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Economic Development Packet 2012 09-04-12 CIT�- �` � United City of Yorkville R 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, September 4, 2012 7:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: New Business: 1. EDC 2012-43 Building Permit Report for August 2012 2. EDC 2012-44 Building Inspection Report Summary for August 2012 3. EDC 2012-45 Property Maintenance Report 4. EDC 2012-46 Kendall County Revolving Loan Fund Application 5. EDC 2012-47 Dairy Queen Incentive Agreement 6. EDC 2012-48 RFP for Sale of the Old Jail Old Business: 1. EDC 2012-33 Agreement with AACVB /Use of Tourism Dollars Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, September 4, 2012 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-43 Building Permit Report for August 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-44 Building Inspection Report Summary for August 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2012-45 Property Maintenance Report ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2012-46 Kendall County Revolving Loan Fund Application ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2012-47 Dairy Queen Incentive Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2012-48 RFP for Sale of the Old Jail ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-33 Agreement with AACVB /Use of Tourism Dollars ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Reviewed By: Agenda Item Number 4 ' �► Legal ❑ NB #1 Finance ❑ EST. -�` _ ti W36 Engineer ❑ �:--- g Tracking Number �! City Administrator ❑ Consultant ❑❑ EDC 2012-43 ALE Agenda Item Summary Memo Title: Building Permit Activity Report(August 2012) Meeting and Date: EDC— September 4, 2012 Synopsis: All permits issued August 1 —August 29, 2012 Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: C�Tro UNITED CITY OF YORKVILLE BUILDING PERMIT REPORT 9 Itf o AUGUST 1 THROUGH AUGUST 29, 2012 <LE TYPES OF PERMITS Number SFD B,U.1,L.D SFA Multi- Commercial Industrial Misc. Construction Permit of Single Familtt Single Fainilt= Single Family Family Includes all Permits Cost Fees Permits Detached Detached Attached Apartments Issued for Commercial Issued Program Begjns Use 11112012 Condominiums August 2012 74 1 0 0 0 11 0 62 757,874.00 13,523.91 Calendar Year 413 21 24 0 0 77 0 291 12,764,658.00 572,686.97 2012 Fiscal Year 2012 279 10 13 0 0 52 0 204 7,511,986.00 289,269.84 August 2011 49 2 0 0 11 0 36 792,370.00 23,227.84 Calendar Year 403 22 0 0 78 0 303 9,554,039.00 252,505.03 2011 Fiscal Year 2011 274 16 0 0 53 0 205 8,108,121.00 177,897.35 August 2010 69 3 0 0 10 0 56 1,902.443.00 30,265.78 Calendar Year 449 28 6 0 77 0 338 17,928,826.00 373,178.94 2010 Fiscal Year 2010 273 12 6 0 45 0 210 5,421,686.00 218.994.94 August 2009 56 4 0 0 11 0 41 2,195,806.00 50,169.06 Calendar Year 426 36 8 0 110 0 272 23,123,035.00 602,938.77 2009 Fiscal Year 2009 268 26 8 0 49 0 185 16,831,138.00 423,493.55 P:\Building Dept REPORTS\Building Pen-nit Reports\Building Pennit Reports 2012\Bldg Pen-nit Report AUG 2012 Partial.doc Prepared by: D Weinert `fit] CfTy Reviewed By: �� ' �► Legal ❑ Agenda Item Number Finance ❑ NB #2 EST. -�` _ ti 1836 Engineer ❑ �! City Administrator ❑ Tracking Number ! t3 Consultant ❑ ❑ EDC 2012-44 ALE Agenda Item Summary Memo Title: Building Inspection Report Summary(August 2012) Meeting and Date: EDC— September 4, 2012 Synopsis: All inspections performed in the month of August 2012. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PWK 015-EFL ENGINEERING - FINAL INSPE 20110463 372 BERTRAM DR 1036 08/22/2012 PR _ 016-PLF PLUMBING - FINAL 08/29/2012 PR 017-FIN FINAL INSPECTION 08/29/2012 PWK 017-EFL ENGINEERING - FINAL INSPE 20110470 2358 EMERALD LN 32 08/03/2012 Commentsl: BBOX OPERABLE $5000 SECURITY GUARANTEE F Comments2: OR TEMP PR 018-FIN FINAL INSPECTION 08/06/2012 PR 019-PLF PLUMBING - FINAL 08/06/2012 PWK 015-EFL ENGINEERING - FINAL INSPE 20110482 376 BERTRAM DR 1035 08/22/2012 PR 10:00 019-EPW ENGINEERING- PUBLIC WALK 20120024 182 BURNETT ST 1240 08/15/2012 PR 14:00 006-PLF PLUMBING - FINAL 20120035 624 BLUESTEM DR 90 08/21/2012 PR 14:00 007-FIN FINAL INSPECTION 08/21/2012 Commentsl: BASEMENT FINISH PR 002-FIN FINAL INSPECTION 20120064 171 CLAREMONT CT 23 08/09/2012 Commentsl: INGROUND POOL PR 001-FIN FINAL INSPECTION 20120067 171 CLAREMONT CT 23 08/09/2012 Commentsl: FENCE PWK 016-EFL ENGINEERING - FINAL INSPE 20120077 2557 EMERALD LN 128 08/22/2012 PR 017-FIN FINAL INSPECTION 08/29/2012 PR 018-PLF PLUMBING - FINAL 08/29/2012 PR 012-INS INSULATION 20120113 1145 GRACE DR 67 08/06/2012 PR 013-EPW ENGINEERING- PUBLIC WALK 08/09/2012 PR 014-PWK PRIVATE WALKS 08/09/2012 PWK 018-EFL ENGINEERING - FINAL INSPE 20120125 1562 CRIMSON LN 201 08/03/2012 Commentsl: BBOX OPERABLE $5000 SEC GUARANTEE PR 019-PLF PLUMBING - FINAL 08/02/2012 PR 020-FIN FINAL INSPECTION 08/02/2012 DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4AOOOO.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 015-EPW ENGINEERING- PUBLIC WALK 20120126 1092 CARLY DR 30 08/06/2012 PR 018-FIN FINAL INSPECTION 20120149 2451 EMERALD LN 116 08/16/2012 PR 019-PLF PLUMBING - FINAL 08/16/2012 PWK 020-EFL ENGINEERING - FINAL INSPE 08/17/2012 Commentsl: 5000 SECURITY GUARANTEE PR 017-FIN FINAL INSPECTION 20120150 1570 CRIMSON LN 101 08/16/2012 PR 018-PLF PLUMBING - FINAL 08/16/2012 PWK 019-EFL ENGINEERING - FINAL INSPE 08/17/2012 PR 017-FIN FINAL INSPECTION 20120151 1638 SIENNA DR 56 08/16/2012 PR 018-PLF PLUMBING - FINAL 08/16/2012 PWK 019-EFL ENGINEERING - FINAL INSPE 08/17/2012 PR AM 004-FIN FINAL INSPECTION 20120155 1282 MARKETPLACE DR 08/15/2012 PR AM 005-PLF PLUMBING - FINAL 08/15/2012 PR AM 006-FIN FINAL INSPECTION 08/21/2012 Commentsl: RE-INSPECTION PR AM 014-EPW ENGINEERING- PUBLIC WALK 20120165 1273 TAUS CIR 117 08/09/2012 PR 015-PWK PRIVATE WALKS 08/09/2001 PR 016-FIN FINAL INSPECTION 08/30/2012 PR 017-PLF PLUMBING - FINAL 08/30/2012 PWK 018-EFL ENGINEERING - FINAL INSPE 08/30/2012 PR 018-FIN FINAL INSPECTION 20120178 2551 EMERALD LN 127 08/17/2012 PR 019-PLF PLUMBING - FINAL 08/17/2012 PWK 020-EFL ENGINEERING - FINAL INSPE 08/21/2012 Commentsl: 5000 SECURITY GUARANTEE PR 005-PLU PLUMBING - UNDERSLAB 20120183 827 GREENFIELD TURN 51 08/01/2012 PR PM 006-BSM BASEMENT FLOOR 08/03/2012 I DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 007-PLR PLUMBING - ROUGH 08/20/2012 PR 008-RMC ROUGH MECHANICAL 08/20/2012 PR 009-REL ROUGH ELECTRICAL 08/20/2012 PR 010-RFR ROUGH FRAMING 08/20/2012 PR AM 011-INS INSULATION 08/23/2012 PWK 020-EFL ENGINEERING - FINAL INSPE 20120184 2441 EMERALD LN 114 08/22/2012 PR 021-FIN FINAL INSPECTION 08/23/2012 PR 022-PLF PLUMBING - FINAL 08/23/2012 PWK 017-EFL ENGINEERING - FINAL INSPE 20120185 1494 CRIMSON LN 901 08/22/2012 PR 018-PLF PLUMBING - FINAL 08/24/2012 PR 019-FIN FINAL INSPECTION 08/24/2012 PR 016-PWK PRIVATE WALKS 20120203 2352 EMERALD LN 33 08/15/2012 PR 017-EPW ENGINEERING- PUBLIC WALK 08/15/2012 PR 002-RFR ROUGH FRAMING 20120204 1981 MEADOWLARK LN 117 08/30/2012 PR 004-PLU PLUMBING - UNDERSLAB 20120205 1192 KATE DR 236 08/02/2012 PR PM 005-RFR ROUGH FRAMING 08/07/2012 PR 006-REL ROUGH ELECTRICAL 08/07/2012 PR 007-RMC ROUGH MECHANICAL 08/07/2012 PR 008-PLR PLUMBING - ROUGH 08/07/2012 PR 009-BSM BASEMENT FLOOR 08/08/2012 PR 010-INS INSULATION 08/09/2012 PR 09:00 011-GAR GARAGE FLOOR 08/24/2012 PR 09:00 012-STP STOOP 08/24/2012 PR 002-FIN FINAL INSPECTION 20120212 1430 ASPEN LN 120 08/21/2012 DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 11:00 001-FTG FOOTING 20120217 1282 CLEARWATER DR 250 08/02/2012 PR AM 002-BKF BACKFILL 08/15/2012 PR AM 003-ESW ENGINEERING - SEWER / WAT 08/20/2012 PR 004-PLU PLUMBING - UNDERSLAB 08/21/2012 PR 005-BSM BASEMENT FLOOR 08/23/2012 PR 006-GAR GARAGE FLOOR 08/29/2012 PR PM 007-STP STOOP 08/29/2012 PR 003-PLU PLUMBING - UNDERSLAB 20120218 1377 SPRING ST 254 08/01/2012 PR PM 004-BSM BASEMENT FLOOR 08/10/2012 PR 005-PLR PLUMBING - ROUGH 08/29/2012 PR 006-RFR ROUGH FRAMING 08/29/2012 PR 007-GAR GARAGE FLOOR 08/29/2012 PR 008-REL ROUGH ELECTRICAL 08/29/2012 PR 009-RMC ROUGH MECHANICAL 08/29/2012 PR 010-REI REINSPECTION 08/29/2012 Commentsl: ROUGH PLUMBING PR 002-RFR ROUGH FRAMING 20120228 118 COLONIAL PKWY 08/17/2012 PR 003-REL ROUGH ELECTRICAL 08/17/2012 PR 004-RMC ROUGH MECHANICAL 08/17/2012 PR 005-PLR PLUMBING - ROUGH 08/17/2012 PR AM 006-INS INSULATION 08/23/2012 PR 002-PLU PLUMBING - UNDERSLAB 20120238 101 W VAN EMMON ST 08/21/2012 PR 003-RFR ROUGH FRAMING 08/24/2012 PR 004-PPS PRE-POUR, SLAB ON GRADE 08/27/2012 PR 010-PLU PLUMBING - UNDERSLAB 20120244 1519 CRIMSON LN 1601 08/14/2012 DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 011-RFR ROUGH FRAMING 08/14/2012 PR 012-REL ROUGH ELECTRICAL 08/14/2012 PR 013-RMC ROUGH MECHANICAL 08/14/2012 PR 014-INS INSULATION 08/16/2012 PR AM 015-PWK PRIVATE WALKS 08/21/2012 PR 016-EPW ENGINEERING- PUBLIC WALK 08/21/2012 PR 12:00 PM 009-ESS ENGINEERING - STORM 20120245 1546 CRIMSON LN 401 08/02/2012 PR 011-RMC ROUGH MECHANICAL 08/06/2012 PR 012-RFR ROUGH FRAMING 08/06/2012 PR 013-REL ROUGH ELECTRICAL 08/06/2012 PR 015-PLR PLUMBING - ROUGH 08/06/2012 PR 016-INS INSULATION 08/08/2012 PR 017-EPW ENGINEERING- PUBLIC WALK 08/15/2012 PR 018-PWK PRIVATE WALKS 08/15/2012 PR 010-RFR ROUGH FRAMING 20120246 1535 CRIMSON LN 1801 08/09/2012 PR 011-REL ROUGH ELECTRICAL 08/09/2012 PR 012-RMC ROUGH MECHANICAL 08/09/2012 PR 013-PLR PLUMBING - ROUGH 08/09/2012 PR 014-INS INSULATION 08/13/2012 PR AM 015-EPW ENGINEERING- PUBLIC WALK 08/21/2012 PR 016-PWK PRIVATE WALKS 08/21/2012 PR 002-FIN FINAL INSPECTION 20120250 3767 BAILEY RD 08/15/2012 Commentsl: GARAGE HEADERS PR 004-REL ROUGH ELECTRICAL 20120257 507 W KENDALL DR STE 4 4 08/07/2012 Commentsl: ABOVE CEILING DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 15:00 005-FIN FINAL INSPECTION 08/16/2012 PR 15:00 006-PLF PLUMBING - FINAL 08/16/2012 PR 11:30 001-PLU PLUMBING - UNDERSLAB 20120263 967 ERICA LN 08/10/2012 PR __ 002-PLR PLUMBING - ROUGH 08/13/2012 PR 003-UGE UNDERGROUND ELECTRIC 08/15/2012 PR 004-RFR ROUGH FRAMING 08/15/2012 PR 005-REL ROUGH ELECTRICAL 08/15/2012 PR 001-PHF POST HOLE - FENCE 20120268 421 FAIRHAVEN DR 08/09/2012 PR 002-FIN FINAL INSPECTION 08/13/2012 Commentsl: FENCE PR AM 001-FIN FINAL INSPECTION 20120274 307 TIMBALIER ST 1012 08/03/2012 Commentsl: SHED PR PM 005-ESS ENGINEERING - STORM 20120275 2420 SAGE CT 3101 08/02/2012 PR 14:00 006-BSM BASEMENT FLOOR 08/02/2012 PR 007-PLU PLUMBING - UNDERSLAB 08/01/2012 PR 008-RFR ROUGH FRAMING 08/27/2012 PR 009-REL ROUGH ELECTRICAL 08/27/2012 PR 010-RMC ROUGH MECHANICAL 08/27/2012 PR 011-PLR PLUMBING - ROUGH 08/27/2012 PR 012-INS INSULATION 08/29/2012 PR 004-PLU PLUMBING - UNDERSLAB 20120276 1530 CRIMSON LN 601 08/01/2012 PR PM 005-ESS ENGINEERING - STORM 08/03/2012 PR 006-BSM BASEMENT FLOOR 08/02/2012 PR 007-GAR GARAGE FLOOR 08/02/2012 PR 008-STP STOOP 08/02/2012 DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 004-PLU PLUMBING - UNDERSLAB 20120277 1511 CRIMSON LN 1501 08/01/2012 PR PM 005-ESS ENGINEERING - STORM 08/02/2012 PR 006-BSM BASEMENT FLOOR 08/02/2012 PR 007-GAR GARAGE FLOOR 08/02/2012 PR 008-STP STOOP 08/02/2012 PR 008-RFR ROUGH FRAMING 20120278 4620 PLYMOUTH AVE 994 08/23/2012 PR 009-REL ROUGH ELECTRICAL 08/23/2012 PR 010-RMC ROUGH MECHANICAL 08/23/2012 PR 011-PLR PLUMBING - ROUGH 08/23/2012 i PR 012-INS INSULATION 08/27/2012 PR 001-FIN FINAL INSPECTION 20120285 405 E SOMONAUK ST 08/27/2012 Commentsl: ROOF PR 14:30 002-RFR ROUGH FRAMING 20120286 1102 CLEARWATER DR 30 08/01/2012 PR 003-INS INSULATION 08/01/2012 PR 002-REL ROUGH ELECTRICAL 20120288 1949 S BRIDGE ST F 08/08/2012 PR 003-RFR ROUGH FRAMING 08/08/2012 PR 004-RMC ROUGH MECHANICAL 08/08/2012 PR 005-PLR PLUMBING - ROUGH 08/08/2012 PR 006-INS INSULATION 08/10/2012 PR 14:00 001-FIN FINAL INSPECTION 20120289 2310 HOBBS LN 145 08/23/2012 PR 002-PPS PRE-POUR, SLAB ON GRADE 20120290 421 FAIRHAVEN DR 32 08/02/2012 PR 003-PLU PLUMBING - UNDERSLAB 08/10/2012 PR 001-PHF POST HOLE - FENCE 20120294 2558 EMERALD LN 3 08/10/2012 PR 15:00 001-PHF POST HOLE - FENCE 20120295 806 E SPRING ST 6 08/01/2012 PR 002-FIN FINAL INSPECTION 08/09/2012 Commentsl: FENCE DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-FIN FINAL INSPECTION 20120299 407 E SOMONAUK ST 8 08/27/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120300 809 E MAIN ST 40 08/27/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120303 413 E SOMONAUK ST 5 08/27/2012 Commentsl: ROOF PR 14:00 001-FIN FINAL INSPECTION 20120306 2651 N BRIDGE ST 7 08/15/2012 Commentsl: BUILD OUT PR AM 001-PLR PLUMBING - ROUGH 20120307 1252 MARKETPLACE DR 1 08/21/2002 Commentsl: STACK TEST PR 08:30 001-FIN FINAL INSPECTION 20120308 407 DOVER COURT NORTH 25 08/16/2012 Commentsl: ABOVE GROUND POOL PR 003-PLU PLUMBING - UNDERSLAB 20120309 2414 SAGE CT 3201 08/01/2012 PR PM 004-ESW ENGINEERING - SEWER / WAT 08/02/2012 PR PM 005-BKF BACKFILL 08/02/2012 PR 006-PLU PLUMBING - UNDERSLAB 08/10/2012 PR 10:00 007-BSM BASEMENT FLOOR 08/15/2012 PR 10:00 008-GAR GARAGE FLOOR 08/15/2012 PR 10:00 009-STP STOOP 08/15/2012 PR 001-FIN FINAL INSPECTION 20120310 408 E SOMONAUK ST 08/27/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120313 668 WHITE OAK WAY 34 08/06/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120318 1608 WALSH DR 22 08/03/2012 PR 001-PLU PLUMBING - UNDERSLAB 20120321 112 SCHOOLHOUSE RD 08/10/2012 PR AM 002-PPS PRE-POUR, SLAB ON GRADE 08/15/2012 PR 002-FIN FINAL INSPECTION 20120322 2911 ALDEN AVE 298 08/28/2012 Commentsl: FENCE PR 001-FIN FINAL INSPECTION 20120326 601 CENTER PKWY 08/27/2012 Commentsl: ROOF DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4AOOOO.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-FIN FINAL INSPECTION 20120327 503 MCHUGH RD 08/27/2012 Commentsl: ROOF PR 001-FTG FOOTING 20120329 2295 LAVENDER WAY 72 08/10/2012 PR 12:00 002-ESW ENGINEERING - SEWER / WAT 08/20/2012 PR AM 003-BKF BACKFILL 08/21/2012 PR 004-PLU PLUMBING - UNDERSLAB 08/24/2012 PR PM 005-BSM BASEMENT FLOOR 08/27/2012 PR 006-GAR GARAGE FLOOR 08/27/2012 PR 007-STP STOOP 08/27/2012 PR 09:00 001-FIN FINAL INSPECTION 20120334 508 REDBUD DR 28 08/08/2012 Commentsl: RPZ PR 001-FIN FINAL INSPECTION 20120339 306 MULHERN CT 08/01/2012 Commentsl: ROOF PR 001-FTG FOOTING 20120341 1527 CRIMSON LN 1701 08/10/2012 PR 12:00 002-ESW ENGINEERING - SEWER / WAT 08/20/2012 PR 003-BKF BACKFILL 08/21/2012 PR 004-PLU PLUMBING - UNDERSLAB 08/24/2012 PR PM 005-BSM BASEMENT FLOOR 08/27/2012 PR 006-STP STOOP 08/27/2012 PR 007-GAR GARAGE FLOOR 09/03/2012 PR 11:30 001-FIN FINAL INSPECTION 20120345 1391 CAROLYN CT 1 08/03/2012 PR 002-PLF PLUMBING - FINAL 08/03/2012 PR 001-FIN FINAL INSPECTION 20120346 1393 CAROLYN CT 1 08/03/2012 PR 002-PLF PLUMBING - FINAL 08/03/2012 PR 001-MIS MISCELLANEOUS 20120354 FOX HILL DRIVEWAYS 08/09/2012 Commentsl: 6 DRIVEWAY & APPROACH DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 002-MIS MISCELLANEOUS 08/10/2012 Commentsl: FINAL 12 DRIVEWAYS ON STONERIDGE & COTTO Comments2: NWOOD TRAIL PR 001-FIN FINAL INSPECTION 20120355 2776 CRANSTON CIR 105 08/14/2012 Commentsl: PAVERS/PATIO PR 001-FIN FINAL INSPECTION 20120356 1437 CHESTNUT LN 78 08/13/2012 Commentsl: ROOF PR __ 001-FIN FINAL INSPECTION 20120357 1214 EVERGREEN LN 151 08/06/2012 Commentsl: ROOF PR 10:30 001-PHF POST HOLE - FENCE 20120359 4478 SARASOTA AVE 1040 08/09/2012 PR 001-FIN FINAL INSPECTION 20120360 1320 WILLOW WAY 188 08/10/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120361 361 POPLAR DR 88 08/09/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120364 1217 WILLOW WAY 210 08/07/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120365 423 E SPRING ST 4 08/27/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120366 425 E SPRING ST 3 08/27/2012 Commentsl: ROOF PR 11:30 001-PHF POST HOLE - FENCE 20120368 948 HAYDEN DR 42 08/10/2012 PR 001-FIN FINAL INSPECTION 20120372 1009 S MAIN ST 08/13/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120374 1217 EVERGREEN LN 08/13/2012 Commentsl: ROOF BC 12:30 001-PHF POST HOLE - FENCE 20120375 1570 CRIMSON LN 1 08/24/2012 PR 001-FIN FINAL INSPECTION 20120376 1309 EVERGREEN LN 08/15/2012 Commentsl: ROOF PR PM 001-PPF PRE-POUR, COMMERCIAL FLOO 20120378 212-218 BRIDGE ST 08/14/2012 Commentsl: ELEVATOR PR 001-FIN FINAL INSPECTION 20120381 804 S MAIN ST 08/22/2012 Commentsl: ROOF DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 09:00 001-FTG FOOTING 20120382 339 BERTRAM DR 1125 08/13/2012 BC 08:30 001-PHF POST HOLE - FENCE 20120383 1817 COUNTRY HILLS DR 135 08/31/2012 PR 10:30 001-PHF POST HOLE - FENCE 20120385 182 BURNETT ST 1240 08/23/2012 PR 10:00 001-FIN FINAL INSPECTION 20120387 865 ERICA LN 08/28/2012 Commentsl: OCCUPANCY, FIRE MARSHAL TORRENCE CALLED Commentsl: WITH APPROVAL 8-28-12 PR 001-RFR ROUGH FRAMING 20120389 803 PRAIRIE CROSSING DR 179 08/20/2012 PR 002-REL ROUGH ELECTRICAL 08/20/2012 PR 003-RMC ROUGH MECHANICAL 08/20/2012 PR 004-INS INSULATION 08/21/2012 PR 001-FIN FINAL INSPECTION 20120390 1315 WILLOW WAY 221 08/24/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120392 208 SPRUCE CT' 08/22/2012 Commentsl: ROOF PR 001-PHD POST HOLE - DECK 20120397 115 N CONOVER CT 28 08/14/2012 PR AM 002-RFR ROUGH FRAMING 08/21/2012 PR 003-FIN FINAL INSPECTION 08/29/2012 Commentsl: DECK PR 001-FIN FINAL INSPECTION 20120401 1215 WILLOW WAY 209 08/22/2012 Commentsl: ROOF PR 13:30 001-INS INSULATION 20120403 226 BERTRAM DR 'G' 1634 08/24/2012 PR 11:00 001-FIN FINAL INSPECTION 20120405 217 S BRIDGE ST 08/16/2012 Commentsl: OCCUPANCY PR 08:30 001-PPS PRE-POUR, SLAB ON GRADE 20120414 2337 EMERALD LN 103 08/21/2012 PR 16:00 001-PPS PRE-POUR, SLAB ON GRADE 20120417 107 N CONOVER CT 08/21/2012 Commentsl: DRIVEWAY/PRIVATE WALK PR 002-EDA ENGINEERING - DRIVEWAY AP 08/23/2012 BC 12:00 001-PHF POST HOLE - FENCE 20120418 1562 CRIMSON LN 2 08/24/2012 DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-FIN FINAL INSPECTION 20120426 1313 EVERGREEN LN 08/31/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120433 647 WHITE OAK WAY 11 08/29/2012 Commentsl: ROOF PR 001-FIN FINAL INSPECTION 20120440 1004 ADRIAN ST 08/29/2012 Commentsl: ROOF DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PERMIT TYPE SUMMARY: ADD ADDITION 3 AGP ABOVE-GROUND POOL 1 BDO COMMERCIAL BUILD-OUT 10 BIP BUILD INCENTIVE PROGRAM SFD 90 BSM BASEMENT REMODEL 9 CCO COMMERCIAL OCCUPANCY PERMIT 2 CRM COMMERCIAL REMODEL 8 DCK DECK 3 DRV DRIVEWAY 4 ELV ELEVATOR 1 FNC FENCE 12 GAR GARAGE 1 IGP IN-GROUND POOL 4 MIS MISCELLANEOUS 4 PRG PERGOLA 1 PTO PATIO / PAVERS 3 RCO RESIDENTIAL OCCUPANCY PERMIT 4 REM REMODEL 1 REP REPAIR 6 ROF ROOFING 25 RPZ RPZ - BACKFLOW PREVENTION 1 SFD SINGLE-FAMILY DETACHED 50 SHD SHED/ACCESSORY BUILDING 1 INSPECTION SUMMARY: BKF BACKFILL 4 BSM BASEMENT FLOOR 10 EDA ENGINEERING - DRIVEWAY APRON 1 EFL ENGINEERING - FINAL INSPECTION 12 EPW ENGINEERING- PUBLIC WALK 8 ESS ENGINEERING - STORM 4 ESW ENGINEERING - SEWER / WATER 4 FIN FINAL INSPECTION 60 FTG FOOTING 4 GAR GARAGE FLOOR 8 INS INSULATION 13 MIS MISCELLANEOUS 2 PHD POST HOLE - DECK 1 PHF POST HOLE - FENCE 9 PLF PLUMBING - FINAL 16 PLR PLUMBING - ROUGH 11 PLU PLUMBING - UNDERSLAB 16 PPF PRE-POUR, COMMERCIAL FLOOR 1 PPS PRE-POUR, SLAB ON GRADE 5 PWK PRIVATE WALKS 6 REI REINSPECTION 1 REL ROUGH ELECTRICAL 13 RFR ROUGH FRAMING 16 DATE: 08/29/2012 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 13:07:10 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 08/01/2012 TO 08/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ RMC ROUGH MECHANICAL 11 STP STOOP 7 UGE UNDERGROUND ELECTRIC 1 INSPECTOR SUMMARY: BC BOB CREADEUR 3 PR PETER RATOS 229 PWK PUBLIC WORKS 12 STATUS SUMMARY: A PR 1 C PR 52 I BC 3 I PR 159 I PWK 4 T PR 17 T PWK 8 REPORT SUMMARY: 244 it I Reviewed By: Agenda Item Number 606 Legal ❑ NB #3 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development EDC 2012-45 Police ALE � Public Works ❑ Agenda Item Summary Memo Title: Property Maintenance Update Meeting and Date: EDC/September 4, 2012 Synopsis: Update of on-going property maintenance violations and citations for developments in Yorkville. