Economic Development Packet 05-19-05 co). United City of Yorkville
County Seat of Kendall County
800 Game Farm Road
EST. Winal1836
Yorkville, Illinois 60560
Telephone: 630-553-4350
0 Fax: 630-553-7575
Website: www.yorkville.il.us
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AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, May 19, 2005
7:00 p.m.
City Hall Conference Room
1 . Approval/Correction of Minutes: None
2. Building Permit Reports for February, March, and April 2005
3. Fox Hill Center Economic Incentive Agreement
4. PC 2005-02 Lee Farm Annexation and Preliminary Planned Unit Development
Plan
5. PC 2005-08 Blackberry Woods Planned Unit Development
6. PC 2005-14 201 S. Main Street — Rezoning
7. PC 2005-15 204 Hydraulic — Rezoning
8. PC 2005-03 Aspen Ridge Estates Preliminary Plan
9. Draft of the Appearance Code
10. Review of Special Tax Bond Policy
1 1 . Discussion of Future Incentive Programs to Attract Commercial / Industrial
Business to Yorkville
12. Additional Business
BUILDING PERMIT REPORT
United City of Yorkville
February 2005
Cypes of Permits
Number of Permits Issued SFD 2-Family Multiple-Family Commercial Industrial Miscellaneous 1 Total Construction Cost
February 2005 55 16 0 0 1 0 38 $5,730,131.00
Calendar Year 2005 I 101 40 0 0 6 0 55 $11,779,881.00
Fiscal Year 2004 12 873 380 0 0 24 1 470 $91,992,441.00
February 2004 41 19 0 0 1 0 21 $4,497,798.00
Calendar Year 2004 91 46 0 0 3 0 42 $10,228,279.00
Fiscal Year 2003 I 770 310 12 7 29 0 412 $78,777,606.00
February 2003 36 20 0 0 0 0 16 $3,350,501.00
Calendar Year 2003 72 42 0 0 1 0 27 $9,856,470.00
Fiscal Year 2002 2 637 233 4 2 30 1 367 $49,591,559.00
February 2002 43 20 0 0 5 0 18 S4,501,948.00
Calendar Year 2002' 77 35 2 0 10 0 30 $8,345,648.00
Fiscal Year 2001 4 436 168 9 3 27 2 225 $51,426,567.00
February 2001 20 6 1 0 0 0 13 $2,221,968.00
Calendar Year 2001 36 14 1 1 0 0 20 $3,565,668.00
Fiscal Year 2000 5 262 114 3 1 5 0 1.554 $23,934,000.00
4 Permit,Number 1-05-0012 was voided,thus only 2/2 of 213 assigned permit numbers were actually used.
2 Permit:Number 1-2003-324 was voided,thus only 412 or 413 assigned permit numbers were actually issued.
J Permit,Cumber 1-2002-034 was voided,thus only 72 of 73 assigned permit numbers were actually issued.
To maintain a correct count,it shall remain on the August 2002 cvnmt.
4 Permit Numbers 01249 and 01478,for 4 Attached SFDs(Townhomes) were reissued as Permits 01249.1,B,C,and D,and 01478,1,B,C,and D,and Permit,Numbers 01385 and 01480,for 6 Attached SFD.s,were reissued as Permits 01385,4,B,C,D,E,at
01480,4,B,C,D,E,and F,respectively.
' Permit;Numbers 00262 was for 6 Attached ttached S'FDs.
BUILDING PERMIT REPORT
United City of Yorkville
March 2005
.......... ....................... ................
Types of Permits
Number of Permits Issued SFD 2-Family [Multiple-Family Commercial Industrial Miscellaneous Total Construction Cost
March 2005 y 11 I 56 5 0 4 0 41 $13,220,330.00
Calendar Year 2005'- 212 96 5 0 10 0 96 $25,000,211.00
Fiscal Year 2004 y 2 984 436 5 0 28 1 511 $105,212,771.00
March 2004 3 69 32 3 0 0 0 33 $6,531,355.00
Calendar Year 2004 3 160 78 3 0 3 0 75 $16,759,634.00
Fiscal Year 2003 34 839 342 15 7 29 0 445 $85,308,961.00
March 2003 46 22 1 0 3 0 20 $5,358,938.00
Calendar Year 2003 118 64 1 0 4 0 47 $15,215,408.00
Fiscal Year 2002 683 255 5 2 33 1 387 S54,950,497.00
March 2002 1.7 34 0 0 5 0 28 56,221,362.00
Calendar Year 2002 s 144 69 2 0 15 0 58 $14,567,010.00
Fiscal Year 2001 56 503 202 9 3 32 2 253 $57,647,929.00
March 2001 27 13 0 0 1 0 13 S2,762,463.00
Calendar Year 2001 63 27 1 1 1 0 33 $6,328,131.00
Fiscal Year 2000 289 127 3 l 6 0 167 $30,262,161.00
a Permit Numbers}'-05-0183, Y-05-0184, 1'-05-0185, 1-05-0186, Y-05-0187, Y-05-0188, 1-05-0189, Y-0.5-0190, Y-05-191,and 1-05-192 were issued for each side of a duplex,only 5 structures were built.
2 Permit A7amber 1-05-0012 was voided,thus only 212 of 213 assigned permit numbers were actually used
3 Permit Number Y-04-097 and 1-04-098 were issued Jar each side of a duplex,only l structure was built.
4 Permit Number Y-2003-324 was voided,thus only 412 or 413 assigned permit numbers were actually issued.
'Permit Number 1-2002-034 was voided,thus only 72 of 73 assigned permit numbers were actually issued. The NEI)permit issued in August as 1'-2002-579 was voided and reissued as Y-2002-691 in October.
To maintain a correct count,it shall remain on the August 2002 count.
Permit:Numbers 01249 and 01478,for 4:Attached SFDc(Townhomes) were reissued as Permits 012493,B,C,and D,and 014783,B,C,and D,and Permit.Numbers 01385 and 01480,for 6 Attached SFDs,were reissued as Permits 013854,B,C,D,E,as
014803,B,C D,E,and l'respectively.
BUILDING PERMIT REPORT
United City of Yorkville
April 2005
"Types of Permits
2-Fancily
Number of Permits Issued SFD (Beginning 2005, Multiple-Fancily Commercial Industrial Miscellaneous Total Construction Cost
2 Permits-I Structure)
April 2005 105 30 0 0 6 0 69 58,701,245.00
Calendar bear 2005 h 317 126 5 0 16 0 165 S33,701,456.00
Fiscal Year 2004' 1089 464 5 0 34 1 580 S113,914,016.00
April 2004 112 54 0 0 0 0 58 $8,265,961.00
Calendar Year 2004 2 272 132 3 0 3 0 133 $25,025,595.00
Fiscal Year 2003 951 396 15 7 29 0 503 $93,574,922.00
April 2003 97 30 2 0 4 1 60 $8,562,993.00
Calendar Year 2003 215 96 3 0 8 1 107 $23,778,401.00
Fiscal Year 2002 3 780 285 7 2 37 2 447 863,513,490.00
April 2002 97 26 0 2 1 0 68 $7,221,219.00
Calendar Year 2002 241 95 2 2 16 0 126 $21,788,229.00
Fiscal Year 2001' 600 228 9 5 33 2 321 $64,869,148.00
April 2001 50 17 0 0 2 0 31 $3,469,289.00
Calendar Year 2001 113 44 1 1 3 0 64 $9,797,420.00
Fiscal Year 2000 339* 144* 3 1 8 0 198 $40,059,581.00
u Permit Number Y-05-0012 was voided,thus only 212 of 213 assigned permit numbers were actually used.
2 Permit.Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was huilt.
3 Permit Number Y-2002-034, Y-2002-467,and Y-2002-579 were voided,thus only 806 of 809 assigned permit numbers were actually issued. The.SFD permit issued in August as Y-2002-579 was voided and reissued as Y-2002-691 in October.
To maintain a correct count,it shall remain on the:1 ugu.st 2002 count.
4 Permit Numbers 01249 and 01478,for 4 Attached SFDs(Townhomes) were reissued as Permits 01249;1,B,C,and D,and 01478,4,B,C,and D,and Permit Numbers 01385 and 01480,for 6 Attached SFDs,were reissued as Permits 01385A,B,C,D,E,m
01480A,B,C,D,E,and 1;respectively.
05/19/2005 07 18 FAX 630 553 5764 DANIEL J. KRAMER V1001/003
s
LAW OFFICES
V OF
Daniel J. Kramer
1107A SOUTH BRIDGE STREET
DANIEL J. KRAMER "'ORKVILLE, ILLINOIS 60560 KELLY A. KRAMER _./
'
(630)553.9500
, v
Fax. (630)553-5764 ,''
FAX COVER SHEET
l'.
DATE: May 19, 2005
TO: Tony Graff, Administrator/Marty Mums, Chairmen
RE: Hill Economic Development Incentive Agreement
NO: 553-7575
FROM: Daniel J. Kramer
NUMBER OF PAGES (INCLUDING THL'; PAGE): 3
Q For your information Q Please sign and return
Q For your review Q Please keep in a safe place
Q Please call me after review Q Please pay invoice directly
Q Per our discussion Q Please file
Q For your file Q Please record
Q Per your request
COMMENTS:
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FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630) 553-5764
05/19/2005 07 : 19 FAX 630 553 5764 DANIEL J. KRAMER fa002/003
LAW OFFICES
OF
Jim
1107A SOUTH MIDGE STREET
DANIEL J.KRAMER YORKVILLE, ILLINOIS 60560 KELLY A.KRAMER
(630)553.9500
FAX:(630)553-5764
May 18, 2005
Tony Graff Marty Munns
Administrator Chairmen
United City of Yorkville Economic Development Committee
800 Game Farm Rd, 534 Countryside Road
Yorkville, IL 60560 Yorkville, IL 60560
RE: Fox Hill Economic Development Incentive Agreement
Dear Administrator Graff and Chairman Munns:
On the Economic Development I;omrnission agenda for Thursday May 19, at 7:00 pm
one of the items is an Economic Initiative Agreement that we have asked the City to pass
in favor of a small commercial d;velopnnent on Route 34 known as Fox Hill Center.
The development has no relationship to the residential Fox Hill subdivision, but is using
the similar name for purposes of location identity. The developer is asking for the normal
City Agreement permitting them to recover up to one hundred percent of the cost of road
widening on Route 34 that the Il inois Department of Transportation is requiring in terms
of width widening and additiona tapers for overall ambient traffic on Route 34. It is not
directed towards the traffic beim generated by our particular development.
Toward that end we are asking Tat one- half of sales tax received from the center be
dedicated for that purpose for a p enod of twelve years or until the amount is earlier paid
back to the developer.
Unfortunately I have a rather lengthy public hearing in another community at the same
time as your committee meeting and can't attend the committee with Kelly Kramer out of
town. I'm wondering if you wart to discuss the matter please feel free to do so in our
absence and if you would like m! at a future EDC meeting or simply to move the matter
05/19/2005 07 18 FAX 830 553 5784 DANIEL J KRAMER V]003/003
LAW OFFICES
OF
Jama r. ['AMMO
1107A SOUTH BRIDGE STREET
DANIEL J.KRAMER YORKVILLE, ILLINOIS 60560 KELLY A.KRAMER
(630)5519500
FAX'(630)553.5764
on to the next committee of the hole I will be happy to attend. Should you have any
questions please feel free to contact me period.
Very T ly Yo s,
Dan J.
Attorney a Law
DJK/lab
05/05/2005 11 :22 FAX 630 553 5764 DANIEL J. KRAMER a 003/010
STATE OF ILLINOIS )
)ss_
COUNTY OF KENDALL )
UNI'"ED CITY OF YORKVILLE
AND GCM PROPERTIES, LLC
DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT
THIS DEVELOPMENT 1,GREEMENT (this "Agreement") is made and entered into
as of the day of March, 200: by and between THE UNITED CITY OF YORKVILLE, an
Illinois corporation located in Kendall County (the"CITY") and GCM PROPERTIES, LLC (the
"DEVELOPER").
RECITALS
The CITY is an Illinois muiicipality and hereby enters into this Agreement pursuant to
65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the
Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to
enter into this Agreement.
