Economic Development Packet 12-15-05 ( o United City of Yorkville
fp,:„. 800 Game Farm Road
EST.IN . : 1836
Yorkville, Illinois 60560
a Iii Telephone: 630-553-4350
Fax: 630-553-7575
frit CE Lv).
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, December 15, 2005
7:00 p.m.
City Hall Conference Room
REVISED: 12/15/05
1. Approval/Correction of Minutes: November 17, 2005
2. EDC 2005-01 SSA Tax Policy
3. EDC 2005-08 Building Permit Report for October 2005
4. EDC 2005-07 Feasibility of Relocating Overhead Power Lines to Underground
5. EDC 2005-03 Kendall County Transportation Development Fees Draft Agreement
6. EDC 2005-09 Façade Improvement Agreement
7. PC 2005-52 Kleinwatcher— Annexation and Zoning
8. Additional Business
Page 1 of 3
ECONOMIC DEVELOPMENT COMMITTEE
Thursday,November 17,2005
7:00 pm
City Hall Conference Room
Present:
Mayor Art Prochaska Tony Scott, Kendall County Record
Alderman Joe Besco Stephanie DeHainaut
AIderman Marty Munns Jim DeHainaut
Alderwoman Valerie Burd Michael Kranse, MPI Communities
Finance Director Tracy Pleckham Art Zwempke, Robert Arthur Land Co.
City Attorney John Wyeth Sharon Leifheit Coldwell Banker
Kelly Kramer Jennie Leifheit, CB Primus Realty
Mary Ann Schafer, Coldwell BankerScott Harmon
Unde Harmon Barb Celler, Coldwell Banker
Jeann Martinez John Phillipchuck, Moser Enterprises
Sharon Wiley, Coldwell Banker Carla Hill, Coldwell Banker
Kevin McCanne, Speer Financial Peter Raphael, William Blair
Janice VanRiper, VanRiper Insurance Agency
Lynn Dubajic, YEDC John Purcell, Kendall County
Paula Wilkinson, Kettley Realtors Brenda Wicker
Scott Harmon Steve Wicker
The meeting was called to order at 7:00 pm by Chairman Munns.
1. Approval/Correction of Minutes: September 15, 2005
4. PC 2005-51 Van Riper Insurance Agency—Rezoning 708-710 N. Bridge Street -
This is a duplex on Rt. 47. The petitioner would like to be rezoned as B! For an
Insurance Agency. The Plan Commission meeting had 1 person who spoke opposed
to the change. The concern was for parking and access. There was also question
about whether this was illegal spot zoning. There are other B3 uses in the vicinity.
The property is surrounded by R4. The plan Commission voted 2 in favor and 3
against. There is not usually much traffic in and out of an Insurance Agency. The
building would be kept the same. This will move on to COW.
5. PC 2005-49 Oak Grove Subdivision— 1 1/2 Mile Review—There was a question
about the cul-de-sac becoming a road connection. The smallest lot is 27,000 square
feet with 30,000—36,000 being the average size lots and the largest lot is more than
40,000 square feet. This will move on to COW.
2. EDC 2005-01 SSA Tax Policy—Scott Harman spoke about the confusion the tax
creates. It is actually set up as a loan would be with interest and a lien on the property.
There is very little disclosure required. Prospective buyers may not be aware of the
SSA tax, and therefore the price of the home is not competitive, and not clear. He
would like to see a listing price disclosure on the SSA lien amount. He was not given
an amount,he was given a payment schedule. He would also like to see a disclosure
about what the SSA funds.
Page 2 of 3
John Purcell said an SSA is not more affordable, it is similar to a non-SSA in cost.
John Purcell asked what happens if the homeowner can't pay the tax. Are the
homeowners forced into foreclosure? An SSA distorts the market because the price of
the home appears to be less. If the home was priced higher,the schools and the city
would get taxes based on the higher price, and that would be more money for the
county, the city and the schools.
