14-87 Resolution No. 14-87
RESOLUTION ACCEPTING A GRANT FROM THE
ILLINOIS HOUSING DEVELOPMENT AUTHORITY'S
ABANDONED RESIDENTIAL PROPERTY MUNICIPAL RELIEF PROGRAM
WHEREAS, the City of Elgin (the "Sponsor") has been awarded a grant (the "Grant")
from the Illinois Housing Development Authority (the "Authority") program administrator of the
Abandoned Residential Property Municipal Relief Program (the "Program"), as that Program is
authorized by Section 7.31 of the Illinois Housing Development Act, 20 ILCS 3805/1 et seq. and
the rules promulgated under the Act codified at 47 Ill. Adm. Code 381, as may be amended from
time to time.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that the Sponsor shall enter into the Agreement with the Authority wherein
the Authority agrees to make the Grant to the Sponsor, which shall be used by the Sponsor to
assist with the maintenance and demolition of abandoned properties within the Recipient's area,
all in accordance with the terms and conditions set forth in the Agreement.
BE IT FURTHER RESOLVED that the Mayor of the Sponsor and the City Clerk of the
Sponsor are hereby authorized and empowered to execute and deliver in the name of or on behalf
of the Sponsor the Agreement and any and all amendments, modifications and supplements
thereto, and to execute and deliver such additional documents, instruments and certificates, as
may be necessary or desirable for the Sponsor to perform it's obligations under the Agreement.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk be and hereby are
authorized and directed to take such additional actions, to make further determinations, to pay
such costs and to execute and deliver such additional instruments (including any amendments,
Agreements or supplements) as he or she deems necessary or appropriate to carry into effect the
foregoing resolutions.
BE IT FURTHER RESOLVED that the Sponsor hereby ratifies, authorizes and confirms
and approves all documents and instruments executed in connection with the Grant and the
Agreement, including those acts taken prior to the date hereof.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 25, 2014
Adopted: June 25, 2014
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PROGRAM FUNDING AGREEMENT
This PRO FUNDING AGREEMENT(this"Agreement"),made and entered into as
of the'r day of ,2014,by and between CITY OF ELGIN,an Illinois unit of local
government("Recipie ')and the Illinois Housing Development Authority(the"Authority')a body
politic and corporate established pursuant to the Illinois Housing Development Act,20 ILCS 3805/1
et seq., as amended from time to time (the"IHDA Act").
WITNESSETH:
WHEREAS, pursuant to authority under Section 7.31 of the IHDA Act and the rules
promulgated thereunder and codified at 47 Ill. Adm. Code 381 (the "Rules"), the Authority may
provide Funds to municipalities and counties in Illinois participating in the Abandoned Residential
Property Municipality Relief Program for the maintenance and demolition of abandoned properties;
and
WHEREAS, the Authority has issued, and the Recipient has accepted, that certain
Conditional Commitment Letter (together with any amendments thereto, the "Commitment"),
pursuant to which the Authority has agreed to provide funds to the Recipient in an amount not to
exceed Twenty-Six Thousand Nine Hundred Sixty-Two and 501100 Dollars ($26,962.50) (the
"Funds") and Recipient will use the Funds for Eligible Uses in connection with maintenance and
demolition of Abandoned Residential Property within the Recipient's jurisdiction(the"Project")and
for no other purpose; and
WHEREAS,as an inducement to the Authority to provide the Funds,the Recipient agrees to
enter into this Agreement and consents to be regulated and restricted by the Authority as provided in
this Agreement, the IHDA Act and the Rules.
NOW, THEREFORE,the parties hereto agree as follows:
1. Incorporation. The foregoing recitals are made a part of this Agreement.
2. Act and Regulations. The Recipient agrees that at all times its acts regarding the
Project shall comply with the applicable provisions of the IHDA Act and the Rules.
3. Definitions:
"Abandoned Property Program" shall mean the Abandoned Residential Property
Municipal Relief Program authorized by Section 7.31 of the IHDA Act and the
Rules.
"Abandoned Residential Property"shall have the meaning ascribed to it in the Rules.
"Application" shall mean the application for the Funds completed by the Recipient.
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"Business Day"shall mean any day other than(i) a Saturday or Sunday,or(ii)a day
on which the Authority is authorized or obligated by law to be closed.
"Closing Date" shall mean the date upon which all requirements set forth in the
Commitment have been satisfied. This Agreement shall be dated as of the Closing
Date and shall become effective as of the Effective Date.
"Commitment" shall mean that certain Conditional Commitment Letter by the
Authority and accepted by the Recipient dated as of May 13, 2014.
"Disbursements" shall mean the Funds that may be disbursed to the Recipient after
the Closing Date.
"Effective Date" shall mean July 28, 2014.
"Eligible Uses" shall have the meaning ascribed to it in the Rules.
"Fund Documents"shall mean the Application,this Agreement,the Commitment and
any and all other documents evidencing or governing the Funds.
"Initial Disbursement"shall mean that portion of the Funds that may be disbursed to
the Recipient after the Closing Date for reimbursement in connection with expenses
for Eligible Uses incurred by the Recipient as of January 1, 2012 through the
Effective Date.
"Quarterly Disbursements" shall mean that portion of the Funds that may be
disbursed to the Recipient after the Closing Date for reimbursement in connection
with expenses for Eligible Uses incurred by the Recipient as detailed on the
Recipient's Quarterly Disbursement Statements.
"Termination Date" shall mean the date which is two (2) years after the Effective
Date.
4. Commencement.The term of this Agreement shall commence on the Effective Date
and,unless terminated earlier pursuant to the provisions herein, shall terminate on the Termination
Date. No disbursement shall be made under this Agreement after the Termination Date. Any Funds
disbursed to the Recipient but not expended by the Recipient as of the Termination Date shall be
returned to the Authority within Five(5) Business Days after the Termination Date.
5. Project Reguirements. In connection with the Project,the Recipient shall perform
functions that include, but may not be limited to, the following:
a. Report data-points and financials to Authority, as set forth herein.
b. Use funds for Eligible Uses as ascribed in Rules.
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c. Recipient is not barred from receiving funds under any federal program or any
program of the state. In addition, Recipient is not delinquent in the payment of any debt to
the State of Illinois (or if delinquent has entered into a deferred payment plan to pay the
debt),and Recipient and its affiliates acknowledge the Authority may declare this Agreement
void if this certification is false or if Recipient or an affiliate later becomes delinquent and
has not entered into a deferred payment plan to pay off the debt.
d. Recipient has satisfied and will continue to satisfy all terms, conditions, and
covenants of and has not suffered or will suffer any event of default of any agreement,
contract or requirement of the Authority,HUD,the State,or any political subdivision thereof.
e. Recipient has not been convicted of bribery or attempting to bribe an officer or
employee of the State in that officer's or employee's official capacity; nor has it made an
admission of guilt of such conduct which is a matter of record but has not been prosecuted
for such conduct. In addition, if Recipient has been convicted of a felony, as least five (5)
years have passed after the date of completion of the sentence for such felony, unless no
person held responsible by a prosecutor's office for the facts upon which the conviction was
based continues to have any involvement with the business.