The DEVELOPER has purchased and intends to develop the real property located south
of Route 34 and known as Lot 2 Fax Hill and legally described in Exhibit "A" (the "Property")
for commercial uses ("Development Project") subject to a zoning ordinance enacted by the
CITY. DEVELOPER has demonsiated to the CITY'S satisfaction that the DEVELOPER has
the experience and capacity to corr.plete the Development Project. The DEVELOPER and the
CITY have determined that without the financial assistance provided under this Agreement the
Development Project would not be feasible and that the DEVELOPER would not undertake the
Development Project. The DEVE._,OPER has expressly conditioned the undertaking of the
Development Project on the CITY',; agreement to pledge the Sales Tax Revenues (defined later)
it receives from the Developer ent Project to repay DEVELOPER its Reimbursable
Improvements (defined later), all as provided in this Agreement.
The CITY deems it to be of significant importance to encourage development within the CITY
so as to maintain a viable real estate tax and sales tax base and employment opportunities.
Accordingly, the CITY has made the following findings necessary pursuant to the Enabling
Statute:
That the Property has remait_ed vacant for at least one year;
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05/05/2005 11 :22 FAX 630 553 5764 DANIEL J. KRAMER a 004/010
That the Development Project is expected to create job opportunities within the
municipality;
That the Development Proje:t will serve to further the development of adjacent areas;
That without this Agreement_, the Development Project would not be reasonably possible
given the off-site costs impaaed by the Illinois Department of Transportation;
That the DEVELOPER mee s high standards of creditworthiness and financial strength;
That the Development Projer;t will strengthen the commercial sector of the municipality;
That the Development Project will enhance the tax base of the CITY;
That this Agreement is made in the best interest of the CITY; and
Pursuant to the Illinoi! Municipal Code, as amended ("Code"), the CITY has
authority to enter into an economi: incentive agreement relating to the development of land
within corporate limits, including .m agreement to share or rebate a portion of the retailer's
occupation taxes received by the Cr'Y that are generated by the development.
Subject to the terms and condi:ions of this Agreement, the CITY agrees to reimburse the
DEVELOPER for its Reimbursable Improvements. In reliance upon the CITY's representations
and covenants contained in and subject to the terms and conditions of this Agreement, the
DEVELOPER intends to cause the Reimbursable Improvements (as hereinafter defined) to be
constructed and to enter into construction contracts and other agreements as necessary.
This Agreement has been submitted to the corporate authorities of the CITY for consideration
and review, and the corporate autho ities have given all notices and taken all actions required to
be taken prior to the execution of thi3 Agreement to make this Agreement effective.
NOW, THEREFORE, to rr aintain and revitalize business within the CITY by assuring
opportunities for development and .attracting sound and stable commercial growth; to promote
the public interest and to enhance the tax base of the CITY; to induce the DEVELOPER to
undertake the Development Project; in consideration of the DEVELOPER's agreement to
undertake the Development Project and the CITY's agreement to reimburse the DEVELOPER
for the costs of causing the constru:tion of certain of the Reimbursable Improvements; and in
consideration of the mutual promise;, covenants, stipulations and agreements herein contained in
this Agreement, the DEVELOPER aid the CITY hereby agree as follows:
Incorporation of Recitals.
The recitals set forth above are incorporated hereby by this reference as if fully set forth
herein.
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05/05/2005 11 :22 FAX 830 553 5784 DANIEL J. KRAMER U3005/010
Creation of Economic Incentive 4.ereements.
The CITY acknowledges that an economic incentive agreement for the subject
commercial property within the P..operty will provide incentives for development within the
Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application
by DEVELOPER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory
means, enact all ordinances and execute all agreements to share or rebate a fifty percent (50%)
portion of the CITY's allocated portion of sales tax revenue as set forth herein to DEVELOPER
or as assigned in writing by DEVELOPER, pursuant to the terms provided in this paragraph of
the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a
"commercial retail user" shall be any user that collects sales tax as part of its operation. The
commercial retailer user shall be referred to as the "Generator".
The CITY acknowledges hat its agreement to execute this Development/Economic
Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement.
Development Incentive Reimbursement.
Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid
100% of its Reimbursable Improve;nent costs (defined below) out of 50% of sales tax generated
by any "Generator" on the Propert_r or any additional property purchased by DEVELOPER, as
evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY, The CITY
shall include simple interest of five percent (5%) per annum on the Reimbursable Improvement
calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest
shall be calculated annually and shell commence with the Certificate of Occupancy being issued
to the first store (or other business operator) on the Property. DEVELOPER shall be entitled to
recover up to the total amount of tie Reimbursable Improvement calculation plus interest for a
period of twelve (12) years corn.me)cing from the date of completion of said road improvement
on Route 34.
In the event DEVELOPER recover its full Reimbursable Improvement plus interest calculation
prior to that expiration time, the right to recovery shall terminate earlier than the previous stated
expiration date. In the event DEVELOPER has not received all of its Reimbursable
Improvements calculation and interest upon said expiration date, the Agreement shall be treated
as expired. Interest shall not be compounded. These Reimbursable Improvements include, but
are not limited to, the following:
Illinois State Route 34 roadway expansions and tapers, off-site widening, resurfacing and
improvements to Illinois State Highway on Route 34 intersecting at Sycamore Street at
the property East and runni ig approximately ''A mile West, as disclosed in the attached
Exhibit"A" of approximately 583,825.00; and
The CITY shall distribute th sales tax revenue generated by any Generator as follows:
50%to the DEVELOPER, or as directed by the DEVELOPER;
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05/05/2005 11 .23 FAX 630 553 5764 DANIEL J. KRAMER i 006/010
50%to the CITY;
Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to
revenues generated by the sale of merchandise from and collected under the Retailer's
Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of
Illinois or any governmental agenc;'or body created under the laws of the State of Illinois,based
upon gross sales, and located within the State of Illinois, that is collected by the Generators as a
result of business transactions occurring on the Property. In the event that the CITY's share of
said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's
share thereof shall be reduced or increased in the same proportion.
Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its assignee the
quarterly installment payments made to the CITY by the Illinois Department of Revenue within
thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the
Reimbursable Improvements and applicable interest are paid to the DEVELOPER as set out in
this Agreement.
The "quarterly installment payment" shall mean an amount equal to one-half(''/) of the sales
tax revenue received by the CITY f'om the State generated by each Generator on the Property,or
any additions to the Property. All amounts paid to the DEVELOPER will be due and payable
solely from one-half('/z) of the sales tax revenues received by the CITY from any Generator's
sales for the preceding calendar quarter.
However, if the CITY no longer receives sales tax revenues from the Generator due to a
change in Illinois statutes, then the CITY shall make payments to the DEVELOPER from any
alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a
replacement or substitute for sales tLx revenue presently received by the CITY.
Verification of Costs. Following co istruction of the Reimbursable Improvements, DEVELOPER
shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the
cost of such improvements.
Commencement Date. The terms of this Agreement shall be for Twelve (12) years commencing
upon the completion of said improvement.
Sources of Funds to Pay Reimbursable Development Project Costs, Funds necessary to pay for
the Incentives are to be solely deriNed from the additional sales tax generated by the Generators.
This pledge of additional sales tax revenues hereby is approved by the CITY.
In order to comply with the terms of this Agreement, DEVELOPER shall require in writing
all tenants in the Property and to f ny subsequent purchasers of any portion of the Property to
direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax
being remitted to the CITY for eat)' commercial retailer on-site. In the event DEVELOPER or a
commercial retailer fails to prov de the CITY with written authority for release of said
information from the Illinois Deponent of Revenue the CITY shall have no duty to remit sales
tax proceeds from that commercial retailer to the DEVELOPER.
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05/05/2005 11 .23 FAX 630 553 5764 DANIEL J. KRAMER @j 007/010
Assignability.
It is expressly agreed and understood by the parties to this Agreement that the benefits
contemplated in the Developmentlf.conomic Initiative Agreement and pursuant to 65 ILCS 5/8-
11-20 (2002) are assignable at the )ption of the DEVELOPER. Upon such written assignment
by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under
the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce
same by any legal or equitable remady. If any Lot is sold by the DEVELOPER, DEVELOPER
shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the
Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER.
Reimbursement Procedures.
Sales Tax Reports. DEVELOPER agrees to cause all Generators to execute and deliver to
the CITY a written direction, in :brm and content acceptable to the CITY and the Illinois
Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax
figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY
agrees to take the necessary action to initiate the transaction. Should the DOR cease to release
the sales tax information to the CITY on a quarterly basis, DEVELOPER and all Generators
shall be responsible for any further action to obtain the sales tax information from the DOR or
shall be responsible for submittal of the sales tax information from the DOR or shall be
responsible for submittal of the sale:,tax information as provided for in the next paragraph of this
Agreement.
In the event the DOR fails to subr.iit to the CITY the quarterly sales tax information for any
Generator as provided for in Section A above, DEVELOPER shall cause Generators to,
contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or
successor agency, furnish to the CTCY copies of any and all sales tax returns, sales tax reports,
amendments, or any other paper filed with the State of Illinois, said Department of Revenue or
other appropriate governmental entity, pertaining to the Generators, and certified as being true
and correct, which documents are being provided to the CITY for purposes of identifying sales
tax revenues collected pursuant to this Agreement.
Confidentiality. The CITY act•nowledges and agrees that information to be provided by
Generators hereunder are proprietary and valuable information and that any disclosure or
unauthorized use thereof will cause irreparable harm to DEVELOPER and/or DEVELOPER's
affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of
federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information
Act, the CITY agrees to hold in confidence all sales figures and other information provided by
DEVELOPER or Generators or cbtained from DEVELOPER's or Generator's records in
connection with this Agreement, and in connection therewith, the CITY shall not copy any such
information except as necessary fir dissemination to the CITY's agents or employees as
permitted hereinafter. The CITY sh ill be permitted to disclose such information (i) to its agents
or employees who are reasonably deemed by the CITY to have a need to know such information
for purposes of this Agreement; provided, that such agents and employees shall hold in
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05/05/2005 11 : 23 FAX 630 553 5764 DANIEL J. KRAMER 0008/010
confidence such information to the extent required of the CITY hereunder or (ii) to the extent
required by order of court or by state of federal law. The confidentiality requirements of this
Agreement shall survive any expiration, termination or cancellation of this Agreement and shall
continue to bind the CITY, its successors, assigns and legal representatives for a period of five
(5) years from the termination, ex7iration or cancellation of this Agreement. All Generators
shall be treated as third party bendy:iaries to this Confidentiality provision.
Audit.
Each payment by the CIT'( to DEVELOPER shall be accompanied by a statement
executed by the City Treasurer or tI e Treasurer's designee, setting forth the calculations of such
payment and identifying the sales tax return period to which the payment relates. The City
Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments
made to date to DEVELOPER. DEVELOPER shall have one (1) year following the receipt of
said payment to contest any of th calculations or information contained in said statements.
DEVELOPER shall have the right :o review all sales tax reports provided to the CITY by the
state relating to any Generator upon two days written request by DEVELOPER.
Default/Right to Cure.
No party shall be deemed i 1 default hereunder until such Party has failed to cure the
alleged default with ten (10) days ir the case of a monetary default, or within thirty (30) days in
the case of a non-monetary default, from notice of such default from the other Party; provided,
however, if the nature of such non-monetary default is such that it cannot reasonably be cured
within such thirty (30) days period, then such Party shall not be deemed in default if such Party
commences to cure such default within such thirty (30) day period and thereafter diligently
prosecutes such cure to completion.
In the event of a default and except as may be otherwise provided herein to the contrary,
the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting
party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii)
except as may be otherwise expressly provided to the contrary herein, seek specific performance
of this Agreement, and, in addition recover all damages incurred by the non-defaulting party;
(the parties declare it to be their intent that this Agreement may be specifically enforced); (iii)
pursue all other remedies available at law, it being the intent of the parties that remedies be
cumulative and liberally enforced ;o as to adequately and completely compensate the non-
defaulting party.
No Oblieatlon to Develop, Oaen o� Operate.
Nothing contained in this Agreement shall be deemed to obligate DEVELOPER,
Generator or any of Generator's aff hates to construct any improvements on the Property or to
open or operate any form of business in the Property for any period of time or at all.
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05/05/2005 11 ' 23 FAX 530 553 5764 DANIEL J. KRAMER [dj009/010
Additional Covenants.
Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set
forth are mandatory and cannot be 'valved except by a lawfully authorized and executed written
waiver by the party excusing such ti rely performance,
Binding Effect. This Agreemen shall be construed and enforced in accordance with the laws
of the State of Illinois.
Severability. If any provision Df this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the CITY does not have the power to
perform any such provision, such )rovision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect ani'of the other provisions contained herein.