John Butler talked about the 6.875% SSA rate in Raintree village imposed in
September of 2003. The average mortgage rate at this time was 4.9%. John Butler
wanted to know why the city would allow float funding nearly double what the
homeowners would be able to get. The Bonds are tax free to the Bond holders. There
is a management fee of$12,000 per year to manage the bonds. If there was no SSA,
that service would not be needed. To be able to compare the true value of an SSA
home vs. a non-SSA home is very difficult. The salespeople don't bring up the SSA.
Alderman Besco pointed out that last year the Aldermen were looking for more
information about SSAs. Alderman Besco asked if the foreclosure rate is higher on
homes with an SSA.
Carla Hill is an agent at Coldwell Banker/Primus Realty in Plano. She said the lender
she spoke to sees the SSA as a tax and the borrower must qualify for both the house
and the tax. An appraiser she spoke with said an SSA makes it very hard to find the
value of the home. She also asked why a homeowner would pay off the tax if they
were not going to live there for the next 30 years. Marianne Schaffer from Coldwell
Banker?Primus Realty in Yorkville said some lenders do not consider the cost of the
SSA tax into the prospective home buyer's debt ratio.
Mayor Prochaska said the cities are asking the developers to fund more things up
front. An SSA bond would be financing that would allow the developer to fund these
things.
A man spoke about the SSA's in Montgomery. He said 13 homes went to a tax sale at
the county out of 735. This is 2%. He had heard nothing about foreclosures but
rumors.
Art Zwempke worked on the SSA for Grande Reserve. It was a privately held
development. With the SSA financing and allocating resources wisely,the developer
was able to fund building the school without the referendum. An SSA allows a 30
year payback. A Bank would want the money back in 2—3 years. The tax on
undeveloped land is paid by the developer.
It would be nice to have a requirement that the consumer be informed. Also there
could be requirements for SSA's. The improvements the SSA funds could be limited.
This will come back to EDC in December.
3. EDC 2005-02 Draft Economic Incentives Policy to Attract
Commercial/Industrial Business to Yorkville—Lynn Dubajic's only question was
on Page 2 and Page 4 under incentive parameters. What was the meaning of Public
improvements completed on a grant basis? It will now read Public improvements
completed on a specified basis. This will go on to COW.
Page 3 of 3
6. EDC 2005-03 Kendall County Transportation Development Fees Draft
Agreement—John Purcell said the money Yorkville collects for transportation would
be spent on roads within the city limits or roads that Yorkville residents will use. This
will be revised for Yorkville. Fran at the county will need some information before it
can be revised. This will come back to EDC for discussion.
7. EDC 2005-04 Feasibility of Relocating Overhead Power Lines to Underground—
This was requested to be postponed until December EDC.
8. Additional Business—Alderwoman Burd requested that a discussion about the facade
agreement be put on next month's agenda. She would like to know what kind of
recourse there would be if an owner would do something not in the facade agreement
after the grant is given.
Alderman Munns said a subdivision is requesting a name change from Cornerstone to
Briarwood. This will move on to COW.
The meeting was adjourned at 9:10 pm.
Minutes submitted by Laura Leppert.
4
STATE OF ILLINOIS ) Ebe„ Jcc,5 -c i
)ss
COUNTY OF KENDALL )
- - RESOLUTION NO. 2002- U`1
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, andconstruction 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
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
p
APPROVED
�y1byme, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this da of �! ( A.D. 20 •
d-/� /.,.
YOR ile
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this c /./Say of Mr4\--( i , A.D. 20`:q"
_ \
e CIT LERK
•
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
Draft updated 3/20/02
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
Draft updated 3/20/02
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
Page 1 of 1
n
Liz D'Anna ' 6:
•
01-
From: Wendy Yaksich [wyaksich@moserenterprises.com]
Gni
Sent: Wednesday, December 14, 2005 5:50 PM
To: bolson@yorkville.il.us; Liz D'Anna
Cc: jfp@dbcw.com; John Philipchuck; Mike Krause
Subject: Letter on SSAs for EDC Meeting
Liz/Bart-
We have prepared a letter for distribution to the EDC for consideration at Thursday's meeting. We would appreciate any help you
can provide in distributing this letter to Committee members in advance of the meeting. Otherwise, we will plan on handing out
the letters to members at the meeting tomorrow night.
