committee of the whole monday, october 18, 2021

COMMITTEE OF THE WHOLE

Monday, October 18, 2021 immediately following the

City Council Meeting at 7pm

City Hall Council Chamber

109 James Street

Geneva, IL 60134

All attendees are required to wear a face covering at all City facilities regardless of vaccination

status. Meetings are livestreamed for those unable to attend in person the ability to

contemporaneously hear all discussion, testimony and roll call votes of the open meeting in real

time. Public comment may be provided at the appropriate time during the meeting by either

attending the meeting in person or by registering at the meeting link below. For more information

please see the “Notice Regarding Meeting and Public Comment Rule Modification”.

MEETING LINK:

https://attendee.gotowebinar.com/register/6654708783569178638

AGENDA

1. CALL TO ORDER

2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM SEPTEMBER 7, 2021 AND

OCTOBER 4, 2021.

3. ITEMS OF BUSINESS

a. Consider Draft Resolution Authorizing a Declaration of Surplus Property for Misc. Police

Department Equipment.

b. Consider Draft Resolution Authorizing Execution of a Tax Increment Financing Redevelopment

Agreement with Riganato Old World Grille at 700-720 East State Street.

4. NEW BUSINESS/PUBLIC COMMENT

5. ADJOURNMENT

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https://www.geneva.il.us/DocumentCenter/View/8694/Notice-Regarding-Meeting-And-Public-Comment

https://attendee.gotowebinar.com/register/6654708783569178638

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SEPTEMBER 7, 2021 COMMITTEE OF THE WHOLE

COMMITTEE OF THE WHOLE MINUTES

September 7, 2021 immediately following the City Council meeting at 7:00 PM.

All Employees, Elected Officials, and visitors are required to wear a face covering at all City

facilities regardless of vaccination status. Meetings are livestreamed for those unable to attend

in person the ability to contemporaneously hear all discussion, testimony and roll call votes of

the open meeting in real time. Public comment may be provided at the appropriate time during

the meeting by either attending the meeting in person or by registering at the meeting link

below. For more information, please see the


ELECTED

OFFICIALS

PRESENT

ELECTED

OFFICIALS

ATTENDING BY

TELECONFERENCE

ELECTED

OFFICIALS

ABSENT

STAFF

PRESENT

STAFF

ATTENDING BY

TELECONFERENCE

Bruno

Burghart

Hruby

Kaven

Kilburg

Kosirog

Maladra

Marks

Mayer

Swanson

Burns (Chair)

Godskesen Clerk)

Dawkins

McCready

Sandack

DeGroot

Antenore

AGENDA

1. CALL TO ORDER

Chair Mayor Burns called the meeting to order at 8:13 PM, noting that all 10 aldermen were in

attendance in chambers.

2. Approve the Minutes from the August 16, 2021 Committee of the Whole Meeting.

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Moved by Ald. Marks, seconded by Ald. Kosirog to approve the measure as presented.

MOTION CARRIED by voice vote 10/0.

3. Items of Business

a. Consider Draft Resolution Approving a Payment In Lieu of Parking for The Walrus

Room at 415 W. State Street.

Moved by Ald. Bruno, seconded by Ald. Swanson to approve the measure as presented.

In response to a question from Ald. Maladra, Kilburg and Kosirog, Director DeGroot reported

that funds paid are set aside for development of parking in the area as needed, but if a business

closes, collection of funds would cease.


b. Consider Draft Ordinance Authorizing the Extension of Municipal Water Service to the

Property Located at 1N533 Peck Road Without Annexation.

Moved by Ald. Bruno, seconded by Ald. Swanson to approve the measure as presented.

In response to a question from Ald. Marks whether there was any cost to the city, Administrator

Dawkins reported there was not due to the existing close proximity of the water main to the

requesting property.


4. NEW BUSINESS/PUBLIC COMMENT

None

5. CLOSED SESSION ON THE REVIEW OF CERTAIN CLOSED SESSION MINUTES AND

APPROVAL OF DESTRUCTION OF CLOSED SESSION AUDIO RECORDINGS SEPTEMBER 2016

THROUGH DECEMBER 2019 PURSUANT TO 5 ILCS 12/2.06(c) AND THE SETTING OF A

PRICE FOR SALE OR LEASE OF PROPERTY OWNED BY THE PUBLIC BODY. 1 COMMITTEE OF

THE WHOLE SEPT. 7, 2021

Moved by Ald. Marks, seconded by Ald. Burghart to adjourn to closed session.


