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Committee of the Whole Packet 2007 08-28-07 J�`��p �'�y� United City of Yorkville 800 Game Farm Road EST. .: . 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Wes- <LE �� AGENDA COMMITTEE OF THE WHOLE Tuesday, August 28, 2007 7 :00 p.m. City Council Chambers Presentations : None Executive Session: 1 . For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06 Detail Board Report (Bill List) : Mayor: 1 . COW 2007- 16 Sponsorship Requests a. Nation' s Voice on Mental Illness b. Mutual Ground, Inc. c. Fourth Annual Yorkville Area Chamber of Commerce Golf Outing d. Bristol Kendall Fire Department Fireworks Sponsorship e. DeKalb, Kane South, and Kendall Counties, Inc. Baseball Sponsorship f. Rolling on the River Sponsorship to benefit Hoover Education Center g. Trinity Church United Methodist h. Chamber of Commerce River Night 2. COW 2007- 17 Request for Mechanical Amusement Device License — Sawmill Pizza 3 . COW 2007- 18 Library Tax Discussion 4. COW 2007- 19 Discussion of Legal Fees for Annexations Economic Development Committee: 1 . EDC 2007-32 Monthly Building Permit Report for July 2007 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 3 . EDC 2007-24 Kalant Development Rezoning and Development Agreement 4. EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment — Developer Note Provision Page 2 Committee of the Whole August 28, 2007 Park Board: 1 . PKBD 2007- 18 Grande Reserve Park A — RFP Results — FYI 2. PKBD 2007- 19 Grande Reserve Park B — RFP Results — FYI Public Safety Committee: 1 . PS 2007- 16 Request to Amend Liquor License Ordinance Regarding Patio Licenses City Council Requests: 1 . COW 2007- 19 Committee Liaison Appointments Discussion Additional Business: UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, August 28, 2007 7 :00 PM CITY COUNCIL CHAMBERS PRESENTATIONS: 1 . None DETAIL BOARD REPORT BILL LIST): MAYOR: 1 . COW 2007- 16 Sponsorship Requests a. Nation's Voice on Mental Illness b. Mutual Ground, Inc. c. Fourth Annual Yorkville Area Chamber of Commerce Golf Outing d. Bristol Kendall Fire Department Fireworks Sponsorship e. DeKalb, Kane South, and Kendall Counties, Inc. Baseball Sponsorship f. Rolling on the River Sponsorship to benefit Hoover Education Center g. Trinity Church United Methodist h. Chamber of Commerce River Night 2. COW 2007-17 Request for Mechanical Amusement Device License — Sawmill Pizza 3 . COW 2007-18 Library Tax Discussion ECONOMIC DEVELOPMENT COMMITTEE: 1 . EDC 2007-32 Monthly Building Permit Report for July 2007 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 3 . EDC 2007-24 Kalant Development Rezoning and Development Agreement 4. EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment — Developer Note Provision PARK BOARD: 1 . PKBD 2007- 18 Grande Reserve Park A — RFP Results — FYI 2. PKBD 2007- 19 Grande Reserve Park B — RFP Results — FYI PUBLIC SAFETY COMMITTEE: 1 . PS 2007- 16 Request to Amend Liquor License Ordinance Regarding Patio Licenses CITY COUNCIL REQUESTS: 1 . COW 2007- 19 Committee Liaison Appointments Discussion ADDITIONAL BUSINESS : N rl ri N N O oo nn Oo 00 �xw O O O O O N Ol N N b £' p M r+l n l0 t0 O l0 lO O N N O O� C N N W Q. 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W O @ Co h N O O O (D (D O O M Q > U) O 00 O h 00 O O h M h O O M a Z Q ❑ Q F' co M r M NT OD (A r} OD W a t}} U) C' r to w O 000 Z I— F— F- ❑ h O O O M O 0 m (0 r O 0 O Cl 0 N O CO 1� CO O r M 00 LC) r 6 N Q (0 64 N r O h h d' 0) O W O O J r M O L() T (0 r- O r 'cp qt N (O N r M O r 4q L6 CT h V h r r r h r r r ER N r r O w Ef3 tt} f!T fA ff3 ER fR fPr Ef> EPr NN (� Cn J FQ- Z O W � Z O J W lwzao z cn U.z a w �Z ov ai wo a W A o United City of Yorkville Memo J s '^ 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553 -7575 LE To:To: Mayor Valerie Burd, City Council Fr: Glory Spies, Community Relations Officer Re: Sponsorship requests Date: 08/28/2007 Due to a lack of quorum at the last Human Resources Commission, I have attached several sponsorship requests for your review. In some of these cases the event has past. Therefore, I feel it is necessary to move these requests forward rather than wait until the next HRC meeting in September. All of these sponsorships are placed on the COW agenda. Any moving forward will be voted on at the City Council meeting immediately following Tuesday evening's COW. NMI YS., I want to help NAMI, the Nation's Voice on Mental Illness, to fight for the rights of people affected by mental illness. Enclosed is my The NatloWs Voice on Mental Illness generous contribution of: 2107 Wilson Blvd. , Suite 300 ® $35 El $65 ® $100 U $250 ® $500 ® Other $ Arlington, VA 22201 • wvAv.nami.org City of Yorkville Thank you for 800 Game Farm Rd your donation! Yorkville, IL 60560- 1133 Please see other side for IillielloeulolnlleolLnoe� Iha� Ileolle� alLlL® IlLlldahl more important information. N0707AC 100236951 .00 • Enclosed is my check made payable to NAMI • Please charge my credit card: Choose -bNs opkiovi. Card number Exp. Date - ik wotku be� a Signature qjte L16 hetpl -- ® I want to become a monthly donor. Please charge my credit card $ 15 per month. 9 I have enclosed a Matching Gift form from my employer that could double or triple my gift! ❑ Keep me informed! I would like to receive NAMIs E-news, full of the most recent mental health advocacy information. My e-mail address: Please list my name as: NAMI is a 5010 charitable organization. Contributions to NAMI National are tax-deductible as allowed by law. � s .e You can also support NAMI through Memorial or Celebration Gifts. For more information please call Debbie at (703) 524-7600. I would like to learn how to help NAMI through a planned gift while enjoying many tax-saving benefits: E) Please send NAMI's free booklet. ® I have already included NAMI in my estate plans. ® I would consider including NAMI in my estate plans. Please contact me. Phone Help support NAMI through your workplace giving program: • Designate NAMI (2107 Wilson Blvd, Suite 300, Arlington, VA 22201) as your Charity of Choice on your United Way form. • Designate NAMI (#0538) as your Charity of Choice through the Combined Federal Campaign (CFC), or through Community Health Charities (CHC). Please visit our website at wwwnanii . org/give 5(„eCte7 from the s*O. a EI aaa a BB 9 MUTUAL GROUND, INC. Summer, 2007 Providing services for victims of domestic iioleme and sexual assault Valerie Burd Mayor City of Yorkville 800 Game Farm Road Yorkville IL 60560 Dear Valerie, We've all heard the saying, "there's no place like home". Home is comfort, love, sharing... Home is peace and safety—or its supposed to be peace and safety. In all too many homes, there is not peace but violence. In all too many homes, there is not friendship but fear. In all too many homes women and children experience not love but abuse. Mutual Ground, serving victims of domestic violence and sexual assault for over 30 years, not only provides services for victims of abuse—but for their children—the unwilling witnesses. Children entering domestic violence shelters with their mothers after a violent episode are often confused, afraid and angry. Our children's advocate staff helps ease the trauma and deal with the pain so that these children's difficult lives are safe and more balanced. Our staff teaches them haw to express their feelings and helps them create a safety plan. They learn about conflict resolution. They learn how to be a child again. Each year the staff provides free and confidential services for about 400 children who witness domestic violence—all scheduled through one ` children's room with three staff persons. Every day I see frightened children come to Mutual Ground. And, as I look to the future, I know that the numbers of children who need Mutual Grounds services are not lessening. In order to help every single child that needs us, we need. to expand our children's services. We are now embarking on a new fundraising drive, "The Children are our Future", for the expansion of our children's services. This population is our hope for the future. Domestic violence is a learned behavior and if Mutual Ground is ever going to go out of business we need to put additional resources into work with these child victims. Won't you please consider a gift at this time, so that the next child who needs our help won't be left on a waiting list? Peace, i y / �j q. /44 Linda R. Healy Executive Director P.S. Mutual Ground is a 5016 non-profit organization and all donations are tax-exempt to the extent provided by law. To learn more about our agency, please visit our website or call us. P.O. Box 843 • Aurora, IL 60507-0843 domestic violence programs 630-897-0080 sexual assault progrmns 630-897-8383 fax 630-897-3536 am email mutmalground @ameritech.net www.mutualgroundinaorR `°'""'""'""""" Q Yes, I (we) care about the victims of domestic violence and sexual assault. I am happy to help Mutual Ground with this contribution. Enclosed is my (our) gift of $ payable to Mutual Ground. © $ 1000 ® $ 500 ❑ $250 ® $ 100 Q $ 50 ® $25 ® Other ❑ 1 have enclosed my company's matching gift form. Mutual Ground Inc. is a non-profit 501 (c)3 organization and donations are tax-exempt to the extent permitted by law. Mutual Ground has been ° serving Southern Kane, Kendall and Aurora DuPage Counties since 1975. Name This is the way my name (or company name) should be listed in your Annual Report. ® I prefer to be anonymous. Address city ST ZIP Email We ask for your email in the event we need to ask you a question and to keep you apprised about Mutual Ground. We do not share our addresses with anyone. ® This gift is being made in memory or in honor. Information is included. ® Please send out a gift acknowledgement card in my name. 9 .8 Yorkville area Chamber of Commerce 26 West Countryside Parkway, Suite 101 , Yorkville, IL 60560 Phone 630-553-6853 Fax 630-553-0702 e — yorkvillechamber @yorkvillechamber.org wvvw,yorkvi llechamber.org June 1 , 2007 Glory Spies Urdted City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Glory, The 4"' Annual Yorkville Area Chamber of Commerce Golf Outing will be held on Thursday, September 20th at Blackberry Oaks Golf Course in Bristol. As a Premier Level member, you are receiving this packet prior to the general membership in order to give you first option on sponsorships. For the Corporate Sponsor level and above, each fee is discounted by $200 for you. Come out for a day of golfing fun, amid friendly competition. Vie for an array of prizes. Not a golfer? Join in the festivities at dinner. Proceeds from this event fund a wide variety of activities that benefit Chamber members and the community. By supporting the YACC Golf Outing, you have the unique opportunity to not only gain great exposure for your business, but you will also be part of one of the largest networking occasions of the summer. Participation from 2005 to 2006 increased dramatically from 94 to 132 golfers. This year' s event will cap out at 144 competitors. Play an important role in the YACC Golf Outing by becoming a sponsor. Sponsorship levels are outlined on the enclosed page. New opportunities have been created this year for exclusive major sponsorships, increasing your potential for maximum visibility. These are offered on a first-come basis, so respond early. Please complete both the golf and sponsorship registration forms and return them to the Chamber office by August 10, 2007. If you do not have a full foursome, that' s fine. You will be teamed up with other players. Feel free to call the Chamber office at 630-553 -6853 with any questions you may have. Thank you for your support! 