Notices. All notices and reqw;sts required pursuant to this Agreement shall be sent by
certified mail as follows:
To Developer: GCM Properties, LLC
12046 Flint Dr.
Homer Glen, IL 60491
To Developer's Attorney: Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
With copies to: Attorney John Wyeth
United City of Yorkville Offices
800 Game Farm Rd.
Yorkville, IL 60560
Authority to Execute. The sigiatories of the parties hereto warrant that they have been
lawfully authorized by the City Council of the CITY and the Board of Directors of
DEVELOPER, to execute this Agreement on their behalf.
Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this
Agreement, the prevailing party ir. such action shall have the right to recover reasonable
attorneys' fees and costs from the other Party to be fixed by the court in the same action.
Relationship of the Parties, Noth.ng herein shall be deemed or construed by the Parties or by
any third party as creating the relat onship of principal and agent or of partnership of or joint
venture between the Parties, it being understood and agreed that no provision herein, nor any acts
of the parties, shall be deemed to cre:.Lte any relationship between the parties.
Remedies Not Exclusive. Excep as may be otherwise expressly provided herein, the various
rights and remedies herein contain.sel and reserved to each of the parties, except as herein
-7-
05/05/2005 11 :23 FAX 630 553 5764 DANIEL J. KRAMER a010/010
otherwise expressly provided, are rot exclusive of any other right or remedy of such party, but
are cumulative and in addition to e-ery other remedy now or hereafter existing at law, in equity
or by statute. No delay or omission of the right to exercise any power or remedy by either party
shall impair any such right, power fir remedy or be construed as a waiver of any default or non-
performance or as acquiescence therein.
IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville,
Illinois, as of the date and year shown above.
UNITED CITY OF YORKVILLE,
an Illinois Municipal Corporation,
By: By:
MAYOR GCM PROPERTIES, LLC
Attest: Dated:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-8-
United City of Yorkville
Yorkville, IL 60560
APPEARANCE CODE
(Proposed Final Draft 5/12/05)
I. OBJECTIVES
1. The fostering of:
a. Sound and harmonious design of new buildings and sites.
b. Greater interest in the development and redevelopment of business and
industrial areas with an emphasis on appearance as it relates to each
specific project, its surroundings and the community, by giving
encouragement, guidance and direction.
c. Better maintenance of properties through encouragement of preservation,
upkeep, protection and care.
d. Greater public interest and enthusiasm in overall community beauty,
appearance, cleanliness and order.
2. Establish standards for new construction and development with respect to, but not
limited to,buildings, streetscapes and landscapes.
3. Encourage creative non-monotonous community designs utilizing design
professionals.
II. APPLICABILITY
1. The provisions of this code shall apply to:
a. building permits for new construction applied for after the execution of the
Ordinance, and/or
b. building permits for additions to existing commercial or industrial buildings
where the permit is applied for after the execution of the ordinance and where
the cumulative addition(s) are equal to 10%of the floor area or 200 sq. ft.,
whichever is more and/or
c. The standards in this code shall be pro-rated when being applied to additions to
all principal buildings or major re-construction (i.e., 25% of the facade is
removed and/or different type of facade material is used and/or if the size of
windows/doors are being modified by more than 25%) done to non-residential
or attached single family or multi-family buildings
d. Additions and/or major facade work shall be assessed on a cumulative basis
(i.e., if a 10 percent modification is conducted at one time and later another 10
1
percent modification is made, the cumulative impact is 20% and therefore, a
20% compliance ratio is expected.)
2. The provisions of this code shall not apply to:
a. This code shall not apply to industrial accessory structures. However, all
accessory structures should compliment the main structure.
b. This code shall not apply to those buildings where siding is being replaced
with similar siding materials.
c. Provisions of this Code shall not apply to any PUDs already approved prior to
the adoption of this Code unless so stipulated in the PUD
3. The provisions of this code shall be deferred until May 1, 2009, for lots
located within the Fox Industrial Park.
III. PROCEDURES
The City Building Official, or his/her designee, shall review the plan and/or drawing
of the exterior design of every building and site to be constructed in the City for
compliance with this code,prior to the issuance of a building permit. Building permits
shall only be issued upon authorization of the City Building Official.
2. Any appeals to this Code or the City Building Official's determination of compliance
with this code, shall be made in writing and submitted to the City Building Official.
The City Building Official shall direct such requests to the Façade Committee, who
shall make a recommendation to the City CounciL The City Council's decision shall
be final.
3. The Façade Committee shall consider the following points prior to providing the City
Council with a written recommendation:
a. Will the objectives outlines in Section I be met if the requested
deviations are granted?
b. Is there a particular physical condition of the specific property
and/or building(s) involved that would create a particular hardship
to the owner, as distinguished from a mere inconvenience, if the
strict letter of these regulations were carried out?
c. Will granting the requested deviation from these regulations be
detrimental to the public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located?
d. Will granting the requested deviation impair an adequate supply of
light and air to buildings on the subject property or to the adjacent
property?
2
e. Will granting the requested deviation increase the danger to the
public safety, or substantially diminish or impair property values
within the neighborhood?
IV. DEFINITIONS
1. Across the Street: A lot with a side and property line, when projected across the street,
intersects the front property line of the subject lot.
3. Adjacent To: defined as lots sharing a side yard property line.
4. Contiguous lot: Shares a common property line extended across the street with such lot.
5. Front Façade: the net surface area, excluding windows, doors and garages, that faces a
street and includes a main entry to the building..
6. Major Architectural Features: Covered porches, Boxed-out Bays/Projections; Decorative
Dormers, Juliet Balconies, Metal Roofs. [10% credit for each]
6. Masonry Products: brick, stone, split face brick or architectural blocks.
7. Premium Siding Material: Masonry Products cultured stone, natural wood siding and
synthetic stucco
V. CRITERIA FOR APPEARANCE
1. General
Creativity and ingenuity in applying the standards and guidelines listed in this Code
are encouraged. Likewise, ingenuity and creativity,while considering deviations to
the standards and guidelines of this Code, are encouraged.
2. Landscape and Site Treatment
a. The provisions of the City of Yorkville's Landscape Ordinance shall apply.
b. Exterior lighting, when used, shall enhance the building design and the
adjoining landscape. Lighting standards and fixtures shall be of a design and
size compatible with the building and adjacent areas. Lighting shall be
restrained in design and excessive brightness and brilliant colors avoided.
Maximum illumination at the property line shall not exceed 0.1 footcandles
and no glare shall spill onto adjacent properties or right-of-ways.
c. The provisions of the Ordinance in regards to bulk regulations, standards and
off-street parking; relating to trees and shrubs; all other Ordinances, or portions
of Ordinances, which directly affect appearance, shall be a part of the criteria
of this sub-section.
3
3. Residential
a. Single-family detached and Duplexes
(1) Unless stated otherwise within this ordinance, no residential dwellings shall be
similar in appearance unless two or more buildings of dissimilar design
separate the buildings.
(2) A newly constructed residential building shall be dissimilar in appearance to
another residential building across the street from, or adjacent to the newly
constructed building.
(3) A residential dwelling on a corner lot is not considered similar to one adjacent
to it if the two dwellings face different streets.
(4) On cul-de-sacs not more than two dwellings shall be similar in appearance on
any lots having front lot lines contributing to the arc of the cul-de-sac.
(5) For the purpose of this section, "similar in appearance" shall mean a residential
building, which is identical to another, in combination with any four or more of
the following architectural characteristics:
(a) Roof type (gable, hip mansard, gambrel, flat, combination).
(b) Height of roof ridge above finished grade of property.
(c) Dimensions (height and length) and shape of the facades facing the
front lot line.
(d) Locations and sizes of windows, doors (including garage doors) and
ornamental work on the facade facing a front lot line.
(e) Type of facade, materials (i.e., brick veneer, lapped horizontal
siding, half timber, board and batten, shakes, etc.) on the facade
facing a lot line.
(f) Porch Dimension and elevation treatment.
(6) A building is considered dissimilar when less than four of the above
characteristics exist among subject dwellings.
b. Single-family attached and Multiple-family
The intent of this Ordinance, specifically pertaining to single-family attached and multi-
family buildings, is to create a"sense of community". This can be achieved through
careful site planning as well as thoughtful building design and color selections.
4
(1) The building footprint of single-family attached and multi-family buildings can be the
same. However, the facade treatments must vary between buildings that are adjacent to
one another. Facade variations may include building materials or colors in any one or
more of the following:
(a) Siding
(b) Masonry
(c) Roof
(d) Paint/Stain
(e) Doors
(2) Sites where requested setbacks and yards are less than the minimum zoning district
requirements must provide an interesting relationship between buildings.
(3) Parking areas shall be treated with decorative elements, building wall extensions,
plantings, berms and other innovative means so as to largely screen parking areas from
view from public ways.
(4) The height and scale of each building shall be compatible with its site and adjoining
buildings.
(5) Newly installed utility services, and service revisions necessitated by exterior alterations,
shall be underground.
(6) The architectural character of the building shall be in keeping with the topographical
dictates of the site.
(7) Masonry Products shall be incorporated on the front facade of at least 75%of the total
buildings in the approved community, and shall incorporate a minimum of 50% Premium
Siding material on the front facade. No less than half(25% of the total) of the minimum
"Premium Siding" requirements must incorporate Masonry Products. Credit toward the
remaining "Premium Siding"requirement can be earned via the use of Major
Architectural Features. Each Major Architectural Feature used will earn a credit of 10%
towards the calculation of the minimum Premium Siding Requirement.
Example: A building with 30% masonry on the front elevation will
require the use of two "major architectural features" (10% +
10%=20%)to comply with the total"50% Premium Siding material on
the front facade".
(8) Pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack
facilities are encouraged.
(9) Common open space and outdoor features are encouraged.
5
4. Non-Residential
a. General Provisions
(1) Relationship of Buildings to Site
(a) The site shall be planned to accomplish a desirable transition
with the streetscape, and to provide for adequate planting,
pedestrian movement, and parking area.
(b) Site planning in which setbacks and yards are in excess of the
minimum zoning district requirement is encouraged to provide
an interesting relationship between buildings.
(c) Newly installed utility services, and service revisions
necessitated by exterior alterations, shall be underground.
(d) The architectural character of the building shall be in keeping
with the topographical dictates of the site.
(e) In relating buildings to the site, the provisions of the Zoning
Ordinance in regard to bulk regulations, standards, and off-
street parking shall be part of this criteria. This shall also apply
to sub-section 2 which follows.
(2) Relationship of Site to Adjoining Area
(a) Adjacent buildings of different architectural styles shall be
made compatible by such means as screens, site breaks and
materials.
(b) Attractive landscape transition to adjoining properties shall be
provided.
(c) Harmony in texture, lines and masses is required.
(d) The height and scale of each building shall be compatible with
its site and adjoining buildings.
b. Building Design
(1) Commercial, Office and Institutional Uses
(a) Guidelines for sites that have existing buildings
1. When adding an addition, distinct color variation to an existing
building is prohibited.
2. When a site abuts a county, state or federal highway, and when
an existing building is modified, the property owner shall be
6
required, to the greatest extent possible, to meet the standards
set forth below for the entire building.
3. If an additional building(s) is placed on the site, the additional
building(s) shall, to the greatest extent possible, compliment the
architectural style of the principal building.
4. Any additional building(s) placed on the site shall, to the
greatest extent possible, compliment the materials and/or colors
of the principal building on the site.
(b) Guidelines for unbuilt sites
(1) Masonry Products or Pre-Cast shall be incorporated on at least 50% of
the total building, as broken down as follows: The front façade shall
itself incorporate Masonry Products or Pre-Cast concrete on at least
50% of the façade. Any other façade that abuts a street shall
incorporate Masonry Products. The use Masonry Products or Pre-Cast
concrete is encouraged on the remaining facades.
(2) Creative layout and design of the buildings within the commercial,
office or institutional development is encouraged. Use of windows or
the impression of windows on all sides of the building and the
utilization of a campus-style layout are encouraged. Creative layout
and design will help to decrease the overall mass of the development, to
prevent monotony, and to improve the aesthetic quality of the
development.
(3) The height and scale of each building shall be compatible with its site
and adjoining buildings.
(4) Outlots shall reflect the style, materials, and/or design elements of the
main building. In cases where the main building does not meet the
design guidelines and standards (i.e., in terms of visual design materials
and layout of the building), new outlot development proposals will be
reviewed using the guidelines and standards contained in this
document.
(5) Pedestrian scale features/amenities, such as solid-colored awnings,
covered walkways, windows, street furniture, bicycle rack facilities and
clearly defined entranceways are encouraged.
(6) Common open space and outdoor seating areas are encouraged within
commercial, office and institutional developments.