NOTE: the committee adjourned to closed session at 8:21 PM and returned to open

session at 9:00 PM

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Moved by Ald. Bruno, seconded by Ald. Swanson to return to open session.


6. OPEN SESSION TO APPROVE CERTAIN CLOSED SESSION MINUTES AND APPROVAL OF

DESTRUCTION OF CLOSED SESSION AUDIO RECORDINGS SEPTEMBER 2016 THROUGH

DECEMBER 2019 PURSUANT TO 5 ILCS 12/2.06

Moved by Ald. Mayer, seconded by Ald. Marks to approve the measure as presented. Roll Call: AYES: 10 (Ald. Bruno, Burghart, Hruby, Kaven, Kilburg, Kosirog, Maladra, Marks, Mayer,

Swanson) ABSENT: 0 NAYS: 0 MOTION CARRIED

7. Adjournment

Moved by Ald. Marks to adjourn the Committee of the Whole meeting.


The meeting adjourned at 9:02 PM

- Submitted by City Clerk Godskesen

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OCTOBER 4, 2021 COMMITTEE OF THE WHOLE

COMMITTEE OF THE WHOLE MINUTES

October 4, 2021 immediately following the City Council meeting at 7:00 PM.

All Employees, Elected Officials, and visitors are required to wear a face covering at all City

facilities regardless of vaccination status. Meetings are livestreamed for those unable to attend

in person the ability to contemporaneously hear all discussion, testimony and roll call votes of

the open meeting in real time. Public comment may be provided at the appropriate time during

the meeting by either attending the meeting in person or by registering at the meeting link

below. For more information, please see the


MEETING LINK LINK: https://attendee.gotowebinar.com/register/3454353691203421452

ELECTED

OFFICIALS

PRESENT

ELECTED

OFFICIALS

ATTENDING BY

TELECONFERENCE

ELECTED

OFFICIALS

ABSENT

STAFF

PRESENT

STAFF

ATTENDING BY

TELECONFERENCE

Burghart

Hruby

Kaven

Kilburg

Kosirog

Maladra

Marks

Mayer

Swanson

Burns (Chair)

Godskesen (Clerk)

Bruno

McCready

Van Gyseghem

Babica

Landers

Sandack

AGENDA

1. CALL TO ORDER

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Chair Mayor Burns called the meeting to order at 8:52 PM, noting Ald. Bruno was attending

remotely and the remaining 9 aldermen were in attendance in chambers.

2. Approve SPECIAL COMMITTEE OF THE WHOLE MINUTES FROM AUGUST 30, 2021.

Moved by Ald. Mayer, seconded by Ald. Marks to approve the measure as presented.


3. Items of Business

a. Consider Draft Resolution Authorizing Execution of a Contract with Insituform

Technologies at a Cost of $493,477.00 with an Additional $49,347.70 in Change Orders for

a Total Cost Not to Exceed $542,824.70 for 2021 Sanitary and Storm Sewer Lining Project.

Moved by Ald. Kosirog, seconded by Ald. Burghart to approve the measure as presented.

Ald. Mayer asked how specific locations to be addressed were chosen. Superintendent Van

Gyseghem said these were drawn from a list of high priority areas based on prior studies, video

evaluations and reported problems.


b. Consider Draft Resolution Authorizing Execution of a Contract with Boulder

Contractors, Inc. at a Cost of $126,900.00 with an Additional $12,690.00 in Change Orders

for a Total Cost Not to exceed $139,590.00 for 2021 Sanitary Manhole Replacement

Project.

Moved by Ald. Kosirog, seconded by Ald. Burghart to approve the measure as presented.

Ald. Kosirog for clarification on how and why manholes would be replaced. Superintendent Van

Gyseghem noted that the manholes needing to be replaced were 100 years old and built of

brick; in many cases the floors and lower layers of brick had eroded. The project requires

complete excavation and insertion of concrete replacements.

Ald. Mayer asked about traffic flow impact. Superintendent Van Gyseghem described each of

the locations and how only one would be worked on at a time to minimize disruption, but that

some impact on traffic would be unavoidable.


c. Consider Draft Resolution Declaring Three Substation Transformers as Surplus Property.

Moved by Ald. Kosirog, seconded by Ald. Marks to approve the measure as presented.

