City Council
Regular MeetingDeKalb, IL · December 2, 2021
Minutes
MINUTES
CITY OF DEKALB
SPECIAL MEETING
DECEMBER 2, 2021
The City Council of DeKalb, Illinois held a Special meeting on December 2, 2021, in the Yusunas
Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois.
A. CALL TO ORDER AND ROLL CALL
Mayor Barnes called the meeting to order at 5:00 p.m.
Executive Assistant Ruth Scott called the roll and the following members of City Council were
present: Alderman Carolyn Morris, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg
Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor
Cohen Barnes.
Others in attendance included City Manager Bill Nicklas.
B. PLEDGE OF ALLEGIANCE
Mayor Barnes asked Alderman Perkins to lead the Pledge of Allegiance.
C. APPROVAL OF THE AGENDA
MOTION: Alderman Perkins moved to approve the agenda; seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
D. PUBLIC PARTICIPATION
Ryan (last name withheld by request) spoke briefly regarding the proposed resolution, stating
residents living in the properties should have more input. He then reiterated his allegation of
intimidation and discrimination by the City of DeKalb, DeKalb County, and other local entities, as
well as various staff, as it pertains to an incident he claims occurred at Northwestern Medicine
Kishwaukee Hospital involving his mother.
Mark Charvat provided his opinion and concern regarding the proposed resolution, first by asking
what the removal of $1,000,000 from the City’s reserves will do to its bond rating. He then stated
there was barely any public notice regarding this item and wondered why it couldn’t have waited
until the next Regular City Council meeting. He also stated he feels this move is fiscally
irresponsible. Continuing, Mr. Charvat stated the money should instead be used for fire and police
services, as well as the repair of potholes in various subdivisions, including his own.
Mr. Charvat then spoke about Special Service Area (SSA) #3, stating that only half the money
collected from the SSA, of which he lives in, is being expended for the area, while the other half
is being spent on City expenditures.
Robert Carlson stated he was a real estate appraiser for 42 years until his retirement two years
ago. He now owns 302 apartment units and an office building with 13 units. He then provided a
brief history of Greek Row, stating dramatic changes have taken place in the area over the years.
Based on his years of experience, something prudent needs to be done. He then stated that in
his opinion, bringing in this investor and accepting this proposal would be a prudent decision by
City Council.
Regular Meeting Minutes
November 22, 2021
Page 2 of 6
E. RESOLUTIONS
1. Resolution 2021-103 Approving a Development Agreement Between the City of DeKalb and
Clear Investment Group, LLC.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman McAdams.
City Manager Nicklas began by introducing Amy Rubenstein, owner of Clear Investment Group,
and principal in Windy City RE, LLC, who joined the meeting virtually via Zoom.
City Manager Nicklas then provided an overview of this item based on the information provided
in the agenda packet, stating this meeting was called because there’s an incentive being
proposed to assist Clear Investment Group, a Chicago based real estate firm specializing in the
acquisition, renovation, and maintenance of larger, affordable apartment buildings, to purchase a
number of Hunter properties, including Hunter Ridgebrook, with 184 units, Hunter Tri-Frat, with
40 units, and Lincoln Tower, with 66 units, as well as several smaller Hunter properties within the
city, for a total of 403 units. The total investment that Clear Investment intends to make in Hunter
Ridgebrook would be a little over $13,000,000, of which $3,000,00 will be dedicated toward
renovation and upgrades. If approved, the development agreement would extend $1,000,000
from the City’s general revenues to assist in the acquisition and renovation of Hunter Ridgebrook.
City Manager Nicklas added that Hunter Ridgebrook is three different stand-alone buildings,
located at 808 Ridge Drive, 832 Ridge Drive, and 835 Edgebrook Drive, which account for a
disproportionately high percentage of police and fire calls every month since their purchase.
In exchange for this financial incentive, Clear Investment Group will provide a number of security
measures that have not been present on these properties in many years. Further, a no trespass
agreement would also be executed, which serves and supports the security measured being
proposed.
The incentive would come from the general fund reserve, which is within Council’s purview to do.
The City’s reserve policy for the general fund, which requires a reserve of 25% of the value of the
proposed expenditures for any given fiscal year. At the end of the 2021 fiscal year, it is projected
that the City will have $16,611,650, or 44.79% of its proposed expenditures. Spending $1,000,000
would leave $15,611,650, or 42% of the City’s estimated FY2021 expenditures.
Continuing, City Manager Nicklas referenced Special Service Area (SSA) #30, which was
established in 2020. This SSA can be used by the proposed developer for external repairs such
as parking lot and grounds maintenance, the installation and maintenance of exterior cameras,
etc. He added that the City has never been in a position to expect collaboration from the current
owner of Hunter Properties as to the best use of that in helping with its external upgrades.
City Manager Nicklas then referenced documents provided to Council for review, which included
some background information on Ms. Rubeinstein, as well as information on the history of Hunter
Properties that includes when each of the three buildings were purchased (2016 and 2019),
Hunter’s investment in these properties, the most recent EAV, and then the purchase price for
each building Hunter was asking for towards the end of 2019. Other documents included
information regarding crime statistics at each of the properties in question and shows the
increased spike in crime since the Hunter Properties purchase, and another provided a
breakdown of the number of times the police department has been dispatched to Lincoln Towers,
Hunter Ridgebrook and Hunter Tri-Frat from January 1, 2019, through today’s date, which totaled
9,929. The next document referenced provided information regarding citations issued to Hunter
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November 22, 2021
Page 3 of 6
Properties during the months of July, August, and September of 2021 – at a total of 196. City
Manager Nicklas noted these citations were issued even after the agreed upon settlement
provided the City the option to purchase the Hunter Hillcrest property. The City exercised that
option and purchased Hunter Hillcrest in October of this year in the amount of $1,185,000.
City Manager Nicklas continued, stating there have been numerous fire calls due to arson at these
properties. He further stated that the Fire Department also responds if an injury is reported. He
also noted that there have been six murders in and around these three properties since January
1, 2019, and another murder that was tied back to the area by investigation. City Manager Nicklas
then provided a cost estimate for police and fire response time at the properties in question, as
well as the time it takes for investigations, etc. Hunter Ridgebrook is located in one of three zones
the Police Department divides the town into. In just the last two years, a zone 1 west and a zone
1 east has had to be created because of Hunter Properties
In conclusion, City Manager Nicklas stated that as Chief Operating Officer, he cannot recommend
walking away from this proposal. This is an opportunity to solve some of our local problems and
he believes that Ms. Rubenstein intends to make things better for those residents who want to
live a normal life in a home that’s safe, clean, and well managed.