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: None Council Action Requested: Informational Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memorandum. �0,° C'''� Memorandum EST. ,e36 To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director O z Pete Ratos, Building Code Official madr g Caumy ` . �� CC: Bart Olson, City Administrator CLE '►ti's` Date: August 29 , 2012 Subject: Property Maintenance Update Below is an update regarding property maintenance violations for Windett Ridge, Caledonia, Prestwick and Car Care Collision/Fountainview developments. Windett Ridge The hearing resulted in a $100 per day-- per lot fines x 37 days for the time the lots were in violation. The total judgment was for $532,800.00. All 144 lots were cited again on August 27, 2012 to be heard at an adjudication hearing scheduled on October 3, 2012. Caledonia On July 3, 2012, 48 lots were cited and heard at an administrative hearing on August 8, 2012. A fine of$100 was issued, as only one lot remained in violation at the time of adjudication. Prestwick Citations were issued on June 25, 2012 for 101 lots within this development. At the administrative hearing held on August 1, 2012, adjudication was continued until September 5, 2012. Car Care Collision/Fountainview An initial inspection for weeds was performed on May 21, 2012 and a notice of violation posted on May 29, 2012. An inspection for debris took place on June 15, 2012 and was posted June 22, 2012. Citations were issued and went to adjudication on August 1, 2012 resulting in a judgment in the City's favor totaling $1,000. The property has been re-inspected for compliance and continues to be in violation. The lots have since been cited again for non-compliance and scheduled for an upcoming adjudication hearing. Staff will be available at Tuesday night's meeting to answer any questions the Committee may have regarding these matters. `� 13 fry Reviewed By: �� �•s► Legal Agenda Item Number Finance NB #4 EST. -� _ 1838 Engineer ❑ City Administrator Human Resources ❑ Tracking Number ❑; Community Development j� ���� Police F-1 Public 2012-46 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendall County Revolving Loan Fund application Meeting and Date: Economic Development— September 4, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval to apply for loan Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 30, 2012 Subject: Kendall County Revolving Loan Fund Application LLE�% Summary Discussion of a City application to the Kendall County Revolving Loan Fund for purposes of relocating and replacing electric utilities near Cobblestone Bakery and Bistro. Background During the development of the Cobblestone Bakery and Bistro and surrounding properties, representatives of Imperial Investments had approached the City about the condition of several pieces of electrical equipment in the area. The various service lines and transformers appear to be several decades old, and in various states of disrepair. Besides the potential for service issues,the equipment does not match the aesthetics of the surrounding downtown area. Imperial Investments has asked the City to consider undergrounding this electrical equipment, or replacing it outright. These costs can be covered with TIF funds. However, the estimate for the work is $250,000 which is greater than the total amount in the downtown TIF fund reserves. Kendall County runs the revolving loan fund program, which issues low-interest loans to businesses and governmental entities for business and public works projects that help with job creation or retention. The City has used the revolving loan fund program in the past decade for a utility construction project. I have spoken with Jeff Wilkins, County Administrator, on the potential use of the fund for the City's project on the ComEd facilities. He has expressed that this could be an eligible project, and that the Kendall County Economic Development Committee would be available to review our proposal at an upcoming meeting. Recommendation Prior to that meeting, and prior to staff time being used to compile loan application materials, we are seeking direction from the Economic Development Committee to seek out a revolving loan from Kendall County for this project. Terms of the loan will still have to be negotiated with the County and brought back to City Council. � 7 c1�. t AM1 - !✓ t� t �, ter,`;� {�� • , - ' ,• � * � ate+ `,cS r�R!� +S' � i '�" ��, 'w*r - - •w or IC AlIbl- I/�Sl7i+l � •�� �1• !�` �' tip': � r,Y• �• ;.' `.� ",� �'" .'1" ti• X11;`, r• T •b• � r t r , . ' N " Ift -- 701 0 J , F •a s' 1 - lt� of it .¢ .-/ •�, ""+ter or, i e 1 ., �` � � �. . ti �� ���. , .� / � .� �'� ��• � � � �--._ ., ��. 1� 1�' f � J • � ;% I � �f � � ,� �. �. . / 1 � . ,� ,. I,Y , y��' • � � I �. ��• ) ,` 7 _,� �, ., :% , ,. ��} � � , , . �, : �s�, psi � ��R ,� -,;E- � �. � � �,., . 1 �� �� `_�sd � / i� �� � � w. i /,► �� a �. �#�� «�s� •� _' ' '. . � t° ,y � :�^ -.F_ ' � �. � . - :. .� ,�. �� ... -�� - � .,� �� ,; -,t.:_ .,. Y i .I . AL f e tic r y � r� `� 13 fry Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ NB #5 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development j� ���� Police F-1 Public 2012-47 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Dairy Queen economic incentive agreement Meeting and Date: Economic Development—September 4, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 30, 2012 Subject: Dairy Queen incentive agreement LJILL E�% Summary Consideration of an economic incentive agreement for Aniri LLC, for purposes of development of a Dairy Queen. Background Aniri LLC has been seeking a site in Yorkville for development of a Dairy Queen, for the past several months. A few months ago, they had selected a site in Kendall Marketplace and began due diligence and design on the site. Toward the end of site design, Aniri LLC determined that the structure of the Kendall Marketplace SSA and the receivership of the property did not permit them to develop. They then began to look for other sites in other municipalities. At that time, the Mayor, YEDC Director Dubajic and members of City staff reached out to Aniri LLC to encourage them to stay in Yorkville. During the site design for the Kendall Marketplace location, Aniri LLC incurred costs for building design, engineering design, site plan review and building plan review. One of the issues for Aniri LLC in developing a new site was the reoccurrence of those costs. When Aniri LLC found the lot near the Blackstone subdivision, it became apparent that they would be paying their consultants and the City for items that had already been completed at the Kendall Marketplace site. The proposal put forth by the City, which Aniri LLC has indicated would be acceptable, is an economic incentive agreement for eventual reimbursement of those double consultant and City fees. An economic incentive agreement is attached that would rebate % of I% of local sales taxes to Aniri LLC for the next ten years or to a maximum of $30,000, whichever comes first. The end result is the construction and operation of a Dairy Queen. Recommendation Staff recommends approval of the economic incentive agreement. ECONOMIC INCENTIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND ANIRI LLC (Dairy Queen Grill and Chill) THIS ECONOMIC INCENTIVE AGREEMENT dated as of the day of , 2012, is by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Aniri LLC, an Illinois Limited Liability Company(hereafter the "Developer"). WITNESSETH: WHEREAS, the City is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the Developer has approached the City to propose that it acquire property located at 704 East Veterans Parkway (the "Subject Property") and construct a new commercial fast service restaurant with approximately 2,187 square feet to be operated as the Dairy Queen Grill and Chill (the "Project") on the condition that the City provides certain incentives an inducement to proceed with this major undertaking; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., (the "Code") as from time to time amended, and more specifically, Sec. 8-11-20 (the "Act"), the Corporate Authorities are empowered to enter into economic incentive agreements or redevelopment agreements relating to the development of property or improvements to properties within the City's corporate limits by which the City agrees to share or rebate a portion of any retailer's occupation taxes received by the City pursuant to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et seq.) ("1% Sales Tax") as a direct result of such development or redevelopment; and, 1 WHEREAS, before entering into an agreement to share or rebate sales taxes pursuant to the Act, the City must find that the Subject Property, if vacant, has remained vacant for over one year, that as a direct result of an agreement to rebate or abate sales taxes: the City will benefit through the retention or creation of jobs; experience a strengthening of the commercial environment within the City; provide for an enhancement of its tax base; and, serve as a catalyst for the commercial development of adjacent areas; and, WHEREAS, the City is prepared to make the findings as outlined above and such other findings as required by the Act and provide such incentives all as hereinafter set forth in order to induce the Developer to acquire the Subject Property and to proceed with the construction and operation of the Project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Economic Incentive Agreement and are hereby incorporated into and made a part hereof as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. Findings of the City pursuant to the Code. As authorized by the Act, the City hereby makes the following findings thereby authorizing the City to rebate a portion of the 1% Sales Tax as collected by the City under the Illinois Revenue Code in the amount and pursuant to the procedures, as set forth in Section 4 hereof: A. the Subject Property is currently vacant and has been vacant for over one (1) year; 2 B. the addition of a new business operation shall bring new employment opportunities to the City; C. that the development of property with a commercial structure, shall act as a catalyst development to adjacent vacant properties and strengthen the commercial sector of the municipality; D. that the Project shall enhance to tax base of the municipality; E. that after weeks of negotiation, it is evident that without the incentives as hereinafter set forth, the development of the Subject Property would not be possible; and, F. the Developer's ability to provide no less than ten percent (10%) of the equity required to undertake this acquisition of the Subject Property and the construction of the Project demonstrates the Developer's creditworthiness and financial strength. Section 3. The Developer's Obligations to the City. A. On or before December 31, 2012, the Developer shall have acquired fee simple title to the Subject Property. B. On or before December 31, 2012, the Developer shall have completed construction and have begun the operation of the Project and have certified to the City that it shall have employed approximately thirty-eight (38) full-time employees and thirty-five (35) part-time employees at said location. C. The Developer covenants and agrees that throughout the term of this Economic Incentive Agreement, the Developer shall: (i) continue to operate as a fast service restaurant and maintain its building and operation at the Subject Property in accordance with all applicable ordinances of the City and laws of this State; (ii) use its best efforts to continue to employ approximately thirty-eight (38) full-time and thirty-five (35)part-time employees at the restaurant; and, 3 (iii) remit all taxes (real estate, 1% sales taxes and any other lawfully assessed tax)when and in the amount due and owing. Section 4. Obligations on the Part of the City to The Developer. A. The City covenants and agrees after the commencement of the Developer's operations at the Subject Property (the "Commencement Date"), the City shall rebate to the Developer every three months following the Commencement Date (the "Quarterly Rebate"), fifty percent (50%) of the revenue distributed to the City from the 1% Sales Tax imposed pursuant to the Illinois Revenue Code from the Developer's retail operation at the Subject Property until the first to occur: (i) payment to the Developer an amount equal to $30,470.40 (representing costs for professional services such as engineering and plan review); or, (ii) the tenth (10th) anniversary of the date of this Agreement as hereinabove set forth. Section 5. Term of this Economic Incentive Agreement. This Economic Incentive Agreement shall commence upon its execution and, unless terminated earlier, pursuant to Section 12 hereof, shall terminate upon the earlier of(i) payment to the Developer of the Quarterly Rebate of the 1% Sales Tax in the amount of$30,740.00; or (ii)the tenth(10th) anniversary of the date hereof. Section 6 Mutual Agreements. (A) In order to calculate the amount of the each Quarterly Rebate of the 1% Sales Tax as hereinabove required to be paid to the Developer by the City, the Developer agrees to provide the City access to all data regarding sales and deposits of sales taxes with the Illinois Department of Revenue for all retail businesses operating at the Subject Property during the term of this Economic Incentive Agreement. The City and the Developer shall jointly exercise reasonable 4 efforts to establish a system with the Illinois Department of Revenue to arrange for the receipt of such information. Additionally, the Developer shall provide or cause to be provided to the City appropriate completed Illinois Department of Revenue sales tax returns, letters of authorization to release sales tax information, returns or powers of attorney to obtain the data reported thereon, from each business operating at the Subject Property. Failure to deliver or cause to be delivered, the necessary documentation to permit the City to access this information shall result in a waiver of the City's obligation to make any rebate to the Developer until such documentation is provided to the City. (B) Time is of the essence of this Economic Incentive Agreement; provided, however, a party shall not be deemed in material breach of this Economic Incentive Agreement with respect to any obligations arising from this Economic Incentive Agreement on such party's part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, civil disorder, severe weather conditions, wet soil conditions, failure or interruptions of power, riots, insurrections, acts of terrorism, war, fuel shortages, accidents casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events occurs or either party claims that such an event occurred, the party to whom such claim is made shall investigate and consult with the party making such claim, and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. 5 Section 7. The Developer Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs, and expenses (including any liabilities,judgments, costs and expenses and reasonable attorney's fees) which may arise directly or indirectly from the failure of the Developer, or any contractor, subcontractor, agent, or employee thereof (so long as such contractor, subcontractor, agent, or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer, or materialman, from any default or breach of the terms of this Economic Incentive Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor, agent, or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend, and pay all charges of attorneys, costs, and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials, or employees in any such action, the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees, or contractors. Section 8. Waiver. Any party to this Economic Incentive Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Economic Incentive Agreement. 6 Section 9. Severability. If any section, subsection, term, or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term, or provision of this Economic Incentive Agreement, or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 10. Notices. All notices, demands, requests, consents, approvals, or other instruments required or permitted by this Economic Incentive Agreement shall be in writing and shall be executed by the party, or an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: Aniri LLC 704 East Veteran's Parkway Yorkville, Illinois 60560 Attn: Avani Patel With a copy to : To the City: Bart Olson, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 7 With a copy to: Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Boulevard, Suite 935 Chicago, Illinois 60604 Section 11. Remedies—Liability. (A) If, in the City's judgment, the Developer is in material default of this Economic Incentive Agreement, the City shall provide the Developer with a written statement indicating any failure on the Developer's part to fulfill its obligations under this Economic Incentive Agreement. The City may not exercise any remedies against the Developer in connection with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Economic Incentive Agreement. A default not cured as provided above shall constitute a breach of this Economic Incentive Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (B) If the Developer materially fails to fulfill its obligations under this Economic Incentive Agreement after notice is given by the City and any cure periods described in paragraph (A) above have expired, the City may elect to terminate this Economic Incentive Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Economic Incentive Agreement. 8 (C) If prior to completion of the Developer's obligations pursuant to Section 3 hereof, any voluntary or involuntary petition or similar pleading under any section of any bankruptcy or insolvency act shall be filed by or against the Developer; or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts; or the Developer makes an assignment for the benefit of its creditors; or a trustee or receiver is appointed for the Developer or for the major part of the Developer's property; the City may elect, but is not required to, terminate this Economic Incentive Agreement with or without notice, to the extent permitted by law and enforceable under applicable federal bankruptcy laws. In order to terminate this Economic Incentive Agreement for any reason described in this sub-section (c), the City's sole obligation shall be to record a Certificate of Default with the Kendall County Recorder's Office, executed by the Mayor and the Mayor's designee, stating that this Economic Incentive Agreement is terminated pursuant to the provisions of this Section 11(c), in which event this Economic Incentive Agreement shall ipso facto automatically become null and void and of no further force and effect. (D) If, in the Developer's judgment, the City is in material default of this Economic Incentive Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Economic Incentive Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty(30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to 9 constitute a breach of this Economic Incentive Agreement. A default not cured as provided above shall constitute a breach of this Economic Incentive Agreement. Any failure or delay by the Developer in asserting any of its rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (E) In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct, or remedy any default, or to obtain any other remedy consistent with the purpose of this Economic Incentive Agreement, either at law or in equity, including, but not limited to, the equitable remedy of an action for specific performance; provided, however, no recourse for any claim under or upon any obligation contained in this Economic Incentive Agreement shall be had against the City, its officers, agents, attorneys, representatives, or employees, in any amount or in excess of any specific sum agreed to be paid by the City pursuant to this Economic Incentive Agreement; and no liability, right, or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives, or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder, and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Economic Incentive Agreement by the City. (F) The rights and remedies of the parties are cumulative and the exercise by a party of one or more such rights or remedies shall not preclude the exercise, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. 