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d. Consider Draft Resolution Authorizing Execution of a Contract with Sebert Landscaping

in the Amount of $208,256.00 for 2022 Citywide Landscape Maintenance Services.

Moved by Ald. Marks, seconded by Ald. Mayer to approve the measure as presented.


e. Consider Draft Resolution Authorizing an Award to Extend a Snow Removal Contract

with Accurate Edge Landscaping for the 2021-2022 Snow Season.

Moved by Ald. Mayer, seconded by Ald. Burghart to approve the measure as presented.

Ald. Mayer asked that, since the parking lots were not being completely filled because of the

pandemic, whether only portions could be plowed to save money. Supt. Landers responded

that this had been evaluated last winter, and it was decided the lots should be completely

plowed to avoid liability from pedestrians and cars on unplowed and icy portions. In addition,

the cost saved would be minimal.


4. New Business and Public Comment

None

5. Adjournment

Moved by Ald. Swanson to adjourn the Committee of the Whole meeting.


The meeting adjourned at 9:02 PM

- Submitted by City Clerk Godskesen

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AGENDA ITEM EXECUTIVE SUMMARY

Agenda Item: Consider Resolution Authorizing Declaration of Surplus Property – Geneva Police Department Equipment.

Presenter & Title: Eli Rivera, Administrative Sergeant

Date: October 18, 2021 Please Check Appropriate Box: ☒ Committee of the Whole Meeting ☐ Special Committee of the Whole Meeting ☒ City Council Meeting ☐ Special City Council Meeting ☐ Public Hearing ☐ Other - Associated Strategic Plan Goal/Objective: N/A

Estimated Cost: $ Budgeted? ☐ Yes ☒ No

Other ☐ Yes Funding? ☒ No

If “Other Funding,” please explain how the item will be funded: N/A

Executive Summary: Staff is requesting that one (1) lot of police department equipment be declared surplus. All of the declared equipment is obsolete, end of life, or broken and otherwise not usable. The lot is detailed on the attached spreadsheet.

Attachments: (please list) • Resolution 2021-XX• Geneva Police Department Surplus ListVoting Requirements: This motion requires a simple majority of affirmative votes for passage. The Mayor may vote on three occasions: (a) when the vote of the aldermen or trustees has resulted in a tie; (b) when one half of the aldermen or trustees elected have voted in favor of an ordinance, resolution, or motion even though there is no tie vote; or (c) when a vote greater than a majority of the corporate authorities is required by state statute or local ordinance to adopt an ordinance, resolution, or motion. Recommendation / Suggested Action: (how the item should be listed on agenda) Consider approval of Resolution declaring police department equipment as surplus.

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RESOLUTION NO. 2021-XX RESOLUTION DECLARING POLICE DEPARTMENT EQUIPMENT SURPLUS PROPERTY

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE

COUNTY, ILLINOIS, as follows:

SECTION 1: The lot of Police Department equipment described in Exhibit A, is hereby

declared surplus property which shall be sold, or otherwise disposed of.

SECTION 2: This Resolution shall become effective from and after its passage as in

accordance with law.

PASSED by the City Council of the City of Geneva, Kane County, Illinois, this day

of , 2021.

AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE:

APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois this day

of 2021.

Mayor

ATTEST: City Clerk

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Exhibit A

Geneva Police Department Surplus List Created 10/04/2021 Updated 10/04/202 COW 10/18/2021 CC 11/01/2021

RADIO EQUIPMENT QUANTITY DESCRIPTION MAKE MODEL

2 Prisoner seat Progard

2 Center console Troy

4 Center console Lund

1 Rifle rack Lund

2 Light bar Code 3

1 A/C condenser and zone control unit

31 Gas mask FM12

7 Gas mask C50

1 Weight room bench 37 CBRNF air filtration canisters 1 Printer Lexmark MS810dn

1 Television Magnavox 1 Car mounted speed display unit 37 Personal protective equipment kits from ILEAS

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AGENDA ITEM EXECUTIVE SUMMARY

Agenda Item: Resolution 2021- ____ Authorizing Execution of A Tax Increment Financing Redevelopment Agreement: Riganato Old World Grille 700-720 E. State Street

Presenter & Title: Cathleen Tymoszenko, Economic Development Director Date: October 13, 2021 Please Check Appropriate Box: ☒ Committee of the Whole Meeting ☐ Special Committee of the Whole Meeting ☒ City Council Meeting ☐ Special City Council Meeting ☐ Public Hearing ☐ Other -