Ms. Rubenstein then spoke, stating her company wouldn’t be able to do what needs to get done
at these properties without the City’s assistance. She stated they are trying to create a safe and
clean home for people to live in and there’s a lot to be done. There will need to be cooperation
from the tenants that live there, as well as the community. She further stated they’re not looking
to displace anyone who lives there at this time, but there will be rules that need to be followed,
such as the payment of rent and maintaining a clean and safe space. Those who would be
displaced are those who don’t want to follow the rules.
At this point in the meeting, Mayor Barnes opened discussion for City Council.
Noting her excitement, Alderman Morris stated she had questions and concerns initially, some
concerning SSA #30. She further stated that she had some other ideas of what could be added
to proposal, however because this is primarily a private purchase, with the City being a very small
portion, she didn’t think it was reasonable to ask for additional things. She concluded her
comments stating she looks forward to supporting this item.
Ms. Rubenstein replied that she wants what’s best for the community and she would be open
further ideas and suggestions later on.
Alderman Verbic thanked Ms. Rubenstein for helping to support the community. Noting that
Lincoln Tower was originally constructed for student housing with minimal parking, he asked what
would be done about the insufficient parking, adding that nearby businesses face challenges due
to residents and visitors of Lincoln Tower parking in their lots. Ms. Rubenstein replied that during
one of her visits to Lincoln Tower she didn’t see an issue with parking other than it was full of
garbage. She added that tenants of the building will be assigned a certain number of parking
spaces.
Alderman Verbic then asked if business owners would be referred to Ms. Rubenstein to remediate
issues rather than having to confront someone who’s parking where they shouldn’t be. Ms.
Rubenstein replied there’s little they can do if someone they don’t know is parking in a business
parking lot. However, they would make sure they’re properly screening how many people are
living in a unit, noting she thinks it’s about setting the right expectations up front.
Alderman McAdams stated that, like so many others in the community, he’s tired of being against
things and wants to look forward to being for something. The negativity around the Hunter
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November 22, 2021
Page 4 of 6
Ridgebrook issue has been emotionally draining and addicting and all its done is hinder our ability
to improve our situation. The return on the investment in economic development will be
exponential in terms of quality of life, the ability to attract additional outside investments, and
sustaining a new reputation as a powerful piece of the region. He’s inspired when he sees that
previous investments have brought forth more diverse investments to help keep housing
affordable in DeKalb. He hopes to one day be able to point at this day as the day DeKalb changed
and say the era of Annie Glidden North is over. He’s glad to vote yes for a bright future so that
things work out for the heightened good of everyone.
Referencing City Manager Nicklas’ comments regarding the crime history, Alderman Smith stated
that years ago the police department provided security at Hunter Ridgebrook when there was a
crime spike and the crime diminished drastically. If the Police Department is involved as proposed,
the need for service will be reduced. For example, the average number of man hours of a single
homicide is over 500. Removing those hours spent in these situations will amount to money saved
for the City. If anyone thinks these numbers will decline in 2022 without action, they are mistaken
because the numbers are going to increase without action. Alderman Smith added that the Fire
Department has spent numerous hours on the properties fighting arson fires. If we were to ask
our public service agencies to come up with a dollar figure, it would exceed $1,000,000 in a
heartbeat.
Continuing, Alderman Smith stated he’s received phone calls from residents who live on the
property, and they are concerned. They want a better place to live, and that’s what they deserve.
He believes it’s time to put this problem behind us and let Ms. Rubenstein and her company take
hold and move forward.
From a standpoint of the referenced graph regarding crime, Alderman Verbic asked if we’re sure
we won’t be moving the same challenges to another location. In other words, it’s a combination
of factors that lead to this, including the condition of the properties. These residents need a place
to call home. To Alderman Smith’s point of improving crime statistics, we absolutely want to do
that but he’s not sure this purchase will help solve those issues alone. We’ve got a lot more that
goes into that beyond just this consideration.
City Manager Nicklas replied to Alderman Verbic, stating that he and Mayor Barnes met with
some of the owners and managers of rental property in DeKalb just this morning and that very
concern was brought up with questions on how it would be addressed. He stated this has never
been just a City issue, it’s been a community issue and the people they met with this morning
have been relied on for many years to be a bulwark against the kind of things we’ve seen in this
current ownership of the properties in question because they are operating with the same ethic
and quid pro quo. The answer remains the same, it’s about the professionalism of the
management firm and DeKalb has those and this proposal would bring in another. We’ve seen
what’s happened when a transformation has occurred with good management, Gideon Court
Apartments being a prime example. There were a lot of police calls and activity there 10 to 15
years ago, but then the building was renovated, cleaned up, security and technology added with
live feeds to the Police Department. University Village is another example. It sat in disrepair five
years ago but is now transformed.
Alderman Verbic stated that in fairness this crime data doesn’t necessarily reflect on the resident’s
behavior because there’s a lot of non-resident bad behavior as well.
Police Chief Byrd stated the numbers don’t show what the actual owners of those apartments are
doing but it does breed a transient crime problem because of the lack of security, lighting, and
surveillance. He noted there are some great residents who reside in these apartments and areas
but then there are criminal elements coming from outside of DeKalb that feed on this type of venue
because they know they can hide in the shadows, which isn’t safe for our police officers. A change
Regular Meeting Minutes
November 22, 2021
Page 5 of 6
in management is one of the most important things that can happen to this property because it
will bring in controlled structure and accountability and it’s important to have a management
company that will work with the Police Department. Just recently the U.S. Marshalls were here
looking for a subject wanted for murder at one of these addresses. There is a clear and present
danger to the city of DeKalb because of those who think they can hide in the shadows here. We
have to start addressing the issue and he thinks this is a great step.
Alderman Perkins asked what protections will be in place for the rents of the residents to ensure
market base rent is still charged and continues to be charged for a period of time. Ms. Rubenstein
replied there are no plans to increase the rents of existing tenants. Their philosophy is to come in
and improve the quality of a building. She noted there are currently a number of empty units that
will be rented at market value, however, that’s perhaps only a $100 more than what current
tenants are paying. She hopes that all current tenants will want to stay, pay their rent, and
cooperate with the plan. Ms. Rubenstein added that the way some of the buildings are being run
at this time is bringing in a criminal element that doesn’t pay rent. Once we established those who
want to stay and live in the same community with their vision won’t find it cost prohibitive to stay.
