmental Protection Agency (IEPA) under its Public Water Supply Loan Program using funds provided by the Illinois Finance Authority to finance the construction of the iron filtration facility. The amount of the loan was estimated at $2,245,920, and it is payable over a 20-year term at an interest rate of 2.31%.
On March 11, 2015, there were six (6) proposals submitted and the lowest bid was received from Schramm Construction in the amount of $1,738,606.00 and the second lowest bid was from Gaskill & Walton in the amount of $1,799,250.
2 COTW – April 15, 2015
There were several irregularities in the bid documents, presented at the letting by Schramm Construction. These are detailed in the attached letter from Strand Associates, and are grounds for rejection of the bid.
Administrator Benson discussed issues with the Well. Administrator Benson is recommending that this issue be tabled until the May 20th Committee of the Whole Meeting because he wants to make sure the Well that we want to install this piece of equipment on is going to be able to produce the water that we need to do that.
A gentleman from Strand addressed the Council and gave a brief update on addressing the issues at hand and the timeline on the rehabilitation on the Well. Cost will depend on the steps that need to be taken with the well. He also discussed preventive maintenance. (For complete details of the discussion, the video of the Meeting is available on the City of Lockport’s website at www.lockport.org)
ACTION: MOTION TO TABLE THIS ITEM UNTIL THE MAY 20, 2015 COMMITTEE OF THE WHOLE MEETING.
ONLINE BILL PAYMENT
Finance Director Heglund announced ”About one month now we’ve been live with the online bill pay for water bills so Residents can go online and pay their water bills or they can go and call the 800 number through the IVR system. The automated system twenty four hours a day, seven days a week. I just wanted to give you guys an update. So far without a whole lot of PR we’ve had seventy three payments go through. About eleven thousand dollars collected though that system and it seems like we’re getting some favorable responses and people are finding out about it. I just wanted to bring you guys up to date it’s a good thing and we see this to grow pretty rapidly here over the next couple of months.”
Matter of Information.
SURPLUS PROPERTY/RESOLUTION NO. 15-035
Administrator Benson presented Lieutenant Ron Huff Memo dated April 10, 2015.
3 COTW – April 15, 2015
The City of Lockport, through doing business, obtains assets that hold a financial value. Some of the assets are acquired through purchases, seizures and forfeiture proceedings as well as day to day police services. These assets inevitably reach a time when they no longer serve a purpose to the City. In that case, it is in the best interests of the City to have these items declared surplus and for proper disposal to occur.
This is a request to have the following property declared surplus because they no longer serve a purpose to the City.
1. Rotary Model SPO15HE (S/N DAU98A0003) 15,000 lbs Hydraulic Vehicle Lift 2. Rotary Model SPOA9-200 (S/N AFM98A0669) 9000 lbs Hydraulic Vehicle Lift 3. Gray Model ASJ-4000H (S/N 22-002078) Air Lift 4. Graco Husky 1040 Air Operated Pump 5. Set of five (5) Graco ceiling mounted hose lines and reels with electronic dispensers
CONSENT AGENDA: MOTION TO PASS RESOLUTION NO. 15-035/A RESOLUTION AUTHORIZING THE DISPOSAL OF SURPLUS ITEMS.
RESOLUTION NO. 15-032
Administrative Benson stated “If you recall this was in regards to parcels of property outside the Highlands apartment complex that they were looking to combine for a regional park.”
Administrator Benson provided a couple of aerial views of the property.
Interim City Attorney Thanas stated “The agreement that we entered into with the Developer of the Highlands project required the City to try to acquire two parcels of property that were acquired by the Illinois Toll Authority during the preconstruction phase of the I-355 expressway. We approached the Toll Authority and the Toll Authority is willing to donate the two parcels of property that are on 143rd Street to the City with the understanding that it will be used as open space as part of a future park site to be developed by the Lockport Township Park District. Sandwiched in between these two parcels is a piece of privately owned property that the Highlands will have control of once they purchase the property and at that point they will develop the park site there. The advantage for the City on this is that it will save the City some money because a part of the impact fee that was part of the agreement that we negotiated and was approved by the City Council in January, set aside a little over two point two five million dollars for all impact fees including park site fees. This will reduce the cash outlay that the City will have so we will have some additional funding that will be available for other improvements that will go into this area.
4 COTW – April 15, 2015
The Toll Authority Board has already approved the Agreement it’s actually a three party agreement. The Park District has indicated that they will be taking action on this Agreement at its April 27th Meeting. We have it on the Committee of the Whole Agenda and we are asking for your authorization to put it on the Meeting for May 6th.”
CONSENT AGENDA: MOTION TO PASS RESOLUTION NO. 15-032/A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE CITY OF LOCKPORT, AND THE LOCKPORT TOWNSHIP PARK DISTRICT.
RESOLUTION NO. 15-031
Administrative Benson stated “Tom will talk about this Resolution authorizing the execution of an Amended and Restated Recapture Agreement between the City of Lockport, and MLRP Lockport Land, LLC for benefitted properties near Gougar Road and related infrastructure improvements. “
Administrator Benson provided a couple of aerial views of the property.
Interim City Attorney Tom Thanas went over the memo dated April 7, 2015. On June 19, 2013, the City Council approved a Recapture Agreement for the Heritage Crossing Corporate Center project by Resolution No. 13-052. A Recapture Agreement is intended to provide a Developer with the opportunity to “recapture” or recoup out-of-pocket expenses the Developer has paid for public improvements that benefit other nearby properties. A Recapture Agreement is used by Illinois Municipalities and Developers to recoup costs for traditional public improvements like new public roadway costs and sanitary sewer and water supply system costs that are now available for use by the Developers of nearby properties. The nearby property owners pay nothing towards the cost of public improvements until their properties develop and there is a need to have direct access to an improved roadway or there is a need for connecting to the City’s sanitary sewer and water supply systems.
When one or more of the properties develop, the City would then collect the specified recapture fee from the then Developer of that property, and the fee that is collected by the City is then remitted to the original Developer, ML Realty Partners (or its designee). There are no City funds involved in the process.
5 COTW – April 15, 2015
For the Heritage Crossing project, ML Realty Partners had a Recapture Agreement approved by the City Council in 2013, and two privately owned properties were identified as “benefitted properties” that would be subject to recapture of costs if those properties ever developed. Now that ML Realty Partners has progressed further with its project and additional public improvements have been constructed, the City Staff and ML Realty Partners have identified five additional properties that will benefit from the public improvements if one or more of those properties ever develop. Therefore, an “Amended and Restated Recapture Agreement” is being presented to the City Council for consideration. The attached agreement updates properties that would be subject to recapture if the City Council approved the amended agreement. Exhibit B of the proposed amended agreement shows the location of the seven benefitted properties and their proximity to the Heritage Crossing development. Exhibit G provides a summary of the total costs that would be paid by a future developer of any of the benefitted properties.
The Owners of the benefitted properties have been given written notice of their inclusion in the area that will benefit from having a new roadway and sanitary sewer and a water supply system constructed near their properties.
The City Staff emphasized in the written notice that the current owners of the benefitted properties will owe nothing now . . . their financial obligation arises only if they decide to connect to any of the public improvements.
Since the City Council has already approved a Recapture Agreement in 2013, the City Staff is recommending that the City Council consider taking action on the Amended and Restated Recapture Agreement. The proposed amendment updates the costs of the public improvements and adds five more properties that will benefit from ML Realty Partners’ investment in public improvements that open other development opportunities for benefitted properties. If the City Council prefers to wait until the May 6th City Council meeting to take final action on the proposed agreement, then the matter will be held over until then.
Alderman VanderMeer asked Interim City Attorney Thanas” “You said that two of the parcels were on the previous Agreement. Which two, Ron, and other than I think on that north end this is all actually ML’s property right?”
Interim City Attorney Thanas answered “I think if you go to Exhibit D. There’s probably a better Exhibit to show. It actually has numbers that are on there. If you have that in front of you, you will see certain parcels that numbered Parcels 1, 3, 6, & 7 at the top of the Exhibit, that’s at 143rd Street. The original Recapture Agreement from two years ago included Parcels 1 and 3. What is being added are 6, 7, 5, 2 & 4.
6 COTW – April 15, 2015
Those are parcels that will be able to connect to the water and sewer system if they choose too. They do not have to do anything. If they choose to stay as they are in unincorporated Will County and not develop in the City of Lockport and connect, then at that point they will owe absolutely nothing. So, what we try to explain in the letter that we sent to the seven property Owners is that there is no current obligation and this is an Agreement that lasts for twenty years. If they sit and do nothing with their property continue on well and septic, continue with their current access roads to 143rd, twenty years passes, they’ll owe nothing. Chances are will this develop in the next twenty years? Possibly. But again that’s a decision that they will get to make with Developers and people who may approach them about possible development.”
Alderman VanderMeer asked “So are 5, 2, and 4 owned by ML? Or is it someone else?”
Interim City Attorney answered “ML owns none of them. They are all privately owned. I don’t believe any of them are owned Corporately. I think they are all owned by individuals.”
Alderman Perretta asked “Any new timeline on the Gougar Road opening up?”
Interim City Attorney Thanas answered “One of the key things on this is that there needs to be a traffic signal installed at Gougar and 143rd Street. The two parcels, Parcels 1 and 3 are part of an acquisition of right of way so turn lane can be expanded and the traffic signal can be installed. That’s part of a conversation going on between the County and the Property Owners right now as part of conversation before a condemnation case will be filed. We are very hopeful. We as the City are very hopeful that that gets negotiated and that the Property Owners are compensated for the small piece of property that is needed to accommodate the traffic signal and the turn lane. Once that is acquired then the traffic signal will go in. There is a second issue regarding three parcels of property to the north of the intersection on 143rd Street. That is what we’ve been meeting with the County on hoping to get some flexibility there so we can open up Gougar and move forward without having to do anything on the north side of the road. That is still an open issue with the County.”
Alderman Colarelli asked “So, the goal is to get this on the City Council Meeting right after this? I guess if Tom if you will speak with the Residents and if there is no objections from the Residents or questions that aren’t answered then I guess we could move forward with this. That would be fine with me.”
7 COTW – April 15, 2015
ORDINANCE NO. 15-009
MadHunt, LLC, has begun the redevelopment of the former Volz Building with the goal of opening the restaurant operation during the summer of 2015. In the Purchase and Redevelopment Agreement (RDA) between the City of Lockport and MadHunt, the City agreed to the issuance of a liquor license for the restaurant. Section 10(f) of the RDA provides:
f. Upon application by MadHunt for a liquor license for the Restaurant, City shall issue said license, provided that MadHunt agrees to the applicable terms of liquor licenses under the Lockport Code of Ordinances; and
MadHunt is in the process of applying for a City liquor license and a State of Illinois liquor license. MadHunt would need a Class C-2 Liquor License from the City of Lockport. A Class C-2 license permits the following:
(F) Class C-2. Class C-2 licenses shall authorize the retail sale of alcoholic liquor for consumption on the specified premises and permit entertainment on the premises, if the premises conform to the requirements of a restaurant as hereinbefore defined in § 111.01(B) of this Chapter.
The Lockport Liquor Code imposes a numerical limit on the number of liquor licenses that are authorized to be issued by the Liquor Control Commissioner (Mayor). Section 111.11(B) of the Lockport Liquor Code limits the combined number of Class C-1 and Class C-2 to 17. Currently, all 17 allocated licenses are issued, and there are none available for issuance to MadHunt.
The proposed Ordinance increasing the number of Class C-2 liquor licenses to 18 will permit the City to comply with its contractual obligation to MadHunt to make a liquor license available for its restaurant operation. The increase in the numerical limit will also promote economic development in downtown Lockport and increase City tax revenues.
Alderman Colarelli said “When you are expanding the number of liquor licenses in town, I don’t know if there is a standard like a per capita standard or something along those lines that exist for something like that, just so you make sure you are not spiraling out of control and liquor license, liquor license, and then you become a booze town. Before our City Council Meeting if there is anyway if we could see what other Municipalities are doing so we make sure we are on par with that.”
8 COTW – April 15, 2015
ACTION: MOTION TO PASS ORDINANCE NO. 15-009/AN ORDINANCE AMENDING CHAPTER 111.11 OF THE LOCKPORT MUNICIPAL CODE AS IT PERTAINS TO LIMITATIONS ON NUMBER OF LIQUOR LICENSES.
PROCLAMATION – GIVE SOMETHING BACK FOUNDATION
Mayor Streit read the Proclamation.
Due to audio difficulty – the Proclamation could not be understood. (For complete details of the Proclamation, the video of the Meeting is available on the City of Lockport’s website at www.lockport.org)
CONSENT AGENDA: MOTION TO APPROVE THE PROCLAMATION.
NEW BUSINESS
Alderman VanderMeer asked Council to revisit the Vehicle Sticker Program.
ADJOURNMENT
MOTION BY DESKIN, SECOND BY SMITH TO ADJOURN THE COMMITTEE OF THE WHOLE MEETING AT 7:37 P.M.
ALL VOTED AYE – MOTION CARRIED
Respectfully submitted by recording the minutes off the DVD,
Donna Tadey, Administrative/Deputy Clerk
9 e.5
To: City Council From: Lisa Heglund RE: Various Bills Date: April 28, 2015
Below is a list of some of the invoices that are in your packet. I have included some additional information to further explain the expense. The amounts listed below are based on the invoice amount.
1. State St Auto Body $1,042.80 (Police) – Repair rear bumper to squad #506 2. ComEd $7,500 (Capital Outlay) – Design for electric work necessary on Hamilton St parking lot project 3. Addison Electric $1,090 (Sewer) – Backup battery surge for SCADA 4. Belson Outdoors Inc. $1,204.60 (Street) – Concrete table for use at train station 5. Buchar, Mitchell, Bajt $9,270 (Administration) – Architectural design work for City Hall 6. Cross Point Sales $1,305 (Building) – Annual test of fire alarm, sprinkler & backflow prevention devices at CED building 7. D Construction $164,894.55 (Capital Outlay Streets) – Payout #4 for IL7/Thornton project 8. DuPage Overhead Garage $4,150 (Police) – Replace gate opener at Farrell St entrance into police department 9. ESRI $1,700 (Administration) – GIS program annual renewal 10. Gaskill & Walton Construction $2,341 (Water) – Emergency repairs to pressure reducing valve at Lago Vista 11. Hach Company $5,461.42 (Water) – System maintenance on chlorinator & lab supplies 12. Hampton, Lenzini & Renwick $3,814.40 (Capital Outlay Street) – Phase II engineering for 17th & Hamilton construction project 13. Heritage Corridor CVB $6,000 (Administration) – Partnership with HCVB for marketing on behalf of City by Engage Lockport 14. HR Green $21,724.31 (Capital Outlay Street & Water) – Engineering services for following projects: a. Cleveland & 11th b. 7th & Washington St c. 4th St reconstruction 15. Ireland Ltd $8,400 (Capital Outlay Sewer) – Digester Lids painting project per contract 16. James J Benes & Assoc. $29,836.54 (Development, Engineering, & Capital Outlay) – Engineering for following projects a. ML Realty b. Panattoni Development c. Tandem Development d. MI Homes Sagebrook Devel. e. Greif Brothers Industrial expansion f. Legacy Haunted House g. S Archer Body Shop h. Storm water Ordinance i. MacGregor & North phase I j. 2016 Roadway reconstruction project phase II 17. Len Cox & Sons Excavating $1,200 (Sewer) – Replaced 2 manholes at Smith Rd Lift Station 18. Meade Electric Company $2,743.14 (Street) – contract work on traffic signals & repair at 10th & Hamilton street light 19. Metropolitan Industries Inc. $1,527.50 (Sewer) – Replaced transducer at Bonnie Brae 20. RJ’s Landscaping & Property $1,050 (Water) – restoration of concrete sidewalk due to safety concern 21. Robinson Engineering $1,290 (Capital Outlay Street) – Engineering for IL7/Thornton Project 22. Retail Coach $14,432.92 (Development) – Final payment on economic development contract 23. Todd’s Techies $2,300 (Administration) – Repair of exchange server at City Hall and work on Police Dept. computers 24. State of Illinois Treasurer $159,545.40 (MFT) – Construction of Garfield St project 25. V3 Companies $6,100.10 – (Capital Outlay Streets) – Phase II engineering on Hamilton St parking lot 26. Water Well Solutions $14,000 (Water) – Emergency work on Well 9
COMMITTEE OF THE WHOLE e.6 Agenda Memorandum Item #
To: Mayor & City Council
From: Lt. Ron Huff
Subject: Surplus Property
Date: 4-10-15
BACKGROUND/HISTORY – The City of Lockport, through doing business, obtains assets that hold a financial value. Some of the assets are acquired through purchases, seizures and forfeiture proceedings as well as day to day police services. These assets inevitably reach a time when they no longer serve a purpose to the City. In that case, it is in the best interests of the City to have these items declared surplus and for proper disposal to occur.
PROS/CONS/ALTERNATIVES (IF APPLICABLE)
RECOMMENDATION /ATTACHMENTS (IF APPLICABLE • Memo listing surplus items • Resolution authorizing the disposal
SPECIFIC CITY COUNCIL ACTION REQUIRED I am seeking Council approval to declare the attached items surplus so that proper disposal of these assets may proceed.
INTEROFFICE MEMORANDUM
TO: CHIEF LEMMING
FROM: LT. HUFF
RE: REQUEST TO DECLARE ITEMS AS SURPLUS
DATE: 4-10-15
Sir,
This is a request to have the following property declared surplus because they no longer serve a purpose to the City.
1. Rotary Model SPO15HE (S/N DAU98A0003) 15,000 lbs Hydraulic Vehicle Lift 2. Rotary Model SPOA9-200 (S/N AFM98A0669) 9000 lbs Hydraulic Vehicle Lift 3. Gray Model ASJ-4000H (S/N 22-002078) Air Lift 4. Graco Husky 1040 Air Operated Pump 5. Set of five (5) Graco ceiling mounted hose lines and reels with electronic dispensers
Respectfully Submitted, Lt. Ron Huff RESOLUTION No. 15-035
A RESOLUTION AUTHORIZING THE DISPOSAL OF SURPLUS ITEMS
WHEREAS, the City recognizes that the police department acquires various assets through day to day operations
WHEREAS, these assets reach a time that they no longer serve a purpose to the City
WHEREAS, it is in the best interest of the City to have these assets declared surplus and disposed.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS that:
Section 1: The City declares surplus the attached list of assets.
Section 2: The City allows the police department to dispose of these assets according to their recommendations.
PASSED THIS DAY OF , 2015, with:
ALDERMEN voting aye ALDERMEN absent
ALDERMEN voting nay ALDERMEN abstaining
the MAYOR voting aye voting nay not voting
CAPADONA PETRAKOS SMITH GILLOGLY
DESKIN VANDER MEER PERRETTA BARTELSEN
MAYOR
Steven Streit, Mayor
ATTEST:
Alice Matteucci, City Clerk COMMITTEE OF THE WHOLE e.7 Agenda Memorandum Item #
To: Mayor & City Council
From: Ben Benson, City Administrator Thomas A. Thanas, Interim City Attorney
Subject: A Resolution Authorizing the Execution of an Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District
Date: April 7, 2015
BACKGROUND/HISTORY
On January 21, 2015, the City Council approved the Amended and Restated Annexation Agreement for the Highlands project that will be located at 143rd Street and Archer Avenue. Section 3(a)(6)(iii)(e)(i) of the Annexation Agreement required the City of Lockport to use its best efforts to acquire two parcels of property that were acquired by the Illinois State Toll Highway Authority as part of the construction of I-355. The two parcels, if acquired, are to be conveyed to the Lockport Township Park District for development of a park site in conjunction with additional land to be donated by the developer to the Park District. The Annexation Agreement gave the City two years to try to acquire the Toll Authority parcels.
The two parcels owned by the Toll Authority are about 1.07 acres in size, and the developer is to donate an additional parcel that is about 0.32 acres in size for the future park site. The Annexation Agreement includes a cash donation as part of the $2,250,000 impact fee that the developer will be paying to the City and other governmental agencies that will be subject to the impact of the development. A plat showing the two Toll Authority-owned parcels is attached to this Council Memo.
Since the City Council approved the Amended and Restated Annexation Agreement, the City staff has been negotiating with the Toll Authority to have the two parcels conveyed to the City of Lockport. The Toll Authority has approved the conveyance of the two parcels subject to certain restrictions. The two parcels are to remain in public ownership and use in perpetuity, and the use as a park site satisfies this requirement. If the property ceases to be used for a public purpose, then title to the property will revert to the Toll Authority. The two parcels will also be limited to access restrictions that were approved as part of the development of the 143rd Street interchange at I-355. The Toll Authority will not be compensated for the value of the two parcels if the City and Park District accept the restrictions imposed by the Toll Authority.
1 The City staff has reviewed the proposed conveyance of the two parcels and the development of a park site with the Lockport Township Park District, and the Park District has given its preliminary approval to the proposed conveyance. Formal approval of the conveyance of the two parcels from the Toll Authority and the development of a park site remain subject to the Park District Board of Commissioners.
The attached Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District sets forth the rights and obligations of all three parties to the agreement. The developer of the Highlands remains subject to conveying its property pursuant to the Amended and Restated Annexation Agreement approved on January 21, 2015.
PROS/CONS/ALTERNATIVES (IF APPLICABLE)
The Intergovernmental Agreement provides a great example of three governmental agencies and a real estate developer working together to promote the best interests of Lockport residents. A new park site will provide an additional amenity to be marketed by the developer and will provide open space for a project that will have multi-family density. The additional benefit for the City is will be able to redirect some of the $2,250,000 impact fee to be paid by the developer for other public improvements that will be constructed as part of the project.
RECOMMENDATION
The City Staff recommends that the attached Resolution Authorizing the Execution of the Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District be approved.
ATTACHMENTS (IF APPLICABLE)
1. Resolution Authorizing the Execution of the Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District 2. Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District 3. Aerial Plat showing two Toll Authority Parcels 4. Park Site Plat 5. Proposed Quitclaim Deed (subject to change)
SPECIFIC CITY COUNCIL ACTION REQUIRED
A. Motion to approve the Resolution.
2 032 RESOLUTION NO. 15 -
A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE CITY OF LOCKPORT, AND THE LOCKPORT TOWNSHIP PARK DISTRICT
WHEREAS, the City Council of the City of Lockport passed Resolution No. 15- 004 on January 21, 2015, approving an Amended and Restated Annexation Agreement between the City of Lockport and 143rd, Street/Archer, LLC, as part of the development of the Highlands mixed use development project; and
WHEREAS, the Amended and Restated Annexation Agreement addressed the acquisition of two parcels of property from the Illinois State Toll Highway Authority for use as part of a park site to be developed by the Lockport Township Park District ; and WHEREAS, as the attached Intergovernmental Agreement sets forth the terms and conditions for the acquisition of the property an d the development of the park site; and WHEREAS, the Mayor and City Council of the City of Lockport have determined that it is in the best interests of the City and its residents to approve the Intergovernmental Agreement for the purpose of developing and preserving open space as part of a multi-use project and promoting economic development within Lockport at a key development gateway and corridor.
NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Lockport, Will County, Illinois, as follows:
SECTION ONE: The attached Intergovernmental Agreement between the Illinois State Toll Highway Authority, the City of Lockport, and the Lockport Township Park District is hereby approved.
1 SECTION TWO: The Mayor and City Clerk are authorized and directed to sign all necessary documents in furtherance of this Resolution, including all documents necessary to effect the conveyance of the subject property to the City of Lockport and subsequently to the Lockport Township Park District.
SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval as provided by law.
PASSED this day of , 2015, with
ALDERMEN voting aye ALDERMEN abstaining
ALDERMEN voting nay ALDERMEN absent
Mayor voting aye _____ voting nay ______not voting ______
______PETRAKOS ______CAPADONA ______GILLOGLY ______SMITH
______DESKIN ______VANDERMEER ______PERRETTA ______BARTELSEN
______MAYOR
Steven Streit, Mayor
ATTEST:
Alice Matteucci, City Clerk
2
INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE CITY OF LOCKPORT AND THE LOCKPORT PARK DISTRICT
This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this 1st day of April, 2015, by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, hereinafter called the "ILLINOIS TOLLWAY", and THE CITY OF LOCKPORT, a municipal corporation of the State of Illinois, hereinafter called the "CITY", and the LOCKPORT TOWNSHIP PARK DISTRICT, hereinafter referred to as "PARK DISTRICT", individually referred to as "PARTY", and collectively referred to as "PARTIES".
WITNESSETH:
WHEREAS, the ILLINOIS TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, has improved the Veterans Memorial Tollway (1-355) by extending it from I-55 to I-80 (hereinafter sometimes referred to as "Toll Highway"), and included in ILLINOIS TOLLWAY multiple construction contract(s) (hereinafter referred to as the "PROJECT"); and
WHEREAS, the ILLINOIS TOLLWAY owns real property which was necessary for the construction of the PROJECT and associated improvements, including but not limited to improvements to portions of 143rd Street; and
WHEREAS, 143rd Street runs through the CITY and the CITY has jurisdiction over the properties adjacent to 143rd Street; and
WHEREAS, it is not anticipated that the ILLINOIS TOLLWAY properties, (hereinafter referred to as the "PROPERTIES" ), which are north of 143rd Street will be required for Toll Highway maintenance, operations or future construction improvements and therefore are considered excess to the needs of the ILLINOIS TOLLWAY; and
WHEREAS, it is in the best interest of the PARTIES that the ILLINOIS TOLLWAY transfer the PROPERTIES to the CITY for public use; and
WHEREAS, the ILLINOIS TOLLWAY intends to convey the PROPERTIES to the CITY. The CITY will then work with a developer who will incorporate the PROPERTIES into a public park. After the park is constructed, the CITY will then convey the PROPERTIES to the PARK DISTRICT who will manage the park, and
1
WHEREAS, the ILLINOIS TOLLWAY, the CITY and the PARK DISTRICT by this instrument, which shall be known for ILLINOIS TOLLWAY recording purposes as Number 002014-26, desire to determine and establish their respective responsibilities toward right of way transfers as proposed; and
WHEREAS, the ILLINOIS TOLLWAY by virtue of its powers as set forth in the "Toll Highway Act," 605 ILCS 10/1 et seq. is authorized to enter into this AGREEMENT; and
WHEREAS, the CITY by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this AGREEMENT; and
WHEREAS, the PARK DISTRICT by virtue of its powers as set forth in the Park District Code 50 ILCS 605/0.001 et seq. is authorized to enter into this AGREEMENT; and
WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq.
NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows:
I. TRANSFER OF OBLIGATIONS
A. The CITY agrees to accept conveyance from the ILLINOIS TOLLWAY of the PROPERTIES listed below, and as shown and described on the attached "Exhibits".
B. The PROPERTIES, to be conveyed are under the maintenance and jurisdiction of the CITY or within the CITY's jurisdictional boundaries (CITY limits), were acquired by the Illinois Department of Transportation (IDOT) for improvements to 143rd Street.
C. The PROPERTIES are now owned by the ILLINOIS TOLLWAY and have the following Parcel numbers (PARCELS) as identified on the Exhibits as provided herein:
1. NS-703-077EX - north of 143rd Street 2. NS-703-079EX -north of 143rd Street
The PROPERTIES' legal descriptions are attached at Exhibits A-1 and A-2, the plats of survey are attached as Exhibits B-1, B-2 and B-3, and an aerial photograph is attached as Exhibit C.
2
D. The PARTIES mutually agree to cooperate in securing necessary approvals, if any, from IDOT and any other agencies required for the transfer of jurisdiction and ownership including any future transfer and conveyance of the PROPERTIES. Furthermore, the PARTIES agree to cooperate in preparing such documents as may be necessary and convenient to complete the conveyance of the PROPERTIES. The ILLINOIS TOLLWAY's excess property disposal and transfer is subject to the approval of the FHWA pursuant to 23 CFR 710.409.
II. CONSIDERATION
A. The PARTIES agree that this conveyance is made in the furtherance of good will between the PARTIES and in consideration, the CITY and the PARK DISTRICT agree to assume and accept the responsibilities and duties associated with the ownership of the PROPERTIES including, but not limited to maintenance, public use and ownership.
III. CONVEYANCE OF PROPERTIES
A. The CITY agrees to accept conveyance of the PROPERTIES from the ILLINOIS TOLLWAY via a Quit Claim Deed.
B. The ILLINOIS TOLLWAY shall convey the PARCELS to the CITY with the following understanding and conditions:
1. It is understood that the aforementioned PARCELS were conveyed to the ILLINOIS TOLLWAY by IDOT and include a reverter clause. The reverter clause included in the deed consists of the following: "Pursuant to 23 CFR 710.409(d), failure to continue public ownership and use of the above described property shall cause the property to revert back to the Illinois Department of Transportation."
2. It is understood that the above referenced reverter clause runs with the property and applies to subsequent owners of the PROPERTIES.
3. In the event any portion of the PROPERTIES are required in the future for Toll Highway improvements, the CITY or the PARK DISTRICT will re-convey those portions of the PROPERTIES to the ILLINOIS TOLLWAY upon demand and at no cost to the ILLINOIS TOLLWAY.
4. In the event any portion of the PROPERTIES are to be conveyed, sold or vacated, the CITY or the PARK DISTRICT will provide the ILLINOIS TOLLWAY and IDOT with advance written notice and be in full compliance with State and federal law, including 23 CFR 710.409.
5. All future deeds conveying title to the PROPERTIES, including the quit claim deed from the ILLINOIS TOLLWAY to the CITY and from the CITY to the
3
PARK DISTRICT shall contain the following covenants: 1) "Pursuant to 23 CFR 710.409(d), failure to continue public ownership and use of the above described property shall cause the property to revert back to the Illinois Department of Transportation" and 2) "the Grantee, their successors and assigns agree not to build or cause to be built or erected upon the subject property any advertising sign or structure directed, whether in whole or part, to users or patrons on the adjacent toll highway or any structure that in the opinion of the Chief Engineer of the Illinois State Toll Highway Authority, Grantor, would in any way interfere with the safe operation of the Illinois State Toll Highway Authority system."
IV. GENERAL PROVISIONS
A. It is understood and agreed that this is· an AGREEMENT between the City of Lockport, the Lockport Township Park District and the Illinois State Toll Highway Authority.
B. In the event of a dispute between CITY, the Park District and the ILLINOIS TOLLWAY in the carrying out of the terms of this AGREEMENT, the Chief Engineer of the ILLINOIS TOLLWAY, the Mayor of the CITY and the Executive Director shall meet and resolve the issue. In the event that they cannot mutually agree on the resolution of a dispute concerning the carrying out of the terms of this AGREEMENT in reference to the PROPERTIES, the decision of the Chief Engineer of the ILLINOIS TOLLWAY shall be final.
C. This AGREEMENT may be executed in three (3) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument.
D. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto.
E. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns.
F. The failure by the ILLINOIS TOLLWAY, the CITY or the Park District to seek redress for violation of or to insist upon the strict performance of any condition or covenant of this AGREEMENT shall not constitute a waiver of any such breach or subsequent breach of such covenants, terms, conditions, rights and remedies. No provision of this AGREEMENT shall be deemed waived by the ILLINOIS TOLLWAY, the CITY or the Park District unless such provision is waived in writing.
G. It is agreed that the laws of the State of Illinois shall apply to this AGREEMENT and that, in the event oflitigation, venue shall lie in Du Page County, Illinois.
4 H. All written reports, notices and other communications related to this AGREEMENT shall be in writing and shall be personally delivered, mailed via certified mail, overnight mail delivery, or electronic mail delivery to the following persons at the following addresses:
To the ILLINOIS TOLLWAY: The Illinois Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineer
To the CITY: The City of Lockport 222 East 9th Street Lockport, Illinois 60441 Attn: Mayor
To the PARK DISTRICT: The Lockport Township Park District 1911 Lawrence Ave. Lockport, Illinois 60441 Attn: Executive Director
I. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT.
IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated.
THE CITY OF LOCKPORT
By: -- Steven Streit, Mayor
Date: (Please Print Name)
THE LOCKPORT TOWNSHIP PARK DISTRICT
By: ------Sue Micklevitz, Executive Director
Date: -- (Please Print Name)
5
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
By: Kristi Lafleur, Executive Director
By: Michael Colsch, Chief of Finance
By: David A. Goldberg, General Counsel
Approved as to Form and Constitutionality
Robert T. Lane, Senior Assistant Attorney General, State of Illinois
JMR_IGA_Lockport_I-355 Excess Land_Revised 030615
6
NS-703-077EX
LEGAL DESCRIPTION
LOT 2 OF SEILER'S SUBDIVISION, PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.530 ACRES, MORE OR LESS OR 23,087 SQUARE FEET MORE OR LESS.
A - I
NS-703-079EX
LEGAL DESCRIPTION
LOT 4 OF SEILER'S SUBDIVISION, PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.530 ACRES, MORE OR LESS OR 23,087 SQUARE FEET MORE OR LESS.
A-J-
PLAT OF SURVEY 1-355 SOUTH EXTENSION EXCESS RIGHT OF WAY
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RPEECRODRODECDUMOCEiI'IOTBNEOR. 82829. 4179159
LOT 3 LOT ! LOT 2 VACANT (0.535 Acres) {LOTC01'1-vEYEDTOISTHABY QUITCl.AIM DEED [tjQ14012119)
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PLAT OF SURVEY 1-355 SOUTH EXTENSION EXCESS RIGHT OF WAY
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SEll.U:SSUBDMSION -RECORDED ocronrn 22. t9!i9 PERDOCUMENTN0.889471
WT 3 LOT 4 VACANT (0.531Acres) (LOTCONVEYED TO JStHA BY QUJ.1'CLAD.{DEFDilml.Wl2I21)
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..l .l..U- " "!- l""""""' · "911" !M': W ;""w:1 --·- l;ilR !?r ,_rs '"" F--11<1!:$ >T•ll ?Lrs>nt. :;;'"' "_...t\ (4-?: !' ?00..fC' Clfv.o.'1 i'(! O'.i'!'"'1:- •T.o_ i :1;< "'''r.>$1®"s "" M>l "'"""' f<>'! 11 ...... t ,.._..,,. I I I =-==- -=-=-----..------ ILLINOIS STATE TOLL HIGHWAY AUTHORITY k ------7 2;00 ocorn AVEN'UE DOWNERS GROVE. ILUNO!S 60515 ------ TOLLWAY RIGHT OF WAY City of Lockport, 143rd St. . 1, Will County E lt_ hLt:vct tt C,, lfllno/s Stoll TollHighway Authodty Planning Dltpt, G/S Jan. 2014 100 200 400 Feet TOLLWAY RIGHT OF WAY City of Lockport, 143rd St. ,, E}{_ h-Lbl..:t it C,, lflnOJs Slate TOii Highway AuthOrity Planning Depl, GIS Jon 2014 200 Park Site Parcel Parcel from from Tollway Highlands QUITCLAIM DEED This instrument prepared by: Annette Vinelli Illinois State Toll Highway Authority 2700 Ogden Ave. Downers Grove, IL 60515 Upon Recording Mail to and send subsequent tax bills to: City of Lockport 222 East Ninth Street Lockport, IL 60441 The Grantor, THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, created and existing pursuant to the laws of the State of Illinois, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid, pursuant to authority given by its Board of Directors, CONVEYS AND QUIT CLAIMS to the CITY OF LOCKPORT, a municipal corporation of the State of Illinois, all existing right, title and interest of Grantor, in and to the following described real estate, situated in the County of Will in the State of Illinois, to wit: NS-703-077EX & NS-703-079EX LOT 2 OF SEILER’S SUBDIVISION, PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS. SAID PARCEL CONTAINING 0.530 ACRES, MORE OR LESS OR 23,087 SQUARE FEET MORE OR LESS. ALSO LOT 4 OF SEILER’S SUBDIVISION, PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS. SAID PARCEL CONTAINING 0.530 ACRES, MORE OR LESS OR 23,087 SQUARE FEET MORE OR LESS. PIN: Lot 2: 16-05-06-401-014-0000 Lot 4: 16-05-06-401-016-0000 1 ADDRESS: 143rd Street & I-355, Lockport, IL 2 The Grantee, their successors and assigns agree not to build or cause to be built or erected upon the subject property any advertising sign or structure directed, whether in whole or part, to users or patrons on the adjacent toll highway or any structure that in the opinion of the Chief Engineer of the Illinois State Toll Highway Authority, Grantor, would in any way interfere with the safe operation of the Illinois State Toll Highway Authority system. The Grantor reserves all rights that Grantor possesses including but not limited to existing rights of access, crossing, light, air and/or view, to, from, or over the premises herein described as Exhibit “A”. Pursuant to 23 CFR 710.409(d), failure to continue public ownership and use of the above described property shall cause the property to revert back to the Illinois State Toll Highway Authority. All the terms, provisions and agreements herein contained shall be covenants running with the land and inure to the benefit of and be binding upon the parties hereto, their successors and assigns. EXEMPT UNDER PROVISIONS OF PARAGRAPH “e” SECTION 4 REAL ESTATE TRANSFER ACT _ DATE REPRESENTATIVE Dated this day of , 2015. The execution of this deed is authorized by Resolution adopted by the Directors of The Illinois State Toll Highway Authority on . THE ILLINOIS STATE TOLL Attest: HIGHWAY AUTHORITY BY: Administrative Manager to the Executive Director Board of Directors Approved as to Form and Constitutionality Attorney General, State of Illinois 3 State of Illinois ) )SS County of DuPage ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Kristi Lafleur personally known to me to be the Executive Director of The Illinois State Toll Highway Authority, appeared before me this day in person, and acknowledged that she signed, sealed and delivered the said instrument. Given under my hand and official seal, this day of , 2015. Notary Public 4 NS-703-077.AC LEGAL DISCRIPTION FOR ACCESS CONTROL A PART OF LOT 2 IN SEILER’S SUBDIVISION, A SUBDIVISION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 36 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 22, 1959 AS DOCUMENT NO 889471 IN WILL COUNTY, ILLINOIS SAID ACCESS CONTROL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH 88 DEGREES 20 MINUTES 32 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 1698.60 FEET, THENCE NORTH 01 DEGREE 48 MINUTES 22 SECONDS WEST A DISTANCE OF 50.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, SAID POINT BEING THE POINT OF BEGINNING OF THE ACCESS CONTROL LINE, THENCE SOUTH 88 DEGREES 03 MINUTES 22 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 2 (SAID LINE ALSO BEING THE EXISTING RIGHT-OF-WAY LINE FOR 143RD STREET) A DISTANCE OF 154.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, SAID POINT BEING THE POINT OF TERMINUS OF SAID ACCESS CONTROL. NS-703-079.AC LEGAL DISCRIPTION FOR ACCESS CONTROL A PART OF LOT 4 IN SEILER’S SUBDIVISION, A SUBDIVISION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 36 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 22, 1959 AS DOCUMENT NO 889471 IN WILL COUNTY, ILLINOIS SAID ACCESS CONTROL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH 88 DEGREES 20 MINUTES 32 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 1456.52 FEET, THENCE NORTH 01 DEGREE 48 MINUTES 22 SECONDS WEST A DISTANCE OF 51.44 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 SAID POINT BEING THE POINT OF BEGINNING OF THE ACCESS CONTROL LINE, THENCE SOUTH 88 DEGREES 03 MINUTES 22 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE EXISTING RIGHT-OF-WAY LINE FOR 143RD STREET) A DISTANCE OF 154.04 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, SAID POINT BEING THE POINT OF TERMINUS OF SAID ACCESS CONTROL. Exhibit “A” 5 M-2 Committee of the Whole Agenda Memorandum Item # To: Mayor and City Council From: Chief Terry Lemming Date: April 17, 2015 Subject: Appointment of an additional Auxiliary Officer BACKGROUND/HISTORY Lockport City Ordinance #31.18 allows the police department to have up to 10 auxiliary officers. Currently the Lockport Police department has eight auxiliary officers and with the Canal Days event and warmer weather approaching, the police department would like to add an additional auxiliary officer. Auxiliary officers are unpaid volunteers and are limited in the duties they perform. PROS/CONS/ALTERNATIVES (IF APPLICABLE) The officer we are appointing, Bruce Hilton is currently a Will County Auxiliary Officer and has all required training. The candidate has passed a thorough background check. RECOMMENDATIONS/ATTACHMENTS (IF APPLICABLE) The police department recommends that Bruce Hilton be accepted as an auxiliary officer. SPECIFIC CITY COUNCIL ACTION REQUIRED The police department recommends that Mayor Streit formally appoint Bruce Hilton as an auxiliary officer with the consent of the city council at the May 6, 2015, city council meeting. It is also requested that Mayor Streit formally read the short OATH OF OFFICE to Bruce Hilton and ask him to repeat it. CITY COUNCIL M-1 Agenda Memorandum Item # To: Mayor & City Council From: Ben Benson, City Administrator Subject: Re-Appointments to Various Committees Date: April 24, 2015 BACKGROUND/HISTORY The Mayor has requested to make these immediate changes to the Safety Committee and the Board of Local Improvements. Joanne Bartelsen will replace Denise Marynowski on Board of Local Improvements 2 other members of BOLI remain (Mayor & Alderman Darren Deskin) Darren Deskin will replace Kelly Turner on the Safety Committee for the Police Dept RECOMMENDATION Motion to approve request, effective immediately. CITY COUNCIL CA-1 Agenda Memorandum Item # To: Mayor & City Council From: Ben Benson, City Administrator Subject: Temporary Chairperson Succession Plan Amendment Date: 4/27/15 BACKGROUND/HISTORY The City Council approved a succession plan in May 2014 (RESOLUTION NO. 14-032) in the event that the Mayor was temporarily unable to perform the duties as chairperson for a City Council meeting. Commencing June 1, 2014 and continuing to May 2017, the schedule provided each councilperson a three month period. The rotation was based alphabetically by last name. The original resolution named each alderperson individually as part of the rotation. With new councilmembers elected, the original resolution needs to be updated. The new rotation schedule in the resolution is based by ward and by seniority. The system will first go through each ward’s senior Alderman, and then repeat the order with the junior Alderman. This new method is to prevent issues with turnover, so that the gavel is passed by ward rather than alphabetically by last name. Beginning on May 1, 2015, the order will continue as follows: May 1, 2015 to July 31, 2015: 4th Ward senior Alderman August 1, 2015 to October 31, 2015: 1st Ward senior Alderman November 1, 2015 to January 31, 2016: 2nd Ward senior Alderman February 1, 2016 to April 31, 2016: 3rd Ward senior Alderman May 1, 2016 to July 31, 2016: 4th Ward junior Alderman August 1, 2016 to October 31, 2016: 1st Ward junior Alderman November 1, 2016 to January 31, 2017: 2nd Ward junior Alderman February 1, 2017 to April 31, 2017: 3rd Ward junior Alderman RECOMMENDATION Approve the updated resolution for a succession plan ATTACHMENTS (IF APPLICABLE) SPECIFIC CITY COUNCIL ACTION REQUIRED A. Motion to approve resolution 4/28/15 15-038 RESOLUTION NO A RESOLUTION TO DETERMINE THE TEMPORARY CHAIRMAN FOR CITY COUNCIL MEETINGS DURING THE TERM OF THE MAYOR STEVEN STREIT 1 RESOLUTION NO. A RESOLUTION TO DETERMINE THE TEMPORARY CHAIRPERSON FOR CITY COUNCIL MEETINGS DURING THE TERM OF THE MAYOR STEVEN STREIT WHEREAS, pursuant to Chapter 30.03 (B) of the Lockport Municipal Code during the temporary absence of the Mayor for City Council meetings the City Council shall elect one of its number to be the Temporary Chairperson of City Council Meetings, and WHEREAS, The Mayor and City Council have decided that it is more orderly and efficient that the Temporary Chairperson be determined before start of the meeting that said Chairperson is going to preside over, and BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: That each City Council Member shall be a Temporary Chairperson of City Council meetings on a rotating basis determined by ward and seniority for a three month period of time starting May 1, 2015. SECTION TWO: If any Council Member defers being Temporary Chairman, the Chairmanship shall go to the next Council Member in the ward rotation. SECTION THREE: That pursuant to Chapter 30.03 (A) of the Lockport Municipal Code the Temporary Chairman shall vote last and shall only have such powers and duties as accrue to a presiding officer. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage, and approval as provided by law. PASSED AND APPROVED THIS ______DAY OF ______, 20___, with ______ALDERMEN voting aye ______ALDERMEN absent 2 ______ALDERMEN voting nay ______ALDERMEN abstaining The MAYOR voting aye ______voting nay ______not voting ______ ______PETRAKOS ______CAPADONNA ______GILLOGLY ______SMITH ______VANDAMEER ______DESKIN ______PERETTA ______BARTELSEN ______MAYOR ______Steve Streit, Mayor ATTEST: ______Alice Matteucci, City Clerk 3 City Council AT-2 Agenda Memorandum Item # To: Mayor & City Council / Board of Local Improvements From: Amy Wagner / Tom Thanas Subject: IL 7/Thornton Street Intersection Improvement Project Recommendation for approval of Pay Estimate 4 Date: April 21, 2015 BACKGROUND/HISTORY The IL-7 / Thornton Street Intersection Improvement Project is being constructed by the City of Lockport, with the help of special assessment funds and developer contributions. As part of the Special assessment process, the project must be awarded and overseen by the Board of Local Improvements. The contractor has applied for Pay Estimate 4 in the amount of $164,894.55. Attached is the recommendation for payment from Robinson Engineering, along with a copy of the pay request from D Construction. PROS/CONS/ALTERNATIVES (IF APPLICABLE) RECOMMENDATION To approve the Pay Estimate 4 in the amount of $164,894.55, to D Construction. ATTACHMENTS (IF APPLICABLE) A. Pay request No. 4 B. Recommendation for Payment (Robinson) SPECIFIC ACTION REQUIRED Verbal approval of Pay Estimate 4 in the amount of $164,894.55, to D Construction. Harry L. Gilmore, Jr., PE Direct Phone (815) 412-2711 E-mail: [email protected] April 2, 2015 Project 13-294 (via e-mail only) Ms. Amy N. Wagner Director of Engineering City of Lockport 17112 S. Prime Boulevard Lockport, IL 60441 RE: Illinois Route 7/Thornton Street Special Assessment Intersection Improvement Payout Request #04 Dear Ms. Wagner: Enclosed for your approval and processing is Invoice #11591304.1 dated February 28, 2015 from “D” Construction, Inc. for work completed to date for the referenced project. We have reviewed the work and find that, in our best judgment, it is in substantial compliance with the plans and specifications. By copy of this letter we are requesting that “D” Construction send an original waiver of lien directly to you, and that we concur that no additional retainage is necessary for this payout (total retainage to date is ±9%). We, therefore, recommend that “D” Construction, Inc. is entitled to payment of One Hundred Sixty-four Thousand, Eight Hundred Ninety-four Dollars and Fifty-five Cents ($164,894.55) summarized as follows: Total Earned to Date: ...... $ 1,614,250.15 Less Previous Retention: ...... $ 144,935.56 Subtotal: ...... $ 1,469,314.59 Less Previous Payments: ...... $ 1,304,420.04 Amount Due This Pay Request #04: ...... $ 164,894.55 If you have any questions, or need additional information, please contact me. Very truly yours, ROBINSON ENGINEERING, LTD. Harry L. Gilmore, Jr., PE Senior Project Manager R:\2010-2014\2013\13-294.LP\Payouts\Payout_04_04-02-2015.doc Enclosures Cc: Ben Benson/City Administrator Everett Leasure/”D” Construction COMMITTEE OF THE WHOLE AT-3 Agenda Memorandum Item # To: Mayor & City Council From: Ben Benson, City Administrator Thomas A. Thanas, Interim City Attorney Subject: An Ordinance Amending Chapter 111.11 of the Lockport Municipal Code as it pertains to Limitations on Number of Liquor Licenses Date: April 10, 2015 BACKGROUND/HISTORY MadHunt, LLC, has begun the redevelopment of the former Volz Building with the goal of opening the restaurant operation during the summer of 2015. In the Purchase and Redevelopment Agreement (RDA) between the City of Lockport and MadHunt, the City agreed to the issuance of a liquor license for the restaurant. Section 10(f) of the RDA provides: f. Upon application by MadHunt for a liquor license for the Restaurant, City shall issue said license, provided that MadHunt agrees to the applicable terms of liquor licenses under the Lockport Code of Ordinances; and MadHunt is in the process of applying for a City liquor license and a State of Illinois liquor license. MadHunt would need a Class C-2 Liquor License from the City of Lockport. A Class C-2 license permits the following: (F) Class C-2. Class C-2 licenses shall authorize the retail sale of alcoholic liquor for consumption on the specified premises and permit entertainment on the premises, if the premises conform to the requirements of a restaurant as hereinbefore defined in § 111.01(B) of this chapter. The Lockport Liquor Code imposes a numerical limit on the number of liquor licenses that are authorized to be issued by the Liquor Control Commissioner (Mayor). Section 111.11(B) of the Lockport Liquor Code limits the combined number of Class C-1 and Class C-2 to 17. Currently, all 17 allocated licenses are issued, and there are none available for issuance to MadHunt. 