Associated Strategic Plan Goal/Objective: EV:II

Estimated Cost: $ 23,300 Budgeted? ☒ Yes ☐ No

Other ☐ YesFunding? ☐ No

If “Other Funding,” please explain how the item will be funded:TIF 1 Special Allocation Fund Executive Summary: The Nicolaou Family opened Riganato Old World Grille at 700-720 E. State Street in 2012 after purchasing the former Rib House site in 2008. PUD approval for the project facilitated interior and exterior renovations, electric and plumbing upgrades, a new sprinkler system, concrete and asphalt parking lot construction, consolidated access points (removal of driveway), new exterior lighting, Spanish tile roof, demolition of the stable house, construction of a new backroom and deck modification. PUD approval included a condition to demolish the one story retail store (formerly occupied by Dad & Me Toys). The City Council extended the timeline for demolition in 2013 to facilitate the deck modifications.

The total project investment between 2008-2019 including acquisition was near to $700,000. Riganato is seeking economic assistance in order to complete the demolition of the building and related restoration work. The project will result in adding a few new parking spaces for customers but it will not offset the loss of revenue for the retail space. Over the years, this rental income has helped the Nicolaou continue to invest in the property and business. The costs for the demolition, restoration and construction of the new parking area estimated to cost $46,600. Assistance is recommended as the project meets several goals and objectives of the East State Street TIF 2 Redevelopment Plan and Project. A draft Redevelopment Agreement has been prepared to provide a grant in the amount of $23,300 or 50% of the cost of the project. Attachments: (please list) Resolution Authorizing Execution of A Tax Increment Financing Redevelopment Agreement: Riganato Old World Grille 700-720 E. State Street.

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Voting Requirements: This motion requires a simple majority of affirmative votes for passage. The Mayor may vote on three occasions: (a) when the vote of the aldermen or trustees has resulted in a tie; (b) when one half of the aldermen or trustees elected have voted in favor of an ordinance, resolution, or motion even though there is no tie vote; or (c) when a vote greater than a majority of the corporate authorities is required by state statute or local ordinance to adopt an ordinance, resolution, or motion. Recommendation / Suggested Action: (how the item should be listed on agenda) Approve Resolution 2021-____Authorizing Execution of A Tax Increment Financing Redevelopment Agreement: Riganato Old World Grille 700-720 E. State Street

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RESOLUTION NO. 2021-__

RESOLUTION AUTHORIZING EXECUTION OF A TAX INCREMENT FINANCING REDEVELOPMENT AGREEMENT

EAST SIDE REDEVELOPMENT DISTRICT: BY AND BETWEEN

THE CITY OF GENEVA AND RIGANATO OLD WORLD GRILLE (700-720 E. State Street)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE

COUNTY, ILLINOIS, as follows:

SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of

the City of Geneva, a Tax Increment Financing Redevelopment Agreement, by and between the City

and Riganato Old World Grille, in the form attached hereto at Exhibit “A”.

SECTION 2: This Resolution shall become effective from and after its passage as in

accordance with law.

PASSED by the City Council of the City of Geneva, Kane County, Illinois, this _____ day of

_________, 2021.

AYES: _ NAYS: _ ABSENT: _ ABSTAINING: _ HOLDING OFFICE: 11

City Clerk

EXHIBIT “A” TAX INCREMENT FINANCING REDEVELOPMENT AGREEMENT

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CITY OF GENEVA

TAX INCREMENT FINANCING REDEVELOPMENT AGREEMENT

EAST SIDE REDEVELOPMENT DISTRICT:

RIGANATO OLD WORLD GRILLE, 700 & 720 E. STATE STREET

This REDEVELOPMENT AGREEMENT (the “Redevelopment Agreement”) is entered into

this 1st day of November, 2021 by and between the CITY OF GENEVA, Kane County, Illinois,

an Illinois municipal corporation, by and through its Mayor and City Council (hereinafter referred to as

the "CITY", or “Corporate Authorities”); and Nick Nicolaou, owner of Riganato Old World Grille who

for the purposes of this Agreement shall be referred as same (“Riganato”) having an address at 700

East State Street, Geneva, IL 60134. The City and the Riganato are collectively referred to as the

“Parties”.