Discussion ensued between Alderman Perkins and Ms. Rubenstein regarding the market-based
rent index. Ms. Rubenstein stated that most tenants aren’t paying rent now for a variety of
reasons, including no security, no access to laundry rooms, not enough lighting, the lack of trash
pickup. The properties are begging for crime right now and that needs to be turned around. They
plan to sit with each tenant to explain the plan. She thinks often times when status quo is
accepted, it breeds negativity off of itself. When people see that no one is taking pride in the
community then they won’t either.
Alderman Perkins asked if rental voucher holders, also known as Section 8, would be
accomodated. Before responding to that question, Ms. Rubenstein responded to a question posed
earlier in the meeting about why this proposal is moving so fast, stating it has everything to do
with negotiations between the seller and the buyer, with no time to spare between regular
meetings of Council. The City is an independent party and not trying to pull a fast one or sweep
anything under the rug. Ms. Rubenstein then stated that they always accept Section 8 in their
buildings, with those individuals being treated the same as any other tenants.
Alderman Perkins stated that all sounds like sound business, but there are some landlords in town
that don’t accept Section 8. In this case when the City is handing over $1,000,000, he’d like some
assurance that that’s still going to be a practice and it’s going to resonate. Ms. Rubenstein stated
they are happy to have Section 8 tenants and will cooperate with them.
Brief discussion ensued regarding Section 8, with Alderman Morris asking if they are legally
obligated to take Section 8 if you have a certain number of properties. It was determined there
isn’t an obligation by statute to have a certain percentage.
Glen Roby spoke to a couple of things that were brought up that he’d like to clarify. With respect
to Alderman Verbic’s concern about displacement, it’s his understanding that the properties in
question aren’t fully occupied, of which Ms. Rubenstein confirmed. Mr. Roby added that there are
tenants who will be asked to leave because they’re not meeting certain basic requirements.
Mr. Roby continued, stating that this item is moving forward because of the deadline the seller
has put on the buyer and in his opinion, anything that can be done to improve the quality of life in
DeKalb makes sense and we can afford to do it. He then addressed the topic of Section 8, stating
there’s only a certain number of vouchers that the county of DeKalb receives.
Alderman Larson expressed her support of this item and applauded everyone involved for working
on a creative way to use civic dollars to make DeKalb better.
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November 22, 2021
Page 6 of 6
Alderman Perkins asked for further clarification about where the money will be spent and if the
focus will be on the Hunter Ridgebrook area. He also asked if there’s a possibility that further
financial assistance would be made available for the other properties. City Manager Nicklas
replied that we chose the focus for the legitimate reasons discussed during this meeting and Ms.
Rubenstein agreed that it is a worthy target for the City’s assistance. As to further assistance, City
Manager Nicklas stated that this is the package offered and no other monies are involved.
Alderman Perkins asked about the linkage between Hunter Ridgebrook and Lincoln Towers, with
Mayor Barnes clarifying that Alderman Perkin’s worry is that only Hunter Ridgbrook would be
purchased and not the other properties as discussed. Ms. Rubenstein replied they are under
contract right now for all 403 units, adding she wouldn’t make the purchase if it was less because
she wouldn’t be able to operate it properly. Further, they’re bringing in relatively proportional and
equal funds to Lincoln Towner, Hunter Tri-Frat, etc. to ensure the creation of a safe environment.
Alderman Faivre stated the City has been working to make improvements to the Annie Glidden
North area over the last several years, which is evident by the demolition of the former cinema
and 912 Edgebrook, as well as the purchase of the Hunter Hillcrest property. All of that has come
at a cost and it takes a lot of time for the City to enact these changes. This investment will allow
a new owner to come in and make changes in less time than if the City had to do it on its own. In
closing, Alderman Faivre thanked everyone involved for all the work and negotiations it took to
bring DeKalb this opportunity.
Mayor Barnes stated he agrees with everything Council has commented on. He further stated
that that in 2020 he went on a police ride along and went into some of the Hunter Ridgebrook
buildings, noting he saw people being forced to live in appalling conditions that no one should be
living in; it was a solidifying moment for him. This decision will not only impact the residents living
in these properties, but also surrounding areas. Mayor Barnes added he’s excited for this
opportunity and thanked Ms. Rubenstein for their time her team has given us regarding this issue.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
Mayor Barnes told Ms. Rubenstein stated he looks forward to working with her and her team, and
he especially looks forward to the transformation with a high level of confidence.
F. ADJOURNMENT
MOTION: Alderman Verbic moved to adjourn the meeting; seconded by Alderman Smith.
VOTE: Motion carried by a unanimous voice vote of the Council members present. Aye: Morris,
Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared
the motion passed and adjourned the meeting at 6:15 p.m.
Respectfully submitted,
_____________________________________________
Ruth A. Scott, Executive Assistant/Recording Secretary
Minutes approved by the City Council on December 13, 2021.
Click here to view the agenda packet for the December 2, 2021, Special City Council meeting.
Click here to view the video recording of the December 2, 2021, Special City Council meeting.
Agenda
DEKALB CITY COUNCIL AGENDA
SPECIAL MEETING
DECEMBER 2, 2021
5:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, Illinois 60115
COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this
meeting in-person with a physically present quorum that is open to the public and in
compliance with all applicable public health requirements. Pursuant to Governor Pritzker’s
Executive Orders 21-22 and 21-30, all persons attending this meeting who are age two or
over and able to medically tolerate a face covering (a mask or cloth face covering) shall be
required to wear protective face masks/coverings.
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PUBLIC PARTICIPATION
E. RESOLUTIONS
1. Resolution 2021-103 Approving a Development Agreement Between the City of
DeKalb and Clear Investment Group, LLC.
F. ADJOURNMENT
Notice of a Special Meeting of the City Council of the City of DeKalb for December 2, 2021, at
5:00 p.m. called pursuant to Chapter 2 "City Council", Section 2.05 "Special Meetings", of the
Municipal Code of the City of DeKalb, Illinois.
RUTH A. SCOTT, Executive Assistant
Assistive services, including hearing assistance devices, available upon request.
DEKALB CITY COUNCIL AGENDA
SPECIAL MEETING
DECEMBER 2, 2021
5:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, Illinois 60115
COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this
meeting in-person with a physically present quorum that is open to the public and in
compliance with all applicable public health requirements. Pursuant to Governor Pritzker’s
Executive Orders 21-22 and 21-30, all persons attending this meeting who are age two or
over and able to medically tolerate a face covering (a mask or cloth face covering) shall be
required to wear protective face masks/coverings.