E Recipient will at all times, in the performance of this Agreement, comply with all
applicable federal, state, and local laws and regulations.
g.Recipient shall obtain a fidelity bond coverage or honesty insurance in an amount
that is at least equal to the lesser of(a) the Funds awarded, or (b) $100,000.00 with the
Authority named as an additional insured.
h.Recipient shall provide wire instructions or ACH deposit instructions for the Bank
Account (as defined in Paragraph 7.f hereof).
i. Recipient shall perform any other functions that the Authority may reasonably
require.
The Authority reserves the right to assess the Recipient's performance of the Project at all
times throughout the term of this Agreement. If the Authority determines,in its sole discretion,that
the Recipient's performance of the Project is not satisfactory or that the Project is not yielding
satisfactory results for the operation of the Abandoned Property Program, the Authority shall have
the right to terminate this Agreement pursuant to Paragraph 10 hereof.
6. Additional Covenants. The Recipient further certifies under oath, covenants and
agrees that,to the best of Recipient's knowledge,information and belief,(i)all representations and
warranties of the Recipient contained in this Agreement and the other Fund Documents are true,
accurate and complete as of the date hereof and shall be true,accurate and complete at the time of the
Disbursement; (ii) that the Funds shall be used only for the purposes described in this Agreement;
and(iii)that the award of Funds is conditioned upon the certification as set forth in this Paragraph
6.
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7. Disbursement of Funds. Provided that adequate funds have been appropriated or
directed to the Authority to fulfill its obligations under this Agreement,the Authority will authorize
the Disbursements as follows:
a. Initial Disbursement. On or after the Effective Date, the Recipient shall
provide the Authority with a detailed accounting of all expenses incurred by the Recipient for
Eligible Uses as of January 1, 2012 through the Effective Date (the "Initial Disbursement
Statement"),as set forth in Paragraph 7.d hereof,on a form supplied by the Authority, and
documents substantiating the expenditures made by Recipient,which must be satisfactory to
the Authority in its sole and absolute discretion. Provided that the Authority approves of the
Initial Disbursement Statement,the Initial Disbursement will be disbursed within forty-five
(45) days of the Authority's receipt of the Initial Disbursement Statement.
b. Quarterly Disbursements. Within ten(10) calendar days of the end of each
quarter,commencing with the first full quarter ending after the Effective Date,the Recipient
shall provide the Authority with a detailed accounting of all expenses incurred by the
Recipient for Eligible Uses (the "Quarterly Disbursement Statement"), as set forth in
Paragraph 7.d hereof,on a form supplied by the Authority which must be satisfactory to the
Authority in its sole and absolute discretion. Provided that the Authority approves of the
Quarterly Disbursement Statement, the Quarterly Disbursement will be disbursed within
forty-five (45) days of the Authority's receipt of the Quarterly Disbursement Statement.
Notwithstanding anything to the contrary contained herein, each Quarterly Disbursement
shall also be based on the Recipient's performance under the Abandoned Property Program
to date and the Recipient's continued willingness to perform. Notwithstanding anything to
the contrary contained herein, the Authority reserves the right, in its sole and absolute
discretion,to increase,decrease or eliminate the Funds to the Recipient and the Authority has
the right to modify the expenditure timeline as set forth herein.
C. Rejection of Disbursement Statement. If the Authority rejects the Recipient's
Initial Disbursement Statement or a Quarterly Disbursement Statement,the Authority shall
give its reasons for such rejection in a written notice to Recipient as provided in Paragraph
19 hereof and the Recipient shall have five(5)Business Days from the date of receipt of the
rejection notice,or within such further time as the Authority in its sole discretion permits,to
cure any defects in the documents submitted and, provided the cure is accepted by the
Authority,additional Disbursements may be made to the Recipient. If the Recipient fails to
cure any defects to the Authority's satisfaction,the Authority may declare a default under this
Agreement,effective upon notice to the Recipient,and shall have the remedies available to it
as set forth in Paragraph 10 hereof.
d. Disbursement Statements. The Initial Disbursement Statement and each
Quarterly Disbursement Statement shall include:
(i) A complete and accurate Abandoned Property Program-Cumulative
Accounting of the expenses for Eligible Uses incurred by the Recipient on a
form supplied by the Authority.
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(ii) Evidence and back-up documentation of expenses for Eligible Uses,
including, but not limited to, receipts, ledgers, invoices, before and after
pictures, addresses or geographic coordinates, and number of abandoned
residential properties served.
(iii) Any and all other documents and showings reasonably requested by
the Authority or its counsel.
e. Documentation Retention. As set forth in Paragraph 11 hereof, Recipient
shall maintain copies of all documents substantiating expenditures made by Recipient in
connection with the Abandoned Property Program for a period of five (5) years after the
Termination Date.Recipient shall ensure that all books,records,and supporting documents
in relation to all expenses in connection with the Abandoned Property Program are
maintained at the address listed for the Recipient in Paragraph 19 hereof and are available
for inspection by the Authority upon the Authority's request.
L Bank Account for Disbursements. The Authority shall effectuate
Disbursements by transferring the Funds directly to a bank account(the"Bank Account"),
established at a bank or other financial institution(the"Bank")selected by the Recipient and
acceptable to the Authority. Recipient shall provide evidence of the Bank Account to the
Authority on a form acceptable to the Authority and shall include ACH instructions on a
form acceptable to the Authority. Recipient shall be responsible for the management of the
Bank Account, and shall cause the Bank to provide the Authority with copies of statements
upon the Authority's request. Recipient shall maintain the Bank Account as a separate
account or a separate sub-account designated solely for the Abandoned Property Program.
Any fees and costs charged or incurred by Bank in connection with the Bank Account shall
be paid by the Recipient.
8. Reporting Requirements. The Recipient shall provide quarterly reports to the
Authority within ten (10) calendar days of the end of each quarter, commencing with the first full
quarter ending after the Effective Date in accordance with Section 381.209 of the Rules. The
Recipient's submission of the Quarterly Disbursement Statements as set forth in Paragraph 7 hereof
will be sufficient to meet the reporting requirements under this Paragraph 8.
9. Non-Discrimination.
a. The Recipient shall not, in the provision of services in connection with the
Project, or in any other manner, discriminate against any person on the grounds of race,
color, creed, religion, sex, age, disability, national origin, familial or marital status,
unfavorable military discharge or because the person is receiving governmental rental
assistance.
b. The Recipient shall comply with all of the provisions of Paragraph 13 of the
IHDA Act, and all other provisions of federal, state and local law relative to non-
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discrimination.