1 The attached ordinance amends Section 111.11(B) to increase the numerical limit of Class C-1 and C-2 liquor licenses to 18. PROS/CONS/ALTERNATIVES (IF APPLICABLE) The proposed ordinance increasing the number of Class C-2 liquor licenses to 18 will permit the City to comply with its contractual obligation to MadHunt to make a liquor license available for its restaurant operation. The increase in the numerical limit will also promote economic development in downtown Lockport and increase City tax revenues. RECOMMENDATION The City staff recommends that the City Council approve the attached Ordinance Amending Chapter 111.11 of the Lockport Municipal Code as it pertains to Limitations on Number of Liquor Licenses. ATTACHMENTS (IF APPLICABLE) Ordinance Amending Chapter 111.11 of the Lockport Municipal Code as it pertains to Limitations on Number of Liquor Licenses. SPECIFIC CITY COUNCIL ACTION REQUIRED A. Motion to approve Ordinance Amending Chapter 111.11 of the Lockport Municipal Code as it pertains to Limitations on Number of Liquor Licenses 2 009 ORDINANCE NO. 15- AN ORDINANCE AMENDING CHAPTER 111.11 OF THE LOCKPORT MUNICIPAL CODE AS IT PERTAINS TO LIMITATIONS ON NUMBER OF LIQUOR LICENSES Published in pamphlet form by authority of the Mayor and the City Council of the City of Lockport, Will County, Illinois, this day of May, 2015. 1 ORDINANCE NO. 15- AN ORDINANCE AMENDING CHAPTER 111.11 OF THE LOCKPORT MUNICIPAL CODE AS IT PERTAINS TO LIMITATIONS ON NUMBER OF LIQUOR LICENSES WHEREAS, the Mayor and City Council of the City of Lockport have determined that it is necessary to increase the number of Class C-2 liquor licenses by one so a liquor license may be made available to the developer of the Volz Building as required by the Purchase and Redevelopment Agreement approved by the City Council in December of 2014; and WHEREAS, an increase in the number of Class C-2 liquor licenses will permit the City to comply with its contractual obligation to the developer and will also promote economic development in downtown Lockport and increase tax revenues for the City. NOW, THEREFORE, be it ordained by the Mayor and the City Council of Lockport, Will County, Illinois, as follows: SECTION 1: Chapter 111.11(B) entitled “Limitation of Classes of Liquor Licenses” is hereby amended to read as follows: The combined total of Class C-1 and C-2 licenses issued by the Liquor Control Commissioner shall not exceed 18. SECTION 2: All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby repealed. SECTION 3: This Ordinance shall be in full force and effect from its passage and approval as provided by law. PASSED this day of , 2015, with ALDERMEN voting aye ALDERMEN abstaining ALDERMEN voting nay ALDERMEN absent 2 The MAYOR voting aye , voting nay , not voting ______PETRAKOS ______CAPADONA ______GILLOGLY ______SMITH ______DESKIN ______VANDERMEER ______PERRETTA ______BARTELSEN ______MAYOR Steven Streit, Mayor ATTEST: Alice Matteucci, City Clerk 3 CITY COUNCIL ATTACHMENT Agenda Memorandum Item # To: City Administrator Ben Benson From: Assistant to the City Administrator Jack Linehan Subject: Liquor License Analysis Date: 4/30/15 BACKGROUND/HISTORY The City Council asked staff to look in to the ratio of liquor licenses to population of comparable communities. For the analysis, I chose three nearby communities with a similar size and location: New Lenox, Lemont, and Shorewood. The communities had the following number of liquor licenses: Lockport Population: 25,013 (2013 estimate) Liquor Licenses: 39 Ratio: 1 per 642 residents New Lenox Population: 24,962 (2013 estimate) Liquor Licenses: 44 Ratio: 1 per 567 residents Lemont Population: 16,517 (2013 estimate) Liquor Licenses: 40 Ratio: 1 per 413 residents Shorewood Population: 16,317 (2013 estimate) Liquor Licenses: 28 Ratio: 1 per 583 residents ANALYSIS Lockport’s ratio of liquor licenses to the population is higher than nearby communities, meaning that there are fewer liquor licenses per 1,000 residents than any of the comparable communities. COMMITTEE OF THE WHOLE AT-4 Agenda Memorandum Item # To: Mayor & City Council From: Ben Benson, City Administrator Thomas A. Thanas, Interim City Attorney Subject: A Resolution Authorizing the Execution of An Amended and Restated Recapture Agreement for the Heritage Crossing Corporate Center (ML Realty Partners) Date: April 7, 2015 BACKGROUND/HISTORY On June 19, 2013, the City Council approved a Recapture Agreement for the Heritage Crossing Corporate Center project by Resolution No. 13-052. A recapture agreement is intended to provide a developer with the opportunity to “recapture” or recoup out-of-pocket expenses the developer has paid for public improvements that benefit other nearby properties. A recapture agreement is used by Illinois municipalities and developers to recoup costs for traditional public improvements like new public roadway costs and sanitary sewer and water supply system costs that are now available for use by the developers of nearby properties. The nearby property owners pay nothing towards the cost of public improvements until their properties develop and there is a need to have direct access to an improved roadway or there is a need for connecting to the City’s sanitary sewer and water supply systems. When one or more of the properties develop, the City would then collect the specified recapture fee from the then developer of that property, and the fee that is collected by the City is then remitted to the original developer, ML Realty Partners (or its designee). There are no City funds involved in the process. For the Heritage Crossing project, ML Realty Partners had a recapture agreement approved by the City Council in 2013, and two privately owned properties were identified as “benefitted properties” that would be subject to recapture of costs if those properties ever developed. Now that ML Realty Partners has progressed further with its project and additional public improvements have been constructed, the City staff and ML Realty Partners have identified five additional properties that will benefit from the public improvements if one or more of those properties ever develop. Therefore, an “Amended and Restated Recapture Agreement” is being presented to the City Council for consideration. The attached agreement updates properties that would be subject to recapture if the City Council approved the amended agreement. Exhibit B of the proposed amended agreement shows the location of the seven benefitted properties 1 and their proximity to the Heritage Crossing development. Exhibit G provides a summary of the total costs that would be paid by a future developer of any of the benefitted properties. The owners of the benefitted properties have been given written notice of their inclusion in the area that will benefit from having a new roadway and sanitary sewer and a water supply system constructed near their properties. The City staff emphasized in the written notice that the current owners of the benefitted properties will owe nothing now . . . their financial obligation arises only if they decide to connect to any of the public improvements. PROS/CONS/ALTERNATIVES (IF APPLICABLE) The advantage of approving the Amended and Restated Recapture Agreement is that it provides an equitable method of spreading the substantial cost of constructing public improvements that open up development opportunities for other property owners. A municipality that authorizes recapture agreements establishes a policy that attracts other developers who will know that they have an opportunity to recoup some of their development costs if nearby properties benefit from the initial investment. RECOMMENDATION The City staff recommends that the attached Resolution Authorizing the Execution of an Amended and Restated Recapture Agreement. Since the City Council has already approved a recapture agreement in 2013, the City staff is recommending that the City Council consider taking action on the Amended and Restated Recapture Agreement. The proposed amendment updates the costs of the public improvements and adds five more properties that will benefit from ML Realty Partners’ investment in public improvements that open other development opportunities for benefitted properties. If the City Council prefers to wait until the May 6th City Council meeting to take final action on the proposed agreement, then the matter will be held over until then. ATTACHMENTS (IF APPLICABLE) 1. Resolution Approving the Amended and Restated Recapture Agreement 2. Amended and Restated Recapture Agreement and Exhibits A through G 3. Resolution 13-052 and corresponding Agreement 4. Form letter sent to owners of benefitted properties SPECIFIC CITY COUNCIL ACTION REQUIRED A. Motion to approve the Resolution. 2 15-031 RESOLUTION NO. 15 - A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED RECAPTURE AGREEMENT BETWEEN THE CITY OF LOCKPORT AND MLRP LOCKPORT LAND, LLC, FOR BENEFITTED PROPERTIES NEAR GOUGAR ROAD AND RELATED INFRASTRUCTURE IMPROVEMENTS WHEREAS, the City Council of the City of Lockport passed Resolution No. 13- 052 on June 19, 2013, approving a Recapture Agreement for MLRP Lockport Land, LLC (MLRP), as part of the development of the Heritage Crossing Corporate Center; and WHEREAS, the Recapture Agreement required nearby property owners who benefitted from the public improvements constructed by MLRP to pay their proportionate share of the costs incurred by MLRP for the public improvements; and WHEREAS, as the Heritage Crossing project has progressed, it has been determined that property owners not included in the Recapture Agreement approved in 2013 will benefit from the public improvements constructed at MLRP’s expense; and WHEREAS, the Mayor and City Council of the City of Lockport have determined that it is in the best interests of the City and its residents to have an amended and restated Recapture Agreement approved to replace the agreement that was approved in 2013 and to have the amended and restated agreement include all of the benefitted properties in the Recapture Agreement. NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Lockport, Will County, Illinois, as follows: SECTION ONE: The attached Amended and Restated Recapture Agreement is hereby approved. SECTION TWO: The Mayor and City Clerk are authorized and directed to sign all necessary documents in furtherance of this Resolution. 1 SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this day of , 2015, with ALDERMEN voting aye ALDERMEN abstaining ALDERMEN voting nay ALDERMEN absent The MAYOR voting aye , voting nay , not voting ______PETRAKOS ______CAPADONA ______GILLOGLY ______SMITH ______DESKIN ______VANDERMEER ______PERRETTA ______BARTELSEN ______MAYOR Steven Streit, Mayor ATTEST: Alice Matteucci, City Clerk AMENDED AND RESTATED RECAPTURE AGREEMENT BETWEEN THE CITY OF LOCKPORT AND MLRP LOCKPORT LAND, LLC THIS AMENDED AND RESTATED RECAPTURE AGREEMENT (this “Agreement”) is made and entered into this day of April, 2015, by and between the CITY OF LOCKPORT, a Municipal Corporation in the State of Illinois (hereinafter referred to as “CITY”) and MLRP LOCKPORT LAND LLC, a Delaware limited liability company (hereinafter referred to as “MLRP”) (CITY and MLRP are sometimes collectively referred to herein as the “Parties” and individually as a “Party”). W I T N E S S E T H WHEREAS, the CITY has been authorized under the Illinois Municipal Code to maintain and operate a system of roadways and a water and sanitary sewer system within its corporate limits; WHEREAS, MLRP is the owner of certain real property located in Will County, Illinois, legally described on Exhibit A attached hereto and incorporated herein (the “MLRP Property”), and MLRP has been developing the MLRP Property as the Heritage Crossing Corporate Center; WHEREAS, the MLRP Property is the subject of an Annexation Agreement with the CITY dated on or about July 25, 2001, which was supplemented by that certain Memorandum of Agreement dated March 12, 2008, between the CITY and MLRP (collectively, the “Annexation Agreement”); WHEREAS, pursuant to the terms of the Annexation Agreement, in order to allow the development of the MLRP Property, MLRP has undertaken and will undertake the construction of certain infrastructure improvements, including, to the extent necessary for its development of the MLRP Property, the construction of improvements to Gougar Road, 143rd Street, and 147th Street, including intersections and traffic signalization for these roads, and the extension of the City’s water and sanitary sewer system (hereinafter collectively referred to as the “Improvements”); and WHEREAS, the Improvements will benefit several parcels of real property not owned by MLRP, which parcels are depicted and identified as Parcels 1 through 7 on Exhibit B and identified by PIN Number and legal description on Exhibit C (each a “Benefited Property” and collectively the “Benefited Properties”); and WHEREAS, as provided in the Annexation Agreement and as set forth herein, MLRP is entitled to reimbursement for certain Improvement costs from each owner of a Benefited Property (each a “Benefited Owner” and collectively the “Benefited Owners”). 1 NOW, THEREFORE, and in consideration of the mutual covenants and agreements herein contained, the adequacy and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this Agreement as fully as though restated in their entirety in this Paragraph 1. 2. Benefited Service Areas Defined. Pursuant to the provisions of the Illinois Municipal Code (65 ILCS 5/9-5-1), the CITY acknowledges that the construction of the Improvements will benefit and allow for the future development of not only the MLRP Property but also the Benefited Properties. 3. Recapture Amounts and Collection. In order to effect a fair and equitable allocation of the cost of the Improvements among those who will be benefited by the Improvements, MLRP shall be entitled to recapture fees collected by the CITY from the Benefited Properties for their share of the costs of the construction of the Improvements. The amounts to be assessed against each of the Benefitted Properties are set forth in the following Exhibits: Exhibit D: Gougar Road Improvements Exhibit E: Watermain Extension Improvements Exhibit F: Sanitary Sewer Extension Improvements Exhibit G: Total Recapture Cost Payable for Each Benefitted Property The amounts set forth in Exhibits D through G payable for each Benefitted Property shall be referred to as the “Fees” in this Agreement. The CITY agrees to collect the Fees as provided for in this Agreement and to distribute them to MLRP within thirty (30) days of receipt. The Fees shall be due and payable by each Benefited Owner to the CITY upon the first to occur of the following with respect to such Benefited Owner’s Benefited Property: (a) the approval of a final plat of subdivision or a final planned unit development by the CITY for property which includes the Benefited Property, (b) the issuance by the CITY of a building permit for the Benefited Property, (c) the issuance by the CITY of a certificate of occupancy for the Benefited Property, (d) any connection to or utilization of any municipal utility of the CITY by the Benefited Property, and (e) the use of Gougar Road for vehicular access to the Benefited Property. The CITY agrees that it will not approve a final plat of subdivision or a final planned unit development for a Benefited Property, or issue a building permit or certificate of occupancy for a Benefited Property, until all Fees applicable to that Benefited Property are paid in full to the CITY. Notwithstanding the foregoing, the Fees set forth on Exhibits D, E, F, and G as estimates shall not be subject to the recapture pursuant to this Agreement until the Improvements that are the subject of such estimates are completed and, upon such completion, the applicable Fees subject to 2 recapture shall be based on the actual cost of such Improvements, as reasonably determined by the CITY. The CITY shall collect the Fees when they are due and payable pursuant to this Section 3 and may bring suit to enforce the collection of Fees. MLRP shall also be entitled to bring suit on behalf of the CITY to collect Fees that are due and payable and in such event the CITY will cooperate with MLRP and provide MLRP with reasonable access to its books and records regarding the annexation and/or development of any property that includes the Benefited Property and the collection of any Fees. Neither the CITY nor any of its officials shall be liable for monetary damages for failure to collect the Fees. 4. Modification of Fees. Any increase or decrease in the Fees based on the actual costs of the Improvements shall be evidenced by the subsequent recording of a notice of modification or amendment of this Agreement with the Will County Recorder. 5. Term. This Agreement shall remain in full force and effect until the first to occur of: (A) Such time as all Fees have been paid; or (B) Twenty (20) years after the date of the completion of construction of all of the Improvements. 6. Severability. If any provision, clause, word or designation of this Agreement is held to be invalid by any Court of competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any other provision, clause, word or designation contained herein. 7. Notice. Any notice which either party may hereto desire may be required to give to the other party shall be in writing, and by mailing thereof by United States Certified or Registered Mail, postage prepaid, return receipt requested, to the respective addresses of the parties set forth below shall constitute service of notice hereunder two business days after the mailing thereof. Any such notice may be served by personal delivery to the other party which delivery shall constitute service of notice on the date of delivery. TO: City of Lockport 222 East Ninth Street Lockport, Illinois 60441 ATTENTION: Ben Benson, City Administrator TO: MLRP Lockport Land LLC c/o ML Realty Partners LLC One Pierce Place Itasca, Illinois 60143 ATTENTION: Timothy Geisler 3 COPY TO: 8. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the successors in title of MLRP, its successors, grantees, lessees, and assigns, and upon successor corporate authorities of the CITY and successor municipalities. 9. Merger/Amendment. This Agreement and the Annexation Agreement contain the entire agreement of the parties relative to the subject matter hereof and may be modified only by a written instrument executed by the Parties. In the event of any conflict between the terms of this Agreement and the terms of the Annexation Agreement, the terms of this Agreement shall control. 10. Mutual Cooperation. The Parties agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other, including, without limitation, the enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the Parties to comply with and effectuate the terms and provisions hereof. 11. Recording. This Agreement shall be recorded against the MLRP Property and the Benefitted Properties with the Will County Recorder’s Office, and the recording of this Agreement shall replace the Recapture Agreement previously approved by the CITY. 12. Other Fees. MLRP and the CITY acknowledge and agree that the Fees are separate and distinct from the tap-on fees and sales tax revenues described in that certain Memorandum of Agreement dated March 12, 2008, and prior versions of such memorandum, by and between the CITY and MLRP (and any other parties that may have executed such documents) and that the Fees shall not be subject to the allocation and distribution provisions set forth therein. [SIGNATURE PAGE FOLLOWS] 4 IN WITNESS WHEREOF, the undersigned Parties have caused this Agreement to be executed by their duly designated officials on the day and year first written above, pursuant to proper Resolution of the CITY and the proper authorization of MLRP. CITY OF LOCKPORT, a Municipal Corporation By: Steven Streit Mayor ATTEST: By: Alice Matteucci City Clerk MLRP LOCKPORT LAND LLC, a Delaware limited liability company By: Name: Title: 5 STATE OF ILLINOIS ) ) SS. COUNTY OF WILL ) I, the undersigned, a Notary Public in and for the County and State, do hereby certify that Steven Streit and Alice Matteucci personally known to me to be the Mayor and City Clerk, respectively, of the City of Lockport, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as the Mayor and City Clerk, they signed this instrument pursuant to authority given by the City Council of the City of Lockport. Given under my hand and official seal, this _day of April, 2015. Notary Public STATE OF ILLINOIS ) ) SS. COUNTY OF DUPAGE ) I, the undersigned, a Notary Public in and for the County and State, do hereby certify that , personally known to me to be the authorized signatory of MLRP Lockport Land LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her free and voluntary act, and as the free and voluntary act and deed of said company, for the uses and purposes therein set forth. Given under my hand and official seal, this day of April, 2015. Notary Public 6 EXHIBIT “A” MLRP PROPERTY LEGAL DESCRIPTION PARCEL 1: THAT PART OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR'S SUBDIVISION OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS THE EAST 144.70 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243, THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 05 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID SUBDIVISION 452.08 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE, BEING ALSO THE SOUTHWEST CORNER OF LOT 11 IN SAID SUBDIVISION; THENCE NORTH 88 DEGREES 54 MINUTES 52 SECONDS WEST ALONG AN EXTENSION OF SAID NORTHERLY RIGHT OF WAY LINE 483.69 FEET; THENCE NORTH 01 DEGREES 05 MINUTES 08 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID STATELY OAKS SUBDIVISION 448.65 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 89 DEGREES 19 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE 483.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. PARCEL 2: THE WEST 861.72 FEET OF THE EAST 1961.72 FEET (AS MEASURED ALONG THE NORTH LINE THEREOF) OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR'S SUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, EXCEPT THEREFROM A TRACT OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243 IN SAID COUNTY; THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 05 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID SUBDIVISION 452.08 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE, BEING ALSO THE SOUTHWEST CORNER OF LOT 11 IN SAID SUBDIVISION; THENCE NORTH 88 DEGREES 54 MINUTES 52 SECONDS WEST ALONG AN EXTENSION OF SAID NORTHERLY RIGHT OF WAY LINE 483.69 FEET; THENCE NORTH 01 DEGREES 05 MINUTES 08 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID STATELY OAKS SUBDIVISION 448.65 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE A-1 SOUTH 89 DEGREES 19 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE 483.