RECITALS/INTRODUCTORY STATEMENTS/FINDINGS:

Among the factors of consideration, which the parties find have resulted in this Agreement, are

the following:

A. The City has undertaken a program for the redevelopment of certain property, hereinafter

described, pursuant to Illinois Compiled Statues, 65 ILCS 5/11-74 et seq., and commonly known as the

Tax Increment Allocation Redevelopment Act (the “Act”).

B. In the year 2000, the City adopted the East State Street Tax Increment Financing

Redevelopment Project and Plan (the “Redevelopment Plan”) and designated the Redevelopment

Project Area pursuant to the Tax Increment Allocation Redevelopment Act to implement a

comprehensive program to ensure that private investment in rehabilitation and new development occurs

and to direct the assets and energies of the private sector to ensure a unified and cooperative public-

private redevelopment effort within the Redevelopment Project Area (the “RDA”). Further, the

Redevelopment Plan aims to encourage managed growth, deter future deterioration, encourage

preservation, and stimulate private investment in the RDA. This goal is to be achieved through an

integrated and comprehensive strategy that leverages public resources to stimulate private growth.

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C. Riganato is the owner of certain real property (the "Subject Property") consisting of

20,919 square feet of land which is currently improved with a 2,929 square foot two story commercial

building commonly known as 700 East State Street (IL Route 38 west of East Side Drive) wholly within

the corporate boundaries of the CITY and legally described in Exhibit A. Riganato is proposing a

“Redevelopment Project,” that will consist of demolishing a retail building, grading, concrete curb and

gutter, parking lot base work and asphalt paving.

D. After acquiring the property in 2008 for $375,000, Riganato obtained approval of a

Planned Unit Development (PUD) to facilitate site and building improvements to retrofit the former Rib

House Restaurant property into what is now Riganato Old World Grille. The PUD included substantial

renovation of the restaurant building, demolition of the one story retail building, reduction of the number

of access drives to the property and total renovation of the parking lot to combine the area that

comprises the parking for the restaurant and the retail store into one unified parking lot design. Riganato

completed the majority of the work except for the demolition of the one story retail building.

E. In 2013, Riganato received approval for an Amendment to the PUD to postpone the

demolition of the one story retail building and to permit the restaurant deck modification (roof and

siding addition). Between 2009-2019, Riganato completed $318,850.00 of improvements that consisted

of interior and exterior renovations including remodeling, electrical and plumbing upgrades, new

sprinkler system, a new concrete and asphalt parking lot, exterior lighting, landscaping, new Spanish tile

roof, demolition of the stable house and construction of a backroom addition. In 2021, Riganato began

seeking economic assistance from the CITY in order to complete Redevelopment Project.

F. The CITY finds that it is in the CITY’s best interest to have the Subject Property

developed and operated in accordance with the Redevelopment Project in order to service the needs of

the CITY and its residents; that the Redevelopment Project serve to enhance the commercial economic

conditions in the City and stimulate commercial growth. Accordingly, the CITY commits to certain

defined incentives under the terms and conditions hereinafter set forth to induce and assist in the

Redevelopment Project.

NOW, THEREFORE, in consideration of the foregoing Introductory Statements and Findings,

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and of the mutual covenants and agreements herein contained and other good and valuable

consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby

agree as follows:

I. RECITALS PART OF AGREEMENT

Incorporation of Recitals. The representations, covenants, and recitations set forth in the foregoing

recitals are material to this Agreement and are hereby incorporated into and made a part of this

Agreement as though they were fully set forth in this Article I.

II. AUTHORITY

Authority for the parties to enter into this Agreement is hereinafter set forth:

A. The CITY adopted the East State Street Tax Increment Financing Redevelopment Project

and Plan under Ordinance Nos. 2000-12 and 2000-13 on February 22, 2000 and authorized the

establishment of tax increment financing district on February 22, 2000, under Ordinance No. 2000-14

pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., as

amended (the “Act”),

B. Under the Act, the City is authorized to pay redevelopment project costs as defined in the

Act and as set forth in the Plan and Redevelopment Project within the Area pursuant to the Act, the ad

valorem taxes, if any, arising from the levies upon taxable real property in the Area by taxing districts

and tax rates determined in the manner provided in Section 11-74.4-9(c) of the Act.