Thanks-
Wendy
Wendy Yaksich
Land Acquisition and Planning
Moser Enterprises
300 E. 5th Avenue, Suite 430
Naperville, IL 60563
630/420-3078
12/15/2005
M♦P•I
COMMUNITY
December 14,2005
Economic Development Committee
United City of Yorkville
800 Game Farm Road
Yorkville, a, 60560
Dear Economic Development Committee Members:
This letter is in response to the Yorkville Economic Development Committee's
November 17th meeting regarding the future of Special Service Area bond financing in
new residential developments. At this meeting, various members of the City Council,
residents of Yorkville and real estate industry representatives discussed the pros and cons
of allowing future developments to apply for SSA financing.
While MPI Communities acknowledges the concerns voiced at this meeting, it is our
position that consideration of a blanket denial of future SSA communities, as suggested
by some participants,is unwarranted. Many of the issues voiced at the meeting are related
to the "newness" and relative complexity of SSAs. However, with increased awareness
and continued education, SSA developments can and will provide future public benefit as
evidenced by Grande Reserve. Additionally, MPI strongly believes that effective
communication and careful management of the SSA is critical to successful
implementation.
Listed below is a summary of the key issues raised by committee members and meeting
attendees and MPI's response regarding how these issues can be addressed.
Concern: Two residents expressed concern that builders avoid discussion of the
SSA until the buyer is close to signing a contract. One resident indicated that
they were aware of a buyer in a Yorkville subdivision that was not made aware
of the SSA tax until after signing the contract.
MPI Response: MPI and our builder partners recognize the importance of
educating consumers and disclosing information prior to contract negotiations. All
of Grande Reserve's builders have a contractual obligation to have home buyers
sign an SSA acknowledgement form when contracts are signed. MPI has recently
held meetings with Grande Reserve builder sales staff to reiterate the importance
of proper disclosure in a timely manner. Grande Reserve builders are provided
with an ample supply of SSA brochures and other information including how to
contact the developer or SSA Administrator with questions.
300 E. 5th Avenue, Suite 430, Naperville, IL 60563 630/420-3000
12/14/05
Page 2 of 3
Concern: Realtors and consumers need better education and information
regarding SSAs to ensure clarity.
MPI Response: In addition to the preparation of the SSA brochure and general
information for the public and our builder sales teams, we have been working to
educate the realtor/broker community. MPI has sponsored focused sessions with
Peter Raphael, and our builders have also held meetings with members of the
realtor community. We acknowledge continued efforts are required. MPI will be
collaborating with John Greene Realtor in early 2006 on an SSA training seminar
for their realtors. Expert panelists will present information and field questions
regarding SSA disclosures,payments, etc. Our hope is that the realtor community
will act as the catalyst for a greater understanding of SSAs in Yorkville and
beyond. SSA trained realtors will be able to better inform their clients and will
raise the overall comfort level and awareness of consumers.
Concern: One resident was concerned that the SSA payment on his home
increased more than the maximum 1.5% from one year to the next.
MPI Response: This is a common misconception. Increases in annual SSA
payments are capped by the Maximum Special Tax defined by city ordinance.For
instance, the Maximum Special Tax will increase by exactly 1.5% per year, but
recall that the 1.5% annual increase refers only to the maximum payment. As
more and more residents move into an SSA community and other factors such as
the capital reserve, a homeowner's annual payment may be less than the
maximum.
For example, a homeowner may pay less than the maximum payment in 2006. In
2007,due to factors mentioned above,the homeowner may be required to pay the
maximum tax. The result is an annual payment that increased more than 1.5%
from 2006 to 2007. It is important to remember that the guaranteed 1.5% annual
increase is based on the maximum payment from one year to the next. The
homeowner can be assured that their maximum payment will not increase more
than 1.5%for the length of the obligation.
Concern: There are no real benefits to SSAs.