7Tae YACC�olfCommfttee Yorkville Area Chamber of Commerce 2007 Golf Outing — Thursday, September 20th Sponsorship Levels `Fees for Corporate Sponsor level and above will be discounted $200 for Premier Members Exclusive Event Sponsorships: Dinner Sponsor $ 21500* 4 golfers, including dinner (1 available) Tent signs on dinner tables Large company logo sign (on grass at registration area) Recognition at dinner WSPY and media recognition Website home page and golf page logo/link Program listing Beverage Cart Sponsor 2 golfers (4 for both carts), including dinner Both Carts (1 available) or $ 21500* Company logo sign on beverage cart(s) 1 Cart (2 available) $ 11500* Large company logo sign (on grass at registration area) Recognition at dinner WSPY and media recognition Website home page and golf page logo/link Program listing Corporate Sponsor $ 550* 1 golfer, including dinner Combined banner recognition Recognition at dinner WSPY and media recognition Website golf page listing/link Program listing Hole Sponsor $ 100 Company name on hole sign Website golf page listing/link Program listing Raffle Sponsor Website golf page listing Raffle Prize Donor Program listing ($25 min. value — no discount coupons) Yorkville area Chamber of Commerce 2007 Golf Outing ® Thursday, September 20th Sponsor Registration Form Business Name Contact Person Phone Number Exclusive Sponsorships — Please contact the Chamber to check availability: ❑ Dinner Sponsor (1 available) $ 2,500 ❑ Beverage Cart Sponsor — Both Carts ( 1 available) or $ 2,500 ❑ Beverage Cart Sponsor — One Cart (2 available) $ 1 ,500 General Sponsorships : ❑ Corporate Sponsor $ 550 ❑ Hole Sponsor $ 100 ❑ Door Prize Donor Prize(s) Donated: Total Sponsorship: $ Please make your check payable and mail to: Yorkville Area Chamber of Commerce 26 West Countryside Parkway Yorkville, IL 60560 SPONSORSHIP DEADLINE: AUGUST 10, 2007 Yorkville Area Chamber of Commerce 2007 Golf Outing - Thursday, September 20th Golf Registration Form Location : Blackberry Oaks Golf Course, 2245 Kennedy Road , Bristol Fee: $ 100 per golfer (includes golf, cart, range balls, and dinner) Registration : 10:00 a.m . — 10:45 a.m. Format: 11 :00 a.m. — Shotgun start — Scramble format Dinner: 4:00 p.m. — 5:00 p.m. Prizes to be awarded : Men's, Women's, and Mixed Low Team Scores, plus Longest Drive, Longest Putt, and Closest to the Pin for Men and Women Additional dinner tickets may be purchased for $35 each. Awards and door prizes will be presented immediately following dinner. Lunch is available, but not included in the event fee. Foursome Information : Player 1 $ Player 2 $ Player 3 $ Player 4 $ Additional Dinner Tickets: Name $ Name $ Total Fees: $ Please make your check payable and mail to: Yorkville Area Chamber of Commerce 26 West Countryside Parkway Yorkville, IL 60560 REGISTRATION DEADLINE: AUGUST 10, 2007 rist®1 Kendall Fire Department MD 103 East Beaver Street Yorkville, IL 60560- 1704 Phone: 630 553 -6186 Fax: 630 553 - 1482 To the Residents of the Bristol-Kendall Fire Protection - District This year' s 4`h of July celebration will be the 52nd annual event hosted by the Bristol-Kendall Fire Department. For over 40 years, members of the Bristol — Kendall Fire Department went door-to- door collecting money that has been spent to provide a community celebration for the 4`h of July. This year, again, we find ourselves in a position of no longer being able to cover our growing fire district and/or to spend additional evenings collecting on a door-to-door basis. By way of this mailing, we are attempting to collect enough money to continue this long — standing tradition for the residents of the Bristol — Kendall Fire Protection District. Please take a moment to consider a contribution toward this cause. Be assured that ALL money received will go towards this year or future years celebrations. Our annual spending for the 4`h of July is approximately $22,000.00. Included in this are the costs of the evening fireworks, children' s rides in the park, and other miscellaneous expenses. Rest assure that absolutely no tax dollars are being used to fund this celebration. This year we will be celebrating the 4`h of July on Wednesday July 4`h, 2007. As in the past, members of the Bristol — Kendall Fire Department will spend the entire day and evening to coordinate the events and provide manpower for this year' s 4`h of July tradition. The fireworks will be best viewed from the old Countryside Shopping Center and will start at dusk. Please use the enclosed envelope to return your contribution toward the 2007 4`h of July celebration. Sincerely, Your Bristol-Kendall Firefighters 11 14 �S ia1 3 a SUMMER AND BASEBALL...IT JUST G®ES TOGETHER..ir . Please Join Us Monday, August ?T2007 . Kane County Cougars vs. Clinton Lumberkings (Texas Rangers) (First Pitch 6:00 p.m.).. Elfstrom Stadium 34WO02 Cherry Lane (just off Kirk Rd.) Geneva Proceeds to genefifi I DEKALf3, KANE SOUTH AND KENDALL:COUNTIES, INC. (NAMIDKK) Tickets: (1/2 the purchase price is tax deductible) $34.00 (Individual) Picnic dinner will be provided $100 (family of four) i Sponsorship Levels:. (100% of Sponsorship is tax deductible) Base Hit: . $150 (includes 2 tickets) Double: $250 (includes 3 tickets) i Grand Slam: $500 (Inc ludes 4 tickets); For more information please:call 630-896-6264.'All tickets will be mailed by August 20. Reservations_received.after'that date will bee'held at Cougars Stadium Will Call window on the day nf:the event. -.Please cutout and return the bottom of this form with your reservation„ _ c ! Please count on my sponsorship(I understand that it is 100%tax deductible) s $150 Dose Hit(includes 2 rx) : $256 aoeble(includes 3 fix) $5po Grand 51an.(mcludes4 tixj `y u I want to purchase tickets I understand that tickets will be mailed to mC by August?o Reservations made after that e—une will be held at the Will Call Office at Cougars Stadium I ve enclosed a check for $ `-_ Check# + , et I am unable to attend,but want to make a donation to NAM..,)?lease acceptmy check for.$ -_Ch k # , My name and address are written below _ -F r � u Name - Employer s Address City State, Phone - Fax MAKE CHECKS PAYABLE PLEASE MAIL-TO:NAMIDKK 460 MERCY L I NE,AI/RORA,ILLINOIS 60506'P � l < r+ t i REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORKVILLE PLEASE NOTE: All requests must be received by the City Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event for submittal to the Yorkville Human Resource Commission (HRC), which meets on the third Wednesday of each month. For example: if your event is to be held on September 15`h, your request should be in the City office no later than June 30`h to be considered at the July HRC meeting. Requests are limited to $250 per year, uer organization Event dA&Z Date/Time: uc 51,5' Location: Name of Organization Z(J-d A4zzx 2- Add ity State Zip fozs5 Phone: Fax: Name of Contact Person/Title 4 Approximately how many Yorkville residennttst does your organization serve each year? What is thepurpose fyour organization? G* How does your organization benefit the Yor Ile community?7A-t° 1s your event considered to be (please check l that apply): Fine Arts _Sports Community _Scouting -- Religion-based Y Other non-profit Who will benefit from the funds raised? Youths X Adults _ Seniors _ Disabled persons _ Please check one: K Cash or "In Kind" If cash, amount requested: $ If "In Kind," are you in need of Staff.? Yes No If yes, number of hours Time: OR Building space Name of City facility/park to be used PLEASE NOTE. If requesting staff time or use of building facilities/park, both are subject to availability on the date you have chosen. DEPOSIT FEES WILL NOT BE WAIVED, IF FACILITIES ARE RETURNED TO SAME CONDITION AS BEFORE USE, 100% DEPOSIT REFUND WILL BE RETURNED WITHIN 10 BUSINESS DAYS, For OfficelHRC use only HRC Approved: Date: or _"in kind" OFFICE: Date Received: Building/facility Requested: Requested Facility/Park: _ Available — Not Available Signed: Requested Staff: _ Available — Not Available Signed: Date of Notice to by City Council: Date Not Approved Reason: CC Revised 03/28/06 CC Approved 03/28106 P A\'Io J fm OdpkS d pECPEA Yorkville Parks & Recreation Dept. iIQJ 1107 S. Bridge St. Suite D Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: recreation @yorkville.il.us Administration Office: 301 E. Hydraulic St. Yorkville, IL 60560 630.553.4341 630.553.4347 fax Memo To: HRC From: Sue Swithin Date: 7-13-07 / Cc: file, Dave lylogle i Re: Recommendation Trinity Church United Methodist is asking for their park fee ($65.00) to be waived at the Riverfront Park, July 22"d, 2007. The event will be for church members. The recommendation from the Parks and Recreation Dept. is to not waive the fee, since the event is for church members, and not the community at large. The individual submitting the form has already paid the security deposit and the rental fee, per policy. Please contact Dave Mogle or me regarding your decision. Thank you, Sue 1 STANDARD APPLICATION FOR SHELTERS, GAZEBOS, AND PARKS RESERVATION UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT RESERVATION REQUESTS SHALL BE APPROVED BEGINNING ON THE FOLLOWING DATES: SPRING SEASON.( MARCH-MAY) FEBRUARY 15- SUMMER SEASON (JUNE-AUGUST) APRIL I S° FALL SEASON (SEPTEMBER- NOVEMBER) JULY 15" P TE TYPE OF GROUP REQUESTING USE BY CIRCLING THE APPROPRIATE CATEGORY CATEGORY A GOVERNMENT AND NON-PROFIT ORGANIZATION WHICH ARE LOCATED WITHIN THE UNITED CITY OF YORKVILLE CATEGORY B PRIVATE GROUPS AND INDIVIDUALS WHO ARE COMPRISED OF PREDOMINATELY WT LEAST SO%) UNITED CRY OF YORKVILLE RESIDENTS CATEGORY C BUSINESS OR CORPORATIONS WHICH ARE LOCATED WITHIN THE UNITED CITY OF YORKVILLE BOUNDARIES CATEGORY D GOVERNMENTAL AND NON-PROFIT ORGANIZATIONS WHICH ARE LOCATED OUTSIDE THE UNITED CITY OF YORKVILLE BOUNDARIES CATEGORY E PRIVATE GROUPS AND INDIVIDUAL WHO DO NOT FALL INTO THE PREDOMINATELY RESIDENT CLASSIFICATION (CATEGORY B) CATEGORY F BUSINESS OR CORPORATIONS WHICH ARE LOCATED OUTSIDE OF THE UNITED CITY OF YORKVILLE BOUNDARIES GROUP OR INDIVIDUAL NAME J/, r // f J I/''' nCONTACTPERSON / Vf' j1 Gs%/M/ ADDR•ESSSj,//j •7 y //.J•. V/t HOME PHONE WORK r PHONE LOCATION REQUESTED '[' f.P/ j l E4 0./ 77 w 00 DATE J_ ok N / l/ BEGIN TIME D[} y y/ END VTIME ' 1 PURPOSE L//AO L »y/S/9 All / L J-f O/F 1OLr—. t6W CIt vir SPECIAL USE REQUESTS (CONCESSION, WATER, ELECTRICAL, OTHER) EXPECTED ATTENDANCE OR VISITORS TO YOUR EVENT PLEASE NOTE' PUBLIC SAFETY MAY REQUIRE ADDITIONA POLICE PRESENT PENDING THE TYPE OF EVENT AND ATTENDANCE THIS MAY RESULT IN AN ADDITIONAL FEE A55E55ED TO THE GROUP FOR THIS SERVICE) WILL YOU BE SELLING ANY PRODUCTS, FOOD, OR MISCELLANEOUS ITEMS?YES (PLEASE EXPLAIN) NO SECURITY DEPOSITS WILL BE FORFEITED IF THE PARK, SHELTER OR GAZEBO IS NOT RESTORED TO THE ORIGINAL STATE, ALL LITTER REMOVED, OR IF DAMAGE OCCURS AS A RESULT OF MISUSE OR ABUSE TO THE,UNITED CITY OF YORKVILLE PARK AND RECREATION EQUIPMENT OR PROPERTY, INSPECTIONS WILL BE COMPLETED FOLLOWING YOUR EVENT BY A UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT STAFF. INDIVIDUALS MAY BE ASSESSED ADDITIONAL CHARGES FOR EMENDING TIMES PAST THE SCHEDULED RESERVATION. I HAVE READ FOLLOW ND BIDE TO RUL A-D R GULATIONS S F BY THE U ED CRY OF YO ILLE. 4 ATE I IN ORD R C MPLETE Eq THE OLLOWING DOC MENTS MUST BE FORWARDED TO THE RE EATI DEPARTM NT: GROUPS AND ORGANIZATIONS) -A CERTIFICATE OF INSURANCE CO-NAMING THE UNITED CITY OF YORKVILLE AS AN ADDITIONAL INSURED, ASSUMPTION OF LIA6ILITY AND WAIVER OF SUBROGATION. OFFICIAL USE ADDITIONAL INFORMATION REQUESTED n I I A rl RESERVATION AMOUNT A4'1 f 12-16 I DEPOSIT AMOUNT($I Oc v DO /It m _ f//a/c DATE OF REQUEST (0-;Ll-01 DATERECEIVED &-OZ/—a7 1-12 -62- STAFF INITIALS/// ,,,,,,// D L APPROVED/DENIED REFUND REQUESTED LOCATION ASSIGNED CONCESSION STAND, MERCHANT LICENSE APPLICATIONS NEEDED: YES/ NO HEALTH DEPARTMENT PERMIT NEEDED: YES/ NO t4 K.0 A^1• -t-- (u"-a t/jux4- 7 3 o v REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORKVILLE PLEASE NOTE: All requests inust be received by the City Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event for submittal to the Yorkville Hunan Resource Commission (HRC), which meets on the third Wednesday of each month. For example: if you)- event is to be held on September 15`h, your request should be in the City office no later than June 30`x' to be considered at the July HRC meeting. Requests are limited to $250 per year, per organization r... Event fl.. yy Date/Time: / / C/ Location:fi Y 1( Name of Organization L 7_ 1L Gl` /, {iZ m! / Address Z 00 Skldlt EX 14 e City r(/,4!f kl /_ V State zip S,KG' Phone:Fax: Name of Contact Peison/Title e LE_1 — 12 Approximately how many Yorkville residents does your organization serve each year? What is the purpose of your organization? 5440&L/4a How does our orgganization benefit the Yorkville community? Z d(/>` GJLy(/ / t.2(,4}z' /Y Is your event considered to be (please check all that apply): yy/ Fine Arts Sports Community _Scouting /VReligion-based Other non-profit Who will benefit from the funds raised? Youths _ Adults , Seniors _ Disabled persons _ Please check one. Cash of ' In Kind" If cash, amount requ sted: If "In Kind," are you in need of Staff? Yes No If yes, number of hours Time: 1l lORBuildingspaceNameofCityfacility/park to be used ya/y%/f I& 1 v CGYG/Z PLEASE NOTE: If requesting staff time or use of building facilities/park, both are subject to availability on the date you have chosen. DEPOSIT FEES WILL NOT BE WAIVED. IF FACH41TIES ARE RETURNED TO SAME CONDITION AS BEFORE USE, 100% DEPOSIT REFUND WILL BE RETURNED WITHIN 10 BUSINESS DAYS, For OffIce1HRC use only HRC Approved: Date:or _."in kind" OFFICE: Date Received: Building/facility Requested: Requested Facility/Park: _ Available _ Not Available Signed: Requested Staff: _ Available _ Not Available Signed: Date of Notice to by City Council: Date Not Approved Reason: CC Revised 03/28/06 CC Approved 03/28/06 PePkSI pFCPE Yorkville Parks & Recreation Dept,4IGN 201 W. Hydraulic St. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: recreaton @yorkville.il.us Memo To: HRC From: Sue Swithin Date:426-07 Cc: file, Dave Mogle, Barb Reisinger Re: Chamber Request I was asked to pass this request to HRC for approval. The Chamber is asking for in-kind services only, pertaining to security and traffic control. This does not relate to the Park and Recreation Department, therefore it might need to be passed on to the Police Dept. We have had conversations with the Chamber and reminded them that the Park and Recreation Department Staff will not be available for any assistance for their event, nor will any extra park equipment be available. Everything will be used at Beecher Park for the Hometown Days Festival. They do not seem to be asking for Park Rental fees to be waived. However, maybe HRC would call them to verify this. Please let me know the outcome and what was approved, and I will contact the Chamber. Thank you, Sue 1 REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORKVILLE PLEASE NOTE: All requests must be received by the City Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event for submittal to the Yorkville Human Resource Commission (HRC), which meets on the third Wednesday of each month. ' For example: if your event is to be held on September 15`t', your request should be in the City office no later than June 30 to be considered at the Judy HRC meeting. Requests are limited. to $250 Per year, Per organization Event i Ve r M i a h -E Date/Time: A"o_o 7 / . -IOn Location: ` s r'er-Qc n t tCac le, Name of Organization UorVul I i e Ace N c ha rn h e r of Ce nn rvn e_c e e, Address llj, U) • CQLn „+r jS-1'— ('LW 1 City j ri; ui We State IL, Zip jeo>. Phone: tr3v 55'3 - Fax: ((eao 51;.; - ahoP Name of Contact Person/Title '-hPrr l parleu s a Vc n}S Cao rcl2 nl to r 3 ob b; 43. S*' Y- , 51ce LL++ 4 D r rc ck-o Approximately how many Yorkville residents does your organization serve each year? & .