10 Section 12. Amendment. This Economic Incentive Agreement, and any exhibits attached to this Economic Incentive Agreement, may be amended only in a writing signed by all parties with the adoption of any ordinance or resolution of the City approving the amendment, as provided by law, and by execution of the amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, negotiations, and discussions relative to the Project. Section 13. Assignment. This Economic Incentive Agreement may not be assigned without the written consent of the City, which consent may not be unreasonably withheld. Section 14. Counterparts. This Economic Incentive Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Aniri LLC, an Illinois Limited Liability Company By: Its President Attest: Secretary 12 Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ NB #6 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development j� ���� Police F-1 Public 2012-48 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: REP for sale of the Old Jail Meeting and Date: Economic Development—September 4, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval to go to RFP Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: August 29, 2012 C<wrMY Sad �LE ��'` Subject: Resolution for the sale of public property Summary Consideration of a request for bids on the City's Old Jail, located at 111 W Madison Street. Background The City purchased the Old Jail from the County in 2010 for$160,000, utilizing a combination of IDOT funds for parking lot relocation($96,000) and DCEO funds for museum setup ($64,000). The DCEO tourism grant application and grant agreement is attached. The Old Jail parking lot, to be paid for from IDOT funds, will be constructed in the empty lot to the north of the jail building. The IDOT funds used to acquire the building and lot will be utilized for their intended purposes, and will not need to be returned should the City sell the jail building. The DCEO tourism grant funds for museum setup ($64,000) will probably have to be returned if the City chooses to sell the building. While the grant application and grant agreement makes references to the living history museum, the grant agreement clearly states the dollars were to be used for land acquisition only. Similar to the RFP for the Old Post Office, a few parties have inquired about the availability of the Old Jail property. As a non-home rule municipality, we can sell public property in only one of two ways. The first method involves hiring a real estate agency, public auctioneer, or directing staff to sell the property,but not at a price less than 80% of an appraised value. This method ends up costing the municipality in real estate agency fees or auction fees, and requires the municipality to spend money getting an appraisal. Further, this first method does not allow the municipality to sell property at less than 80% of its appraised price—even though there may be good reasons for doing so (such as stimulating downtown development). The second method to sell property involves an RFP process. The municipality firsts passes a resolution directing staff to solicit bids (contemplated in this agenda item), to publish notices soliciting bids, and to set a date where the proposals are opened by the City Council and reviewed. After the opening, the City Council may select any proposal they see as beneficial, and approve it with a 3/4 majority. This sale method offers the City more flexibility in the final proposal by being able to trade a lower purchase price for development commitments (i.e. maybe we would consider selling it for cheaper, if the property were significantly renovated). It also gives the City an auction-type process,perhaps encouraging more developers to come forward with better bids. Finally, the RFP process still allows the City to reject all bids should they decide not to sell the property. For these reasons, staff recommends the RFP process as the preferred method to sell public property, if the City Council chooses to explore the sale of the Old Jail. Recommendation Staff is seeking direction from the City Council on initiating a request for bids through the RFP process by resolution. Project Number: (For office use only) TOURISM ATTRACTION DEVELOPMENT GRANT PROGRAM APPLICATION COVER PAGE 1. Applicant Organization: United City of Yorkville Authorized Official: Valerie Burd Title: Mayor of Yorkville Address: 800 Game Farm Road City: Yorkville 9-Digit Zip Code: 60560 - 1133 (Required) County: Kendall (Location of Attraction) Daytime Telephone: 630/553-4350 Fax Number: 630/553-7575 2. Applicant's F.E.I.N.#: 36-6006169 3. Applicant Organization Status: Not-For-Profit _For-Profit X IL Municipality 4. Project Contact Person: Bart Olson, City Administrator Telephone: 630/553-8537 Email Address: bolsonAyorkville.il.us 5. Project Title: Old Jail Museum 6. IL House Dist.#(s): 50 t" IL Senate Dist.#(s): 25t" U.S. Congressional Dist.#(s): 14"' 7. Anticipated project initiation and completion dates: From: April 2010 To: September 2011 8. Total Cost of Project: $360,000.00 Grant Request: $64,000.00 (As Reflected on Itemized Budget) 9. Anticipated employment positions created by project: Full Time 1 Part Time 3 To the best of my knowledge and belief, information in this application is true and correct, and the governing body of the Applicant Organization has duly authorized this document. '40 �/o k -IC)16 ��9 Signature of Authorized Official J Title Date IMPORTANT NOTICE This state agency is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under 20 ILCS 605/605-1 et.seq.Disclosure of this information is REQUIRED.Failure to provide any information will result in this form not being processed.This form has been approved by the State Forms Management Center.IL-420-0143 (rev.2/02) 1. PROJECT DESCRIPTION: The United City of Yorkville intends to develop the site of the old Kendall County Jail into a museum that will demonstrate the use of the jail through living-history re-enactments, exhibits which would include factual stories of people and incidents which occurred at the jail as well as Indian artifacts from the Old Barn Museum in Millbrook. It is our goal to preserve a highly visible historic structure while creating a destination for visitors who come to Yorkville's downtown. The jail, located in downtown Yorkville at 111 W. Madison St., is currently owned by Kendall County. It was built in 1893 by the Pauley Jail Building and Manufacturing Co. of St. Louis, MO, which is still in existence and has provided blueprints. The jail, which consists of a sheriffs residence with attached jail, was used continuously by the County until 1992. A sally port and vestibule added after 1962 have previously kept the building from being on the National Register of Historic Places,but in 2003 the building was recognized as one the State's 10 most endangered historic buildings in the State of Illinois. Since 1992 the building has sat vacant atop Court House Hill in Yorkville. It is directly across the street from the recently restored Kendall County Court House (National Register #98001354). This jail is a critical component of the Court House neighborhood. The red brick building is structurally sound with the foundation, lintels and coping built with"the best quality Joliet stone." An environmental study performed at the request of IDOT indicated that asbestos and other debris would need to be removed, but no other structural or environmental issues were discovered. The Kendall County Board informally agreed earlier in 2009 to sell the old jail property to the United City of Yorkville. An appraisal of the property came in at $160,000 and the County Board Chairman, Ann Vickery, has agreed to accept this amount if a funding mechanism is worked out by a deadline of December 15"', 2009. Funds in the amount of$96,000 are to be provided by IDOT as compensation for 20 parking spaces that are required for the Illinois Route 47 widening project through Yorkville's downtown area. IDOT has agreed in writing to provide financial assistance towards the purchase price of the old jail and construction of a parking lot in exchange for forfeiting these parking spaces. The strategy is to renovate the building at no cost to the City. A group of local residents, developers, etc., spearheaded by Harold Oliver of HRM Development has stepped forward and volunteered to implement this strategy. They intend to remove the addition and restore the building to its original condition. An outdoor patio area, a small gift shop,restaurant and a large parking lot will also be added. Parking for buses and visitors will boost the pedestrian traffic in the City's downtown area. With these added amenities, the museum is targeting school-aged children for tours, "jail-goers" and the cultural/historic travelers alike. The City of Yorkville, located on the edge of the Chicago Metropolitan area, attracts visitors from northern Illinois. For the weekend travelers, supporting visitor services can be found locally at one of hotels in Yorkville including the Super 8 Hotel and the new Hampton Inn under construction (scheduled to open early 2010) or at the Best Western Timber Creek Inn & Suites and Convention Center located in nearby Sandwich, IL. 2. ATTRACTION DEFINITION: The Old Jail Museum is considered to be a"Tourism Attraction" according to the definition in this grant application. This historic building with added amenities will be open to the public all year by appointment and open four days a week without an appointment throughout the year. The museum will attract visitors from the Chicago Metropolitan area. Neighboring cities of Plano and Sandwich have partnered together with Yorkville and are part of the Tri-City Tourism Initiative whose goal is to promote economic smart growth between the three cities. The Aurora Area Convention and Visitor's Bureau will market and promote the museum to attract visitors from more the entire Chicago Metropolitan area and throughout northern Illinois. The old jail museum will house artifacts from the Old Barn Museum as well. These artifacts are of Smithsonian quality found right in Yorkville's Fox River valley and surrounding areas. This proposed facility will provide another venue for displaying these important historic items, while allowing Yorkville to celebrate the historical significance of the beautiful jail building with its embedded history and folklore. This new museum will increase tourism to our City, provide educational opportunities for teachers and school children, and improve the economic viability of our downtown area. 3. BUDGET CATEGORY BREAKDOWN: VENDOR DESCRIPTION OF GRANT MATCH TOTAL SERVICES IDOT Purchase of building and lot $0 $96,000 $96,000 Kendall County Purchase of building and lot $64,000 $0 $64,000 Community Donated labor, equipment, $0 $200,000 $0 Residents/HRM supplies and materials (estimate) Development $64,000 $296,000 $360,000 4. MARKETING ATTRACTION: The Old Jail Museum will be marketed and promoted by the Aurora Area Convention and Visitor's Bureau through their marketing initiatives plan (see attached). The Bureau's campaign targets bus groups and "jail goers"who will travel to Yorkville to experience the Old Jail Museum together with the Old Barn Museum and the Farnsworth House as part of a local history weekend package. Volunteer docents will provide a living history of the Old Jail. This will be a place where people can come to experience history. They can get a taste of the prison food that was prepared by the sheriffs wife and served to inmates. Exhibits from the Old Barn Museum located in the jail will provide a cultural experience to local residents and visitors as well. This building is one of only 3 surviving structures in Yorkville included in the interim 1974 "Inventory of Historic Landmarks in Kendall County"by the Illinois Historic Landmark Survey. The building, with is quality materials and craftsmanship is a testament to construction standards of the past and an illustration of simpler time. It tells a story of who we are. The upper level of the Old Jail Museum will have a restaurant and retail including a gift shop selling Native American Jewelry made with Turquoise by Navajo and Zuni Native American Silversmiths. There will be an outdoor patio for groups to gather and eat lunch. The additional parking will increase foot traffic in the downtown Yorkville area and support downtown redevelopment. The Aurora Area Convention and Visitor's Bureau will promote this attraction to visitors outside a 50-mile area by distributing tri-fold brochures for the Old Jail Museum on a rotating basis to the Tollway Oases in Belvidere, Des Plaines, Hinsdale, O'Hare and DeKalb. A website created for the Old Jail Museum linked to the Aurora Area Convention and Visitor's Bureau website will acknowledge the Illinois Department of Commerce and Economic Opportunity, Bureau of Tourism as a sponsor of the project. It will acknowledge the coordinated efforts of the Department to work together with the City of Yorkville, IDOT, Kendall County and in-kind support from community members to improve Illinois tourism. 5. INCREASE VISITATION: Visitation and length of stay will be increased through"Local History Weekends"with overnight stays at the new Hampton Inn in Yorkville and Timber Creek Hotel in Plano. Leisure packages with area hotels will increase expenditures from visitors outside a 50-mile area. The Aurora Area Convention and Visitor's Bureau will promote these getaways to bus groups through their website and flyers. Establishing a Court House hill historic district will attract tourists to both the Old Jail Museum and the Court House. A replica of the first log cabin which was built in Yorkville on Court House Hill in 1833 can possibly be recreated atop this hill as an added tourism attraction. This Old Jail Museum will function as a visitor's center for Kendall County where visitors will be able find information on tourism attractions throughout Yorkville and Kendall County including Silver Springs State Park, Hoover Outdoor Education Center, Lyon's Farm, the Farnsworth House and other nearby museums, forest preserves and bike trails. 6. TRACKING MEASURE: The success of this project will be tracked and measured using the State's Economic Impact Information for Kendall County. Travel statistics from the Northern Illinois Tourism Development Office are attached. Attendance records will be formulated through records of admission fees and used for benchmarking the number of visitors to the Old Barn Museum. 7. HOURS OF OPERATION: Funding for staff and operations will be provided for through daily admissions charges. Money collected from visitor donations and special events will also be directly applied towards these expenses. Costs can be reduced through volunteer staffing as well as through leasing the upper level to retail businesses and through collecting a percentage of the sales made at the gift shop. MAIN SEASON April 1 through October 31 Wednesday through Saturday: 10 a.m. to 4 p.m. Sunday: 1 p.m. to 4 p.m. WINTER SEASON November 1 through March 31 Saturday: 12 noon to 4 p.m. Closed Mondays, Tuesdays, and Holidays Tours available year round by appointment- please phone, write, or e-mail. ADMISSION Adults: $7.00 Seniors (60 & over): $6.00 AAA Members: $6.00 Age 6 - 12: $5.00 Age 5 &under: FREE Group rates available Ask about our discounted combination admission for the Old Jail Museum and The Old Barn Museum in Millbrook Additional information on the history of the Old Barn Museum is attached. More information on the Old Barn Museum can be found at the www.TheOldBamMuseum.or website and 8. RETURN ON INVESTMENT: Yorkville is a city rich in natural resources and history. The Old Jail Museum will be another attraction for family recreation along the Fox River. The major reconstruction of the Glen Palmer Dam on the Fox River in Yorkville is near completion which will bring a whitewater park and dam bypass Yorkville. The whitewater park will feature the equivalent of Class II or Class III rapids, and will be one of the only whitewater parks in the Midwest. The Old Jail is adjacent to Route 47, which brings vehicular traffic through Yorkville's downtown, and is located near other Illinois state routes interstates, providing easy access for travelers. Because the Old Jail will be appealing to historical travelers, the City and State will see a quicker return on investment than a normal tourist attraction. This is because the average traveler spends $94 per day, and statistics show that the historic or cultural traveler spends an average of$124 per day making them a higher value visitor. The restoration work on the building will be done free of charge through local community support. With the support of the Illinois Department of Commerce and Economic Opportunity Bureau of Tourism through the Tourism Attraction Development Grant Program to cover the cost of the purchase of the jail, there will be no debt in terms of a mortgage to pay back. This is a grass roots project that will sustain itself. The return on investment (ROI) for the State within three years can be determined through the State's Economic Impact Figures for Kendall County taking a look at the bed tax for hotel rooms as well as the food and beverage taxes collected within the County. 9. SUSTAINABLE ECONOMIC GROWTH POTENTIAL: This jail building is a fine example of a Victorian era architecture that appeals to the cultural and historic traveler. Weekend travel packages and bus groups tours that are marketed and promoted through the Aurora Area Convention and Visitor's Bureau will attract these high value visitors to the Yorkville downtown area. The recently constructed hotels in the area offering state of the art amenities will provide visitors and museum goers with lodging while increasing tourism and overnight stays within the State of Illinois. Yorkville has a new Hampton Inn near completion and a Super 8 Motel which has been in operation for many years. The City of Sandwich has the Timber Creek Inn & Suites and Convention Center with future plans to construct an indoor water park. Yorkville has its own outdoor water park, Raging Waves, which was rated the top "Illinois Summer Destination"by USA Today. This water park attracts visitors from throughout the Midwest. The Aurora visitor's bureau will be marketing leisure packages available for weekend stays at these local hotels and attractions to include Old Jail Museum tours. Other historic tour packages would include combined tours with the Old Barn Museum and the Farnsworth House—other historic landmarks within the State of Illinois. Travel to the Yorkville downtown area will only improve once the IDOT Route 47 widening project is completed in the next few years. The Mayor of Yorkville has also been working closely with the Village of Oswego to bring a Metra station to the Yorkville/Oswego border. Both of these projects will make travel to Yorkville an easy and convenient. 10. HISTORY OF TOURISM EFFORTS: The United City of Yorkville has been active within the organization of the Aurora Area Convention and Visitors Bureau since its inception in 1987. Yorkville and the Mayor are strongly dedicated to supporting the goals of the Bureau by aggressively promoting and marketing the downtown Yorkville area as a premier overnight destination. Yorkville's efforts have focused on establishing itself as a regional leader in recreational opportunities. The major reconstruction of the Glen Palmer Dam on the Fox River in Yorkville is near completion which will bring a whitewater park and dam bypass Yorkville. The whitewater park will feature the equivalent of Class II or Class III rapids, and will be one of the only whitewater parks in the Midwest. Yorkville has its own outdoor water park, Raging Waves, which was rated the top "Illinois Summer Destination" by USA Today attracting visitors from throughout the Midwest. The City of Yorkville is also working on the revitalization of Yorkville's downtown to make it a destination. The Fox River runs through the downtown area and efforts are focused on maximizing riverfront opportunities such as the Riverfront Park, Riverwalk, canoe chute, fishing and other recreational amenities. Yorkville has brought together several agencies to make the Old Jail Museum a reality. The City of Yorkville, IDOT, Kendall County and in-kind support from community members have all played a key role in preserving this building. With the financial assistance through this grant from the Illinois Department of Commerce and Economic Opportunity Bureau of Tourism, we will be able to uncover the potential of this historic landmark and spur economic development in the Yorkville downtown while attracting tourists to the State of Illinois. 