MPI Response: We strongly believe that the SSA at Grande Reserve has made
positive and lasting impacts that will be enjoyed by Yorkville residents for years
to come. MPI agrees with one member of the committee who stated, "Grande
Reserve is a model" for SSA developments. MPI Communities applauds the
positive impact that SSA financing has had on Grande Reserve and its benefit to
Yorkville.
The availability of the SSA to cover significant upfront development costs in
Grande Reserve freed up other funds that were utilized for improvements such as
roadways, the clubhouse and aquatic center and the development of parks sites.
12/14/05
Page 3 of 3
Grande Reserve's Aquatic Center and central park facilities were constructed well
in advance of any residents moving in to the community. The SSA also freed up
capital to allow the construction of the onsite elementary school without a tax
referendum for capital needs. (MPI recognizes that a referendum will still be
required for operating expenses associated with this new school)
Concern: The marketplace has yet to accept and embrace SSAs communities.
MPI Response: Based on data collected from MetroStudy's 3rd Quarter 2005
Report, a leading industry traffic and sales information source, Grande Reserve
was the leading traffic producer in the region which includes Yorkville, Oswego,
Plainfield, and Joliet. Additionally, Grande Reserve was the runner-up in total
sales contracts for the 3rd Quarter in the same region. We are confident that the
amenities and improvements created at Grande Reserve through the SSA have
been embraced by the regional marketplace.
MPI requests that the Economic Development Committee and City Council of the United
City of Yorkville continue consideration of SSAs on a case-by-case basis. The diligent
use of SSAs in future Yorkville developments can assist the City in securing borders,
extending utilities to properties in need of public services and expanding schools to meet
demand — all while freeing up capital to construct schools and parks, clubhouses and
other amenities. MPI shares your concern of consumer and realtor education and
disclosure, and are committed to addressing them proactively. It is our goal to foster the
growth and success of Grande Reserve, and we would ask that you remain open to future
SSA developments.
Very Truly Yours,
MPI Communities
WY161641
John P. Zediker
President
BUILDING PERMIT REPORT
United City of Yorkville
Department of Building Safety
October 2005
........................................................
Types of Permits
P
l
2-Fami
Y
- Number of
Permits Issued SFD eeb;„;b
2005
Multiple-Family Commercial Industrial
Miscellaneous Total Construction Cost
1
Perunt,=t Structure
October 2005 105 36 0 0 0 0 69 $14,853,926.00
Calendar Year 2005 1073 383 5 0 36 0 644 $98,025,411.00
Fiscal Year 2005 756 257 0 0 20 0 479 $64,350,955.00
October 2004 77 29 0 0 2 0 46 $6,708,500.00
Calendar Year 2004 2 904 407 3 0 14 1 478 $83,130,252.00
Fiscal Year 2004 632 275 0 0 11 1 345 $58,104,657.00
October 2003 82 36 0 0 2 0 44 $5,787,914.00
Calendar Year 2003 3 785 300 12 6 29 1 437 $81,145,414.00
Fiscal Year 2003 570 204 9 6 21 0 330 $57,367,013.00
October 2002 56 24 1 0 2 0 29 $5,650,007.00
Calendar Year 2002 4
710 1 245 5 4 36 1 419 $55,670,838.00
Fiscal Year 2002 469 150 3 2 20 1 293 $28,792,609.00
October 2001 53 23 1 0 3 0 24 $6,904,279.00
Calendar Year 2001 s 388 159 8 4 15 2 239 $43,647,282.00
Fiscal Year 2001 316 115 7 3 12 2 175 $33,849,862.00
z Permit Number 1-05-0012 was voided,thus only 1073 of 1074 assigned permit numbers were actually used
2 Permit Number 1-04-097 and 1-04-098 were issued for each side of a duplex,only 1 structure was built
3 Permit Number 1-2003-324 was voided,thus only 785 of 786 assigned permit numbers were actually issued. V
Permit Numbers Y-2002-034,Y-2002-467,and 1-2002-579 were voided,thus only 710 of 713 assigned permit numbers were actually issued;and the SFD permit issued in August as 1-2002-579 was voided and reissued as 1-2002-691 in October. 1 v
To maintain a correct count,it shall remain on the August 2002 count.