*-3 e c Qmm ,i,,,n What is the purpose of your organization? Zo 5 er v e d NA _ C iiz Co onA6 . vin C k2 n') -1-. e- 'S How does your organization benefit the Yorkville community?To Ag h 4 v'. nrss lea Ae m Lp LmA rhYY ofi E'. C? -k:lyDrrl'IIL iIUGnaSS x`. 11 mite-_1hQrm eA ICSues Is your event considered to be (please check all that apply): 0 Fine Arts _Sports Community _Scouting Religion-based Otberinon-profit Who will benefit from the funds raised? Youths //Adults iSeniors 4'Disabled persons z— — Please check one: Cash or d-'In Kind" If cash, amount requested: $ If "In Kind," are you in need of Staff? 1-! es No If yes, number of hours .6 Time: ecuri +j F': cot, -rrvl OR Building space Name of City facility/park to be used rRl r e r -moron+Pa ckc, PLEASE NOTE: If requesting staff time or use of building faciliNes/park, both are subject to availability on the date yolt have Chose,,. DEPOSIT FEES WILL NOT BE . WAIVED. IF FACILITIES ARE RETURNED TO SAME CONDITION AS BEFORE USE, 100% DEPOSIT REFUND WILL BE RETURNED WITHIN 10 BUSINESS DAYS, For Office/HRC use only HRC Approved: Date: or _"in kind" OFFICE:_ Date Received: Building/facility Requested: Requested Facility/Park: _ Available _ Not Available Signed: Requested Staff: ._ Available . Not Available Signed: Date of Notice to by City Council: Date Not Approved Reason: CC Revised 03/28/06 CC Approved 03/28/06 `,'�D C/Ty Reviewed By: Agenda Item Number it O p 1 T Legal ❑ EST. 1836 Finance F]1 Engineer ❑ Tracking Number O I� li City Administrator ❑ Consultant ❑ ow aCC) 1'1 <CEcw��Y� ❑ Agenda Item Summary Memo Title: Request for Mechanical Amusement Device License for Sawmill Pizza Meeting and Date: Committee of the Whole/ City Council 8/28/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve license for Sawmill Pizza, subject to approval by the city's zoning department and also the Kendall County Health Department. Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Please see attached information. Staff recommendation is to approve license. J`�•��o oJr o United City of Yorkville Memo '° 800 Game Farm Road Est. , 1838 Yorkville, Illinois 60560 Telephone: 630-553-4350 ° Fax: 630-553-7575 SCE Date: August 23,2007 To: Mayor and City Council From: Lisa Pickering,Deputy Clerk Subject: Request for Mechanical Amusement Device License The Clerk's Office is in receipt of an application for a mechanical amusement device license. The business applying for the license is Sawmill Pizza located at 227 Heustiis in Yorkville. I have included a copy of the current mechanical amusement device code for the city(see attachment#1). Section 3-4B-2 states that a license is required to operate,maintain, or conduct a billiard table, pool table or pinball machine or amusement device open to the public. Section 3-4B-4 states that all applications for licenses required by this article must be investigated to make sure the business is in compliance with the city's ordinances and also the Kendall County Health Department's ordinances. The applicant is in the process of getting their license from the health department. Approval of the mechanical amusement device license can be subject to receiving health department approval and also approval from the city's zoning department. Section 3-4B-5 states that the application for license, when filed, shall be referred to the City Council which shall issue or cause to be issued to the applicant a license. Section 3-4B-6 states that the business must be located in a B-2 General Business District or B-3 Service Business District. The business is located in a B-3 zoning district. Staff recommendation is to approve the license, subject to approval by the city's zoning department and also the Kendall County Health Department. AC�I �� Ct�t i I United City of Yorkville Memo 0 0'" 800 Game Farm Road EST , 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 C ® � ~ Fax: 630-553-7575 <LE Date: August 23, 2007 To: Mayor and City Council From: Lisa Pickering, Deputy Clerk Subject: Mechanical Amusement Device Code ARTICLE B. MECHANICAL AMUSEMENT DEVICES 3-413-1 : DEFINITIONS : When used in this Article, the following words and terms shall have the meanings herein ascribed to them: MECHANICAL AMUSEMENT DEVICE: Any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skillball, mechanical grab machines, pistol ranges, baseball games, bowling games, tennis games and any and all devices referred to as arcade equipment, and all games and operations similar thereto under whatever name they may be indicated. It shall also include those amusements operated by remote control , whether or not actuated by insertion of a coin. For purposes of this Section, the term "mechanical amusement devices" shall not include mechanical devices commonly known as "kiddie rides" or "carnival amusement rides" designated for child or adult amusement rides or music machines. PINBALL: A game played with any number of balls or spheres upon a table or board having holes, pockets or cups into which such balls or spheres may drop or become lodged , or having arches, pins and springs, or any of them, to control , deflect or impede the direction or speed of the ball or spheres in motion by the player. (Ord . 1978-4, 4-27- 78) TAVERN: Any place of business whose chief or principal function is the sale or dispensing of alcoholic beverages, and not chiefly or principally in the business of selling food , as measured by gross sales of food compared to gross sales of alcoholic beverages. (Ord . 1979-20, 11 -15-79) 3-413-2 : LICENSE REQUIRED : No person shall operate, maintain or conduct a billiard table, pool table or pinball machine or amusement device open to the public without first having obtained a license therefor as herein provided . (Ord . 1978-4, 4-27-78) 3-4121-3: LICENSE FEE : A. The annual fee for any license required by this Article shall be twenty dollars ($20 .00) for each table, machine or mechanical amusement device. (Ord . 1978-4, 4-27-78; 1994 Code) B . If, at the time application is made for a license required by this Article and less than six (6) months of the current license year shall have expired, the full fee shall be charged for any such pool table, billiard table, pinball machines or amusement devices. If more than six (6) months of such current year shall have expired, a license fee of one-half (1 /2) the full fee shall be charged for such billiard table, pool table, pinball machine or mechanical amusement device for such portion of the current license year that shall remain unexpired . (Ord . 1978-4, 4-27-78) 3-4B-4: INVESTIGATION OF APPLICANT: A. All applications for licenses required by this Article, when filed, shall be referred to the City Building and Zoning Officer to assure compliance with the applicable building, zoning and housing ordinances of the City 70 , and no license shall be granted to any applicant at any location unless and until the City Building and Zoning Officer shall have first certified that the proposed location complies with the applicable building, zoning and housing ordinances of the City. B. Upon receipt of any application for license required by this Article, the City Clerk shall forward such application to such other appropriate agencies or administrators as may be affected , including but not limited to the Local Liquor Control Commissioner if liquor is to be sold upon the premises where such pinball machine or mechanical amusement device is to be held and to the Kendall County Health Officer if food is to be dispensed upon the premises. No license shall be issued until such agency or administrator, as the case may be, shall have certified that the intended location of the place of business is in compliance with all other applicable ordinances. (Ord . 1979-20, 11 -15-79) 3413-5 : ISSUANCE OF LICENSE ; RESTRICTIONS: The application for license required by this Article, when filed , shall be referred to the City Council which shall issue or cause to be issued to such applicant a license authorizing the keeping, conducting or operating of such billiard tables, pool tables or pinball machines, as the case may be, at the place described in such application, for and during the term of such license. A license shall not issue, however, to the following person or persons: A. A person who has been convicted of a felony under the laws of the State of Illinois; B. A person whose license issued under this Article has been revoked for good cause; C. A person who, at time of application for renewal of any license issued under this Article, would not be eligible for such license upon first application; D. A partnership, unless all of the members of such partnership shall be qualified to obtain a license; E. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; F. A person who does not own the premises for such a license, unless said person has valid lease for the full period for which the license is to be issued; G. A person who has been convicted of any crime or misdemeanor involving moral turpitude. (Ord . 1978-4, 4-27-78) 3-413-6: LOCATION RESTRICTIONS : A. In accordance with the provisions of the Zoning Ordinance of the City under no circumstances shall a license be issued for the operation of any billiard table, pool table, pinball machine or mechanical amusement device business unless such parlor or business is located in a B-2 General Business District or B-3 Service Business District classification. (Ord . 1978-4, 4-27-78) B . No license shall be granted to any place of business under this Article to operate, maintain or conduct a billiard table, pool table or pinball machine or amusement device for the use of minors which is within three hundred feet (300') of any school or tavern. (Ord . 1979-20 , 11 -15-79) 3413-7 : HOURS OF OPERATION : All places of business licensed under this Article, with the exception of those places holding liquor licenses 72 shall be closed and kept closed each night from twelve o'clock ( 12 :00) midnight until eight o'clock (8:00) A. M. the following morning . (Ord . 1978-4, 4- 27-78) 3-4B-8 : MINORS : A. Minors Prohibited : Minors under the age of twenty one (21 ) shall not, under any circumstances, frequent, loiter or go or remain in a place licensed hereunder for the sale of liquor. It shall be unlawful for the proprietor or manager of such place so licensed for the sale of liquor to allow or permit these minors to frequent or loiter or remain within the premises or designated area in which said pinball machines, amusement devices or billiard tables are located . (Ord . 1978-4, 4-27-78; 1994 Code) B . Manager in Attendance: Every place of business that permits minors to play billiards, pool, pinball machines or mechanical amusement devices shall have in attendance, as a manager or operator of such place of business, a responsible person of good moral character, who is the age of twenty one (21 ) years or more. (Ord . 1979-20, 11 - 15-79) 3413-9 : MANUFACTURERS OR DISTRIBUTORS : No manufacturer or distributor or any other person shall sell, lease, supply or deliver any billiard table or pool table, pinball machine or amusement device to any premises within the City unless the owner or lessee thereof shall first obtain and display to the manufacturer or distributor a current, valid City license for such table or machine or mechanical amusement device. (Ord . 1978-4, 4-27-78) 3=4B-10 : REVOCATION OR SUSPENSION OF LICENSE: A. The Mayor may revoke or suspend any license issued by the City Council if the Mayor determines the licensee has violated any of the provisions of this Article or is convicted of a felony or any crime or misdemeanor involving moral turpitude. However, no such license shall be sold , revoked or suspended except after a public hearing by the Mayor with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend . All such hearings shall be open to the public and the Mayor shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Mayor has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days; except, that if such licensee shall also be engaged in the conduct of another business or businesses on a licensed premises, such order shall not be applicable to such other business or businesses. B . All orders of suspension or revocation by the Mayor and following hearing shall, within forty eight (48) hours from the date of entry of such order, be served upon the licensee. All orders of the Mayor regarding suspension or revocation of a license shall be appealable to the Circuit Court or such other court as provided by law. (Ord . 1978-41 4-27-78; 1994 Code) 3-4B-11 : PENALTY: Any person guilty of a violation of this Article in operating, maintaining or conducting a billiard table, pool table, pinball machine or amusement device open to the public, without first having obtained a license therefor as provided herein, shall be guilty of a Class A misdemeanor, and shall upon conviction, be subject to penalty as provided in Section 1 -4-1 of this Code. (Ord . 