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PUBLIC PARTICIPATION
E. RESOLUTIONS
1. Resolution 2021-103 Approving a Development Agreement Between the City of
DeKalb and Clear Investment Group, LLC.
City Manager’s Summary: The attached resolution extends an incentive to Clear
Investment Group, LLC, a Chicago-based real estate firm that specializes in the
acquisition, renovation and maintenance of larger, affordable apartment buildings that
can be successfully remodeled and maintained under strong management. The firm
is presently in negotiation with Hunter Properties to purchase Hunter Ridgebrook
Properties (184 units), Hunter Tri-Frat, LLC, (40 units); and Lincoln Tower (66 units),
as well as several smaller Hunter properties within the City of DeKalb to renovate and
hold them as safe and clean rental properties. The sole owner is Amy Rubenstein,
who is also a principal in Windy City RE, LLC. In all, Clear Investment Group will invest
about $22,500,000 to acquire 403 units from Hunter Properties. The total investment
in Hunter Ridgebrook will be over $13,000,000 of which $3,000,000 will be dedicated
toward renovation and upgrades.
If approved, the attached agreement would extend $1 million from the City’s general
revenues to assist in the acquisition and renovation of Hunter Ridgebrook (the
“Property”) with the common addresses of 808 Ridge Drive, 832 Ridge Drive, and 835
Edgebrook Drive. This three-building complex has a present total of 184 residential
apartment units in three buildings with parking lots and surrounding yard areas. The
buildings account for a disproportionately high percentage of Police and Fire
Assistive services, including hearing assistance devices, available upon request.
Special Meeting Agenda
December 2, 2021
Page 2 of 3
responses every month and have accounted for over a thousand property
maintenance code infractions in the past three years.
In exchange for this financial incentive, Clear Investment Group, LLC shall:
a) Acquire title to the Property within three (3) months of the approval of the
Agreement;
b) Complete the renovation of the Property within twelve (12) months of the date of
the issuance of the first building permit requested by Clear Investment Group;
c) Agree to own, maintain, and operate the Property for a minimum of three (3) years;
d) Protect the safety of its tenants and guests on the Property with a variety of security
measures including the following:
The installation of security camera systems for the exterior and common areas
of the property, including commonly accessible entrances and exits, parking lots
and hallways;
The maintenance of such cameras by a reputable vendor and installer of security
camera systems;
The maintenance of video footage from the security cameras in a secure, remote
location accessible only by the designated Property Manager or the ownership
group;
Twenty-four hour access by the DeKalb Police Department to the live feed from
the security cameras;
Periodic management walk-throughs of the Property’s common areas;
Private security personnel as may be reasonably necessary in the Developer’s
sole discretion;
The installation and maintenance of “Knox Box” entry systems at strategic
locations for use by the City’s emergency responders;
Annual inspections of the common areas by the City’s Police, Fire and Building
and Code Department personnel for the purpose of confirming compliance with
applicable City codes; and
A No-Trespass Agreement that allows the Police Department to issue verbal or
written “no trespass” warnings to any person unlawfully on the Property,
including open spaces, common hallways, gathering areas, or other common
areas. The Developer shall provide identification information for tenants and
guests who are entitled to the enjoyment of the premises.
Clear Investment Group shall also indemnify and hold harmless the City and its officers
and employees from any claims or costs arising out of the good faith exercise of the
duties described in this Agreement.
Special Meeting Agenda
December 2, 2021
Page 3 of 3
The Incentive
Within 10 business days of the approval of the effective date of the Agreement, the
City shall pay the Developer $1,000,000 to be used for the acquisition and
redevelopment of the Property. The City shall deposit the incentive funds in an escrow
account held by a third-party mutually agreed by the parties until the real estate
closing. These funds will be transferred from the City’s General Fund reserve, which
is projected to be $16,611,650 at the end of 2021. If the incentive is transferred to the
Developer, the estimated fiscal year-end General Fund reserve of $15,611,650 would
constitute 42% of the City’s estimated FY2021 expenditures. The restricted General
Fund reserve for FY21 is 25% by City policy.
Special Service Area #30
Under the terms of the proposed Agreement, funds that have accumulated in Special
Service Area #30 that was created in 2020 can be used by the Developer for the
purposes outlined in the SSA. These repairs and improvements include parking lot
maintenance, grounds maintenance, the installation and maintenance of exterior
cameras, creation of a pocket park, etc.
Recommendation
On August 12, 2019, after a series of arson fires at Hunter Ridgebrook, the DeKalb
City Council considered a staff report on the pattern of landlord neglect and cynical
indifference to tenant health and safety at the Property. The staff report identified the
sharp relative and absolute increase in Police calls to the Property after its acquisition
by Hunter Properties, as well as a similar ramping of code enforcement violations.
Since 2019, the extraordinarily high level of City involvement has continued, but the
City was able to gain a court-ordered settlement agreement in the fall of 2020 that
gave rise to the pursuit of a special service area (SSA #30). As a result of the further
prosecution of continuing code violations and criminal activity at Hunter Ridgebrook,
an additional settlement agreement was reached in May 2021 that created the
opportunity for the City to exercise an option to purchase any or all of the following
Hunter properties: Lincoln Tower, Hunter Ridgebrook, Hunter Hillcrest and Hunter Tri-
Frat. This settlement led to the City’s purchase of Hunter Hillcrest on October 18, 2021
for $1,185,000.
Notwithstanding these hard-fought legal challenges and limited successes over 2-1/2
years, the City does not have the financial means to acquire the remaining Hunter
holdings to create circumstances that would lead to the successful renovation of those
holdings. Substantial private equity is needed. There is now an opportunity to partner
with a private development firm with a proven track record that can establish the safe
and clean living spaces that the Council, City departments, and AGN neighborhood
groups and residents have been struggling to create.
City Council approval is recommended.
F. ADJOURNMENT
Assistive services, including hearing assistance devices, available upon request.
RESOLUTION 2021-103 PASSED: _____________________
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DEKALB, ILLINOIS AND CLEAR INVESTMENT GROUP, LLC.