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. PARCEL 2A: EASEMENT FOR THE BENEFIT OF PARCEL 2 FOR INGRESS AND EGRESS AS CREATED BY AGREEMENT CREATING INGRESS AND EGRESS EASEMENT DATED FEBRUARY 4, 1986 AND RECORDED FEBRUARY 21, 1986 AS DOCUMENT R86-06249, OVER, ACROSS, UNDER AND ALONG A STRIP OF LAND 12 FEET IN WIDTH IN THAT PART OF THE NORTH 99.929 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, THE CENTER LINE OF WHICH BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF 143RD STREET, DISTANT WESTERLY 304.44 FEET FROM THE WEST LINE OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243; THENCE ON AN ASSUMED BEARING OF SOUTH 04 DEGREES 01 MINUTES 46 SECONDS WEST 132.78 FEET; THENCE SOUTH 08 DEGREES 22 MINUTES 43 SECONDS WEST 269.50 FEET TO A POINT OF TERMINATION IN THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE EXTENDED WEST 345.46 FEET FROM THE WEST LINE OF SAID STATELY OAKS SUBDIVISION, IN WILL COUNTY, ILLINOIS. PARCEL 2B: EASEMENT FOR THE BENEFIT OF PARCEL 2 FOR UTILITIES AS CREATED BY AGREEMENT CREATING UTILITIES EASEMENT DATED FEBRUARY 4, 1986 AND RECORDED FEBRUARY 21, 1986 AS DOCUMENT R86-06248, FOR NATURAL GAS PIPELINE, ELECTRICAL LINES AND TELEPHONE LINES OVER, ACROSS, UNDER AND ALONG A STRIP OF LAND 50 FEET IN WIDTH MEASURED FROM THE CENTER LINE WESTERLY OF THAT PART OF THE NORTH 99.929 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF 143RD STREET, DISTANT WESTERLY 304.44 FEET FROM THE WEST LINE OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243; THENCE ON AN ASSUMED BEARING OF SOUTH 04 DEGREES 01 MINUTES 46 SECONDS WEST 132.78 FEET; THENCE SOUTH 08 DEGREES 22 MINUTES 43 SECONDS WEST 269.50 FEET TO A POINT OF TERMINATION IN THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE EXTENDED WEST 345.46 FEET FROM THE WEST LINE OF SAID STATELY OAKS SUBDIVISION, IN WILL COUNTY, ILLINOIS. A-2 PARCEL 3: THE NORTH 17.50 ACRES OF THE EAST 35.00 ACRES OF SOUTH 60.00 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS; AND THE SOUTH 17.50 ACRES OF THE EAST 35.00 ACRES OF THE SOUTH 60.00 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS; AND THE SOUTH 60 ACRES, EXCEPT THE EAST 35 ACRES, OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS; AND ALL THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER AND RUNNING THENCE EAST 19 CHAINS AND 76 LINKS; THENCE SOUTH 10 CHAINS; THENCE WEST 6 CHAINS AND 42 LINKS; THENCE SOUTH 1 CHAIN AND 57 LINKS; THENCE WEST 13 CHAINS AND 34 LINKS; THENCE NORTH 11 CHAINS AND 57 LINKS TO THE POINT OF BEGINNING; ALL IN WILL COUNTY, ILLINOIS. PARCEL 4: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THE EAST HALF OF SECTION 7, ALL IN TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 39 MINUTES 41 SECONDS WEST, ON THE EAST LINE OF SAID SOUTHEAST QUARTER AND ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1884.83 FEET TO THE NORTH LINE OF PARCEL 2 AS DESCRIBED IN DOCUMENT NO. R92-563 18; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 867.80 FEET TO THE WEST LINE OF THE PARCEL CONVEYED BY DOCUMENT NO. R2004-183292; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID WEST LINE, 99.26 FEET TO THE NORTHWEST CORNER OF SAID DOCUMENT NO. R2004-183292; THENCE NORTH 87 DEGREES 48 MINUTES 14 SECONDS EAST, ON THE NORTH LINE OF SAID DOCUMENT NO. R2004-183292 AND THE NORTH LINE OF PARCEL 3 AS DESCRIBED IN DOCUMENT NO. R2002-037762, A DISTANCE OF 444.19 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID EAST LINE, 664.13 FEET TO THE NORTH LINE OF SAID SOUTHWEST A-3 QUARTER; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 1311.59 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE EAST LINE OF SAID NORTHWEST QUARTER, 994.50 FEET TO THE SOUTHEAST CORNER OF STATELY OAKS, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 8, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243 AND CERTIFICATE OF CORRECTION RECORDED DECEMBER 11, 1978 AS DOCUMENT NO. R78-49011; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON THE SOUTH LINE OF SAID STATELY OAKS, 1100.00 FEET TO THE SOUTHWEST CORNER OF SAID STATELY OAKS; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE WEST LINE OF SAID STATELY OAKS, 1660.08 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 144.70 FEET; THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 451.05 FEET TO THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF STATELY OAKS DRIVE; THENCE SOUTH 88 DEGREES 16 MINUTES 41 SECONDS WEST, ON SAID EASTERLY EXTENSION, 338.99 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 448.64 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 378.02 FEET TO THE WEST LINE OF THE EAST 1961.72 FEET (AS MEASURED ON THE NORTH LINE) OF SAID NORTHWEST QUARTER, THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 1659.77 FEET TO THE SOUTH LINE OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 48 MINUTES 46 SECONDS WEST, ON SAID SOUTH LINE, 660.60 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREE 40 MINUTES 21 SECONDS WEST, ON SAID WEST LINE, 1582.51 FEET TO THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 355 PER CONDEMNATION CASE 96E07954; THENCE SOUTHERLY ON SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING 11 COURSES AND DISTANCES: SOUTH 72 DEGREES 11 MINUTES 22 SECONDS WEST, 181.87 FEET; SOUTH 42 DEGREES 19 MINUTES 02 SECONDS WEST, 113.16 FEET; SOUTH 16 DEGREES 44 MINUTES 18 SECONDS WEST, 491.75 FEET; SOUTH 23 DEGREES 24 MINUTES 34 SECONDS WEST, 719.48 FEET; SOUTH 12 DEGREES 05 MINUTES 47 SECONDS WEST, 1620.93 FEET; SOUTH 09 DEGREES 37 MINUTES 28 SECONDS WEST, 1989.48 FEET; SOUTH 03 DEGREES 35 MINUTES 22 SECONDS EAST, 353.55 FEET; SOUTH 81 DEGREES 27 MINUTES 09 SECONDS EAST, 251.93 FEET; NORTH 89 DEGREES 48 MINUTES 50 SECONDS EAST, 400.13 FEET; NORTH 89 DEGREES 31 MINUTES 34 SECONDS EAST, 100.02 FEET; SOUTH 01 DEGREE 42 MINUTES 44 SECONDS EAST, 41.28 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88 DEGREES 17 A-4 MINUTES 31 SECONDS EAST, ON SAID SOUTH LINE, 728.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. EXCEPTING THEREFROM LOT 3 IN HERITAGE CROSSING CORPORATE CENTER UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 22, 2012, AS DOCUMENT NUMBER R2012091660 IN WILL COUNTY ILLINOIS. THE ABOVE 4 PARCELS TAKEN AS A SINGLE TRACT ARE DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 7 AND THAT PART OF THE WEST HALF OF SECTION 8, ALL IN TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 39 MINUTES 41 SECONDS WEST, ON THE EAST LINE OF SAID SOUTHEAST QUARTER AND ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1884.83 FEET TO THE NORTH LINE OF PARCEL 2 AS DESCRIBED IN DOCUMENT NO. R92-563 18; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 867.80 FEET TO THE WEST LINE OF THE PARCEL CONVEYED BY DOCUMENT NO. R2004-183292; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID WEST LINE, 99.26 FEET TO THE NORTHWEST CORNER OF SAID DOCUMENT NO. R2004-183292; THENCE NORTH 87 DEGREES 48 MINUTES 14 SECONDS EAST, ON THE NORTH LINE OF SAID DOCUMENT NO. R2004-183292 AND THE NORTH LINE OF PARCEL 3 AS DESCRIBED IN DOCUMENT NO. R2002- 037762, A DISTANCE OF 444.19 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID EAST LINE, 664.13 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 1311.59 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE EAST LINE OF SAID NORTHWEST QUARTER, 994.50 FEET TO THE SOUTHEAST CORNER OF STATELY OAKS, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 8, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243 AND CERTIFICATE OF CORRECTION RECORDED DECEMBER 11, 1978 AS DOCUMENT NO. R78-49011; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON THE SOUTH LINE OF SAID STATELY OAKS, 1100.00 FEET TO THE SOUTHWEST CORNER OF SAID STATELY OAKS; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE WEST LINE OF SAID A-5 STATELY OAKS, 1660.08 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 144.70 FEET; THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 451.05 FEET TO THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF STATELY OAKS DRIVE; THENCE SOUTH 88 DEGREES 16 MINUTES 41 SECONDS WEST, ON SAID EASTERLY EXTENSION, 338.99 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 448.64 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 378.02 FEET TO THE WEST LINE OF THE EAST 1961.72 FEET (AS MEASURED ON THE NORTH LINE) OF SAID NORTHWEST QUARTER; THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 1659.77 FEET TO THE SOUTH LINE OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 48 MINUTES 46 SECONDS WEST, ON SAID SOUTH LINE, 660.60 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREE 40 MINUTES 21 SECONDS WEST, ON SAID WEST LINE, 1582.51 FEET TO THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 355 PER CONDEMNATION CASE 96ED7954; THENCE SOUTHERLY ON SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING 11 COURSES AND DISTANCES: SOUTH 72 DEGREES 11 MINUTES 22 SECONDS WEST, 181.87 FEET; SOUTH 42 DEGREES 19 MINUTES 02 SECONDS WEST, 113.16 FEET; SOUTH 16 DEGREES 44 MINUTES 18 SECONDS WEST, 491.75 FEET; SOUTH 23 DEGREES 24 MINUTES 34 SECONDS WEST, 719.48 FEET; SOUTH 12 DEGREES 05 MINUTES 47 SECONDS WEST, 1620.93 FEET; SOUTH 09 DEGREES 37 MINUTES 28 SECONDS WEST, 1989.48 FEET; SOUTH 03 DEGREES 35 MINUTES 22 SECONDS EAST, 353.55 FEET; SOUTH 81 DEGREES 27 MINUTES 09 SECONDS EAST, 251.93 FEET; NORTH 89 DEGREES 48 MINUTES 50 SECONDS EAST, 400.13 FEET; NORTH 89 DEGREES 31 MINUTES 34 SECONDS EAST, 100.02 FEET; SOUTH 01 DEGREE 42 MINUTES 44 SECONDS EAST, 41.28 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88 DEGREES 17 MINUTES 31 SECONDS EAST, ON SAID SOUTH LINE, 728.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. EXCEPTING THEREFROM LOT 3 IN HERITAGE CROSSING CORPORATE CENTER UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 22, 2012, AS DOCUMENT NUMBER R2012091660 IN WILL COUNTY ILLINOIS A-6 ., -{. -- -__:;;:::=::=----:,':-:'i: d -s=TR EE:=T'!- --- --. - -'" , : - 4.;r _ -:-_ fJ..L. -_ J::- - ---+-r---r EX. R.O.W. l_._- \ \ \ I 1 I \ \ I I .I I \ \ \ I I ·I I EX. R.O.W. \ \ \ I \ I \ \ I I I \ \ I I I I \ \ I I I I \ \ I I I N PARCEL 7 \ I \ I I , 1 I \ \ I I I ! \ I I \ I I PARCEL 1 I I I I I PARCEL 3 \ ---.., - T I \ \ I I I SCALE: 1"=200' l PARCEl 6 1 t I I I \ I 1 I I I I \ \ I I I EXISTING BUILDING 1 •---ilf lf I \ \ I I I I _ _ _ I _ _ _ _l \ I L - - - ..L - - - l --·-- : :::=:=fL-=d - 1 1 lJTi L------· ------1 1 I [_ __ I \ I ! 1 I PARCEL 5 1 I \ I 1 I _J I ------I I I FUTURE BU\LDING 5 PARCEL 4 I PARCEL 2 !1 I ii I ! l r-- I n_ _B1_==. I (- - --- · ----=----- · I \ ll1 ;). I I \ : I I1 EXISTING BUILDING 2 I 1 \ I J1 I I1 I I"'o lu------·-u- · _ _------_ I ------I Cj JI --·----··- I FUTURE BUILDING 4 r-·-----..._ r-'-..... ,/'-J """' / "' HERITAGE CROSSING CORPORATE CTR. 1 1910 SOUTH HIGHLAND AVENUE . SUITE 100 JACOB & HEF'.'> ER ASSOCIATES, INC. L.'L.::O: ENGINEERS · SURVEYORS C::,K:::_PORT , ILL:I:N,: O IS:_ - J.._...!!! !!!!!!!!:-- LOMBARD, ILLINOIS 60148 GOUGAR ROAD RECAPTURE EX HIBIT ( 630) M2-4600 3/20/2015 J&HA PROJECT NO. E086c 0 A T E · EX J.C IB IT B EXHIBIT “C” LEGAL DESCRIPTION OF PARCEL 1 THE N 726 FT OF THE W 300 FT OF THE E 2261.72 FT OF THE N 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR’S SUB OF THE NW1/4 OF SEC. 8, T34N-R11E (EX THE W 150 FT OF THE E 2261.72 FT OF THE N 726 FT OF THE N 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR’S SUB, BEING A SUB OF PRT OF THE NW1/4 OF SEC. 8, T36N-R11E PER R86-047367& (EX THAT PRT TAKEN FOR RD WIDEING PER 96ED4425) ADDRESS: 15907 W 143RD ST. LOCKPORT, IL 60441 PIN: 16-05-08-100-014-0000 LEGAL DESCRIPTION OF PARCEL 2 THE W 329.54 FT OF THEE 2291.26 FT (AS MEAS ALG THEN & S LNS THROF) OF THEN 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR’S SUB, BEING A SUB OF PRT OF THE NW114 OF SEC. 8, T36N-R11E (EX THEE 300FT OF THEN 726FT THROF) & (EX THAT PRT TAKEN FOR RD WIDENING PER R96-054621.) ADDRESS: 15931 W 143RD ST. LOCKPORT, IL 60441 PIN: 16-05-08-100-019-0000 LEGAL DESCRIPTION OF PARCEL 3 THE W 150 FT OF THE E 2261.72 FT OF THE N 726 FT OF THE N 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR’S SUB OF PRT OF THE NW1/4 OF SEC. 8, T36N-R11E (EX THAT PRT TAKEN FOR RD WIDENING PER 96ED9643). ADDRESS: 15919 W 143RD ST. LOCKPORT, IL 60441 PIN: 16-05-08-100-015-0000 Exhibit C – Page 1 of 2 LEGAL DESCRIPTION OF PARCEL 4 THAT PRT OF THE N 100 ACRES OF ASSESSOR’S SUB, BEING A SUB OF PRT OF THE NW1/4 OF SEC. 8, T36N-R11E, TOGETHER WITH THAT PRT OF THE S 623.48 FT WHICH LIES W OF THE E 2291.26 FT AND THAT PRT OF THE W 14.77 FT OF THE E 2306.03 FT WHICH LIES N OF THE S 623.48 FT (EX THAT PRT TAKEN FOR RD WIDENING PER 96-ED2458). ADDRESS: 15933 W 143RD ST. LOCKPORT, IL 60441 PIN: 16-05-08-100-020-0000 LEGAL DESCRIPTION OF PARCEL 5 THE N 100 ACRES(99.929 MEAS) OF THE ASSESSOR’S SUB OF THE NW1/4 IN SEC. 8, T36N-R11E, (EX THRFM THE E 2306.03 FT AS MEAS ALG THE N & S LNS THROF) & (EX THE N 726 FT AS MEAS PARL WITH THE E LN OF SD N 100 ACRES LYG W OF THE W 2320.80 FT THROF) & (EX THE S 623.48 FT A S MEAS PARL WITH THE E LN OF SD N 100 ACRES) & (EX THAT PRT TAKEN FOR RD WIDENING PER R96-067645. ADDRESS: 15935 W 143RD ST. HOMER GLEN, IL 60491 PIN: 16-05-08-100-021-0000 LEGAL DESCRIPTION OF PARCEL 6 THE E 2.501 ACRES OF THE W 5.009 ACRES OF THE N 726 FT OF THE NW1/4 OF THE NW1/4 OF SEC. 8, T36N-R11E (EX THAT PRT TAKEN FOR RD WIDENING PER 96ED2457). REM AFTER DIV PER R90-037170 NDA. ADDRESS: 15947 W 143RD ST. LOCKPORT, IL 60441 PIN: 16-05-08-100-023-0000 LEGAL DESCRIPTION OF PARCEL 7 THE N 726 FT (AS MEAS PARL WITH THE E LN) OF THE N 100 ACRES (99.929 ACRES MEAS) OF THE ASSESSOR’S SUB OF THE NW1/4 OF SEC 8, T36N-R11E (EX THRFM THE E 2470.80 FT AS MEAS ALG THE N/S LINES THROF) & (EX THAT PRT TAKEN FOR RD WIDENING PER 96ED7254). ADDRESS: 15959 W 143RD ST. LOCKPORT, IL 60441 PIN: 16-05-08-100-022-0000 Exhibit C – Page 2 of 2 I 143rd STREEfr, , - - =====i=====J --- l1--,-----i1= _\ 1/ l i - ' ' '1\:- \ : ' 'l EX. R.O.W. 1 1 \ I I EX. R.o.w.1 1 1 I \ I 1 1 1 1 1 I \ I 1 I \ \ I I 1 I I I I 1 1 1 1 - PARCEL 7 I 1 1 1 I l I 1 1 I I I I 1 1 \ I PARCEL 3 : PARCEL 1 ---,----iu-- J I I 1 l I i'0-1-- JL 1 1 1 I I I i..;.;1mmmH!JIH!!l lll!ll!ll'. n ======::::.==-. SCALE: 1"=200' I PARCEL 6 II I \ \ l I \ I I .-_J EXISTING BUILDING 1 I 1 J I l l I 1 1 1 I I _ _ I_ _ - J 1 1 L - - - _L ------1 \ 1 I 1 1 1 I PARCEL 5 \ I 1 I 1 1 _J \ ------\ l I FUTURE BU LDING 5 PARCEL 4 I PARCEL 2 I I I I I I I EXISTING BUILDING 2 I I I I \ cn..., u t\.t L----. \ I FUTURE BUILDING 4 ) " -i HERITAGE CROSSING CORPORATE CTR. JACOB & HEFNER ASSOCIATES, INC. LOCKPORT, ILLINOIS 1 ENGINEERS · SURVEYORS EXHIBIT NO.: :!!l L1O11M10BASRODU, TIHLIJHNIGOHISLA6N0D14A8VENUE. SUITE lOO GOUGAR ROAD RECAPTURE EXHIBIT 3/20/2015 l._ ce_2o_> _e5_2-4eoo------J& HA PROJ E CT NO E086c------...,.j.._ o_A_T-.E.. = ---- HERITAGE CROSSING CORPORATE CENTER (HCCC) PIN= 16-05-08-100-013-0000 AREA=228. 253 ACRES OFF-SITE PARCELS PARCEL 1: PIN= 16-05-08-100-014-0000 AREA=2.352 ACRES PARCEL 2: PIN= 16-05-08-100-019-0000 AREA= 7.533 ACRES PARCEL 3: PIN= 16-05-08-100-015-0000 AREA=2.353 ACRES PARCEL 4: GOUGAR ROAD COST=$1.695. 119* PIN= 16-05-08-100-020-0000 HERITAGE CROSSING CORPORATE CENTER (50%)=$847,560 AREA=5.071 ACRES PARCEL 1 (9.596% OF REMAINING 50%)=$81,331.86 PARCEL 2 (30.734% OF REMAINING 50%)=$260,489.09 PARCEL 5: PARCEL 3 (9.600% OF REMAINING 50%)=$81,365.76 PIN= 16-05-08-100-021-0000 PARCEL 4 (20.690% OF REMAINING 50%)=$175,360. 16 AREA=2.484 ACRES PARCEL 5 (10.135% OF REMAINING 50%)=$85,900.21 PARCEL 6 (9.608% OF REMAINING 50%)=$81,433.56 PARCEL 6: PIN= 16-05-08-100-023-0000 PARCEL 7 (9.637% OF REMAINING 50%)=$81,679.36 AREA=2.355 ACRES *PER ACTUAL CONSTRUCTION COSTS FOR GOUGAR ROAD IMPROVEMENTS, PROVIDED BY GA BLOCKER. PARCEL 7: PIN= 16-05-08-100-022-0000 AREA=2.362 ACRES TOTAL OFF-SITE AREA (PARCELS 1-7)=24.510 ACRES HCCC + PARCELS 1-7=252.763 ACRES HERITAGE CROSSING CORPORATE CTR. JACOB & HEFNER ASSOCIATES, INC. LOCKPORT, ILLINOIS 2 ENGINEERS · SURVEYORS EXHIBIT NO.: 11110 SOUTH H GHLAND AVENUE, SUITE 100 LOMBARD, ILIJNOIS 60148 (630) 652-4600 GOUGAR ROAD RECAPTURE EXHIBIT J&HA PROJECT NO. E086c 3D/ 2A0 T/ 1E 5: GOUGAR ROAD IMPROVEMENTS CONSTRUCTION COST TOTAL EARTHWORK & EROSION CONTROL Item Description Quantity Unit Unit Price Total 51 Construction Layout - Earthwork 1 SUM $13,080.00 $13,080.00 55 Mobilization 1 SUM $11,400.00 $11,400.00 75 Clear & Grub Site 1 SUM $14,350.00 $14,350.00 86 Silt Fence 6,916 LFT $1.60 $11,065.60 87 SWPPP Plan / Erosion Control Maint. 1 SUM $4,711.90 $4,711.90 88 Construction Entrance 3,000 SFT $1.10 $3,300.00 89 Concrete Overflow Weir - Pond 1 1 EA $5,220.00 $5,220.00 90 F & I Misc. Riprap/ Eros. Control 1 SUM $11,360.00 $11,360.00 91 F & I Triangular Ditch Checks 1 EA $220.00 $220.00 93 Temporary Riser Structures 4 EA $3,165.00 $12,660.00 95 Inlet Protection 15 EA $132.50 $1,987.50 100 Topsoil Stripping 39,387 CYD $2.26 $89,096.35 110 Clay Cut to Fill 108,032 CYD $3.00 $324,096.00 160 Topsoil Respread - Detention Ponds 15,330 CYD $2.45 $37,558.50 165 Topsoil Respread - R.O.W. Areas 4,900 CYD $4.50 $22,050.00 SUBTOTAL - EARTHWORK & EROSION CONTROL (TOTAL COSTS) $562,155.85 NET RECAPTURE AMOUNT - EARTHWORK & EROSION CONTROL $ 369,741.74 GOUGAR ROAD ONLY DETENTION POND 1 ONLY DETENTION POND 9 ONLY Quantity Unit Unit Price Total Quantity Unit Unit Price Total Quantity Unit Unit Price Total 0.70 SUM $13,080.00 $9,156.00 0.20 SUM $13,080.00 $2,616.00 0.10 SUM $13,080.00 $1,308.00 0.80 SUM $11,400.00 $9,120.00 0.10 SUM $11,400.00 $1,140.00 0.10 SUM $11,400.00 $1,140.00 0.60 SUM $14,350.00 $8,610.00 0.25 SUM $14,350.00 $3,587.50 0.15 SUM $14,350.00 $2,152.50 4,500 LFT $1.60 $7,200.00 1,400 LFT $1.60 $2,240.00 1,016 LFT $1.60 $1,625.60 0.45 SUM $4,711.90 $2,120.36 0.20 SUM $4,711.90 $942.38 0.35 SUM $4,711.90 $1,649.17 3,000 SFT $1.10 $3,300.00 0 SFT $1.10 $0.00 0 SFT $1.10 $0.00 - EA $5,220.00 $0.00 1.00 EA $5,220.00 $5,220.00 - EA $5,220.00 $0.00 0.10 SUM $11,360.00 $1,136.00 0.60 SUM $11,360.00 $6,816.00 0.30 SUM $11,360.00 $3,408.00 1.00 EA $220.00 $220.00 - EA $220.00 $0.00 - EA $220.00 $0.00 - EA $3,165.00 $0.00 2.00 EA $3,165.00 $6,330.00 2.00 EA $3,165.00 $6,330.00 15.00 EA $132.50 $1,987.50 0 EA $132.50 $0.00 0 EA $132.50 $0.00 26,574 CYD $2.26 $60,112.38 2,864 CYD $2.26 $6,478.58 9,949 CYD $2.26 $22,505.38 65,585 CYD $3.00 $196,755.00 25,771 CYD $3.00 $77,313.00 16,676 CYD $3.00 $50,028.00 0 CYD $2.45 $0.00 2,855 CYD $2.45 $6,994.75 12,475 CYD $2.45 $30,563.75 4,900 CYD $4.50 $22,050.00 0 CYD $4.50 $0.00 0 CYD $4.50 $0.00 SUBTOTAL - ALL ITEMS $321,767.24 SUBTOTAL - ALL ITEMS $119,678.21 SUBTOTAL - ALL ITEMS $120,710.40 RECAPTURE ALLOWED 100% RECAPTURE ALLOWED 30% RECAPTURE ALLOWED 10% NET RECAPTURE ELIGIBLE $ 321,767.24 NET RECAPTURE ELIGIBLE $ 35,903.46 NET RECAPTURE ELIGIBLE $ 12,071.04 PAVEMENT, STRIPING & SIGNAGE Item Description Quantity Unit Unit Price Total Mobilization for Curb & Paving 1 SUM $5,900.00 $5,900.00 601 Fine Grade Roadway Subgrade 9,370 SYD $0.80 $7,496.00 603 Lime Stabilization - Gougar Road 12,095 SYD $5.25 $63,498.75 605 F & I Roadway Base Stone 9,370 SYD $4.20 $39,354.00 613 B6.24 Conc. Curb & Gutter 3,475 LFT $16.70 $58,032.50 615 B9.12 Conc. Curb & Gutter 718 LFT $14.50 $10,411.00 621 Backfill Curb 4,193 LFT $0.88 $3,689.84 625 HMA Base Course N50 6.25" 9,370 SYD $19.05 $178,498.50 629 HMA Binder Course N70 3" 9,370 SYD $10.90 $102,133.00 633 HMA Surface Course N70 2" 9,370 SYD $8.15 $76,365.50 637 Pvmt Markings - Paint Striping 1 SUM $1,695.00 $1,695.00 639 Pvmnt Markings - Thermoplastic 1 SUM $3,395.00 $3,395.00 640 Barr. Type 3 Bolted to Pavement 6 EA $185.00 $1,110.00 641 Stop Signs Installed 1 EA $290.00 $290.00 NET RECAPTURE AMOUNT - PAVMENT, STRIPING & SIGNAGE $551,869.09 STREETLIGHTING, COMPLETE Item Description Quantity Unit Unit Price Total 951 Street Lighting Complete 1 SUM $58,150.00 $58,150.00 ComEd Service Feed for Streetlights 1 SUM $550.00 $550.00 ComEd Sleeves @ 143rd Street/Gougar Rd 1 SUM $3,600.00 $3,600.00 NET RECAPTURE AMOUNT - STREETLIGHTING $62,300.00 143rd & GOUGAR ROAD INTERSECTION IMPROVEMENTS Item Description Quantity Unit Unit Price Total 659 Sawcut Exist. Asphalt @ 143rd 280 LFT $5.30 $1,484.00 660 Lime Stabilization - Temp Connection 355 SYD $5.25 $1,863.75 661 Fine Grade Roadway Subgrade 355 SYD $0.80 $284.00 667 F & I Roadway Base Stone 355 SYD $10.25 $3,638.75 669 HMA Base Course N50 11.5" 355 SYD $39.00 $13,845.00 671 HMA Surface Course N70 1.5" 355 SYD $6.50 $2,307.50 673 Strip Reflective Crack Control 132 LFT $2.40 $316.80 675 Traffic Control Complete 1 SUM $3,715.00 $3,715.00 801 Retaining Wall (Gougar Road)* 1 SUM $58,150.00 $58,150.00 901 Traffic Signal* 1 SUM $300,000.00 $300,000.00 ROW Acquisition Fee 1 SUM $75,000.00 $75,000.00 NET RECAPTURE AMOUNT - INTERSECTION IMPROVEMENTS $460,604.80 STORM SEWER IMPROVEMENTS Item Description Quantity Unit Unit Price Total 200 4 HDPE Perforated Draintile 1,289 LFT $5.72 $7,373.08 201 12 RCP Storm Sewer 720 LFT $21.84 $15,724.80 203 15 RCP Storm Sewer 177 LFT $23.96 $4,240.92 205 18 RCP Storm Sewer 631 LFT $27.03 $17,055.93 207 24 RCP Storm Sewer 427 LFT $32.17 $13,736.59 208 24 HDPE Storm Sewer 288 LFT $36.15 $10,411.20 209 30 RCP Storm Sewer 217 LFT $40.28 $8,740.76 211 36 RCP Storm Sewer 73 LFT $58.83 $4,294.59 215 48 RCP Storm Sewer 106 LFT $216.37 $22,935.22 216 48 HDPE Storm Sewer 48 LFT $91.48 $4,391.04 217 Trench Backfill - Storm Sewer 1,303 LFT $13.46 $17,538.38 219 24 Type A Inlet 8 EA $1,277.30 $10,218.40 221 48 Catch Basin 7 EA $1,621.80 $11,352.60 222 60 Catch Basin w/ Restrictor 1 EA $3,202.26 $3,202.26 223 72 Catch Basin w/ Restrictor 1 EA $4,634.32 $4,634.32 225 96 Catch Basin 1 EA $6,540.20 $6,540.20 227 48 Storm Manhole 6 EA $1,520.04 $9,120.24 229 60 Storm Manhole 3 EA $1,981.14 $5,943.42 231 72 Storm Manhole 3 EA $3,529.80 $10,589.40 231a 96 Storm Manhole 1 EA $6,435.35 $6,435.35 232 24 Headwall w/ Flap Gate 1 EA $5,793.60 $5,793.60 233 12 RCP FES w/ Grate 2 EA $684.76 $1,369.52 235 24 RCP FES w/ Grate 3 EA $858.60 $2,575.80 239 30 RCP Headwall 1 EA $1,067.42 $1,067.42 241 36 RCP Headwall 1 EA $1,544.42 $1,544.42 243 48 RCP FES w/ Grate 3 EA $1,931.32 $5,793.96 245 Adjust Existing Storm Manhole 1 SUM $559.68 $559.68 251 Riprap Apron 5 147 SYD $34.56 $5,080.32 253 Riprap Apron 9 286 SYD $62.01 $17,734.86 297 Haul, Level & Compact Sewer Spoils 2,000 CYD $4.49 $8,980.00 Televising of Storm Sewer Improvements 1 SUM $5,625.00 $5,625.00 NET RECAPTURE AMOUNT - STORM SEWER IMPROVEMENTS $250,603.28 TOTAL RECAPTURE AMOUNT $1,695,119 *= Costs listed above for R.O.W. acquisition and traffic signals are estimated. Should these items be completed prior to benefitted properties being annexed, recapture shall be based on actual costs associated with these items. 0 300' 600' EXISTING RESIDENTIAL EX. 10"0 WATERMAIN . 12"0 WATERMAIN 1 I : \ EX. 16"0 WATERMA FUTURE r.-..