1979-2 , 1 -11 -79; 1994 Code) Co. Reviewed By: Agenda Item Number l� 0T Legal ❑ 1 l {L��f: Finance F-1 esr. ysas Engineer ❑ y rn City Administrator ❑ Tracking Number °ate �O Consultant ❑ r Ken&NLOwiy CE Human Resources F-1 City Council Agenda Item Summary Memo Title: Library Tax Discussion City Council/COW/ Committee Agenda Date: COW August 28, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 2l�ED C1r® United City of Yorkville Memo J '" 800 Game Farm Road ESL ,:. 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553 -4350 0;P L Fax: 630-553 -7575 <LE Date: August 23, 2007 To: Committee of the Whole From: Bart Olson, Interim City Administrator CC: Subject: Library Tax Citizen Questions Last week, the City received a phone call from a resident who was objecting to the City library building (2-year) tax. This resident moved into a house that was newly built less than two years ago and prior to that had lived in a municipality with a library district. This resident is requesting that the City remove the two-year supplemental levy from their tax bill. I told the resident that short of an error on the tax bill, that I could not remove a levy from their tax bill. In order for a removal of a tax on a tax bill, I need some direction from the committee. The supplemental library tax was applied to everyone in 2007 for taxes that should have been collected in 2006, and for taxes that would normally be collected in 2007. Because taxes are one year in arrears, the taxes collected are actually for the years of 2005 and 2006. This means, that anyone who has moved into a new home post 2005 is paying taxes in the supplemental levy for one year in which they were not using the library services. Pending direction from the City Council, we could authorize the County Clerk's office to proceed with removing the taxes for these individuals. However, doing so would result in a revenue shortfall for the library bond payments with no method for recapturing that lost revenue. It is my recommendation not to remove taxes from the tax bill for the reasons stated above, but the decision is up to the Council. O VI O 'Il O VI "I O ^ Q '' O M I N V� d �C) y�V� VWI V` V °.� C R Vi ti C V V Vi N N OA M b a0 O� 31 y N P d ^I O V b M N VS M Vi N N Vf !A (H � N b9 9 b9 di Vi fA b9 b9 0 e U 9 0 F 5 y 0 v 9 e a a � e e a p°p O1 ti w N rn w 5 .y YO O O O O O O O O O O O O o S a C � u' m 0/J pew V N U 4z � w It f�1 O C n F c O 4 N d m ti C V 'C C � 2, Q ors' ey ^ .`1 3 ti $ S `EJ O C y F d C O d S s 0 v q e N h L N b Y N Vl V N d V N M V N N b 9 v d z z z z a 'w tz 'w 'w .r U U 4 4 4 q E� (� -il a E iJC aotSf - 33 �® e,�y� United City of Yorkville Memo 800 Game Farm Road EST - 1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-8545 Fax: 630-553-3436 Date: August 9, 2007 To: Mayor and City Council Cc: Lisa Pickering, Deputy Clerk From: Travis Miller, Community Development Director Subject: Plan Commission Actions August 9,2007 April 9, 2007 Meeting Minutes—Approved May 11, 2007 Meeting Minutes—Approved July 11, 2007 Meeting Minutes—Approved PC 2007-28 Jake Land Group—Shoppes South of the Fox Annexation,Zoning and Concept PUD (Public Hearing) Motion to recommend approval of annexation—8 yes; 0 no Motion to approve rezoning to PUD—3 yes; 5 no Motion to approve Concept PUD Plan subject to staff comments—2 yes; 6 no Concerns noted at the meeting regarding the Concept PUD Plan included: - Density—the residential density proposed at 5 units per acre in the townhome portion of the PUD plan were considered to be too high; - Traffic Circulation—concern the traffic flow within the plan did not serve all portions of the plan adequately; - Buffer—substantial fencing along the east portions of the PUD should be included to protect the Block property from debris entering their property which could be harmful to livestock and adjacent to the Yorkville Hill Landscaping property; - Tree canopy preservation—concern this has not been adequately addressed by the PUD plan to best preserve the rural nature of the property; 1 `,,,OD C/T y Reviewed By: Agenda Item Number y T Legal ❑ Finance ❑ i� EST. , _ leas Engineer ❑ ~ y City Administrator ❑ Tracking Number O Consultant ❑ 9�Dj�CE` y�2 Human Resources ❑ PC 2007-24 City Council Agenda Item Summary Memo Title: Kalant Development Rezoning (R-2 to B-2) and Development Agreement Meeting and Date: COW/CC August 28, 2007 Synopsis: Request for rezoning one parcel on the northwest corner of Route 47 and Center Street from R-2 to B-2. Development Agreement including provisions for signage and water connection/well abandonment. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report, draft development agreement, letter from IDOT regarding access to Route 47 and proposed site plan .`�So ciT o United City of Yorkville Memo 2 1:) 0 1 I '^ 800 Game Farm Road EST �� 1336 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 g Ko C °?{AIL E ,yV Date: July 10, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-24 Kalant Development Re-Zoning Request Background: The Plan Commission is scheduled to review this request and make a recommendation July 11 , 2007. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the property recommends Traditional Neighborhood. The `Design Guidelines' are listed below for this Land Use: • Any development or redevelopment shall conform to all City regulations regarding their use • As most development will be redevelopment of existing sites, the distinct character of the (Transitional Residential) Neighborhood will be vulnerable to change. Therefore, all development must be carefully designed to fit the character of its existing surroundings. • Existing residential and commercial uses should be preserved. Residential properties fronting on arterial streets may be used for professional or service offices, or for small retail shops consistent with the character of such uses in the downtown area. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. 1 d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) Staff Comments: 1 . The B-2 zoning classification requested is appropriate and supported by the Comprehensive Plan for this property. 2. The use proposed will be within the existing structure and therefore have a minimal architectural impact on the surrounding character. 3 . Allowable signage should be more restrictive than that allowable within the B-2 zoning classification to ensure the property remains in context with the surrounding neighborhood. • Recommend requiring the following signage regulation not within the current sign ordinance in the form of a Development Agreement between the City and the Petitioner. 1 . No signage may be internally illuminated; 2. No pole signs permitted on the property (one (1) wall and/or one (1) ground sign only) 3 . Maximum sign area of any sign shall be no more than thirty-two (32) square feet. 4. The existing structure will encroach the B-2 required setback from Route 47 by 14.83 feet. (30 feet is required per Ordinance 10-7C-4B1 and 15. 17 feet exists). Upon approval of a zoning change, the building will be considered a legal non-conforming structure. The building may be used, however, should anything happen to the building, a new building could not be built within the footprint of the existing building without first obtaining a variance. 2 p5 roe 1 °t _ red 1 j 70 rlu ° 60' 60 05 A g 506 0 b b o � R 5 S g 4 b1 301 )1 3 30 JO> 0 30 30 9 305 ° - e � p 907 R 30 70 R 70 70 � R +a The Date Is prodded without warranty or any representation of United City of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibllityotthe Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,compleeness,em Provided By Kendall County GIS appmpdsteneea of its use.The United City of Zkdila makes no warranties,expressed or implied,to the use of the Data. DEVELOPMENT AGREEMENT 'Kalant' This Development Agreement, hereinafter referred to as "Agreement", is made and entered into this day of , 200, by and between, Don Kalant and Hitesh Patel, hereinafter referred to as "OWNER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER is the Owner of certain real property, hereinafter referred to as the "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is located at 101 W. Center Street in Yorkville and consists of approximately .3 acres; and WHEREAS, the OWNER seeks a zoning amendment to allow for uses permitted within the B-2 zoning classifications to exist on the property; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, the Agreement shall control. ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Site Plan attached hereto and incorporated herein as Exhibit `B". The well located on the property shall be abandoned in accordance with the rules and regulations of the Kendall County Health Department. The petition shall be allowed to tap on to the City water service located on Center Street. ARTICLE III SIGNAGE PROVISIONS The OWNER agrees to the following signage regulation: No signage on the property may be internally illuminated; No pole signs are permitted on the Property Two (2) wall signs or in the alternative One (1) wall and/or one (1) ground sign may be permitted on the Property; Maximum sign area of any sign on the Property shall be no more than thirty-two (32) square feet for each sign and be pursuant to the Concept Sketch attached hereto and incorporated herein as Exhibit "C" ARTICLE IV EFFECTIVE DATE The Recitals set forth above are deemed to be material covenants and entitlements under this Agreement. The Covenants and Variances granted as to the setback requirements pursuant to this agreement shall be treated as covenants running with the land and the Successors, Heirs, and Assigns. The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. CITY: OWNER: UNITED CITY OF YORKVILLE, Don Kalant and Hitesh Patel an Illinois municipal corporation By: By: Title: Mayor Attest: Attest: Title: City Dated: Dated: p s ® Fj=C**K €ToeARmi — se $ • k tl �fr�q I�}Yfl Y '. 4 s� 7;��1 O J S � .tea � � F 2 � � d U' � •� �S � � k� ��g� � m9 4 E�° �i i }w' j qty } tEE J EE8 °ami5 J Yy �' 3c8 k8 �w g�gY9 p€ g°€ f 6g § § 139`US 3•JOWS Wr 3uno i SIONI1II) a IN ® 5 8 4 �Ito- CO 9 .I aw N goo I g 3 \I § 2 8g t g4g�j i Oo ;g m 33 r 'kill $gx9x �uc d CV � zal TI ti z" obi g : " ` > z ! I JIM �g a3ss 8 �3 a W §, gRa ¢ fig'--#111 °-o� � r � i � a � _ illll m g i `s zw W g Q9 3� g'� eege � g •p 0 e s i 0 ' ^li 9 B i x , € 3 All" pa 8 i1 11 $ i ® 133211S BOONS z I s $ w w !1f0 SIONIIO L y Oz • — "a °tai wtawxrnYaw ,.vmw.mr " \ � �� F e a g $ 0 Oc FAA ll II la , e 3 w to § o. FI ' is a i N � I � � cat �� g 3 • E '9Ae. 8s a @ @@ j �Q i6 � 9 @3 ~ E gi18 ll 11 g Ittl ! 6t! Nicillig ;A .! 1 a WR q [ ® asS z E3�A le8Y8 ! i 3 a ( 9 $ z. ! 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Illinois Department of Transportation Division of Highways / Region 2 / District 3 700 East Norris Drive / Ottawa, Illinois ! 61350-0697 Telephone 815/434-6131 May 3, 2007 a & Associates Attn Richard Scheffrahn WCdfeTptt Joliet, IL 60436 Route: Illinois 47 Location: North of Center Street County: Kendall Permit Log: L-10877 Dear Mr. Scheffrahn: A review of your plan to remove/replace an entrance at the above mentioned location has been completed and we offer the following. 1 . Minimum 8" of bituminous required for entrance pavement. 2. Minimum entrance width is 241 . 3. Please be informed that the right of way line for the future widening of Illinois 47 will be within 2' of the current home/office building. If you have any questions, please contact Rich Ballerini, Permit Section Chief, at 815-434-8490 and reference permit log L-10877. The office circulation process reviews IDOT construction projects as a first priority. This process can take six to eight weeks. Sincerely, George F. Ryan, P.E. Deputy Director of Highways, gion Two Engineer y li By: Dan L. Mestelle, P.E. Program Development Engineer ,peso C/r y Reviewed By: Agenda Item Number \ 2 1 O J a ,-1;9 L T Legal ❑ c;u L esr. � 1836 Finance ❑ 1 Engineer ❑ Tracking Number < u! City Administrator ❑ O �� 9� O Consultant ❑ EDC 2007-30 y<k.E ��' ❑ Agenda Item Summary Memo Title: Tuscan Plaza—Redevelopment Agreement Amendment—Developer Note Provision Meeting and Date: COW/CC/August 28, 2007 Synopsis: Gary Cervelli/Tuscan Plaza has requested to amend the current Tuscan Plaza Re- Development Agreement to include a provision allowing a Developer Note be utilized. Allowance of a Developer Note has been requested by Cervelli's lender (Amcore Bank) to provide credit enhancing evidence of the City's obligation to reimburse the Developer as described in the current Redevelopment Agreement. Council Action Previously Taken: Date of Action: May 8, 2007 Action Taken: Redevelopment Agreement Approved Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached `First Amendment to the Redevelopment Agreement' (item 1), draft ordinance approving the I"amendment(item 2) and the `Redevelopment Agreement' (item 3) approved May 8,2007 (executed May 11, 2007) for your reference. Item 1 FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA THIS FIRST AMENDMENT to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated this _ day of August, 2007, by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (the "City") and Tuscan Plaza, Inc., an Illinois corporation (the "Developer") amending that certain Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated May 117 2007, by and between the Village and the Developer (the "Original Agreement"). PREAMBLES WHEREAS, in 2006, the United City of Yorkville, by its Mayor and City Council ("Corporate Authorities"), adopted the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4-1 