(7) The location of parking lots in a manner that is logical, safe and
pedestrian friendly is encouraged. In this respect, the location of
parking lots in the rear or side of a building is encouraged.
7
(8) Parking areas shall be treated with decorative elements, building wall
extensions, plantings, berms and other innovative means so as to
largely screen parking areas from view of public ways.
(9) The location of drive-through facilities, including drive-through lanes,
bypass lanes, and service windows, adjacent to a public right-of-way
are not desirable and are discouraged.
(10) Loading bays for commercial and office uses shall not be located in the
front of a building or in the area abutting a public right-of-way.
(c) Standards
(1) All commercial, office and institutional buildings shall consist
of solid and durable façade materials and be compatible with
the character and scale of the surrounding area.
(2) Masonry Products shall not be painted.
(3) Trash enclosures shall be located in areas that are easily
accessible by service vehicles, but minimally exposed to the
public street. Screening these enclosures with a material that is
compatible with the principal commercial, office or institutional
building is required.
(4) Rooftop mechanicals shall be screened and enclosed in a manner that
masks the equipment from view from all sides and is of the same
character and design as the structure. Architectural features such as
parapet walls and varying rooflines, are encouraged. Ground level
mechanicals shall be screened by landscaping and/or fencing, as
appropriate and shall be maintained year round.
5. Industrial Uses
a. Guidelines
(1) Masonry Products or Pre-Cast concrete shall be
incorporated on at least 50% of the total building, as broken
down as follows: The front façade (defined as that façade
that faces a street that includes a main entry to the building)
shall itself incorporate Masonry Products or Pre-Cast
concrete on at least 50% of the façade. Any other façade
that abuts a street shall incorporate Masonry Products or
Pre-Cast concrete. The use of Masonry Products or Pre-
Cast concrete is encouraged on the remaining facades.
Where pre-cast concrete panels or split-face block is
utilized, the use of colors, patterns, or other architectural
features within these panels/blocks is encouraged.
8
(2) Building entryways shall be clearly identified. Building
components, such as windows, doors, eaves and parapets
shall be in proportion to one another.
(3) The location of parking lots in a manner that is logical, safe,
and pedestrian friendly is encouraged. In this respect, the
location of parking lots in the rear or side of a building is
encouraged.
(4) Loading bays for industrial uses may be placed along the
front of the building or the side(s) abutting a public right-of-
way when there is an industrial use across from that facade.
Otherwise, loading bays for industrial uses shall be
discouraged from being placed in the front of the building or
in the area abutting a public right-of-way. When
loading bays are placed where they can be viewed from a
County, State or Federal highway or from a City street
designated on the Comprehensive Plan as an arterial or
collector road, landscaping between the building and the
street shall be such that within five (5) years of installing the
landscaping, it can be reasonably assumed that the bay
doors will screened from the road.
b. Standards
(1) Industrial buildings shall consist of solid and durable façade
materials and be compatible with the character and scale of the
surrounding area.
(2) Industrial buildings with facades greater than 100 feet in length
shall incorporate recesses, projections, windows or other
ornamental/architectural features along at least thirty percent
(30%) of the length of the facade abutting a public street in an
effort to break up the mass of the structure.
(3) Trash enclosures shall be located in areas that are easily
accessible by service vehicles but minimally exposed to the
public street. Screening these enclosures with a material that is
compatible with the principal industrial building is required.
(a) Rooftop mechanicals shall be screened and enclosed in a
manner that masks the equipment from view from all
sides and is of the same character and design as the
structure. Architectural features such as parapet walls
and varying rooflines are encouraged. Ground level
mechanicals shall be screened by landscaping and/or
fencing, as appropriate.
9
6. Signs
The provisions of this section are meant to supplement the City's Sign Code. All
provisions of the Sign Code are in full force. Where conflicts between the two
regulations may occur,the more stringent requirement will apply.
Wall signs shall be part of the architectural concept. Size, color, lettering, location
and arrangement shall be harmonious with the building design, and shall be
compatible with signs on adjoining buildings.
10
Appearance Code Committee Meeting
Minutes—January 20, 2005
Present:
Valerie Burd, City of Yorkville Alderman
Richard Scheffrahn, City Of Yorkville Facade Committee Chairman
Jeff Brown, President, F.E. Wheaton
William Dettmer, Code Official/Zoning Administrator
Lane Neubauer, Lennar, Architectural Planning Manager
Michael Godek, Concord Homes, Estimating Manager
Barry Mayworm, Cardinal Homes, President
Bill Dettmer began the meeting stating that the Committee will be reviewing the
first six pages of the Code. We will be going through the Ordinance and re-writing
certain parts. We will look at how it reads and how it can be applied. Mr. Brown agreed
that the Code needs to be clear — everyone needs to be able to read it and understand it.
Mr. Dettmer mentioned that most of the people building in the community already police
themselves. It is the new people coming in that may not.
Mr. Brown began with page 1:
I. Objectives—no problems
IL Applicability:
Mr. Brown inquired as to the delay for the Fox Industrial Park. Mr.
Dettmer stated that this is one of the oldest parts of the City. We are trying to
give them a chance to bring it up to code. Mr. Brown mentioned that by giving
them a different date, it sets up precedence for others. Mr. Dettmer pointed out
that most of the lots in the Fox Industrial Park were already built out. Ms. Burd
stated that this is an incentive for them to comply.
III. Procedures:
Mr. Brown asked about how the Facade Committee was made up and how
it relates to this Code. Mr. Scheffrahn discussed how the Facade Committee only deals
with downtown development. The program was originally set up four years ago as a pilot
program —it is not City wide and is used as a means to try to improve the exterior of
Appearance Code Committee Meeting
January 20, 2005
Page 2
existing buildings. The Committee is set up with five members with one vacancy. Mr.
Dettmer indicated that the group consists of architects, engineers and a member of the
Historical Society. Someone can apply for the program and if they meet the criteria, will
get matching funds for their restoration.
Mr. Brown inquired as to how often the Façade Committee meets. Mr. Schefrahn
explained that the Committee would meet either twice a year or on an as needed basis.
Mr. Brown wanted to know, if an appeal of the Appearance Code was made, how long it
would hold things up. Mr. Scheffrahn answered that it would be done on an as needed
basis. A meeting would be requested and then set up. The Façade Committee can only
give a recommendation, it would be up to the City Council to make a final decision. The
Facade Committee is an appeal board. It would then have to go to Council.
Ms. Burd stated that an appeal would have to go somewhere for a
recommendation. We chose for it to go to the Façade Committee. An appeal board can
either approve or disapprove. Mr. Brown asked how long it would take for an appeal.
Mr. Dettmer stated that it would be no sooner than 15 days and no later than 30. After
the recommendation, it could possibly go to the next council meeting.
Mr. Godek inquired about PUDs and Annexation Agreements currently in effect.
It was agreed that there would be no changes to these agreements. Mr. Godek would like
to add to Page 1, i., building peiunits for new construction applied for after the execution
of the ordinance and/or"PUD or Annexation Agreements already approved".
Mr. Dettmer indicated that this Code will not change anything currently taking
place. It is for newer developments. All new PUDs and Annexations would be looked at
using this code.
There was a question regarding #ii. of the Applicability section concerning
additions to existing buildings. Mr. Dettmer indicated that this should only apply to
commercial and industrial buildings and not residential. It was recommended that
commercial and industrial be added to this paragraph after"building peunnits for additions
to existing (commercial or industrial) buildings where
Mr. Maywocnu indicated that Cardinal Homes already has several reviews before
they submit for permit. Another plan review would further delay peimit issuance. Mr.
Dettmer pointed out that a plan review would be done anyway. Ms. Burd indicated that a
review of the covenants and restrictions can be done before a decision is made as to
whether it would be approved. If you have a system in place, you can do more of a
quick check. Mr. Scheffrahn stated that when you have a reputable builder, you can have
a level of confidence.
Appearance Code Committee Meeting
January 20, 2005
Page 3
Mr. Mayworm also pointed out that a roof change can have a huge level of
interpretation. Mr. Dettmer indicated that the Committee should try to analyze
differences and discuss them. This subject should be brought back.
Mr. Brown then motioned to skip #3 — The Facade Committee.
III. Criteria For Appearance
#2. Landscape and Site Treatment—Bill Dettmer will make sure everyone
gets a copy of the Landscape Ordinance. Mr. Scheffrahn stated that there were no
real landscape issues in this Code. There was a question as to whether this
portion of the Code needed to be in there if the landscape ordinance covers it. Mr.
Brown agreed that the two may be conflicting and if you already have a review
under the Landscape Ordinance, you will have two levels of government with two
possibly different views.
Mr. Brown stated it would be cleaner if the landscape ordinance is just
referred to in this code since any landscape plans would be submitted and
reviewed by Mike Schoppe under the Landscape Ordinance.
There was further discussion concerning the parking lot lighting. Mr.
Dettmer stated that the International Code does not address exterior lighting and
this would have to be addressed in the Code.
It was agreed that #2 of Section IV i — xii should be eliminated and a
reference to the Landscape Ordinance be made.
Mr. Godek read Orland Park's Monotony Code which allows either one
major change, with a list of those changes or three minor changes with a list of
those changes. (Please see attached Exhibit 1).
#3 Residential:
It was agreed that#1 is fine.
A discussion on what constitutes similar was made. Mr. Dettmer referred this to
#5 on the list which discusses "similar in appearance".
Appearance Code Committee Meeting
January 20, 2005
Page 4
Mr. Godek inquired if roof colors and siding colors could be added to the
list. Ms. Burd stated she did not think color would be considered a substantial
thing. Mr. Dettmer confirmed that he did not think the City wanted to get
involved in colors. Ms. Burd agreed that only physical features are considered. A
homeowner could easily change a color.
It was also requested that if a reverse plan is accepted, it should be noted.
Mr. Godek reviewed the Huntley Monotony Code which references roof
type and height; shape of silhouette; location and shape of garage (See attached
Exhibit 2). Mr. Dettmer pointed out that all of these items were listed in the
Code. Mr. Scheffrahn mentioned the backs of houses are very similar. Mr.
Neubauer indicated that enhanced elements can be applied to shutters, trim, etc. to
make the backs of houses look different. There was general discussion regarding
this issue and it was agreed that another item should be added to enhance the back
of houses if they back up to a park.
Mr. Mayworm asked"where do you put the money in a house". He hopes
this will not raise the price of a house. If you try to change all sides of the house,
your going to add up expenses. Mr. Brown also indicated that people will make
their own changes to the back of their property with pools, decks, sheds, fences,
etc. This is market driven — lets put the money in the front for cost benefit. Mr.
Dettmer agreed that they do not want to drive up the prices and have a house
sitting empty.
Next meeting has been set for February 3, 2005 at 3:30 p.m. and we will start with
page 5.
Meeting adjourned at 4:34 p.m.
Appearance Code Committee Meeting
Minutes —February 3, 2005
Present:
Valerie Burd, City of Yorkville Alderman
Barry Maywoiui, Cardinal Homes, President
Richard Scheffrahn, City Of Yorkville Façade Committee Chaiiiiian
Jeff Brown, President, F.E. Wheaton
William Dettmer, Code Official/Zoning Administrator
John Wozniak, Region President Lennar
Michael Godek, Concord Homes, Estimating Manager
Meeting called to order at 3:45 p.m.
Mr. Scheffrahn asked for a change on the January 20, 2005 meeting minutes.
Page 1, paragraph 3 will be changed to reflect the Facade Committee is now City wide,
instead of not City wide. January 20, 2005 Minutes were approved.
Mr. Maywoiui began the meeting stating that he believes that each
developer/builder should have their own architectural review committee to place the
burden on them to comply with the Code.
Mr. Dettmer stated that there are older lots in the City where a committee would
not be needed as they would not have a problem complying with the Code. Ms. Burd
also confirmed that it would still be up to the plan reviewer at the City to make sure each
plan meets the Code.
Mr. Maywoiiii mentioned if someone comes in with several lots, they may have
their own committee review. Mr. Dettmer agreed that there are areas that already have
that in place and Ms. Burd stated that if everyone had their own review committee, it
does not mean that each plan would meet the criteria.
Mr. Brown inquired as to who would be looking at the plans and approving them.
Mr. Dettmer replied that the Department of Building Safety will review the plans for
compliance and stated that in most instances there is a master set of plans, which would
show the different elevations, etc. He further stated that the Department still has a
checklist that it would go through.
