Ordinance 2017-29 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2017-29
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING AN AMENDMENT TO 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 23`d day of May,2017
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 August 10,2017.
Ordinance No. 2017-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING AN AMENDMENT TO 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 duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, on November 22, 2016,the City and GC Housing Development, LLC ("GC
Housing") entered into a Development Agreement Between the United City of Yorkville,
Kendall County, Illinois and GC Housing Development, LLC, an Illinois limited liability
company (the "Development Agreement") to provide for a housing assistance program in respect
of a senior living rental facility to be constructed within the corporate limits of the City; and,
WHEREAS, on April 25, 2017, the City adopted a resolution authorizing GC Housing's
assignment of the Development Agreement to Anthony Place Yorkville, LP (the "Developer");
and,
WHEREAS, the Developer has requested that the City amend certain provisions of the
Development Agreement pertaining to the Developer's obligations relating to employment and
removal of a management agent; and,
WHEREAS, the Mayor and City Council of the City have determined that it is in the
best interests of the City and the health, safety, morals and welfare of its residents and taxpayers
to grant the request of the Developer.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No.2017--om
Page 2
Section 1. That the Amendment to Development Agreement, attached hereto and made a
part hereof, is hereby approved and the Mayor, City Clerk, and City Administrator are hereby
authorized to execute and deliver said Agreement and undertake any and all actions as may be
required to implement its terms on behalf of the City.
Section 2. 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 ofMaA A.D. 2017.
CITY CLEIRK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this ' day of J(AN E ,A.D. 2017.
MAY R
Attest:
Zv� kIll'--
CITY CLE
Ordinance No.2017--iRq
Page 3
r +
AMENDMENT TO DEVELOPMENT AGREEMENT
THIS AMENDMENT(this"Amendment")is made and entered into this L day of J W4E— ,
2017,by and between ANTHONY PLACE YORKVILLE,LP,an Illinois limited partnership("Developer"),and
THE UNITED CITY OF YORKVILLE,an Illinois municipal corporation("City").
WHEREAS,on November 22,2016,City and GC Housing Development,LLC("GC Housing")entered
into a development agreement(the"Development Agreement")to provide for a housing assistance program in
respect of a senior independent living rental facility to be constructed in Yorkville,Illinois(the"Project");and
WHEREAS, on April 25,2017,with the written consent of City,GC Housing assigned the Development
Agreement to Developer; and
WHEREAS,Developer has requested City to amend certain terms in the Development Agreement relating
to Developer's employment and removal of a management agent;and
WHEREAS,City has agreed to such request subject to the terms and conditions set forth in this
Amendment.
NOW,THEREFORE,for good and valuable consideration,the sufficiency and adequacy of which is
hereby acknowledged, City and Developer agree as follows:
1. Section 5 of the Development Agreement is hereby amended to read as follows:
"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;provided,that
any such removal shall be subject to the prior written approval of the Project lenders."
2. Developer agrees to comply with the requirements of the Davis-Bacon Act of 1931,as amended,in the
construction of the Project.
3. Except as specifically set forth in this Amendment,the Development Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed by their duly
authorized representatives on the date and year first written above.
ANTHONY PLACE YORKVILLE,LP,an THE UNITED CITY OF YORKVILLE,an
Illinois limited partnership Illinois municipal corporation
By GC Housing Development Yorkville LLC,an JId
Illinois limited liability company,its managing By AA /N.,/ L
general partner ItsAYW
By
ffrey D. rane, Manager