Resolution 2014-13 Resolution No. 2014- 1.3
RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE AND COUNTRY HILLS YORKVILLE, LLC
(Country Hills Subdivision)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, Country Hills Yorkville, LLC ("Country") is a developer and builder, and
has purchased 27 vacant lots within Phase 1 and 2 of the Country Hills Subdivision which had
remained vacant for numerous years; and,
WHEREAS, Country has approached the City to propose beginning construction of
detached single family homes on the vacant 27 lots and that it needs to receive certain incentives
necessary to make the cost of construction of these single family homes competitive with other
builders in nearby subdivisions; and,
WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities") have
reviewed the desirability of constructing 27 new homes on the vacant lots in the Country Hills
Subdivision and have concluded that such construction would provide for economic
development thereby enhancing the tax base of the City and the other taxing districts, and add to
the wealth and prosperity of the City and its citizens; and,
WHEREAS, pursuant to Section 8-1-2.5 of the Illinois Municipal Code (65 ILCS 5/8-1-
2.5) (the "Act"), the Corporate Authorities are empowered to "appropriate and expend funds for
economic development purposes, including, without limitation, the making of grants to any other
governmental entity or commercial enterprise that are deemed necessary or desirable for the
promotion of economic development within the municipality"; and,
Resolution No.2014-13
Page 1
WHEREAS, the City is prepared to provide economic assistance to Country as
authorized by Section 8-1-2.5 of the Act through the reduction of certain permit and impact fees,
all as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the ECONOMIC INCENTIVE AGREEMENT BETWEEN THE UNITED
CITY OF YORKVILLE AND COUNTRY HILLS YORKVILLE, LLC, is hereby approved in the
form attached hereto and made a part hereof as Exhibit A and the Mayor and City Clerk are
hereby authorized to execute said proposal on behalf of the City.
Section 2: That this resolution shall be in full force and effect from and after its passage
and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
10 day of J u rJE. , 2014.
L&—Z"
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
l5 day of J V L-r 2014.
MA
Resolution No.2014-l3
Page 2
ECONOMIC INCENTIVE AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE AND
COUNTRY HILLS YORKVILLE,LLC
(Country Hills Subdivision)
THIS ECONOMIC INCENTIVE AGREEMENT dated as of the 15 day of
J[ALY , 2014, is by and between the United City of Yorkville, Kendall County,
Illinois, a municipal corporation (hereafter the "City") and Country Hills Yorkville, LLC, 1051
Frontenac Road,Naperville, Illinois, an Illinois limited liability company (hereafter"Country").
WITNESSETH:
WHEREAS, the City is a duly organized and validly existing non home-rule
municipality created in accordance with the Constitution of the State of Illinois of 1970 and the
laws of the State; and,
WHEREAS, Country as a developer and builder has purchased 27 vacant lots within
Phase 1 and 2 of the Country Hills Subdivision which had remained vacant for numerous years;
and,
WHEREAS, Country has approached the City to propose beginning construction of
detached single family homes on the vacant 27 lots and that it needs to receive certain incentives
necessary to make the cost of construction of these single family homes competitive with other
builders in nearby subdivisions; and,
WHEREAS, Country had advised the City that as a result of the construction of 27
single family homes that a total of$5,400,000.00 (27 x $200,000) in new assessed value will be
added to the tax base of the City; and,
WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities") have
reviewed the desirability of constructing 27 homes on the vacant lots in the Country Hills
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Subdivision and have concluded that such construction would provide for the economic
development thereby enhancing the tax base of the City and the other taxing districts, and add to
the wealth and prosperity of the City and its citizens; and,
WHEREAS, pursuant to Section 8-1-2.5 of the Illinois Municipal Code (65 ILCS 5/8-1-
2.5) (the "Act"), the Corporate Authorities are empowered to "appropriate and expend funds for
economic development purposes, including, without limitation, the making of grants to any other
governmental entity or commercial enterprise that are deemed necessary or desirable for the
promotion of economic development within the municipality"; and,
WHEREAS, the City is prepared to provide economic assistance to Country as
authorized by Section 8-1-2.5 of the Act through the reduction of certain permit and impact fees,
all as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants hereinafter set forth, the parties agree as follows:
Section 1: Incorporation. The representations and recitations set forth in the preambles
hereto are material to this Economic Incentive Agreement and are hereby incorporated into and
made a part hereof as though fully set forth in this Section 1 and said representations and
recitations constitute the understandings of the City and Country.
Section 2: Country's Commitments to the City. Country shall begin construction of
single family homes on the 27 lots and all building permits to be obtained within eight(8) years.
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Section 3: The City's Commitment to Country.
In consideration of Country's execution of this Economic Incentive Agreement and so long as no
notice of default has been issued and is outstanding, the City shall assess the following fees:
A. School Transition Fee $1,500.00
B. YBSD District Fee $1,400.00
C. Building Permit Fee $650.00 plus $0.20 per square foot
D. Water Connection Fee $3,700.00
E. Water Meter Cost $435.00
F. City Sewer Connection Fee $2,000.00
G. Water and Sewer Inspection Fee $25.00
H. Public Walks, Driveway Inspection Fee $35.00
I. Public Works Impact Fee $450.00
J. Police Impact fee $150.00
K. Municipal Building Impact fee $150.00
L. Library Impact Fee $150.00
M. BKFD Impact fee $250.00
N. Engineering Impact Fee $0.00
O. Parks and recreation Impact Fee $0.00
P. Parks Land-Cash $769.00
Q. School Land-Cash $853.00
R. South Water and Sewer Recapture $1,183.00
S. River Crossing Fee $150.00
All other fees shall be the amount then effective at the time the building permit is issued.