11. PROJECT IMPLEMENTATION SCHEDULE: The Kendall County has previously declined offers from others interested in transforming the Old Jail property into a commercial enterprise. Ann Vickery, chairman of the Kendall County Board, earlier in 2009 agreed informally to sell the Old Jail to the United City of Yorkville. The City was given several months to work out a funding mechanism with a commitment deadline of December 15, 2009 rapidly approaching. The IDOT project for widening Illinois Route 47 to a five lane roadway eliminates 20 existing parking stalls in the downtown business district. Therefore IDOT has resolved to provide compensation by providing funding to build a parking lot on the parcel which is currently the Old Jail owned by Kendall County. A resolution has been signed by IDOT to move forward with this agreement for the purchase of this property. The appraisal of the 100' x 200" parcel came in at $160,000 and IDOT has agreed to provide $96,000 towards the purchase price of the Old Jail and construction of a parking lot at the north end of the property. This project is ready to move forward with financial help through a grant of$64,000 from the Illinois Department of Commerce and Economic Opportunity Bureau of Tourism. A community group spear-headed by Harold Oliver of HRM Development has offered to undertake complete renovation of the Old Jail with no cost to the City of Yorkville. Work will begin once the City has taken possession of the building. Once the addition is removed, the jail and sheriff s residence will be brought as close as possible to its original condition. Timeline TAP grant acceptance February 2010 IDOT agreement executed February 2010 Approval of City/County intergovernmental March 2010 agreement for purchase Receipt of grant and agreement funds March 2010 Closing on property March 2010 Volunteer work on clean up, stabilization, April 2010 and renovation of property begins Use/lease agreement negotiations and living April 2010 history program development begin Use/lease agreement and living history April 2011 program finalized Renovation completed September 2011 Open to public September 2011 12. LETTER OF SUPPORT: December 3, 2009 Tourism Attraction Development Grant Program Department of Commerce & Economic Opportunity Bureau of Tourism 620 E Adams St Springfield, IL 62701 To Whom It May Concern: The Old Barn Museum, a history museum in Kendall County, supports the City of Yorkville's efforts to help renovate the old Kendall County jail building and old in turning it into a local history museum site. The Old Barn Museum is willing to provide Native American Indian and early settler artifacts from its inventory to display at this site plus coordinate with other civic, educational, and historic groups to create a unique historic venue. Please visit The Old Barn Museum's website @ theoldbarnmuseum.org to view the museum's collection. The Old Barn Museum showcases approximately 4500 artifacts at its current historic barn site; it is a 501c3 organization that specializes in educating the public regarding Native American Indian and early settler history. Respectfully, Dr Judie Christensen President & Executive Director 71278 Oakbrook Rd ph:630.553.5997 Newark,IL 60541 cell:602.284.9998 www.theoldbarnmuseum.org email: theoldbommuseum@cox.net 13. LAND AND BUILDING INFORMATION: The jail is located at 111 W. Madison Street, Yorkville, IL. Kendall County is the current property owner. Kendall County has informally agreed to sell the property to the City of Yorkville for the appraised amount of$160,000. See copy of attached appraisal report from the Illinois Department of Transportation signed and dated October 1, 2009. 14. DESCRIPTION OF MACHINERY AND/OR EQUIPMENT: (not applicable) 15. INITIAL DOCUMENTATION REQUIRED FOR ILLINOIS HISTORIC PRESERVATION AGENCY REVIEW: DATE OF ORIGINAL CONSTRUCTION OF STRUCTURE: 1893 PIN: 02-32-287-001 LEGAL DESCRIPTION: LT 1, 2, 3 &4 BLK 28 ORIG VILL YORKVILLE The Kendall County Jail and Sheriff's Residence was built in 1893 by the Pauley Jail Building and Manufacturing Co. of St. Louis, Missouri. The sub-contractor was Sanders Brothers Manufacturing Company of Ottawa, Illinois. The cost of construction was $9,976.25 —a substantial sum when you consider that at the very same time, the County Board had an estimate of only$3,200 for a new bridge over Blackberry Creek on what is now Route 34. This building was used as the county jail continuously from 1893 until 1992 and as a home for the sheriff and his family until the 1980's. The jail is located at 111 W. Madison Street, Yorkville, IL. Kendall County is the current property owner. It consists of the original sheriff's residence with attached jail and subsequent additions of a sally port and vestibule which were added in 1962. Although the interior has been altered, much of the original woodwork and architectural detail appear to be intact. "The jail —the one story part of the building on the north—is divided by a wall running east and west, leaving a large room in the north end; in this room there are two steel cells and a corridor, which are locked with a key and also a combination lock. Each of these cells is large enough to accommodate four prisoners. The south part of the jail contains an office room for the sheriff, and back of this are two cells, one of them being also a bath room; there is an up-stairs to this department, where are two more cells and room for cots, should there be need for such." Kendall County Record, August 16, 1893 16. LETTER OF FINANCIAL COMMITMENT: n IM,I . properties & development December 4,2009 The Honorable Valerie Burd,Mayor United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Dear Mayor Burd: It is with great excitement and anticipation that I can communicate to Yorkville that the plans for the renovation of the old jail structure are moving toward completion. I feel that the restoration of this historic structure in our county seat is one more opportunity to bring our community together to enhance and protect our history and bring life and energy to such an important part of our past. This letter is to relate the progress to date and the plans for finishing the restoration. I am pleased to take the lead on bringing together a working,non-partisan committee of 7-10 members. This would include community and business leaders,interested citizens and public and private organizations. Local subcontractors and suppliers will also be asked to be part of this very exciting project. Through this spirit of cooperation and stewardship;we will be able to secure contributions for planning and engineering and construction work and building materials to complete the required renovations with a much reduced need for funding. This project should enhance and encourage educational opportunities;historic preservation and appreciation;tourism and visitor opportunities and other positive endeavors as it relates to Yorkville and Kendall County. Because of the philanthropic nature of this plan,we anticipate a reasonable time line to be between 1 year to 18 months in duration. We would also anticipate the costs of such a project to be between $150-$250K if actual funding was required for the project. Through my conversations with community leaders and residents,there is much excitement already. The project is clearly gaining a life of its own. I look forward to the work ahead and the result it will bring. Very truly yours, Harold R.Oliver HRM Properties&Development, LLC 1022 Douglas Road Oswego,IL 60543 Phone 630.554.4150 Fax 630.554.4151 WWW. hirmproper$les.Com 17. SITE MAP: • WV I N The Data is provided without warranty or any representation or a erans•pk M'Y_ _ _ e accuracy,timeliness,or completeness.It is the responsibility of the HltiCres 34 °E^Ve�tiia jryy 'Requester-to determine accuracy,timeliness,completeness,and ^„1 v • ref{kwyP Wes_”"�E appropriateness of Its use.The United City or Yorkville makes no wammies,expressed or implied,to the use or the Data. 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FLOODPLAIN MAP: The Data is provided without warranty or any representation of T' accuracy,timeliness,or completeness.It is the responsibility of the y "Requester"to determine accuracy,timeliness,completeness,and appropriateness of its use.The United City of Yorkville makes no C wamntfas,expressed or implied,to the use of Ibe Date. -Mafn•St G •Map produced by United City of Yorkville WS S �'y t c Y tx E'Mal"t = J f 47 d ulledlve tau le-A *"a- mmon3 a m V E-Van-Emmon•St 1f¢ edisorrS e m a o` y t 0 E W-RIdge-St m N a w 0 _I H Legend Floodplains c 'm Zone �A-1%fir>ni:ra�Ch�:Ste ci Ficatli�x.7vtr t?asa r6ar.�E4evu5ials AE•3Y A111 0%h3td{26Si6 'fi i Wa h`ng"°n s Flo-od Plain Map 4 dceolllinols Department of Commerce and Economic Opportunity Pat Quinn Warren Ribley 000)na Pirecior January 18,2010 Valerie Burd Mayor Yorkville City of 800 GAME FARM RD Yorkville,IL 60560-1133 Dear Hon.Burd, The Department of Commerce and Economic Opportunity(DCEO)would like to welcome you to our community of grantees, and congratulate you on your grant award(10-335013). You are now an active participant in the process of working toward the accomplishment of the economic development goals of the State of Illinois,DCEO,and your own organization. DCEO is the lead state agency responsible for improving Illinois' competitiveness in the global economy. Guided by an innovative regional approach, DCEO administers a wide range of economic and workforce development programs, services and initiatives designed to create and retain high quality jobs and build strong communities. DCEO leads the Illinois economic development process in partnership with businesses,local governments,workers and families This"Welcome Package" is mtended to provide you with critical information about and requirements of your grant award Your success in accomplishing the goals and objectives agreed to and stated in your grant agreement is our success in working toward DCEO's economic development mission for the State of Illinois. To assure your success and to provide accountability for the funds entrusted to DCEO, we will review your grant's progress toward the achievement of goals and will provide oversight of grant-related deliverables and expenditures. DCEO will make every effort to provide you with the information and assistance you need to reach your goals and to maintain compliance with your grant responsibilities It is our hope that you will contact us when you have questions or concerns about complying with the requirements or terms and conditions of the grant agreement To facilitate ongoing communication and to provide you with an electronic means to submit your reports, grantees with Internet access are encouraged to use email to submit your reports, documentation and other correspondence Additional general information is available at the DCEO Office of Accountability's website bq://www.ildceo.net/accountabili to assist you in the management and administration of your grant Grantees without Internet access will need to use other traditional means of communication with their assigned grant manager. Once again, we congratulate you on your grant award and look forward to working in partnership with you to achieve our economic development goals Sincerely, Warren Ribley Director Internet Address http Itwww commerce sate d us 620 East Adams Street James R Thompson Center 2309 West Main,Suite 118 Springfield,Illinois 62701-1615 100 West Randolph Street.Suite 3-400 Marion,Illinois 62959-1180 Chicago,Illinois 60601-3219 2171782-7500 3121814.7179 6181997-4394 TDD 8001785.6055 TDD 800 1785-6055 TDD 6001785-WSS Printed on Rerycled and Mgclable Paper Grant Number 10-335013 January 18,2010 For Grant Questions,Contact the Grant Manager Name Greg Mihahch Program TOURISM ATTRACTION GRANTS DCEO Bureau Tourism Email Greg.Mihahch @illinois.gov Phone 217-785-6337 Fax (217)-785-6336 Address 620 E Adams St Springfield,IL 62701 For Audit Questions,Contact the Audit Unit Name Ron Hazelwood Email externalauditunit@illinois gov Phone (217)524-4845 Fax (217)558-6971 Address 620 E Adams St Springfield,IL 62701 For Financial Closeout Questions,Contact the Program Accountant Name Craig Ewing Email Craig.Ewing @illinois.gov Phone 217-785-6435 Fax (217)524-8680 Address 620 E Adams St Springfield,IL 62701 2 Grant Number 10-335013 January 18,2010 Program Name: TOURISM ATTRACTION GRANTS DCEO Bureau: Tourism Grant Begin Date: 04/01/2010 Grant End Date: 12/31/2010 External Audit Reports may be required. Refer to Section 3.1 of your Grant Agreement to determine whether you are required to submit an External Audit Report and the applicable due date. Additional Instructions: i i July 2010 • Quarterly Financial Status Report(07/15/2010)-Covering Period of 04/01/2010-06/30/2010,Send To: Grant Manager • Supporting Documents. Copies of original vendor invoices showing the actual matching and grant costs incurred, the check number and date of check corresponding to the invoices shall be submitted to the Department with each quarterly report • Quarterly Project Status Report(07/15/2010)-Covering Period of 04/01/2010-06/30/2010;Send To. Grant Manager October 2010 • Quarterly Financial Status Report(10/15/2010)-Covering Period of 07/01/2010-09/30/2010;Send To Grant Manager • Supporting Documents: Copies of original vendor invoices showing the actual matching and grant costs incurred, the check number and date of check corresponding to the invoices shall be submitted to the Department with each quarterly report. • Quarterly Project Status Report(10/15/2010)-Covering Period of 07/01/2010-09/30/2010;Send To: Grant Manager January 2011 • Quarterly Financial Status Report(01115/2011)-Covering Period of 10/01/2010- 12/3112010;Send To- Grant Manager • Supporting Documents- Copies of original vendor invoices showing the actual matching and grant costs incurred, the check number and date of check corresponding to the invoices shall be submitted to the Department with each quarterly report. • Quarterly Project Status Report(01/15/2011)-Covering Period of 10/01/2010- 12/31/2010;Send To Grant Manager February 2011 • End of grant Final Financial Status Report(02/14/2011)-Covering Period of 04/01/2010- 12/31/2010;Send To: Grant Manager • Supporting Documents. Final cumulative report of entire Grant cycle reflecting all expenditures and/or any unexpended funds. • End of grant Final Project Status Report(02/14/2011)-Covering Period of 04/01/2010- 12/31/2010,Send To. Grant Manager • Supporting Documents- Final detail of work completed during the grant cycle.Any documentation supporting compliance(e.g.,Photo's,reports,etc.). 3 Grant Number 10-335013 January 18,2010 The Office of Accountability website is located at http//www ildceo net/accountability. Additional Internet Resources Helpful on-line links and references to other DCEO websites,Federal Regulations, State of Illinois links,and resources for grants management Grant Glossary of Terms and Acronyms Definitions of terms used throughout the grant cycle,as well as the explanation of commonly-used acronyms. Grants Monitoring Overview Explanations of the various types of Monitoring and Reporting,including what you can expect and what types of activities may be involved. Legal Issues Legal information with which all grantees must be familiar.Refer to the Accountability Office site to learn more about the Grant Funds Recovery Act,Conflict of Interest,and other important legal issues Reporting Requirements Grantees are required to submit reports to DCEO as outlined in the Welcome Package Reports Deliverable Schedule.The templates for the Quarterly Financial Report and the Quarterly Project Status Report are located at: hn://www ildceo net/dceoBureaus/Office+of+Accountability/Reportine.Grantees are required to use these forms when submittmg their quarterly status reports to DCEO Preference is that grantees complete the reports electronically and email to their DCEO contact Supporting Documentation Guidelines Grantees are required to adhere to the Supporting Documentation Guidelines located at: http-//www ildceo.net/dceo/Bureaus/Office+of+Accountability/Reportmg. Section I of the Guidelines indicates the supporting documentation that grantees are required to submit with their quarterly status reports. Section II of the Guidelines provides examples of supporting documentation that the grantee is required to maintain onsite or provide at the request of DCEO to support the grant expenditures. Noncompliance Process Information on the noncompliance process is located at: bttp//www ildceo net/dceo/Bureaus/Office+of+Accountability/Noncompliance/ The site includes information on what grantees should expect if they do not meet the terms and conditions of their grant,and the assistance available to grantees to re-establish compliance.The Legal requirements and processes describe how and when DCEO's legal staff,in accordance with the Grant Funds Recovery Act,become involved when grantees become non-compliant with the terms of their grant agreements. Requirements of DCEO Grantees A listing of requirements that you may be required to follow. Certain regulations must be adhered to such as enforcing a Drug-Free Workplace,following the Americans with Disabilities Act,establishing a Policy on Sexual Harassment,and more You can also find detailed instructions about what a grantee must do to comply,as well as information about the consequences of non-compliance. 4 � o IWNOIS DEPARTMENT Of COMMERCE AND Emow OPPORIumy TOURISM ATTRACTION GRANTS Grant No. 10-335013 for the Yorkville City of Illinois Department of Commerce and Economic Opportunity 620 E. Adams St. Springfield, IL 62701 Page 1 Grant Number 10-335013 STATE OF ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY Notice of Grant Award No. 10-335013 Thy,.Grant Agreement(hereinafter referred to w the"Agreement")is entered into between the Illinois Department of Commerce and Economic Opportunity(hereinafter referred to as the "Department' or"DCEO")and YorlvWe City of (hereinafter referred to as the "Grantee). Subject to terms and conditions of this Agreement, the Department agrees to provide a Grant in an amount not to exceed 564,000.00 to the Grantee Subject to the execution of this Agreement by both parties.the Grantee is hereby authorized to incur coats against this Agreement from the beginning date of 04/01/2010 through the ending date of 12/31/2010, unless otherwise established within Para 11 Scope of Work, The Grantee hereby agrees to use the Grant Funds provided under the Agreement for the purposes set forth herein and agrees to comply with all terra%of this Agreement. This Agreement includes the following sections,all of which are incorporated into and made part of this Agreement: Parts: I. Budget 11. Scope of Work III Grant Fund Control Requirements IV. Terms and Conditions V. General Provisions VI. Certifications This grant is state funded. Under penalties of perjury,the undersigned certifies that the name,taxpayer information number and legal status listed below are correct. Name: Yorkville City of Taxpayer Identification Number: SSN/FEIN: 366006169 Page 2 Grant Number 10-335013 Legal Status: Individual(01) Estate or Trust(10) Sole Proprietor(02) Pharmacy-Noncoporate(11) Partnership/Legal Corporation(03) Nonresident Alien(13) Corporation(04) Phermacy/Funend Home/Cemetery Corp(15) Not For Profit Corporation(04) Tax Exempt(16) Medical Corporation(06) Limited Liability Company(select applicable X Governmental(08) tax classification) C-Corporation P-Pmtnm%* GRANTEE: Yorkville City of BY l w E • l/a11c)LOr6 (Authorized Signmor) Date Valetie Burd.Mayor Name and Title STATE OF ILLINOIS DEPART ENT OF CO ERCE AN �CONQMIC OPPORTUNITY 10 By By: �Y Anita D. Patel �U Warren Ribley.Director nancial r Grantee Address. Please indicate any address changes below 800 GAME FARM RD Yorkville,IL 60560-1133 In processing this gram and related documentation,the Delm mnent will only accept materials signed by the Authorized Signatory or Designee of this Agreement as designated or prescribed herein. If the Authorized Signatory chooses to assign a designee to sign or submit materials required by this Agreement to the Department, the Authorized Signatory must either send written notice to the Department indicating the name ofthe designee or provide notice as act forth immediately following this paragraph. Without such notice.the any materials signed or submitted on the Grantee's behalf b an Department will reject Authorized Signatory must y Y�other than the Authorized Signatory. The ry approve each Authorized Designee separately by signing as indicated below. If an Authorized Desipee(s)appears below,please verify the information and indicate any changes as necessary. The following are designated as Authorized Designee(s)for the Grantee: Authorized Designee: ' Authorized Designee Title: Authorised Designee Phone: � Authorized Signatory Approval: Page 3 Grant Number 10-335013 PART I BUDGET Cost Category Description Cost Cat DCEO Budget Variance% Variance Limit Amount CAPITAL PROJECTS 1010 64.000.00 0.00 0.00 CASH MATCH-CAPITAL PROJECTS 4010 96,000.00 0.00 0.00 Total $160400.00 BUDGET LINE ITEM DEFINITIONS The definitions listed below will help to identify allowable costs for each of the budgeted lines in this Agreement. Any coatis not specifically named below should be verified to be allowable by the DCEO grant manager prior to incurring the cost. - CAPITAL PROJECTS Land acquisition,construction,renovation or acquisition of buildings. CASK MATCH-CAPITAL PROJECTS Land acquisition,construction,renovation or acquisition of buildings. Pass-Througb Entity or Subgrantor Responefblifflm If Grantee provides any portion of this funding to another entity through a grant agreement or contract,Grantee is considered to be a pass-through entity or subgrantor. Per Section 5.10(M) of the Agreement, Grantee must obtain written approval before it provides any portion of this funding to another entity through a grant agreement or contract. If the Department provider written approval, the Grantee must adhere to the following for any award.