C. The Recipient agrees not to commit unlawful discrimination in employment in
Illinois as that term is used in the Illinois Human Rights Act(775 ILCS 5/1-101 et seq.)and
rules applicable to public contracts,including equal employment opportunity,refraining from
unlawful discrimination The Recipient agrees to comply with the applicable provisions of the
Fair Housing Act(42 USC 3601 et seq.), Section 504 of the Rehabilitation Act of 1973 (29
USC 794),the Illinois Environmental Barriers Act(410 ILCS 25),the Illinois Accessibility
Code (71 I11.Adm. Code 400), and all other applicable state and federal laws concerning
discrimination and fair housing. The Recipient further agrees to take affirmative action to
ensure that no unlawful discrimination is committed.
d. The Recipient agrees and acknowledges that they are in compliance with and
will remain in compliance with all federal and State laws,rules,and regulations required as a
regular course of their business and pursuant to IHDA Act, the Rules, and the Abandoned
Property Program. The Recipient agrees and acknowledges that it is its responsibility to
determine which laws, rules and regulations apply.
10. Violation of Agreement. Upon learning of a violation of any of the provisions of
this Agreement by the Recipient or if the Authority determines, in its sole discretion, that the
Recipient's performance of the Project is not satisfactory or that the Project is not yielding
satisfactory results for the operation of the Abandoned Property Program, or if the Recipient
becomes insolvent,defunct,or commences bankruptcy proceedings,or should any director,officer,
employee or official of Recipient engage in fraud, willful misconduct or gross negligence or
misappropriate any funds, then the Authority may give written notice of such violation or
unsatisfactory performance to the Recipient, as provided in Paragraph 19 hereof. If such violation
or unsatisfactory performance is not corrected to the satisfaction of the Authority within thirty(30)
days after the receipt of such notice,or within such further time as the Authority in its sole discretion
permits, the Authority may declare a default under this Agreement, effective upon notice to the
Recipient the Authority may:
a. Recover the disbursed Funds,or such portion of the disbursed Funds as are,in
the sole judgment of the Authority, related to the violation of this Agreement;
b. Terminate this Agreement; and
C. Exercise such other rights or remedies as may be available to the Authority
under this Agreement, at law or in equity.
No waiver by the Authority of any breach of this Agreement shall be deemed to be a waiver
of any other existing or subsequent breach of this Agreement. No delay in exercising, failure to
exercise,or incomplete exercise by the Authority of any right under this Agreement shall operate as a
waiver of such right or any other right. The Authority's remedies are cumulative and the exercise of
one remedy shall not be deemed an election of remedies,nor foreclose the exercise of the Authority's
other remedies.
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Notwithstanding the foregoing thirty(3 0)day cure period for violations of the Agreement,the
cure period for Requests for Disbursements shall be as set forth in Paragraph 7 hereof.
11. Monitoring of Proiect. The Authority, the Auditor General and the Attorney
General, and their respective agents or representatives (collectively, the"Auditor") shall have the
right at any time from the Closing Date through five (5) years after the Termination Date, upon
notice to the Recipient to inspect the books and records of the Recipient relating to the Project
completed during the Project.Recipient shall make available this Agreement and all books,records
and supporting documents related to this Agreement for review and audit by the Auditor. Recipient
shall cooperate fully with any audit conducted by the Auditor and shall permit the Auditor full access
to all relevant materials.The required documentation may include,but is not limited to,a copy of the
municipality's or county's Application to the Authority;all records relating to the Eligible Uses under
the Program, as set forth in Section 381.203 of the Rules; and any other documentation required by
the Auditor. Recipient further agrees that the failure of the Recipient to maintain the books,records,
and supporting documents required by this Paragraph 11 shall establish a presumption in favor of
the State of Illinois and the Authority for the recovery of any funds paid by the State of Illinois or the
Authority under this Agreement for which adequate books, records and supporting documentation
are not available to support their purported disbursement.
12. Indemnification of the Authority. Recipient agrees to defend and indemnify and
hold harmless the Authority from and against any and all damages,including,but not limited to,any
past, present or future claims, actions, causes of action, suits, demands, liens, debts, judgments,
losses,costs,liabilities and other expenses,including,but not limited to,reasonable attorneys' fees,
costs, disbursements, and other expenses, that the Authority may incur or suffer by reason of or in
connection with the Project,including without limitation the execution of the Fund Documents and
the provision of the Funds. Recipient further agrees that the Authority, if it so chooses, shall have
the right to select its own counsel with respect to any such claims. The obligations of Recipient
under this Paragraph 12 shall survive the provision of the Funds.
13. Drug-Free Workplace. If applicable,Recipient agrees to comply with the Drug Free
Workplace Act(30 ILCS 580/1 et seq.). The Recipient's Drug Free Workplace Certification(form
of which is attached hereto as Exhibit A) is made a part of this Agreement.
14. Amendment of Agreement. This Agreement shall not be altered or amended except
by a written instrument signed by the parties to it.
15. Partial Invalidity. The invalidity of any clause,part or provision of this Agreement
shall not affect the validity of its remaining portions.
16. Binding on Successors. This Agreement shall bind,and the benefits shall inure to,
the respective parties hereto, their legal representatives, executors, administrators, successors in
office or interest and assigns,provided that the Recipient may not assign this Agreement,its right to
the Funds proceeds or any of its obligations under this Agreement without the prior written approval
of the Authority.
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17. Gender. The use of the plural in this Agreement shall include the singular; the
singular shall include the plural; and the use of any gender shall be deemed to include all genders.
18. Captions. The captions used in this Agreement are inserted only as a matter of
convenience and for reference and in no way define,limit or describe the scope or the intent of any
provision of the Agreement.
19. Notices. Any notice, demand, request or other communication that any party may
desire or may be required to give to any other party under this Agreement shall be given in writing,at
the addresses set forth below, by any of the following means: (a) personal service; (b) overnight
courier; or(c)registered or certified United States mail, postage prepaid, return receipt requested.
If to the Authority:
Illinois Housing Development Authority
401 North Michigan Avenue, Suite 700
Chicago, Illinois 60611
Attention: Legal Department
If to Recipient:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Marc C. Mylott, AICP, Director of Community Development
Such addresses may be changed by notice to the other party given in the same manner as
provided in this Paragraph 19. Any notice,demand,request or other communication sent pursuant
to subparagraph(a) shall be served and effective upon such personal service. Any notice,demand,
request or other communication sent pursuant to subparagraph(b)shall be served and effective one
(1) Business Day after deposit with the overnight courier. Any notice, demand, request or other
communication sent pursuant to subparagraph (c) shall be served and effective three (3) Business
Days after proper deposit with the United States Postal Service.
20. Counterparts. This Agreement may be executed in counterparts, and each
counterpart shall, for all purposes for which an original of this Agreement must be produced or
exhibited,be the Agreement,but all such counterparts shall constitute one and the same instrument.
[REMAINDER OF PAGE INTENTIONALL Y BLANK, SIGNATURE PAGE FOLL0WSJ
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their authorized officers.
RECIPIENT:
CITY OF ELGIN,
an Illinois unit Af local government
Z_�'I e
By:
Name:
Title: Mayor
Mw
City Clerk
AUTHORITY:
ILLINOIS HOUSING DEVELOPMENT AUTHORITY
By:
Mary R. Kenney,Executive Director
Exhibit A: Drug-Free Work Place Certification
9
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their authorized officers.
