Economic Development Packet 2015 04-09-15
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, April 9, 2015
6:00 p.m.
City Hall Conference Room
Citizen Comments:
Minutes for Correction/Approval: March 3, 2015
New Business:
1. EDC 2015-10 Building Permit Report for February 2015
2. EDC 2015-11 Building Inspection Report for February 2015
3. EDC 2015-12 Property Maintenance Report for February 2015
4. PC 2015-05 KBL Community Center (f/k/a Silver Fox Subdivision) – Special Use Request
5. EDC 2015-13 Ordinance Approving a Redevelopment Agreement for the Downtown Yorkville
Redevelopment Project Area – 226 S. Bridge Street
6. EDC 2015-14 B.U.I.L.D. Program
Old Business:
Additional Business:
2014/2015 City Council Goals – Economic Development Committee
Goal Priority Staff
“Downtown Planning and Development” 2 Bart Olson & Krysti Barksdale-Noble
“South Side Economic Development” 2 Bart Olson & Krysti Barksdale-Noble
“Comprehensive Plan Update” 11 Krysti Barksdale-Noble
“Fill Empty Commercial Storefronts” 19 Krysti Barksdale-Noble
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
UNITED CITY OF YORKVILLE
WORKSHEET
ECONOMIC DEVELOPMENT COMMITTEE
Thursday, April 9, 2015
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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1. March 3, 2015
□ Approved ________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. EDC 2015-10 Building Permit Report for February 2015
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. EDC 2015-11 Building Inspection Report for February 2015
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
3. EDC 2015-12 Property Maintenance Report for February 2015
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
4. PC 2015-05 KBL Community Center (f/k/a Silver Fox Subdivision) – Special Use Request
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
5. EDC 2015-13 Ordinance Approving a Redevelopment Agreement for the Downtown Yorkville Redevelopment
Project Area – 226 S. Bridge Street
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
6. EDC 2015-14 B.U.I.L.D. Program
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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ADDITIONAL BUSINESS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Economic Development Committee – March 3, 2015
EDC – April 9, 2015
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 2
DRAFT
UNITED CITY OF YORKVILLE
ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, March 3, 2015, 6:00pm
Yorkville City Hall, Conference Room
800 Game Farm Road
In Attendance:
Committee Members
Chairman Ken Koch
Alderman Carlo Colosimo
Alderman Joel Frieders
Alderman Diane Teeling
Other City Officials
City Administrator Bart Olson
Community Development Director Krysti Barksdale-Noble
Alderman Chris Funkhouser
Code Official Pete Ratos
Other Guests:
Tony Scott, Kendall County Record
Attorney Dan Kramer
The meeting was called to order by Chairman Ken Koch at 6:00pm.
Citizen Comments None
Previous Meeting Minutes February 3, 2015
The minutes were approved as read.
New Business
1. EDC 2015-07 Building Permit Report for January 2015
Mr. Ratos reported a total of 21 new permits for January including 5 B.U.I.L.D. permits and 11
commercial. Alderman Colosimo commented that he agreed with the Mayor that it was time to stop the
B.U.I.L.D. Program. He said the burden is on the taxpayers already living in Yorkville, impact fees are
waived and there are not enough funds in the budget. Mr. Colosimo proposed stopping the program
now instead of waiting until June. If a permit is pulled already, he said it should be honored. Ms.
Teeling said she agreed, but the legality of doing this should be ascertained. Ms. Barksdale-Noble said
two developers had been informed, but would not be prepared for this change until June. This matter
moves to the March 24th Council agenda for further discussion.
2. EDC 2015-08 Building Inspection Report for January 2015
Page 2 of 2
Inspections have been minimal due to the weather, said Mr. Ratos. No further comments.
3. EDC 2015-09 Property Maintenance Report for January 2015
Four citations were issued to an individual regarding a house south of the Shell gas station. The owner
had approached Mr. Ratos regarding the proper disposal of the house prior to tearing it down. Mr.
Ratos told him the materials should be taken to a proper disposal site due to possible toxic materials.
Instead, the owner knocked it down and burned it.
The violator plead liable to three of the citations. The fee charged was discussed and it was noted the
Hearing Officer has discretion within the established range. Mr. Ratos had recommended testing for
toxic materials and removal of the debris was ultimately done according to IEPA standards.
4. PC 2015-01 Heartland Business Center – PUD Amendment (Sign)
The City received a request from Heartland for a digital, ground-mounted sign to advertise for vacant
properties in that area. It would be located on lot #1 (owned by Mike and Denise's Pizza) which is non-
buildable and would advertise for that lot and ones in the back. Alderman Colosimo asked if a
covenant could be added that lot #1 not be built. Attorney Kramer advised against a covenant as a very
small business could locate there and would add to the tax rolls. In addition, when the Dairy Queen
sign goes off for the night, the sign for Mike and Denise's Pizza also goes dark.
By voice vote, the committee recommended approval for the sign and this matter moves to a Public
Hearing at City Council on March 24th.
5. PC 2015-03 Microdistilleries, Microwineries and Microbreweries/Brew Pubs-Code Amendment
Ms. Barksdale-Noble said the zoning ordinance was amended in 2010 to identify these breweries as a
permitted use in manufacturing districts and special use in business districts. No breweries started up,
but craft brewing has now become a major market and grew 18%. She said the time has come to
rectify and embrace this change in the ordinance and to allow the above categories as approved uses in
the two districts. Staff has recommended language revisions to accommodate these changes. Ms.