5 Permit Number 01385 was for 6 Attached SFDs,reissued as Permits 01385A,B,C,D,E,and F;and Permit Number 01259 was for 4 Attached SFDs;reissued as Permits 01259A,B,C,and D. t p
Vv
Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects.
♦,��D CJr Reviewed By:
OT Legal ElCity Council
1.
EST.litv
a 1836 Finance ❑
Engineer ❑
L W . City Administrator ❑ Agenda Item Tracking Number
O Consultant ❑ �- � ' C 7
SCE 0"
City Council Agenda Item Summary Memo
Title: Feasibility of relocating overhead power lines to underground
City Council/ COW/ Committee Agenda Date: EDC—Dec. 15th, 2005
Synopsis: Discussion of policy to require relocating overhead utility lines to underground
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: N/ A
Council Action Requested: N / A—Postponed to January EDC
Submitted by: Bart Olson Admin
Name Department
Agenda Item Notes:
Items for discussion regarding this project will be presented at the January EDC meeting. Staff
has met with ComEd officials on the policy; ComEd will be providing a simple cost estimate for
power lines located on Rt. 47 for the January EDC meeting. From there, a policy decision on
whether or not to expand the scope of services or the project area should be discussed.
�*1 Ciro United City of Yorkville Memo
J '�' 800 Game Farm Road
EST.
a,% ""toy 1836 Yorkville, Illinois 60560
-.6 �� �� Telephone: 630-553-4350
•stFax: 630-553-7575
Date: December 13, 2005
To: Mayor and Economic Development Committee
From: Lisa Pickering, Office Assistant
The following agenda item was not available at the time packets were produced -
EDC #5 — Kendall County Transportation Development Fees Draft Agreement.
This item will be distributed in a supplemental packet as soon as it is ready.
If you have any questions, please contact City Attorney John Wyeth.
qz"<03 Cir o United City of Yorkville Memo
'" 800 Game Farm Road
EST. " ' - '.1836 Yorkville, Illinois 60560
_�
- _ Telephone:
hone: 630-553-4350
9 - \ CO Fax: 630-553-7575
$94CE `NV
Date: December 13, 2005
To: Mayor and Economic Development Committee
From: Lisa Pickering, Office Assistant
The following agenda item was not available at the time packets were produced -
EDC #6 –Façade Improvement Agreement.
This item will be distributed in a supplemental packet as soon as it is ready.
If you have any questions, please contact City Attorney John Wyeth.
Eye "
=`�Eit� c',r® United City of Yorkville Memo rik, ��, -61
_ '" 800 Game Farm Road
EST. °` 1836 Yorkville, Illinois 60560
,� -� Telephone: 630-553-4350
o� I,o f p. Fax: 630-553-7575
4CE 0.-°`
Date: December 15, 2005
To: Mayor and Economic Development Committee
From: Lisa Pickering, Office Assistant
CC: Department Heads
Subject: Additional information for Economic Development packet—December 15, 2005
Attached please find information on EDC Item#6—Façade Improvement Program. Please add
this information to your EDC packet.
ik`4.0 co).
United City of Yorkville Memo
, r- � 800 Game Farm Road
EST.kw 1836 Yorkville, Illinois 60560
Telephone:
hone: 630-553-4350
® o Fax: 630-553-7575
r..d.2 county
4Lo4LE ,‘>
Date: December 15, 2005
To: Economic Development Committee Members
From: John Justin Wyeth, City Attorney
CC: John Crois, City Administrator
Subject: Façade Improvement Agreement
Please find with this memo the following:
1. First Draft of an Agreement to be used with the Façade Improvement Program
2. Additional including language that would be included at Section 6 to provide for
reimbursement if the Façade was either not maintained, or changed within a 5 year period.
The Draft was submitted to me by Alderman Burd, and I have not made any changes pending
your review and comment.
It is my suggestion that the agreement concept be discussed at the December 15, 2005 EDC
meeting. Thereafter, I can add comments and ideas, and the final Draft can be returned to the
January EDC meeting for approval and forward to COW.