et seq.) (the "TIF Act") for the Yorkville Downtown Redevelopment Project Area, a redevelopment project area as defined by the TIF Act; and, WHEREAS, pursuant to the TIF Act the Corporate Authorities are empowered to induce the development and redevelopment of properties within a designated redevelopment project area through the reimbursement of eligible redevelopment project costs as defined by the TIF Act; and, WHEREAS, pursuant to its powers under the TIF Act, the Corporate Authorities approved the Original Agreement which provided for reimbursement of eligible redevelopment Project Costs in an amount not to exceed $ 1,833,000 in connection with a project to be undertaken by the Developer at 201 , 203 and 205 Bridge Street (the "Subject Property") which included the following components (hereinafter the "Project"). (a) demolition of the existing structure which is obsolete for current retail purposes; (b) construction of a three story brick building with retail on the first floor street level and ten residential condominiums on each of the second and third floors; Item 1 (c) construction of twenty-nine (29) underground parking spaces accessed by an elevator conveyance system for automobiles and equipped with ventilation, heat, drainage and a fire suppression system; and, (d) construction of a roof top garden. WHEREAS, the commitment on the part of the Corporate Authorities to reimburse the Developer for eligible redevelopment project costs was based upon the Developers representation that "but for" such assistance the Project could not be undertaken; and, WHEREAS, the Developer has now requested that the City issue "Developer's Notes" evidencing the City's obligation to reimburse the Developer as aforesaid, it being understood that said Developer's Notes would be issued upon demonstration that the Developer has expended the eligible redevelopment cost and that the Developer's Notes would be payable solely and only from 75% of the Incremental Taxes (as defined in the Original Agreement) derived from the Subject Property and the Project; and, WHEREAS, the Developer has advised the City that the Developer's Notes shall be assigned to a lender as additional collateral for any loan undertaken by the Developer, thereby enabling the Developer to obtain sufficient financing for all costs to be incurred in connection with the construction and completion of the Project. NOW, THEREFORE, for and in consideration of the foregoing Preambles and the mutual covenants hereinafter set forth and the mutual covenants set forth in the Original Agreement, the parties agree as follows: Section 1. Incorporation. . The recitations set forth in the Preambles hereto are material to this Agreement and are hereby incorporated into and made a part hereof as if fully set forth in this Section 1 and said recitations constitute the understandings of the City and the Developer. Revised August 16, 2007 2 Item 1 Section 2. Amendment of Section 2. The Original Agreement is hereby amended by deleting paragraphs B, C and D of Section 2 thereof and replacing it with the following: "B. On or before September 30, 2007, the Developer shall deliver to the City a commitment for financing an amount sufficient to undertake and complete development of the Project. C. On or before November 30, 2007, the Developer shall have obtained all required permits and approvals and have commenced construction of the Project in accordance with the approved permits. D. On or before December 31 , 2008, the Developer shall have completed construction of the Project and have obtained a certificate of occupancy for the street level first floor of the structure." Section 3. Amendment of Section 4. The Original Agreement is hereby amended by deleting paragraph C. of Section 4 thereof and replacing it with the following: "C. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten (10) days following approval by the City of payment of such Redevelopment Project Costs) provided that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefore in the Developer Sub-Account. To the extent money in the Developer Sub-Account is insufficient to reimburse the Developer for Redevelopment Project Costs, the City shall evidence its obligation to reimburse the Developer for Redevelopment Project Costs (other than Interest Costs) by the execution and delivery of one or more notes, which Notes shall be deemed obligations issued by the City pursuant to the TIF Act. The Note shall be in the form attached hereto as Exhibit A. THE NOTES SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY, NOR Revised August 16, 2007 3 Item 1 SHALL THEY BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. ALL NOTES SHALL BE PAYABLE SOLELY FROM TAX INCREMENT DEPOSITED FROM TIME TO TIME IN THE DEVELOPER SUB-ACCOUNT. All notes shall be secured by a lien on and a pledge of those monies deposited from time to time in the STAF to be paid to the Developer or their assignees. The principal balance of each Note shall bear interest at a per annum rate equal to the prime rate on the issue date of such Note or at a per annum rate equal to the interest rate then being paid by the Developer to finance the costs of the Project. "Prime rate" is defined as the per annum rate of interest published as the "prime rate" by the Wall Street Journal on the issue date of the Note. All notes shall mature on or before the Termination Date, as hereafter defined. Monies available to pay principal and interest obligations on outstanding Notes shall be applied first to the earliest dated of the outstanding Notes and thereafter to all subsequently dated outstanding Notes with the most recently dated Notes being paid last. Notwithstanding the foregoing, if money is not available in the Developer Sub-Account to reimburse the Developer for Redevelopment Project Costs and the reason therefor is that the Developer or its successors in interest has not paid real estate taxes on the Subject Property, when due and owing, the City shall not be required to issue a Note on amounts representing such unpaid real estate taxes." D. Monies distributed from the Developer Sub-Account to reimburse the Developer for Redevelopment Project Costs (including Interest Costs and Notes) as provided above shall be applied in the following priority: (i) First, to Interest Costs eligible for reimbursement pursuant to this Agreement, subject to the limitations contained in the TIF Act; provided if in any year during the term of this Agreement the Developer is not fully reimbursed for all eligible Interest Costs, the Developer shall be reimbursed first in subsequent years for unreimbursed Interest Costs that Revised August 16, 2007 4 Item 1 have accrued from prior years and shall be reimbursed second for eligible Interest Costs for the then current year. There shall not accrue any interest on Interest Costs. (ii) Second, to pay interest accruing due on outstanding Notes in the order of the date of issue, as provided in this Agreement. (iii) Third, to pay principal due on outstanding Notes, in the order of the date of issue, as provided in this Agreement. Section 4. Restatement. All other terms and conditions set forth in the Original Agreement are hereby restated as if fully represented herein. Section 5. Counterparts. This 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. Revised August 16, 2007 5 Item 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at the United City of Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Tuscan Plaza, an Illinois corporation By: President Attest: Secretary Revised August 16, 2007 6 Item 1 Exhibit A NOTE UNITED CITY OF YORKVILLE, KENDALL COUNTY SPECIAL TAX INCREMENT REVENUE NOTE (Note No. ) Downtown Yorkville Tax Increment Redevelopment Project Area $ , 200_ WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF Act, the Corporate Authorities, designated a Redevelopment Project Area and approved a Redevelopment Plan for the redevelopment of the Redevelopment Project Area; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF Act, the Corporate Authorities approved tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, on May 11 , 2007, the City and Tuscan Plaza, Inc. ("Developer"), entered into a certain redevelopment agreement (the "Redevelopment Agreement') which was thereafter amended on 2007, the "First Amendment"); and, WHEREAS, pursuant to the Redevelopment Agreement and the First Amendment, the City has agreed to reimburse the Developer for Redevelopment Project Costs incurred by the Developer in connection with or as a result of the redevelopment of certain portions of the Redevelopment Project Area. NOW, THEREFORE, the City, by and through the Corporate Authorities, covenants and agrees as follows: 1 . Incorporation of recitals and definitions of terms. The foregoing recitals are incorporated into this Note as if they were fully set forth in this Section 1 . All capitalized terms, unless otherwise specifically defined herein, shall have the meanings given them in the Redevelopment Agreement and First Amendment. Revised August 16, 2007 7 Item 1 2. Promise to pay. Subject to the limitations contained in the Redevelopment Agreement and the First Amendment, the City promises to pay to the order of the Developer, or their legal assignees in accordance with the terms of this Note, the principal sum of $ , together with interest on the balance of such principal sum outstanding from time to time at the rate of percent L_%) (the interest rate shall be as described in Section 4(c) of the First Amendment.) 3 . Pledge of and lien on, Incremental Taxes deposited in the STAF. THIS NOTE SHALL BE PAYABLE FROM AND SECURED BY A PLEDGE OF, AND LIEN ON, INCREMENTAL TAXES DEPOSITED FROM TIME TO TIME IN THE DEVELOPER SUB-ACCOUNT. SUCH PAYMENT, PLEDGE AND LIEN SHALL BE SUBJECT AND SUBORDINATE ONLY TO THE PRIOR PAYMENTS, PLEDGES AND LIENS PROVIDED FOR IN THE REDEVELOPMENT AGREEMENT AND THE FIRST AMENDMENT. 4. Payments. Payments on account of the indebtedness evidenced by this Note shall be made as set forth below, subject to the limitations contained in the Redevelopment Agreement and the First Amendment, including, without limitation, the requirement that Incremental Taxes be available for such purpose. All principal and interest amounts then outstanding shall be due and payable, subject to the remaining provisions of this Section 4, on or before the earlier of the Termination Date as defined in the Redevelopment Agreement or the twentieth (20`h) anniversary date of this Note (the "Maturity Date"). Payments on the principal balance and interest obligations of this Note shall be due in each year during which payments are or remain due to the Developer on the STAF Allocation Date to the extent monies are in the Developer Sub-Account and is available for such purpose. Payments on this Note shall continue, subject to the terms hereof, until all principal and interest obligations due hereunder have been satisfied in full. Notwithstanding anything to the contrary contained herein, this Note shall be canceled automatically on the first to occur of the date when all obligations are met under the Redevelopment Agreement and the First Amendment; the Termination Date; or, the twentieth anniversary of the date of issuance. Payments on this Note made from monies deposited in the Developer Sub- Account shall be applied first to reduce all interest due on this Note and then to the outstanding principal balance. Payments made under this Note shall be in the amount of all monies in the Developer Sub-Account to the extent that said monies are available, as provided for in the Redevelopment Agreement and the First Amendment, to reimburse the Developer for the sums due hereunder. To the extent the City executes and delivers other Notes pursuant to the terms of the Redevelopment Agreement and the First Amendment, payments of interest obligations coming due on such other Notes shall be made prior to the payments of interest obligations coming due on this Note and payments of principal coming due on such other Notes shall be made prior to the payment of principal coming due on this Note, if such other Notes are dated as of a date which is earlier than the date of this Note, and such obligations shall continue to be of force and effect, with respect to each of such Revised August 16, 2007 8 Item 1 earlier dated Notes, until all principal and interest obligations coming due on such Notes have been satisfied in full by the City. 5. Place of payment. Payments made under this Note by the City shall be made by check payable to the order of the Developer and mailed to the Developer at such address as the Developer may designate in writing from time to time. 6. Limited obligation of the City. THIS NOTE IS NOT SECURED BY THE FULL FAITH AND CREDIT OF THE CITY AND IS NOT PAYABLE OUT OF THE CITY'S GENERAL REVENUE FUND. THIS NOTE CONSTITUTES A LIMITED OBLIGATION OF THE CITY, AND ALL PAYMENTS DUE UNDER THIS NOTE SHALL BE PAYABLE SOLELY FROM INCREMENTAL TAXES THAT ARE AVAILABLE FOR SUCH PURPOSE UNDER THE PROVISIONS OF THE REDEVELOPMENT AGREEMENT. FAILURE OF THE CITY TO REIMBURSE DEVELOPER FOR REDEVELOPMENT PROJECT COSTS DUE TO INSUFFICIENT FUNDS GENERATED WITHIN THE DEVELOPER SUB-ACCOUNT SHALL NOT BE DEEMED A DEFAULT OF THIS NOTE ON THE PART OF THE CITY. 7. Default. If Incremental Taxes are available to make any payment required by this Note, and if the City thereafter fails to make such payment, the City shall be deemed to be in default under this Note. After any default, the Developer may bring an action in any court of competent jurisdiction to enforce payment of this Note, provided that the Developer shall have first given the City notice of its intent to bring such action and thirty (30) days to cure any such default. Failure of the Developer to exercise its right to bring an action to remedy a default hereunder shall not constitute a waiver of its right to bring an action to remedy any subsequent default. 