Noble reviewed language for tasting rooms, production standards, etc. She said there will be a Public
Hearing at the April 8th Plan Commission meeting and then it moves to City Council on April 28th.
Mr. Olson said a partner ordinance will come before the next Public Safety meeting and the owner of
the new business also wants to be able to sell retail bottles on-site.
The committee recommended approval.
Old Business: None
Additional Business:
It was noted that the upcoming Zoning Board of Appeals and Plan Commission meetings will be held
regarding the proposed amphitheatre recently brought forward. Even though the proposal has now
been pulled, the meetings must still be held since a public notice was published.
There was no further business and the meeting was adjourned at 6:23pm.
Minutes respectfully submitted by Marlys Young
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #1
Tracking Number
EDC 2015-10
Building Permit Report for February 2015
EDC – April 9, 2015
N/A
N/A
N/A
Informational
None
All permits issued in February 2015
D. Weinert Community Development
Name Department
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #2
Tracking Number
EDC 2015-11
Building Inspection Report for February 2015
EDC – April 9, 2015
N/A
N/A
N/A
Informational
None
All inspections scheduled in February 2015
D. Weinert Community Development
Name Department
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DATE
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-
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-
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-
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-
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DATE
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-
-
-
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-
-
-
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-
-
-
-
-
-
-
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-
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #3
Tracking Number
EDC 2015-12
Property Maintenance Report for February 2015
EDC – April 9, 2015
Informational Item
None
Pete Ratos Community Development
Name Department
Property Maintenance Report February 2015
Adjudication:
2 Cases heard in February
Case Number Offense Location Offense Outcome
02/02/2015
02/09/2015
02/18/2015
02/23/2015
N3110 102 W Fox Rd. Protective Treatment Continued 6/1/15
N3112 904 S Bridge St Property Mnt-Broken Window Dismissed-compliant
February Formal Complaints
1 Formal complaint received in February
2015-02-001 Freemont St. Trailer in driveway Notice of Violation sent
Memorandum
To: Economic Development Committee
From: Pete Ratos, Code Official
CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering
Date: February 24, 2015
Subject: February Property Maintenance
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #4
Tracking Number
PC 2015-05
KBL Community Center (formerly Silver Fox) – Special Use
EDC/April 9, 2015
Informational
Feedback
Special Use request for a community center and air-supported sports dome located
on Fox Road, between Pavilion Road and Ford Drive.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Background & Request:
The petitioner, KBL Community Center LLC, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting special use permit approval for the
construction and operation of a community center with an air-supported sports dome structure
within an existing R-2 Single Family Traditional Residence District. The property is located on
Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois.
Memorandum
To: Economic Development Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: April 1, 2015
Subject: Special Use for a Community Center with an air-supported
sports dome structure, located on Fox Road, between Pavilion
Road and Ford Drive.
The property was annexed pursuant to an
annexation agreement on August 8, 2006, see
attached, to the City of Yorkville by the Midwest
Development group. The property was zoned R-2
Single Family Residence District and is known as
the Silver Fox Development. The Property was
never developed, nor any other area included in
any one of four (4) additional developments, all
five collectively defined as the Southwest
Infrastructure Developments; Silver Fox, Chally
Farm, Evergreen Farm Estates, Aspen Ridge
Estates, and York Wood Estates.
The current owners of these properties are
currently in the process of amending each of the
annexation agreements as executed by each
member of the Southwest Infrastructure
Developments in order to remove all cross
contingencies and obligations on the condition that
all five owners of the Southwest Infrastructure
Developments agree to such amendments.
The petitioner is looking to construct 123,750 square foot community center with an air-
supported sports dome structure. The dome structure will be approximately 75 feet in height. A
2,700 square foot entry area with bathrooms/changing facility and small concessions will be
located at the northwest portion of the air structure and will act as the entry into the sports dome.
The air structure will be located near the northeast corner of the property with parking located
immediately to the west. The parking requirements for this facility are 253 stalls. The petitioner
will be providing 286 stalls, of which 7 will be ADA compliant. A large, 10-foot berm will be
located along the northerly property line to aid in the screening of the dome.
The property will continue to be used on well and septic until such time the proper
utilities reach the property line. Two stormwater management facilities will also be located on
the property. The first facility will be a dry basin and will be located at the northeast corner of
the property. The second facility will be a wet basin and will be located at the immediately south
of the proposed parking lot. This pond will have an existing water level which will be needed
for the water source for the proposed dry hydrants located on the property. The pump for these
hydrants will be located at the deepest point of the pond and will be maintained by the petitioner.
EXISTING CONDITIONS:
The existing zoning and land use for properties surrounding the subject property are as
indicated below:
Zoning Land Use
North Kendall County/Forest Preserve County Residences & Forest Preserve
East Kendall County Vacant/Farm Land
South Kendall County Vacant/Farm Land
West Kendall County Farmstead/Farm Land
SPECIAL USE CRITERIA:
Section 10-4-9F of the City’s Zoning Ordinance establishes standards for special use
requests. No special use shall be recommended by the plan commission unless said commission
shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and
impair property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are
being provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as
to minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the
district in which it is located, except as such regulations may in each instance be modified
by the city council pursuant to the recommendations of the plan commission.