Section 4: Term.
This Economic Incentive Agreement shall commence upon its execution and shall
terminate December 31, 2019.
Section 5: Country Indemnification.
Country shall indemnify and hold harmless the City, its agents, officers and employees
against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs, and
expenses (including any liabilities, judgments, costs and expenses and reasonable attorney's
fees) which may arise directly or indirectly from the terms of this Economic Incentive
Agreement by Country; or from any negligence or reckless or willful misconduct of Country or
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any contractor, subcontractor, agent, or employee thereof (so long as such contractor,
subcontractor or agent or employee is hired by Country). Country 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.
Section 6: Severability.
If any section, subsection, term, or provision of this Economic Incentive Agreement or
the application thereof to any party or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of said section, subsection, term, or provision of this Economic
Incentive Agreement, or the application of same to parties or circumstances other than those to
which it is held invalid or unenforceable, shall not be affected thereby.
Section 7: Notices.
All notices, demands, requests, consents, approvals, or other instruments required or
permitted by this Economic Incentive Agreement shall be in writing and shall be executed by the
party, or an officer, agent, or attorney of the party, and shall be deemed to have been effective as
of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and
including the date of posting, if mailed by registered or certified mail, return receipt requested,
with postage prepaid, addressed as follows:
To the Developer: Steve Chirico
Country Hills Yorkville, LLC
1051 Frontenac Road
Naperville, Illinois 60540
With a copy to: Russ Whitaker
30 W. Jefferson Street
Naperville, IL 60540
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To the City: Bart Olson, City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
With a copy to: Kathleen Field Orr
Kathleen Field Orr&Associates
53 West Jackson Boulevard
Suite 964
Chicago, Illinois 60604
Section 8: Amendment.
This Economic Incentive Agreement may be amended only in a writing signed by all
parties with the adoption of a resolution of the City approving the amendment, as provided by
law and by execution of the amendment by the parties or their successors in interest. Except as
otherwise expressly provided herein, this Agreement supersedes all prior agreements,
negotiations, and discussions relative to the Project.
Section 9: Assignment.
This Economic Incentive Agreement may not be assigned without the written consent of
the City, which consent may not be unreasonably withheld.
Section 10: Counterparts.
This Economic Incentive Agreement may be executed in two counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois municipal
corporation
By:
Mayor
Attest:
X/� X//
City Clerk
Country Hills Yorkville, LLC,
an Illinois Limited Liability Company
By:
Its President
Attest:
Secretary
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Exhibit A
Legal Description of Property
Lots 41,42,48, 54,58,62,94,98, 99, 104, 108, 115, 119, 120, 121, 122, 123, 125, 126, 128, 141, 142,
143, 144 and 150 IN THE PLAT OF COUNTRY HILLS SUBDIVISION—PHASE II ACCORDING TO THE
PLATTHEREOF RECORDED DECEMBER 11, 2002 AS DOCUMENT 200200031248, IN THE CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
Lots 5 and 82 IN COUNTRY HILLS SUBDIVISION PHASE 1, ACCORDING TO THE PLAT THEREOFRECORDED
BEBRUARY 22, 1995 AS DOCUMENT 9501233 AND APRIL 27, 1995 AS DOCUMENT 9502890,TO THE CITY
OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
PIN LOT ADDRESS
05-04-403-005-0000 5 VACANT LOT IN PHASE I,YORKVILLE, IL
05-04-434-001-0000 41 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-04-434-002-0000 42 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-04-434-008-0000 48 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-09-205-010-0000 54 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-09-205-006-0000 58 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-09-205-002-0000 62 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-04-406-001-0000 94 VACANT LOT ON SUNNY DELLE COURT,YORKVILLE, IL
05-04-406-005-0000 98 VACANT LOT ON SUNNY DELLE COURT,YORKVILLE, IL
05-04-406-006-0000 99 VACANT LOT ON SUNNY DELLE COURT,YORKVILLE, IL
05-04-406-011-0000 104 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-04-406-012-0000 108 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-04-406-019-0000 115 VACANT LOT ON MEADOWLARK LANE, YORKVILLE, IL
05-04-406-023-0000 119 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-432-019-0000 120 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-432-018-0000 121 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-432-017-0000 122 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-432-016-0000 123 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-432-014-0000 125 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-432-013-0000 126 VACANT LOT ON MEADOWLARK LANE, YORKVILLE, IL
05-04-432-011-0000 128 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL
05-04-407-007-0000 141 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-407-008-0000 142 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-407-009-0000 143 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-407-010-0000 144 VACANT LOT ON MEADOWLARK LANE,YORKVILLE, IL
05-04-407-001-0000 150 VACANT LOT ON MEADOWLARK LANE, YORKVILLE, IL
05-04-402-006-0000 82 VACANT LOT ON GREENFIELD TURN,YORKVILLE, IL