RECIPIENT:
CITY OF ELGIN,
an Illinois unit of local government
By:
Name:
Title:
AUTHORITY:
ILLINOIS)ROUSING DEVELOPMENT AUTHORITY
Ma
Exhibit A: Drug-Free Work Place Certification
9
EXHIBIT A
DRUG FREE WORK PLACE CERTIFICATE
STATE OF ILLINOIS
This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free
Workplace Act, effective January 1, 1992, requires that no Fundee or contractor shall receive a
Funds or be considered for the purposes of being awarded a contract for the procurement of any
property or services from the State unless that Fundee or contractor has certified to the State that the
Fundee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or Funds
payments, termination of the contract or Funds and debarment from contracting or Funds
opportunities with the State for at least one(1) year but not more than five(5)years.
For the purpose of this certification, "Fundee" or "contractor"means a corporation,partnership,or
other entity with twenty-five (25) or more employees at the time of the issuing of the Funds, or a
department,division,or other unit thereof,directly responsible for the specific performance under a
contract or Funds of$5,000 or more from the State.
The contractor/Fundee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance,including cannabis,is prohibited in the Fundee's
or contractor's workplace;
(2) Specifying the actions that will be taken against employees for violations of such
prohibition; and
(3) Notifying the employees that, as a condition of employment on such contract or
Funds, the employee will:
A. abide by the terms of the statement; and
B. notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five(5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the Fundee's or contractor's policy of maintaining a drug free workplace;
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(3) any available drug counseling,rehabilitation,and employee assistance programs;and
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by paragraph(a)hereof to each employee engaged
in the performance of the contract or Funds and posting the statement in a prominent place in the
workplace.
(d) Notifying the contracting or Funding agency within ten(10)days after receiving notice under
subparagraph(3)of paragraph(a)hereof from an employee,or otherwise receiving actual notice of
such conviction.
(e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance
or rehabilitation program by,any employee who is so convicted,as required by Section 5 of the Drug
Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling,treatment,
and rehabilitation is required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
THE UNDERSIGNED AFFIRMS,UNDER PENALTIES OF PERJURY,THAT HE OR SHE
IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE
DESIGNATED ORGANIZATION.
CITY OF ELGIN,
an Illinois uni local rnment
By: �ZL
Name: David J. pt n
Title: —mayor
Attest:
r
City Clerk
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Ag
ILLINOIS HOUSING 401 N.Michigan Avenue
DEVELOPMENT AUTHORITY suite goo
Chicago IL 60611
312.836.5200
312.836.5222 TDD
www.ihda.org
13, 2014 ww.ihda.org
Pat Quinn,Governor
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Marc C. Mylott, AICP, Director of Community Development
Re: Conditional Commitment Letter(this "Letter")
Abandoned Residential Property Municipal Relief Program
APP- 50881
Dear Mr. Mylott:
The Illinois Housing Development Authority (the "Authority") is the program
administrator of the Abandoned Residential Property Municipal Relief Program (the "Program"),
as that Program is authorized by Section 7.31 of the Illinois Housing Development Act, 20 ILCS
3805/1 et seq. (the "Act"), and the rules promulgated under the Act codified at 47 Ill. Adm. Code
381, as may be amended from time to time (the "Rules"), a copy of such Rules is attached to this
Letter as Exhibit A and made a part hereof. All capitalized terms used in this Letter and not
otherwise defined shall have the meanings established in the Act or the Rules.
City of Elgin, an Illinois unit of local government ("Recipient"), has applied to the
Authority for, and the Authority agrees to make funds available in the maximum amount of
Twenty-Six Thousand Nine Hundred Sixty-Two and 50/100 Dollars ($26,962.50) (the "Funds"),
to assist with the maintenance and demolition of Abandoned Residential Property (as defined in
the Rules) (the "Project") within the Recipient's area under the Program from funds appropriated
under Section 7.31 of the Act. The Funds shall be subject to the contingencies, terms and
conditions set forth in this Letter.
A. CONTINGENCIES: The Authority's performance of its obligations under this Letter,
dated as of the date set forth above, is contingent upon the following:
1. The Authority's obligations hereunder shall cease immediately, without penalty,
if: (a) the Illinois General Assembly fails to make an appropriation sufficient to
pay such obligations; (b) adequate funds are not appropriated or funded to the
Authority by the Illinois General Assembly to allow the Authority to fulfill its
obligations under this Letter; or (c) funds appropriated are de-appropriated or not
allocated, or if funds needed by the Authority, at the Authority's sole discretion,
are insufficient. The Authority shall give the Recipient notice of insufficient
funding as soon as practicable. The Recipient's obligation to perform shall cease
upon receipt of the notice.
2. The Authority's performance of its obligations under this Letter, dated as of the
date set forth above, is also contingent upon:
Financing the creation and preservation of affordable housing
a. Evidence satisfactory to the Authority that Recipient is able to comply
with its duties under the Act; and
b. Recipient's completion or satisfaction of each and all of the terms and
conditions listed in this Letter and any other terms and conditions imposed
by the Authority.
3. The Authority's performance under this Letter is also contingent upon (i) its
determination, in its sole discretion, on the Closing Date, as defined in Paragraph
C.2 hereof that the Recipient, its constituent or related entities, or other related
individuals, is not in default under the terms of any other loan or grant made by
the Authority under any Authority program, or has not been in default under the
terms of any other loan or grant made by the Authority under any Authority
program and failed to cure that default.
B. GENERAL CONDITIONS: This Letter and the Funds shall be subject to the terms and
conditions of the Act, the Rules, and the policies and procedures now or hereafter
adopted by the Authority pursuant to the Act, all as amended from time to time.
C. TERMS AND CONDITIONS OF THE FUNDS: The Funds shall be subject to the
following terms and conditions:
1. Funds Amount. The Funds shall be in an amount not to exceed Twenty-Six
Thousand Nine Hundred Sixty-Two and 50/100 Dollars ($26,962.50).
2. Closing Date. The closing of the Funds shall occur at such time as Recipient has
satisfied all of the requirements set forth in this Letter, as determined in the
Authority's sole discretion (the "Closing Date"). Unless otherwise agreed in
writing by the parties, the Closing Date shall be no later than July 28, 2014 (the
"Outside Closing Date"). If the closing of the Funds does not occur on or before
the Outside Closing Date, this Letter shall terminate and shall not be extended. No
undisbursed Funds shall be available after the earlier of(i) two (2) years after the
Closing Date and (ii) such other date as the Authority may determine.
3. Purpose of Funds. Recipient shall enter into a Funding Agreement (the "Funding
Agreement") with the Authority setting forth the terms and conditions governing
the disbursement and use of the Funds. The Funding Agreement shall contain
provisions including, but not limited to: (a) that the Recipient shall use the
proceeds of the Funds for Eligible Uses (as defined in the Rules); and (b)
recapture of the proceeds of the Funds in the event that the Recipient has not
performed its obligations under the Act and the Rules or if there exists a default
under the Funding Agreement.
4. Initial Disbursement Date. The initial disbursement of Funds is expected to be
on or after the Closing Date. The expected project completion date is
approximately two (2) years from the Closing Date.