C. That portion, if any, of such taxes that is attributable to the increase in the current

equalized assessed valuation of each lot, block, tract, or parcel of real property in the Area shall be

allocated to and when collected shall be paid to the Treasurer of the City of Geneva, who shall deposit

said taxes into a special fund, hereby created, and designated the “Geneva East State Street

Redevelopment Project Area Special Tax Allocation Fund” of the City. Such taxes shall be used for

paying redevelopment project costs incurred and obligations incurred in the payment thereof.

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D. The City hereby represents and warrants to Riganato that the City has full constitutional

and lawful right, power, and authority under currently applicable law to execute, deliver, and perform

the terms and obligations of this Agreement, and all of the covenants have been or will be duly and

validly authorized and approved by any necessary City proceedings, findings, and actions. Accordingly,

this Agreement constitutes the legal, valid, and binding obligation of the City, is enforceable in

accordance with its terms and provisions, and does not require the consent of any other governmental

authority. Concurrently, Riganato hereby represents and warrants that it has the right, power, and

authority to execute, deliver, and perform the terms and obligations of this Agreement. This Agreement

constitutes the legal, valid, and binding obligation of Riganato, enforceable in accordance with its terms

and provisions.

E. Whenever under the provisions of this Agreement and other related documents and

instruments or any supplemental agreements, any request, demand, approval, notice, or consent of the

City or Riganato is required, or the City or Riganato is required to agree or to take some action at the

request of the other, such request, demand, approval, notice, consent, or agreement shall be given for the

City, unless otherwise provided herein, by the Mayor or designee and for Riganato by any officer of

Riganato so authorized (and, in any event, the officers executing this Agreement are so authorized). Any

Party shall be authorized to act on any such request, demand, approval, notice, consent, or agreement.

III. REQUIRED APPROVALS

A. Site and Building Plans Approval. Riganato shall submit to the City a complete permit

application with all required documentation, including engineering, building, and other required plans

(the “Plans”) for the Redevelopment Project. The City shall review this application in accordance with

all applicable ordinances, codes, and regulations and, within twenty (20) days after receipt of the Plans,

shall either approve the application and Plans or provide a written description of the reasons that the

application and/or the Plans have not been approved.

B. Construction Approval. Prior to commencing any work on the Redevelopment Project,

Riganato shall obtain or cause its contractors, to obtain all requisite governmental permits and approvals

for such work and at such times as are required in accordance with City ordinances and codes. Riganato

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shall expeditiously construct or cause to be constructed the Redevelopment Project in a good and

workmanlike manner in accordance with all applicable federal, state, and local laws, ordinances, and

regulations. Riganato shall not cause or permit any deviation from City-approved engineering and

construction plans and specifications without the City’s prior consent.

C. Indemnification. Riganato covenants and agrees to pay, at its expense, any and all claims,

damages, demands, expenses, liabilities, and losses resulting from the construction and development

activities of Riganato and its agents, contractors, and subcontractors with respect to the Redevelopment

Project and to indemnify and hold and save the City and its officers (past, present and future), agents,

employees, engineers, and attorneys (the “Indemnitees”) harmless of, from, and against such claims,

damages, demands, expenses, liabilities, and losses, except to the extent such claims, damages,

demands, expenses, liabilities, and losses arise by reason of the negligence or willful misconduct of the

City or other Indemnitees.

IV. DEVELOPMENT INCENTIVE REIMBURSEMENT

The CITY acknowledges that the Redevelopment Project proposed by Riganato is desirable to

the CITY and to the East State Street Tax Increment Financing District and Redevelopment Project Area

(hereinafter sometimes the "Area"). As such, the incentives to be granted to Riganato shall be applied as

hereinafter set forth:

A. Property Improvement Grant: The CITY shall provide a defined sum grant award not to

exceed $23,300 (the “Maximum Reimbursement Amount”), to assist with certain Eligible

Reimbursement Costs as enumerated at Exhibit B. This grant shall be issued upon satisfactory proof of

payment of the Eligible Reimbursement Cost by Riganato, as delineated in Paragraph V below. The

CITY agrees to reimburse Riganato for all of its Eligible Reimbursement Costs up to the Maximum

Reimbursement Amount in keeping with the provisions of this Agreement.

A. Sources of Funds to Pay Reimbursable Improvement Costs: Any funds committed by the

CITY herein are to be derived from property tax increment generated by the Redevelopment Project

Area. Such reimbursement shall, however, be paid only from funds paid into the Special Tax

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Allocation Fund pursuant to the Act and from no other source. THE CITY SHALL NOT BE

OBLIGATED TO MAKE ANY PAYMENTS OTHER THAN FROM THE FUND, AND THE

REIMBURSEMENT SHALL NOT BE DEEMED A GENERAL OBLIGATION OF THE

MUNICIPALITY.