WHEREAS, the City of DeKalb (the “City”) is a home rule unit of local government and may
exercise any power and perform any function pertaining to its government and affairs pursuant to
Article VII, Section 6, of the Illinois Constitution of 1970; and
WHEREAS, the City is authorized to contract with individuals in any manner not prohibited by law
pursuant to Article VII, Section 10 of the Illinois Constitution of 1970; and
WHEREAS, Clear Investment Group, LLC (the “Developer”) is the contingent contract purchaser
of property that is located at the common addresses of 808 Ridge Drive, 832 Ridge Drive, and
835 Edgebrook Drive, DeKalb, IL 60115 (the “Property”); and
WHEREAS, the Property has been in a state of distress, disrepair, underutilization, obsolescence,
and non-conformity with minimum standards for health and safety under the City’s Municipal Code
(the “Code”) for several years; and
WHEREAS, Developer intends to acquire, improve, renovate, and maintain the Property in
conformity with the Code for use as desirable residential apartments at a total estimated cost of
approximately $13,000,000.00 (the “Project”); and
WHEREAS, Developer has requested $1,000,000.00 in economic incentives from the City to
complete the Project (the “Incentive”); and
WHEREAS, Developer represents that it has the requisite skill, expertise, and financing to
complete the Project, that the Project will likely result in increased property tax revenues for the
City, and that the Project would not be completed but for the Incentive; and
WHEREAS, Developer and City negotiated a development agreement for the Property in the
same or substantially similar form as Exhibit A attached hereto and incorporated herein by
reference (the “Development Agreement”); and
WHEREAS, the City’s corporate authorities find that it is in the City’s best interests for the
promotion of the public health, morals and welfare to approve the Development Agreement in
accordance with the provisions of this Resolution; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEKALB,
ILLINOIS:
SECTION 1: The recitals to this Resolution are true, correct, material, adopted, and incorporated
herein by reference as if fully set forth as Section 1 to this Resolution.
SECTION 2: The City’s corporate authorities approve and authorize: (1) the Development
Agreement in the same or substantially similar form as Exhibit A attached hereto and incorporated
herein; (2) the expenditure of the Incentive from the City’s General Fund reserve pursuant to the
terms of the Development Agreement; (3) the Mayor’s execution of the Development Agreement
on the City’s behalf; (4) the Executive Assistant’s attestation of the Development Agreement; and
(5) the City Manager’s performance of all acts necessary to effectuate the Development
Agreement including, but not limited to, entering into an escrow agreement for the Incentive.
SECTION 3: This resolution and each of its terms shall be the effective legislative act of a home
Resolution 2021-103
rule municipality without regard to whether such resolution should (a) contain terms contrary to
the provision of current or subsequent non-preemptive state law, or (b) legislate in a manner or
regarding a matter not delegated to municipalities by state law. It is the intent of the City’s
corporate authorities that to the extent that the terms of this resolution should be inconsistent
with any non-preemptive state law, that this resolution shall supersede state law in that regard
within its jurisdiction.
SECTION 4: This resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois, at a Regular meeting thereof
held on the 2nd day of December 2021 and approved by me as Mayor on the same day by an
_______________ roll call vote as follows:
Morris: __________
Larson: __________
Smith: __________
Perkins: __________
McAdams: __________
Verbic: __________
Faivre: __________
Barnes: __________
COHEN BARNES, Mayor
ATTEST:
_______________________________
Ruth A. Scott, Executive Assistant
Resolution 2021-103
EXHIBIT A
(Development Agreement with Clear Investment Group, LLC)
REDEVELOPMENT AGREEMENT
(808 Ridge Dr., 832 Ridge Dr., and 835 Edgebrook)
This Redevelopment Agreement (the “Agreement”) is made and entered into this
December 2, 2021 (the “Effective Date”), by and between the City of DeKalb, an Illinois
municipal corporation (the “City”) and Clear Investment Group, LLC, an Illinois limited
liability company (the “Developer”), who are collectively referred to as the Parties.
RECITALS:
WHEREAS, the City is a home rule unit of local government and may exercise any
power and perform any function pertaining to its government and affairs pursuant to
Article VII, Section 6, of the Illinois Constitution of 1970; and
WHEREAS, the City is authorized to contract or otherwise associate with
individuals in any manner not prohibited by law pursuant to Article VII, Section 10 of the
Illinois Constitution of 1970; and
WHEREAS, Developer is the contingent contract purchaser of property that is
located in the City and legally described in Exhibit A attached hereto and incorporated
herein by reference (the “Property”); and
WHEREAS, the Property consists of three (3) three-story buildings with a total of
approximately 185 residential apartment units, a parking lot, and green space; and
WHEREAS, the Property has been in a state of distress, disrepair, underutilization,
obsolescence, non-conformity with the City’s minimum standards for health and safety
under the City’s Municipal Code (the “Code”), and other blighted conditions for several
years due to the existing ownership and management of the Property; and
WHEREAS, Developer intends to acquire and manage the Property by repairing,
rehabilitating, renovating, and maintaining the Property to conform to Code, beautify the
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Property, and operate the Property for use as desirable residential apartments at a total
estimated cost of $13,000,000.00 (the “Project”); and
WHEREAS, Developer has requested $1,000,000.00 in economic incentives from
the City for the Project (the “Incentive”); and
WHEREAS, Developer represents that the Project would not be completed but for
the Incentive, but that Developer otherwise has sufficient financing, expertise, and skill to
complete the Project in accordance with this Agreement; and
WHEREAS, Developer acknowledges that it is not entitled to the Incentive and that
the Incentive constitutes valuable consideration for the Parties’ promises herein; and
WHEREAS, the Parties negotiated and voluntarily entered into this Agreement for
the purpose of enabling the redevelopment of the Property consistent with this
Agreement; and
WHEREAS, the Parties are legally authorized to enter into this Agreement and to
perform all of their respective promises set forth herein; and
WHEREAS, the City’s corporate authorities considered this Agreement and
determined that the best interests of the City’s health, safety, and welfare including, but
not limited to, the sustainable economic growth and development of the City and
enhanced equalized assessed valuation of the Property, will be served by this Agreement.
NOW, THEREFORE, in consideration of the promises, undertakings and
covenants hereinafter set forth, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby mutually acknowledged by the Parties hereto, the
Parties agree as follows:
1.0 Recitals: The foregoing recitals are true, correct, material, adopted, and
incorporated by reference into this Agreement as if fully set forth in this paragraph.