--, _ BUILDING 7 · · :::].J POND 10A & 108 GOUGAR ROAD BUILDING 8 EXISTING RESIDENTIAL EX. 16"0 WATERMAIN EX. 16"0 WATERMAIN HERITAGE CROSSING CORPORATE CENTER (HCCC) PIN= 16-05-08-100-013-0000 BUILDING 1 LOT AREA= 10.310 ACRES BUILDING 2 LOT AREA=8.889 ACRES BUILDING 3 LOT AREA=1 2.750 ACRES BUILDING 4 LOT AREA=8.535 ACRES BUILDING 5 LOT AREA=1 6.766 ACRES BUILDING 6 LOT AREA=28.657 ACRES BUILDING 7 LOT AREA=18.401 ACRES BUILDING 8 LOT AREA=27.983 ACRES BUILDING 9 LOT AREA= 19.827 ACRES BUILDING 10 LOT AREA= 16.180 ACRES BUILDING 1 1 LOT AREA= 7.364 ACRES BUILDING 12 LOT AREA=8.1 56 ACRES HCCC BUILDABLE AREA= 183.818 ACRES OFF-SITE PARCELS PARCEL 1: WATERMAIN COST=$781.547* PIN= 16-05-08-100-014-0000 AREA=2 352 ACRES HERITAGE CROSSING CORPORATE CENTER {88.235%)=$689,598 PARCEL 1 (1.13%)=$8,831.48 PARCEL 2: PARCEL 2 (3.62%)=$28,292.00 PIN= 16-05-08-100-019-0000 PARCEL 3 (1.13%)=$8,831.48 AREA= 7.533 ACRES PARCEL 4 (2.43%)=$18,991.59 PARCEL 5 (1.19%)=$9 ,300.41 PARCEL 3: PARCEL 6 (1.13%)=$8,831.48 PIN= 16-05-08-100-015-0000 AREA=2.353 ACRES PARCEL 7 (1 134%)=$8 862 74 *PER ACTUAL CONSTRUCTION COSTS FOR WATERMAIN EXTENSION, PROVIDED BY GA BLOCKER. PARCEL 4: PIN= 16-05-08-100-020-0000 AREA=5.071 ACRES PARCEL 5: PIN= 16-05-08-100-021 -0000 AREA=2.484 ACRES PARCEL 6: PIN= 16-05-08-100-023-0000 AREA=2.355 ACRES PARCEL 7: PIN= 16-05-08-100-022-0000 AREA=2.362 ACRES TOTAL BUILDABLE AREA (HCCC + PARCELS 1 -7): 208.328 ACRES HERITAGE CROSSING CORPORATE CTR. JACOB & HEFNER ASSOCIATES, INC. LOCKPORT, ILLINOIS 2 ENGINEERS · SURVEYORS EXHIBIT NO.: 1910 SOUTH lllGHLAND AVENUE, SUITE 100 LOMBARD, ILIJNOIS 60148 (630) 652-4600 WATERMAIN RECAPTURE EXHIBIT J&HA PROJECT NO. E086c 3D/ 2A 0 T/ 1E 5: JACOB & HEFNER ASSOCIATES, INC. 1910 SOUTH HIGHLAND AVENUE, SUITE 100 LOMBARD, ILLINOIS 60148 CLIENT: ML REALTY PARTNERS, LLC PAGE: 1 of 1 PROJECT: INFRASTRUCTURE IMPROVEMENTS (WATERMAIN EXTENSION) DATE: 3/17/2015 143rd & GOUGAR ROAD, LOCKPORT, ILLINOIS J&HA PROJECT NO E086c BY: KL WATERMAIN EXTENSION CONSTRUCTION COST WATERMAIN Quantity Unit Unit Price Price 1 LAYOUT/SURVEYING - WATERMAIN 1 LS $8,575.00 $8,575.00 2 CLEAR & GRUB - WATERMAIN 1 LS $4,505.00 $4,505.00 3 16" WATERMAIN, DIP CL 52 W/FITTINGS 2,743 LF $75.50 $207,096.50 4 12" WATERMAIN, DIP CL 52 W/FITTINGS 4,539 LF $55.00 $249,645.00 5 10" WATERMAIN, DIP CL 52 W/FITTINGS 818 LF $49.10 $40,163.80 6 16" VALVE IN 72" VAULT 5 EA $4,710.00 $23,550.00 7 12" VALVE IN 60" VAULT 21 EA $3,205.44 $67,314.24 8 10" VALVE IN 60" VAULT 3 EA $3,025.00 $9,075.00 9 6" WATERMAIN, DIP CL 52 W/FITTINGS (FIRE HYDRANT LEADS) 500 LF $39.00 $19,500.00 10 FIRE HYDRANT W/AUX. VALVE & VALVE BOX 22 EA $3,985.00 $87,670.00 11 HYDRANT EXTENSION, 36" 2 EA $1,100.00 $2,200.00 12 HYDRANT EXTENSION, 24" 2 EA $900.00 $1,800.00 13 TRENCH BACKFILL 535 LF $65.28 $34,924.80 14 SAWCUT & REMOVE EXISTING PAVEMENT, 24" x 5/8" STEEL CASING 65 LF $157.80 $10,257.00 15 CONNECT TO EXISTING WATERMAIN 2 EA $1,645.12 $3,290.24 16 REVISE CONNECTION AT 151st STREET 1 EA $3,255.00 $3,255.00 17 TRAFFIC CONTROL 1 LS $1,525.00 $1,525.00 18 HAUL, LEVEL & COMPACT WM SPOILS 1,600 CY $4.50 $7,200.00 TOTAL $781,546.58 Notes: 1. This statement was prepared using actual construction costs and quantities provided by GA Blocker. 2. Watermain improvements were installed per approved Infrastructure Improvement Plans, dated 9/6/2012, prepared by Jacob & Hefner Associates, Inc. i'- III I ·---,fi[ tit i <.! ( • I I I I EX. R.O.W. I 1 I t 1 1 ! : ! : :II l I PARCEL 5 \: \, 1- PARCEL 2 1------_J \ ( ....--- ·-·-·-.; ·- S' I. I EX. llll)NG' r 1 \ I I PON 2 FUTURE L.-·...... ::.=_= BLDG. 5 1 \ - I i 1 PARCEL 4 \ - ASSUMED FUTURE! EXISTING 10"0 SANITARY SERVICEi SANITARY SEWER 1 LOCATION \ : I \ I EXISTING 15"0 FUTURE SANITARY SEWER BLDG. 3 FUTURE BLDG. 6 EX. J 5"0 SANITARY SEWE (BY OTHERS) 1 EXHIBIT NO.: 3/20/1 5 HERITAGE CROSSING CORPORATE CENTER (HCCC) BUILDINGS SERVED BY SEWER EXTENSION: BUILDING 1 LOT AREA= 10.310 ACRES BUILDING 2 LOT AREA=8.889 ACRES BUILDING 3 LOT AREA= 12.750 ACRES BUILDING 4 LOT AREA=8.535 ACRES BUILDING 5 LOT AREA= 16.766 ACRES BUILDING 6 LOT AREA=28.657 ACRES HCCC BUILDABLE AREA SERVED BY SEWER EXTENSION=85.907 ACRES OFF-SITE PARCELS SANITARY SEWER EXTENSION DOWNSTREAM OF PARCEL 4=$153.021* TOTAL AREA=50.494 ACRES PARCEL 1: PIN=16-05-08-100-01 4-0000 HCCC BUILDING 5 LOT (33.20%) AREA=2.352 ACRES HCCC BUILDING 6 LOT (56.75%) PARCEL 4 (10.04%)=115,363.31 PARCEL 2: PIN=16-05-08-100-019-0000 SANITARY SEWER EXTENSION DOWNSTREAM OF PARCEL 2=$179.255* AREA=7.533 ACRES TOTAL AREA=61.491 ACRES HCCC BUILDING 4 LOT (13.88%) PARCEL 3: HCCC BUILDING 5 LOT (27.27%) PIN=16-05-08-100-015-0000 HCCC BUILDING 6 LOT (46.60%) AREA=2.353 ACRES PARCEL 2 {12.25%)=121,958.74 PARCEL 4: SANITARY SEWER EXTENSION DOWNSTREAM OF PARCEL 1. PARCEL 3. PARCEL 5. PIN=16-05-08-100-020-0000 PARCEL 6 & PARCEL 7=$275.21 6* AREA=5.071 ACRES TOTAL AREA=97.813 ACRES HCCC BUILDING 1 LOT (10.54%)=$29,007. 77 PARCEL 5: HCCC BUILDING 2 LOT (9.09%)=$25,017.13 PIN=16-05-08-100-021-0000 HCCC BUILDING 3 LOT (13.04%)=$35,888. 17 AREA=2.484 ACRES HCCC BUILDING 4 LOT (8.73%)=$24,026.36 HCCC BUILDING 5 LOT (17.14%)=$47,172.02 PARCEL 6: HCCC BUILDING 6 LOT (29.30%)=$80,638. 29 PIN=16-05-08-100-023-0000 AREA=2.355 ACRES PARCEL 1 {2.40%)=$6,605.18 PARCEL 3 {2.41%)=$6,632.71 PARCEL 7: PARCEL 5 {2.54%)=$6,990.49 PIN=16-05-08-100-022-0000 PARCEL 6 {2.41%)=$6,632.71 AREA=2.362 ACRES PARCEL 7 (2.41%)=$6,632.71 *PER ACTUAL CONSTRUCTION COSTS OF INSTALLED SANITARY SEWER EXTENSION, PROVIDED BY GA BLOCKER. TOTAL BUILDABLE AREA (HCCC BUILDINGS 1 -6 + PARCELS 1 -7): 110.417 ACRES HERITAGE CROSSING CORPORATE CTR. JACOB & HEFNER ASSOCIATES, INC. LOCKPORT, ILLINOIS 2 ENGINEERS · SURVEYORS EXHIBIT NO.: 1910 SOUTH lllGHLAND AVENUE, SUITE 100 LOMBARD, ILIJNOIS 60148 (630) 652-4600 SANITARY SEWER RECAPTURE EXHIBIT J&HA PROJECT NO. E086c 3D/ 2A 0 T/ 1E 5: JACOB & HEFNER ASSOCIATES, INC. 1910 SOUTH HIGHLAND AVENUE, SUITE 100 LOMBARD, ILLINOIS 60148 CLIENT: ML REALTY PARTNERS, LLC PAGE: 1 of 1 PROJECT: INFRASTRUCTURE IMPROVEMENTS (SANITARY SEWER EXTENSION) DATE: 3/17/2015 143rd & GOUGAR ROAD, LOCKPORT, ILLINOIS J&HA PROJECT NO E086c BY: KL SANITARY SEWER EXTENSION CONSTRUCTION COST TOTAL SANITARY SEWER EXTENSION Quantity Unit Unit Price Price 1 LAYOUT/SURVEYING - SANITARY SEWER 1 LS $7,164.97 $7,164.97 2 CLEAR & GRUB - SANITARY EXTENSION 1 LS $4,505.00 $4,505.00 3 10" PVC SDR-26 SANITARY SEWER 1,459 LF $54.95 $80,172.05 4 10" PVC SDR-21 SANITARY SEWER 802 LF $54.00 $43,308.00 5 16" PVC SDR-18 SANITARY SEWER 1,267 LF $65.00 $82,355.00 6 6" SANITARY SEWER 113 LF $58.30 $6,587.90 7 SANITARY SEWER MANHOLES 9 EA $2,915.00 $26,235.00 8 SANITARY SEWER DROP MANHOLES 2 EA $3,650.00 $7,300.00 9 CONNECT TO EXISTING SANITARY SEWER 1 EA $6,425.00 $6,425.00 10 TRENCH BACKFILL 125 LF $35.30 $4,412.50 11 HAUL, LEVEL & COMPACT SEWER SPOILS 1,500 CY $4.50 $6,750.00 SANITARY SEWER SUBTOTAL $275,215.42 SANITARY SEWER DOWNSTREAM OF OFF-SITE PARCEL 4 Quantity Unit Unit Price Price 1 LAYOUT/SURVEYING - SANITARY SEWER 0.8 LS $7,164.97 $5,731.98 2 CLEAR & GRUB - SANITARY EXTENSION 0.8 LS $4,505.00 $3,604.00 3 10" PVC SDR-26 SANITARY SEWER 480 LF $54.95 $26,376.00 4 10" PVC SDR-21 SANITARY SEWER 0 LF $54.00 $0.00 5 16" PVC SDR-18 SANITARY SEWER 1,267 LF $65.00 $82,355.00 6 6" SANITARY SEWER 20 LF $58.30 $1,166.00 7 SANITARY SEWER MANHOLES 7 EA $2,915.00 $20,405.00 8 SANITARY SEWER DROP MANHOLES 1 EA $3,650.00 $3,650.00 9 CONNECT TO EXISTING SANITARY SEWER 1 EA $6,425.00 $6,425.00 10 TRENCH BACKFILL 0 LF $35.30 $0.00 11 HAUL, LEVEL & COMPACT SEWER SPOILS 735 CY $4.50 $3,307.50 SANITARY SEWER SUBTOTAL $153,020.48 SANITARY SEWER DOWNSTREAM OF OFF-SITE PARCEL 2 Quantity Unit Unit Price Price 1 LAYOUT/SURVEYING - SANITARY SEWER 1 LS $7,164.97 $7,164.97 2 CLEAR & GRUB - SANITARY EXTENSION 1 LS $4,505.00 $4,505.00 3 10" PVC SDR-26 SANITARY SEWER 839 LF $54.95 $46,103.05 4 10" PVC SDR-21 SANITARY SEWER 0 LF $54.00 $0.00 5 16" PVC SDR-18 SANITARY SEWER 1,267 LF $65.00 $82,355.00 6 6" SANITARY SEWER 30 LF $58.30 $1,749.00 7 SANITARY SEWER MANHOLES 8 EA $2,915.00 $23,320.00 8 SANITARY SEWER DROP MANHOLES 1 EA $3,650.00 $3,650.00 9 CONNECT TO EXISTING SANITARY SEWER 1 EA $6,425.00 $6,425.00 10 TRENCH BACKFILL 0 LF $35.30 $0.00 11 HAUL, LEVEL & COMPACT SEWER SPOILS 885 CY $4.50 $3,982.50 SANITARY SEWER SUBTOTAL $179,254.52 Notes: 1. This statement was prepared using actual construciton costs and quantities provided by GA Blocker. 2. Watermain improvements were installed per approved Infrastructure Improvement Plans, dated 9/6/2012, prepared by Jacob & Hefner Associates, Inc. TOTAL RECAPTURE COSTS SANITARY GOUGAR ROAD WATERMAIN OFF-SITE PARCELS SEWER TOTAL IMPROVEMENTS EXTENSION EXTENSION Parcel 1 PIN=16-05-08-100-014-0000 $81,331.86 $8,831.48 $6,605.18 $96,769 Area=2.352 acres Parcel 2 PIN=16-05-08-100-019-0000 $260,489.09 $28,292.00 $21,958.74 $310,740 Area=7.533 acres Parcel 3 PIN=16-05-08-100-015-0000 $81,365.76 $8,831.48 $6,632.71 $96,830 Area=2.353 acres Parcel 4 PIN=16-05-08-100-020-0000 $175,360.16 $18,991.59 $15,363.31 $209,715 Area=5.071 acres Parcel 5 PIN=16-05-08-100-021-0000 $85,900.21 $9,300.41 $6,990.49 $102,191 Area=2.484 acres Parcel 6 PIN=16-05-08-100-023-0000 $81,433.56 $8,831.48 $6,632.71 $96,898 Area=2.355 acres Parcel 7 PIN=16-05-08-100-022-0000 $81,679.36 $8,862.74 $6,632.71 $97,175 Area=2.362 acres TOTALS $847,560 $91,941 $70,816 $1,010,317 RESOLUTION NO. 13-052 A RESOLUTION AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT WITH MLRP LOCKPORT LAND LLC FOR BENEFITTED PROPERTIES OF GOUGAR ROAD AND RELATED INFRASTRUCTURE IMPROVEMENTS BY THE MAYOR AND CITY CLERK OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS. 1 ------ RESOLUTION NO. 13-052 A RESOLUTION AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT WITH MLRP LOCKPORT LAND LLC FOR BENEFITTED PROPERTIES OF GOUGAR ROAD AND RELATED INFRASTRUCTURE IMPROVEMENTS BY THE MAYOR AND CITY CLERK OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS. WHEREAS, the CITY has been authorized under the Illinois Compiled Statutes to maintain and operate a system of roadways within its corporate limits; and, WHEREAS, MLRP Lockport Land LLC ("MLRP") is the owner of certain real property located in the City of Lockport ,Will County, Illinois (the "MLRP Property"); and WHEREAS, the MLRP Property is the subject of an Annexation Agreement with the City dated July 25, 2001 which was supplemented by that certain Memorandum of Agreement dated March 12, 2008 between the City and MLRP; and, WHEREAS, pursuant to the terms of the Annexation Agreement, in order to allow the development of the MLRP Property, MLRP has undertaken and will undertake certain infrastructure improvements, including, to the extent necessary for its development of the MLRP Property, the construction of improvements to Gougar Road, 143rd Street, and 14?1h Street, and intersections of these roads; and, WHEREAS, the improvements will also benefit parcels of real property not owned by MLRP described in the attached Recapture Agreement; and, 2 WHEREAS, as provided in the Annexation Agreement and as set forth in the Recapture Agreement attached hereto , MLRP is entitled to reimbursement for certain improvement costs from each owner of a benefited property; and, WHEREAS, pursuant to the prov1s1ons of the Illinois Municipal Code (65 ILCS 5/9-5-1 ), the CITY has the authority to enter into a Recapture Agreement with MLRP and acknowledges that the construction of the improvements will benefit and allow for the future development of not only the MLRP Property, but also the benefited properties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: That the Mayor and City Clerk are authorized to enter into the attached Recapture Agreement with MLRP. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage, and approval as provided by law PASSED AND APPROVED THIS 1 9TH DAY OF JUNE , 20 ' With ? ALDERMEN voting -1 -- ALDERMEN absent aye 0 0 ALDERMEN voting nay ALDERMEN abstaining The MAYOR voting aye voting nay not voting x A A ---CAPADONA A-- COLARELLI --- SMITH 3 ABSENT TURNER _ ... A_ VANDERMEER DESKIN A - MARYNOWSKI A-- PERETTA -- - - --- MAYOR Steven Streit, Mayor ATTEST: ci, City Clerk 4 -· 11, ,1111, 1119111111,1111,,..,.,,,111111111111111111n: ::n!!r:'"'""::w::11::1111111::1n::::::cr::1wr:n:n:n1m'!:r!l!,,!lrr1111111• 1771••1:11 RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT (this "Agreement") is made and entered into this day of May, 2013, by and between the CITY OF LOCKPORT, a Municipal Corporation in the State of Illinois (hereinafter referred to as "CITY") and MLRP LOCKPORT LAND LLC, a Delaware limited liability company (hereinafter referred to as "MLRP") (CITY and MLRP are sometimes collectively referred to herein as the "Parties" and individually as a "Party"). W IT N E S S E T H WHEREAS, the CITY has been authorized under the Illinois Compiled Statutes to maintain and operate a system of roadways within its corporate limits; WHEREAS, MLRP is the owner of certain real property located in Will County, Illinois, legally described on Exhibit "A" attached hereto and incorporated herein (the "MLRP Property"); WHEREAS, the MLRP Property is the subject of an Annexation Agreement with the CITY dated on or about July 25, 2001, which was supplemented by that certain Memorandum of Agreement dated March 12, 2008 between the CITY and MLRP (collectively, the "Annexation Agreement"); WHEREAS, pursuant to the terms of the Annexation Agreement, in order to allow the development of the MLRP Property, MLRP has undertaken and will undertake the provision of certain infrastructure improvements, including, to the extent necessary for its development of the MLRP Property, the construction of improvements to Gougar Road, 143rd Street, and 14ih Street, and intersections of these roads (hereinafter collectively referred to as the "Improvements"); and WHEREAS, the Improvements will benefit the following parcels of real property not owned by MLRP: (i) the real property commonly known as 15907 W. 143ra Street, Lockport, Illinois, which is depicted as "Parcel 1" on Exhibit "B" attached hereto and incorporated herein and legally described on Exhibit " C-1" attached hereto and inco orated herein ("Parcel 1") and (ii) the real property commonly known as 15931 W. 143 Street, Lockport, Illinois, which is depicted as "Parcel 2" on Exhibit "B" attached hereto and incorporated herein and legally described on Exhibit "C-2" attached hereto and incorporated herein ("Parcel 2" and, with Parcel 1, each a "Benefited Property" and collectively the "Benefited Properties"); and WHEREAS, as provided in the Annexation Agreement and as set forth herein, MLRP is entitled to reimbursement for certain Improvement costs from each owner of a Benefited Property (each a "Benefited Owner'' and collectively the "Benefited Owners"). NOW, THEREFORE, and in consideration of the mutual covenants and agreements herein contained, the adequacy and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this Agreement as fully as though restated in their entirety in this Paragraph 1. 2. Benefited Service Areas Defined. Pursuant to the provisions of the Illinois Municipal Code (65 ILCS 5/9-5-1), the CITY acknowledges that the construction of the Improvements will benefit and allow for the future development of not only the MLRP Property, but also the Benefited Properties. 3. Recapture. In order to effect a fair and equitable allocation of the cost of the Improvements among those who will be benefited by the Improvements, MLRP shall be entitled to recapture fees collected by the CITY from the Benefited Properties for their share of the costs of the construction of the Improvements as set forth on Exhibit "D" attached hereto and incorporated herein (the "Fees"). As set forth on Exhibit D, MLRP is entitled to recapture Fees in the amount of $406,591.00 from the owner of Parcel 1 and Fees in the amount of $556,666.50 from the owner of Parcel 2. The CITY agrees to collect the Fees as provided for in this Agreement and to distribute them to MLRP within thirty (30) days of receipt. The Fees shall be due and payable by each Benefited Owner to the CITY upon the first to occur of the following with respect to such Benefited Owner's Benefited Property: (a) the approval of a final plat of subdivision or a final planned unit development by the CITY for property which includes the Benefited Property, (b) the issuance by the CITY of a building permit for the Benefited Property, {c) the issuance by the CITY of a certificate of occupancy for the Benefited Property, {d) any connection to or utilization of any municipal utility of the CITY by the Benefited Property, and (e) the use of Gougar Road for vehicular access to the Benefited Property. The CITY agrees that it will not approve a final plat of subdivision or a final planned unit development for a Benefited Property, or issue a building permit or certificate of occupancy for a Benefited Property, until all Fees applicable to that Benefited Property are paid in full to the CITY Notwithstanding the foregoing, Fees set forth on Exhibit D as estimates shall not be subject to the recapture pursuant to this Agreement until the Improvements that are the subject of such estimates are completed and, upon such completion, the applicable Fees subject to recapture shall be based on the actual cost of such Improvements, as reasonably determined by the CITY. The CITY shall collect the Fees when they are due and payable pursuant to this Section 3 and may bring suit to enforce the collection of Fees. MLRP shall also be entitled to bring suit on behalf of the CITY to collect Fees that are due and payable and in suc.h event the CITY will cooperate with MLRP and provide MLRP with reasonable access to its books and records regarding the annexation and/or development of any property that includes the Benefited Property and the collection of any Fees. Neither the CITY nor any of its officials shall be liable for monetary damages for failure to collect the Fees. 2 H!!HWW!pp11up- 4. Modification of Fees. Any increase or decrease in the Fees based on the actual costs of the Improvements shall be evidenced by the subsequent recording of a notice of modification or amendment of this Agreement. 5. Term. This Agreement shall remain in full force and effect until the first to occur of: (A) Such time as all Fees have been paid; or (B) Twenty (20) years after the date of the completion of construction of all of the lmprovementS. 6. Severabilitv. If any provision, clause, word or designation of this Agreement is held to be invalid by any Court of competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any other provision, clause, word or designation contained herein. 7. Notice. Any notice which either party may hereto desire may be required to give to the other party shall be in writing, and by mailing thereof by United States Certified or Registered Mail, postage prepaid, return receipt requested, to the respective addresses of the parties set forth below shall constitute service of notice hereunder two business days after the mailing thereof. Any such notice may be served by personal delivery to the other party which delivery shall constitute service of notice on the date of delivery. TO: CITY of ·Lockport 222 East Ninth Street Lockport, Illinois 60441 ATTENTION: Ron Caneva TO: MLRP Lockport Land LLC c/o ML Realty Partners LLC One Pierce Place Itasca, Illinois 60143 ATTENTION: Timothy Geisler COPY TO: Winston & Strawn LLP 35 West Wacker Drive Chicago, IL 60601 ATTENTION: Christopher 0. Murtaugh 8. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the successors in title of MLRP, its successors, grantees, lessees, and assigns, and upon successor corporate authorities of the CITY and successor 3 municipalities. 9. Merger/Amendment This Agreement and the Annexation Agreement contain the entire agreement of the parties relative to the subject matter hereof and may be modified only by a written instrument executed by the Parties. In the event of any conflict between the terms of this Agreement and the terms of the Annexation Agreement, the terms of this Agreement shall control. 10. . Mutual Cooperation. The Parties agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other, including, without limitation, the enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the Parties to comply with and effectuate the terms and provisions hereof. 11. Recording. This Agreement shall be recorded against the MLRP Property and the Benefitted Properties with the Will County Recorder's Office. 12. Other Fees. MLRP and the CITY acknowledge and agree that the Fees are separate and distinct from the tap-on fees and sales tax revenues described in that certain Memorandum of Agreement dated March 12, 2008, and prior versions of such memorandum, by and between the CITY and MLRP (and any other parties that may have executed such documents) and that the Fees shall not be subject to the allocation and distribution provisions set forth therein. [SIGNATURE PAGE FOLLOWS] 4 IN WITNESS WHEREOF, the undersigned Parties have caused this Agreement to be executed by their duly designated officials on the day and year first written above, pursuant to proper Resolution of the CITY and the proper authorization of MLRP. ATTEST: CITY OF LOCKPORT a Municipal Corporation By: @ I Clerk By: --: ....,._T------Name: 'Te Its: M(Jcp.--. MLRP LOCKPORT LAND LLC, a Dela e r · ed liability company 5 - ---. ------r STATE OF ILLINOIS ) ) SS. COUNTY OF WILL ) I, the undersigned, a Notary Public in and for the Couoty and State aforesaid, do hereby certify that...S'TEVt:,Y S7 ft rand 1Jltt:£ rlA-'ntflonally known to me to be the M A-°c> L and Clerk, respectively, of the CITY of Lockport, and personally known to e to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such n and Clerk, they signed and delivered the said instrument as such M o;;tor and Clerk of said CITY, and caused the corporate seal of said CITY to be affixedhereto, pursuant to authority given by the Board of Trustees of said CITY, as their free and voluntary act, and as the free and voluntary act and deed of said CITY, for the uses and purposes therein set forth. { -Sv.- 'f Given under my hand and official seal, this J day of-May, 2013. STATE OF ILLINOIS ) ) SS. COUNTY OF DUPAGE ) I, the undersia Notublic in and for the County and State aforesaid, do hereby certify that h e Li Q.c(!)?n , personally known to me to be the authorized signatory of MLRP Lockport Land LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her free and voluntary act, and as the free and voluntary act and deed of said company, for the uses and purposes therein set forth. Given under my hand and official seal, this\ day 02013. OFFICIAL SEAL SONYA L MAJUS NOTARY PUBLIC ·STATE OF ILLINOIS MY COMMISSION EXPIRES:11/18/15 6 EXHIBIT "A" MLRP PROPERTY LEGAL DESCRIPTION PARCEL 1: THAT PART OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR'S SUBDIVISION OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS THE EAST 144.70 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243, THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 05 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID SUBDIVISION 452.08 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE, BEING ALSO THE SOUTHWEST CORNER OF LOT 11 IN SAID SUBDIVISION; THENCE NORTH 88 DEGREES 54 MINUTES 52 SECONDS WEST ALONG AN EXTENSION OF SAID NORTHERLY RIGHT OF WAY LINE 483.69 FEET; THENCE NORTH 01 DEGREES 05 MINUTES 08 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID STATELY OAKS SUBDIVISION 448.65 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 89 DEGREES 19 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE 483.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. PARCEL 2: THE WEST 861.72 FEET OF THE EAST 1961.72 FEET (AS MEASURED ALONG THE NORTH LINE THEREOF) OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR'S SUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, EXCEPT THEREFROM A TRACT OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243 IN SAID COUNTY; THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 05 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID SUBDMSION 452.08 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE, BEING ALSO THE SOUTHWEST CORNER OF LOT 11 IN SAID SUBDIVISION; THENCE NORTH 88 DEGREES 54 MINUTES 52 SECONDS WEST ALONG AN EXTENSION OF SAID NORTHERLY RIGHT OF WAY LINE 483.69 FEET; THENCE NORTH 01 DEGREES 05 MINUTES 08 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID STATELY OAKS SUBDIVISION 448.65 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 89 DEGREES 19 MINUTES 16 A-1 SECONDS EAST ALONG SAID NORTH LINE 483.