V. REIMBURSEMENT PROCEDURES

A. Property Tax Increment: Riganato shall be responsible for payment of real property taxes

in a timely manner and shall not object to the assessment as determined by the Kane County

Assessor, during the term of TIF District.

B. Reimbursement of Eligible Costs: For those eligible costs that are construction costs, the

Riganato shall be reimbursed from time to time as funds become available, and in the manner set

forth above, after submitting the following documentation to the City in accordance with

requirements below:

(1) a sworn statement from Riganato setting forth a description of all contracts

entered into by Riganato in connection with the construction of the Redevelopment Project, the

nature and scope of the work covered thereby, and the aggregate amounts paid to each contractor

thereunder and further stating that such contracts embrace all of the work done or to be done and all

of the material used or to be used in the completion of the Redevelopment Project;

(2) a sworn statement from Riganato setting forth all amounts paid to contractors or

subcontractors and that Riganato has approved all work and materials for which payment has been

made; and

(3) a lien waiver from each of the parties who received payment under the aforestated

sworn statements that are the subject of the Redevelopment Project.

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(4) proof of completion of all required inspections resulting in the closure of the

building permit by the City’s Building Commissioner or City Engineer for the Reimbursable

Expenses relating to the Redevelopment Project.

Subject to the following limitations, the City shall make payments from the Fund in the manner as

indicated upon compliance with conditions (1), (2), (3) and (4).

C. City’s Right To Inspect Books and Records. Riganato agrees that, up to two years after

completion and approval of the Redevelopment Project, the City, with reasonable advance notice and

during normal business hours, shall have the right and authority to review, audit, and copy, from time to

time, Riganato’ s books and records relating to the Redevelopment Project funded by the City hereunder

(including the following, if any: all loan statements, general contractor’s sworn statements, general

contracts, subcontracts, material purchase orders, waivers of lien, paid receipts, and invoices) in order to

confirm that reimbursement is being made for Redevelopment Project Costs or other purposes permitted

under the Act.

VI. ADDITIONAL COVENANTS

A. Time: Time is of the essence unless otherwise stated in this Agreement and all time

limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed

written waiver by the party excusing such timely performance.

B. Binding Effect: This Agreement shall inure to the benefit of and shall be binding upon

the CITY and Riganato their respective successors and assigns. Riganato may freely assign its duties,

obligations and benefits to any entity by transfer, conveyance or sale, and CITY shall direct such

reimbursement payments in accordance with any assignment notice to be provided to CITY within thirty

(30) days of such assignment.

C. Law Governing: This Agreement shall be construed and enforced in accordance with the

laws of the State of Illinois.

D. Severability: If any provision of this Agreement is held invalid by a court of competent

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jurisdiction or in the event such a court shall determine that the CITY does not have the power to

perform any such provision, such provision shall be deemed to be excised here from and the invalidity

thereof shall not affect any of the other provisions continued herein.

E. Term of Agreement. The term of this Agreement shall commence on the date first above

written and shall continue until the completion of the Redevelopment Project and the reimbursement of

all costs due to Riganato of eligible Redevelopment Project Costs, provided that the City shall not be

required to make any payments hereunder after December 31, 2022. Notwithstanding the foregoing to

the contrary, the covenants agreed to by Riganato contained in Paragraph C of

RECITALS/INTRODUCTORY STATEMENTS/FINDINGS herein shall survive the term of this

Agreement and shall constitute and ongoing condition and obligation of Riganato, is successors and

assigns.

F. Interpretations. This Agreement has been jointly negotiated by the Parties and shall not

be construed against a Party because that Party may have primarily assumed responsibility for the

drafting of this Agreement.

G. Exhibits. All exhibits attached hereto are declared a part of this Agreement and are

incorporated herein by this reference.

H. Notices: All notices and requests required pursuant to this Agreement shall be sent by

certified mail as follows:

To DEVELOPER: Nick Nicolaou Riganato Old World Grille 700 E. State Street Geneva, IL 60134

With copies to: _______________________

_______________________

_______________________

_______________________

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To the CITY: City Administrator 22 South First Street Geneva, IL 60134

With copies to: City Attorney 22 South First Street Geneva, Illinois 60134

I. Authority to Execute: The signatories of the parties hereto warrant that they have been

lawfully authorized by the City Council of the CITY and the Owner of Riganato to execute this

Agreement.