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2.0 Development of the Property: Subject to force majeure as defined in
Section 8.5(c) of this Agreement, Developer shall commence and complete the Project
with reasonable professional skill and in substantial accordance with this Agreement
within twelve (12) months of the date of the issuance of the first building or construction
permit requested by Developer in connection with the Project; provided, however, that
Developer shall first acquire, subject to the terms and conditions of Developer’s contract
to purchase the Property, title to the Property within three (3) months of this Agreement.
The re-development of the Property shall substantially conform to the plans approved by
City staff and comply with the Code and all other applicable ordinances, regulations, and
laws. The City agrees to promptly issue permits requested by Developer in connection
with the Project. Developer shall pay all applicable fees required by the Code for the
Project including, but not limited to, permit and building inspection fees.
3.0 Maintenance of the Property: Developer shall designate an agent,
employee, or contractor to serve as Developer’s primary manager of the Property (the
“Property Manager”) and provide the City with the Property Manager’s contact
information. Developer or the Property Manager shall maintain the Property in substantial
compliance with the Code and all other applicable ordinances, regulations, and laws.
Developer or the Property Manager shall manage, operate, and maintain the Property
with reasonable professional skill by appropriately trained personnel. Developer shall
reasonably cooperate in good faith with the City to maintain the Property in substantial
compliance with the Code and applicable City ordinances, rules, and regulations relating
to property maintenance and crime free housing.
Developer further agrees to exercise reasonable care to protect the safety of
tenants and invitees on the Properties from reasonably foreseeable criminal acts
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including, but not limited to, providing the following security measures for the Property:
(1) retaining a reputable vendor and installer of security camera systems to install security
camera systems for the exterior and common areas of the Property, including commonly
accessible entrances and exits, parking lots, and hallways (the “Security Cameras”); (2)
exercising reasonable care in maintaining operational Security Cameras at all times; (3)
maintaining the video footage of the Security Cameras in a secure central and remote
location accessible only by the Property Manager or Developer; (4) providing the City’s
Police Department access to the live feed of the Security Cameras at all times; (5)
conducting periodic security walkthroughs on the Property (subject to tenants’ rights
under their respective leases); (6) providing private security personnel as may be
reasonably necessary in Developer’s sole discretion and judgment; (7) installing,
maintaining, and providing access to a “Knox Box” entry system on the Property’s primary
building entrances for use by the City’s emergency responders; (8) allowing annual
inspection(s) of the Property’s common areas by the City’s Police Department, Fire
Department, and Code Enforcement Division for the purpose of confirming compliance
with the Code; and (9) executing a “No Trespass Agreement” in the same or substantially
similar form as Exhibit B attached hereto and incorporated herein (the “No Trespass
Agreement”).
4.0 Special Service Area #30 (“SSA #30”): Subject to the City’s consent,
which shall not be unreasonably withheld, Developer shall be allowed to administer and
provide services for SSA #30 in conformity with the purposes of SSA #30, the Code, and
applicable law. Developer and Developer’s agents, employees, and independent
contractors shall not be entitled to compensation from the SSA #30 fund for the
administration of SSA #30, but may be entitled to compensation from the SSA #30 fund
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for the provision of SSA #30’s services if Developer provides the City sufficient records
to establish Developer’s entitlement to such compensation and performs said services in
compliance with the Code and applicable laws, ordinances, rules, and regulations. The
City agrees to consult and cooperate in good faith with Developer before extending the
property tax levy for SSA #30, terminating SSA #30, and expending SSA #30 funds for
the administration or provision of services that are not performed by Developer. Except
for claims arising out of or related to the City’s gross negligence, fraud or intentional
misconduct, Developer and Developer’s authorized agents, employees, contractors,
assigns, affiliates, officers, owners, managers, and subsidiaries agree to waive, release,
and hold harmless the City and the City’s officers, employees, agents, and contractors
from and against any and all claims, causes of action, damages, liabilities, losses,
restitution, costs, and reasonable attorney’s fees arising out of or relating to SSA #30
including, but not limited to, SSA #30’s establishment, administration, provision of
services, expenditure of funds, extension of the property tax levy, enlargement,
disconnection, dissolution, and termination. Developer’s obligations under this Section
shall survive the termination of this Agreement.
5.0 The Incentive: Within ten (10) business days of the Effective Date of this
Agreement, the City shall pay to the Developer a total amount not to exceed
$1,000,000.00 U.S. Dollars to be used by the Developer for the sole benefit and purpose
of the Project including, but not limited to, Developer’s acquisition and renovation of the
Property (the “Incentive”). The City may deposit the Incentive to be held in escrow by a
third-party mutually agreed upon by the Parties, who the Parties stipulate shall be
Chicago Title Insurance Company (Sycamore), subject to the terms of said escrow
agreement; provided, however, that 100% of the Incentive shall be disbursed to
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Developer at the time of closing of the Property, subject to the terms of Developer’s
contract to purchase the Property. The Parties acknowledge that the City’s liability to pay
the Incentive shall be expressly limited to funds available to the City in the City’s General
Fund reserves. The City’s limited obligation under this Agreement to pay the Incentive to
Developer shall neither constitute an indebtedness of the City under Illinois law, nor shall
it constitute or give rise to any pecuniary liability, charge, or lien against the City, any City
fund, or otherwise require the City to utilize its taxing authority to fulfill the terms of this
Agreement.
6.0 Insurance: Prior to commencement of the Project, the Developer (or the
Developer’s contractor) shall procure and deliver to the City, at the Developer’s (or such
contractors) cost and expense, and shall maintain in full force and effect until each and
every obligation of the Developer contained in this Agreement has been fully paid or
performed, a policy or policies of general comprehensive liability insurance and, during
any period of construction, contractor’s liability insurance and workers’ compensation
insurance, with liability coverage under the comprehensive insurance to be not less than
$1,000,000.00 for each occurrence and $2,000,000 total and including automobile
insurance coverage, all such policies to be in such form and issued by such companies
having a rating equal, greater than, or equivalent to Best’s Insurance Reports
classification of A-VIII to protect the City and the Developer against any liability incidental
to the use of or resulting from any claim for injury or damage occurring in or about the
Project. Each such policy shall name the City as an additional insured and shall contain
an affirmative statement by the issuer that it will give written notice to the Developer and
the City at least 30 days prior to any cancellation or amendment of its policy. Any other
insurance or self-insurance maintained by the City shall be in excess to and not contribute
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to the protection the City receives as an additional insured on the insurance required by
this Agreement. Notwithstanding any other provision of this Agreement, the Developer
shall have the right to self-insure for some or all the risks or to retain such portion of the
risk as the Developer may see fit; provided; however, that the net worth of the Developer,
as determined in accordance with generally accepted accounting principles, exceeds
$5,000,000.00. Specific requirements imposed on the Developer with regard to
indemnification and insurance coverage shall not be considered exclusive of any other
Code, rule, ordinance, or regulation of general applicability. The inclusion of such specific
requirements in this Agreement shall not be construed as a waiver of the City’s
independent right and authority to apply and enforce its various codes, rules, regulations,
and ordinances of general applicability for insurance, surety, and bonding against the
Developer and its successors in title.