8. Miscellaneous. (a) If any provision of this Note is found by a court of competent jurisdiction to be in violation of any applicable law, and if such court should declare such provision to be unlawful, void or unenforceable as written, then it is the intent of the City and the Developer that such provision shall be given full force and effect to the fullest possible extent that is legal, valid and enforceable, that the remainder of this Note shall be construed as if such unlawful, void or unenforceable provision was not contained herein, and that the rights, obligations and interests of the City and the Developer shall continue in full force and effect. (b) Upon endorsement, assignment or other transfer of this Note by the Developer or by operation of law, the term "Developer" as used herein shall mean such endorsee, assignee, or other transferee or successor of the Developer then becoming holder of this Note. This Note shall inure to the benefit of the Developer, its successors and assigns and successor holders of this Note, and shall be binding upon the City and its successors and assigns. Notwithstanding the foregoing, this Note shall be fully assignable by the Developer to any lender who financed the development of the Project. With the exception of any such lenders and any assignee which is owned by the same Revised August 16, 2007 9 Item 1 persons or entities as the Developer, this Note may only be assigned by the Developer to others with the prior written consent of the City. (c) Any notice, request, demand, instruction or other document to be given or served hereunder shall be addressed, delivered and deemed effective as provided in the Redevelopment Agreement and the First Amendment. (d) The provisions of this Note shall not be deemed to amend the provisions of the Redevelopment Agreement or the First Amendment in any respect. To the extent of any conflict or inconsistency between the provisions of the Redevelopment Agreement; the First Amendment; and, the provisions of this Note, the Redevelopment Agreement shall in all instances supersede and control. This Note is executed as of the date first written above. United City of Yorkville, an Illinois municipal corporation By: Its Mayor Attest: City Clerk Revised August 16, 2007 10 Item 2 Ordinance No. ORDINANCE APPROVING THE FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA (TUSCAN PLAZA) WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City constituting a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, the City received a proposal from Tuscan Plaza, Inc., for the redevelopment of property within the Yorkville Downtown Redevelopment Project Area located at 201 , 203 and 205 Bridge Street as a mixed use, three-story structure with retail on the fast floor, 20 condominiums on the second and third floors and 29 underground parking spaces (the "Project"); and, WHEREAS, the Developer demonstrated to the City that this Project requires extraordinary expenses to accomplish the Project including demolition of the existing building and construction of underground parking with an elevator to transport the vehicles to such parking, and, but for financial assistance from the City, the Project is not economically viable; and, Item 2 WHEREAS, in order to induce the Developer to undertake the development of the Project, on May 8, 2007, pursuant to Ordinance No. 2007-40, the Corporate Authorities approved a Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (the "Original Agreement") providing, among other things, for the reimbursement of certain eligible redevelopment Project costs under the Act to the Developer; and, WHEREAS, in order to obtain financing for the Project, the Developer has requested the City to issue "Developer's Notes" to evidence the amount of reimbursable Project costs due to the Developer pursuant to the Original Agreement from the incremental real estate taxes to be derived from the Project, which Developer Notes shall be assigned by the Developer to the lender as additional collateral to the lender. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the First Amendment to the Redevelopment Agreement for the Downtown Redevelopment Project Area as presented to this meeting and attached to this Ordinance, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said First Amendment and undertake all actions as may be required to implement its terms. ADOPTED this day of , 2007. APPROVED: Mayor AYES: NAYS: ABSENT: Attest: City Clerk Item 3 200 7001 115432 Filed for Record in - KE14DALL COUNTY . ILLINOIS PAUL, ANDERSON 05-11-2007 At 11 :34 am . STATE OF ILLINOIS } ORDINANCE 60 . 00 RHSP Surcharse 10 , 013 )ss COUNTY OF KENDALL } THIS IS A COVER PAGE FOR RECORDING PURPOSES ONLY Item 3 Ordinance No. ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT FOR TFiE DOWNTOWN REDEVELOPMENT PROJECT AREA (TUSCAN PLAZA) WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorlod1le Downtoiam Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4- 1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, the City received a proposal from Tuscan Plaza, Inc., for the redevelopment of property within the Yorkville Downtown Redevelopment Project Area located at 201 , 203 and 205 Bridge Street as a mixed use, three-story structure with retail on the first floor, 20 condominiums on the second and third floors and 29 underground parking spaces (the "Project"); and, WHEREAS, the Developer has demonstrated to the City that this Project requires extraordinary expenses to accomplish the Project including demolition of the existing building and construction of underground parking with an elevator to transport the vehicles to such parking, and, but for financial assistance from the City, the Project is not economically viable; and, Item 3 WHEREAS, in order to induce the Developer to undertake the development of the Project, the Corporate Authorities have determined that it is in the best interest of the City and the health, safety, morals and welfare of the residents of the City for the City to provide financial assistance to the Developer as set forth in the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area attached hereto and made a part hereof, because the development by the Developer of the Project is in the best interests of the City and the health, safety and welfare of its residents and taxpayers; because the development by the Developer shall provide job opportunities for the residents of the City; enhance the tax base of the City and other taxing districts; and, add to the overall prosperity of the City. NOW, THEREFORE, DE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Redevelopment Agreement for the Downtown Redevelopment Project Area as presented to this meeting and attached to this Ordinance, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement and undertake all actions as may be required to implement its terms. ADOPTED this day of 2007. APPROVED: Mayor AYES: NAYS: ABSENT:'Attest: Item 3 ;nrlvilldCamcicvelo Item 3 REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA THIS AGREEMENT dated as of the I t day of May, 2007, by and between the United City of Yorkville, If.endall County, Illinois, a municipal corporation (hereafter the "City") and Tuscan Plaza, Inc., an Illinois corporation (hereafter the "Developer"). WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on .June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (hereinafter the "Redevelopment Plans") was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a `redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4-1 et seq) (hereinafter referred to as the "Act"); and, WHEREAS, pursuant to the TIF Act, the Corporate Authorities are empowered to undertake the development and redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a "conservation area" as defined in Section 11 .74..4.4-3(a) of the Act as in the case of the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, the Corporate Authorities have determined that the blighting factors which are readily observed in the Yorkville Downtown Redevelopment Project Area are detrimental to Item 3 the public and impair redevelopment of this area of the City, with the result that it is necessary to incur extraordinary costs in order to see it redeveloped and revitalized. The blighting factors in the Yorkville Downtown Redevelopment Project Area will continue to impair growth and redevelopment but for the use of tax increment allocation financing to pay Redevelopment Project Costs (as defined in Section .3 of this Agreement) which necessarily must be incurred to implement a program of redevelopment; and, WHEREAS, pursuant to the Act and in furtherance of the Redevelopment Plan, the City desires to enter into a Redevelopment Agreement with the Developer who has acquired the building located at 201 , 203 and 205 Bridge Street (the "Subject Property") which Redevelopment Agreement shall provide for the redevelopment of the Subject Property to include the following: (hereinafter the "Project"): (a) demolition of the existing structure which is obsolete for current retail purposes; (b) construction of a three story brick building with retail on the first floor street level and ten residential condominiums on each of the second and third floors; (c) construction of twenty-nine (29) underground parking spaces accessed by an elevator conveyance system for automobiles and equipped with ventilation, heat, drainage and a fire suppression system; and, (d) construction of a roof top garden. WHEREAS, in order to induce the Developer to undertake the development of the Project, the Corporate Authorities have determined that it is in the best interest of the City and the health, safety, morals and welfare of the residents of the City for the City to provide financial assistance to the Developer as hereinafter set forth because the development by the Developer of the Project pursuant to this Agreement is in the best interests of the City and the health, safety and welfare of its residents and taxpayers; because the development by the Developer shall 2 Item 3 provide ,job opportunities for the residents of the City; because the development by the Developer shall enhance the tax base of the City and other taxing districts and shall add to the prosperity of the City; and, WHEREAS, the Developer warrants that without the financial assistance pursuant to the terms and conditions hereinafter set forth, the Developer would not proceed with the Project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section .l. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Redevelopment Agreement and are hereby incorporated into and made a part of this Redevelopment Agreement as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section I Cot:ditior:s Precedent to the Obligations of the City. A. The Developer represents and warrants that the Developer has acquired fee simple title to the Subject Property and within thirty (30) days of the execution of this Agreement, shall submit a budget for the Project stating the total cost of the Project, including landscaping, fencing and signage (the "Budget ) demonstrating an investment by the Developer of an amount in excess of $6,500,000. B. Within thirty (30) days of execution of this Agreement, the Developer shall deliver to the City a commitment for financing in an amount sufficient to undertake and complete development of the Project. 