Appearance Code Committee Meeting
February 3, 2005
Page 2
Ms. Burd asked if someone comes in after an extended period of time, would they
have to use a certain designated facade. Mr. Dettmer answered that there would be
nothing tying it to the lot.
Mr. Godek remarked that their company prepares a set of plans with numbers,
which are then placed on a site map when each plan is used so that they can verify that
the houses, either across the street or next to each other, is not similar. They can then
easily identify each lot by its plan number. Mr. Dettmer confirmed that there are several
builders that do that and mentioned that Cardinal Homes has such a review committee in
place to assure that each house is dissimilar. Fortunately, we do have builders that do
this.
Mr. Brown remarked that this would not then be a burden to review and Mr.
Dettmer answered that no, he did not see it as a problem.
Mr. Mayworm agreed that it would be great if a builder can provide a site plan
and Mr. Dettmer confirmed that he would like builders to use a flow chart similar to
Cardinal Homes.
Mr. Godek stated that in most cases 95% of the Ordinances require that a plan
review be made prior to accepting a PUD. The Developer will have several meetings
with the municipalities to review their project before it is approved. Mr. Dettmer
concurred that they do have meetings with builders prior to issuing permits and that a lot
of information is given to the builder before they begin. Ms. Burd inquired if we were
asking that a document be shown stating that it conforms to the code? It was mentioned
that if a subdivision is pre-planned this can be done. It would be more difficult if you are
building to the request of a buyer.
It was agreed by the Committee that another number should be added under Page
1 — III. Procedures, to state: All reviews have been prefouned prior to issuance of
penults.
Page 5, iii. Single-family Attached:
Mr. Brown asked what issues the Committee had with the 50% brick rule and he
read several statements he received from Moser Enterprises on their concerns with this
portion of the Code.
Appearance Code Committee Meeting
February 3, 2005
Page 3
Mr. Godek asked if the code could be changed to 25% of the front facade. Under
the current Code, it is asking for 50% brick on the total building. This could be very
limiting. It was also asked if when you say brick— are you allowing for synthetic brick?
Mr. Dettmer stated that the way the Code reads, he would say just brick. Mr. Godek
mentioned that when you have to use 50% of brick, you have a limited amount of what
you can do.
Mr. Brown referred to a subdivision in Wheaton where all the townhomes are
done in brick, which does not make for a very pleasing look.
Ms. Burd stated that it should be taken to the Board requesting a change that 25%
of the buildings, excluding openings, incorporate brick.
Mr. Godek mentioned that he could have his architect do a quick study and pin
point the percentage of brick to accomplish the look of the model drawings he brought in,
which showed facades using brick. It was brought up that, according to the Code, 50% of
the "entire" building would be brick. Mr. Brown stated that it would not be cost effective
to put brick on the back and sides of a house, so basically, the front of the house would be
brick. Mr. Scheffrahn said he liked the idea of looking at 25%, so you can accomplish
this. Everyone agreed that the models shown on the plans brought in had nice fronts.
Mr. Brown asked if only duplexes and townhomes would have to be brick under this
Code. Mr. Dettmer indicated that yes, single family homes did not apply.
Mr. Wozniak agreed that they currently incorporate this into the Raintree
development being built in Yorkville.
Mr. Godek spoke to the committee about the need for a blended use of material in
townhomes. Mr. Dettmer indicated that this subject should be brought up again and Ms.
Burd stated that she wanted to be sure that the brick would not just be used on trim.
Mr. Brown asked what the difference is between a single family attached dwelling
and a multiple-family dwelling. Mr. Dettmer answered that single family attached or
townhomes, would have a different means of egress. Multi-family dwellings would have
a common egress, such as an apartment building. Mr. Godek further commented that the
tenni duplex is not used in the Residential Code. It is considered a 2 family residence.
Mr. Mayworm indicated that he thought that a list of terms may need to be added.
Jeff Brown continued on with the Code review.
Appearance Code Committee Meeting
February 3, 2005
Page 4
Item #1 —no comments
Item #2- Mr. Godek stated that when a buyer is purchasing a townhome, they are
wanting a since of community. You have to stay within that since of community. He
further stated that townhomes generally come in under a PUD. You can have the same
building, but change the colors. Most people will accept a variance in colors as long as
everyone is getting the same product. Ms. Burd indicated that the City is looking for a
more substantial difference to the buildings. They really want them to look different.
We need to work together to make this work. Mr. Mayworm stated that if you have too
much of a variety in color, it can almost look comical. Mr. Brown mentioned a
community in Algonquin, were they also tried to do a different look to the community
and the buildings compete against each other.
Mr. Dettmer stated that we are going to work on this code. We will make the
changes and then bring it forward to Council. We will be at the Council meeting to
discuss why we are doing this.
Mr. Brown confirmed that he believes that people do want a since of community.
If everyone is paying the same fees, they want the same product. Mr. Godek pointed out
that people will get angry when you offer something different to a neighbor that they are
not offered. Mr. Brown also agreed that generally, when developing townhomes, they
will already have gone through the PUD process. Mr. Godek agreed - we need to state
that when it has gone through the PUD process, it is already accepted. Mr. Brown
confirmed, if it passes the PUD, then why go back through the process? Mr. Dettmer
indicated that these are key items that the Mayor wants to see. We can note in the Code -
See PUD.
Mr. Godek will bring in Dan O'Malley for the next two meetings. Mr. Dettmer
would like to have the Code finalized a soon as possible and indicated that the Committee
will look at numbers 2 and 8 for the next meeting. Mr. Brown agreed—numbers 3, 4, 5,
6 and 7 are fine. We should also note acceptance of a PUD. Mr. Mayworm would like
general guidelines when they come in for a PUD. Mr. Dettmer brought it to the attention
of the committee that certain areas in the City, which are currently zoned R-4, can go
straight to permitting without going through a PUD. Mr. Brown asked about changing
the zoning and Mr. Dettmer said this would not be accepted. Mr. Brown stated that
maybe we should note that if there is no PUD—this is what you are required to do.
Appearance Code Committee Meeting
February 3, 2005
Page 5
Mr. Godek mentioned that you have to pre plan a townhome community since
you do not have defined lots. You will have to determine certain building heights, etc.
Mr. Wozniak agreed that in a townhome community, you are trying to plot maximum
density. They will try to get away from a 2 unit, a 3 unit, a 4 unit and a 5 unit building
and do just two or three different types, depending on the shape of the land. We will then
know the cost up front. Mr. Mayworm pointed out that by doing this you would also be
locking yourself into a certain market. Mr. Wozniak answered that if a certain unit does
not sell well, they can make it up on the other units.
It was agreed that we will need consistency. Either use a PUD or give them
guidance. Mr. Brown stated that maybe the Code could just state that the use of brick (or
masonry) is encouraged. Mr. Godek agreed that this would get a better mix.
Item #9—no comments
Item #10 — Mr. Godek would like to change open space and outdoor seating to:
open space and outdoor features.... So it is not defined.
Mr. Wozniak brought up problems with landscaping issues and snow removal.
Mr. Brown stated that the committee had already addressed the landscape issues and it
was agreed that all landscaping references would be taken out and a reference to the
Landscape Ordinance would be made.
Mr. Dettmer would like to have a draft of the proposed changes that have been
considered and a review for the next meeting. We will then look at commercial and
industrial projects and finalize residential. He would like to make sure everyone is
comfortable with this portion of the Code before continuing. Mr. Brown agreed that if
we can look at the Code with the changes, he believes it will help to make it clear.
Mr. Maywonn indicated that he believes the Council will want this code tweaked
and ready to be approved. Mr. Dettmer agreed that when it goes back to Council, they
will get an advance copy to review and can then vote on it. He further indicated that
Valerie Burd will be presenting the Code for us and hopefully it can be approved.
Mr. Scheffrahn confirmed that if we can get this passed, we can then clean it up as
things come in. He asked that we try to have this part done by March 3, 2005. Mr.
Brown believes that if we can clean up the brick issue in commercial and industrial, we
will be done. He stated that we will need at least two more meetings. Mr. Dettmer told
the Committee that he will not be present the last week of February. Mr. Brown stated
that maybe a meeting could be set up on the 24th to finalize.
Appearance Code Committee Meeting
February 3, 2005
Page 6
Mr. Godek handed out some changes that he would like to have made to Page 4,
Section 3 to clarify teras used (See attached Exhibit 1).
Meeting was adjourned at 5:10 p.m.
Appearance Code Committee Meeting
Minutes —February 17, 2005
Present:
Valerie Burd, City of Yorkville Alderman
Barry Mayworm, Cardinal Homes, President
Richard Scheffrahn, City Of Yorkville Facade Committee Chairman
Jeff Brown, President, F.E. Wheaton
William Dettmer, Code Official/Zoning Administrator
John Wozniak, Region President Lennar
Michael Godek, Concord Homes, Estimating Manager
Meeting called to order at 3:37 p.m.
Guest Speaker: Daniel F. O'Malley, AlA, Director of Design, with Bloodgood
Sharp Buster.
Mr. Brown asked Guest Speaker, Daniel O'Malley if he had run percentages of
brick on the facades for the models shown on the handout. Mr. O'Malley asked to verify
that the City is looking for 25% of bricks on homes. Mr. Dettmer stated that this code
would only deal with multi-family homes and single-family attached homes. Mr. Brown
stated that we need to know how we are going to use this. Mr. O'Malley indicated that
he normally would calculate the perimeter of wall space—let's say 1000 square feet, and
then subtract the windows, entryways, trim areas, garages etc. and what you have left
would be say 700 feet left. That value is what you will base your figure on. 25% would
be 350 square feet.
Mr. Scheffrahn asked how you would then apply that. Mr. O'Malley replied that
you would generally take the path of least resistance and put it on the first floor only.
This has sometimes been a mistake. He further mentioned that brick columns are
sometimes better than a horizontal look. Mr. Brown asked about using brick in certain
areas and further asked about how it would be applied if a house has a portion that would
protrude out similar to a T shape, could you get credit for that area? Mr. Godek
responded that if you know you're going to see that portion of the house, you should be
able to get credit for that. Ms. Burd replied that they are looking for a stricter
interpretation.
Appearance Code Committee Meeting
February 17, 2005
Page 2
Mr. O'Mally inquired about if the house is designed where it is mathematically
short, say 41% instead of 50%, how would that be handled? Mr. Brown indicated he
would like the spirit of the code to be able to use more of a variety of products, which
could include brick, drivit, etc. He had asked about this in the Council meeting and Mr.
Dettmer had indicated that Drivit was not considered masonry and could not be used.
Ms. Burd also confirmed it could not be used as part of this ordinance.
Mr. Brown further inquired if cedar or some other expensive type of material
could be used instead of just brick. Ms. Burd indicated that the Council wants the
ordinance to be general, so that if new things come in, we would not have to change it.
Mr. Godek asked: What if we would say not vinyl or aluminum- or if you say you want
a percentage of the house not be sided. Ms. Burd had concerns on whether you could
legally exclude a product.
There was further discussion with Mr. O'Malley indicating that the Council is
asking that brick be used on the front facade area only. Mr. Brown asked if 40-50%
brick was reasonable. Mr. O'Malley responded that it depends on the size of the house.
Mr. Brown asked if you could trade brick or other features? Ms. Burd stated that
we are not talking about single-family homes. We are talking about townhomes.
Builders do not tend to use more features when building townhomes. Mr. Brown
mentioned that texture change is going to be more pleasing. Ms. Burd indicated that
color change is not what the Board is looking for. Mr. O'Malley agreed that most buyers
will play it safe with colors, if given a choice
Mr. Dettmer stated that we will need to get more information on how we are
going to apply more details to duplexes and single-family attached dwellings. He liked
the idea of stating premium products. Ms Burd mentioned that 75% of the buildings
would have to have masonry and 50% of the front would have masonry. There was
discussion on installing Drivit. Mr. Dettmer indicated that if it is not installed correctly,
you will have a lot of problems, but when it is installed correctly, it is not a bad product.
A builder would have to be educated on installing it. Mr. Brown indicated that it is as
expensive as brick.
Appearance Code Committee Meeting
February 17, 2005
Page 3
Mr. Godek asked if you could use a different product on 25% of the facade and
50% brick in order to arrive at the 75%. Mr. Brown indicated that a variety would soften
the look. Mr. Godek asked about receiving visual credit — when an entire building is
looked at. He will bring in samples to look at. Mr. Dettmer agreed that they want a
municipality that has architectural features with variety and change. Mr. Brown asked
what features would be credited and Mr. Godek mentioned that he would like to see such
items as bay windows and dormers be credited. Mr. O'Malley responded that you have
to sell the look of a building. If you are looking at a six unit townhome, you can get
there, but you do not want to take away the freedoms of an architect. Mr. Dettmer agreed
that the City does not want to limit the professional design, but we need to have certain
values.