United City of Yorkville
Facade Improvement Agreement
THIS AGREEMENT, entered into this day of , 19
between the United City of Yorkville, Illinois (hereinafter referred to as "City") and the
following designated OWNER/LESSEE, to wit:
Owner/lessee's name:
Name of business:
Tax ID #1 Social security #:
Address of property to be improved:
PIN Number:
WITNESSETH:
WHEREAS, the City has established a Facade Improvement Program for
application within the City of Yorkville's corporate limits; and
WHEREAS, said Facade Improvement Program is administered by the City with
the advice of the Review Committee and is funded from the general fund for the purposes
of controlling and preventing blight and deterioration within the City limits; and
WHEREAS, pursuant to the Facade Improvement Program the City has agreed to
participate, subject to its sole discretion, in reimbursing Owners/Lessees for the cost of
eligible exterior improvements to commercial establishments within the City Limits for
up to a maximum of 50% of the approved contract cost of such improvements; and
WHEREAS, the Owner/Lessee's property is located within the Corporate limits
of the United City of Yorkville, and the Owner/Lessee desires to participate in the Facade
Improvement Program pursuant to the terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
obtained herein, the City and the Owner/Lessee do hereby agree as follows:
SECTION 1:
With respect to façade improvements to the front and side of a building and
related eligible improvements, the City shall reimburse Owner/Lessee for the cost of
improvements to the Owner/Lessee's property at the rate of up to fifty per cent (50%) of
such cost, providing that the Owner/Lessee has spent at least $1,000 on the improvement
project.
With respect to improvements to rear entrance(s) of a building and related eligible
improvements, the City shall reimburse Owner/Lessee for the cost of improvements to
the Owner/Lessee's property at the rate of up to 50% of such cost, providing that the
Owner/Lessee has spent at least$1,000 on the improvement project.
The actual total reimbursement amounts per this Agreement shall not exceed
$ for façade improvements to the front and side of a building and
related eligible improvements and $ for improvements to rear
entrance(s) of a building and related eligible improvements. The improvement costs
which are eligible for City reimbursement include all labor, materials, equipment and
other contract items necessary for the proper execution and completion of the work as
shown on project plans, design drawings, specifications and estimates approved by the
City. Such plans, design drawings, specifications and estimates are attached hereto as
Exhibit I.
SECTION 2: No improvement work shall be undertaken until its design has been
submitted to and approved by the Review Committee. Following approval, the
Owner/Lessee shall contract for the work and shall commence and complete all
such work within six months from the date of such approval.
SECTION 3: The City Building and Zoning inspector shall periodically review
the progress of the contractor's work on the façade improvement pursuant to this
Agreement. Such inspections shall not replace any required permit inspection by
the Building and Zoning officer. All work which is not in conformance with the
approved plans, design drawings and specifications shall be immediately
remedied by the Owner/Lessee and deficient or improper work shall be replaced
and made to comply with the approved plans, design drawings and specifications
and the terms of this Agreement.
SECTION 4: Upon completion of the improvements and upon their fmal
inspection and approval by the City Building and Zoning Inspector, the
Owner/Lessee shall submit to the Review Committee a properly executed and
notarized contractor statement showing the full cost of the work as well as each
separate component amount due to the contractor and each and every
subcontractor involved in furnishing labor, materials or equipment in the work. In
addition, the Owner/Lessee shall submit to the Review Committee proof of
payment of the contract cost pursuant to the contractor's statement and fmal lien
waivers from all contractors and subcontractors. The Owner/Lessee shall also
submit to the Review Committee a copy of the architect's statement of fees for
professional services for preparation of plans and specifications. The Review
Committee shall, within fifteen days (15) of receipt of the contractor's statement,
proof of payment and lien waivers, and the architect's statement, issue a check to
the Owner/Lessee as reimbursement for up to one-half of the approved
construction cost estimate, subject to limitations set forth in Section 1 hereof.