3 Item 3 C, On or before August 31 , 2007, the Developer shall have obtained all required pen-nits and approvals and have commenced construction of the Project in accordance with the approved permits. D. On or before August 31 , 2008, the Developer shall have completed construction of the Project and have obtained a certificate of occupancy for the street level first floor of the structure. Section .3. Undertakings on the Part of the City. Upon completion and satisfaction by the Developer of all of the actions hereinabove set forth, the City shall undertake the following: A. The City shall, subject to the limitations hereinafter set forth, reimburse the Developer for "Redevelopment Project Costs," as hereinafter defined and categorized on Exhibit A attached hereto, incurred by the Developer in connection with the development of the Project until the first to occur: termination of the benefits of the T1F Act as provided by law; or, (ii) receipt by the Developer of S1,8.33,000A0 in eligible Redevelopment Project Costs as hereinafter defined. B. For purposes of this Agreement, "Redevelopment Project Costs" shall mean and include all costs defined as "redevelopment project costs" in section 11-74.4-3(q) of the TIP Act which are eligible for reimbursement under the TIF Act. The City shall reimburse the Developer for Redevelopment Project Costs pursuant to this Agreement only from amounts on deposit from time to time in the Developer Subaccount of the STAF, as defined below. Monies deposited from time to time in the Special Tax Allocation Fund of the City (the "Special Tax Allocation Fund" or the "STAF°'), established by the City pursuant to Ordinance No, 2006-48 will be used for the following purposes: 4 Item 3 (i) On October 1 of each year [or, if later, that date which is ten (10) days following the date upon which the City receives Incremental Taxes (as defined below) from the second installment of real estate taxes (the "STAF .R11ocation Date")], seventy- five percent (75%) of the monies credited to the STAF with respect to the Subject Property during the period from the inunediately preceding STAF Allocation Date to, but not including, the current STAF Allocation Date shall be transferred and deposited in the Developer Subaccount of the STAF (which Subaccount shall be automatically created by the ordinance approving this Agreement) and used solely to reimburse the Developer for Redevelopment Project Costs in accordance with this Agreement. (ii) Amounts in the Developer Subaccount of the STAF shall be used solely to reimburse the Developer for Redevelopment Project Costs in accordance with this Agreement. THE CITY'S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES DEPOSITED IN THE DEVELOPER SUBACCOUNT OF THE STAF FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. As used in this Agreement, `Incremental Taxes" shall mean the amount in the STAF equal to the amount of ad valorem taxes, if any, paid in respect of the Redevelopment Project Area and its improvements which is attributable to the increase in the equalized assessed value of the Subject Property and its improvements over the initial equalized assessed value of the Subject Property. Section 4. Procedures for and Application of Reimbursement to the Developer. Item 3 A. The Developer has advanced all funds and all costs necessary to (i) acquire the Subject Property, construct all of the required infrastructure for the Project and construct the Project; and, (ii) undertake all other matters eligible for reimbursement pursuant to this Agreement in connection with the foregoing. B. To establish a right of reimbursement for a specific Redevelopment Project Cost under this Agreement, the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibit B (a "Request for Reimbursement") setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The City shall have thirty (30) days after receipt of any Request for Reimbursement from the Developer to recommend to the City Treasurer approval or disapproval of such Request and, if disapproved, to provide the Developer, in writing and in detail, an explanation as to why the City is not prepared to recommend such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that inadequate documentation has been provided to substantiate such expenditure; that it was not incurred and completed by the Developer in accordance with all applicable City Code requirements and the provisions of this Agreement, including without limitation, all approved permits; or, that $1 ,833,000.00 has been paid to the Developer. It is hereby agreed that the Developer may exceed the amount per category as listed on Exhibit A so long as the total amount to be reimbursed pursuant to this Agreement does not exceed $ 1 ,833,000. The parties acknowledge that the determination of R.edeveIopment Project 6 Item 3 Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all amendments to the TIF Act both before and after the date of this Agreement, and all administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. C. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten ( 10) days following approval by the City of payment of such Redevelopment Project Costs); provided that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefor in the Developer Subaccount of the STAF. To the extent money in the Developer Subaccount is insufficient to reimburse the Developer for Redevelopment Project Costs, such Request for Reimbursement shall be held for payment on the following STAF Allocation Date, Section S. Undertakings on the Part of Developer. A. The Developer covenants and agrees that the Project shall result in a private investment of no less than $6,500,000. & The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to its operation including all real estate taxes assessed against the Subject Property or any other location in the City owned or controlled by the Developer. Section 6. Terrn. Unless earlier terminated pursuant to Section 19, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029 (the "Termination Date"). 7 Item 3 Section 7. Trerification of Tax Increment. The Developer shall use its best efforts to cooperate with the City in obtaining certified copies of its real estate tax bills payable in 20075 and paid in each subsequent year during the term of this Redevelopment Agreement, Section 8. No Liability of City .for Others for Developer 's Expenses. The City shall have no obligation to pay costs of the Project or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or materialman providing services or materials to the Developer for the development of the Project. Section 9. Tin=e; Force Majeure. Time is of the essence of this Redevelopment Agreement, provided, however, a party shall not be deemed in material breach of this Redevelopment Agreement with respect to any obligations of this Redevelopment 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, labor trouble (whether legal or illegal), civil disorder, weather conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party's agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same 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 8 Item 3 of tile Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure, Section 10. Assignment. This Redevelopment Agreement may not be assigned by the Developer without the prior written consent of the City, which consent shall not be unreasonably withheld.. Section IL Developer 's 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 any third-party claims made against the City as a result of the failure of the Developer or any contractor, subcontractor or agent or employee thereof (so long as such contractor, subcontractor or agent or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer or materialmen; from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor or 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, at its own expense, satisfy and discharge the same. The paragraph shall not apply, and 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. 9 Item 3 Section 12. Waiver. Any party to this Redevelopment 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 Redevelopment Agreement.. Section 13. Severability. If any section, subsection, term or provision of this Redevelopment 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 Redevelopment 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: 14. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Redevelopment 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 (3`d) 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. Tuscan Plaza, Inc. With a copy to: Melissa S. Barnhart Pilmer & Barnhart 215 Hillcrest Avenue P. O. Box 367 Yorkville, Illinois 60560 To the City: United City of Yorkville 800 Game Farm Road 10 Item 3 Yorkville, Illinois 60560 Attention: City Administrator With a copy to. Katlileen Field Orr Katlileen Field Orr & Associates 180 North Michigan Avenue, Suite I040 Chicago, Illinois 60601 Section 15. Successors in Interest. This Redevelopment Agreement shall be binding upon and inure to the benefit of the parties to this Redevelopment Agreement and their respective successors and assigns. Section 16. No Joint Venture, Agency or Partnership Created. Neither anything in this Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section 17. Warranties and Covenants of the Developer. A. The Developer hereby covenants and agrees to maintain good standing as an Illinois corporation throughout the term of this Redevelopment Agreement. B. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be lawfully assessed against the Center with regard to its operation including all real estate taxes assessed against the Project or any other location in the City owned or controlled by the Developer. C. The Developer covenants and agrees that at all times it shall comply with all applicable zoning ordinances and regulations, building code, fire code and all other City ordinances, resolutions and regulations. 11 Item 3 D. The Developer hereby covenants and agrees to comply with all applicable laws, rules and regulations of the State of Illinois, the United States and all agencies of each of them having jurisdiction over it. Section 18. No niscrintination — Construction. The Developer for itself and its successors and assigns agrees that in the construction of the improvements at the Subject Property provided for in this Redevelopment Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.. The Developer agree to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section 19. Remedies — Liability. A. If, in the City's judgment, the Developer is in material default of this Redevelopment Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer's part to fulfill its obligations under this Redevelopment Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until thirty 12 Item 3 (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such thirty (30) day 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 Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment 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 Redevelopment 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 Redevelopment 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 Redevelopment Agreement. If 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, to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is nor required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Redevelopment Agreement under this Section, the City's sole obligation shall be to record, in the office of the Kendall County Recorder, a Certificate of 13 Item 3 Default, executed by the Mayor of the City or such other person as shall be designated by the City, stating that this Redevelopment Agreement is terminated pursuant to the provisions of this Section, in which event this Redevelopment Agreement by virtue of the recording of such certificate, shall ipso facto automatically become null and void and of no further force and effect.. C. If, in the Developer's judgment, the City is in material default of this Redevelopment 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 Redevelopment 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 by its nature such default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day 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 constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the Developer in asserting any of their 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 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. D. 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 Redevelopment Agreement, either at law or in equity, 14 Item 3 including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon 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 hereunder, 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 Redevelopment Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other party because of a breach of any Redevelopment Agreement or obligation contained in this Redevelopment Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. E. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, 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. Section 20. Antendrnent. This Redevelopment Agreement, and any exhibits attached to this Redevelopment Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest. Except 15 Item 3 as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof. Section 21. Counterparts. This Redevelopment 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. 16 Item 3 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illniois municipal corporation By: Mayor Attest: City Clerk Tuscan Plaza, an Illinois corporation By: Pre 'd t Attest: 1 . cretaty l yml"IINuamcdNelop.ngm Item 3 Exhibit A Eligible Redevelopment Project Costs- Site Work — General Condition $762000.00 Surveyor $22,000.00 Soil Engineering $271000.00 Excavation $822000.00 Demolition $72,000.00 Sewer and Water $ 1295000.00 Architectural $3532000.00 Conveying System $ 161 ,000.00 Roof Top Garden $662000,00 Railroad Fees $ 14,000.00 Parking Lot $297,000.00 Masonry $124,000.00 HVAC (Garage Only) $55,000.00 Plumbing $637000.00 Fire Protection $44,000.00 Electrical $655000.00 Legal $457000.00 Marketing $38,000.00 Interest $100.000.00 Total $1 ,833,000,00 18 Item 3 Eddbit B REQUEST FOR RELMELRSEM14 NT City of Yorkville Yorkville, lllinols 61490-9999 Re: Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated by and between the City of Yorkville, an Illinois municipal corporation, and Tuscan Plaza Inc., an corporation (collectively the "Developer") Dear Sir: You are requested to approve the disbursement of funds from the Sub-Account established by the City of Yorkville pursuant to the Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. 1 . Request for Reimbursement No.: 2. Payment Due to: 3. Amount to be Disbursed: 4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to this Request for Reimbursement. 