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TO: Mayor Thomas J. Weisner
FROM: Rick Guzman, Assistant Chief of Staff
DATE: November 25, 2014
SUBJECT:
A Resolution Authorizing the Execution of a Development Agreement with the Boy Scouts of America Three Fires Council
PURPOSE:
The Illinois Department of Commerce and Economic Opportunity recently approved a grant application that would provide the necessary funding to cover the costs of an elevator and other egress and life safety code issues in the building that is already owned by the Boy Scouts. In order to process a grant agreement with the State, however, DCEO is requiring an executed development agreement between the Boy Scouts and the City that just covers the portion of the project that can be opened using the grant funding and where the work will be completed. Therefore, attached is a modified and shortened grant agreement that effectively covers this first phase that would allow the Boy Scouts' current building to be opened next year and serve Aurora your for at least 10 years. Most of the provisions in this agreement are identical to the agreement that you have already seen and approved, however no City dollars are included or contemplated under this agreement. The following is a list of changes:
PARTIES: The parties are the City and the Boy Scouts as owners of the subject property;
CONTINGENCY: The agreement is contingent on the State funding coming through (Sec. 4.1);
COMPLIANCE PERIOD: Sec. 6.1 contains an opening date within 12 months and Sec. 6.2 requires continuous operations for a 10-year period (10 years is at the request of the State);
RECAPTURE PROVISION: Sec. 10.4 creates a Mortgage/Lien on the Property that would be forgiven after the 10-year compliance period; Section 10.1(o) and (p) require that the City's lien be kept in senior position;
REQUIREMENT TO SERVE AURORA YOUTH: is contained in Sec. 10.1(n) and Exhibit B;
PROJECT DESCRIPTION: contains the same spirit and concept as the previous agree...
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