Ms. Burd stated that there are builders out there that can build a beautiful project
without brick. We are trying to stop builders who just do a plain, lowest common
denominator product. The burden of final approval will be with the City. Mr. Wozniak
pointed out that he has been in communities where credits have been used — stone is 5%,
asphalt is 10%, etc. This would reward builders for detached garages, for front porches
and dormers. This makes for a better character of a house. Ms. Burd stated that masonry
would have a large percentage of design credit. Mr. O'Malley responded that you can
have 50 to 60% brick and still have a building you would not want. Mr. Dettmer agreed
that a builder should use products that soften a building—we do not want to get caught in
a barrack community.
Mr. O'Malley stated that maybe what is missing in the Code is statements like:
what is appropriate and what is discouraged or saying flat fronts are discouraged. Ms.
Burd mentioned that the City is worried about the person who comes in and says they
have the zoning and this is what we are going to do. Mr. Brown agreed that this
encourages a builder to design to a certain product. Ms. Burd responded that for a builder
to come in to the City and build a cookie cutter building would hurt their market.
Mr. Brown mentioned that if you are telling a builder you have to use dormers,
porches and the like, you are giving them a variety of ways to spend money. When you
are building a four unit building, you are looking at the total building. There will always
be someone who tries to cut corners, but at least you are giving them guidelines. Mr.
Wozniak responded that land prices are going up. Builders will have to pass this expense
on to the buyer. The prices of lots in the City would already prohibit a bad product, so
what you are trying to do is moot. Mr. Godek agreed that when a person is trying to sell
a house, you can put in changes at the architectural point, and save money. Mr. Wozniak
pointed out that this is not the tool you need. A builder does not want to build a product
that just sits. You have to balance—I like the idea of credits.
Appearance Code Committee Meeting
February 17, 2005
Page 4
Ms. Burd indicated that the Board wants to put this to bed. Mr. Godek indicated
that he has a list of 15 items which could be used as credit. Mr. Scheffrahn asked how
you propose a credit on these items. Mr. Godek responded that you would start with the
50% of brick and get credits for the items listed. Ms. Burd indicated that the Board
would have to see at least 30% at this point and make up the difference. Mr. Scheffrahn
stated that a use of so called natural products could be used so you do not have vinyl
product. If someone comes in with a product they would like to use, they can always go
to the Facade Committee for a review.
Ms. Burd agreed that most of what they deal with is done in a PUD. Mr. Dettmer
stated that they are looking for a certain level and build up. We want architects to still
have the freedom to design. It could create more problems when you designate a certain
amount of material. Mr. Scheffrahn agreed that credit is a good concept. Ms. Burd
mentioned that the code would have to have a starting point of 50% and then say up to
20% can be credited with a combination of three of the following....
Next meeting date will be February 24, 2005 at 3:30 p.m.
Meeting was adjourned at 4:55 p.m.
Appearance Code Committee Meeting
Minutes—March 3, 2005
Present:
Jeff Brown, President, F.E. Wheaton
Michael Godek, Estimating Manager, Concord Homes
Barry Maywoini, President, Cardinal Homes
Richard Scheffrahn, Committee Chaiinian, City of Yorkville
Guest Speaker: Daniel F. O'Malley, AIA, Director of Design, with Bloodgood
Sharp Buster.
Meeting called to order at 3:33 p.m.
Jeff Brown went over changes/corrections to the February 17, 2005 meeting
minutes.
Mr. Godek reviewed some of the changes he would like to the Appearance Code
and requested a change to page 3, section 3, number (5). Mr. Brown indicated that this
change was discussed and he felt that the City Council would like fewer changes to the
Appearance Code as possible.
Page 5, number (8) was discussed and the following changes were agreed upon:
Masonry products shall be incorporated on at least 75% of the total buildings in the
approved community, and shall incorporate a minimum of 50% premium siding material.
No less than half of the minimum "premium siding" requirements must incorporate
masonry products. Credit toward the remaining "premium siding" requirement can be
earned via the use of major architectural features or minor architectural features.
There was discussion on whether the Code should be 100% or 75% of the total
buildings. Mr. Godek stated that 75% would promote non-monotony by giving the
option of doing something different on one of the buildings (using the 4 building
example). Mr. Scheffrahn commented that if you use masonry products on all 4 units,
you would exceed the total number.
Mr. Brown stated that he felt that duplexes should be considered the same as
single family, which does not have a brick requirement.
Appearance Code Meeting Minutes
March 3, 2005
Page 2
Mr. Scheffrahn pointed out that Mr. Godek had stated previously that most people
are looking for a sense of community. If you build a townhome community of say 200
buildings, 50 could be vinyl. If you have 4 units that are brick, you don't want one with
vinyl. Mr. Brown mentioned that if you have several buildings though, you would be
able to diversify by using vinyl. Further discussion was had regarding Page 5, number 8
changes. Mr. Brown indicated that premium products would be listed under the
definitions
There was discussion on what would qualify as credits for the major and minor
architectural features:
Dormers— 10% of all doiniers was discussed. It was mentioned that if a builder
would use three (3) doinuers on a building that would still qualify as 10%, not 30. Mr.
O'Malley mentioned that you want to promote harmony and dormers should be
distributed equally (pictures of properties with dormers were shown). You have certain
design features and codes to deal with when putting up doiniers.
Mr. Brown indicated that he felt street facing gables would not apply as the Code
already states that roof types have to be different.
Mr. Maywonu responded that he did not think shutters would be something the
Council is going to go with. Mr. Brown also agreed that he was not impressed with
shutters and it should not be an item to get credit for. Mr. Mayworm further indicated
that he did not think the Council would be impressed with any minor features.
Mr. Godek asked about covered porches. Mr. Brown indicated that porches have
to have a minimum requirement anyway. Mr. O'Malley responded that when you try to
attach a value—keep it reasonable. Mr. Godek replied that a porch would have to be at
least 25 square feet to qualify as a major credit. Mr. O'Malley stated we should get rid of
the word extended and just use covered porches.
Mr. Brown stated the use of window trim can be a minor expense. Mr. Godek
agreed that the person who is going to try to get away with putting trim around just one
window is not going to sell the product.
Mr. O'Malley then discussed various columns and stated that one type should be
for major and one for minor and then list them out. Columns can be boxed out or round
turn columns.
A discussion was had regarding window trim. This would count as 5% credit for
decorative trim or gable—you could do one or the other.
Appearance Code Meeting Minutes
March 3, 2005
Page 3
Mr. Scheffrahn asked if someone wanted to use cedar on all of the buildings—Mr.
Brown interjected you would still have to use masonry products on the other half.
Dormers were then brought up. Mr. O'Malley commented not to make a list of
designs—let them design. Mr. Scheffrahn responded that if you commit to a dormer,
your going to want to do it right. Mr. Brown agreed—dormers would be major and leave
it at that.
Mr. Brown asked about cupolas (shown on pictures). Mr. O'Malley responded
that they should be used sparingly and appropriately. He would not recommend using it
as an encouragement. He further mentioned that his company had changed the building
shown every time they designed it. The cupolas were part of the change.
Balconies were then considered. Mr. Brown stated you can just put up a balcony,
but you would usually have more to it.
Garage doors/window lights —an upgraded garage door would be 5%.
Meeting adjourned 4:40 p.m.
The next meeting will be Thursday, March 10, 2005.
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2002- di
RESOLUTION APPROVING SPECIAL TAX BOND POLICY
WHEREAS, the UNITED CITY OF YORKVILLE is experiencing substantial growth for
residential, commercial, manufacturing, and industrial uses which require the installation of
substantial infrastructure to the City and related tax bodies; and
WHEREAS, the need for substantial installation of infrastructure has generated extra
ordinary costs over and above those normally associated with the development of real property
within the City limits; and
WHEREAS, the City if desirous of providing that the cost of infrastructure be borne as
much as possible from private funding sources, so as not to constitute a burden on its existing
citizens; and
WHEREAS, the Illinois Legislature has approved various private funding mechanisms
know as Special Tax Service Areas (SSA) and Special Tax Assessment Areas (SAA), but not
limited thereto, and there may be future types of private funding mechanisms created which will
inure to the benefit of the UNITED CITY OF YORKVILLE and private property owners to
provide private funding mechanisms for purposes of creating a fund for payment and
construction of infrastructure improvements; and
WHEREAS, the UNITED CITY OF YORKVILLE through the services of private
Consultants has done a study to determine the applicability of said private funding mechanisms
to the creation, design, and construction of infrastructure improvements within the UNITED
CITY OF YORKVILLE; and
WHEREAS, the City Council of the UNITED CITY OF YORKVILLE deems it in the
best interest of the City, its Citizens, and as an acceptable method of providing the financing for
the construction of various infrastructure improvements; and
WHEREAS, the City is further desirous of providing that said infrastructure
improvements will be constructed and financed with no recourse on the underlying bond
obligations to the UNITED CITY OF YORKVILLE:
NOW THEREFOR upon Motion duly made, seconded, and approved by those so voting
the Special Tax Bond Policy attached hereto and incorporated herein by reference is hereby
adopted and it is RESOLVED by the City Council of the UNITED CITY OF YORKVILLE that
said Special Tax Bond Policy shall be the guideline structure to determine the applicability of
those private funding mechanism indicated above and within the Special Tax Bond Policy to be
used in the UNITED CITY OF YORKVILLE to fund infrastructure improvements.
MIKE ANDERSON JOSEPH BESCO (11,
VALERIE BURDJ PAUL JAMES
LARRY KOT MARTY MUNNS '!
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this -)111 day of rr ( �'�L{ � , A.D. 20 .
•a
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this (r d ��r-���- (
ay of ( ' \� , A.D. 2W
- «a.- 0
CIT LERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkvill , Illinois 60560
630.553.9500
I~d--1
..,C
United City of Yorkville
SPECIAL TAX BOND POLICY
General Statement: In order to provide more comprehensive public infrastructure for
projects undertaken in the City and to help projects meet or exceed
the desired standards and guidelines of Yorkville, it is the desire of
the City to consider issuing Special Tax Bonds as a municipal
financing instrument. The Special Tax Bonds shall be issued as
either Special Service Area Bonds (35 ILCS 200/27-5) or Special
Assessment Bonds (65 ILCS 5/9-1-1) (the "Bonds"). Such Bonds
shall finance public infrastructure for defined areas where the
burden of the tax or assessment is limited to that specific area. The
City will not be liable or responsible for, nor will it pledge any
general obligation or other City revenue for, the repayment of such
Special Tax Bonds. The Bonds shall be repaid only from a tax or
assessment on the benefited property. No other taxpayers are
obligated to pay this special tax.
Eligible Infrastructure
Costs: • The City will consider the issuance of Special Tax Bonds for the
following public costs associated with a proposed project:
• Water mains, laterals and qualified water storage and
production facilities
• Sewer interceptors, mains & laterals
• Sewer treatment facilities
• Roads including signaling
• Right of way landscaping & curbs
• Engineering and related professional fees
• Walking paths & sidewalks
• Park improvements
• Offsite land acquisition cost for storm water& detention
improvements including regional or multi-party storm
water management use
• Certain connection fees
• Certain mass grading costs
• Certain pro-rata costs for police, fire and/or public works
facilities related to the project
1
All such costs shall pay for public improvements that are either
owned by the public or are the subject to permanent public
easements. All such costs shall be reviewed and approved by the
City and its bond counsel and financial advisor before issuance.
Eligible Projects: The City will consider such Bonds for housing, retail, commercial,
office and/or industrial projects. Realizing that there is an
expenditure of time and effort on the part of the City and its
professionals, the City requests that a qualified bond underwriter
review all Special Tax Bond proposals for reasonableness and
marketability before the formal presentation to the City.
The City may further and likely will, hire the services of an
independent financial consultant to review the terms of any Special
Tax Service Area or Special Assessment Area Bonds, advising the
City of the appropriateness of the issue, the marketability, and
providing financial advice to the City. Further, the City shall seek
an independent Bond Counsel to issue a Legal Opinion Letter
ensuring that the City has no direct liability or residual liability on
said Bonds. All the consulting fees incurred by the City whether
for legal services or independent financial consulting shall be
reimbursed to the City out of the Bond proceeds, at the first draw
down upon said bonds.
Policies & Procedures: All normal and regular City ordinances, policies, procedures and
subdivision control standards shall be followed and required of the
proposed project.