In the alternative, at its sole discretion, the City may reimburse Owner/Lessee in
two payments. The first reimbursement may be made only 1) upon completion of
work representing 40% or more of the maximum reimbursement specified in
Section 1 hereof and 2) upon receipt by the Review Committee of the architect's
invoices, contractor's statements, invoices, proof of payment and notarized final
lien waivers for the completed work and 3) upon a determination by the City's
Building and Zoning Inspector that the remainder of the work is expected to be
delayed for 30 days or more following completion of the initial work due to
weather, availability of materials, or other circumstances beyond the control of
the Owner/Lessee. The second, final reimbursement payment shall be made by
the City only upon submittal of all necessary documents as described herein.
SECTION 5: If the Owner/Lessee or his contractor fails to complete the
improvement work provided for herein in conformity with the approved plans,
design drawings and specifications and the terms of this Agreement, then upon
written notice being given by the Review Committee to the Owner/Lessee, by
certified mail to the address listed above, this Agreement shall terminate and the
financial obligation on the part of the City shall cease and become null and void.
SECTION 6: Upon completion of the improvement work pursuant to this
Agreement and for a period of five (5)years thereafter, the Owner/Lessee shall be
responsible for properly maintaining such improvements in finished form and
without change or alteration thereto, as provided in this Agreement, and for the
said period of five (5) years following completion of the construction thereof, the
Owner/Lessee shall not enter into any agreement or contract or take any other
steps to alter, change or remove such improvements, or the approved design
thereof, nor shall Owner/Lessee undertake any other changes, by contract or
otherwise, to the improvements provided for in this Agreement, unless such
changes are first submitted to the Review Committee for approval. Such approval
shall not be unreasonably withheld if the proposed changes do not substantially
alter the original design concept of the improvements specified in the plans,
design drawings and specifications approved pursuant to this Agreement.
Owner/Lessee shall execute and record a restrictive covenant, in a form
substantially the same as"Exhibit II"hereto, at City's request.
SECTION 7: The Owner/Lessee releases the City from, and covenants and
agrees that the City shall not be liable for, and covenant and agrees to indemnify
and hold harmless the City and its officials, officers, employees and agents from
and against, any and all loses, claims, damages, liabilities or expenses, of every
conceivable kind, character and nature whatsoever arising out of, resulting from
or in any way connected directly or indirectly with the façade improvement(s),
including but not limited to actions arising from the Prevailing Wage Act (820
ILCS 30/0.01 et seq.). The Owner/Lessee further covenants and agrees to pay for
or reimburse the City and its officials, officers, employees and agents for any and
all costs, reasonable attorneys' fees, liabilities or expenses incurred in connection
with investigating, defending against or otherwise in connection with any such
losses, claims, damages, liabilities, or causes of action. The City shall have the
right to select legal counsel and to approve any settlement in connection with such
losses, claims, damages, liabilities, or causes of action. The provisions of this
section shall survive the completion of said façade improvement(s).
SECTION 8: Nothing herein is intended to limit, restrict or prohibit the
Owner/Lessee from undertaking any other work in or about the subject premises
which is unrelated to the façade improvement provided for in this Agreement.
SECTION 9: This Agreement shall be binding upon the City and upon the
Owner/Lessee and its successors, to said property for a period of five (5) years
from and after the date of completion and approval of the façade improvement
provided for herein. It shall be the responsibility of the Owner/Lessee to inform
subsequent Owner(s)/Lessee(s) of the provisions of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWNER/LES SEE UNITED CITY OF YORKVILLE
Mayor
N
U
0
EL:.
cnH
H
d
Facade Improvement Agreement, First Draft:
Section 6:
Add:
The parties agree that should Owner/Lessee fail to maintain or change the improvement
work for the 5 year period as required buy this Section 6,then Owner/Lessee shall
reimburse the City a portion of the total amounts paid under this agreement as follows:
Year in which the failure to maintain or change occurs % of amount to be reimbursed
First Year after Completion (Months 1-12) 100%
Second Year after Completion(Months 13 -24) 80%
Third Year after Completion (Months 25 -36) 60%
Fourth Year after Completion (Months 37-48) 40%
Fifth Year after Completion (Months 49-60) 20%
Said promise shall be included in the covenant, and shall be an obligation against the
land.