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Resolution 2016-31 Resolution No. 2016-31 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,TO INDUCE THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN THE YORKVILLE DOWNTOWN TAX INCREMENT REDEVELOPMENT PROJECT AREA WHEREAS,the United City of Yorkville, Kendall County, Illinois (the "City"),is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILCS 5/65-1-1-2, etseq.); and, WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities"), as authorized by the Municipal Code, undertook an eligibility study and report with respect to a redevelopment project and plan for a certain area and, based on said report, on June 13, 2006, approved a redevelopment project and plan pursuant to Ordinance No. 2006-46 for said specific area designated by Ordinance No. 2006-47 as the Yorkville Downtown Redevelopment Project Area (the "Project Area") and by Ordinance No. 2006-48, adopted tax increment financing for the payment and financing of redevelopment project costs incurred within the Project Area pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., (the "TIF Act"); and, WHEREAS, the City has been informed by Anna M. Jaruszewski (the "Developer"), that she owns certain property within the "downtown district" of the City, commonly known as 202-206 S. Bridge Street and identified as parcel number 02-33-154-030, which property is improved with a building of approximately 5,000 square feet and located within the Project Area (the "Subject Property") and proposes to renovate and rehabilitate the building by reorienting the Resolution No.2016- 31 Page 1 building entrance, upgrading doors and windows, and replacing the furnace and the air conditioning system for long term commercial use (collectively the "Project"); and, WHEREAS, the Developer has also informed the City that the ability to proceed with the Project requires financial assistance from the City for certain costs to be incurred in connection with the Project which costs would constitute "Redevelopment Project Costs" as such term is defined in the TIF Act; and, WHEREAS, the Developer would like to incur certain costs in connection with the Project prior to the approval of any ordinance authorizing the execution of a redevelopment agreement with the City pertaining to the Project wherein reimbursement for such costs may be considered between the parties subject to certain conditions; and, WHEREAS, the Developer desires such costs related to the redevelopment of the Subject Property be able to qualify for consideration as redevelopment project costs that can be reimbursed utilizing tax increment financing, provided that such costs constitute "Redevelopment Project Costs" as such term is defined in the TIF Act; and, WHEREAS, this Resolution is intended to allow the Developer to incur certain costs relating to the Project that may be considered "Redevelopment Project Costs" as such term is defined in the TIF Act, prior to approval of any ordinance authorizing the execution of a redevelopment agreement with the City, subject to the conditions set forth in Section 3 of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are incorporated herein and made a part hereof Resolution No.2016- 3I Page 2 Section 2. That the City Council may consider expenditures that are "Redevelopment Project Costs" as such term is defined in the TIF Act, in connection with the Project, incurred prior to the approval and execution of a redevelopment agreement with the Developer, or a successor or assignee of the Developer, to be expenditures that are eligible for reimbursement through the TIF Act to the extent the Project is in furtherance of the redevelopment project and plan for the overall Project Area. Section 3. That all undertakings of the City set forth in this Resolution are specifically contingent upon the City approving and executing a redevelopment agreement with the Developer, or a successor or assignee of the Developer which provides for the redevelopment of the Subject Property, in accordance with the terms and conditions to be negotiated by the parties. Section 4. That any financial assistance rendered to the Developer by the City shall be contingent upon the authority, restrictions, terms and conditions imposed by the TIF Act. Section S. That this Resolution 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 1 day of Oc , 2Ol6. City Clerk CARLO COLOSIMO KEN KOCH t JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS DIANE TEELING SEAVER TARULIS Resolution No.2016- 31 Page 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 020 day of OCTO ff-1 . , 2016. 4'fil, i v1v� Mayor Attest: f City Clerk Resolution No. 2016- 3 I Page 4