The applicant has provided written responses to these special use standards as part of
their application and requests inclusion of those responses into the public record at the
May 13, 2015 Plan Commission meeting.
Staff Comments:
This proposed special use is scheduled to be discussed at Plan Council on April 9, 2015
and additional comments and conditions may be placed on the special use request. A public
hearing is scheduled on May 13, 2015 before the Plan Commission. A recommendation will be
forwarded to the City Council for consideration at the May 26, 2015 regularly scheduled
meeting. Additionally, the petitioner has filed a height variance for the sports dome and a public
hearing is scheduled on May 6, 2015 before the Zoning Board of Appeals. A recommendation
will be forwarded to the City Council for consideration at the May 26, 2015 regularly scheduled
meeting.
Staff will be available to answer any question the Economic Development Committee
may have at Thursday night’s meeting.
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Copy of Public Notice.
CONTACT INFORMATIONTELEPHONE #CITY CONTACTUNITED CITY OF YORKVILLE(630) 553-4370KRYSTI J. BARKSDALE-NOBLE, AICP COMMUNITYDEVELOPMENTDIRECTORERIC DHUSEPUBLIC WORKSDIRECTOR800 GAME FARM ROADYORKVILLE, ILLINOIS 60560CITYENGINEERING ENTERPRISES, INC.(630) 466-6700ENGINEERBRAD SANDERSON, P.E.52 WHEELER ROADSUGAR GROVE, ILLINOIS 60554COUNTYKENDALL COUNTY HIGHWAY DEPT.(630) 553-7616ENGINEERFRANCIS KLASS, P.E.6780 ROUTE 47YORKVILLE, IL 60560SANITARYYORKVILLE-BRISTOL SANITARY DISTRICT(630) 553-7657P.O. BOX 27304 RIVER STREETYORKVILLE, IL 60560ELECTRICAL POWERCOMED(630) 576-7094ILYAS MOHIUDDIN2 LINCOLN CENTRE, 6TH FLOOROAK BROOK TERRACE, IL 60181 NATURAL GASNICOR GAS(630) 388-2362CONSTANCE LANE, P.E.1844 FERRY ROADNAPERVILLE, IL 60563TELEPHONEAT&T(815) 727-0558MATT MITCHELL65 W WEBSTER JOLIET IL 60432FLOOR 4EMM3781@ATT.COMCABLECOMCAST(630) 600-6352MARTHA GIERAS680 INDUSTRIAL DRIVEELMHURST, IL 60126IEPAI.E.P.A. - PERMIT SECTION,217-782-0610DIVISION OF WATER POLLUTIONP.O. BOX 19276SPRINGFIELD, IL 62794-9276J.U.L.I.E.DESIGN TICKET #ILLINOIS JULIE,800-892-0123GEOTECHNICALT.S.C.CONTACT INFORMATIONTELEPHONE #
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PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2015-05
NOTICE IS HEREWITH GIVEN THAT KBL Community Center LLC,
petitioner, has filed an application with the United City of Yorkville, Kendall
County, Illinois, requesting special use permit approval for the construction and
operation of a community center with an air-supported sports dome structure
within an existing R-2 Single Family Traditional Residence District. The real
property is located on Fox Road, between Pavilion Road and Ford Drive in
Yorkville, Illinois.
The legal description is as follows:
RECORD LEGAL DESCRIPTION OF PARENT PARCEL:
THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILWAY
COMPANY, WHICH POINT, PREVIOUSLY MONUMENTED BY A CONCRETE
MONUMENT, IS REPORTED TO BE 50.54 FEET, SOUTH 61 DEGREES 06 MINUTES 20
SECONDS WEST ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID
RIGHT OF WAY LINE AND THE NORTH LINE OF SAID SECTION 6; THENCE SOUTH
61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE SOUTHERLY LINE OF
SAID RAILROAD, 1,437.98 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 38
SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10
SECONDS EAST, 1,326.82 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33
SECONDS EAST, 1,405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51
SECONDS EAST, 1,556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45
SECONDS WEST, 393.10 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 51
SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59
SECONDS WEST 2,406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
SOUTH 62 DEGREES 58 MINUTES 18 SECONDS WEST, ALONG SAID CENTER LINE,
581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS WEST, 784.86
FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN FOX GLEN, BEING
THAT PART OF THE FOREGOING NORTH OF THE CENTER LINE OF FOX ROAD, AND
EXCEPT THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST
CORNER OF A SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS; THENCE SOUTH 25 DEGREES 19 MINUTES 10
SECONDS EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDIVISION
EXTENDED, 835.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS
EAST 217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 07 SECONDS WEST
708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 05 SECONDS EAST 138.95
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOX ROAD; THENCE
NORTH 25 DEGREES 41 MINUTES 24 SECONDS WEST 35.00 FEET TO SAID CENTER
LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID
CENTER LINE, 400.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF
KENDALL, KENDALL COUNTY, ILLINOIS.