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. PARCEL 2A: EASEMENT FOR THE BENEFIT OF PARCEL 2 FOR INGRESS AND EGRESS AS CREATED BY AGREEMENT CREATING INGRESS AND EGRESS EASEMENT DATED FEBRUARY 4, 1986 AND RECORDED FEBRUARY 21, 1986 AS DOCUMENT R86-06249, OVER, ACROSS, UNDER AND ALONG A STRIP OF LAND 12 FEET IN WIDTH IN THAT PART OF THE NORTH 99.929 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, THE CENTER LINE OF WHICH BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF 143RD STREET, DISTANT WESTERLY 304.44 FEET FROM THE WEST LINE OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243; THENCE ON AN ASSUMED BEARING OF SOUTH 04 DEGREES 01 MINUTES 46 SECONDS WEST 132.78 FEET; THENCE SOUTH 08 DEGREES 22 MINUTES 43 SECONDS WEST 269.50 FEET TO A POINT OF TERMINATION IN THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE EXTENDED WEST 345.46 FEET FROM THE WEST LINE OF SAID STATELY OAKS SUBDIVISION, IN WILL COUNTY, ILLINOIS. PARCEL 2B: EASEMENT FOR THE BENEFIT OF PARCEL 2 FOR UTILITIES AS CREATED BY AGREEMENT CREATING UTILITIES EASEMENT DATED FEBRUARY 4, 1986 AND RECORDED FEBRUARY 21, 1986 AS DOCUMENT R86-06248, FOR NATURAL GAS PIPELINE, ELECTRICAL LINES AND TELEPHONE LINES OVER, ACROSS, UNDER AND ALONG A STRIP OF LAND 50 FEET IN WIDTH MEASURED FROM THE CENTER LINE WESTERLY OF THAT PART OF THE NORTH 99.929 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF 143RD STREET, DISTANT WESTERLY 304.44 FEET FROM THE WEST LINE OF STATELY OAKS SUBDIVISION PER PLAT RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243; THENCE ON AN ASSUMED BEARING OF SOUTH 04 DEGREES 01 MINUTES 46 SECONDS WEST 132.78 FEET; THENCE SOUTH 08 DEGREES 22 MINUTES 43 SECONDS WEST 269.50 FEET TO A POINT OF TERMINATION IN THE NORTHERLY RIGHT OF WAY LINE OF STATELY OAKS DRIVE EXTENDED WEST 345.46 FEET FROM THE WEST LINE OF SAID STATELY OAKS SUBDIVISION, IN WILL COUNTY, ILLINOIS. PARCEL 3: THE NORTH 17.50 ACRES OF THE EAST 35.00 ACRES OF SOUTH 60.00 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF A-2 THE TIIIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS; AND THE SOUTH 17.50 ACRES OF THE EAST 35.00 ACRES OF THE SOUTH 60.00 ACRES OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS; AND THE SOUTH 60 ACRES, EXCEPT THE EAST 35 ACRES, OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE TIIIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS; AND ALL THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER AND RUNNING THENCE EAST 19 CHAINS AND 76 LINKS; THENCE SOUTH 10 CHAINS; THENCE WEST 6 CHAINS AND 42 LINKS; THENCE SOUTH 1 CHAIN AND 57 LINKS; THENCE WEST 13 CHAINS AND 34 LINKS; THENCE NORTH 11 CHAINS AND 57 LINKS TO THE POINT OF BEGINNING; ALL IN WILL COUNTY, ILLINOIS. PARCEL 4: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THE EAST HALF OF SECTION 7, ALL IN TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE TIIIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 39 MINUTES 41 SECONDS WEST, ON THE EAST LINE OF SAID SOUTHEAST QUARTER AND ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1884.83 FEET TO THE NORTH LINE OF PARCEL 2 AS DESCRIBED IN DOCUMENT NO. R92-563 18; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 867.80 FEET TO THE WEST LINE OF THE PARCEL CONVEYED BY DOCUMENT NO. R2004-183292; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID WEST LINE, 99.26 FEET TO THE NORTHWEST CORNER OF SAID DOCUMENT NO. R2004-183292; THENCE NORTH 87 DEGREES 48 MINUTES 14 SECONDS EAST, ON THE NORTH LINE OF SAID DOCUMENT NO. R2004-183292 AND THE NORTH LINE OF PARCEL 3 AS DESCRIBED IN DOCUMENT NO. R2002-037762, A DISTANCE OF 444.19 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID EAST LINE, 664.13 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 1311.59 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE EAST LINE OF SAID NORTHWEST QUARTER, 994.50 FEET TO THE SOUTHEAST CORNER OF STATELY OAKS, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 8, ACCORDING TO THE PLAT A-3 THEREOF RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243 AND CERTIFICATE OF CORRECTION RECORDED DECEMBER 11, 1978 AS DOCUMENT NO. R78-49011; 1HENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON THE sourn LINE OF SAID STATELY OAKS, 1100.00 FEET TO THE SOUTHWEST CORNER OF SAID STATELY OAKS; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE WEST LINE OF SAID STATELY OAKS, 1660.08 FEET TO THE NORTII LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NOR1H LINE, 144.70 FEET; THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WI1H THE EAST LINE OF SAID NORTHWEST QUARTER, 451.05 FEET TO THE EASTERLY EXTENSION OF THE NOR1H RIGHT OF WAY LINE OF STATELY OAKS DRIVE; THENCE SOUTH 88 DEGREES 16 MINUTES 41 SECONDS WEST, ON SAID EASTERLY EXTENSION, 338.99 FEET; THENCE NORTII 01 DEGREE 43 MINUTES 19 SECONDS WEST, PARALLEL Willi THE EAST LINE OF SAID NORTIIWEST QUARTER, 448.64 FEET TO THE NOR1H LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 378.02 FEET TO THE WEST LINE OF THE EAST 1961.72 FEET (AS MEASURED ON THE NORTH LINE) OF SAID NOR1HWEST QUARTER, THENCE SOUTH.01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 1659.77 FEET TO THE SOUTH LINE OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF SAID NORTHWEST QUARTER; TIIENCE SOUTH 87 DEGREES 48 MINUTES 46 SECONDS WEST, ON SAID SOUTH LINE, 660.60 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; TIIENCE NORTH 01 DEGREE 40 MINUTES 21 SECONDS WEST, ON SAID WEST LINE, 1582.51 FEET TO THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 355 PER CONDEMNATION CASE 96E07954; THENCE SOUTHERLY ON SAID EASTERLY RIGHT OF · WAY LINE THE FOLLOWING 11 COURSES AND DISTANCES: SOUTH 72 DEGREES 11 MINUTES 22 SECONDS WEST, 181.87 FEET; SOUTH 42 DEGREES 19 MINUTES 02 SECONDS WEST, 113.16 FEET; SOUTH 16 DEGREES 44 MINUTES 18 SECONDS WEST, 491.75 FEET; SOUTH 23 DEGREES 24 MINUTES 34 SECONDS WEST, 719.48 FEET; SOUTH 12 DEGREES 05 MINUTES 47 SECONDS WEST, 1620.93 FEET; SOUTH 09 DEGREES 37 MINUTES 28 SECONDS WEST, 1989.48 FEET; SOUTH 03 DEGREES 35 MINUTES 22 SECONDS EAST, 353.55 FEET; SOUTH 81 DEGREES 27 MINUTES 09 SECONDS EAST, 251.93 FEET; NORTH 89 DEGREES 48 MINUTES 50 SECONDS EAST, 400.13 FEET; NORTII 89 DEGREES 31 MINUTES 34 SECONDS EAST, 100.02 FEET; SOUTH 01 DEGREE 42 MINUTES 44 SECONDS EAST, 41.28 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88 DEGREES 17 MINUTES 31 SECONDS EAST, ON SAID sourn LINE, 728.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. EXCEPTING THEREFROM LOT 3 IN HERITAGE CROSSING CORPORATE CENTER UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 22, 2012, AS DOCUMENT NUMBER R2012091660 IN WILL COUNTY ILLINOIS. A-4 _,_ - "'-- -.: -- "'------ THE ABOVE 4 PARCELS TAKEN AS A SINGLE TRACT ARE DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 7 AND THAT PART OF THE WEST HALF OF SECTION 8, ALL IN TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 39 MINUTES 41 SECONDS WEST, ON THE EAST LINE OF SAID SOUTHEAST QUARTER AND ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1884.83 FEET TO THE NORTH LINE OF PARCEL 2 AS DESCRIBED IN DOCUMENT NO. R92-563 18; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 867.80 FEET TO THE WEST LINE OF THE PARCEL CONVEYED BY DOCUMENT NO. R2004-183292; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID WEST LINE, 99.26 FEET TO THE NORTHWEST CORNER OF SAID DOCUMENT NO. R2004-183292; THENCE NORTH 87 DEGREES 48 MINUTES 14 SECONDS EAST, ON THE NORTH LINE OF SAID DOCUMENT NO. R2004-183292 AND THE NORTH LINE OF PARCEL 3 AS DESCRIBED IN DOCUMENT NO. R2002-037762, A DISTANCE OF 444.19 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 41 MINUTES 30 SECONDS WEST, ON SAID EAST LINE, 664.13 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 49 MINUTES 59 SECONDS EAST, ON SAID NORTH LINE, 1311.59 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE EAST LINE OF SAID NORTHWEST QUARTER, 994.50 FEET TO THE SOUTHEAST CORNER OF STATELY OAKS, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 8, ACCORDING TO THE PLAT TIIBREOF RECORDED OCTOBER 31, 1978 AS DOCUMENT NO. R78-43243 AND CERTIFICATE OF CORRECTION RECORDED DECEMBER 11, 1978 AS DOCUMENT NO. R78-49011; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON THE SOUTH LINE OF SAID STATELY OAKS, 1100.00 FEET TO THE SOUTHWEST CORNER OF SAID STATELY OAKS; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, ON THE WEST LINE OF SAID STATELY OAKS, 1660.08 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 144.70 FEET; THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 451.05 FEET TO THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF STATELY OAKS DRIVE; THENCE SOUTH 88 DEGREES 16 MINUTES 41 SECONDS WEST, ON SAID EASTERLY EXTENSION, 338.99 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 19 SECONDS WEST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 448.64 FEET TO THE NORTH A-5 :...=-'=--- --=------·---,.. --- ....::...""------'--"'------. ------· - --...... ------·· -- LINE OF SAID NORTHWEST QUARTER; TIIENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS WEST, ON SAID NORTH LINE, 378.02 FEET TO THE WEST LINE OF THE EAST 1961.72 FEET (AS MEASURED ON THE NORTH LINE) OF SAID NORTHWEST QUARTER; THENCE SOUTH 01 DEGREE 43 MINUTES 19 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 1659.77 FEET TO THE SOUTH LINE OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF SAID NORTHWEST QUARTER; THENCE SOUTH 87 DEGREES 48 MINUTES 46 SECONDS WEST, ON SAID SOUTH LINE, 660.60 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREE 40 MINUTES 21 SECONDS WEST, ON SAID WEST LINE, 1582.51 FEET TO THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 355 PER CONDEMNATION CASE 96ED7954; THENCE SOUTHERLY ON SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING 11 COURSES AND DISTANCES: SOUTH 72 DEGREES 11 MINUTES 22 SECONDS WEST, 181.87 FEET; SOUTH 42 DEGREES 19 MINUTES 02 SECONDS WEST, 113.16 FEET; SOUTH 16 . DEGREES 44 MINUTES 18 SECONDS WEST, 491.75 FEET; SOUTH 23 DEGREES 24 MINUTES 34 SECONDS WEST, 719.48 FEET; SOUTH 12 DEGREES 05 MINUTES 47 SECONDS WEST, 1620.93 FEET; SOUTH 09 DEGREES 37 MINUTES 28 SECONDS WEST, 1989.48 FEET; SOUTH 03 DEGREES 35 MINUTES 22 SECONDS EAST, 353.55 FEET; SOUTH 81 DEGREES 27 MINUTES 09 SECONDS EAST, 251.93 FEET; NORTH 89 DEGREES 48 MINUTES 50 SECONDS EAST, 400.13 FEET; NORTH 89 DEGREES 31 MINUTES 34 SECONDS EAST, 100.02 FEET; SOUTH 01 DEGREE 42 MINUTES 44 SECONDS EAST, 41.28 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88 DEGREES 17 MINUTES 31 SECONDS EAST, ON SAID SOUTH LINE, 728.70 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. EXCEPTING THEREFROM LOT 3 IN HERITAGE CROSSING CORPORATE CENTER UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTii, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 22, 2012, AS DOCUMENT NUMBER R2012091660 IN WILL COUNTY ILLINOIS. A-6 EXHIBIT "B" DEPICTION OF BENEFITED PROPERTY [see attached] B-1 - ._,,,,...... ·""· ·· .,...,...... ;"'·=,,.... I ·"" 1 1 1 I L PR. R.O.W. 1 1 II 11! 1 1 I l 1 I I :1j !I EX. R.o.w.1 1 1 I . 11 0 I I 1: : ::: : \ - j ROAO I II !,..i '- 1 1 1 I I ROAO I II I · 1.1 1 I l ------N PARCEL 7 I l 1 I I ) I I i I I 'I i I 1 1 1 I PAR"EL I PARCEL 1 I 1 1 i I " 3 I T I I 1 I I I SCALE: 1"=200' I PARCEL 6 1 1 1 · I I I I 1 I .I I I 1 1 1 I 1 1 1 1 I I _ _l _ _ _ _J l l L ...:_ _ _ J_ _ _ _ 1 1 1 I 1 1 1 1 PARCEL 5 1 I \ I 1 1 _ _ _ _ _ ....,... _ _J I I I FUTURE BUiLDING 5 PARCEL 4 i . I PARCEL 2 I i - I .. ' i I ! I '' I I pl Ii I;.. t. HERITAGE ·CROSSING CORPORATE CTR. 1 .....-:=xH.:.':.e:::.•;.T;....:N.;.o;;.;.';... JACOBENGINEERS & HEFNER • SURVEYORS ASSOCIATES, INC. 1-L.:.O:_C:..:K...:.P:....O:: RT_,:._ll_LIN_OI_S t- ; / / l91 0 SOt:TH HlO llLAN D A VENUE. SU!Tli lOO GOUGAR ROAD RECAPTURE EXHIBIT t£i g- iors so14a 7/16/12 J&HA PROJECT NO. E0.86c D A T &: : EXHIBIT "C-1" LEGAL DESCRIPTION OF PARCEL 1 THE WEST 150.00 FEET OF THE EAST 2111.72 FEET OF THE NORTII 726.00 FEET OF THE NORTII 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSOR'S SUBDIVISION OF THE NORTHWEST '14 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS. Address: 15907 W. 143rd Street, Lockport, Illinois PIN: 16-05-08-100-014 C-1-1 EXHIBIT "C-2" LEGAL DESCRIPTION OF PARCEL 2 THE WEST 329.54 FEET OF THE EAST 229126 FEET (AS MEASURED ALONG THE NORTH AND SOUTH LINES IBEREOF) OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSORS SUBDIVISION OF THE NORTIIWEST 1/4 OF SECTION 8, IN TOWNSIIlP 36 NORTH, AND IN RANGE 11, EAST OF THE TIIlRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 300 FEET OF TIIE NORTH 726.00 FEET THEREOF, IN WILL COUNTY, ILLINOIS, EXCEPT A PART OF THE WEST 329.54 FEET OF THE EAST 2291.26 FEET OF THE NORTH 726.00 FEET OF THE NORTH 100 ACRES (99.929 ACRES MEASURED) OF THE ASSESSORS SUBDMSION OF THE NORTIIWEST 1/4. OF SECTION 8, TOWNSHIP 36 NORTI( RANGE 11, EAST OF THE THIRD_ PRINCIPAL MERIDIAN, EXCEPT THE EAST 300 FEET OF THE NORTH 726.00 FEET THEREOF, IN WILL COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NOR1HWEST CORNER OF THE NORTIIWEST 1/4 OF SAID SECTION 8, TIIENCE NORTH 87 DEGREES 52 MINUTES 14 SECONDS EAST, ALONG THE NORTH LINE OF SAID NOR1HWEST 114, A DISTANCE OF 329.55 FEEf TO THE POINT OF BEGINNING, THENCE CONTINUING NORTH 87 DEGREES 52 MINUTES 14 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 29.54 FEET TO THE NORTIIWEST CORNER OF A TRACT OF LAND DESCRIBED IN DOCUMENT NO. R93-3 1985, RECORDED APRIL 27, 1993,TIIENCE SOUlH 01 DEGREE, 43 MINUTES 23 SECONDS EAST, ALONG THE WEST LlNE OF SAID TRACT, A DISTANCE OF 59.13 FEET; THENCE SOU1H 84 DEGREES 52 MINUTES 20 SECONDS WEST, A DISTANCE OF 29.59 FEET TO A POINT IN THE EAST LINE OF A TRACT OF LAND DESCRIBED IN DOCUMENT NO. R87-44721, RECORDED AUGUST 11, 1987, THENCE NORTH 01 DEGREE 43 MINUTES 23 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 60.68 FEET TO THE POINT OF BEGINNING, SAID PART CONTAINlNG 0.0406 ACRE (1,770 SQUARE FEET), MORE OR LESS, OF WHICH 0.0287 ACRE (1.252 SQUARE FEET) MORE OR LESS, HAS BEEN PREVIOUSLY DEDICATED OR USED FOR PUBLIC RIGHT-OF-WAY, IN WILL COUNTY, ILLINOIS. Address: 15931 W. 143td Street, Lockport, Illinois PIN: 16-05-08-100-019 C-2-1 EXHIBIT "D" FEES [see attached] D-1 CHI:2728132.5 GOUGAR ROAD I MPROVEM ENTS TOTAL EARTHWORK & EROSION CONTROL Item Description Quantity Unit Unit Price Total 51 Construction Layout - Earthwork 1 SUM $13,080.00 $13,080.0C 55 Mobilization 1 SUM $11,400.00 $U,400.0C 75 Clear & Grub Site 1 SUM $14,350.00 $14,350.00 86 Slit Fence 6,916 LfT $1.6( $11,065.&ll 87 SWPPP Plan I Erosion Control Malnt. l SUM $4,711.90 $4,711.90 88 Construction Entrance 3,00C SFT $1.10 $3,300.IJC 89 Concrete Overflow Weir - Pond l EA $5,220.00 $5,220.00 F & IMisc. Riprap/ Eros. ControVDewater 1 SUM $11,360.0C $11,360.00 91 F & ITriangular Ditch Checks EA $220.0Ci $220.00 93 Temporary Riser Structures 4 EA $3,165.IK $12,660.00 95 Inlet Protection 1S EA $132.50 $1,98754l lOC TopsoH Stripping 39,387 CYD $2.26 $89,096.35 llC day Cut to Fill 108,032 CYD $3.00 $324,096.0C 16C Topsoil Respread • Detention Ponds 15,33( . CYD $2.45 $37,558.SC 165 h"opsoil Respread-R.O.W. Areas 4,900 CVD $4.5(1 $22,050.00 SUBTOTAL - EARTHWORK & EROSION CONTROL COSTS $562,155.85 NET RECAPTURE AMOUNT EARTHWORK & EROSION CONTROL $ 369,741.74 PAVEMENT, Sl'RIPING & SIGNAGE !tam Description Quantity Unit Unit Price Tot.I Mobifizatlon for Curb & Paving ] SUM $5,900.00 $5,900.0C 601 Fine Grade Roadway Subgrade 9,37C SYD $0.8() $7,496.0C 603 Ume Stabllization -Gougar Road 12,095 SYD $5.25 $63,498.75 605 F & I Roadviay Base Stone 9,37( SYD $4.20 $39,3S4.00 613 86.24 Cone. Curb & Gutter 3,475 lFT $16.70 $58,032.SC 61!i 89.12 Cone. Curb & Gutter "718 LFT $14.5(] $10,411.0C 621 Backfill Curb 4,193 LfT $0.Sll $3,689.84 625 HMA Base Course NSO 6.25" 9,370 SYD $19.0!i $118,498.sc 62° HMA Binder Course N70 3" _ 9,37C SYD $10.9C $102,133.00 633 HMA Surface Course N70 2• 9,370 SYD sus $76,365.SC 637 Pvmt Markings - Paint Striping l SUM $1,695.00 $1,695.0C 639 Pvmnt Markings - Thermoplastic 1 SUM $3,395.0C $3.395.00 640 Barr. Type 3 Bolted to Pavement 6 EA $185.00 $1,110.00 641 Stop Signs Installed l EA $290.0C $290.00 NET RECAPTURE AMOUNT - PAVEMENT, STRIPING & SIGNAGE $551,869.09 STREETUGHTING Item Description Quantity Unit Unit Price Total $58,150.00 951 Street Lighting Complete l SUM $58,150.0C ComEd Service Feed for Streetlights 1 SUM $SSO.OC $5SO.OC ComEd Sleeves @ 143rd Street/G0ugar Rd SUM $3,600.0C $3,600.0C NET RECAPTURE AMOUNT - STREETUGHTING $62,300.00 STORM SEWER IMPROVEMENTS Item Description Qullntlty Unit Unit Price Total 200 :4 HOPE Perforated oraintile 1,289 l.FT $5.72 $7,373.08 201 U RCP Storm Sewer 720 I.FT "$21.84 $15,724.80 203 1S RCP Storm Sewer 177 LfT $23.96 $4,240.92 205 18 RCP Stonn Sewer 631 LfT $27.!)3 $17,055.93 2ff1 24 RCP Storm Sewer 427 lfT $32.17 $13,736.59 208 24 HOPE Storm Sewer 288 lFT $36.15 $10,411.20 209 30 RCP Storm Sewer 217 lfT $40.28 $8,740.76 211 31! RCP Storm Sewer 73 I.FT $58.83 $4,294.59 21S 48 RCP Storm Sewer 106 LfT $216.37 $22,935.22 216 48 HOPE Storm Sewer 48 LFT $91.48 $4,391.04 217 Trench Baddlll -Storm Sewer 1,303 I.fl $13.46 $i7.S38.38 219 24 Type A Inlet 8 EA $1,277.30 $10,218.40 221 48 Catch Basin 7 EA $1,621.80 $11,352.60 222 60 Catch Bi1Sln w/ Restrictllr 1 EA $3,202.26 $3,202.26 223 72 catch Basin wi RJ!Strlctor l EA $4,634.32 $4,634.32 225 96 Catch Basin l EA $6,540.20 $6,540.20 227 48 Storm Manhole 6 EA $1,520.04 . $9,120.24 229 60 Storm Manhole 3 EA $1,981.14 $5,943.42 231 72 Storm Manhole 3 EA $3,529.80 $10.589.40 231a 96 Storm Manhole l EA $6,435.35 $6,435.35 232 24 Headwall w/ Rap Gate 1 EA $5,793.60 $5,793.60 233 12 RCP FES w/ Grate 2 EA $684.76 $1,369.52 235 4 RCP FES w/ Grate 3 EA $858.60 $2,S75.80 239 30 RCP Headwall l EA $1,067.42 $1,067.42 241 36 RCP Headwall ·1 EA $1,544.42 $1,544.42 243 f48 RCP FES w/ Grate 3 EA $1,931.32 $5,793.96 245 just Existing Stonm Manhole 1 SUM $559.68 $559.68 251 Rlprap Apron S 147 SYD $34.56 $5.08032 253 Rlprap Apron 9 286 SYD $62.01 $17,734.86 297 Haul, Level & Compact Sewer Spoils 2,000 CYD $4.49 $8,980.00 Televlslflg of Storm Sewer Improvements l SUM $5,625.00 $5,600 NET RECAPTURE AMOUNT· STORM SEWER IMPROVEMENTS $2S0,603.28 143rd & GOUGAR ROAD INTERSECTION IMPROVEMENTS (ESTIMATED) Item Descrifit;on QU31ntity Unit Unit Price Tot.ii 659 Sawoit E•Jst. Asphalt @ l43rd- 280 LFT $5.30 $1.,484.00 660 Ume Stabilization -Temp Connection 355 SYD $5.25 $1,863.75 661 Fine Grade Roadway Subgrade 355 SYD $0.8C $2114.00 667 F & I Roadway Base Stone 355 SYD $10.25 $3,638.75 669 HMA Base Course NSO 11.5" - 355 SYD $39.00 $13,845.00 671 HMA Surface Course N70 1.5" 355 SYD $6.50 $2,307.50 673 Strip Reflective Crack Control 132 lFT $2.40 $316.80 675 !Traffic Control Complete SUM $3,715.00 $3,715.oo 901 Traffic Slsnal 1 ' SUM $300,000.00 $300,000.00 673 ROW Acquisition Fee SUM $33,500.00 $33,500.00 NET RECAPTURE AMOUNT· INTERSECTION IMPROVEMENTS $692,000.45 TOTAL RECAPTURE AMOUNT I$ 1,926,514.561 HERITAGE CROSSING COReQRATE CENIE8 PIN= 16-05-08-100-013-0000 AREA=228.253 ACRES PARCEL 1: PIN= 16-05-08-100-014-0000 AREA=2.352 ACRES PROPOSED GOUGAR ROAD FRONTAGE=682. 62' PA8CEL 2: PIN= 16-05-08-100-019-0000 AREA= 7.533 ACRES PROPOSED GOUGAR ROAD FRONTAGE=934.41' PBOPOSED GOUQAR RQAQ COST41,926,515 HERITAGE CROSSING CORPORATE CENTER (50%}=$963,257.50 PARCEL 1 (42.21% OF REMAINING 50%}=$406,591 PARCEL 2 (57.79% Of REMAINING 50%)=$556,666.50 HERITAGE CROSSING CORPORATE CTR. 2 ENGINEERS • SURVEYORS LOCKPORT, ILLINOIS EXHJBIT NO.: / . 1910 SOUTH HIGHLAND AVENUE, surrE 100 LOMBARD, JWNO!S 601-'B (830) 652--1300 GOUGAR ROAD RECAPTURE EXHIBIT J&HA PROJECT NO. E086c 50/ 1A4 T/ 1E 3: Committee of the Whole Agenda Memorandum Item To: Mayor & City Council From: Ron Caneva Date: May 28th, 2013 Subject: MLRP Recapture Agreement BACKGROUND/HISTORY: The Annexation Agreement which is commonly referred to at the Pasquinelli Annexation Agreement entered into by the City of Lockport and Lockport Investments LLC dated July 25, 2001 which annexed property that included both sides of 1-355 from 1515t. to 143rd. authorized the City to enter into a recapture agreement with the Developer which would require any properties benefiting from the construction of Gougar Road and related infrastructure improvements to pay their fair share of the same. MLRP Lockport Land LLC ("MLRP") bought the east side of property that was subject to the Pasquinelli Annexation Agreement from Lockport Investments LLC. The City entered in a Developer's Agreement with ML Realty. A memorandum of Agreement was attached to the Developer's Agreement and the First Amendment to the Developer's Agreement which was executed by the City and MLRP. The memorandum stated that MLRP would be eligible for reimbursement for the term permitted by the original annexation agreement dated July 25, 2001. MLRP has partially completed Gougar Road and is seeking recapture of its costs from properties that have benefitted or will benefit by the extension of Gougar Road. The City Engineer has reviewed the amount to be reimbursed from the benefitting property owners and concurs with the amount subject to recapture. The Illinois Municipal Code (65 ILCS 5/9-5.1) allows municipalities to enter into Recapture Agreements with Developers who construct public improvements to recapture a portion of the costs of these improvements from other property owners who benefit from the public improvements. However, the recapture only takes effect if the benefitted property owners develop their property or use the public improvements. Presently, the benefitted property owners are under no obligation to pay the recapture now. The recapture amount is only payable if and when they develop their property or use the public improvements. RECOMMENDATION: 1 File Ref: G:/drive/planning/all _developments/zoning/440 _thomton/cow_summary_pc_recommendation_ annexation_doc. ·-r mn ,----::··""' zn=zrnc";;n:=·::;;:· ;;;; Pass Resolution No. 13-052 which authorizes the Mayor and City Clerk to enter into a Recapture Agreement on behalf of the City with MLRP for certain public improvements described in the Recapture Agreement which will benefit other property owners. .ATTACHMENTS (IF APPLICABLE): Resolution No.13-052 and Recapture Agreement SPECIFIC CITY COUNCIL ACTION REQUIRED: Motion to authorize passage of Resolution No. 13-052 which authorizes the Mayor and City Clerk to enter into a Recapture Agreement on behalf of the City of Lockport with MLRP for certain public improvements described in the Recapture Agreement which will benefit other property owners. 