2
5. Fund Documents. Prior to the Closing Date, Recipient shall deliver to the
Authority three (3) original copies of the Funding Agreement, executed in the
manner indicated therein, and such other documents as the Authority may
reasonably require, in its sole discretion (this Letter, the Funding Agreement, and
such other documents are collectively referred to in this Letter as the "Fund
Documents").
6. Other Showings. Not less than ten (10) business days prior to the Closing Date,
Recipient shall, at its sole cost and expense, deliver to the Authority the following
documents, in form and substance satisfactory to the Authority:
a. Resolution or ordinance of the Recipient, certified by the clerk or other
authorized municipal official acceptable to the Authority, within thirty (30)
days of the Closing Date, authorizing the Project and the execution of the
Funding Agreement and any other documents in connection with the Project;
b. Certificate of Incumbency of the Recipient indicating those officers and/or
officials who are authorized to execute and deliver the Funding Agreement and
any other documents in connection with the Project, with specimen signatures
of those officers and/or officials, certified by an authorized officer or official of
the Recipient, as of a date within thirty(30) days prior to the Closing Date;
c. A Taxpayer Identification Number Certification in the form attached hereto as
Exhibit B;
d. Drug-Free Workplace Certificate in form attached to this Letter as Exhibit C;
e. A budget and list of proposed properties with projected expenditures and
types of Eligible Uses for such properties in connection with the Program to
be submitted to the Authority for its approval; and
f. Any and all other documents and showings requested by the Authority or its
counsel, in their sole discretion.
7. Post-Closing Showings. After the Closing Date, Recipient shall, at its sole cost
and expense, deliver to the Authority the following documents, in form and
substance satisfactory to the Authority:
a. No later than August 15, 2014, evidence of funds expended in connection with
expenses for Eligible Uses incurred by the Recipient as of January 1, 2012
through the Closing Date to be submitted to the Authority for its approval;
b. Any and all other documents and showings requested by the Authority or its
counsel, in their sole discretion.
3
8. Assi ent. This Letter is not assignable by Recipient, in whole or in part,
without the prior written approval of the Authority, which may be withheld or
conditioned in the Authority's sole discretion.
9. Termination. If the closing of the Funds does not take place on or before the
Outside Closing Date, this Letter shall, at the Authority's election, immediately
terminate and be of no further force and effect.
10. No Personal Liability. No member, officer, agent or employee of the Authority or
their successors and assigns, shall be liable personally concerning any matters
arising out of or in relation to the undertakings or obligations set forth in this
Letter.
11. Indemnification of the Authority. Recipient agrees to defend and indemnify and
hold harmless the Authority from and against any and all damages, including, but
not limited to, any past, present or future claims, actions, causes of action, suits,
demands, liens, debts, judgments, losses, costs, liabilities and other expenses,
including, but not limited to, reasonable attorneys' fees, costs, disbursements, and
other expenses, that the Authority may incur or suffer by reason of or in
connection with the Project, including without limitation the execution of the
Fund Documents and the provision of the Funds. Recipient further agrees that the
Authority, if it so chooses, shall have the right to select its own counsel with
respect to any such claims. The obligations of Recipient under this Paragraph 10
shall survive the provision of the Funds.
12. Time for Acceptance. The terms and conditions of this Letter shall not become
effective unless Recipient accepts it by executing three (3) copies of this Letter in
the space provided below and returning all three (3) executed copies to Karri E.
Kartes, c/o the Illinois Housing Development Authority, 401 N. Michigan Ave.,
Suite 700, Chicago, Illinois 60611, within sufficient time so that she actually
receives them within ten (10) days after the date of this Letter. If not received
within ten (10) days this letter shall be void.
13. Publicity. The Authority reserves the right to publicize the issuance of this Letter
and the provision of the Funds. Recipient shall notify the Authority immediately
of any proposed formal publicity in connection with the Program that is arranged
or promoted by Recipient or any other party participating in the Program. Formal
publicity includes, but is not limited to, participation in news conferences and
media events. The Authority shall have the right to approve the dates of any
formal publicity events and the content of any media releases for such events.
Recipient shall prominently display the Authority's name and logo and a
statement that financing for the Program has been provided by the Authority on a
sign or other form of announcement. The use of the Authority's name in any
other signage, advertising or in any other manner is subject to the Authority's
prior written consent.
4
14. Survival of Obligations. Recipient's obligations as set forth in this Letter shall
survive the Closing Date and Recipient shall continue to cooperate with the
Authority and furnish any documents, exhibits or showings required. In the event
of a conflict between this Letter and the Funding Agreement, the Authority shall
determine which document shall control.
15. Notices. Any notice, demand, request or other communication which any party
may desire or may be required to give to any other party under this Letter shall be
given in writing, at the addresses set forth below, by any of the following means:
(a) personal service; (b) overnight courier; or (c) registered or certified United
States mail, postage prepaid, return receipt requested.
If to Recipient:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Marc C. Mylott, AICP, Director of Community
Development
If to Authority:
Illinois Housing Development Authority
401 North Michigan Avenue, Suite 700
Chicago, Illinois 60611
Attention: Legal Department
Such addresses may be changed by notice to the other party given in the same
manner as provided in this Letter. Any notice, demand, request or other
communication sent pursuant to subsection (a) shall be served and effective upon
such personal service. Any notice, demand, request or other communication sent
pursuant to subsection (b) shall be served and effective one (1) business day after
deposit with the overnight courier. Any notice, demand, request or other
communication sent pursuant to subsection (c) shall be served and effective three
(3)business days after proper deposit with the United States Postal Service.
16. Counterparts. This Letter may be executed in counterparts, and each counterpart
shall, for all purposes for which an original of this Letter must be produced or
exhibited, be the Letter, but all such counterparts shall constitute one and the
same instrument.
[REMAINDER OF PAGE INTENTIONALLY BLANK;SIGNATURE PAGE FOLLOWS]
5
Very truly yours,
ILLIN H USING DEVELOPMENT AUTHORITY
By: �
Ma y ey, Executive Di r for
2014
Approved to fo
By:
Maureen G. Ohle, Genera ounsel
Nandini Natarajan, Chief Financial Officer
Accepted by Recipient this
day of , 2014
CITY OF ELGIN,
an Illinois unit of local government
By:
Printed Name:
Its:
EXHIBITS
EXHIBIT A: PROGRAM RULES
EXHIBIT B: TAXPAYER IDENTIFICATION NUMBER CERTIFICATION
EXHIBIT C: DRUG FEE WORK PLACE CERTIFICATE
6
Very truly yours,
ILLINOIS HOUSING DEVELOPMENT AUTHORITY
By:
Mary R. Kenney, Executive Director
12014
Approved as to form:
By:
Maureen G. Ohle, General Counsel
By:
Nandini Natarajan, Chief Financial Officer
Accepted by Recipient this
,A I,, � —day of ll _, 2014
CITY OF ELGIN,
an Illinois u ' f local Zent
By
Printed Name: D id J. K ptain
Its: Ma Z�—
Attest: /w�
Printed ame: Kimberly Dewis
Its: City Clerk
EXHIBITS
EXHIBIT A: PROGRAM RULES
EXHIBIT B: TAXPAYER IDENTIFICATION NUMBER CERTIFICATION
EXHIBIT C: DRUG FEE WORK PLACE CERTIFICATE
6
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381
TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER 11: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 381
ABANDONED RESIDENTIAL PROPERTY MUNICIPALITY RELIEF PROGRAM
SUBPART A: GENERAL RULES
Section:
381.101 Authority
381.102 Purpose and Objectives
381.103 Definitions
381.104 Compliance with Federal and State Law
381.105 Forms and Procedures for the Program
381.106 Fees and Charges
381.107 Authority Administrative Expenses
381.108 Amendment
381.109 Severability
381.110 Gender and Number
381.111 Non-Discrimination
381.112 Titles and Captions
SUBPART B: GRANTS TO MUNICIPALITIES AND COUNTIES
Section:
381.201 Grants to Municipalities and Counties
381.202 Abandoned Residential Property
381.203 Eligible Uses of Grant Funds
381.204 Application Cycle
381.205 Application Requirements
381.206 Review of Applications
381.207 Grant Administration
381.208 Funding of Grants
381.209 Reporting Requirements
AUTHORITY: Authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS
3805/7.19] and Section 7.31(a) of the Illinois Housing Development Act [20 ILCS 3805/7.3 l(a)].