%or contracts entered into using the Grant Funds listed above: 0) Ensure that all subgrant or contractual awards of Grant Funds are made in conformance with the terms of this Agreement specifically including,but not limited to.Sections 3.4 and 3.6 of this Agreement;and (2) Ensure subgrantees are aware of the terms and conditions of this Brant and abide by them. Page 4 Grant Number 10-335013 PART II SCOPE OF WORK In consideration for the Grant Funds to be provided by the Department.the Grantee agrees to perform the Project described in Part 11 (Scope of Work)hereof.in accordance with the provisions of Pan I(Budget)hereof. Description of services Grant Match Total Acquisition of building & lot $64,000.00 $96,000.00 $160,000.00 Total: $64,000.00 $96,000.00 $160,000.00 The funding will be used assist in the purchase the old Kendall County Jail.The Grantee also known as the United City of the Village of Yorkville will develop the site of the old Kendall County Jail into a museum that will demonstrate the use o€the jail through living-history re- enactments, exhibits which would include factual stories of people and incidents which occurred at the jail as well as Indian artifacts from the Old Barn Museum in Millbrook.The Grantee's goal to preserve a highly visible historic structure while creating a destination for visitors who come to Yorikville's downtown. The jail,located in downtown Yorkville at 1 l 1 W. Madison St.,is currently owned by Kendall County. It was built in 1893 by the Pauley Jail Building and Manufacturing Co.of St. Louis,MO,which is still in existence and has provided blueprints.The jail,which consists of a sheriffs residence with attached jail,was used continuously by the County until 1992.A sally port and vestibule added after 1962 have previously kept the building from being on the National Register of Historic Places,but in 2003 the building was recognized as one the State's 10 most endangered historic buildings in the State of Illinois. Page 5 Grant Number 10-335013 PART III GRANT FUND CONTROL REQUIREMENTS , 3.1 AUDITS A. wide copy of any Audits performed If the Grantee is required to obtain an audit by entities other than the Department, the Grantee must provide the Department with a copy of the audit report. applicable Management letters,and applicable SAS 114'letters within thirty(30)days of the Grantee's receipt of such audit report,but in no event later than nine(9)months following the end of the period for which the audit was performed. B. Discretionary Audit The Department may, at any time,and at itb discretion, request a Grant-Specific: Audit or other audit,Management Letter and SAS 114 Letter to be delivered within thirty(30)days of . the Grantee's receipt of such audit report, but in no event later than nine(9)months following the end of the period for which the audit was performed. C. Audit Performance All Audits shall be performed by an independent certified public accountant or accounting firm licensed by the appropriate licensing body in accordance with applicable auditing standards. D. Auld Submirston The Grantee shall electronically send all audit reports and related deliverables to the Department at the following address: externalauditunit(rc illinois.gov If the Grantee is unable to submit the aforementioned documents to the Department electronically,the information shall be sent to the Department at the following address: Illinois Department of Commerce and Economic Opportunity Office of Accountability External Audit Section 620 Ea. Adam Street Springfield,IL 62701 3.2 REPQMING REOUIRENMIS In addition to any other documents specified in this Agreement. the Grantee must submit the following reports and information in accordance with the provisions hereof. A. Exmditures and Project Actlylty Prior to Grant Execution If the Agreement is executed more than thirty(30)days after the beginning date of the grant term provided in the Notice of Grant Award,the Grantee must submit a Financial Status Report and a Project Status Report,in a format provided by the Department,accounting for expenditures and project activity incurred from the beginning of the grant term up to the end of the month preceding the date of the Department's execution. If these Reports are required, the Department will not disburse any Grant Funds until the report is submitted to and approved by the Department. B. Fjul Financial Status Report The Final Financial Status Report described in Section 5.3 hereof is due within 45 days following the end date stated in the Notice of Grant Award. The Grantee should refer to the Welcome Package and the Reports Deliverable Schedule for the specific reporting requirements and due dates. Grantee must submit the report in the format provided by the Department. This report must summarize expenditure of the Grant Funds and activities completed during the grant term. The Grantee's failure to comply with the Close-out requirements set forth herein and in Section 5.3 will be considered a material breach of the performance required by this Agreement and may be the basis to initiate proceedings to recover all Grant Funds disbursed to the Grantee. Grantee's failure to comply Page 6 Grant Number 10-335013 with this Section shall be considered prima facie evidence of default,and may be admitted as such. without further proof,into evidence before the Department or in any other legal proceeding, C. Additional Info Lion Upon request by the Department, the Grantee must.within the time directed by the Department, submit additional written reports regarding the Project.including,but not limited to, materials sufficient to document information proN ided by the Grantee. D. Submittal of Reports Submittal of all reports and documentation required under this Agreement should be submitted to the individual as directed by the Department. 3.3 WELCOME PACKAGE Upon execution of this Grant Agreement,the Grantee will receive a Welcome Package detailing reporting requirements and procedures relating to the Grant. The Grantee is obligated to comply with those ` requirements and any revisions thereto in accordance with Section 3.2(B)of this Grant Agreement. 3.4 FSSCAL RECORDING REQUIREMENIS The Grantee's financial management system shall be structured to provide for accurate, current. and complete disclosure of the financial results of the Project funded under this grant program. The Grantee is accountable for all Grant Funds received under this Gram including those expended for subgrantees. The Grantee shall maintain effective control and accountability over all Grant Funds,equipment,property.and other assets under the grant as required by the Department. The Grantee shall keep records sufficient to permit the tracing of Grant Funds to a level of expenditure adequate to insure that Grant Funds have not been inappropriately expended, and Must have internal controls consistent with generally accepted accounting practices adopted by the American Institute of Certified Public Accountants, 3.5 DUE DILIGENCE IN EXPENDITURE OF FUNDS Grantee shall ensure that Grant Funds are expended in accordance with the following principles: (i)grant expenditure,,should be made in accordance with generally accepted sound,business practices.arms-length bargaining,applicable federal and state laws and regulation.%;(ii)grant expenditures should conform to the terms and conditions of this Agreement:(iii)grant expenditures should not exceed the amount that would be incurred by a prudent person under the circumstances prevailing at the time the decision is trade to incur the cosh:and(iv)grant accounting should be consistent with generally accepted accounting principles. 3.6 MONITORING The giant will be monitored for compliance in accordance with the terms and conditions of the Grant Agreement, together with appropriate programmatic rules, regulations, and/or guidelines that the Department promulgates or implements. The Grantee must permit any agent authorized by the Department,upon presentation of credentials.in accordance by all methods available by law,including full access to and the tight to examine any document,papers and records either in hard copy or electronic.of the Grantee involving transactions relating to this grant. 3.7 RECQMS RETENTION The Grantee is accountable for all Grant Funds received under this Agreement and shall maintain, for a minimum of four (d) years foll owing the Department's final written approval of all required close-outs, unless the Department notifies the Grantee prior to the expiration of the four years that a longer period is required, adequate books. records, and supporting documenM including digital and electronic data, to verify the amount,recipients and uses of all disbursements of Grant Funds passing in conjunction with this Agreement. This Agreement and all books, records and supporting documents related hereto shall be available for inspection and audit by the Department,the Office of Inspector General,the Auditor General of the State of Illinois, or any of their duly authorized representative(s), and the Grantee agrees to fully cooperate with any audit performed by the Auditor General or the Department Grantee agrees to provide Page 7 Grant Number 10-335013 full access;to all relevant materials and to provide copies of same upon request. Failure to maintain books. records and supporting documents required by this Agreement shall establish a presumption in favor of the Department for the recovery of any Grant Funds paid by the Department under this Agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement or expenditure. If any of•the services to be performed under this Agreement are subcontracted and/or if subg ants are issued/awarded for the expenditure of Grant Funds provided under this Agreement, the Grantee shall include in all such subcontracts and subgrants, a provision that the Department, the Office of Inspector General.and the Auditor General of the State of Illinois, or any of their duly authorized representatives. M11 have full access.~to and the right to examine any pertinent books,documents,papers and records-of any such subcontractor or subgrantee involving tram%ctions related to this Agreement for a period of four(4) years following the Department's final approval of all required close-outs(financial and/or programmatic), and any such subcontractor shall be governed by the same requirements to which the Grantee is subject ' under this Agreement. Page 8 Grant Number 10-335013 PART IV TERMS AND CONDITIONS 4.1 AUTHORITY: PURPOSE:REPRESENTATIONS AND WARRANTIES A. Authority The Department is authorized to make this grant pursuant to 20 ILCS 66518(a). 14 III Adm. Code 510. The purpose of this authonty is as follows: The intent of the Tourism Attraction Development Grant Program(TAP)is to provide matching grant~ to assist in the development or improvement of projects.that Increase the economic impact of tourism throughout the State. B. Pumose. Representation~ and Warranties The sole purpose of this arrant is to fund the Grantee's performance of the Project, described in Part II hereof, during the term of this grant. The Grantee represents and warrants that the grant proposallapplication submitted by the Grantee is in all material respects true and accurate, that it is authorized to undertake the obligation~set forth in this Agreement and that it has obtained or will obtain and maintain all permits. licenses or other governmental appro-mis necessary to perform the Project described in Part 11. 4.2 PROJECT SCHEDULE*ElaENSIONS A. Projggl Schedule The Grantee must complete the Scope of Work within the grant term. The Department may require the submission of deliverables. Deliverable:must be provided as directed by The Department. For purposes of this Agreement, the Grant Period Begin Date shall be the Project Commencement Date and the Grant Period End Date shall be the Project Completion Date unless these dates are clearly identified as distinctly different in the Part II Scope of Work. B. Extensions Extensions of the grant term will be granted only for good cause. Grantees requiring an extension of the grant term should submit a written request to the Program Manager prior to the grant expiration date stating the reason for the extension. All extensions must comply with requirements of Section 5.7. Grantee's failure to adhere to the schedule set forth in Part 11 may be grounds for suspension or termination of this Agreement pursuant to Section 5.5 herein. Further, failure by the Grantee to comply with the tenor and conditions outlined in Part 11,or with any additional terms and conditions within the Agreement,may result in the Grantee being deemed ineligible by the Department for future funding. 4.3 PAYMENT OF GRANT FUNDS A. E=nditum of Funds:Right to Refund Payment of the grant amount specified in the Notice of Grant Award shall be made to the Grantee as specified herein. Grant Funds provided under this Agreement may be expended only to perform the tacks set forth in the Scope of Work attached as Part 11 of this Agreement in addition to reasons set forth in other sections of this Agreement.the Department may require a refund from Grantee if(r) the total gram expenditures are Ie ss than the amount vouchend to the Grantee from the Depwirent pursuant to the Notice of Grant Award;or(ii) Grant Funds have not been expended in accordance Kith Part'l and Part H. B. Payment Provisions:Prior Incurred Costs Full Advance Page 9 Grant Number 10-335013 A single payment of the entire grant amount(loo%) shall be initiated to the Grantee upon execution and acceptance of the Grant Agreement by the Illinois Office of the Comptroller, 4A GRANT SPE FIC TERMS/CONDITIONS A. Proffam Obiective.The Department is authorized to make this+grant purxuant to Illinois Promotion Act [20 IIXS 665/gal and the Illinois;Administrative Rules for the Illinois Promotion Act[14 I11 Adm.Code 5101. Under these ainhorities. the purpose and intent of the Tourism Attraction Development Grant Program and this grant is to provide matching funds to assist in the development or improvement of projech/tourism attractions that increase the economic impact of tourism throughout the State of Illinois. B, M&IgMu Funds Keadment. During the tern of this Agreement, the Grantee is responsible for providing matching funds, at least,equal to the amount of the Grant Award as required by the Illinois Promotion Act(20 ILCS 665111a)and$510.250 of the administrative rules(14 III.Adm.Code 510.250). The Grantee assures the Department that the matching funds shall be expended on the Project as set forth in Part 11 bereot are available,and are undsu the control of the authorized official.if the Grantee fails to provide adequate matching fluids.a corresponding amount of the Grant Funds will be disallowed and must be repaid to the Department despite proper expenditum of said Grant Funds. C. (1) Wig. Grantee is required to display a sign at the project site stating the following. "This project was partially fiumbd by a grant from the Illinois Department of Commerce and Economic Opportunity, Bureau of Tourism.- All project materials funded through this Grant Agreement shall incorporate the current Department logo and/or statement that identify the project as being developed in cooperation with the Illinois Department of Commerce and Economm Op>pommity/Illinoe Bureau of Tourism. If the Grantee fails to appropriately identify the Department's participation in the grant project,this failure may be taken into consideration on any of the Grantee's future grant application(s). (2) Noted Materials. Grantee is required to acknowledge the Department's participation its the Project by including the Department's current logo in its printed materials. The Departmmtt's currant logo is"lilinofa.Mile after Magnificent Mile" Grantee must follow specific instruct:oas, for logo usage that are on the Web site at lotto•//iw,%O illinoisbiz birlmnhrc-/index hump gr www.commerce.>;tate.iim s/srranhics. if the Grantee fails to include the Department's current logo or appropriately identify the Department's participation in the grant project. this failure may be taken into consideration on any of the Grantee's future grant application(s). 4-4 12EPOSIT O FUNDS Grant Funds paid in advance of realized costs must be kept in an interest bearing account and maintained therein until used in accordance with the teams and conditions of this Agreement. The Department may waive this requirement upon a written request from the Grantee:however written Departmental approval must be-received before any Grant Funds are kept in a non-interest bearing account. Grantee will be responsible for the payment of interest to the Department at a rate equal to twelve percent(12%)per amm�m on any of the Grant Funds kept in a non-interest bearing account without prior Departmental written approval- Any interest earned on these Grant Funds must be accounted for as provided in Section 4.6 of this Agreement. Exceptions to Section 4.5 are not permissible without prior written approval by the Department. Grant Funds paid in reimbursement of previously paid costs may be kit in a non-interest bearing account at the Grantee's discretion. Page 10 Gnat Number 10-335013 4.6 INTEREST ON GRANT FUNDS The Grantee may be allowed to retain interest earned on Grant Funds awarded under this Agreement, provided that: A. All interest earned must be expended prior to Grant Funds All reporting documents should reflect the full expenditure of any interest earned. Any Grant Funds or earned inter6i unspent above the total cost of the project as detailed in Parts i and It must be returned as Grant Funds to the Department as described in Part 5.3 herein;and H. Interest may only be expended for activities which am identified in Parts I and 11 hereof;and C All interest earned must be accounted for and reported to the Department in the Final Financial Status Report described in Section 5.3 herein. 4.7 INTENTIONALLY LEFT BLANK 4.8 SUPPORT Grantee, through its agents.employees and contractors,will provide all equipment,supplies,services and other items of support which are necessary for the effective performance of the Project unless the Agreement specifically sets forth itenb of support to be provided by the Department. 