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Resolution 2017-02 Resolution No. 2017-02 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,TO INDUCE THE REDEVELOPMENT OF CERTAIN PROPERTIES 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, et seq.); 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 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 adopted tax increment financing for the payment and financing of redevelopment project costs incurred within the Project Area by Ordinance No. 2006-48, adopted by the Corporate Authorities on June 13, 2006, 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 Imperial Investments, Inc., an Illinois corporation (the "Developer'), that it has acquired certain properties within the Project Area, as listed on Exhibit A attached hereto and made a part hereof, which properties (the "Developer's Properties") it would like to develop or redevelop by demolishing certain buildings; and rehabilitating certain buildings; and, constructing new buildings for residential and commercial uses (the "Projects"); and, Resolution No.2017-02 Page 1 WHEREAS, the Developer has also informed the City that the ability to proceed with these Projects shall require financial assistance from the City for certain costs for improvements that would be incurred in connection with the Projects 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 those Projects prior to the approval of any ordinance authorizing the execution of a redevelopment agreement with the City pertaining to any one or more of the Developer's Properties, 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 Developer's Properties 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 redevelopment of the Developer's Properties 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 pertaining to any one or more of the Developer's Properties, subject to the condition 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.2017-02 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 development of any one or more of the Developer's Properties 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 in accordance with the redevelopment project and plan for the Project Area, provided that such costs constitute "redevelopment project costs" as defined by the TIF Act; and, that the development of one or more of the Developer's Properties shall be consistent with 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 development or redevelopment of any one or more of the Developer's Properties 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. CARLO COLOSIMO a\je--- KEN KOCH JACKIE MILSCHEWSKI aJOEL FRIEDERS �e CHRIS FUNKHOUSER (�� Q, SEAVER TARULIS DIANE TEELING Resolution No.2017-02 Page 3 PASSED by the Mayor and City Council of the United City of Yorkville, Illinois, this 10th day of January, 2017. APPROVED: r 1 Mayor Attest: "DapVTY City Clerk Resolution No.2017-OZ. Page 4 Exhibit A All of the FS properties generally located at 121 East Van Emmon and identified by the following permanent index numbers: 02-33-154-013 02-33-154-014 02-33-154-018 Kendallwood Estates lots identified by the following permanent index numbers: 02-33-377-002 02-33-377-003 02-33-377-004 02-33-377-005 02-33-377-006 02-33-377-007 02-33-377-008 02-33-377-009 02-33-377-010 02-33-377-011 02-33-377-012 02-33-377-013 02-33-377-014 02-33-377-015 02-33-377-016 02-33-377-017 02-33-377-018 02-33-377-019 02-33-377-020 02-33-377-021 02-33-377-022 02-33-377-023 02-33-377-024 02-33-377-025 02-33-377-026 02-33-377-027 02-33-377-028 02-33-377-029 02-33-377-030 02-33-377-031 02-33-377-032 02-33-377-033 02-33-377-034 02-33-378-001 02-33-378-002 02-33-378-003 02-33-378-004 02-33-378-005 02-33-378-006 02-33-378-007 02-33-379-001 02-33-379-002 02-33-379-003 02-33-379-004 02-33-379-005 02-33-379-006 02-33-379-007 02-33-379-008 02-33-379-009 02-33-379-010 02-33-379-011 02-33-380-001 02-33-380-002 02-33-380-003 02-33-380-004 02-33-380-005 02-33-380-006 02-33-380-007 02-33-380-008 02-33-380-009 02-33-380-010 02-33-380-011 02-33-380-012 02-33-380-013 02-33-380-014 02-33-380-015 02-33-380-016 Other Downtown Properties: 211 South Bridge 02-32-283-006 215 South Bridge 02-32-283-007 220 South Bridge 02-33-154-031 112 West Van Emmon 02-32-287-002 201 West Van Emmon 02-32-282-006 205 West Van Emmon 02-32-282-004 207 West Van Emmon 02-32-282-003 204 West Hydraulic 02-32-282-005