PARCEL 1 LEGAL DESCRIPTION:
THAT PART OF THE SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWESTERLY CORNER OF FOX GLEN SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED AS DOCUMENT 896802, SAID CORNER BEING ON THE
CENTERLINE OF FOX ROAD, AS MONUMENTED AND OCCUPIED; THENCE NORTH
64 DEGREES 28 MINUTES 10 SECONDS EAST, ALONG SAID CENTERLINE, 400.00
FEET FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 64 DEGREES 28
MINUTES 10 SECONDS EAST, ALONG SAID CENTERLINE, 555.17 FEET TO A POINT
OF CURVATURE; THENCE NORTHEASTERLY, 330.78 FEET, ALONG SAID
CENTERLINE, BEING A TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF
17,763.03 FEET A CHORD THAT BEARS NORTH 63 DEGREES 56 MINUTES 09 EAST
AND A CHORD OF 330.77 FEET; THENCE SOUTH 26 DEGREES 40 MINUTES 54
SECONDS EAST TO A POINT OF CURVATURE; THENCE SOUTHERLY 248.45 FEET
ALONG A TANGENTIAL CURVE TOT THE RIGHT, SAID CURVE HAVING A RADIUS
OF 1,000.00 FEET, A CHORD THAT BEARS SOUTH 19 DEGREES 33 MINUTES 51
SECONDS EAST AND A CHORD OF 247.81 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 12 DEGREES 26 MINUTES 48 SECONDS EAST, PARALLEL WITH THE
EASTERLY LINE OF THE LANDS DESCRIBED IN DOCUMENT 201500000324, 777.59
FEET; THENCE NORTH 77 DEGREES 33 MINUTES 12 SECONDS EAST,
PERPENDICULAR SAID EASTERLY LINE, 740.50 FEET TO THE SAID EASTERLY
LINE; THENCE SOUTH 12 DEGREES 26 MINUTES 48 SECONDS EAST, ALONG SAID
EASTERLY LINE, 979.16 FEET TO A CORNER OF SAID LANDS; THENCE SOUTH 77
DEGREES 56 MINUTES 43 SECONDS WEST ALONG A SOUTHERLY LINE OF SAID
LANDS, 11.17 FEET TO A CORNER OF SAID LANDS; THENCE SOUTH 13 DEGREES 49
MINUTES 45 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LANDS, 393.10
FEET TO THE SOUTHEASTERLY CORNER OF SAID LANDS; THENCE SOUTH 76
DEGREES 00 MINUTES 39 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID
LANDS, 1,556.19 FEET TO THE SOUTHWESTERLY CORNER OF SAID LANDS;
THENCE NORTH 24 DEGREES 40 MINUTES 26 SECONDS WEST, ALONG THE
WESTERLY LINE OF SAID LANDS, 1,405.86 FEET TO A BEND POINT IN SAID LANDS;
THENCE NORTH 25 DEGREES 09 MINUTES 03 SECONDS WEST, ALONG SAID
WESTERLY LINE, 150.83 FEET TO A CORNER OF SAID LANDS; THENCE NORTH 64
DEGREES 50 MINUTES 57 SECONDS EAST, ALONG A NORTHERLY LINE OF SAID
LANDS, PERPENDICULAR TO LAST DESCRIBED LINE, 217.38 FEET; THENCE NORTH
18 DEGREES 10 MINUTES 00 SECONDS WEST, ALONG A WESTERLY LINE OF SAID
LANDS, 708.61 FEET TO A CORNER OF SAID LANDS; THENCE NORTH 18 DEGREES
55 MINUTES 09 SECONDS EAST, ALONG A NORTHWESTERLY LINE OF SAID LANDS,
139.00 FEET; THENCE NORTH 25 DEGREES 31 MINUTES 50 SECONDS WEST, ALONG
A WESTERLY LINE OF SAID LANDS, PERPENDICULAR TO SAID CENTERLINE, 35.00
FEET TO SAID POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
PARCEL 2 LEGAL DESCRIPTION:
THAT PART OF THE SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWESTERLY CORNER OF FOX GLEN SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED AS DOCUMENT 896802, SAID CORNER BEING ON THE
CENTERLINE OF FOX ROAD, AS MONUMENTED AND OCCUPIED; THENCE NORTH
64 DEGREES 28 MINUTES 10 SECONDS EAST, ALONG SAID CENTERLINE, 955.17 TO
A POINT OF CURVATURE; THENCE NORTHEASTERLY, 330.78 FEET, ALONG SAID
CENTERLINE, BEING A TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF
17,763.03 FEET A CHORD THAT BEARS NORTH 63 DEGREES 56 MINUTES 09 EAST
AND A CHORD OF 330.77 FEET FOR A POINT OF BEGINNING; THENCE
NORTHEASTERLY, 94.38 FEET, ALONG SAID CENTERLINE, BEING CURVE TO THE
LEFT, HAVING A RADIUS OF 17,763.03 FEET, A CHORD THAT BEARS NORTH 63
DEGREES 15 MINUTES 01 SECONDS EAST AND A CHORD OF 94.38 FEET TO A POINT
OF TANGENCY; THENCE NORTH 63 DEGREES 05 MINUTES 53 SECONDS EAST,
ALONG SAID CENTERLINE, 752.50 FEET TO THE NORTHEASTERLY LINE OF THE
LANDS DESCRIBED IN DOCUMENT 201500000324; THENCE SOUTH 12 DEGREES 26
MINUTES 48 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LANDS, 1427.53
FEET; THENCE SOUTH 77 DEGREES 33 MINUTES 12 SECONDS WEST,
PERPENDICULAR TO SAID EASTERLY LINE, 740.50 FEET; THENCE NORTH 12
DEGREES 26 MINUTES 48 SECONDS WEST, PARALLEL WITH SAID EASTERLY LINE,
777.59 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 248.45 FEET,
ALONG A TANGENTIAL CURVE TO THE LEFT, SAID CURVE HAVING RADIUS OF
1,000.00 FEET, A CHORD THAT BEARS NORTH 19 DEGREES 33 MINUTES 51
SECONDS WEST AND A CHORD OF 247.81 FEET TO A POINT OF TANGENCY;
THENCE NORTH 26 DEGREES 40 MINUTES 54 SECONDS WEST, 198.99 FEET TO SAID
POINT OF BEGINNING.
