Resolution 2022-41 Resolution No. 2022-41
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,TO INDUCE THE REDEVELOPMENT OF CERTAIN PROPERTIES WITHIN
THE YORKVILLE DOWNTOWN REDEVELOPMENT PROJECT AREA
(KEH Development, LLC& KEH Development Three, LLC)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City') is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to its powers and in accordance with the requirements of the Tax
Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as
from time to time amended (the "TIP- Act'), the Mayor and City Council (collectively, the
"Corporate Authorities'), pursuant to Ordinance Nos. 2006-46, 2006-47, and 2006-48,
respectively, adopted on June 13, 2006, approved a redevelopment plan and project (the
"Redevelopment Plan') setting forth a plan for the development,redevelopment and revitalization
of the redevelopment project area; designated a redevelopment project area known as the
Downtown Redevelopment Project Area (the "Redevelopment Project Area'); and adopted tax
increment allocation financing for the Redevelopment Project Area; and,
WHEREAS, KEH Development , LLC, an Illinois limited liability company (the
"Developer') has submitted a proposal to the City to acquire certain properties located within the
Redevelopment Project Area and commonly known as 102 East Van Emmon Street, identified by
parcel number 02-33-157-014, and KEH Development Three, LLC, an Illinois limited liability
company (the "Developer') has submitted a proposal to the City to acquire certain properties
located within the Redevelopment Project Area and commonly known the Grainery/Silos,
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identified as parcel number 02-33-155-003 (the "Subject Properties"), and has informed the City
that it intends to assemble the Subject Properties with additional properties in the City's
downtown district and substantially redevelop and repurpose the existing structures and construct
additional structures thereon (collectively, the "Project'); and,
WHEREAS,the Developer has also informed the City that the ability to proceed with the
Project on the Subject Properties 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 Properties, 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.
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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 proposal of the
Developer, or the Developer's assignees, to undertake the Project, incurred 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 Properties 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 upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
27th day of September, A.D. 2022.
CI Y CLERK
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KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ay of O !9Pir , A.D. 2022.
MAYOR
Attest:
CIT CLERK
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