2 File Ref: G:/drive/planning/all_ developments/zoning/440 _thornton/cow_ summary_pc_recommendation_ annexation_doc. April 7, 2015 Subject: Recapture of Road and Public Utility Costs Dear _: ML Realty Partners (ML) has progressed with its development project to the point where the City is reviewing the allocation of costs for the public improvements that have been paid by ML. The public improvements consist of a new roadway for a realigned Gougar Road, sanitary sewer service lines, and water mains. The public improvements have been located and sized so they will benefit your property that is located near the property owned and developed by ML. Whenever you or subsequent purchasers of your property determine that it’s time to develop your property to access or connect to the newly constructed or installed public improvements, you or the developer will be required to pay to the City your property’s proportionate share of the costs of the public improvements. The City will then remit your payment to ML to reimburse ML for the share of costs that the City required them to construct or install at ML’s expense. Please understand, YOU OWE NOTHING NOW. You or someone to whom you sell or give your property will not owe anything until either direct access to Gougar Road is requested or a connection to the City’s sanitary sewer or water system is requested. If you choose to do nothing . . . you choose to not develop your property, or you choose not to sell your property to a developer, or your children or heirs take title to your property . . . you will NOT be required to pay anything. The only time that payment will be required is if, as stated above, you seek access or a connection to the public improvements. I have enclosed the “recapture agreement” that will be presented to the Lockport City Council on April 15, 2015, at 7:00 p.m. at the Central Square Building. That meeting will be open to the public, and you are welcome to attend. The City Council could take final action on the recapture agreement that night. If the recapture agreement is approved by the City Council, the agreement will be recorded with the Will County Recorder so subsequent 1 purchasers of your property will have notice of the financial obligation for the public improvements. The exhibits to the recapture agreement set forth the proportionate share each benefitted parcel will be required to pay. Those figures will be updated in the future once all public improvements are completed and actual costs are available to calculate final figures. The amount owed will be subject to interest at a rate set forth in the recapture agreement. If you have any questions regarding the recapture agreement, feel free to call Lockport City Attorney, Tom Thanas, at (815) 838-0549, extension 2106, or email him at [email protected]. Tom will be happy to review the agreement with you and explain its provisions and specific application to your property. Again, you have nothing to pay now. The obligation to pay will come only with direct access to Gougar Road or a connection to the City’s sanitary sewer or water system. In the meantime, you are authorized by Illinois law to continue with all existing lawful uses on your property and any other uses that are authorized by law or Will County ordinance. You do not have to change any current uses or make any lifestyle changes if you want to continue with things as they are today. Sincerely, Ben Benson Lockport City Administrator BB:tat Enclosure: Recapture Agreement 2 CE-1 City Council Agenda Memorandum Item # To: Mayor & City Council From: Amy Wagner, P.E., Subject: 2015 Downtown Vault filling & Sidewalk Replacement Project Bid Opening Results Date: March 25, 2015 BACKGROUND/HISTORY In 2011, the City of Lockport with the help of V3 Engineering, completed a comprehensive Downtown Vault study, to identify and determine the condition of the vaults and to provide recommendations for each vault going forward. There were 20 vaults identified and recommended to be filled at an estimated cost of $250,000-$350,000. The same year, the City also completed the 2012 Vault Filling & Sidewalk Replacement Project and filled vaults at 809 State Street, 934,936 &938 State Street and 1028 State Street. In the near future, the State of Illinois will be doing an intersection improvement project at the intersection of IL-7 and IL-171. As part of this project, the State agreed to fill the remaining vaults that are located within the project limits of the project. The three remaining vaults that will not be included in the State project are located at 1000/1004 State Street, 1011/1015 State Street and 1100 State Street. The City budgeted $70,000 this year for the Downtown Vault Filling of these 3 vaults. In the near future, the State of Illinois will be doing an intersection improvement project at the intersection of IL-7 and IL-171. As part of this project, the State agreed to fill the remaining vaults that are located within the project limits of the project. The three remaining vaults that will not be included in the State project are located at 1000/1004 State Street, 1011/1015 State Street and 1100 State Street. The City budgeted $70,000 this year for the Downtown Vault Filling of these 3 vaults, based on the original construction cost estimate from the 2012 Vault Study. PROS/CONS/ALTERNATIVES (IF APPLICABLE) On March 25, 2015, the City received two bids for the 2015 Downtown Vault Filling & Sidewalk Replacement Program. The lowest bid was received from R&R Contractors, from Morris, IL, in the amount of $125,355. An alternate bid was also issued, which included the cost of replacing the Limestone near 1100 State Street. The final engineer’s estimate of construction cost, completed based on the final plans & specifications was $98,085. The low bid is 28% higher than the estimate and 79% higher than budget. We could rebid the project, and hope to get more bids & better prices, but is unlikely that we will get much better than the current bid. We can postpone all or a portion of the project, but will likely pay more in the future if this is the route chosen. We can eliminate ADA improvements ($20,000 budgeted) from the 2015 Sidewalk Program, and reduce the size of the 2015 Sidewalk program, or use available money in the Infrastructure Maintenance line item of the Budget to make up the difference. RECOMMENDATION We recommend that a contract be awarded to R&R Contractors, from Morris, IL, in the amount of $125,355. ATTACHMENTS (IF APPLICABLE) 1. Resolution 2. Bid Tabulation SPECIFIC CITY COUNCIL ACTION REQUIRED A. Resolution authorizing the execution of a contract with R&R Contractors, in the amount of $125,355, for the 2015 Downtown Vault filling & Sidewalk Replacement Project. RESOLUTION # 15- RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH R&R CONTRACTORS, IN THE AMOUNT OF $125,355, FOR THE 2015 DOWNTOWN VAULT FILLING & SIDEWALK REPLACEMENT PROJECT. WHEREAS, the City of Lockport with the help of V3 Engineering, completed a comprehensive Downtown Vault study, to identify and determine the condition of the vaults and to provide recommendations for each vault going forward; and WHEREAS, the City has completed plans and specifications to fill the vaults and replace the sidewalk located at 1000/1004 State Street, 1011/1015 State Street and 1100 State Street; and WHEREAS, the City has advertised for bids in accordance with state and local ordinances; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LOCKPORT AS FOLLOWS: Section 1: The Mayor and City Clerk are hereby authorized to execute a contract with R&R Contractors, in the amount of $125,355, for the 2015 Downtown Vault filling & Sidewalk Replacement Project. Section 2: Effective Date: This Resolution shall become effective upon passage, approval and publication in book and pamphlet form as provided by law. PASSED this day of , 2015. ALDERMEN VOTING AYE ALDERMEN VOTING NAY ALDERMEN ABSTAINING ALDERMEN ABSENT the MAYOR voting aye voting nay not voting ______PETRAKOS ______CAPADONA ______GILLOGLY ______SMITH ______DESKIN ______VANDERMEER ______PERRETTA ______BARTELSEN ______MAYOR Steve Streit, Mayor Alice Matteucci, City Clerk City of Lockport 2015 Downtown Vault Filling & Sidewalk Replacement Program Bid Tabulation 3/27/2015 Engineer's Estimate R&R Construction MYS Incorporated Item Description Unit Quantity Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 1000/1004 State Street ‐ Base Bid Work LSUM 1 $28,045.00 $28,045.00 $37,604.00 $37,604.00 $63,250.00 $63,250.00 2 1011/1015 State Street ‐ Base Bid Work LSUM 1 $26,607.00 $26,607.00 $38,198.00 $38,198.00 $59,250.00 $59,250.00 3 1100 State Street ‐ Base Bid Work* LSUM 1 $33,433.00 $33,433.00 $39,553.00 $39,553.00 $67,750.00 $67,750.00 Alternate 1 Bid ‐ Remove & Replace Limestone Sidewalk** 3.1 Sidewalk Removal & Salvage, Special (Limestone) SF 320 $40.00 $12,800.00 $26.56 $8,499.20 $40.00 $12,800.00 3.2 Sidewalk Removal, Special (Limestone) SF ‐320 $12.00 ‐$3,840.00 $3.16 ‐$1,011.20 $8.00 ‐$2,560.00 3.3 Limestone Sidewalk SF 320 $80.00 $25,600.00 $36.56 $11,699.20 $50.00 $16,000.00 3.4 PCC Sidewalk 5" (deduct) SF ‐320 $9.00 ‐$2,880.00 $5.00 ‐$1,600.00 $8.00 ‐$2,560.00 Misc, Unuit Prices for Additive work (Not included in the Total Base Bid or Alt.1) PCC Sidewalk Removal SF 100 $9.00 $3.50 $10.00 PCC Sidewalk, 5" SF 100 $9.00 $5.00 $10.00 4 Allowance (unanticipated additional work) $10,000.00 $10,000.00 $10,000.00 Total lines 1+2+3+4 = Base Bid: $98,085.00 $125,355.00 $200,250.00 $200,200.00 *as read Total Lines 1+2+3+3.1+3.2+3.3+3.4+4 = Alt 1 Bid: $129,765.00 $142,942.20 $223,930.00 $223,880.00 *as read MEMORANDUM DATE: April 9, 2015 TO: File FROM: George Schober CC: Amy Wagner (COL), RE: Downtown Vault Repair 2015 Contractor Reference Check Response – Village of Lombard Response from Ying Miao, Engineer with the Village Lombard (via telephone conversation on 4/9/15 @10:30am): Can you please provide a response to the following questions as they related to the above project: 1. Briefly describe the scope of the work of the above referenced project. – Pond expansion – earthwork and storm sewer installation. Minor sidewalk relocation. Sub-ed out landscaping 2. Please confirm that the bid amount of the project was approximately $1.3M. Correct. Bid was around $715K. Completed project at 710K, although some items were not completed. 3. Who was the Contractors Superintendent for the Project? Worked with Angelo Semonelli. He was operator/ Superintendent. 4. What work was self-performed by the contractor? What work was performed by subcontractors under the Prime Contractors supervision? Prime Work - earthwork and storm sewer installation, Minor sidewalk relocation Sub work – Layout, landscaping, trucking. 5. If subcontractors were utilized, did the Contractor take responsibility for the subcontractors work as well as their own work? Yes managed them well. 6. Was the Project Completed on schedule? If not, please explain why. Yes 7. Was the Project completed on budget? If not, what was the original project contract amount? What was the number and amount of the change orders to the Contract? Below bid price. Only one change order to delete work that did not need to be completed. 8. Was the contractor required to provide a detailed construction Schedule? If yes, did the Contractor provide a detailed construction schedule for the project. Was the project executed in accordance with the schedule. Yes, and he executed to the schedule, except some cold weather pushed some items to spring. They have already completed those items. Page 2 of 2 April 9, 2015 Memorandum 9. Did the Contractor execute the Construction Contract and provide insurance and Bonds in a timely fashion? Yes 10. Was the Village of Lombard satisfied with the quality of the work performed by the contractor. Yes, grading was pretty good. Very responsive. 11. Did the Contractor perform punchlist work in a timely manner? Punchlist was completed prior to the deadline. Still have some minor work to complete 12. Was the Contractor required to provide record drawing and other project close out materials? If so, were they provided n is timely manner? Were the documented prepared in a professional manner? Yes, very responsive. 13. Did the Contractor prepare pay requests in a timely and professional manner? Yes 14. Was the Contractor a “Team Player”, did they make recommendation to improve the project that seemed to be in the Village’s best interests? Yes, very responsive. No complaints from adjacent residents. Good with lean up on a daily basis. 15. Would you hire this Contractor again? Would you recommend this Contractor to other municipalities? Yes, Yes. Page 2 of 2 MEMORANDUM DATE: April 7, 2015 TO: File FROM: George Schober CC: Amy Wagner (COL) RE: Downtown Vault Repair 2015 Contractor Reference Check Response – Capital Development Board Response from Steve Halm, Sr. Project Manager for Capital Development Board (via email on 4/7/15 @3:04pm): Reference Project Name: bridge approach removal and regrading for Illinois capital development board Construction Time: fall 2014 Contract Value: $260,000 Can you please provide a response to the following questions as they related to the above project: 1. Briefly describe the scope of the work of the above referenced project. Removal of concrete abutments, foundations, paving, classified soils, site restoration and fencing. 2. Please confirm that the bid amount of the project was approximately $260,000. Correct. Final contract amount was $266,929.66. 3. Who was the Contractors Superintendent for the Project? Rick Ramos 4. What work was self-performed by the contractor? What work was performed by subcontractors under the Prime Contractors supervision? RNR self-performed all work with the exception of metal fencing. 5. If subcontractors were utilized, did the Contractor take responsibility for the subcontractors work as well as their own work? Yes, fencing subcontractors work was well coordinated. 6. Was the Project Completed on schedule? If not, please explain why. The project was completed approx. 30 days ahead of schedule. 7. Was the Project completed on budget? If not, what was the original project contract amount? What was the number and amount of the change orders to the Contract? Yes, the project was completed within budget. There were only two change orders on the project, both of which were requests from the Using Agency for additional soil removal and HD fencing along the canal. The two change orders totaled $45,411.66 Page 2 of 2 April 7, 2015 Memorandum 8. Was the contractor required to provide a detailed construction Schedule? If yes, did the Contractor provide a detailed construction schedule for the project. Was the project executed in accordance with the schedule. Yes, the contractor was required to provide a detailed schedule. The project was executed in accordance with the schedule. 9. Did the Contractor execute the Construction Contract and provide insurance and Bonds in a timely fashion? Yes, the contractor provided the signed contract, bonds and insurance within ten days of Notice of Award as required. 10. Was the Village of Lombard satisfied with the quality of the work performed by the contractor. Did the Contractor perform punchlist work in a timely manner? Yes, CDB and the Dept of Natural Resources were very satisfied with the quality of work and attention to detail. There were no punch list items recorded. 11. Was the Contractor required to provide record drawing and other project close out materials? If so, were they provided n is timely manner? Were the documented prepared in a professional manner? Yes, the contractor was required to provide a set of marked up “as built” drawings at close out. The “as builts” provided were thorough and timely. 12. Did the Contractor prepare pay requests in a timely and professional manner? Yes, pay applications were timely and included all required lien waivers when submitted. 13. Was the Contractor a “Team Player”, did they make recommendation to improve the project that seemed to be in the Village’s best interests? Yes, the contractor was cooperative in all respects. 14. Would you hire this Contractor again? Would you recommend this Contractor to other municipalities? Yes, I would welcome working with this firm again on future State projects. Yes, I would recommend this firm to others. 15. Please provide any additional information regarding this Contractor that might be important to the City as related to the selection of this Contractor. This firm did an excellent job of coordinating and executing the work. Excellent communication, cooperation and workmanship. Page 2 of 2 April 8, 2015 Amy Wagner, Director of Engineering City of Lockport 17112 Prime Boulevard Lockport, IL 60441 Re: Lockport Downtown Vault improvements 2015 Contractor Recommendation Dear Ms. Wagner, Bids were opened and read aloud on 2015 for the City of Lockport’s Downtown Sidewalk Vault Improvement 2015 Project. Bids were received from two contractors and were read aloud as follows: • RNR Construction Inc. in the amount of $125,355.00 (Base Bid) and $142,942.20 (Base Bid + Alt. 1) • MYS Incorporated in the amount of $200,250.00 (Base Bid) and $223,930.00 (Base Bid + Alt. 1) The apparent low bidder was RNR Construction Inc., with a Base Bid Price of $125,355.00. RNR Construction Inc.’s bid was reviewed and it was found to comply with the requirements of the bidding documents. The arithmetic of all bids was checked and although there were some minor calculation errors found in the bid for MYS Incorporated, the errors do not affect the order of the bid results. We contacted the references provided by RNR Construction Inc. and received responses from two of the four references. Both references indicated that RNR Construction Inc. performed well on their projects and that they would both use this contractor again and would recommend them to other agencies. The reference responses are attached. We will continue to follow up with the remaining references. Based on the responses from the references, we recommend that the City enter into a contract with the RNR Construction Inc. for the reference project. If you have any questions or require further information, please contact me at (630) 291-0064 or by email at [email protected]. Sincerely, V3 COMPANIES OF ILLINOIS, LTD. George J. Schober, P.E. Senior Project Manager GJS/gjs cc: V3 File 11159.2 V3 COMPANIES OF ILLINOIS LTD. • 7325 JANES AVENUE, WOODRIDGE, IL 60517 • PH: 630.724.9200 • FX: 630.724.9802 • V3CO.COM City Council CE-2 Agenda Memorandum Item # To: Mayor & City Council From: Amy Wagner, P.E. Subject: 2015 Summit & RunyanReconstruction Bid Results Date: April 22, 2015 BACKGROUND/HISTORY Runyan Drive is in very poor condition, and the water main is currently in the rear yards, making it difficult to maintain. This project was surveyed and listed for reconstruction in 2008 with the Valley Lane reconstruction project, however it had to be cut due to funding limitations. The water main on Summit Street is in very poor condition, during the reconstruction of Maple and Milne in 2013, there were multiple water main breaks, in a very close vicinity. Summit Street is also in poor condition and has several intersections that need storm infrastructure. PROS/CONS/ALTERNATIVES (IF APPLICABLE) On April 22, 2015, there were five (5) proposals submitted and the lowest bid was received from Austin Tyler Construction in the amount of $1,238,060.13. The low bid was significantly higher than the budgeted amount. The alternate bid prices were for optional services, which would replace potentially higher cost alternatives within the scope of the base bid. Therefore the alternate amount would NOT be added to the awarded cost. The amounts budgeted for the Summit/Runyan Street Project are as follows: Budget Line Item Amount Budgeted Contract Amount Overage % Roadway Projects Capital $650,000.00 $806,140.13 $156,140.13 24.0% Water/Sewer Projects capital $300,000.00 $431,920.00 $131,920.00 44.0% Total $950,000.00 $1,238,060.13 $288,060.13 30.3% The final cost of the project will be dependent upon measured quantities. RECOMMENDATION We recommend that a contract be awarded to Austin Tyler Construction in the amount of $1,238,060.13. ATTACHMENTS (IF APPLICABLE) 1. Resolution 2. Bid Tabulation 3. CIP info sheet SPECIFIC CITY COUNCIL ACTION REQUIRED A. Resolution authorizing the execution of a contract with Austin Tyler Construction in the amount of $1,238,060.13 for the 2015 Summit & Runyan Reconstruction Project. 037 RESOLUTION # 15- ____ RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH AUSTIN TYLER CONSTRUCTION IN THE AMOUNT OF $1,238,060.13, FOR THE 2015 SUMMIT & RUNYAN RECONSTRUCTION PROJECT WHEREAS, Summit Drive & Runyan Drive are very poor condition, and the water main on Summit has experienced multiple breaks over the past few years, costing the City a significant amount in repair costs; and WHEREAS, the City has completed plans & specifications for the Reconstruction of Summit & Runyan Drive and replacement of the water main; and WHEREAS, the City has advertised for bids in accordance with state and local ordinances; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LOCKPORT AS FOLLOWS: Section 1: The Mayor and City Clerk are hereby authorized to execute a contract with Austin Tyler Construction in the amount of $1,238,060.13, for the 2015 Summit & Runyan Reconstruction Project. Section 2: Effective Date: This Resolution shall become effective upon passage, approval and publication in book and pamphlet form as provided by law. PASSED this ______day of ______, 2015. _____ ALDERMEN VOTING AYE ______ALDERMEN VOTING NAY _____ ALDERMEN ABSTAINING ______ALDERMEN ABSENT the MAYOR voting aye _____ voting nay _____ not voting _____ _____ PETRAKOS _____ CAPADONA _____ GILLOGLY _____ SMITH _____ DESKIN _____ VANDERMEER _____ PERRETTA _____ BARTELSEN _____ MAYOR ATTEST: ______Steve Streit, Mayor Alice Matteucci, City Clerk SUMMIT & RUNYAN DRIVE ROADWAY IMPROVEMENT PROJECT CITY OF LOCKPORT Bid Tabulation Date: 4/22/15 DesignTek Engineer's Estimate COL Revised Engineer's Estimate Austin Tyler Construction PT Ferro Construction Len Cox & Sons Excavating Alamp Construction Conley Excavating No. SP # Item Unit Quantity Unit Cost Total Amount Unit Cost Total Amount Unit Cost Total Amount Unit Cost Total Amount Unit Cost Total Amount Unit Cost Total Amount Unit Cost Total Amount 1 201 Tree Removal (6 to 15 unit diameter) UN 62 $15.00 $930.00 $20.00 $1,240.00 $30.00 $1,860.00 $26.20 $1,624.40 $30.00 $1,860.00 $28.00 $1,736.00 $32.00 $1,984.00 2 201 Tree Removal (over 15 unit diamter) UN 888 $20.00 $17,760.00 $22.00 $19,536.00 $30.00 $26,640.00 $26.20 $23,265.60 $30.00 $26,640.00 $28.00 $24,864.00 $32.00 $28,416.00 3 202.01 Earth Excavation CY 2,526 $25.00 $63,150.00 $25.00 $63,150.00 $27.00 $68,202.00 $35.00 $88,410.00 $22.00 $55,572.00 $36.50 $92,199.00 $26.00 $65,676.00 4 207.01 Pourous Granular Embankment, Special CY 50 $45.00 $2,250.00 $45.00 $2,250.00 $45.00 $2,250.00 $60.00 $3,000.00 $49.00 $2,450.00 $38.00 $1,900.00 $40.00 $2,000.00 5 252.02 Sodding, Special SY 3,634 $8.00 $29,072.00 $8.00 $29,072.00 $9.50 $34,523.00 $9.00 $32,706.00 $10.00 $36,340.00 $10.00 $36,340.00 $13.00 $47,242.00 6 252.09 Supplemental Watering UN 2 $200.00 $400.00 $200.00 $400.00 $200.00 $400.00 $200.00 $400.00 $225.00 $450.00 $1.00 $2.00 $2,750.00 $5,500.00 7 251.04 Erosion Control Blanket SY 10 $8.00 $80.00 $8.00 $80.00 $10.00 $100.00 $10.00 $100.00 $20.00 $200.00 $5.00 $50.00 $10.00 $100.00 8 107.14 Traffic Control and Protection LS 1 $35,000.00 $35,000.00 $20,000.00 $15,000.00 $29,000.00 $29,000.00 $8,405.00 $8,405.00 $16,000.00 $16,000.00 $148,000.00 $148,000.00 $120,000.00 $120,000.00 9 440 Driveway Pavement Removal SY 1,164 $15.00 $17,460.00 $5.00 $5,820.00 $8.00 $9,312.00 $10.00 $11,640.00 $4.00 $4,656.00 $12.00 $13,968.00 $12.00 $13,968.00 10 440.00 Sidewalk Removal SF 7,188 $4.00 $28,752.00 $2.00 $14,376.00 $2.00 $14,376.00 $1.50 $10,782.00 $3.00 $21,564.00 $1.00 $7,188.00 $2.15 $15,454.20 11 440.04 HMA Surface Removal, 4" SY 5,165 $6.00 $30,990.00 $4.00 $20,660.00 $4.00 $20,660.00 $2.50 $12,912.50 $3.50 $18,077.50 $5.00 $25,825.00 $5.50 $28,407.50 12 406.00 HMA Surface Course, Mix D, N50, 2" TON 1,056 $85.00 $89,760.00 $60.00 $63,360.00 $65.00 $68,640.00 $72.50 $76,560.00 $73.50 $77,616.00 $80.00 $84,480.00 $84.00 $88,704.00 13 460.00 HMA Binder Course, Ill-19.0, N50, 5" TON 1,571 $70.00 $109,970.00 $55.00 $86,405.00 $54.00 $84,834.00 $67.50 $106,042.50 $68.50 $107,613.50 $75.00 $117,825.00 $76.00 $119,396.00 14 311R Sub-base Granular Material, Type B, 4" SY 2,997 $5.60 $16,783.20 $5.60 $16,783.20 $6.00 $17,982.00 $3.00 $8,991.00 $5.00 $14,985.00 $5.00 $14,985.00 $14.00 $41,958.00 15 406.00 Bituminous Materials, Prime Coat (0.1 GL/SY) GL 813 $0.25 $203.25 $0.25 $203.25 $0.01 $8.13 $0.01 $8.13 $0.01 $8.13 $0.01 $8.13 $1.00 $813.00 16 311R LEVELING Sub-base Granular Material, Type B TON 344 $25.00 $8,600.00 $25.00 $8,600.00 $17.00 $5,848.00 $15.00 $5,160.00 $15.00 $5,160.00 $25.00 $8,600.00 $19.00 $6,536.00 17 606.00 Combination Curb & Gutter, Type B6.12 LF 976 $23.00 $22,448.00 $23.00 $22,448.00 $14.00 $13,664.00 $17.50 $17,080.00 $18.00 $17,568.00 $19.00 $18,544.00 $29.00 $28,304.00 18 606.00 Mountable Curb & Gutter, Type M3.12 LF 3,906 $20.00 $78,120.00 $20.00 $78,120.00 $15.00 $58,590.00 $17.00 $66,402.00 $18.00 $70,308.00 $19.00 $74,214.00 $25.00 $97,650.00 19 423.01 Portland Cement Conc. Driveway Pavement 6" SY 1,112 $60.00 $66,720.00 $45.00 $50,040.00 $60.00 $66,720.00 $65.00 $72,280.00 $72.00 $80,064.00 $48.00 $53,376.00 $42.00 $46,704.00 20 355.01 Bit. Conc. Driveway Pavement, 4" SY 49 $40.00 $1,960.00 $25.00 $1,225.00 $48.00 $2,352.00 $50.00 $2,450.00 $58.00 $2,842.00 $50.00 $2,450.00 $58.00 $2,842.00 21 442.00 Class D Patch, 6", Special SY 20 $65.00 $1,300.00 $60.00 $1,200.00 $50.00 $1,000.00 $55.00 $1,100.00 $65.00 $1,300.00 $50.00 $1,000.00 $63.00 $1,260.00 22 424R Portland Cement Concrete Sidewalk, 5", Special SF 6,953 $8.00 $55,624.00 $7.00 $48,671.00 $6.00 $41,718.00 $7.50 $52,147.50 $9.50 $66,053.50 $5.50 $38,241.50 $4.80 $33,374.40 23 424.00 Detectable Warnings, Special EA 29 $400.00 $11,600.00 $150.00 $4,350.00 $20.00 $580.00 $225.00 $6,525.00 $250.00 $7,250.00 $325.00 $9,425.00 $300.00 $8,700.00 24 780.05 Thermoplastic Pavement Marking, White, 24" LF 138 $10.00 $1,380.00 $10.00 $1,380.00 $9.00 $1,242.00 $9.00 $1,242.00 $12.00 $1,656.00 $20.00 $2,760.00 $15.00 $2,070.00 25 780.05 Thermoplastic Pavement Marking, White, 6" LF 769 $2.00 $1,538.00 $2.00 $1,538.00 $2.25 $1,730.25 $2.25 $1,730.25 $3.00 $2,307.00 $2.00 $1,538.00 $4.25 $3,268.25 26 Watermain to be Removed (8" dia.) LF 909 $12.00 $10,908.00 $12.00 $10,908.00 $20.00 $18,180.00 $17.50 $15,907.50 $20.00 $18,180.00 $1.00 $909.00 $18.00 $16,362.00 27 440.01 Fire Hydrant to be Removed EA 2 $1,000.00 $2,000.00 $500.00 $1,000.00 $500.00 $1,000.