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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 `<CE`�� 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: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED<,BOVE, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION.DISTRIE UTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE MMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THIS ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 553-9500 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; -1- 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. -2- 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; -3- 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. -4- 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 -5- 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. -6- 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 05/22/03 THU 08:31 FAX 815 334 8727 IttclienrY Co Clerk ra,....., 1 t. .ff' c. �e 000g9Fd g ? ?5> tP_7 ;I I I 55055d000yd555555o000>}r�Y-�Y�LCZ, LCZ..CZ,C5XSZ.Syy n�nOz tI I I Vr I « 1 1 b:.,le, . m P N . N N I ' I I I I 1 . 1-----_ . I 1 i..aa.,po. 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' ' ; `>� Mt4Kx ,,, ' d ir.,--'h9 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