4.9 OWNERSHIP,USE AND 52AINTENANCE OF PERSONAL PROPERTY A. Owmershm Subject to the provisions of this Section 4.9,and the remedies available to the Department as set forth in Section 4.11 below, equipment and material authorized to be purchased with Grant Funds becomes the property of the Grantee. Grantee will maintain an inventory or property control record for all equipment and material purchased with Glint Funds. B. Use- Maintenance:Insurance During the Grant terra,the Grantee must: (1) use equipment and materials acquired with Grant Fundy only for the approved Project purposes set forth in Part H. and (2) provide sufficient maintenance on the equipment and materials to permit achievement of the approved Project purposes and maintain,at its own expense,insurance coverage on all equipment and material purchased with Grant Funds, for its full insurable value, against loss, damage and other risks ordinarily insured against by owners or users of similar equipment and material in similar businesses, C. Prohibition Aasinst Dispositroa/Encumbrance The Grantee is prohibited from, and may not sell. Ummfer,encumber(other than original financing)or otherwise ditipose of said equipment or material during the grant term without prior written approval of the Department. 4.10 PUBLIC INFORMATION RE U ENTS For the duration of the Agreement, the Grantee will prominently acknowledge the participation of the Department in the Project in all press releases, publications and promotional materials presented to the media or otherwise dissemination published concerning the Project. The Grantee roust provide the Department with copies of any proposed press releases, publications and promotional materials not less than ten (10) days before these materials are disseminated Grantee will submit copies of any prez releases,publications and promotional materials to the Department's Project Manager. The Grantee will provide adequate advance notice pursuant to Section 4.12 of promotional events such as open houses.dedications.or other planned publicity events;and Will also coordinate in the planning of said events. Any materials or displays to be distributed in connection with the promotional event must be Page 11 Grant Number 10-335013 submitted to the Department in advance of publication or dissemination and must prominently acknowledge the Department's participation in the Project. 4.11 DEPARTMENT 119MERIES In addition to any remedies found elsewhere in this Agreement or at law, the Department may elect any of the following remedies in the event this Agreement is terminated pursuant to Section 5.5 herein. Grantee must comply with the Department's direction within 45 days following written notice or demand from the Department. A. The Department may direct the Grantee to refund all grant moneys disbursed to it under this Agreement; B. The Department may direct the Grantee to remit an amount equivalent to the"Net Salvage Value"of ° all equipment or materials purchased with Grant Funds provided under this Agreement. For purposes of this Agreement,"Net Salvage Value" is defined as the amount realized, or that the Parties agree is likely to be realized from, the sale of equipment or materials purchased with Grant Funds provided under this Agreement at its current fair market value,less selling expenses; C. The Department may direct the Grantee to transfer ownership of equipment or material purchased with Grant Funds provided under this Agreement to the Department or its designee. 4.12 NOTICES Notices and other communications provided for herein shall be given in writing by first class mail, by registered,or certified mail,return receipt requested.by receipted hand delivery,by courier(UPS,Federal Express or other similar and reliable carrier),by a-mail,or by fax showing the date and time of successful receipt Notices shall be sent to the respective party at the address set forth on the signature page hereto,or to such other authorized designees as the parties may designate in writing from time to time. Grantee rs responsible for providing the Department with correct address and contact information for itself and its designees. Any notice to the Grantee shall be deemed to have been provided if sent to the address or contact information on the signature page or to the address of an authorized designee. Notice to the Department is deemed to have been provided at the time it is actually received. 4.13 COMPLAINT PROCESS In the event of a Grantee complaint,the Department's Administrative Hearing Rules shall govern and said rules can be found at Title 56 Illinois Admin6trative Code,Section 2605. 4.14 GRANT FUNDS RECOVERY ACT(30 IL•CS 70 11 ET SEO) This Agreement is subject to all applicable provisions of the Illinois Grant Funds Recovery Act, including the requirement that any Grant Funds not expended or legally obligated at the expiration or termination of the Grant terra must be returned to the Department vdthin 45 days following said expiration or termination. Notwithstanding any provision specified elsewhere in this Agreement regarding the treatment of interest earned on the Grant Funds, any interest earned on Grant Funds that is not expended or legally obligated during the Grant term must also be returned to the Department within 45 days following the expiration or termination of this Agreement. 4.15 GRANT PROJECT MANAGEMENT All necessary and ordinary communications, submittals, approvals, requests and notices related to the Project gall be submitted to: Greg Mr7raUch Illinois Department of Commerce and Economic Opportunity Page 12 Grant Number 10-335013 630 E.Adaiw%St. Springfield,IL 62701 Page 13 Grant Number 10-335013 PART V GENERAL PROVISIONS S.1 GRANTEE REPRESENTATIONS AND\VARRANTIES:GRANTEE GENERAL COVENANTS A. Grantee Renresentations and Warranties In connection with the execution and delivery of this Agreement,the Grantee makes the following representations and warranties to the Department: (1) That it has all requisite authority to carry on its business and to execute, deliver and consummate the transactions contemplated by this Agreement; (2) That it-; employees, agents and officials are competent to perform as required under this Agreement, (3) That it is the real party in interest to this Agreement and is not acting for or an behalf of an undisclosed party. (4) That it has taken all necessary action under its governing documents to authorize the execution and performance of this Agreement under the terms and conditions stated herein; (5) That it has no public or private interest, direct or indirect, and shall not acquire, directly or indirectly any such interest which does or may conflict in any manner with the performance of the Grantee's services and obligations under this Agreement; (6) That no member of any governing body or any officer, agent or employee of the State, is employed by the Grantee or has a financial or economic interest directly in this Agreement,or any compensation to be paid hereunder except as may be permitted applicable statute, regulation or ordinance; (7) That there is no action,suit or proceeding at law or in equity pending,nor to the best of Grantee's knowledge, threatened, against or affecting the Grantee, before auy court or before any governmental or administrative agency, which will have a material adverse effect on the performance required by this Agreement; (B) That to the best of the Grantee's knowledge and belie£the Grantee,its principals and key project personnel: (a) Are not presently declared ineligible or voluntarily excluded from contracting with any Federal or State department or agency; (b) Have not within a tbree-year period preceding this Agreement been convicted of any felony; been convicted of a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;had a civil judgment rendered against them for commission of baud;been found in violation of Federal or State antitrust statutes;or been convicted of embezzlement, theft, larceny, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;and (c) Are not presently indicted for or otherwise crinvnally or civilly charged by a government entity (Federal. State or local) with commission of any of the offenses enumerated in sub- paragraph(b)of this certification. Any request for an exception to the provisions of this paragraph must be made in writing,listing the name of the individual,home address,type of conviction and date of conviction, Page 14 Grant Number 10-335013 (9) That this Agreement has been duly executed and delivered on behalf of the Grantee and constitutes a legal,valid and binding obligation of the Grantee,enforceable in accordanceµhilt its term,except to the extent that enforcement of any such terms may be limited by (a) Applicable bankruptcy, reorgattization, debt arrangement. insolvency or other similar laws generally affecting creditors'rights:or (b) Judicial public policy linutattcros upon the enforcement of certain remedies including those which a court of equity may in its discretion decline to enforce; and performance required under this Agreement; (10)Grantee's execution of this Agreement shall serve as its attestation that Grantee has read, understands and agrees to all provisions of this Agreement and to be bound thereby. Grantee further acknowledges that the individual executing this Agreement is authorized to do so on the Grantee's behalf.and: 0 I)Grantee certifies that it is not currently operating under or subject to any cease and desist order,or subject to any informal or formal regulatory action.and,to the best of Grantee's knowledge,.that it _ L%not currently the subject of any investigation by any state or federal regulatory,law enforcement or legal authority Should it become the subject of an investigation by any state or federal regulatory, law enforcement or legal authority. Grantee shall promptly notify the Department of any such investigation. Grantee acknowledges that should it later be subject to a cease and desist order,Memorandum of Understanding,or found in violation pursuant to any regulatory action or any court action or proceeding before any administrative agency,that the Department is authorized to declare Grantee in default of this Agreement and suspend or terminate the Agreement pursuant to Section 5.5. B. General Covenant c In connection with the execution and delivery of this Agreement, the Grantee makes the following covenants to the Department, which are in addition to any specific covenants contained in this Agreement: (1) That it will use Grant Funds only for the purposes set forth in the Budget and Scope of Work, Parts 1 and ll,respectively.of this Agreement; (2) That all ivarrandes and representations trade by the Grantee in this Agreement shall be true, accurate and complete for the term of The Agreement; (3) That it shall be subject to,obey,and adhere to any and all federal,state and local laws, statutes. ordinances,rules,regulations and executive order as are now or may be in effect during the temi of this Agreement which may be applicable to the Grantee: (4) That it shall remain solvent and able to pay its debt.%a%they mature. In the event of bankruptcy filing by the Grantee,voluntary or involuntary,the Department may decline to snake any ftirther payment,which may otherwise be required under this Agreement; (5) That it shall immediately notify the Department of any and all events or actions that. may materially adversely affect its ability to carry on its operations or perform any or all of its obligations under this Agreement;and N (b) That it shall not enter into any other agreement or transaction that would conflict with the performance of its duties hereunder. 51 APPROPRIATION, NONARPROPRIATIONANSUFFIC ENT APPROPRIATION..—REDUCED FUNDING SOURCESMEVENVES ' Page 15 Grant Number 10-335013 A Aram riation The Grantee is hereby given actual knowledge that pursuant to the State Finance Act,30 ILCS 105130, payments under this grant are contingent upon the existence of a valid appropriation thercibre and that no officer sliall contract any indebtedness on behalf of the State, or assume to bind the State in an amount in excess of the money appropriated,unless expressly authorized by law. B. Non-annronriation.tin_suflicient Appropriation Payments pursuant to this Agreement are subject to the availability of applicable federal and/or state funding from the Department and their appropriation and authorized expenditures under State law. The Department shall use its best efforts to secure sufficient appropriations to fund this Agreement. However, the Department's obligations hereunder shall cease immediately, without penalty or further payment being required, if the Illinois General Assembly or federal funding source fails to make an appropriation sufficient to pay such obligation. The Department, at its sole discretion, shall determine whether amounts appropriated are sufficient to continue it% obligations under this Agreement. Termination resulting from non-appropriation or insufficient appropriation shall be in accordance with Section 5.5(A)(1)hereof. Any grant is void by operation of law if the Department fails to obtain the requisite appropriation to pay the grant in any year in which this Agreement is in effect, C. Reduced Funft_52urces/Revenu ea The Department reserves the right to reduce the amount to be paid to Grantee under this Agreement if the Department determines that it is in the best interest of the State of Illinois to reduce its obligation under this Agreement as a resull of the occurrence of any of the following events during the term of the Agreement: (1) Receipt% from revenues which provide the funding for this Agreement either fall significantly short of anticipated levels,or significantly decrease,or (2) Other sources (external grants, contracts, awards, etc.) providing funds for this Agreement are decreased or withdrawn.If such an event occurs,the Department will notify the Grantee as soon as possible. If the Department and Grantee are able to agree on a reduced compensation amount and a corresponding reduced scope of services, the parties shall execute a grant modification so stating. If the Department and Grantee are unable to agree on the reduced compensation and reduced scope of services, the Department shall terminate the Grant in accordance with the provisions of Section 5.5(A)(2)herein 4.3 GRANT CLOSE-OUT A. Final Financial Status Rewrt In addition to any other reporting requirements specified in this Agreement.the Grantee shall complete and submit a Final Financial Status Report on forms provided by the Department, within forty-live (45) days of the earlier of the Grant Period end date or the effective date of termination of this Agreement.The Grantee should refer to the Welcome Package and the Report.~ Deliverable Schedule for the specific reporting requirements and due dates. The Grantee must report on the expenditure of Grant Funds provided by the State,and if applicable,the Gmntee°i. required matching fund%. The Grantee is responsible for taking the necessary steps to correct any deficiencies disclosed by such Final Financial Status Report,including such action as the Department, based on its review of the report.may direct. B. Grant Refunds In accordance with the Illinois Grant Funds Recovery Act,30 [LCS 705/1,et seq,the Grantee must. within forty-five (45) days of the earlier of the Grant Period end date or the effective date of termination of this Agreement,refund to the Department.any balance of Grant Funds not spent or not obligated ac of said date. 5A DEFAULT AND REMEDIES The occurrence of any of the following events,during the grant tern),shall constitute a default: A. Grantee shall fail to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto: Page 16 Grant Number 10-335013 B. Any representation, warranty, certificate or statement made by the Grantee in this Agreement, including the Exhibits hereto. or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; C. Grantee shall commence a voluntary cave or other proceeding seeking liquidation. reorganization or other relief with respect to itself or its debts under any bankruptcy,insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee,receiver, liquidator, custodian or other similar official of it or any substantial part of its property,or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or %hall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due,or shall take any corporate action to authorize any of the foregoing; D. An involuntary case or other proceeding shall be commenced agaimt the Grantee seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy,insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, - custodian or other similar official of it or any substantial part of its property,and such involuntary case or other proceeding.shall remain undismissed and unstayed for a period of 60 days: or an order for relief shall be entered against the Grantee under the federal bankruptcy laws as now or hereby after in effect; E. The Grantee permanently ceases the conduct of active trade or business at the location specified in Part I1,Scope of Work for any reason,including,but not limited to,fire or other casualty; F. Company fails to provide the Company Contribution, if applicable, as identified in Part 11, Scope of Work: G. Grantee defaults on a loan from a third party. Grantee shall provide the Department with immediate notice upon making a determination that it will default on a loan. Grantee shall have 30 days from the date Department notifies it of the occurrence of a default to cure the default to Department's satisfaction. Grantee's failure to cure, or to initiate a cure which is satisfactory to the Department, shall he a sufficient basis for the Department to terminate this Agreement and to direct Grantee to refund all Grant Funds disbursed to it by the Department within thirty(30)days of receipt of the notice of termination At the Department's discretion the Grantee shall be responsible for the payment of interest at a rate equal to twelve percent (12%) per annum for any amount of the Grant Funds which it has not refunded to the Department begirming thirty(30)days from the date the termination notice is sent by the Department and continuing to the date that all Grant Funds are refunded by Grantee or recovered through other legal processes available to the Department. 5,5 TERMINATION:SUSPENSION A. This Agreement may be terminated m follows: (1) Non-annraciriatioa Ins 4ficient Appropriation In the event of non-appropriation or insufficient a appropriation as described in Section 5.2(B) above, Grantee shall be paid for non-cancelable. allowable expenditures incurred in the performance of authorized services under this Agreement prior to the effective date of termination which shall be the date stated in the written termination notice provided to Grantee. The Department shrill provide such notice to Grantee as soon w possible after it becomes aware of such non-appropriation or insufficient appropriation. Any refunds due the Department shall be submitted in accordance with the provisions of Section 5,3(B) hereof. Page 17 Grant Number 10-335013 (2) Reduced Funding Sourcesaevenues In the event the parties are unable to agree on a reduced amount of compensation and scope of services necessitated due to a reduction in revenues or other funding sources for this Agreement as described in Section 5.2(C)above,Grantee shall be paid for non-cancelable,allowable expenditures incurred in the performance of authorized services under this Agreement prior to the effective date of termination which shall be the date stated in the written termination notice provided to Grantee. Any refunds due the Department shall be submitted in accordance with the provisions of Section 5.3(B)hereof. For Cause If the Department determines that the Grantee has failed to comply with any of the covenants,terms,conditions or provisions of this Agreement,or any other application,proposal or grant award executed by the Department and the Grantee, including any applicable rules or regulations, or has made a false representation or warranty in connection with the receipt of the grant. the Department may terminate this Agreement in whole or in part at any time before the expiration date of this Agreement. The Department shall notify the Grantee in writing of the reasons for the termination and the effective date of the termination. Grantee shall not incur any costs after the effective date of the termination. Payments made to the Grantee or recovery by the DepaAment shall be in accord with the legal rights and liabilities of the parties. In the event of termination for cause, Grantee shall also be subject to any other applicable provisions specified elsewhere in this Agreement Termination for cause may render the Grantee ineligible for consideration for future grants from the Department for a period not to exceed two(2)years. (3) For Convenience The Grantee acknowledges that this grant was made by the Department brumd on it%determination that the activilies to be funded under this Agreement are in fiutherance of either the Department's statutory requirements or its progmtn objectives. The Grantee further acknowledges that the Department may unilaterally terminate this Agreement based on its good faith determination that the continued expenditure of Grant Funds under this Agreement is no longer in furthenmce of said statutory requirements or program objectives. Termination for convenience shall be effective upon delivery of notice to Grantee pursuant to Section 5.10(F) hereof. The Grantee shall not incur new obligations after the effective date of the termination,and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for properly incurred expenditures made in connection with the Grant in accordance with the provisions of Part I (Budget) and Part U (Scope of Work). Grant refunds shall be submitted in accordance with the provisions of Section 5.3(B)hereof. B. Suspension If the Grantee fails to comply with the specific conditions and/or general terms and conditions of this Agreement, the Department may, upon written notice to the Grantee,suspend this Agreement, withhold further payment;and proWbil the Grantee from incurring additional obligations of Grant Funds,pending corrective action by the Grantee or a decision to terminate this Agreement. The Department may determine to allow such necessary and proper casts,which the Grantee could not reasonably avoid during the period of suspension provided that the Department agrees that such costs were necessary and reasonable and incurred in accordance with the provisions of this Agreement. 