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Ordinance 2016-20 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2016-20 ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AND GC HOUSING DEVELOPMENT, LLC,AN ILLINOIS LIMITED LIABILITY COMPANY Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 23rd day of February,2016 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on November 15,2016. Ordinance No. 2016--0 _ ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AND GC HOUSING DEVELOPMENT, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a non-home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and WHEREAS, GC Housing Development, LLC, an Illinois limited liability company located at 343 Wainwright Drive, Northbrook, Illinois (the "Developer"), proposes to purchase a 3.4 acre parcel of land located at the northeast corner of Walnut Street and Freemont Street in Yorkville, Illinois, (the "Subject Property") and to construct a two-story senior independent living rental facility on the Subject Property dedicated to housing persons 55 years old and older (the "Project"); and WHEREAS, to make the Project economically viable, the Developer has applied for funding from the Illinois Housing Development Authority; and WHEREAS, the City has determined that it is necessary and in the best interest of the current and future residents of the City to enter into an agreement with the Developer in order to clarify the obligations of the parties with respect to the development of the Subject Property as age restricted rental housing as set forth in the Development Agreement attached hereto. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Development Agreement, by and between the City and the Developer, in the form attached hereto and made a part hereto is hereby approved and the Mayor and City Clerk are hereby authorized to execute same. Ordinance No. 2016-dO Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 1 ra r' , 2016. CITY CLERK CARLO COLOSIMO KEN KOCH y JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ti DIANE TEELING SEAVER TARULIS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this $ day of 140VF-MSEP, , 2016. MAYOR Ordinance No. 2016-cQ0 Page 3 DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,AND GC HOUSING DEVELOPMENT LLC,AN ILLINOIS LIMITED LIABILITY COMPANY THIS DEVELOPMENT AGREEMENT dated this % day of 90VEMUR. 2016, by and between the United City of Yorkville, Kendall County, an Illinois municipal corporation (hereafter the "City") and GC Housing Development LLC, an Illinois limited liability company, 343 Wainwright Drive, Suite B, Northbrook, Illinois 60062 (hereafter the "Developer"). PREAMBLES: WHEREAS, the City is a non-home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and, WHEREAS, the Developer is an experienced contractor of residential communities and is the contract purchaser of a certain 3.4 acre parcel of land located on Walnut Street, Yorkville, Illinois, approximately 115 feet east of Freemont Street and legally described on Exhibit A hereto and made a part hereof (the "Subject Property") and proposes to construct a senior independent living rental facility (55 years old and older) consisting of a two-story building containing up to 33 one-bedroom residential units and up to 18 two-bedroom residential units, surface parking, and a common area to house a fitness room, community room and several other amenities for use by residents (the "Project'); and, WHEREAS, the Subject Property is currently zoned R-1, Single Family Suburban Residence District and the Project, as proposed, would require R-4 zoning, General Multi-Family District ("R-4 Zone") and therefore rezoning of the Subject Property is necessary in order to permit the Developer to proceed with the Project; and, 1 WHEREAS, the Project, as originally proposed, had an overall density of up to approximately 24 dwelling units per acre and now proposes to have an overall density of up to 17 dwelling units per acre while an R-4 Zone allows for a maximum of 8 dwelling units per acre and, therefore, an application for a variance from the applicable density standards in the R-4 Zone (if the rezoning is approved) must also be approved in order to permit the Developer to proceed; and, WHEREAS, the Developer has also applied to the City for a rezoning of the Subject Property from R-1, Single Family Suburban Residence to the R-4 Zone and has also applied for a variance from the applicable standards of density to permit the Project to proceed as currently proposed; and, WHEREAS, to make the Project economically viable, the Developer has applied for funding from the Illinois Housing Development Authority ("IHDA") for the Project in order to construct affordable senior independent housing and, if the funding is not approved on or before September 30, 2017, the Developer shall withdraw its application for a rezoning of the Subject Property and its application for a variance from the maximum density permitted in an R-4 Zone; and, WHEREAS, the Mayor and City Council have considered the need for affordable senior independent housing in the City and the surrounding community are prepared to proceed with the Project but only upon the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereto, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 2 Section 1. The recitals contained in the foregoing Preambles to this Agreement are true and correct and are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. The Developer hereby covenants and agrees that, other than its application to the City for a variance from the maximum density permitted in an R-4 Zone, the Project shall conform to all other R-4 Zone standards and requirements, including, but not limited to, signage, landscaping, setbacks sidewalks, lot coverage, building height, parking