7.0 Indemnification: Except for claims arising out of or related to the City’s
gross negligence, fraud or intentional misconduct, Developer and Developer’s authorized
agents, employees, contractors, assigns, affiliates, officers, owners, managers, and
subsidiaries agree to waive, release, and hold harmless the City and the City’s officers,
employees, agents, and contractors from and against any and all causes of action, claims,
liabilities, losses, damages, injuries, expenses, costs, and reasonable attorney’s fees
relating to or arising out of this Agreement, the Incentive, the Project, and the
maintenance of the Property. Developer’s obligations under this Section shall survive the
expiration of this Agreement.
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8.0 Miscellaneous:
8.1 The Parties acknowledge and agree that the individuals who are members
of the group constituting the City’s corporate authorities are entering into this Agreement
in their corporate capacities as members with full authority of such group and shall have
no personal liability in their individual capacities.
8.2 (a) This Agreement shall be valid and binding for a term of three (3)
years after the effective date of this Agreement, upon the City and Developer, together
with their respective successors and assigns, and is further intended to be binding upon
each successive lot owner of any lots of record, and shall constitute a covenant running
with the land.
(b) Developer may assign this Agreement subject to the City’s written
consent, which shall not be unreasonably withheld, conditioned or delayed, but only in
connection with its conveyance of all or any part of the Property, and upon said
assignment and acceptance by an assignee, Developer shall have no further obligations
hereunder as to the Property or that portion of the Property conveyed, but shall continue
to be bound by this Agreement and shall retain the obligations created thereby with
respect to any portion of the Property retained and not conveyed. If Developer or its
successors sell a portion of the Property, the seller shall be deemed to have assigned to
the purchaser any and all rights and obligations it may have under this Agreement which
affect the portion of the Property sold or conveyed and thereafter the seller shall have no
further obligations under this Agreement as it relates to the portion of the Property so
conveyed, but any such seller shall retain any rights and obligations it may have under
this Agreement with respect to any part of the Property retained and not conveyed by
such seller.
Page 8 of 15
8.3 The failure of any party to this Agreement to insist upon the strict and prompt
performance of the terms, covenants, agreements, and conditions herein contained, or
any of them, upon any other party imposed, shall not constitute or be construed as a
waiver or relinquishment of any party’s right thereafter to enforce any such term,
covenant, agreement or condition, but the same shall continue in full force and effect. No
action taken by any party to this Agreement shall be deemed to constitute an election of
remedies, and all remedies set forth in this Agreement shall be cumulative and non-
exclusive of any other remedy either set forth herein or available to any party at law or
equity.
8.4 In the event that any pertinent existing or future regulations, resolutions or
ordinances of the City are inconsistent with or conflict with the terms or provisions of this
Agreement, the terms or provisions of this Agreement shall supersede the regulations,
resolutions or ordinances in question to the extent of such inconsistency or conflict
8.5 (a) Upon a breach of this Agreement, any of the parties may secure the
specific performance of the covenants and agreements herein contained or may exercise
any remedies available at law via an appropriate action, the sole venue for which shall be
in the Circuit Court of DeKalb County, Illinois.
(b) In the event of a material breach of this Agreement, the parties agree
that the party alleged to be in breach shall have thirty (30) calendar days after written
notice of said breach to correct the same prior to the non-breaching party seeking a
judicial remedy as provided for herein; provided, however, that said thirty (30) day period
shall be extended if the defaulting party has commenced to cure said default and is
diligently proceeding to cure the same.
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(c) If the performance of any covenant to be performed hereunder by
any party is delayed as a result of circumstances which are beyond the reasonable control
of such party including, without limitation, acts of God, war, strikes, inclement weather
conditions, inability to secure governmental permits, or similar acts, but specifically
excluding epidemics, pandemics, and public health emergencies such as COVID-19, the
time for such performance shall be extended by the length of such delay; provided,
however, the party that seeks the benefit of this provision shall give the other(s) written
notice of both its intent to rely upon this provision and the specific reason which permits
the party to avail itself of the benefit of this provision.
8.6 This Agreement sets forth all agreements, understandings, and covenants
between and among the parties. This Agreement supersedes all prior agreements,
negotiations and understandings, written and oral, and is a full integration of the entire
Agreement of the parties. Any amendment to this Agreement shall be in writing duly
approved by the Parties.
8.7 This Agreement is not intended to and shall not be construed as creating
an agency, joint venture, or partnership relationship between the Parties or giving any
third-party any interests or rights with respect to this Agreement.
8.8 If any provision, clause, word, or designation of this Agreement is held to
be invalid by any court of competent jurisdiction, such provision, clause, word or
designation shall be deemed to be excised from this Agreement and the invalidity thereof
shall not affect any other provision, clause, word, or designation contained herein.
8.9 The City agrees to aid Developer and to cooperate reasonably with
Developer in dealing with any and all applicable governmental bodies and agencies in
obtaining utility and other governmental services for the Property. Furthermore, it is
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understood and agreed by the parties hereto that the successful consummation of this
Agreement requires their continued cooperation, and Developer shall not seek to
disconnect any portion of the Property from the City or SSA #30 during the term of this
Agreement.
8.10 This Agreement may be executed in multiple counterparts, all of which when
taken together shall constitute one Agreement.
8.11 The headings of the Sections of this Agreement are for convenience and
reference only and do not form a part hereof and do not modify, interpret or construe the
understandings of the parties hereto.
8.12 This Agreement may be reproduced by means of carbons, xerox process,
or otherwise. Each such reproduction, if manually executed by the parties, shall for all
purposes be deemed, and the same is hereby declared, to be a duplicate original of this
Agreement.
8.13 Terms used in this Agreement shall be read in the singular or the plural as
may be appropriate to the context in which they are used.