SOURCE: Adopted at 37 I11. Reg. 11327, effective July 3, 2013; amended at 38 Ill. Reg. 6678,
effective March 10, 2014.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.101
SUBPART A: GENERAL RULES
Section 381.101 Authority
The Illinois Housing Development Authority is the designated administrator for the Abandoned
Residential Property Municipality Relief Program in Illinois, which was established by Section
7.31 of the Illinois Housing Development Act [20 ILCS 3805/7.31].
IHDA 47 ILLINOIS ADMINISTRATNE CODE 381 381.102
Section 381.102 Purpose and Objectives
The purpose of the Program is to use moneys appropriated from the Abandoned Residential
Property Municipality Relief Fund, and any other funds appropriated for this purpose, to make
grants to municipalities and counties to assist with costs incurred by the municipality or county
for the securing and maintenance of Abandoned Residential Property as defined in Section
381.202. Under the Program, the Authority will make grants to the municipalities and counties
for Eligible Uses as set forth in Section 381.203.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.103
Section 381.103 Definitions
The following definitions apply to terms used in this Part:
"Abandoned Residential Property": Shall have the meaning set forth in Section
381.202
"Act": The Illinois Housing Development Act [20 ILCS 38051.
"Applicant": A municipality or county making an Application for a Grant.
"Application": An application to the Authority on the Authority's form for a
Grant completed by a prospective Applicant.
"Appropriation": The annual appropriation of funds, from the Abandoned
Residential Property Municipality Relief Fund to the Illinois Department of
Revenue for the Authority, by the Illinois General Assembly for the Program and
any other funds appropriated for this purpose.
"Attorney General": The Attorney General of the State of Illinois.
"Auditor General": The Auditor General of the State of Illinois.
"Authority": The Illinois Housing Development Authority.
"City": The City of Chicago.
"Collar Counties": The counties of DuPage, Kane, Lake, McHenry and Will in
Illinois.
"Commitment": A contract executed by the Authority and the Applicant under
which the Authority agrees to make a Grant to the Applicant. Each Commitment
shall contain a provision to the effect that the Authority shall not be obligated to
provide funds under the Commitment if the Authority has not received sufficient
funds from an Appropriation.
"Eligible Uses": Shall have the meaning set forth in Section 381.203.
"Fund": The Abandoned Residential Property Municipality Relief Fund created
in the State treasury for the collection of certain fees as set forth in Section 15-
1504.1 of the Illinois Code of Civil Procedure [735 ILCS 5/15-1504.1] paid by a
plaintiff at the time of a filing of a foreclosure complaint in connection with
residential real estate.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.103
"Grant": The portion of the Appropriation granted by the Authority to an
Applicant for Eligible Uses under the Program.
"Pests": Undesirable arthropods (including certain insects, spiders, mites, ticks
and related organisms), wood infesting organisms, rats, mice and other obnoxious
undesirable animals, but does not include a feral cat, a "companion animal" as that
term is defined in the Humane Care for Animals Act [510 ILCS 70], "animals" as
that term is defined in the Illinois Diseased Animals Act [510 ILCS 501, or
animals protected by the Wildlife Code [520 ILCS 5].
"Program": The Abandoned Residential Property Municipality Relief Program
authorized by Section 7.31 of the Act.
"Rehabilitation": The rehabilitation of an Abandoned Residential Property that is
strictly limited in scope to address exterior building safety concerns such as
repairing of the roof, windows, doors, masonry or walkway of an Abandoned
Residential Property.
"State": The State of Illinois.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.104
Section 381.104 Compliance with Federal and State Law
Notwithstanding anything in this Part to the contrary, this Part shall be construed in conformity
and compliance with applicable federal and State law.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.105
Section 381.105 Forms and Procedures for the Program
The Authority may prepare, use,prescribe, supplement and amend forms, agreements and other
documents and procedures as may be necessary to implement the Program.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.106
Section 381.106 Fees and Charges
The Authority may not charge an application fee for the Program.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.107
Section 381.107 Authority Administrative Expenses
Subject to approval of the Department of Revenue, the Authority shall be entitled to deduct from
each Appropriation, subject to the annual receipt of funds,prior to making any Grants, an
amount not to exceed 4% of each Appropriation for expenses associated with the administration
of the Program, including, without limitation, expenses for staff salaries and benefits for time
spent on design and administration of the Program; expenses incurred in performing outreach
activities and providing technical assistance to the Applicants; the use of the Authority's
equipment for Program purposes; the cost of office space and utilities incurred in connection
with the Program; and any other expenses incurred in the administration of the Program. The
Authority shall maintain a detailed accounting of its administrative expenses, using the generally
accepted accounting principles(GAAP) of the Financial Standards Board of the American
Institute of Certified Public Accountants as contained in the publication entitled AICPA
Professional Standards, 1211 Avenue of the Americas,New York NY 10036-8775 (June 2012,
no later editions are incorporated). These records shall be available to the public for review.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.108
Section 381.108 Amendment
This Part may be supplemented amended or repealed by the Authority from time to time and in a
manner consistent with the Illinois Administrative Procedure Act [5 ILCS 100], this Part,the
Act, and other applicable laws. This Part shall not constitute or create any contractual rights.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.109
Section 381.109 Severability
If any clause, sentence,paragraph, subsection, Section or Subpart of this Part is adjudged by any
court of competent jurisdiction to be invalid, that judgment shall not affect, impair or invalidate
the remainder of this Part, but shall be confined in its operation to the clause, sentence,
paragraph, subsection, Section or Subpart to which the judgment is rendered.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.110
Section 381.110 Gender and Number
All terms used in any one gender or number shall be construed to include any other gender or
number, as the context may require.