The City reserves the right to suspend or stop discussion or
proceedings concerning Special Tax Bonds at anytime.
2
TOWN & .1,-;. b HOMES
May 22, 2003
Mayor Jim Eschenbauch
Village of Wauconda
101 N. Main Street
Wauconda, IL 60084
RE: Wauconda SSA No. 1
Dear Mayor Eschenbauch:
At the May 13 and May 20,2003 Wauconda Village Board Meetings extensive
discussion and ultimately a vote was cast to approve Wauconda Special Service Area No.
1. Prior to the vote a concern was raised regarding a potential hardship brought on by the
SSA to the Wauconda School Districts' ability to raise revenue through referendums and
taxpayer funding. Property owners paying additional property taxes for the SSA would
not want to support efforts by the School District to raise revenue if it meant an increase
in their property taxes.
Based on the concern I decided to do some investigating and see if there was any
empirical data to support this. I discovered that in November, 2002 School District 158
(Huntley)posed the question to voters to issue $80,000,000 of bonds to build and equip
new schools within their district. The proposition passed by a margin of 61%to 39%. I
further discovered that within School District 158 there are three subdivisions that have
Special Service Areas. They are Heritage of Huntley,Wing Pointe and South Wind. All
are annexed to the Village of Huntley. The annual SSA taxes per single family home are
approximately$1,326, $1,600 and$1,505 respectively. If you recall Wauconda Special
Service Area No. 1 has an initial annual tax of$1,095 per single family home.
I also inquired with the McHenry County Clerk's Office to see if precinct election results
were available for each of these subdivisions. The Clerk's office indicated that they
were. Attached is a copy of the percinct by precinct results for the School District 158
proposition. "Grafton 22"precinct consists of Heritage of Huntley and Wing Point
Subdivision and some surrounding areas. "Grafton 16" consists of South Wind and
surrounding areas. The voting results for these precincts on this issue are even more
positive than the results for the entire School District 158 area. In Grafton 16 and
Grafton 22 precincts the voters voted in favor by a margin of over 73% yes to 27 %no—
twelve percentage points higher than the entire School District 158 result.
1806 S. Highland Avenue • Lombard, Illinois 60148 • (630) 953-2222
Mayor Eschenbauch
May 22, 2003
Page 2
Based on this information there appears to be no correlation between the existence of an
SSA and voters' unwillingness to support school funding. Thank you for your approval
of the Wauconda Special Service Area Number One.
Sincerely,
Town and Country Homes
kJ,
John McFarland
Vice President, Land Development
cc: Village Trustee Lorrie Godawa
Village Trustee John Amrich
Village Trustee Carl Aronson
Village Trustee Salvatore Saccomanno
Village Trustee Paul Bird
Village Trustee Patrick Murphy
Village Administrator Dan Quick
Village Attorney Rudy Magna
1806 S. Highland Avenue • Lombard, Illinois 60148 •(630) 953-2222
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PROPOSITION TO ISSUE
$80,000,000.00 SCHOOL BUILDING'
BONDS
Shall the Board of Education of
Community Consolidated School
District Number 158, McHenry and
Kane Counties, Illinois, acquire land,
build and equip new school buildings,
improve sites, build andequip additions
to and alter, repair, renovate and equip
existing school buildings and build and
equip a transportation and
administration facility and issue bonds
of said School District to the amount of
$80,000,000 for the purpose of paying
the costs thereof?
fYES
ciNO .
Page 1 of 1
,
Bart Olson
From: Susan K. McLaughlin [smclaughlin@vil.north-aurora.il.us]
Sent: Friday, December 17, 2004 10:46 AM
To: bolson@yorkville.il.us
Subject: RE: [lamma] Business Sales Tax Incentive Packages
Bart,
We just finished one with Woodman's Supermarket and are in the process of approving one with Rubloff
Development for a Target & Kohl's also. What do you need in regards to basic specs?
Woodman's is receiving $3 million over 10 years as .5% of our 1.5% sales tax rate. We get$150K then they get
$150K, we get $200K, then they get $200K and so on until the $3 million is paid back. If we don't get any sales
tax revenue, then they don't get paid either. With Rubloff Development, we're looking at a similar situation. A half
percentage of sales tax revenue from our 1.5% total sales tax rate. I'm sorry I can't give you specifics on that one
yet because it hasn't been approved yet. Algonquin recently had an incentive agreement with Rubloff as well.
You could try to contact them.
Sue McLaughlin
Village Administrator
Village of North Aurora
25 E. State St.
North Aurora, IL 60542
(630) 897-8228 ext. 226
From: iamma-bounces@mailman.depaul.edu [mailto:iamma-bounces@mailman.depaul.edu] On Behalf Of Bart
Olson
Sent: Friday, December 17, 2004 10:15 AM
To: LISTSERV
Subject: [Iamma] Business Sales Tax Incentive Packages
Hello everyone—
Has anyone recently approved a sales tax incentive package or policy to attract commercial or industrial
development? I would need basic specs of any agreement you may have entered into, or know of. I know
Mokena just entered into an incentive package with a lifestyle center, and St. Charles has been involved with one.
Bart Olson
Administrative Intern
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
630-553-8537
c/i 7hnnc
Page 1 of 1
Bart Olson
From: Michael Flynn [mflynn@mundelein.org]
Sent: Friday, December 17, 2004 5:14 PM
To: bolson@yorkville.il.us
Subject: RE: [lamma] Business Sales Tax Incentive Packages
We have completed 2 sales tax incentive agreements in recent years. One with Cub Foods and one with a
shopping center developer. In both cases the incentives were provided to compensate the developers for
extraordinary costs of development. In the Cub Foods case extraordinary costs included demolition of an existing
big box, and various site improvements. In the other case the Village required a lot of improvements to the State
and county roads around the site including a traffic light, intersection improvements, widening etc. In each case a
maximum amount and time period was set; the reimbursements were based on performance (i.e. the more sales
tax they generated the faster they got paid, but never more than the cap). For Cub the deal was $800,000 over
12 years. For Mundelein Crossing it was up to $6M over 15 years with certified costs of the road work to be
provided.
That's it in a nutshell. It is case-by-case, balancing the extraordinary costs with the net sales tax increase for the
Village.
Mike Flynn
Assistant Village Administrator
Original Message
From: iamma-bounces@mailman.depaul.edu [mailto:iamma-bounces@mailman.depaul.edu]On Behalf Of Bart
Olson
Sent: Friday, December 17, 2004 10:15 AM
To: LISTSERV
Subject: [Iamma] Business Sales Tax Incentive Packages
Hello everyone—
Has anyone recently approved a sales tax incentive package or policy to attract commercial or industrial
development? I would need basic specs of any agreement you may have entered into, or know of. I know
Mokena just entered into an incentive package with a lifestyle center, and St. Charles has been involved
with one.
Bart Olson
Administrative Intern
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
630-553-8537
-S/17/7(1(15
12/08/2004
ECONOMIC INCENTIVE AGREEMENT
BY AND BETWEEN
THE VILLAGE OF BUFFALO GROVE AND THE ARLINGTON AUTOMOTIVE GROUP, INC.
This Agreement is made and entered into as of the xx day of January, 2005, by
and between the Village of Buffalo Grove , an Illinois home rule municipal corporation
(hereinafter defined as the "Village") and The Arlington Automotive Group, Inc., an Illinois
corporation (hereinafter defined as "Toyota").
In consideration of the recitals and mutual covenants and agreements set forth
herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
SECTION 1. RECITALS.
A. Toyota conducts its Business at the Premises commonly known as 935
West Dundee Road, Buffalo Grove, Illinois.
B. Toyota has adopted the assumed names of "Arlington Toyota" and
"Arlington Collision Center".
C. Toyota desires to expand its Business in the Village of Buffalo Grove,
including but not limited to, expanding its vehicle inventory, sales, service and repair operations.
The single order acceptance point for all of Toyota's Business would continue to be conducted
from the Premises.
D. In order to assist Toyota with its expansion plans in the Village, and to
undertake and ensure the success of the Development, the Village agrees, pursuant to the
terms of this Agreement, to share sales tax received by the Village using a formula which
corresponds to new sales tax revenue generated by the Development over a finite period of
time.
E. As of the date of this Agreement, the total sales tax rate applicable on the
sale of certain tangible personal property, including but not by way of limitation, items that must
be titled or registered by an agency of the State of Illinois (e.g. automobiles) within the Cook
County portion of the Village is seven and three-quarter percent (7.75%), the Village portion of
which is one percent (1%) (which is comprised of the one percent (1%) Illinois retailers'
occupation tax).
F. As of the date of this Agreement, the total sales tax rate applicable on the
sale of taxable tangible personal property (e.g. general merchandise but not including
automobiles) is eight and three-quarter percent (8.75%), the Village portion of which is two
percent (2%) (which is comprised of the one percent (1%) Illinois retailers' occupation tax, and
the one percent (1%) Village's Home-Rule Sales Tax).
G. The Village has the power and authority to enter into this Agreement
pursuant to, but without limitation, the home rule powers of the Village under Section 6, Article
VII of the 1970 Constitution of the State of Illinois.
1
SECTION 2. RULES OF CONSTRUCTION AND DEFINITIONS.
A. The language in this Agreement shall be interpreted in accordance with
the following rules of construction: (a) The word "may" is permissive and the word "shall" is
mandatory; and (b) except where the context reveals the contrary: The singular includes the
plural and the plural includes the singular, and the masculine gender includes the feminine and
neutral.
B. Whenever used in the upper case in this Agreement, the following words
shall have the following meanings:
1. Agreement. This Economic Incentive Agreement.
2. Audit. Undertaken at the sole cost and expense of the Village, a
review of the books and records of the Business by the Financial Consultant for
the purpose of making a determination of the amount of Municipal Sales Tax the
Village should have received under the terms of this Agreement and for the
purpose of verifying Toyota's compliance with the terms of this Agreement.
3. Base Year. The twelve months immediately preceding the
Commencement Date.
4. Business. All of the sales operations of Toyota that occur on the
Premises, including but not limited to, the sales, service and repair of
automobiles and all associated operations.
5. Commencement Date. The first day of the first calender month
following the date upon which Toyota is issued a Village Certificate of
Occupancy for the Development, but no later than December 31, 2006.
6. Development. The expansion and renovation of the existing facilities
and infrastructure on the Premises in order to increase vehicle inventory, and
expand service and repair operations. (WGR Note: This language will need to
be adjusted once the actual plans are determined.)
7. Financial Consultant. The person, firm or corporation and agents
thereof authorized by the Village to conduct an Audit, at the sole cost and
expense of the Village, of the Business regarding all transactions occurring
during any given Sales Tax Year following the date of this Agreement.
8. Gross Receipts. The term "Gross Receipts" shall have the same
meaning as that which is ascribed to it in the Retailers' Occupation Tax Act.
9. Home Rule Sales Tax. The one percent (1%) sales tax imposed in
the Village pursuant to Village's Home Rule Sales Tax Ordinance No.
2004-16enacted in accordance with the Home Rule Municipal Retailers'
Occupation Tax Act (65 ILCS 5/8-11-1) and the Home Rule Municipal Service
Occupation Tax Act (65 ILCS 5/8-11-5). Pursuant to the Home Rule Municipal
Retailers' Occupation Tax Act, said tax shall not be imposed upon an item of
2
tangible personal property titled or registered with an agency of the State of
Illinois.
10. Incremental Municipal Sales Tax. The additional Municipal Sales
Tax generated by Toyota from the Development in excess of the Municipal Sales
Tax generated from the existing operation. For purposes of this Agreement, the
Municipal Sales Tax generated from the existing operation shall be determined
based on the Municipal Sales Tax paid by Toyota for the Base Year, but not less
than $430,000.00.
11. Municipal Sales Tax. That portion or component of the Sales Tax
generated by the Development that the Village actually receives from the State
of Illinois pursuant to the Village's Home Rule Sales Tax, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act,
and the Use Tax Act.
12. Municipal Sales Tax Payment. The payment to Toyota of a portion
of the Municipal Sales Tax that the Village is required to make pursuant to
Section 3 of this Agreement.
13. Payment Date. Within ninety (90) days after the end of each Sales
Tax Year.
14. Premises. The real estate and structures located at the commonly
known address of 935 West Dundee Road, Cook County, Buffalo Grove, Illinois.
15. Retailer's Occupation Tax Act. The Illinois Retailers' Occupation
Tax Act, 35 ILCS 120/1 et seq., as the same has been, and may, from time to
time hereafter be, amended.