The application materials for the proposed Special Use are on file with the City
Clerk.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday, May
13, 2015 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game
Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #5
Tracking Number
EDC 2015-13
Ordinance Approving a Redevelopment Agreement for the Downtown Yorkville
Redevelopment Project Area- 226 S. Bridge Street
EDC – April 9, 2015
See attached memo.
Bart Olson Administration
Name Department
Summary
Approval of a TIF redevelopment agreement for The Law Office Corporation at 226 S Bridge St.
Background
The City Council last discussed this item in November 2013. At the November 2013 meeting,
the City Council approved an inducement resolution for this developer and property. The next step in
the TIF incentive process is to approve a redevelopment agreement and plan for the property.
The attached TIF agreement includes a project budget and process for reimbursing TIF proceeds.
At time of packet creation, an exact illustration of renovation plans was not available. We do expect the
illustration to be handed out at the meeting. In general, they will be acquiring the building, renovating
it, and operating the building as a tavern.
The developer has requested minimal reimbursement for project costs, and staff is proposing
75% of the annual TIF increment being disbursed to the developer. This disbursement would occur up
to a maximum of 25% of the redevelopment project costs (~$164,000) or for the remainder of the TIF.
Similar to our past TIF agreements, no guarantee is made that the TIF increment will reach the $170,000
maximum reimbursement amount. As a point of reference, the Imperial Investments agreement calls for
an 85% annual TIF increment disbursement with a cap of 25% of total project costs.
Recommendation
Staff recommends approval of the The Law Office TIF agreement, as proposed.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: April 1, 2015
Subject: The Law Office TIF agreement
Ordinance No. 2015-___
Page 1
Ordinance No. 2015- ______
AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT
FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA
(226 South Bridge Street)
WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois (the “City”) on June 13, 2006, the Downtown
Yorkville Tax Increment Financing Redevelopment Project and Plan (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 Mayor and
City Council of the City 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 allocation 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 Act and in furtherance of the Redevelopment Plan, The Law
Office Corporation, an Illinois corporation (the “Developer”), submitted to the City a proposal to
acquire the property commonly known as 226 South Bridge Street, Yorkville, Illinois, identified
as Parcel No. 02-33-154-025 (the “Subject Property”), which is located within the Yorkville
Downtown Redevelopment Project Area, for the purpose of converting the building located on
the Subject Property into a craft beer tap room and live entertainment venue, including
remodeling the interior of the building, renovating the interior of the second floor to
accommodate a recording studio, constructing an exoskeleton to support a rooftop deck, and
Ordinance No. 2015-___
Page 2
installing an antique elevator (the “Project”), and has advised the City that in order to proceed,
financial assistance would be required for certain costs to be incurred, which costs would
constitute “Redevelopment Project Costs” as defined by the Act; and,
WHEREAS, the Developer is prepared to proceed with the acquisition of the Subject
Property and the Project in reliance upon the incentives committed by the City as set forth in the
Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (The Law
Office Corporation) by and between the City and the Developer.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The Redevelopment Agreement for the Downtown Yorkville Redevelopment
Project Area (The Law Office Corporation) by and between the United City of Yorkville,
Kendall County, Illinois and The Law Office Corporation, an Illinois corporation, attached
hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby
authorized to execute and deliver said Agreement on behalf of the City.
Section 2. The City Administrator is hereby authorized to undertake any and all action as
may be required to implement the terms thereof.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _________________, A.D. 2015.
______________________________
CITY CLERK
Ordinance No. 2015-___
Page 3
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 _____ day of _________________, A.D. 2015.
____________________________________
MAYOR
Attest:
______________________________
CITY CLERK
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REDEVELOPMENT AGREEMENT FOR THE
DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA
(226 South Bridge Street)
THIS AGREEMENT dated as of the _____ day of _________ 2015, by and between
the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the
“City”) and The Law Office Corporation, an Illinois corporation (hereafter the “Developer”).
W I T N E S S E T H:
WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the
City (the “Corporate Authorities”) on June 13, 2006, the Downtown Yorkville Tax Increment
Financing Redevelopment Project and Plan (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” (“Yorkville Downtown Redevelopment Project
Area”) and adopted tax increment allocation 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,
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WHEREAS, the Corporate Authorities have determined that the blighting factors which
are readily observed in the Yorkville Downtown Redevelopment Project Area are detrimental to
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
Developer has submitted to the City a proposal to acquire the property commonly known as 226
South Bridge Street, Yorkville, Illinois, identified as Parcel No. 02-33-154-025 (the “Subject
Property”), which is located within the Yorkville Downtown Redevelopment Project Area, for
the purpose of converting the building located on the Subject Property into a craft beer tap room
and live entertainment venue, including remodeling the interior of the building, renovating the
interior of the second floor to accommodate a recording studio, constructing an exoskeleton to
support a roof top deck and installing an antique elevator (the “Project”), and has advised the
City that in order to proceed, financial assistance would be required for certain costs to be
incurred, which costs would constitute “Redevelopment Project Costs”; and,
WHEREAS. as a result of the Developer’s proposal, the City passed Resolution No.