IHDA 47 ILLINOIS ADMINISTRATNE CODE 381 381.111
Section 381.111 Non-Discrimination
The Applicants shall comply with the applicable provisions of the Illinois Human Rights Act
[775 ILCS 5] and the regulations promulgated under that Act, the federal Fair Housing Act(42
USC 3601), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Illinois
Environmental Barriers Act [4 10 ILCS 25], the Illinois Accessibility Code(71 Ill. Adm. Code
400), and all other applicable State and federal law concerning discrimination and fair housing.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.112
Section 381.112 Titles and Captions
Titles and captions of Subparts, Sections and subsections are used for convenience and reference
and are not a part of the text.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.201
SUBPART B: GRANTS TO MUNICIPALITIES AND COUNTIES
Section 381.201 Grants to Municipalities and Counties
a) Distribution of Funds
Subject to the annual receipt of funds, the Authority shall first deduct the funds it
requires to meet its administrative expenses as described in Section 381.107. It
shall distribute the remainder of the funds among the 4 geographic set-asides as
described in section(b).
b) Geographic Set-Asides
1) After distributing the amount necessary for the purposes of subsection(a),
the Authority shall make Grants to municipalities and counties for use in
connection with Abandoned Residential Property. The Applicants shall be
divided into 4 geographic set-aside categories with the money divided as
follows:
A) 30% of the moneys in the Fund that have been appropriated,
subject to the annual receipt of funds, shall be used to make Grants
to municipalities in the County of Cook(other than the City) and to
the County of Cook.
B) 25% of the moneys in the Fund that have been appropriated,
subject to the annual receipt of funds, shall be used to make Grants
to the City of Chicago.
C) 30% of the moneys in the Fund that have been appropriated,
subject to the annual receipt of funds, shall be used to make Grants
to the municipalities in the Collar Counties and to the Collar
Counties.
D) 15% of the moneys in the Fund that have been appropriated,
subject to the annual receipt of funds, shall be used to make Grants
to municipalities in the State(other than the municipalities in the
County of Cook and the Collar Counties), and to the other counties
in the State (other than the County of Cook and the Collar
Counties).
2) When the jurisdiction of a municipality is included within more than one
of the geographic set-asides set forth in subsection(b)(1), the Authority
may elect to fully fund the Application from one of the relevant
geographic areas.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.201
3) Grants distributed to the municipalities and counties under subsection
(b)(1)(D)shall be based on areas of greatest need within these counties,
which shall be determined, to the extent practicable,proportionately on
the amount offees paid to the respective clerks of the courts within these
counties, and on any other factors that the Authority deems appropriate
[20 ILCS 3805/7.31(b)(4)]. The Authority will meet the statutory
requirement to provide funding to areas of greatest need within this 96-
county set-aside primarily through subsection(c)(1)(A) (Need). Instances
in which it is impracticable to base Grant awards proportionately on the
amount of fees paid to the respective clerks of the court include,but are
not limited to: when no application is received within the county; when no
application received in the county meets the minimum application
requirements; when funding is unavailable due to inadequate receipts; and
when the amount collected by a county is less than the cost to administer
the Grant. Additionally, proportionate share funding may be
impracticable when there are extraordinary circumstances warranting a
larger Grant amount than the fees that have been remitted by that county.
Extraordinary circumstances include such situation as: when an Applicant
demonstrates exemplary capacity, need and impact; when there has been a
natural disaster, a significant loss of employment, or other event
generating extreme need within a county; and as demonstrated in the
materials provided by the Applicant.
C) Application Ranking
1) The Authority will rank Applications against other Applications in the
same geographic set-aside category based on the criteria in subsections
(c)(1)(A)through(E):
A) Need
Applicants should clearly demonstrate need within the jurisdiction.
This demonstration may include,but is not limited to, the fees paid
to the clerks of the court in the county, along with historical
information on the financial burden that maintaining and
demolishing abandoned residential properties has imposed on the
Applicant. For the geographic set-aside referenced in subsection
(b)(1)(1)), and when the Treasurer provides regular and reliable
data to the Authority on receipts for each county, the Authority
will consider the amount remitted from the clerk of the court in the
Applicant's county, along with information provided by the
Applicant, to determine which Applications demonstrate the
greatest need for the Grant and therefore will receive the highest
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.201
score.
B) Capacity
Applicants should clearly demonstrate capacity to undertake the
proposed activities. This demonstration may include, without
limitation, evidence that the Applicant has administered similar
grant programs.
C) Impact
Applicants should clearly demonstrate that the Grant will have a
strong positive impact, whether upon the entire jurisdiction or an
identified portion of the jurisdiction.
D) Budget and Cost Reasonableness
Applicants should provide an estimated budget and demonstrate a
systematic, thorough and well-documented approach to ensuring
that costs are reasonable, including any costs associated with third
party vendors.
E) Readiness to Proceed
Applicants should clearly demonstrate a thorough, detailed and
reasonable work plan for the expeditious completion of proposed
reimbursable activities.
2) The Authority will equally weigh these criteria unless adjustment is
necessary to further program requirements or legislative findings. In the
event the Authority seeks to revise the weighting of these criteria, the
Authority will propose amendments to this Part.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.202
Section 381.202 Abandoned Residential Property
Abandoned Residential Property shall mean residential real estate that:
a) Either:
1) Is not occupied by any mortgagor or lawful occupant as a principal
residence; or
2) Contains an incomplete structure if the real estate is zoned for residential
development, when the structure is empty or otherwise uninhabited and is
in need of maintenance, repair or securing; and
b) With respect to which, either:
1) Two or more of the following conditions are shown to exist:
A) Construction was initiated on the property and was discontinued
prior to completion, leaving a building unsuitable for occupancy,
and no construction has taken place in 6 months;
B) Multiple windows on the property are boarded up, closed off or
smashed through, broken off or unhinged, or multiple window
panes are broken and unrepaired;
C) Doors on the property are smashed through, broken off, unhinged
or continuously unlocked;
D) The property has been stripped of copper or other materials, or
interior fixtures to the property have been removed;
E) Gas, electrical or water services to the entire property have been
terminated;
F) One or more written statements of the mortgagor or the
mortgagor's personal representative or assigns, including
documents of conveyance, indicate a clear intent to abandon the
property;
G) Law enforcement officials have received at least one report of
trespassing or vandalism or other illegal acts being committed at
the property in the last 6 months;
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.202
H) The property has been declared unfit for occupancy and ordered to
remain vacant and unoccupied under an order issued by a
municipal or county authority or a court of competent jurisdiction;
I) The local police, fire or code enforcement authority has requested
the owner or other interested or authorized party to secure or
winterize the property due to the local authority declaring the
property to be an imminent danger to the health, safety and welfare
of the public;
J) The property is open and unprotected and in reasonable danger of
significant damage due to exposure to the elements, vandalism or
freezing; or
K) Other evidence indicates a clear intent to abandon the property; or
2) The real estate is zoned for residential development and is a vacant lot that
is in need of maintenance, repair and securing.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.203
Section 381.203 Eligible Uses of Grant Funds
Eligible Uses of Grant Funds by Municipalities and Counties
Municipalities and counties shall use Grant funds in connection with Abandoned Residential
Property as follows:
a) cutting of neglected weeds or grass;
b) trimming of trees or bushes and removal of nuisance bushes and trees;
C) extermination of Pests or prevention of the ingress of Pests;
d) removal of garbage, debris and graffiti;
e) boarding up, closing off or locking windows or entrances or otherwise making the
interior of a building inaccessible to the general public;
f) surrounding part or all of an Abandoned Residential Property's underlying parcel
with a fence or wall or otherwise making part or all of the Abandoned Residential
Property's underlying parcel inaccessible to the general public;
g) demolition of Abandoned Residential Property;
h) rehabilitation of Abandoned Residential Property.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.204
Section 381.204 Application Cycle
The Authority will supply interested Applicants with an Application. Applications under the
Program will be accepted periodically until the Appropriation is disbursed.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.205
Section 381.205 Application Requirements
Each Application shall include the information required by this Section and any additional
information the Authority may require to promote the efficient administration of the Program.
