Ordinance 2016-21 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2016-21
ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,AND
GC HOUSING DEVELOPMENT, LLC,AN ILLINOIS LIMITED LIABILITY COMPANY,
PROVIDING FOR A HOUSING ASSISTANCE PROGRAM
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 30, 2016.
Ordinance No. 2016-
ORDINANCE APPROVING AN AGREEMENT BETWEEN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AND GC HOUSING DEVELOPMENT,
LLC, AN ILLINOIS LIMITED LIABILITY COMPANY,
PROVIDING FOR A HOUSING ASSISTANCE PROGRAM
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 60062 (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 ("IHDA") and plans to implement
income restrictions on tenants on relation to the Project; and,
WHEREAS, if the Developer's request for IHDA funding is approved, the City has
agreed to establish a housing assistance program (the "Program") to provide rental assistance for
no more than three (3) one bedroom apartments at the Project subject to the terms and conditions
set forth in the Agreement providing for a Housing Assistance Program attached hereto; 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 Developer and the City with respect to the Program.
Ordinance No. 2016-c9i
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Agreement providing for a Housing
Assistance Program, 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.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
23 day of c.( e/6-1 , 2016.
CITY CLERK
CARLO COLOSIMO � KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS /
DIANE TEELING SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Oa day of IJOV£.fl/ IBEK , 2016.
MAYO
Ordinance No. 2016-o�
Page 3
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,AND GC HOUSING DEVELOPMENT LLC,AN ILLINOIS LIMITED LIABILITY
COMPANY,PROVIDING FOR A HOUSING ASSISTANCE PROGRAM
THIS DEVELOPMENT AGREEMENT dated this c2a day of t4oya mmp,
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 Developer has applied for funding from the Illinois Housing
Development Authority ("IHDA") in order to construct the Project as "affordable" senior
housing requiring income restrictions of tenants up to 30% of the average median income for the
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county for approximately 20% of the total units and up to 60% of the average median income for
the county for the remaining units; and,
WHEREAS, in order to assist with the Developer's application for funding from IHDA
to construct the Project, the City has agreed to establish a senior housing assistance program as
hereinafter set forth to supplement the revenue of 5% of the units at the Project or a total of 3
one-bedroom units; and,
WHEREAS, the City believes that providing rental assistance to seniors as hereinafter
provided is in the best interest of the community and its residents.
NOW, THEREFORE, the parties hereto, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, agree as follows:
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 City hereby agrees that upon completion of the Project in accordance with
all applicable codes, ordinances, laws of the state and permits issued therefor, it shall establish
the "Yorkville Senior Housing Assistance Program" for a period of ten (10) years to provide
rental assistance payments for no less than three (3) one-bedroom residential units to qualifying
tenants pursuant to the formula as hereinafter provided in Section 3.
Section 3. The City agrees to pay rental assistance for no more than three (3) one-
bedroom residential units at the Project calculated by determining the difference of thirty percent
(30%) of the resident's annual income and the annual established rent and any tenant-paid
utilities for the residential unit. It is understood and agreed that the calculation and verification
of a resident's annual income shall be the responsibility of the Project's management company
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and the City may demand from the management company, at any time during the term of this
Agreement, verification of income, lease term and established rent for the residential unit.
Section 4. The City hereby adopts the rules and regulations for the Yorkville Senior
Housing Assistance Program as set forth on Exhibit B attached hereto and made a part hereof
(the "Rules and Regulations") which shall be strictly followed by the management company at
all times during the term of the program.
Section 5. The Developer hereby covenants and agrees that it shall employ a
management company with substantial experience managing senior housing and require such
management company to strictly adhere to the Rules and Regulations of the Yorkville Senior
Housing Assistance Program. The Developer further agrees to remove the management
company or any future management company employed at the Project in the event such company
fails to operate and maintain the Project in accordance with all applicable ordinances and laws of
the City and the State of Illinois or strictly follow the Rules and Regulations of the Yorkville
Senior Housing Assistance Program.
Section 6. If for any reason, the Project is in violation of any City Code whether in its
maintenance, condition or operation, and fails to cure such violation within thirty (30) days of
receipt of a notice thereof or within such time as extended by the City, this Agreement shall be
canceled and no further rental assistance payments shall be made by the City.
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
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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 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
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herein, and this Agreement shall be and remain valid and enforceable to the fullest extent
permitted by law.
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.
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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.
United City of Yorkville, Kendall County,
An Illinois municipal corporation
By: G� r
Mayor
Attest:
City Clerk
GC Housing Development LLC, an Illinois
Limited liability Company
By: 01
Its: 5!
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Exhibit A
Legal Description of the Property
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"Exhibit All
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.
Exhibit B
Rules and Regulations of the Yorkville Senior Housing Assistance Program
The Yorkville Senior Housing Assistance Program shall provide rental assistance
payments to households earning less than thirty percent (30%) of the median income for Kendall
County utilizing the guidelines of the United States Department of Housing and Urban
Development. In order for any facility to be eligible for funding from the Yorkville Senior
Housing Assistance Program, the procedures hereinafter set forth must be strictly followed:
1. Ninety (90) days to the opening of a senior housing facility eligible for rental
assistance payments, applications must be made available for no less than five percent
(5%) of the total units at the facility.
2. Advertising the availability of applications for rental assistance for qualifying
tenants must be made sixty (60) days prior to the opening of the facility.
3. Applications must be taken on a first come, first served basis beginning thirty (30)
days prior to the opening of the facility.
4. Priority for the assisted units will be based on the following criteria:
(a) All applicants must be 55 years or older and earn less than thirty percent
(30%) of the Kendall County average median income;
(b) All applicants must be of good character;
(c) Priority must be given to the following persons in the following order:
(i) Yorkville residents that are Veterans;
(ii) Yorkville residents;
(iii) Referrals through the Illinois Housing Development Authority
State Referral Network (SRN), however at all times there shall be
at least one recipient of the Yorkville Rental Assistance program
that meets this priority. This one unit will be held open pending
placement through the SRN for ninety-days after the certificate of
occupancy is issued and for thirty-days after turnover of the unit.
Should the unit not be filled by the SRN within the stated
timeframe than priority for the unit will be given to those
applicants meeting criteria 4-C-I followed by criteria 4-C-II.
5. A waiting list of eligible applicants must be maintained for the entire term of the
Yorkville Senior Housing Assistance Program. The foregoing priority list shall apply
to all applicants.
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6. Becoming a resident of the facility but not participating in the rental assistance
program will not disqualify such resident to be on the waiting list for the rental
assistance program.
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