5.. The undersigned certifies that: (i) the amounts included in 3 above were made or incurred or financed and were necessary for the project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represents a part of the funds due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developer's books and are set forth on the attached Schedule, with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developer for his funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer pursuant to the Agreement, is not in excess of $1 ,633,000; (vi) the Developer is not in default under the Agreement and nothing has occurred to the knowledge of the Developer that would prevent the performance of its obligations under the Agreement. 6. Attached to this Request for Reimbursement is Schedule # together with copies of invoices or bills of sale and Mechanic's Lien Waivers covering all items for which reimbursement is being requested. Tuscan Plaza, Inc, an corporation Date. By: APPROVED: City of Yorkville, an Illinois municipal corporation 19 Item 3 Legal Descriptions of Subject Property Parcel One (201 -203 Bridge): Lots 1 and 9 in Block I of Black's Addition to the Village of Yorkville, In the United City of the Village of Yorkville, Kendall County, Illinois. Parcel Two (205 Bridge): The north ''/� of Lots 2 and 10 in Block I of the Black's Addition to the Village of Yorkville, in the United City of the Village of Yorkville, Kendall County, Illinois. `�Eb /Ty Reviewed By: Agenda Item Number Legal -A± , Finance ❑ EST ,x.1836 Engineer ❑ Tracking Number 0 il4� uJ City Administrator ❑ 9 0- Consultant ❑ Agenda Item Summary Memo Title: Grande Reserve Park A Playground Equipment Recommendation Meeting and Date: COW,August 28, 2007 Synopsis: This item is an FYI. Grande Reserve Park A is a developer built park. Funds for the purchase of the playground will come from the developer. Attached are the RFP results for the playground and the recommended playground equipment. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: FYI item Submitted by: Dave Mogle, Director of ar s and Recreanon Name Department Agenda Item Notes: Five different manufacturers submitted proposals for the"tree-house" themed playground The Team Reil (Miracle Playground Equipment) design includes two 8' decks connected by a bridge, several slides, and ground level play features within the budgeted amount.. SII Structures submitted the recommended shelter design. The total expenditure will be $29,064 for the Team Reil playground and $7,556 for the shelter for a total of$36,620. y O G (0000 0 fro 00 fD co C 0 o M � � W N r 0 CO O d' R r r {pp cm 69 CL m 6e 69a 69 4T 6a 40 dv 0- Dp � to 7 U O CL u c ' 00000, 00 00 00 0000 p G C — A N 0 N n N W co � r N O O Iq r r r C 69 � � � 69 � ;! u o v 0 o O CL u c o p o p o p T N N N N N r Ln H > > > 7 7 N .O Z c c c c C c r 0 00 O 0 O 00 p O r 4b O o 0) T p m CO N N Nt r Y V' LO Ln w d ER !R (A M y 0 M O °c — N O o 00 p E G N N N N 1" N p I b 0 '0� ; > > > >�' 3 rn nr 64 F� O ' O o O O p 0 'O 'A O !D r E o 'a _0v ov � v � jai � @ .. > > > > > of n: t,: d. c C C c c �. h O N o 0 0 0 o 0 0 p n v r N O 0 0 p a. h co m n or V V0 (� 0 r N 0N- N EA N N NK M J C Q N Q N N IL cc 0 Z N cc L C = d C cw (D m E c a m o U m U N '� — tea me C J O vJ 0 O "O .0. — b E w � mecac� w a) :°. e Q V' d aQJcow3 a viP CI N ALO s, V W � �7 \ LL ) � k \ / \ ) � ) \ f5 \ \ ® 4 @ 0 \ \ \ \ \ \ ci R / ) j ] % A ` [ \ / ) eq — � \ w ( m ~ � © L � K � � « . ( � a § § 0 < § 0 C/p, Reviewed By: Agenda Item Number J� a T Legal ❑ ��LR� � EST , - Finance 1836 ❑ Engineer ❑ Tracking Number City Administrator ❑ O Consultant ❑ Agenda Item Summary Memo Title: Grande Reserve Park B Playground Equipment Recommendation Meeting and Date: COW, August 28, 2007 Synopsis: This item is an FYI. Grande Reserve Park B is a developer built park. Funds for the purchase of the playground will come from the developer. Attached are the RFP results for the playground and the recommended playground equipment. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: FYI item Submitted by: Dave Mogle, Director o ar s an ecrea on Name Department Agenda Item Notes: Five different manufacturers submitted proposals for the"castle" themed playground. Parkreation (Little Tykes Playground Equipment) submitted the most creative castle theme which resembles the front of a castle and includes an oversized dragon. The shade structure (Shade Systems) is a large piece of fabric that will cover the picnic table. The recommendation is Parkreation's playground for$30,569 (includes dragon, tetherball, and swings), and shade structure for$5,496 for a total of$36,065. This is in the budget. T o s o :° v. D n m mf0 wow > jm 3 a — tp — tU N to p A y _ O O O O N 33 A N d C N N d N N 3 m M M N• N Z m CD 3 x M c N tp O O O M Vi t7 Q Q [i! N pt N NN _tN0 d. O. [l (a O mm th N N O O to M W co W W (O O o o o O ? W 54 0 n mmmm n N O N N A C1 O. CL O 3 0A N aaa ik N .a O O O 10 IM S" 0 0 O M V/ N O N w a s CL 0 3 No to to (Da a. a A �t A 01 n O N a CL o yi m y3 = m ?� CA en oN � AA " O N two to N .Op O - 7 C1 T A A t0 ' O O O 0 0 0 0 n d w a O H fA Cfl W CA a EA N fu ch tnN ON A W b to CO � ,Op Om M CA W ? to O O O O O 00 00 O p N M N O Wd W N N O N a A O! W H fD to (11 A O -V -1 7 M Co to A to Co r O O O O O O O fA A A (O] C i° aao. o C O aa a N 0 o° 00 O0MW CL o 0 CD M d! W dd W O' Hw N 7 'D w to to O N CA ->• N O NO NOf0 O O V V N N W Ot 7 Ot N O t0 -2m W O C7 O O O C O 0 o o A-rAC44V-JEEP-� X31 ,J U fill 4 r-�o�-►�c- �cEvJ P�AtCIL YIEN�/ AeTCi1vl�l 162- I F y. s `<0® C/;P.y Reviewed By: Agenda Item Number -Zo r Legal ❑ PS I EST. '� 1836 Finance ❑ Engineer ❑ ® ®, W City Administrator ❑ Tracking Number Consultant ❑ Human Resources ❑ P 4E City Council Agenda Item Summary Memo Title: Request to Amend Liquor License Ordinance Regarding Patio Licenses City Council/COW/Committee Agenda Date: COW and CC August 28,2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 8-22-07 Action Taken: Approved for COW agenda by PS committee Item Number: same Type of Vote Required: Majority Council Action Requested: Discussion, decision on a version of the ordinance, and approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: =`CEO cip o United City of Yorkville Memo 800 Game Farm Road EST. , .,1836 Yorkville, Illinois 60560 W4 Telephone : 630-553 -4350 o� Fax: 630-553 -7575 xenmteo-rny. `C1 <LE Date: August 23, 2007 To: Public Safety Committee From: Bart Olson, Interim City Administrator CC: Subject: Request to Amend Liquor License Ordinance Regarding Patio Licenses At the August 22"a Public Safety committee meeting, the committee gave consensus direction to a version of the patio liquor license code that addresses building code requirements in fence height. The memo that governed the discussion at Public Safety committee is attached. I have attached the two final versions of the amendment to code for patio liquor licenses, one of these versions still needs to be chosen by the committee. Version one contains a form of the ordinance that requires more information from the petitioner, and version two of the ordinance requires less information. Finally, the committee did not discuss the minimum fence requirement at the meeting — however, I took the liberty to add the minimum fence height of twenty-four inches based on my interpretation of the discussion at the August 14th COW meeting. This minimum fence height requirement is a policy decision for the City Council, and it may be amended at the meeting. 2`01% C/�o United City of Yorkville Memo J '" 800 Game Farm Road ESL ;: 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 ,p Fax: 630-553-7575 LEWN�fCWM1N �� Date: August 16, 2007 To: Public Safety Committee From: Bart Olson, Interim City Administrator CC: Subject: Request to Amend Liquor License Ordinance Regarding Patio Licenses As discussed at the August 14th COW meeting, fencing height requirements are governed by the building code when the fence serves as a "guard". Accordingly, any amendment to the liquor license section of the City code would have to reference the building code requirements on guards. I have attached a memo from Gary Williams, Assistant Code Official, which outlines the requirements of guard fences. I recommend that an amendment to the City code on patio licenses be referenced as follows: "Outdoor service and consumption of alcohol shall be in an identified cordoned-off or fenced area, which fence shall be not less than [height requirement chosen by committee] in height from grade, and shall be of such construction quality, security and aesthetic detail as approved by the City Liquor Control Commissioner. For fences governed by section 1003 .2. 12 and 1003 .2. 12. 1 of the International Building Code, the building code restrictions on minimum guard fence height of 42" shall apply." In addition to the above referenced policy discussion, the two ordinances prepared by Mike Roth for the August 10' City Council meeting are still up for consideration. The first version of the ordinance is more elaborate and contains some clauses and formatting not originally discussed the committee. The second version of the ordinance is less elaborate and more closely follows the explicit discussion that took place at the July Public Safety committee meeting. I feel that both versions of the ordinance accurately capture the intent of the committee and COW discussions; it is your choice on which to adopt. The final policy option discussion remains from the August 14`h City Council meeting. This final policy option is the quantity of allowable patio liquor licenses. This policy is accurately described by Deputy Clerk Pickering in the "PS 2007-29 Request for Patio License" agenda item. UNITED CITY OF YORKVILLE illlllllllllIIIIIII'l I In 111 1,111 !,1 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-5F AND 3-3-16 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 12007 Published in pamphlet form by the authority of the United City of Yorkville this day of , 2007. UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3-3-4-5F OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 - 1 , et seq., sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-4-517 of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-3-4-5 : OUTDOOR LIQUOR LICENSE: F: Restrictions: It shall be the affirmative duty of the license holder as a condition of the license to maintain and perform the following requirements: 1 . Presentation and continued maintenance of a certificate of insurance with the City for coverage of the outdoor service area, including all applicable dramshop insurance. 2. fl.A,7..er se..yiee and a ,...Tfien e f al... hol ..hall be h an ideiAi fie 7 eerdened e area, as approved by the City Liquor Centre! Cew.TAssiener. Theaffea m-ust 1;e, GA'Affied 2 or !eased by the lieeRse holder. This area ffrast be eevered by the insuTanee as state Outdoor service and consumption of alcohol shall be in an identified outdoor area: a. for consumption on the premises or in the outdoor area; b. owned or leased by the license holder; c. adjacent to the premises licensed; I in compliance with all setback requirements in the applicable zoning district, and such as shall not obstruct pedestrian or vehicular traffic; e. covered by the insurance as stated above; an d d. which shall be cordoned-off, by fence or building. Where the outdoor service area is cordoned off by a fence, the fence shall be not less than twenty-four inches (24") in height from grade, and shall be of such construction quality, security and aesthetic detail as is approved by the City Liquor Control Commissioner and as is consistent with the existing zoning and building ordinances of this Code. For fences govemed by section 100'3 .2. 12 and 1003 .2. 12. 1 of the International Building Code, the building code restrictions on minimum guard fence height of 42" shall apply." 3 . An outdoor permit application is required which shall include a detailed site plan showing all existing buildings, structures and objects on the outdoor licensed property, and the proposed location of each item to be placed within the outdoor service area including, but not limited to, any required fences, chairs, tables, lighting and serving stations, which shall be provided to and subject to approval by the City Liquor Control Commissioner. The outdoor service area shall be maintained in compliance with the approved site plan. Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent 3 jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MIJNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK C/53756.1 4 UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3-3-4-5F AND 3-3-16 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of , 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-5F OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 -1 , et seq., sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-4-5F of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-3-4-5 : OUTDOOR LIQUOR LICENSE: F: Restrictions: It shall be the affirmative duty of the license holder as a condition of the license to maintain and perform the following requirements: 1 . Presentation and continued maintenance of a certificate of insurance with the City for coverage of the outdoor service area, including all applicable dramshop insurance. 2. "Outdoor service and consumption of alcohol shall be in an identified cordoned-off or fenced area, which fence shall be not less than twenty-four inches 2 (24") in height from grade, and shall be of such construction lity,secur-ity and aesthetic detail as approved by the City Liquor Control Commissioner. For fences governed by section 1003 .2. 12 and 1003 .2. 12. 1 of the International Building Code the building code restrictions on minimum guard fence height of forty-two inches (42") shall apples Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK C/53756.2 4