8.14 Notices, including Notices to effect a change as to the persons hereinafter
designated to receive Notice(s), or other writings which any party is required to or may
wish to serve upon any other party in connection with this Agreement shall be in writing
and shall be delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to the City:
City of DeKalb
Attention: City Manager
164 E. Lincoln Hwy.
DeKalb, Illinois 60115
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with a copy to the City Attorney:
Matthew D. Rose
Donahue & Rose, PC
9501 W. Devon Ave., Suite 702
Rosemont, IL 60018
If to the Developer:
Clear Investment Group LLC
ATTN: Amy Rubenstein
105 W. Madison St., Ste. 950
Chicago, IL 60602
8.15 The parties each intend that this Agreement shall require the parties to act
in accordance with any and all applicable laws and regulations enacted by any other
governmental authority which are applicable to any action or activity undertaken by either
party pursuant to, under, or in furtherance of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their proper officers duly authorized to execute the same, the day and year
first above written.
ATTEST: CITY OF DEKALB
By: _________ By:
Ruth Scott, Executive Assistant Cohen Barnes, City Mayor
ATTEST: Clear Investment Group LLC
By: By:
Amy Rubenstein
Title: Its:
Partner
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EXHIBIT A
(Legal Description of the Property)
The Property shall be legally described as follows:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 15,
TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BLOCK 1A OF THE 8TH
ADDITION TO ROLLING MEADOWS SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED IN BOOK "N" OF PLATS, PAGE 48,
AS DOCUMENT NO. 327651 IN THE DEKALB COUNTY RECORDER'S
OFFICE; BLOCK 2, EXCEPTING LOT 1 OF THE 5TH ADDITION TO
ROLLING MEADOWS SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 28, 1964 IN BOOK "N" OF PLATS,
PAGE 7, AS DOCUMENT 323083 IN THE DEKALB COUNTY
RECORDER'S OFFICE; AND THE VACATED HAWTHORNE LANE, AS
SHOWN ON THE PLATS OF THE 5TH ADDITION TO ROLLING
MEADOWS SUBDIVISION, HEREINABOVE REFERENCED, VACATED
BY THE CITY OF DEKALB BY DOCUMENT NO. 348950; ALL IN DEKALB
COUNTY, ILLINOIS.
Common Address: 808 Ridge Drive, 832 Ridge Drive, and 835 Edgebrook
Drive, DeKalb, IL 60115
PINs: 0815128004; 0815128009; 0815128010; 0815128011; 0815128012
Page 13 of 15
Exhibit B: No Trespass / Patrol Agreement
Common Area Patrol / No-Trespass Enforcement Agreement
Property Address: __________________________________________
Commonly Known As: _____________________________________
Property Owner: __________________________________________
Contact #: __________________________________________
Property Manager: __________________________________________
Contact #: __________________________________________
24 Hour Contact #: __________________________________________
This Common Area Patrol/No-Trespass Enforcement Agreement (“Agreement”) is
entered into by and between the Owner of the Property and the City of DeKalb (“City”).
Under the terms of this Agreement, the Owner expressly authorizes and requests that the
City utilize its Police Department and City Employees to undertake the following actions:
o No-Trespass Warnings and Arrests: For the purpose of enforcing trespass
ordinances and laws, Owner grants permission to the City and the City’s
employees and agents to undertake any actions that the Owner could lawfully take
with regard to persons unlawfully present on any public or private area of the
Property including, but not limited to, providing verbal or written no-trespass
warnings to any person on the Property other than a tenant of the Property, signing
trespass complaints, serving as complaining witnesses, and arresting or citing any
person who has violated such a no-trespass warning or who remains on the
Property after being asked to leave. The City shall maintain accurate records of all
persons who have been advised not to trespass on the Property, and shall provide
a copy of the same to Owner upon request.
o Patrol Common Areas: The City and the City’s employees and agents are
authorized to enter into any common area of the Property that is accessible either
to the public or to tenants of the Premises including, but not limited to, parking lots,
open spaces, common hallways, gathering areas, or other similar common areas
of the Property, for purposes of patrolling, observing, and enforcing the Codes and
Ordinances of the City of DeKalb or any applicable State Statutes. This shall not
constitute authority for the City to enter into tenant private areas (e.g. individual
tenant apartments) without required legal authority (e.g. a search warrant). The
City is authorized to sign complaints, serve as complaining witness, and arrest or
cite any person who has violated a State Statute or City Ordinance.
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o Report Cars for Relocation: Owner employs the entity described at signs posted
at the Property for purposes of relocating unlawfully parked cars from the Property
(and Owner shall maintain such postings in accordance with City Code). The City
is authorized and requested to contact the tow relocator to report any vehicles on
the Property that appear to be unlawfully parked, so that said vehicles may be
towed in accordance with applicable regulations.
o Provisions of Development Agreement: Owner shall permit and consent to the
conduct of any access or inspection authorized under the terms of any
Development Agreement entered into by Owner and the City which is recorded
against the Property of public record.
The Owner agrees that, if necessary, Owner or its authorized representative shall appear
at any trial or proceeding arising out of the performance of this Agreement. Owner
acknowledges that it is solely responsible for the condition and monitoring of its Property,
and this Agreement does not impose any duty upon the City whatsoever or to provide any
police protection or service under this Agreement for the benefit of the Owner or others.
Nothing in this Agreement shall preclude the City from asserting any applicable
immunities under State and Federal law. Owner further agrees to defend, indemnify, and
hold harmless the City and the City’s officers, agents, and employees from any and all
claims, liabilities, losses, damages, costs, expenses, and reasonable attorney’s fees
arising out of this Agreement.
The City agrees that it shall provide notice to the Owner of any legal violations occurring
on the Property upon request and in accordance with the requirements of City Code.
Owner shall post appropriate signage on the Property advising that its common areas
including, but not limited to, parking lots and open areas, are posted for No Trespassing,
and appropriate signage advising of any parking restrictions for vehicles in its parking
lots. Owner is encouraged to post additional signage advising that the Police Department
may engage in regular patrols of common areas.
This Agreement shall remain in full force and effect until terminated in writing by either
party. Notices shall be delivered to Owner at the address listed above, or to the City at
164 E. Lincoln Hwy., DeKalb, Illinois, 60115, Attention: Legal.
Agreed this _____ day of ________________, 20__.
ATTEST: CITY OF DEKALB
By: _______ _________ By: ____
Ruth Scott, Executive Assistant Cohen Barnes, Mayor
ATTEST: Clear Investment Group, LLC
By: _____ By:
Amy Rubenstein, Partner
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