J. Assignment: Prior to the substantial completion of the construction of the Redevelopment

Project, as evidenced by the delivery and approval of the certificate of completion, Riganato agrees that

it shall not sell, assign, or otherwise transfer its rights and obligations under this Agreement other than to

an entity having common ownership with Riganato. After substantial completion of the Redevelopment

Project, Riganato shall have the right to assign its rights and delegate its duties under this Agreement

without the consent of the City, provided, however, that the City shall not be required to pay any sums

or send any notices to the assignee until the City shall have received written notice of such assignment

from the assignor and the assignee.

K. Successors and Assigns: Recordation: The agreements, undertakings, rights, benefits, and

privileges set forth in this Agreement shall be binding on and inure to the benefit of the parties and their

respective successors, assigns, and legal representatives (including successor Corporate Authorities).

L. Consent or Approval: Except as otherwise provided in this Agreement, whenever consent or

approval of either party is required, such consent or approval shall not be unreasonably withheld,

delayed, or conditioned.

M. Interpretations: This Agreement has been jointly negotiated by the Parties and shall not be

construed against a Party because that Party may have primarily assumed responsibility for the drafting

of this Agreement.

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IN WITNESS WHEREOF, this Agreement is entered into at Geneva, Illinois, as of the date and year

shown above.

APPROVED BY the City of Geneva, Kane County, Illinois, by Resolution No. 2021-___, on the ____

day of November, 2021.

CITY OF GENEVA Riganato Old World Grille

An Illinois Municipal Corporation

____________________________ BY: ______________________________

Kevin R. Burns Nick Nicolaou

Mayor Owner

ATTEST:

_____________________________

City Clerk

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EXHIBIT A

Legal Description

PARCEL ONE (720 E. STATE STREET): THAT PART OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 1.92 CHAINS; THENCE NORTH 5 1/2 DEGREES EAST, 7.75 CHAINS; THENCE NORTH 5 1/2 DEGREES EAST 331.30 FEET FOR A POINT OF BEGINNING; THENCE NORTH 5 1/2 DEGREES EAST 170.30 FEET TO THE CENTER LINE OF STATE STREET ROAD; THENCE NORTH 72 DEGREES, 0 MINUTES, 0 SECONDS EAST ALONG SAID CENTER LINE 95.48 FEET; THENCE SOUTH 5 1/2 DEGREES WEST 208.37 FEET; THENCE NORTH 84 DEGREES, 30 MINUTES, 0 SECONDS WEST 87.56 FEET TO THE POINT OF BEGINNING, IN THE CITY OF GENEVA, KANE COUNTY, ILLINOIS.

PARCEL TWO (700 E. STATE STREET): THAT PART OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER 1.92 CHAINS; THENCE NORTH 5 DEGREES 30 MINUTES EAST 1013.1 FEET TO THE CENTER LINE OF STATE STREET; THENCE NORTH 72 DEGREES EAST ALONG SAID CENTER LINE 95.48 FEET FOR A POINT OF BEGINNING; THENCE NORTH 72 DEGREES EAST ALONG SAID CENTER LINE 54.52 FEET; THENCE SOUTH 5 DEGREES 30 MINUTES WEST 230.11 FEET; THENCE NORTH 84 DEGREES 30 MINUTES WEST 50 FEET; THENCE NORTH 5 DEGREES 30 MINUTES EAST 208.37 FEET TO THE POINT OF BEGINNING, IN THE CITY OF GENEVA, KANE COUNTY, ILLINOIS.

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EXHIBIT B

PROJECT COSTS

Project Costs for Improvements Completed 2009-2020

Property Acquisition 375,000 Site Work 104,100 Interior 69,400 Remodeling/backroom 113,000 Spanish Tile roof 17,200 Demo of Old Stable house 15,150 Total 693,850

Redevelopment Project Costs 2021 Reimbursable Expenses

Demo of retail building 23,800 Parking lot 22,800

Total 46,600

The City will reimburse an amount equal to 50% of the Redevelopment Project Costs 2021. Reimbursement shall not exceed $23,300 and will be provided in a single payment. Applicable line items may increase or decrease within the $23,300 total.

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committee of the whole monday, october 18, 2021

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