2013-21 on November 12, 2013, being a Resolution to Induce the Redevelopment of Certain
Property within the Yorkville Downtown Tax Increment Redevelopment Project Area (the
“Resolution”); and,
3
WHEREAS, the Developer is prepared to proceed with the Project in reliance upon the
aforesaid Resolution and has now requested this Agreement in order to specifically outline the
respective obligations of the parties hereto in connection with the Project and the implementation
of the Redevelopment Plan for the Yorkville Downtown Redevelopment Project Area, 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 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 2. The Developer’s Project.
A. The Developer is currently leasing the Subject Property and represents and
warrants that it has entered into an installment purchase contract for the acquisition of the
Subject Property with its Owners.
B. The Developer represents and warrants that it shall have acquired fee simple title
to the Subject Property on or before January 1, 2021.
C. The Developer covenants and agrees to construct the Project in conformance with
all applicable federal, state and City laws, regulations, ordinances, zoning and building codes,
life safety codes, property maintenance codes and all other applicable ordinances of the City
(collectively hereinafter referred to as the “Legal Requirements”) and complete the Project on or
before April 1, 2016.
4
D. The Developer has submitted an estimated budget for the Project and hereby
represents and agrees that it shall invest no less than $658,973.00 to complete the Project
including the cost of acquisition of the Subject Property.
E. The Developer hereby represents and warrants that financing has been obtained in
an amount sufficient to complete the Project.
F. The Developer covenants and agrees to comply with the Illinois Prevailing Wage
Act, 820 ILCS 130/0.01 et seq. (the “Prevailing Wage Act”), as may be required.
Section 3. Construction of Developer Improvements; Developer Payments.
(a) In consideration for the redevelopment of the Subject Property by the Developer,
so long as no event described in Section 17 of this Agreement shall have occurred and be
continuing, the City shall reimburse the Developer in an amount not to exceed the lesser of
twenty-five percent (25%) of the total Redevelopment Project Costs as set forth on Exhibit A
attached hereto or $164,743.25, in accordance with the provisions of Section 4 hereof and
subject to the limitations of the TIF Act, from a portion of the Incremental Taxes, as defined
below, derived from the Subject Property until the “Termination Date” as defined in Section 5
hereof. 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 TIF Act which
are eligible for reimbursement under the TIF Act.
(b) In connection with the establishment and ongoing administration of the Yorkville
Downtown Redevelopment Project Area, the City has established a special tax allocation fund
pursuant to the requirements of the TIF Act (the “Special Tax Allocation Fund” or the “STAF”),
into which the City shall deposit all Incremental Taxes generated by the Yorkville Downtown
5
Redevelopment Project Area. The City shall further establish, upon execution of this
Agreement, a segregated special sub-account of the STAF designated the “Law Office
Corporation Sub-Account.” The City shall reimburse the Developer for Redevelopment Project
Costs, pursuant to this Agreement, only from Incremental Taxes on deposit from time to time in
The Law Office Corporation Sub-Account, as described below, until the Termination Date as
follows:
(i) on October 1 of each year during the term of this Agreement (or, if later,
the date which is ten (10) days following the date upon which the City receives
Incremental Taxes from the final installment from Kendall County), seventy-five
percent (75%) of all Incremental Taxes credited to the STAF in respect of the
Subject Property shall be transferred and deposited by the City into The Law
Office Corporation Sub-Account and shall be used solely to reimburse the
Developer for Redevelopment Project Costs, in accordance with Section 4 of this
Agreement.
(ii) after the Developer has submitted any Requests for Reimbursement
pursuant to Sections 4(b) and 4(c), any amount remaining in The Law Office
Corporation Sub-Account, in excess of the amount required to reimburse the
Developer for Redevelopment Project Costs shall be transferred by the City to the
STAF.
THE CITY’S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS
AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL
TAXES DEPOSITED IN THE LAW OFFICE CORPORATION SUB-ACCOUNT FROM
6
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 Yorkville
Downtown Redevelopment Project Area and all improvements, which is attributable to the
increase in the equalized assessed value of the Yorkville Downtown Redevelopment Project
Area and all improvements over the initial equalized assessed value of the Yorkville Downtown
Redevelopment Project Area.
Section 4. Procedures for and Application of Reimbursement to the Developer.
(a) The Developer shall advance all funds and all costs necessary to undertake the
Project and all costs eligible for reimbursement pursuant to this Agreement in connection
therewith.
(b) To establish a right of reimbursement for specific Redevelopment Project Costs
under this Agreement, the Developer shall annually submit to the City Administrator 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
Administrator shall reasonably require to evidence the right of the Developer to reimbursement
under this Agreement. The City Administrator shall have twenty (20) days after receipt of any
Request for Reimbursement from the Developer to approve or disapprove such Request and, if
disapproved, to provide the Developer in writing and in detail with an explanation as to why it is
not prepared to recommend such reimbursement. The only reasons for disapproval of any
7
expenditure for which reimbursement is sought shall be that such expenditure is not an eligible
Redevelopment Project Cost, that it is not contained on Exhibit A (provided that the Developer
shall have the right to reallocate such costs as listed), or that it was not incurred and completed
by the Developer in accordance with the Legal Requirements and the provisions of this
Agreement, including, without limitation, all plans and specifications submitted to and pre-
approved by the City. The parties acknowledge that the determination of Redevelopment Project
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 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 ten (10)
days following the approval by the City of reimbursement 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 Law Office Corporation Sub-Account. To the extent money
in The Law Office Corporation Sub-Account is insufficient to reimburse the Developer for
Redevelopment Project Costs for that year, the City shall reimburse the Developer once funds
are deposited into The Law Office Corporation Sub-Account in subsequent years.