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $650.00 $1,300.00 $750.00 $1,500.00 28 603.01 Valve & Vault to be Removed EA 7 $500.00 $3,500.00 $700.00 $4,900.00 $500.00 $3,500.00 $700.00 $4,900.00 $700.00 $4,900.00 $550.00 $3,850.00 $850.00 $5,950.00 29 603.02 Adjust Utility Structure EA 1 $500.00 $500.00 $500.00 $500.00 $300.00 $300.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $450.00 $450.00 $1,110.00 $1,110.00 30 435.01 Plug Existing Watermain EA 8 $1,200.00 $9,600.00 $600.00 $4,800.00 $1,500.00 $12,000.00 $2,300.00 $18,400.00 $2,000.00 $16,000.00 $1,250.00 $10,000.00 $450.00 $3,600.00 31 402.03 Ductile Iron Watermain, 8" LF 3,260 $70.00 $228,200.00 $60.00 $195,600.00 $69.00 $224,940.00 $79.00 $257,540.00 $59.00 $192,340.00 $95.00 $309,700.00 $98.00 $319,480.00 32 464.01 8" Gate Valve in 48" Vault EA 25 $3,400.00 $85,000.00 $2,500.00 $62,500.00 $3,000.00 $75,000.00 $2,900.00 $72,500.00 $2,900.00 $72,500.00 $4,500.00 $112,500.00 $3,650.00 $91,250.00 33 450.01 Fire Hydrant w/Aux. Valve & Valve Box EA 7 $3,900.00 $27,300.00 $2,500.00 $17,500.00 $3,800.00 $26,600.00 $5,140.00 $35,980.00 $5,150.00 $36,050.00 $4,500.00 $31,500.00 $5,000.00 $35,000.00 34 565.01b Water Service, Far Side EA 12 $2,500.00 $30,000.00 $2,200.00 $26,400.00 $2,700.00 $32,400.00 $3,700.00 $44,400.00 $3,700.00 $44,400.00 $2,950.00 $35,400.00 $2,280.00 $27,360.00 35 425.01 Non-Pressure Watermain Connection EA 12 $2,400.00 $28,800.00 $2,400.00 $28,800.00 $2,500.00 $30,000.00 $560.00 $6,720.00 $550.00 $6,600.00 $500.00 $6,000.00 $5,000.00 $60,000.00 36 430.01 Watermain Pressure Connection EA 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $4,750.00 $4,750.00 $5,000.00 $5,000.00 $7,000.00 $7,000.00 37 208.01 Trench Backfill Material CY 2,907 $35.00 $101,745.00 $30.00 $87,210.00 $32.00 $93,024.00 $0.01 $29.07 $35.00 $101,745.00 $30.00 $87,210.00 $38.00 $110,466.00 38 Exploratory Excavation EA 2 $800.00 $1,600.00 $800.00 $1,600.00 $700.00 $1,400.00 $550.00 $1,100.00 $550.00 $1,100.00 $25.00 $50.00 $400.00 $800.00 39 551.00 Storm Sewer Removal LF 408 $20.00 $8,160.00 $20.00 $8,160.00 $20.00 $8,160.00 $15.00 $6,120.00 $15.00 $6,120.00 $1.00 $408.00 $50.00 $20,400.00 40 603.01 Storm Structures to be Removed EA 8 $500.00 $4,000.00 $500.00 $4,000.00 $300.00 $2,400.00 $500.00 $4,000.00 $500.00 $4,000.00 $500.00 $4,000.00 $350.00 $2,800.00 41 436.01 Plug Existing Storm Sewer EA 1 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $500.00 $500.00 $300.00 $300.00 $300.00 $300.00 $500.00 $500.00 $500.00 $500.00 42 603.00 Utility Structure to be Abandoned EA 1 $500.00 $500.00 $500.00 $500.00 $300.00 $300.00 $400.00 $400.00 $400.00 $400.00 $500.00 $500.00 $1,500.00 $1,500.00 43 550.00 Storm Sewer, Rubber Gasket, Class A, Type 1 - 36" LF 294 $130.00 $38,220.00 $75.00 $22,050.00 $58.00 $17,052.00 $87.00 $25,578.00 $75.00 $22,050.00 $185.00 $54,390.00 $116.00 $34,104.00 44 550.00 Storm Sewer, Rubber Gasket, Class A, Type 1 - 24" LF 326 $68.00 $22,168.00 $65.00 $21,190.00 $44.00 $14,344.00 $70.00 $22,820.00 $60.00 $19,560.00 $105.00 $34,230.00 $91.00 $29,666.00 45 550.00 Storm Sewer, Rubber Gasket, Class A, Type 1 - 21" LF 344 $60.00 $20,640.00 $55.00 $18,920.00 $39.00 $13,416.00 $64.00 $22,016.00 $54.00 $18,576.00 $100.00 $34,400.00 $90.00 $30,960.00 46 550.00 Storm Sewer, Rubber Gasket, Class A, Type 1 - 18" LF 358 $55.00 $19,690.00 $40.00 $14,320.00 $38.00 $13,604.00 $58.00 $20,764.00 $48.00 $17,184.00 $85.00 $30,430.00 $87.00 $31,146.00 47 550.00 Storm Sewer, Rubber Gasket, Class A, Type 1 - 15" LF 96 $45.00 $4,320.00 $35.00 $3,360.00 $37.00 $3,552.00 $56.00 $5,376.00 $45.00 $4,320.00 $75.00 $7,200.00 $75.00 $7,200.00 48 550.00 Storm Sewer, Rubber Gasket, Class A, Type 1 - 12" LF 188 $40.00 $7,520.00 $30.00 $5,640.00 $35.00 $6,580.00 $51.00 $9,588.00 $40.00 $7,520.00 $65.00 $12,220.00 $68.00 $12,784.00 49 602.03 84" Dia. Manhole EA 1 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00 $11,000.00 $11,000.00 $6,900.00 $6,900.00 50 602.03 60" Dia. Manhole EA 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $4,300.00 $4,300.00 $4,300.00 $4,300.00 $4,300.00 $4,300.00 $5,000.00 $5,000.00 $4,800.00 $4,800.00 51 602.03 48" Dia. Manhole EA 5 $1,800.00 $9,000.00 $1,800.00 $9,000.00 $2,400.00 $12,000.00 $2,760.00 $13,800.00 $2,750.00 $13,750.00 $3,500.00 $17,500.00 $2,950.00 $14,750.00 52 602.03 60" Dia. Catch Basin EA 1 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $4,300.00 $4,300.00 $4,300.00 $4,300.00 $5,000.00 $5,000.00 $6,100.00 $6,100.00 53 602.03 48" Dia. Catch Basin EA 4 $2,400.00 $9,600.00 $2,400.00 $9,600.00 $2,200.00 $8,800.00 $2,300.00 $9,200.00 $2,300.00 $9,200.00 $3,000.00 $12,000.00 $5,500.00 $22,000.00 54 602.03 24" Dia. Inlet EA 7 $1,200.00 $8,400.00 $1,200.00 $8,400.00 $1,400.00 $9,800.00 $1,100.00 $7,700.00 $1,000.00 $7,000.00 $1,500.00 $10,500.00 $1,050.00 $7,350.00 55 Connect to Existing Manhole EA 1 $1,800.00 $1,800.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $500.00 $500.00 $500.00 $500.00 $1,500.00 $1,500.00 $2,100.00 $2,100.00 56 358.04 Aggregate Base Repair TON 231 $25.00 $5,775.00 $20.00 $4,620.00 $27.00 $6,237.00 $15.00 $3,465.00 $15.00 $3,465.00 $45.00 $10,395.00 $21.00 $4,851.00 57 358.00 Preparation of Base SY 5,165 $2.50 $12,912.50 $2.00 $10,330.00 $1.15 $5,939.75 $1.50 $7,747.50 $1.75 $9,038.75 $1.00 $5,165.00 $2.50 $12,912.50 58 562.01a Water Service, Near Side EA 1 $700.00 $700.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $2,000.00 $2,000.00 $1,950.00 $1,950.00 TOTAL $1,413,108.95 $1,157,615.45 $1,238,060.13 $1,251,364.95 $1,299,639.38 $1,641,725.63 $1,744,978.85 As read amount ** $1,741,828.00 ALTERNATES 1 562.01c Water Service, Far Side, Augered EA 12 $2,800.00 $33,600.00 $3,000.00 $36,000.00 $3,000.00 $36,000.00 $3,400.00 $40,800.00 $3,700.00 $44,400.00 $3,500.00 $42,000.00 $2,500.00 $30,000.00 2 430.01 Watermain Pressure Connection EA 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $4,500.00 $4,500.00 $5,500.00 $5,500.00 $8,000.00 $8,000.00 TOTAL ALTERNATES $38,600.00 $41,000.00 $41,000.00 $44,800.00 $48,900.00 $47,500.00 $38,000.00 Page 1 of 1 City of Lockport Capital Improvement Plan 2014‐2020 Project # Name Ward 15‐019 Summit and Runyan Drive Reconstruction 2 & 3 Type Department Road/Storm Sewer/Water Main Engineering Description: This project involves the partial reconstruction of Runyan Drive from Valley Lane to Summit Drive and Summit Drive, from 8th to Division . This project will also include storm sewer, water main replacement, and landscape restoration. Justification: Runyan Drive is in very poor condition, and the watermain is currently in the rear yards, making it difficult to maintain. This project was surveyed and listed for reconstruction in 2008 with the Valley Lane reconstruction project, however it had to be cut due to funding limitations. The water main on Summit Street is in very poor condition, during the reconstruction of Maple and Milne in 2013, there were multiple water main breaks, in a very close vicinity. Summit Street is also in poor condition and has several intersections that need storm infrastructure. Project Cost 2014 2015 2016 2017 2018 Total Land/R.O.W. $0 Engineering/Des. $20,000 $20,000 Construction $950,000 $950,000 Material $0 Project Mgmt. $0 Total $20,000 $950,000 $0 $0 $0 $970,000 Fund Source 2014 2015 2016 2017 2018 Total Water & Sewer $300,000 $300,000 Motor Fuel Tax $0 Capital Proj. Fund $20,000 $650,000 $670,000 Grant $0 Other $0 Total $20,000 $950,000 $0 $0 $0 $970,000 Location Photo Location Map City Council PW-1 Agenda Memorandum Item # To: Mayor & City Council From: Joe Findlay / Public Works Director / Scott Green Water Superintendent Subject: RPZ Program / Water Survey Date: April 30, 2015 BACKGROUND/HISTORY Our RPZ program needed to be updated to meet IEPA guidelines as a result of our last water inspection. IEPA also requires a water survey every 5 years. Two firms were interviewed included CCRA and BSI PROS/CONS/ALTERNATIVES (IF APPLICABLE) It is beneficial to The City to contract out the RPZ / Cross Connection Program as it is done at no cost to the City. The water survey at $2 per water customer payable over a two year period. The water department annual budget would handle this cost RECOMMENDATION Award CCRA the contract for the City’s RPZ/Cross Connection Program at no cost to the City. Award CCRA the contract for the water survey required by IEPA ATTACHMENTS (IF APPLICABLE) CCRA quote BSI quote SPECIFIC CITY COUNCIL ACTION REQUIRED Authorize CCRA to implement City’s RPZ/Cross Connection Program as well as Water Survey as required by the IEPA at our last water inspection. 15-039 RESOLUTION # A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR AND STAFF TO CONTRACT CCRA TO IMPLEMENT THE CITY’S RPZ/CROSS CONNECTION PROGRAM / WATER SURVEY WHEREAS, the City has determined it is the best interest to contract CCRA to implement RPZ program and conduct water survey NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The City Administrator and staff are authorized to award CCRA the contract for RPZ program and water survey SECTION TWO: Effective Date: This Resolution will become effective upon passage, approval and publication, in Book and Pamphlet form as provided by law. PASSED this day of , 2015. ALDERMEN VOTING AYE ALDERMEN VOTING NAY ALDERMEN ABSTAINING ALDERMEN ABSENT the MAYOR voting aye voting nay not voting _____PETRAKOS ______CAPADONA _____GILLOGLY _____SMITH ______DESKIN ______VANDERMEER ______PERRETTA ______BARTELSEN ______MAYOR ATTEST: Steve Streit, Mayor Alice Matteucci, City Clerk CROSS-CONNECTION CONTROL PROGRAM SCHEDULE OF COSTS AND PRICING DATED APRIL 20, 201 5 CITY OF LOCKPORT, ILLINOIS Municigalitv Recording Costs CCRA Paying Per Survey. Charges Particiuant (All uostage and nrinting costs is the · resnonsibilitV of the Water Purvevorl Electronic Residential/Commercial Survey $ 1.00 per water Water Purveyor (Managed by Water Purveyor) customer E lectronic Residential/Commercial Survey $2.00 per water Water Purveyor (Managed by CCRA) customer Municinalitv Test Recordini! Costs · Electronic Resident ial Device Certificat ion $15.00 each Water Customer Electronic Commercial Device Certification $ 15.00 each Water Customer Municipal Owned Device Registration No Charge - CCCDI Rei!isfration Cost(' Company w/One inspector $35.00 Inspector ·• ValVe Test Notifications I st Test Notificat ion Letter No Charge CCRA All other test noti ficat ion letters postage and printing costs is the responsibilit y of the - Water Purveyor Water Purveyor. BSI Online- backflow program https :/Imai l.lockport.org/owa/?ae=Item&t= IPM.Note&id= RgAAAAB ... BSI Online- backflow program Doug Eisenhauer [[email protected]] Sent: Monday,Apr il 20, 2015 2:33 PM To: Joe Findlay; Scott Green Cc: Brad Stancampiano [[email protected]] Attachments:BSI versus competition.docx (138 KB) ; Illinois BSI Online Cities.pdf (113 KB) Gent leman, first , I wanted to say thank you for your time today. I understand how busy you are and I great ly appreciate you taking the time to learn more about the backflow program that we invented, BSI Online. I would also like to reiterate our sincere, strong desire to work with both of you and your entire team in Lockport. Joe and Scott, you asked for a follow up to our meeting, regarding a bit more detail, inclusive of our pnces. BSI Online- subscription agreement. BSI would like to extend an offer to WAIVE our tradit ional $495 annual cost for the 1st year of the program. This provides you with the best backflow tracking program on the market at NO direct cost to the City. Filing fee: BSI charges the backflow testing contractors $12.95 per report submitted through our program. Because of our overwhelming presence in the southwestern suburbs (New Lenox, Joliet, Orland Park, Lemont and about 75 other communities in IL) it is highly likely that many backflow contractors are already passing this fee on to your water customers. Please also note that we have heard from many local contractors that although a competing system may offer a lower filing fee, it is too difficult for the contractors to differentiate and simply charge our traditional rate of $12. 95 across the board. Residential mail survey. BSI would like to extend our offer (similar to the one we provided to Orland Park, Palatine, Glenview, Oak Brook, etc.) of providing a web-based portal from our in-house IT team, as well as office staff time to compile a comprehensive report for residential properties. This will be done at NO COST to the City of Lockport. All we ask is that Lockport stamp and send the physical piece of mail. BSI will help by providing our templates and expertise in guiding the City through this process . Our overall goal would be to insure that Lockport remain compliant with the IEPA. Lastly, I have attached a list of the many communities we are currently working with. You will see, that our firm, is by far and away the most prevalent. This is simply due to our fantastic customer service, complete transparency into our program, real-time reporting features and all the other great options our program provides. In addition, I 've attached a handy, quick, reference guild to illustrate why our program is vastly superior to any other firms. To that point, I 'd also like to reiterate that in the last few weeks two communit ies have 'switched ' from one vendor to BSI Online. These communities sited items like superior customer service, lack of performance (over promise under deliver) and inability to view/see reports and customers with-in the program as that of competing firms is not done in real-time. Conversely, BSI Online is incredibly proud to have a 100% customer retention rate. I have also provided you a link with yet another community that stopped working with a competitor of ours due to non-performance of services. htt p:// northrniamifl.gov / News.aspx ?id= 102 Thank you again for all your time. I f you have any additional questions or need further explanat ion I 'd be more than happy to help any way I can. As I mentioned in the meeting, please keep the informat ion contained in t his email confidential. of 2 4/7 0/? 01 '\ 2:"17 P M BSI Online- backflow program https :IImai l .lockport.org/owa /?ae=Item&t= IPM.Note&id= RgAAAAB. . . Doug E isenhauer BSI Online Nat ional Marketing Director 800.414.4990 ww w. bsiprograms.com of 2 4120120 1 5 2:37 PM I83§Il --- - · BS / O n lin e Subm ittal 0The following is- a- ist- of- communities----- currently-- -utili-- zing- -the-- BSI-- Online-- -system-- for- -test- report-- -submi-- tta- l. --- In these communities, all backflow test reports must be submitted via BSI Online a t www.bsionlinetrack ing.com _ The applicable filing fee is listed for each town, and must be paid at the time of submi ttal Alsip $ 12.95 Hinsdale $ 12.95 Orland Park $12.95 Antioch $ 12.95 Huntley $ 9.95 Oswego $12.95 Aurora $ 14. 95 Itasca $ 14.95 Palatine $12.95 Bellwood $ 12.95 Joliet $ 17.95 Palos Heights $14.95 Bensenville $ 12.95 Justice/Willow Springs $ 14.95 Park Forest $12.95 Bethalto $ 9.95 Kenilworth $ 17.95 Phoenix $14.95 Brookfield $ 19. 95 Lansing $ 12.95 Prospect Heights $12.95 Burr Ridge $ 12.95 Lemont $ 12.95 River Forest $12.95 Carol Stream $ 12.95 Liberty Utilities $ 12.95 Riverdale $12.95 Country Club Hills $ 12.95 Lincolnwood $ 9.95 Round Lake Beach $12.95 Crestwood $ 12.95 Linde nhurst $ 12.95 Round Lake $12.95 Crete $ 12.95 Lisle $ 12.95 Schaumburg-Commercial $14. 95 Darien $ 12.95 Loves Park $ 12. 95 Schaumburg-Re side ntial $ 9.95 Deerfield $ 12.95 Markham $ 12.95 Schiller Park $15.00 Dixmoor $ 14.95 Marshall $ 12.95 Shore wood $12.95 Downers Grove s 12.95 Matteson $ 12.95 Silver Glen Estates $12.95 Ford Heights s 14.95 Meadowbrook $ 9.95 Skokie $12.95 Fox Lake $ 12.95 Melrose Park $ 22.95 South Elgin No Fee Franklin Park $ 12.95 Mill Creek $ 9.95 Summit $12.95 Galesburg No Fee Minooka $ 12.95 Villa Park No Fee Glendale Heights $ 14. 95 Monee $ 12. 95 Westmont $14.95 Glenview No Fee New Lenox $ 12.95 Wheeling $12.95 Glenwood $ 12.95 Norridge $ 17.95 Wilmette $12.95 Grayslake $ 12.95 North Aurora $ 9.95 Winfield $12.95 Gurne e $ 12.95 North Chicago $ 12.95 Wood Dale $12.95 Hartford $ 9.95 North Park Water $ 14.95 Wood River No Fee Harvey $ 14. 95 Northfield $ 12.95 Woodridge $15.00 Harwood Heights No Fee Oak Brook $ 12.95 Worth $12.95 Hazel Crest $ 14. 95 Oak Lawn $ 15.00 f' Phone 800-414-4990 I Fax 888-414-4990 I bsion [email protected] I PO Box 246 Wort h, IL 60482 For your convenience, we have put together a chart that highlights the differences between 851 Online and our competition. 851 can demonstrate each of these items so that you can be 100% confident in our claims. It is our recommendation to request to see these items first hand from our competit ion as well, since it is very easy to make claims to be able to do something, while it is quite a different matter to back those claims up. ;/I83§Il Feature c Our Competitor Provides emailed copy of test report to tester Yes No Provides emailed copy of test report to city Yes No Tracking of tester licenses and test kits within the system Yes No Ability to enter multiple test reports wit hout Yes having to re-log in No Ability for testers to access their past test reports Yes No Proactive color coding of expiration dates for Yes licenses and kits on an interactive dashboard No Verifies pass or fail for each test report Yes No All data is stored (and backed up multiple times a day) on multiple offsite, secure servers Yes No Ability to export reports and backups of your data Yes No Water Customer Interface . Ability for your customers to access their own accounts Yes No Unlimited municipal users and comprehensive City dashboard Yes No Real time, customized reporting features Yes No Im mediate City access to all test reports. All data is available in real time Yes No Im mediate email notification to city of customer non-com pliance Yes No Providing name / phone number of last tester to customer Yes No Ability for the City to create and generate letters with in our system. City can also access all past Yes letters sent to vour customers No L O C K P O R T PW-2 Mayor Alderman Steven Streit Pete Colarelli - 1st Ward Kris Capadona - 1st Ward City Clerk Brian Smith - 2nd Ward Alice Matteucci Kelly Turner - 2nd Ward Darren Deskin - 3rd Ward Administrator Jason VanderMeer - 3rd Ward Ben Benson Denise Marynowski - 4th Ward Robert Perretta - 4th Ward City of Historic Pride 222 E. Ninth Street ♦ Lockport, IL 60441-3497 A PROCLAMATION HONORING ARBOR DAY WHEREAS, trees provide environmental benefits, including reduced erosion, decreased heating & cooling costs, moderate the temperature, improve air quality, produce oxygen and provide habitat for wildlife; and WHEREAS, trees provide a renewable resource benefit by providing paper for our books, wood for our homes, and fire for our hearth; and WHEREAS, trees provide an economic benefit by increasing property value, enhancing the vitality of business areas, and beautifying our community; and WHEREAS, tree planting is one of the most important actions that individuals can do to provide a healthier environment for future generations. Trees, for this reason, form an important link between cultures and people across time; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, WHEREAS, the City of Lockport has recently initiated a tree inventory of all public trees to better manage for an expanding and healthy tree canopy, increased tree longevity and improved public safety; and WHEREAS, the City of Lockport continues to increase its urban tree canopy with the intent to guarantee these benefits to the current and future residents of Lockport; and WHEREAS, including families in community tree planting projects models the importance of trees to a healthy community. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE LOCKPORT CITY COUNCIL, WILL COUNTY, ILLINOIS, in open meeting assembled, that the entire community of Lockport is called upon to join together in celebrating Arbor Day, Saturday, May 16th, 2015 in the City of Lockport. We urge all citizens to support efforts to protect our trees and woodlands. Dated this 16th day of May in the year 2015 ______HON. STEVEN STREIT, MAYOR ATTEST: ______HON. ALICE MATTEUCCI, CITY CLERK