a) Qualifications. Each Applicant shall document qualifications to complete the
Program activities. These qualifications shall without limitation include the
following:
1) The applicant is a county or municipality;
2) The Applicant has the experience or expertise to manage the activities
listed in Section 381.203 for which grant funds will be utilized;
3) The Applicant has demonstrated its capacity for effective fiscal
management. This is typically proven through a third-party audit; and
4) The Applicant is willing and able to abide by all program requirements.
b) Applicant's Capacity. Each Applicant shall document its capacity to administer
Program funds for Eligible Uses.
C) Activities to be Undertaken. Each Applicant shall list which Eligible Uses are to
be undertaken with Program funds, including, without limitation, those activities
outlined in Section 381.203.
d) Time for Expending. Each Applicant shall include a budget and timeline
schedule for performing the Eligible Uses of Program funds outlined in the
Application.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.206
Section 381.206 Review of Applications
a) Application Screening. The Authority will review all Applications to confirm that
all elements of the Application package have been addressed. Applicants will be
notified of deficiencies in Applications and will be given the opportunity to
correct non-material deficiencies. Non-material deficiencies are non-significant
deficiencies that,by their existence, do not impact the Applicant's ability to meet
the requirement of Section 381.205 and of this Section. Completed Applications
will be reviewed and evaluated by Authority staff in accordance with subsections
(b)through(e) of this Section.
b) Basic Eligibility Evaluation. Each Application will be reviewed to assure that the
Applicant is a municipality or county.
c) Willingness to Perform. The Applicant must commit to remain ready, willing and
able to expend Program funds for Eligible Uses in a timely manner.
d) Costs. The Applicant must demonstrate that the costs identified in the
Application are Eligible Uses under Section 381.203.
e) Capacity. The Applicant must demonstrate that the proposed activities identified
in the Application can be accomplished.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.207
Section 381.207 Grant Administration
a) Commitment. If awarded Grant funds, a municipality or county shall enter into a
Commitment with the Authority. The Grant may be less than the amount
requested in the Application. The term of Commitment shall not exceed 2 years,
subject to the availability of funds from an Appropriation.
b) Record Retention. Each municipality and county shall maintain records in
connection with the Grant under the Commitment for 5 years after the date of
termination of the Commitment.
C) Monitoring. The Authority, the Auditor General and the Attorney General shall
have the right to monitor all municipality and county books and records relating
to the Grant and the Program. Each municipality and county shall make all
records relating to its Grant and the Program available for inspection, examination
and copying by the Authority, the Auditor General and the Attorney General upon
reasonable prior notice, as the Authority, the Auditor General or the Attorney
General may reasonably require. The required documentation may include,but is
in no way limited to, a copy of the municipality's or county's Application to the
Authority; all records relating to the Eligible Uses of Grant funds under the
Program, as set forth in Section 381.203; and any other documentation required
by the Authority, the Auditor General and the Attorney General.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.208
Section 381.208 Funding of Grants
Subject to the terms of the Commitment with the Authority and the related documents
evidencing the grant, the Authority will provide funds to the awarded municipalities and counties
when the Appropriation is made available and as set forth in Sections 381.201 and 203.
IHDA 47 ILLINOIS ADMINISTRATIVE CODE 381 381.209
Section 381.209 Reporting Requirements
Each awarded municipality and county shall provide reports to the Authority, on forms provided
by the Authority, at the end of each quarter of the term of its Commitment. The municipality or
county shall identify, at a minimum, evidence and back-up documentation of expenses for
Eligible Uses, including, but not limited to, receipts, ledgers, invoices, before and after pictures,
addresses or geographic coordinates, number of abandoned residential properties served, and any
other information requested by the Authority.
EXHIBIT B
TAXPAYER IDENTIFICATION NUMBER CERTIFICATION
I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for
a number to be issued to me),and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)
I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me
that I am no longer subject to backup withholding,and
3. I am a U.S.person(including a U.S.resident alien).
Name(Printed): City of Elgin
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number 36-6005862
Legal Status(check one):
Individual X_Governmental
Sole Proprietorship Nonresident alien
Partnership/Legal Corporation Estate or Trust
Tax-exempt Pharmacy(non-corporate)
Corporation providing or billing medical Pharmacy/Funeral Home/
and/or health care services Cemetery(Corp.)
Corporation NOT providing or billing Limited Liability Company(select
medical and/or health care services applicable tax classification)
D=disregarded entity
C=corporation
P=partnership
Other:
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Recipient Signature Dat
BY MAJOR DAVID J.KAPTAIN
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EXHIBIT C
DRUG FREE WORK PLACE CERTIFICATE
STATE OF ILLINOIS
This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free
Workplace Act, effective January 1, 1992, requires that no grantee or contractor shall receive a
grant or be considered for the purposes of being awarded a contract for the procurement of any
property or services from the State unless that grantee or contractor has certified to the State that
the grantee or contractor will provide a drug free workplace. False certification or violation of
the certification may result in sanctions including, but not limited to, suspension of contract or
grant payments, termination of the contract or grant and debarment from contracting or grant
opportunities with the State for at least one(1) year but not more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership,
or other entity with twenty-five (25) or more employees at the time of the issuing of the grant, or
a department, division, or other unit thereof, directly responsible for the specific performance
under a contract or grant of$5,000 or more from the State.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance, including cannabis, is prohibited in the
grantee's or contractor's workplace;
(2) Specifying the actions that will be taken against employees for violations of such
prohibition; and
(3) Notifying the employees that, as a condition of employment on such contract or
grant, the employee will:
A. abide by the terms of the statement; and
B. notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five(5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
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(3) any available drug counseling, rehabilitation, and employee assistance programs;
and
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by paragraph (a) hereof to each employee
engaged in the performance of the contract or grant and posting the statement in a prominent
place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice
under subparagraph (3) of paragraph (a) hereof from an employee, or otherwise receiving actual
notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by, any employee who is so convicted, as required by
Section 5 of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling,
treatment, and rehabilitation is required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR
SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE
DESIGNATED ORGANIZATION.
CITY OF ELGIN
an Illinois unit local go ent
By:
Name: Davi J. Kapta
Title: Mayor
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