5.6 INDEMNIFICATION A. Non-Governmental Entitieti The Grantee agrees to assume all risk of loss and to indemnify and hold the State, its officers, agents and employees. harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs. attorneys' and witnesses' fees, and expenses incident thereto, relating to bodily injuries to persons (including death)and for loss of,damage to,or destruction of real and/or tangible personal property (including property of the State) resulting from the negligence or misconduct of Grantee, its employees, agents, or subcontractors or subgrantees in the perfonmance of this Agreement. Grantee shall do nothing to prejudice the State's right to recover against third parties for any loss,destruction or Page 18 Grant Number 10-335013 damage to State property and shall,at the State's request and expense, furnish to the State reasonable assistance and cooperation including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the State in obtaining recovery. The Grantee shall, at 4 expense, defend the State against all claims asserted by any person that anything provided by Grantee infringes a patent, copyright, trade secret or other intellectual property right and shall,without limitation,pay the costs,damages and attorneys'fees awarded against the State in any such action,or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. B. Go immental Entities In the event that the Grantee is a Governmental Entity, it will indemnify and hold harmless the Department as set out herein to the extent authorized by Federal and/or State constitutions(s)and/or laws. s.7 MODIFICATION BY OPERATION OF - BUDM MMIFICATIQNS; P_ISCRETIONARY 1N40IFICATIONS A. Modifications by Operation of Law This Agreement is subject to such modifications as the Department determines may be required by changes in Federal or State law or regulations applicable to this Agreement. Any such required modification shall be incorporated into and become part of thu, Agreement a-s if fully set forth herein. The Department shall timely notify the Grantee of any pending implementation of or proposed amendment to-such regulations of which-it has notice. B. Beset Modifications Grantee must expend the Grant Funds in accordance with the approved budget set forth in Part I hereof. If the Grantee determines that its expenditures for the grant term will vary from the amounts listed in the approved project budget it must submit a written request for approval from the Department prior to incurring the revised costs. Said request must give the reason~for and amounkti of the revisions. If the Department approves the revised expenditures. it will provide the Grantee with a revised Project Budget incorporating the revisions. Grantee's failure to obtain written approval for anticipated budget revisions is a sufficient reason for the Department to disallow any cost.; not included in the original project budget and require a refund from the Grantee. The Grantee may make a line item transfer up to the allowable variance percentageiamount of the total approved line item budget as specified in Part I Budget without prior written approval of the Departmem subject to the following conditions: (1) i n�R 90WHR Dep enW_&pA3&g If the Grantee determines that its expenditures will vary from the approved budgeted line item amounts listed in Part I Budget by more than the allowable variance percentage/amount for any given line item expenditure.but will not exceed the total grant award,it shall submit a written request for approval from the Department prior to incurring the revised cost%. Modification requests shall give the reasons for and amounts of the revisions. If the Department approves the revised expenditure&it will provide the Grantee with a revised project Part I Budget incorporating the revisions. Grantee's failure to obtain written approval for anticipated budget revisions shall be deemed sufficient for the Department to disallow any costs not included in the original project budget and require a refund from the Grantee. (2) Discretionary Transfers Transfers between approved line items that do not exceed the allowable variance percentage/amount of the original approved budget line item may be made at the Grantee's discretion without the Department's approval. For purposes of the allowable discretionary tmmsfer(s),the line item to which the transfer is made cannot be increased by more than the allowable variance percentage/amount of the original approved line item. Additionally, the allowable discretionary transfer does not apply to an Audit line item(if present), Any and all modifications to an existing Audit line item may only be made with the Department's prior written approval Page 19 Grant Number 10-335013 C. Discretionary o i c i If either the Department or the Grantee wishes to modify the terms of this Agreement other than as set forth in Section~5.7(A)and 5.7(8)above,written notice of the proposed modification must be given to the other party. Modifications will only take effect when agreed to in writing by both the Department and the Grantee. However,if the Department notifies the Grantee in writing of a proposed modification, and the Grantee fails to respond to that notification, in writing. within thirty (30) days, the proposed modification will be deemed to have been approved by the Grantee. In making an objection to the proposed modification. The Grantee shall specify the reasons for the objection and the department shall comsider those objections when evaluating whether to follow through with the proposed modification. The Department's notice to the Grantee shall contain the Grantee name,Grant number, modification number, purpose of the revision and signature of the Department's Director. D. Unilateral Modifications The parties agree that the Department may unilaterally modify this Agreement without prior approval of the Grantee when the modification is initiated by the Department for the sole purpose of increasing the Grantee's funding allocation as additional funds become available for the grant during the program year covered by the term of this Agreement. The parties further agree that the thirty(30)day period for objection described in Section 5.7(C)above does not apply to the unilateral modification authority described in Section 5.7(D). E. Mans mmm Waiver The parties agree that the Department may issue a waiver of specific requirements of this Agreement after the term of the Agreement has expired. These waivers are limited to requirements relating to the Grantee's compliance with existing audit requirements in the Agreement, retention of interest earned by the Grantee on Grant Fund-,, variances to budgetary line items, non-material changes to the Scope of Work in Part it,and any other non-material changes to specific grant terms that the Department determines are necessary to place the Grantee in admiwstrative compliance with the terms of this Agreement A maaagement waiver issued after the term of the Agreement has expired will supersede the original requirements of this Agreement that would normally require a modification of this Agreement to be executed. The Department will make no modifications of this Agreement not agreed to prior to the expiration of the Agreement beyond what is specifically set forth in this section. F. Term Extensions The Grantee acknowledges that all Grant Funds must be expended or legally obligated daring the grant term set forth in the Notice of Grant Award. Pursuant to the Grant Funds Recovery Act(30 hLCS 705/1 et.seq.),no grant term may be extend-beyond a two-year period unless the Grant Fund-,are expended or legally obligated during that initial two-year period.or unless Grant Funds are disbursed in reimbursement of costs previously incurred by the grantee. S.6 CONFLICT OF )INTEREST: INTEREST OF PUBLIC OFFICIALS/ EMPLOYEES BONUS/COMMISSION PROHIBITED, OF 5TA EMP OY€ PROHIBIT UE DILIGENCE IN EXPENDITURE OF GRANT FUNDS A. Conflict of)merest A conflict of interest exists if a Grantee's officers,directors.agents,employees and family members use their position for a purpose that is.or gives the appearance of,being motivated by a desire for a private gain,financial or nonfinancial, for themselves or others,particularly those with whom they have family business or other ties The Grantee must establish safeguards to prohibit such a conflict of interest from occurring Safeguards, evidenced by rules or bylaws, shall also be established to prohibit persons from engaging in actions, which create or which appear to create a conflict of interest its described herein The Grantee must immediately notify the Department in writing of any actual or potential conflicts of interest,as well as any actions that create or which appear to create a conflict of Interest. B. Interest of Public Officiq,Is/Emnlovees Page 20 Grant Number 10-335013 (1) Governmental Entity if the Grantee is a governmental entity,the Grantee certifies that no conflict of interest as defined in Section 5.8A exists. Further.Grantee certifies that no officer or employee of file Grantee and no member of its governing body and no other public official of the locality in which the program objectives will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carving out of such objectives shall participate in any decision relating to any contract negotiated under a program grant which affects his/her personal interest or fire interest of any corporation,partnership or association in which he/she is directly or indirectly interested,or has any financial interest,direct or indirect,in such contract or in the work to be performed under such contract. (2) hLugovemuienlal Entity If the Grantee is a nongovernmental entity,the Grantee certifies that no conflict of interest as defined in Section 5.8A exist.% If such a conflict or appearance thereof exists or arises,the Grantee must provide munediate notification to the Department as provided in Section 5.8A The Department may, in its discretion, issue Grant.Funds if it determines that appropriate safeguards are in place and that it is in the best interest of the State to proceed. Violations of Section 5.8 may result in suspension or termination of this Agreement,and recovery of Grant Funds provided hereunder.Violator may also be criminally liable under other applicable - State or Federal laws and subject to actions up to and including felony prosecution. C. &M or Commission Prohibited The Grantee shall not pay any bonus or commission for the purpose of obtaining the grant awarded under this Agreement. D. Minnit State lintnloyees Prohibited No State officer or employee may be hired to perform services under this Agreement, or be paid with Grant Funds derived directly or indirectly through this grant without the written approval ofthe Department. 5.9 APPLICABLE STATUTES A. Grantee Responsibility All applicable Federal, Slate and local laws,rules and regulations governing the performance required by Grantee shall apply to this Agreement and will be deemed to be included in this Agreement the same as though written herein in full. Grantee is responsible for ensuring compliance with all applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, the Department shall not be responsible for monitoring Grantee's compliance. B. Land Trust/Bewficial interest Disclosure Act 1 765 ILCS 405/ 1) No grant award Grant Funds shall be paid to any trustee of a land trust,or any beneficiary or beneficiaries of a land trust.for any purpose 'relating to the land,which is the subject of such trust,any interest in such land,improvements to such land or use of such land unless an affidavit is first filed with the Department identifying each beneficiary of the land trust by name and address and defining such interest therein, C. historic Preservation Act(20 1LC5 342011 et sea) The Grantee will not expend Grant Funds under this Agreement which result in the destruction,alteration,renovation,transfer or sale,or utilization of a historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a historic property.structure or structures,which will result in the change in the character or use of any historic property,except as approved by the Illinois Historic Preservation Agency. D. State of Illinois Discrini nation Laws (775 ILCS 511-101 of seq.. In carrying out the performance required under this Agreement, the Grantee shall comply with all applicable provisions of the Illinois Haman Rights Act. and rules and regulations promulgated by the Illinois Departmenl of Human Rights, prohibiting unlawful discrimination in employment. Grantee's failure to comply whit all applicable provisions of the Illinois% Human Rights Act, or applicable rules and regulation% promulgated thereunder, may result in a determination that Grantee is ineligible for future contract.%or subcontracts with the Slate of Illinois or any of its political subdivisions or municipal corporations,and Page 21 Grant Number 10-335013 this Agreement may be canceled or voided in whole or in part acid such other sanctions or penalties may be imposed or remedies invoiced ea provided by statute or regulation. E Dtafree Workplace Act t30 ILCS 58011 et seg.) Grantee will make the certification required to this Agreement and will comply with all of the provisions of the Drugfree Workplace Act that are applicable to the Grantee. False certification or violation of the requirements of the Drugfree Workplace Act may result in sanctions including, but not limited to,suspension of grant payments. termination of thiti Agreement and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. F. Freedom of Information Act (5 ILCS 140'1 et Sea) Applications, programmatic reports and other information obtained by the Department under this Agreement shall be administered pursuant to the Freedom of Information Act G. Prevailine Wave Act t8 All projects for the construction of fixed works which are financed in whole or in part with Grant Funds provided by this Agreement shall be subject to the Prevailing Wage Act(820 ILCS 13010.01)unlem:the provisions of that Act exempt its application. In the construction of the pivject, the Grantee shall comply with the requirements of the Prevailing Wage Act,including.but not limited to,inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the project shall be paid to all laborers, workers and mechanics performing work under the contract and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage elause.as provided by contract. H. Victims Economic Security and Safety Act(820 ILCS' 180 et M.) If the Grantee has 50 or more employees, it may not discharge or discriminate against an employee who is a victim of domestic violence,or who has a family or household member who is a victim of domestic violence, for taking up to a total of iwelve(12)work weeks of leave from work during any twelve month period to address the domestic violence,pursuant to the Victim:Economic Security and Safety Act The Grantee is not required to provide paid leave under the Victims Economic Security and Safety Act, but may not suspend group health plan benefits during the leave period. Any failure on behalf of the Grantee to comply with all applicable provision-,of the Victims Ecartomic Security and Safety Act,or applicable rules and regulations promulgated thereunder, may result in a'determination that the Grantee is ineligible for future contracts or Subcontracts with the State of Illinois or any of its political subdivisions or municipal corporation+,and this Agreement may be cancelled or voided in whole or in parr,and such other sanctions or penalties may be imposed or remedies invoked,as provided by Statute or regulation. I. Equal Pay Act of 2003 (820 1 C 112 et CPA If the Grantee has four or more employees, it is prohibited by the Equal Pay Act of 2003 from paying unequal wages to men and women for doing the same or substantially similar work Further, the Grantee is proiu'bited by the Equal Pay Act of 2003 from remedying violations of the Act by reducing the wages of other employees or discriminating against any employee exercising his/her rights under this Act. Any failure on behalf of the Grantee to comply with all applicable provisions of the Equal Pay Act of 2003,or applicable rules and regulations promulgated thereunder,may result in a determination that the Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked,as provided by Statute or regulation. J. Steel Products Procurement Act 00 ILCS 565 et seg.) The grantee,if applicable,hereby certifies that any steel products used or supplied in accordance with this grant for a public works project shall be manufactured or produced in the United States per the requirements of the Steel Products Procurement Act(30 ILCS 565 et seq.), 5.10 MISCELLANEOUS PROVISIONS Page 22 Grant Number 10-335013 A. Independence of .snipe Perrromtel All technical, clerical, and other personnel necessary for the performance required by this Agreement shall be employed by or contracted with Grantee.and shall in all respects be subject to the rules and regulations of Grantee governing its employees. Neither Grantee nor its personnel shall be considered to be the agents or employees of the Department. B. Grantor Authority The Department and it% payroll employees, when acting pursuant to this Agreement,are acting as State officials in their official capacity and not personally or as the agents of others. C. Governing)a This Grant is awarded in the State of Illinois for execution within the State of Illinois. This Agreement shall be governed by and construed according to Illinois law. D. WO er's CQI11DentiatiQ Inyurnn= CMIOI Security, 9gli mrnent and Health IrLCi!M- ce IBenefit% and Taxer The Grantee shall provide \Yorker's Compensation insurance where the same is required and shall accept full responsibility for the payment of unemployment insurance, premiums for Workers' Compensation,Social Security and retirement and health insurance benefits,as well as all income tax deduction and any other taxes or payroll deductions required by law for its employees who are performing services specified by this Agreement. E. Delivery of Grantee Payments Payment to the Grantee under this Agreement shall be made payable in the name of the Grantee and sent to the person and place specified in the Notice of Grant Award. The Grantee may change the person to whom payments,are sent,or the place to which payments are sent by written notice to the Department signed by the Grantee,that complies with the requirements of section 5.10(F)below. No such change or payment notice shall be binding upon the Department until ten(10) business days after actual receipt. F. Nqkg Any notice, demand, or communication required or permitted to be given hereunder shall be given in writing at the addmses set forth in the Notice of Grant Award by any of the following means; (a) personal service. (b) electronic communication, whether by telex, telegram or telecopy, (c) overnight courier,or(d)registered or certified first class mail, postage prepaid, return receipt requested, Any notice,demand or communication given pursuant to either clause (a)or(b) hereof shall be deemed received upon such personal service or upon dispatch by electronic means, respectively Any notice, demand or communication given pursuant to clause (c) shall be deemed received on the day immediately following deposit with the overnight courier. Any notice,demand or communication sent pursuant to clause (d) shall be deemed received five (5) business days after mailing. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices,demands or communications shall be given. The Grantee acknowledges and agrees that its address set forth in the Notice of Grant Award is it% current address and shall be considered its last known address for purposes of receiving any and all notice(s) required under this Agreement. The Grantee further acknowledges and agrees that the Department is justified in relying upon the address information furnished to it by the Grantee in absence of notice to the contrary. The Grantee also acknowledges and agrees that it has the burden of notifying the Department of its current/Iasi known address. In the event that the Grantee changes its current address,it shall contact its Program Manager and notify himTher of said change of address and a formal modification will be executed. G. Required Notice Grantee agrees to give prompt notice to the Department of any event that may materially affect the performance required under this Agreement. Any notice or approval relating to Section 5.5 (Termination). Section 5.7C (Discretionary Modifications), Section 5.7E (Waivers), and Section 5.101 (Assignment)must he executed by the Director of the Department or her/his authorized designee. H. Modifications A modification of any condition of this Agreement must be requested in writing. No modification of any condition of this Agreement may be effective unless in writing from and signed by the Director of the Department. Page 23 Grant Number 10-335013 f I. AWIRM9_91 The benefits of this Agreement and the rights. duties and responsibilities of the Grantee under this Agreement may not be assigned (in whole or in part) except with the express written approval of the Department acting through its Director. Any assignment by the Grantee in violation of this provision renders this Agreement voidable by the Department J. Seyerability Clause If any provision under this Agreement or its application to any person or circumstances is held invalid by any court of competent jurisdiction,this invalidity does not affect any other provision or its application of this Agreement, which can be given effect without the invalid provision or application. K. lnte eration Clause This Agreement, with attachments, as written, is the full and complete agreement between the patties and there are no oral agreements or understandings between the parties other than what has been reduced to%%Tiling herein. L. Contotroll_ er Filing Notice The Grantee expressly understands that whenever applicable,a copy of this Agreement and any modification, cancellation or renewal is required to be filed by the Department with the State Comptroller. M. Subcontract end Grant. The Grantee's services,duties and responsibilities specified herein shall not be subcontracted or subgranted by the Grantee without prior written approval of the Department,unless such subcontracts or subgmts are provided for elsewhere in this Agreement. Any subcontracts or subgmnts shall be subject to, and conform with, all applicable State and Federal laws, and shall specifically provide that Subcontractors or subgrantees are subject to all of the term,and conditions of this Agreement. For the Department to approve the use of any subcontract or subgrant, the Grantee MUA employ an open.impartial and reasonably competitive selection process. N. tt C a If the Department is the prevailing party in any proceeding to enforce the terms of this Agreement. the Department has the right to recover reasonable attorney fees, costs and expenses associated with recovering the Great Funds. Page 24 Grant Number 10-335013 PART Vi STATE OF ILLINOIS REQUIRED CERTIFICATIONS The Grantee makes the following certifications as a condition of this Agreement. These certifications are required by State statute and are in addition to any certifications required by any Federal funding source as set forth in this Agreement. Grantee's execution of this Agreement shall serve as its attestation that the certifications made herein are true and correct. 6.1 COMPLIANCE WITH APPLICABLE LAW The Grantee certifies that it,shall comply with all applicable provisions of Federal, State and local law in die performance of its obligations pursuant to this Agreement, 6.2 CONFLICT OF 1NTERESI The Grantee certifies that it has no public or private interest,direct or indirect,and shall not acquire directly or indirectly any'stuch interest which does or may conflict in any manner with the performance of Grantee's services and obligations under this Agreement. 63 BID-MGGItyG/gM,ROTATING The Grantee certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 3313-3 or 33E4 of the Criminal Cock of 1961 (720 ILCS 5/33 E-3 and 5/33 E-4) 6.4 DEFAUU ON EDUCATIONAL LOAN The Grantee certifies that this Agreement is not in violation of the Educational Loan Default Act(5 ILCS 385/3)prohibiting certain contracts to individuals who are in default on an educational loan. 615 AMERICANS WITCH RISABILITIES AC The Americans with Ditabilitim Act(ADA)(42 U.S.C. 12101 et.seq.)and the regulation¢ diereu nder(28 CFR 35.130) prohibit discrimination against pernsons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this grant, the Grantee certifies that services, programs and activities provided under this Agreement are,and will continue to be,in compliance with the ADA. 6.6 DRUGFREE WORKPLACE Armor The Grantee certifies that A), It is a Corporation,Partnership, or other entity(other than an individual) with 24 or fewer employees at the time of execution of this Agreement. B) That the purpose of N%grant is to fiord solid waste reduction. C) It is a Corporation, Partnership, or other entity (other than an individual]with 25 or more employees at the time of execution of this Agreement,or D)_ That it is an individual. If Option"A"or"B"is checked this Agreement is not subject to the requirements of the Act Page 25 Grant Number 10-335013 If Option"C"or"D" is checked and the amount of this grant is five thousand dollars($5,000.00)or more, the Grantee is notified that the Drugfree Workplace Act (30 ILLS 580%1 et seq.) is applicable to this Agreement,and the Grantee must comply with the terms of said Act,asset forth below: Grantee will provide a drugfree workplace by: (a) Publishing a statement: (i) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance,including cannabis,is prohibited in the Grantee's workplace, (ii) Specifying the actions that will betaken against employees for violations of such prohibition. (iii)Notifying the employee that,as a condition of employment on such grant,the employee wall: (A) abide by the terns of the statement;and (H) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (i) the dangers of drug abuse in the workplace: (ii) the Grantee's policy of maintaLning a drug free wo4lace; (iii)ny available drug counseling,rehabilitation and employee assistance programs;and (iv) the penalties that may be imposed upon an employee for drug violations, (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the grant and to post the statement in a prominent place in the workplace. (d) Notifying the granting agency within ten (10) days after receiving notice, under part (B) of paragraph(iii)of subsection (a)above,from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in,a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 of the Drugfree Workplace Act,30 ILLS 58015. (f} Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation are required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drugfree workplace through implementation' of the Drugfree Workplace Act.301LCS 580/5. If Grantee is an individual, it certifies that it will not engage in the unlawful manufacture, distribution. a dispensation,possession,or use of a controlled substance in the performance of this Agreement. 6.7 ANTI-BRIBERY The Grantee certifies that neither it nor its employees have been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois,nor has Grantee or any of its employees made an admission Page 26 Grant Number 10-335013 of guilt of such conduct which is a matter of record as defined in the Illinois Procurement Code(30 ILCS 500/50-5). 6.8 DISCRI IN ONALLINOIS N RIGHTS The Grantee certifies(i) that it will not commit unlawful discrimination in employment in Illinois as tiiat term is defined m Article 2 of said Act; (ii)that it will comply with the provisions of Article 5 of the Act regarding equal employment opportunities and affirmative action;and.(iii)that it will comply with policies and procedures established by the Department of Human Rights under Article 7 of the Act regarding equal employment opportunities and affirmative action. The Grantee further certifies that,if applicable,ri will comply with"An Act to prohibit discrimination and intimidation on account of race,creed,color, set,religion,physical or mental handicap unrelated to ability or national origin in employment under contracts for public buildings or public works"(775 ILCS 10/0.01 et seq.) 6.9 SEXUAL HARASSTAENT The Grantee certifies that,it hab written hexual harassment policies that shall include, at a minimum, the following information: (i)the illegality of sexual harassment;(ii)the definition of sexual harassment under State lave; (iii)a description of sexual harassment utilizing examples;(iv)the Grantee's internal complaint process including penalties; (v) the legal recoume. investigative and complaint process available through the Department of Hunwn Rights.and the Human Rights Commission;(vi)directions on how to contact the Department and Commission: end(vii)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act (775 ILCS 512-105 (13)(5)). A copy of the policies shall be provided to the Department upon request. 6,10 INTERNATIONAL ANTI-BOYCOTT CERTIFICATION The Grantee hereby certifies that neither the Grantee nor any substantially owned affiliate company of the Grantee is participating or will participate in an international boycott, as defined by the provisions of the U.S. Export Administration Act of 1979, or as defined by the regulations of the U,S. Department of Commerce,promulgated pursuant to that Act(30 ILCS 582/1 et beq,). 6.11 FEDERAL,STATE AND LOCAL LAWS:TAX IABIr ES STATE AGENCY DELINOUENCIES The Grantee is required to comply with all federal,state and local laws, including but not limited to the filing of any and all applicable tax returns.In the event that a Grantee is delinquent in filing and/or paying any federal,state and/or local taxes,the Department shall disburse Gram Funds only if the Grantee enters into an installment payment agreement with said tax authority and remains in good standing therewith. Grantee is required to tender a copy of any such installment payment agreement to the Department. In no event may Grantee utilize Grant Funds to discharge outstanding tax liabilities or other debts owed to any governmental unit. The execution of this Agreement by the Grantee is its certification that(I) it is current as to the filing and payment or any federal, state and/or local taxes applicable to Grantee; and (0) it is not delinquent in its payment of moneys owed to any federal, state, or local unit of government. 6.12 PROHIBITION OF GOODS DERIVED FROM CHILD LABOR The Grantee certifies.in accordance with Public Act 940264,that no foreign-made equipment,materials, or supplies furnished to the State in connection with this Agreement have been produced in whole or in pan by the labor of any child under the age of 12. 6.13 PREVAILING W G Page 27 Grant Number 10-335013 The Grantee acknowledges that receipt of Grant Funds under this Agreement require compliance with the Prevailing Wage Act (920 ILCS 130 et. seq. ). Persons willfully failing to comply with. or willfully violating this Act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.14 LIEN WAIVERS The Grantee shall monitor construction to assure that necessary contractor's affidavits and waivers of mechanics liens are obtained prior to release of Grant Funds to contractors and%ubcontractors 6.15 INTERAGMCy WETL ACT The Grantee certifies that the proposed project is compatible with established state policy regarding wetlands, pursuant to the Interagency Weiland Policy Act of 1989. The Grantee acknowledges that the Illinois Department of Natural Resources may, from time to time,monitor the proposed project to ensure continued compliance will, the aforementioned Act. In the event that the project does not remain in compliance with the Act, such noncompliance shall constitute a breach of the Agreement, and failure to cute the breach within sixty(60)days after notice thereof will result in the termination of this Agreement. - e Page 28 Grant Number 10-335013 Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ OB #1 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ j� ���� Police F-1 Public 2012-23 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Use of hotel taxes for tourism Meeting and Date: Economic Development— September 4, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: August 30, 2012 Subject: Use of tourism dollars LLE�% Summary Discussion of the proposal from Pesola Media Group, a sixth extension to the AACVB agreement, or in-house tourism operations. Background This agenda item was discussed at the City Council meeting on August 28. At that meeting, Jason Pesola of the Pesola Media Group made a presentation to City Council on a marketing program for the City. That presentation is attached. The day after the City Council meeting, Chris Hamilton of the AACVB met with representatives of local businesses and hotels, and invited Lynn Dubajic, Sherri Farley and me to attend. At that meeting, Chris Hamilton described in greater detail the past issues with the AACVB and current and future plans for AACVB projects and programs. As a result of that discussion, representatives of the Hampton Inn indicated they would be in attendance at the EDC meeting and that they would like to review the Pesola Media Group proposal. I have reached out to other Oswego businesses for their feedback on Oswego's tourism services, and have reached out to Raging Waves for their feedback on the AACVB v. Pesola Media Group proposal. I hope to have a verbal update for the Committee on Tuesday evening. ppp- IF VVE MEDIA GROUP' kL 6100 SAY O CANU o Do VVE VVILL a� m c� a Th efto G %MW law" In • Develop a Yorkville Centered Creative Campaign that will draw people to our city — Underdeveloped asset - Create awareness • Exposing Yorkville and all it has to offer e tc��+r-isr-�r-a f#'��e--Yerk�i Through an Exciting vision of Yorkville — -racr--e asg-lP isU r-e dme-b-usi p-ess-for--I-odgi TigT-d im' n�� shopping & entertainment in Yorkville What Will Do 6 • Vested interest in the growth and Yorkville Centered development of Yorkville Social Media Marketing • Third Party Administrator to operate — Properly Engaged Facebook Page and execute marketing/advertising — Pinterest for the United City of Yorkville _ Twitter YouTube • Creation of an interactive website Shopping, Dining & Recreation Guide — Proposed domains for the United City of Yorkville • visityorkville.org — We NEED to market to the future • discoveryorkville.org United City of Yorkville's — The power of the internet Graphic Design Firm-The Brand — Mobile device friends Pr-oposeA-t—o of mind a-&—er-tisi g • Quarterly Marketing Calendar — outdoor • Yorkville's largest draws — Radio — Based on budget • Yorkville centered public relations Accountability • PMG becomes an extension of the city • Creation of a Tourism Advisory Board — Consists of stake holders in the growth and development of Yorkville • Quarterly Marketing Calendar • Open lines of communication, full transparency & disclosure — Bottom line • what we are creating is on a public platform Contract Term • 3 Year Term — It takes 3 years to see success in an aggressive plan of action — 15t Year implement change _ 2nd Year growth and development — 3rd Year results Cost • 90% of generated hotel tax — Based off of tax revenue budgeted for United City of Yorkville tourism & entertainment ppp- IF VVE MEDIA GROUP' kL 6100 SAY O CANU o Do VVE VVILL a� m c� a Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 22, 2012 Subject: Use of tourism dollars LLE�% Summary Consideration of AACVB agreement extension, private contract with a local company for public relations and tourism services, or other methods for use of tourism dollars. Background This agenda item was discussed at the Committee of the Whole meeting on August 14th. At that meeting, the City Council expressed interest in a shorter term AACVB agreement, a proposal from a local media company, and an explanation of Oswego's use of tourism dollars. Chris Hamilton, Director of the AACVB, was set to ask his board for a 2-3 year agreement extension this week. At time of packet creation, we had not received word from him. The local media company is meeting with Mayor Golinski after packets are finalized, and he has indicated that he will have a verbal update at the City Council meeting. I spoke to Steve Jones, Village Administrator in Oswego, about their use of tourism dollars. They have two hotels in town, a Holiday Inn Express and an AmericInn Lodge, and a 3% hotel tax (same as ours). Their hotels generate $60,000 in taxes per year. Of this $60,000, they spend about $30,000 on a salaried employee (this dollar figure actually represents about half of the employee's salary—she splits duties between tourism and public relations). The other half of the hotel taxes get spent on programming and events. Examples of Oswego's recent expenditures includes purchasing space in the Illinois Visitor's Guide, leasing space in the tourism kiosks in the Oases on the Illinois interstates, purchasing contracts for shuttles to and from their hotels and local events (Beer on the Bridge, Wine on the Fox, etc.) and waiving entrance fees for out-of-state guests attending Oswego events. Mr. Jones stated that they bring the hotel managers and owners to the table each year to discuss different event and tourism ideas. I hope to speak with the Oswego hotel managers later this week, and have their feedback for you at the City Council meeting. Recommendation The AACVB agreement is included in this packet for your reference. If the AACVB is amenable to a reduction in terms, we can amend the agreement verbally at the meeting, or the City Council could table the item for two weeks. If the City Council decides to proceed in a different direction(either with the local company, or through in-house expense similar to Oswego), staff requests this item to be tabled to a future meeting. SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December 2012 by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich") and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all being municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter the "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended by the Municipalities referenced therein extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and WHEREAS, effective December 15, 2007, a Fifth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2007 through December 15, 2012; and WHEREAS, the Municipalities have agreed to a Sixth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2012 through December 15, 2017. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2012 through December 15, 2017 as between all of the Municipalities. 2. That except as set forth in this Sixth Amendment and in the prior Amendments thereto, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. 1 IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a municipal corporation ATTEST: Village Clerk Village President UNITED CITY OF YORKVILLE, a municipal corporation ATTEST: City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 2