spaces and the appearance code. Section 3. The Developer agrees that all residential units in the Project shall be occupied by natural persons who are fifty-five (55) years of age or older and any live-in caregiver, as hereinafter defined, and further agrees that this age restriction shall be deemed as a covenant running with the land until such time as the building is demolished and shall be perfected by the recordation of this Agreement with the Recorder of Kendall County, Illinois, upon its execution by the parties hereto. For purposes of this Agreement, a live-in caregiver shall be a person who resides with a disabled tenant essential to the well-being of such tenant, not obligated to support the tenant, and would not be living with the tenant except to provide necessary supportive services. Section 4. The Mayor and City Council, are prepared to approve the rezoning from R-1, Single Family Suburban Residence District to a R-4 Zone and the variance, as requested by the Developer to permit the increase in maximum density of dwelling units per acre up to 17 per acre from the maximum number of dwelling units per acre permitted in an R-4 Zone, thereby permitting the Developer to proceed to submit an application for funding and, thereafter, apply for the necessary permits to construct the Project. 3 Section 5. The Developer hereby agrees to pay the sum of$417,578 as payment of the fees required by City Code in connection with the construction of the Project, as currently proposed. The final fees shall be calculated upon receipt of the final plans as required with the application for a building permit. Payment of one-half of said fees shall be made upon issuance of a building permit and one-half shall be made upon the issuance of a final certificate of occupancy,. Section 6. The Developer hereby agrees to proceed to submit an application with all documentation as may be required for funding on or before March 1, 2016, and advise the City within 48 hours of receipt of the notice of the acceptance or rejection of its application for funding. The Developer shall have the right, but not the obligation, to re-apply for funding through September 30, 2017. It is understood and agreed that if the application for funding is denied and the Developer determines not to reapply for funding, this Agreement and any approvals pertaining to the Project shall be null and void as if such approvals had never been rendered. Section 7. All notices, demands, requests, consents, approvals or other communications required or permitted by this Agreement shall be given in writing at the addresses set forth below and shall be deemed to have been given (i) on the day of actual delivery if delivered personally, (ii) on the day immediately following deposit with overnight courier, or (iii) as of the third (3rd) day from and including the date of posting if mailed by registered or certified first class mail, postage prepaid, return receipt requested. The parties, by notice hereunder, may designate any further or different addresses to which 4 subsequent notices, demands, requests, consents, approvals or other communications shall be sent. To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Kathleen Field Orr& Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 If to the Developer: Jeffrey D. Crane GC Housing Development LLC 343 Wainwright Drive Suite B Northbrook, Illinois 60062 With a copy to: Tracy D. Kasson 300 E. Roosevelt Road Suite 300 Wheaton, Illinois 60187 Section 8. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. Section 9. If any provision of this Agreement, or any Section, sentence, clause, phrase or word, or the application thereof, in any circumstance, is held to be invalid, the remainder of this Agreement shall be construed as if such invalid part were never included herein, and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. 5 Section 10. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois with venue lying in the Circuit Court for Kendall County, Illinois. Section 11. This Agreement (together with the Exhibits attached hereto) constitutes the entire agreement between the City and the Developer and supersedes all prior agreements, negotiations and discussions between them relating to the subject matter hereof. This Agreement may not be modified or amended except by a written instrument executed by all the parties or their permitted successors or assigns. Section 12. The Developer may not assign its rights or obligations under this Agreement without the express written consent of the City, which approval shall not be unreasonably withheld; provided, however, an assignment may be made without the City's written consent to any person, company, organization or entity of any kind in which the Developer is the Managing General Partner. 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. United City of Yorkville, Kendall County, an Illinois municipal corporation Al'liBy: t Mayor Attest: Z� City Clerk 6 GC Housing Development LLC, an Illinois limited liability company By: 6Y 'D • C41NE Its: M AIVA CRE "Exhibit A" THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF GUTHRIE SUBDIVISION; THENCE NORTH 82 DEGREES 35 MINUTES 00 SECONDS WEST ALONG THE CENTERLINE OF WALNUT STREET, 330.0 FEET FOR A POINT OF BEGINNING; THENCE NORTH 07 DEGREES 25 MINUTES 00 SECONDS EAST,A DISTANCE OF 468.00 FEET; THENCE NORTH 82 DEGREES 35 MINUTES 00 SECONDS WEST, 77.08 FEET; THENCE WESTERLY ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 533.31 FEET, AN ARC DISTANCE OF 263.51 FEET; THENCE SOUTH 07 DEGREES 25 MINUTES 00 SECONDS WEST, 404.21 FEET TO SAID CENTERLINE; THENCE SOUTH 82 DEGREES 35 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE, 330.0 FEET TO THE POINT OF BEGINNING IN YORKVILLE, KENDALL COUNTY, ILLINOIS, PINS: 02-28-326-002 and 02-28-326-006.