Notwithstanding the foregoing, if money is not available in The Law Office Corporation
Sub-Account to reimburse the Developer for Redevelopment Project Costs and the reason for the
lack of funds is that the Developer or its successors in interest have not paid real estate taxes for
8
the Subject Property when due and owing, the City shall not be required to make payment until
taxes are paid.
Section 5. Term.
Unless earlier terminated pursuant to Section 17, the term of this Agreement shall
commence on the date of execution and end on the earlier of: (i) reimbursement to the Developer
the lesser of twenty-five percent (25%) of the actual Redevelopment Project Costs or
$164,743.25; or, (ii) December 31, 2029 (the “Termination Date”).
Section 6. Verification of Tax Increment.
The Developer shall use its best efforts to cooperate with the City in obtaining certified
copies of all real estate tax bills for the Subject Property during the term of this Agreement.
Section 7. No Liability of City to Others for Developer’s Expenses.
The City shall have no obligations 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
Project.
Section 8. Time; Force Majeure.
Time is of the essence of this Agreement; provided, however, a party shall not be deemed
in material breach of this Agreement with respect to any of such party’s obligations to be
performed under this Agreement, 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, inability to procure materials, failure or interruptions of power, restrictive governmental
laws and regulations, condemnations, riots, insurrections, war, fuel shortages, accidents
9
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 occurs or either party claims that such an event
occurred, the party to whom such claim is made shall investigate and consult with the party
making such claim, and the party to whom such claim is made shall grant any extension for the
performance of the unsatisfied obligation equal to the period of the delay, which period shall
commence to run from the time of the commencement of the Force Majeure; provided that the
failure of performance was reasonably caused by such Force Majeure.
Section 9. Assignment.
This Agreement may not be assigned by the Developer without the prior written consent
of the City, which consent shall not be unreasonably withheld.
Section 10. Developer Indemnification.
The Developer shall indemnify and hold harmless the City, its agents, officers and
employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs,
and expenses (including any liabilities, judgments, costs and expenses and reasonable attorney’s
fees) which may arise directly or indirectly from the failure of the Developer, or any contractor,
subcontractor, agent, or employee thereof (so long as such contractor, subcontractor, agent, or
employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer,
or materialman; from any default or breach of the terms of this Agreement by the Developer;
from the failure of the Developer or its contractors and subcontractors to comply with the
Prevailing Wage Act or any Legal Requirements; or from any negligence or reckless or willful
10
misconduct of the Developer or any contractor, subcontractor, agent, or employee thereof (so
long as such contractor, subcontractor or agent or employee is hired by the Developer). The
Developer shall, at its own cost and expense, appear, defend, and pay all charges of attorneys,
costs, and other expenses arising therefrom or incurred in connection therewith. If any judgment
shall be rendered against the City, its agents, officers, officials, or employees in any such action,
the Developer shall have no obligation whatsoever, with respect to any acts of negligence or
reckless or willful misconduct on the part of the City or any of its officers, agents, employees, or
contractors.
Section 11. Waiver.
Any party to this 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 Agreement.
Section 12. Severability.
If any section, subsection, term, or provision of this Agreement or the application thereof
to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
said section, subsection, term, or provision of this 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.
11
Section 13. Notices.
All notices, demands, requests, consents, approvals, or other instruments required or
permitted by this 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: The Law Office Corporation
c/o Boyd Ingemunson
226 South Bridge Street
Yorkville, Illinois 60560
To the City: 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 Blvd., Suite 964
Chicago, Illinois 60604
Section 14. Successors in Interest.
This Agreement shall be binding upon and inure to the benefit of the parties to this
Agreement and their respective successors and assigns.
Section 15. No Joint Venture, Agency, or Partnership Created.
Neither anything in this Agreement nor any acts of the parties to this 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.
12
Section 16. No Discrimination – Construction.
The Developer, or its successors or assigns, agrees that with respect to the Project and the
operation of its craft beer tap room and live entertainment venue at the Subject Property it 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 agrees 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 17. Remedies – Liability.
(a) If, in the City’s judgment, the Developer is in material default of this Agreement,
the City shall provide the Developer with a written statement indicating any failure on the
Developer’s part to fulfill its obligations under this 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 (30) days after giving such notice. If such default cannot
be cured within such thirty (30) day period, such period shall be extended for such time as is
reasonably necessary for the curing of the same, so long as the Developer diligently proceeds
with such cure; if such default is cured within such extended period, the default shall not be
13
deemed to constitute a breach of this Agreement. A default not cured as provided above shall
constitute a breach of this 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 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 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 Agreement. If any voluntary or involuntary petition or similar pleading under any section of
any bankruptcy or insolvency act shall be filed by or against the Developer; or any voluntary or
involuntary proceeding in any court or tribunal shall be instituted to declare the Developer
insolvent or unable to pay the Developer’s debts; or the Developer makes an assignment for the
benefit of its creditors; or a trustee or receiver is appointed for the Developer or for the major
part of the Developer’s property; the City may elect, but is not required to, terminate this
Agreement with or without notice, to the extent permitted by law and enforceable under
applicable federal bankruptcy laws.
