Resolution 2019-35 Resolution No. 2019-35
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
TO INDUCE THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN THE
YORKVILLE DOWNTOWN TAX INCREMENT REDEVELOPMENT PROJECT AREA#2
(111 East Van Emmon)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois
Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal
Code") (65 ILCS 5/65-1-1-2, et seq.); and,
WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities"), as
authorized by the Municipal Code, undertook an eligibility study and report with respect to a
redevelopment project and plan for a certain area and based on said report approved a
redevelopment project and plan pursuant to Ordinance No. 2018-23 for said specific area
designated by Ordinance No. 2018-24 as the Downtown Redevelopment Project Area #2 (the
"Project Area) and adopted tax increment financing for the payment and financing of
redevelopment project costs incurred within the Project Area by Ordinance No. 2018-25, adopted
by the Corporate Authorities on April 10, 2018, pursuant to the Tax Increment Allocation
Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., (the"TIF Act"); and,
WHEREAS, Shawn La Brasseur and Alexander Reich (collectively, the "Developer")
have submitted a proposal to the City to acquire certain property located within the Redevelopment
Project Area and commonly known as 111 East Van Emmon, identified by parcel index number
02-32-154-023 (the "Subject Property"), and has informed the City that it intends to substantially
redevelop the Subject Property as a mixed use with residential apartments on the second floor and
commercial uses on the first floor(the "Project"); and,
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WHEREAS,the Developer has also informed the City that the ability to proceed with the
Project on the Subject Property requires financial assistance from the City for certain costs that
would be incurred in connection with the Project, which costs would constitute "Redevelopment
Project Costs"as such term is defined in the TIF Act; and,
WHEREAS,the Developer would like to incur certain costs in connection with the Project
prior to the adoption of any ordinance authorizing the execution of a redevelopment agreement
between the City and the Developer pertaining to the Subject Property, wherein which
reimbursement for such costs may be considered between the parties subject to certain conditions;
and,
WHEREAS, the Developer desires such costs related to the Project be able to qualify for
consideration as Redevelopment Project Costs that can be reimbursed utilizing tax increment
financing, provided that such costs constitute Redevelopment Project Costs under the TIF Act;
and,
WHEREAS, this Resolution is intended to allow the Developer to incur certain costs
relating to the Project that may be considered Redevelopment Project Costs under the TIF Act,
prior to the adoption of any ordinance authorizing the execution of a redevelopment agreement
between the City and the Developer, subject to the conditions set forth in Section 3 of this
Resolution.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the above recitals are incorporated herein and made a part hereof.
Section 2. That the City Council may consider expenditures that are "Redevelopment
Project Costs", as such term is defined in the TIF Act, in connection with the Project, incurred
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prior to the adoption of an Ordinance authorizing the execution of a redevelopment agreement with
the Developer, or a successor or assignee of the Developer,to be expenditures that are eligible for
reimbursement through the TIF Act to the extent the Project is in furtherance of the Redevelopment
Plan for the overall Redevelopment Project Area.
Section 3. That all undertakings of the City set forth in this Resolution are specifically
contingent upon the City approving and executing a redevelopment agreement with the Developer,
or a successor or assignee of the Developer, which provides for the redevelopment of the Subject
Property in accordance with the terms and conditions to be negotiated by the parties.
Section 4. That any financial assistance rendered to the Developer by the City shall be
contingent upon the authority, restrictions, terms and conditions imposed by the TIF Act.
Section 5. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
12th day of November, 2019.
Yoa•
City Clerk
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Approved by me, as Mayor of the United City of Yorkville, Kendall Coun , Illinois, this
/' day of I'OVE,1'l/3E,e , 2019.
MAYOR
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Attest:� • •
Xa- MOt
City Clerk
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