16. Sales Tax(es). Any and all taxes imposed and collected by the State
of Illinois pursuant to the Home Rule Sales Tax, the Retailer's Occupation Tax
Act, the Service Occupation Tax Act, the Service Use Tax Act, or the Use Tax
Act.
17. Sales Tax Year. The period of time commencing on the
Commencement Date and ending on the date that is one year after the
Commencement Date, and each of the seven (7) succeeding one year periods
thereafter.
18. Service Occupation Tax Act. The Illinois Service Occupation Tax
Act, 35 ILCS 115/1 et seq., as the same has been, and may, from time to time
hereafter be, amended.
19. Service Use Tax Act. The Illinois Service Use Tax Act, 35 ILCS
110/1 et seq., as the same has been, and may, from time to time hereafter be,
amended.
20. Use Tax Act. The Illinois Use Tax Act, 35 ILCS 105/1 et seq., as the
same has been, and may, from time to time hereafter be amended.
3
21. Village or Village of Buffalo Grove. The Village of Buffalo Grove,
an Illinois municipal corporation and home rule unit as described in the Illinois
Constitution.
SECTION 3. MUNICIPAL SALES TAX PAYMENT.
A. The Village shall pay Toyota the Municipal Sales Tax Payment on or
before the Payment Date an amount equal to the following formulas:
1. For the first Sales Tax Year, eighty percent (80%) of that year's
Incremental Municipal Sales Tax.
2. For the second Sales Tax Year, seventy percent (70%) of that year's
Incremental Municipal Sales Tax.
3. For the third Sales Tax Year, sixty percent (60%) of that year's
Incremental Municipal Sales Tax.
4. For the fourth Sales Tax Year, fifty percent (50%) of that year's
Incremental Municipal Sales Tax.
5. For the fifth Sales Tax Year, forty percent (40%) of that year's
Incremental Municipal Sales Tax.
6. For the sixth Sales Tax Year, thirty percent (30%) of that year's
Incremental Municipal Sales Tax.
7. For the seventh Sales Tax Year, twenty percent (20%) of that year's
Incremental Municipal Sales Tax.
8. For the eight Sales Tax Year, ten percent (10%) of that year's
Incremental Municipal Sales Tax.
B. Prior to any Municipal Sales Tax Payment, Toyota shall provide the Village
with copies of its Sales Tax returns for the Base Year for the existing operation, which returns
shall be used for establishing the existing operation sales.
C. The amount due pursuant to this Agreement shall not be a general
obligation of the Village. The Village shall not have an obligation to pay any amounts to Toyota
except an amount equal to the Village's local sales tax share actually received from Illinois
Department of Revenue on account of the Development and not exceeding the sales tax rates
as set forth in this Agreement.
D. The Village shall continue the Municipal Sales Tax Payments until the
earlier of (i) the eight (8) year term of this Agreement, or (ii) a maximum of $1,300,000.00 has
been paid by the Village to Toyota.
E. In the event that any sales tax returns that have been submitted to the
Village are amended, Toyota shall promptly forward a photocopy of such amended sales tax
returns to the Village, clearly identifying them as an amendment of a sales tax return previously
submitted to the Village.
4
F. Should Toyota transfer or sell its operation or cease its Business on the
Premises within four years of the Commencement Date of this Agreement, then Toyota shall
reimburse to the Village 100% of the Municipal Sales Tax Payments received pursuant to this
Agreement.
SECTION 4. LITIGATION AND DEFENSE OF AGREEMENT.
A. Litigation. If, during the term of this Agreement, any lawsuits or
proceedings are filed or initiated against either party before any court, commission, board,
bureau, agency, unit of government or sub-unit thereof, arbitrator, or other instrumentality, that
may materially affect or inhibit the ability of either party to perform its obligations under, or
otherwise to comply with, this Agreement ("Litigation"), the party against which the Litigation is
filed or initiated shall promptly deliver a copy of the complaint or charge related thereto to the
other party and shall thereafter keep the other party fully informed concerning all aspects of the
Litigation.
B. Defense. The Village and Toyota each agree to use their respective best
efforts to defend the validity of this Agreement, and all ordinances and resolutions adopted and
agreements executed pursuant to this Agreement, including every portion thereof and every
approval given, and every action taken, pursuant thereto.
SECTION 5. REMEDIES.
A. Remedies. In the event of a breach or an alleged breach of this
Agreement by either party, either party may, by suit, action, mandamus, or any other
proceeding, in law or in equity, including specific performance, enforce or compel the
performance of this Agreement.
B. Notice and Cure. Neither party may exercise the right to bring any suit,
action, mandamus or any other proceeding pursuant to Subsection A of this Section without
first giving written notice to the other party of the breach or alleged breach and allowing 15 days
to cure the breach or alleged breach; provided, however, that if the party accused of the breach
or alleged breach cannot cure the condition within 15 days after the notice, notwithstanding the
party's diligent and continuous effort, promptly commenced and diligently continued upon
receipt of the notice, then the period to cure the violation or failure shall be extended for the
time necessary to cure the violation with diligence and continuity, but in no event longer than
180 days unless extended in writing by the Village.
SECTION 6. TERM.
This Agreement shall be in full force and effect from and after the date of its
execution until the date that is the earlier to occur of (a) the date that is eight (8) years after the
Commencement Date or (b) the date on which the Village has made all payments required
pursuant to this Agreement.
SECTION 8. RELEASE OF INFORMATION.
Prior to any payments by the Village of any sums as provided for in this
Agreement, Toyota shall cause to be delivered to the Village, on a quarterly basis, the Illinois
Retailers' Occupation Tax, Use Tax and Service Occupation Tax returns and/or other
5
documentation submitted by Toyota to the Illinois Department of Revenue, which detail the
amount of Sales Tax that Toyota paid to Illinois Department of Revenue with respect to
Toyota's operations. If necessary, Toyota shall provide the Village with a limited power of
attorney, addressed to and in a form satisfactory to the Illinois Department of Revenue,
authorizing the Illinois Department of Revenue to release to the Village all gross revenue and
Sales Tax information submitted by Toyota to the Illinois Department of Revenue. Additionally,
in the event that the Illinois Department of Revenue does not make available to the Village said
documentation, Toyota shall provide alternative documentation that details the amount of Sales
Taxes that Toyota paid to the Illinois Department of Revenue.
SECTION 9. GENERAL PROVISIONS.
A. Complete Agreement; Supersedence. This Agreement constitutes the
complete agreement of the parties regarding the payment of Municipal Sales Tax to Toyota and
shall supersede and nullify all prior drafts and agreements concerning the payment of Municipal
Sales Tax to Toyota.
B. Amendments. No amendment to, or modification of, this Agreement
shall be effective unless and until it is in writing and is approved by the authorized
representative of Toyota and by the Village of Buffalo Grove corporate authorities by Ordinance
duly adopted, and executed and delivered by the authorized representatives of each party.
C. Notices. Any notice or other communication required or permitted to be
given under this Agreement shall be in writing, and shall be deemed delivered to and received
by the addressee thereof when delivered in person at the address set forth below, or three
business days after deposit thereof in any main or branch United States Post Office, certified or
registered mail, return receipt requested, postage prepaid, properly addressed to the parties,
respectively, as follows:
For notices and communications to the Village:
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, Illinois 60089
Attention: Director of Finance
with a copy to:
William G. Raysa, Esq.
Raysa & Zimmerman, LTD
22 South Washington
Park Ridge, Illinois 60068
For notices and communications to Toyota:
Mr. Gary Vicari
President
Arlington Toyota
935 West Dundee Road
Buffalo Grove, Illinois 60089
6
By notice complying with the foregoing requirements of this paragraph, each party shall have
the right to change the address or addressee or both for all future notices and communications
to such party, but no notice of change of address shall be effective until actually received.
D. Indemnity. Toyota shall and hereby agrees to defend, hold harmless
and indemnify the Village, its President, Trustees, employees, agents and attorneys from and
against any and all claims, demands, suits, damages, liabilities, losses, expenses, and
judgments which may arise out of this Agreement. The obligation of Toyota in this regard shall
include but shall not be limited to all costs and expenses, including reasonable attorneys' fees,
incurred by the Village in responding to, defending against, or settling any such claims,
demands, suits, damages, liabilities, losses, expenses or judgements. Toyota covenants that it
will reimburse the Village, or pay over to the Village, all sums of money the Village pays, or
becomes liable to pay, by reason of any of the foregoing, and will make payment to the Village
as soon as the Village becomes liable therefore. In any suit or proceeding brought hereunder,
the Village shall have the right to appoint counsel of its own choosing to represent it.
E. Governing Law. This Agreement and the rights of the parties hereunder
shall be governed by, and construed, interpreted, and enforced in accordance with, the internal
laws, and not the conflict of law rules of the State of Illinois.
F. Interpretation. This Agreement has been negotiated by all parties and
shall not be interpreted or construed against the party drafting the Agreement.
G. Change in Laws. Unless otherwise explicitly provided in this Agreement,
any reference to laws, ordinances, rules, or regulations of any kind shall include such laws,
ordinances, rules, or regulations of any kind as they may be amended or modified from time to
time hereafter.
H. Headings. The headings of the sections, paragraphs, and other parts of
this Agreement are for convenience and reference only and in no way define, extend, limit, or
describe the meaning, scope, or intent of this Agreement, or the meaning, scope, or intent of
any provision hereof.
I. Time of Essence. Time is of the essence in the performance of all terms
and provisions of this Agreement.
J. Severability. It is the express intent of the parties hereto that should any
provision, covenant, agreement, or portion of this Agreement or its application to any person,
entity, or property be held void, invalid, or unenforceable by a court of competent jurisdiction,
such action shall not effect the remainder of this Agreement, which shall continue in full force
and effect.
K. No Third Party Beneficiaries. Nothing in this Agreement shall create, or
be construed to create, any third party beneficiary rights in any person or entity not a signatory
to this Agreement.
L. Counterparts. This Agreement may be executed in any number of
multiple identical counterparts and all of said counterparts shall, individually and taken together
constitute the Agreement.
NI. Assignment. Toyota may not assign this Agreement or the amounts, in
whole or part, to be paid hereunder without the Village's prior written consent. The Village
7
acknowledges that this Agreement is an obligation which runs to Toyota and is not a covenant
running with the land.
O. Audit. Upon prior written notice to Toyota, and at a place and time that is
mutually beneficial to both parties, the Village shall have the right conduct an Audit of Toyota to
inspect and review those books and records which are directly related to establishing Gross
Receipts for any Sales Tax Year, Base Year, or any portion thereof.
P. No Village Obligation. The parties acknowledge and agree that none of
the terms, conditions or provisions of this Agreement shall be construed, deemed, or
interpreted as (i) a restriction or prohibition on the Village from eliminating or amending it Home
Rule Sales Tax, or (ii) a requirement to impose a sales or other tax for the purpose of providing
a source of funds for the Municipal Sales Tax Payment.
Q. Loss of Authority. In the event that the Village's authority to enter into
this Agreement or to pay the Municipal Sales Tax Payment to Toyota pursuant to this
Agreement are repealed, become unexercisable, null and void or otherwise become invalid then
the Village's obligations hereunder shall cease and no further obligations shall be required of
the Village.
R. Certifications. Each party hereto certifies hereby that it is not barred
from entering into this Agreement as a result of violations of either Sections 33E-3 or 33E-4 of
the Illinois Criminal Code (720 ILCS 5/33 —E-3, 5/33-E-4), that it has a written policy against
sexual harassment in place in full compliance with 775 ILCS 5/2-105(A)(4), and it is in
compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/2).
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives as of the date first above written.
VILLAGE OF BUFFALO GROVE
By:
Village President
ATTEST:
Village Clerk
THE ARLINGTON AUTOMOTIVE GROUP,
INC.
By:
Its:
ATTEST:
8
Its:
ACKNOWLEDGEMENT
STATE OF ILLINOIS
SS
COUNTY OF COOK
This instrument was acknowledged before me on , 2005 by
Elliott Hartstein, the Village President of the VILLAGE OF BUFFALO GROVE, an Illinois home
rule municipal corporation, and by Janet Sirabian, the Village Clerk of said municipal
corporation.
Signature of Notary
SEAL:
My Commission expires:
9
ACKNOWLEDGEMENT
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
This instrument was acknowledged before me on , 2002 by
, the President of THE ARLINGTON AUTOMOTIVE GROUP, INC., an Illinois
corporation, and by , the of said company.
Signature of Notary
SEAL:
My Commission expires:
10