(c) If, in the Developer’s judgment, the City is in material default of this 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 Agreement. The Developer may not
exercise any remedies against the City in connection with such failure until thirty (30) days after
giving such notice. If such default cannot be cured within such thirty (30) day period, such
14
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 Agreement. Any failure or
delay by the Developer in asserting any of its rights or remedies as to any default or any alleged
default or breach shall not operate as a waiver of any such default or breach of any rights or
remedies it may have as a result of such default or breach.
(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 Agreement, either at law or in equity, including, but not
limited to, the equitable remedy of an action for specific performance; provided, however, no
recourse for any claim under or upon any obligation contained in this Agreement shall be had
against the City, its officers, agents, attorneys, representatives, or employees, in any amount or in
excess of any specific sum agreed to be paid by the City pursuant to this Agreement; and no
liability, right, or claim at law or in equity shall be attached to or incurred by the City, its
officers, agents, attorneys, representatives, or employees in any amount in excess of any specific
sums agreed by the City to be paid hereunder, and any such claim is hereby expressly waived
and released as a condition of and as consideration for the execution of this Agreement by the
City.
(e) The rights and remedies of the parties are cumulative and the exercise by a party
of one or more such rights or remedies shall not preclude the exercise, at the same time or
different times, of any other rights or remedies for the same default or for any other default by
the other party.
15
Section 18. Amendment.
This Agreement, and any exhibits attached to this Agreement, may be amended only in
writing signed by all parties with the adoption of any ordinance or resolution of the City
approving the amendment, as provided by law, and by execution of the amendment by the parties
or their successors in interest. Except as otherwise expressly provided herein, this Agreement
supersedes all prior agreements, negotiations, and discussions relative to the Project.
Section 19. 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.
[SIGNATURE PAGE FOLLOWS]
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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 United City of Yorkville, Kendall
County, Illinois.
City of United City of Yorkville, Kendall County,
an Illinois municipal corporation
By: __________________________________
Mayor
Attest:
______________________________
City Clerk
The Law Office Corporation, an Illinois corporation
___________________________________
By: ___________________________________
Its: ________________________________
17
Exhibit A
Building Acquisition $120,000.00
Renovation Costs $450,000.00
Engineering and Architectural Costs $ 50,000.00
Signage Costs $ 20,000.00
Interest Costs $ 18,973.00
18
Exhibit B
REQUEST FOR REIMBURSEMENT
City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Re: Redevelopment Agreement dated ________, by and between the United City of Yorkville, an
Illinois municipal corporation, and The Law Office Corporation, an Illinois corporation
Dear Sir:
You are requested to approve the disbursement of funds from The Law Office Corporation Sub-Account
Special Tax Allocation Fund pursuant to Section 4(b) of the Redevelopment Agreement described above in the
amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. The terms used in
this Request for Reimbursement shall have the meanings given to those terms in the Redevelopment Agreement.
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 $164,743.25;
(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 are copies of invoices or bills of sale and Mechanic’s
Lien Waivers covering all items for which reimbursement is being requested.
The Law Office Corporation, an Illinois corporation
Date:
By: ___________________________________________
APPROVED:
___________________________________________
City of Yorkville, an Illinois municipal corporation
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
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Submitted by:
Agenda Item Notes:
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Reviewed By:
Legal
Finance
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Agenda Item Number
NB #6
Tracking Number
EDC 2015-14
Extension of B.U.I.L.D. Program
EDC/April 9, 2015
Informational
Feedback
Discussion on the possible extension of the BUILD Program.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Background and Discussion
As the Economic Development Committee is aware, on March 24, 2015, the B.U.I.L.D.
program was discussed at City Council and a recommendation for staff was to evaluate a possible
extension of the program beyond June 30, 2015.
Staff is currently looking at possible extension options for the B.U.I.L.D. Program:
1. The City would still offer a $5,000 rebate to the homeowner that would still be put up by the
homebuilder. This would allow for the entire City building permit portion to be retained.
The City would still issue the permit and collect the final fee at time of Certificate of
Occupancy.
2. The City would still offer a $5,000 rebate to the homeowner that would still be put up by the
homebuilder. The City will still rebate the homeowner a portion of the building permit fees,
up to $2,500. A total rebate to the homeowner of $7,500. The City would still issue the
permit and collect the final fee at time of Certificate of Occupancy.
3. The City would still offer a $5,000 rebate to the homeowner that would still be put up by the
homebuilder. The City will still rebate the homeowner a portion of the building permit fees,
up to $2,500. A total rebate to the homeowner of $7,500. In addition to the City’s rebate
portion, the City would look to raise certain permit fees to cover the expenditure of the
$2,500. The City would still issue the permit and collect the final fee at time of Certificate of
Occupancy.
Staff currently has a round table discussion with local builders scheduled for Thursday, April 9,
2015 to go over possible options as well. A review of this meeting will be presented at the meeting.
Memorandum
To: Economic Development Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: April 2, 2015
Subject: B.U.I.L.D. Incentive Program Extension