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HomeMy Public PortalAboutOrdinance 2700rl~l{J i 111JIJ.9.3~~''~} 't4k~F~GAI..~.. C'LI~hIT'Yr ~1...1._:fi'4G:1:',:i r~e~Ha~rr~ s r+~~:~~F:~~~c~ra ).:l--1~~-`?t"u:1'7 ~r t7,:,:7.1 gym„ UF;C~MI~NC:~ s;~,t~u~t ORDINANCE N0.2700 AN ORDINANCE ADOPTING AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC FOR THE VILLAGE OF PLAINFIELD WHEREAS, the VILLAGE is authorized by the Illinois Municipal Code (65 ILCS 5/9-5-1 et. seq.) to enter into agreements tq provide for the recapture of offsite improvement costs, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: That the Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public for the Village of Plainfield which is attached hereto and made a part hereof, is hereby adopted by the President and Board of Trustees of the Village of Plainfield. This Ordinance shall be in full force and effect from and after its passage, approval and filing as required by law. PASSED THIS 1 ~'" DAY OF October, 2007. AYES: Vaupel, Dement, Fay, Lamb, Manning NAYS: None ABSENT: Racich APPROVED THIS 16t" DAY OF October, 2007. VILLAGE OF PLAINFIELD -.. ~ _ -- -. BY: ATT _ -, - J _ VICLACaE CLERK Prep~rea key and Return to: Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 Attn: Village Clerk Updated 5/6/04 AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC PIN: Kendall County: 03-25-300-003 03-25-300-005 03-25-300-007 03-25-300-008 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 15th day of October, 2007 (hereafter referred to as the "AGREEMENT"} by and between the VILLAGE OF PLAINFIELD, a municipal corporation located in Will and Kendall County, IlNnois, (hereafter referred to as "VILLAGE") and MPI-1 Plainfield West, LLC (hereafter referred to "DEVELOPER"). WHEREAS, DEVELOPER is the owner of record of real estate described in Exhibit "A" (hereinafter referred to as the "GRANDE PARK PARCEL"); and WHEREAS, DEVELOPER has made certain offsite street, roadway, right of way, and utility improvements to 127th Street in the following location: between Gilmore Road and Ridge Road (hereinafter referred to as "IMPROVEMENTS"); and Updated 5/6/04 WHEREAS, the IMPROVEMENTS are valuable and substantial improvements benefiting property described in Exhibit "B" and shown in Exhibit "C" which are attached hereto and made a part hereof and which are further described as the "BENEFITING PROPERTY"; and WHEREAS, it is the opinion of the corporate authorities of the VILLAGE that such IMPROVEMENTS benefit the property described in Exhibit "B"; and WHEREAS, the VILLAGE is authorized by the Illinois Municipal Code (65 ILCS 5/9-5-1 et. seg.) to enter into agreements to provide for the recapture of offsite improvement costs. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties hereto agree as follows; SECTION 1 The foregoing recitals are hereby incorporated by reference info the body of this Agreement as if fully set forth and repeated. SECTION 2 The cost of the IMPROVEMENTS, as described in Exhibit "B", attached hereto and made a part hereof, have been certified in the sum of eight hundred eighty- seven thousand six hundred sixty-three dollars ($887,663). The DEVELOPER and the VILLAGE shall jointly be entitled to recapture fifty percent (50%) percent of those costs constituting the IMPROVEMENTS in the amount of four hundred forty-three thousand eight-hundred thirty-two dollars ($443,832) from the BENEFITING PROPERTY as described in Exhibit "B". Of the total recapture, the DEVELOPER shall be entitled to receive fifty-eight and thirty-three ane- hundredths percent (58.33%) in the amount of two hundred fifty-eight thousand eight hundred eighty-seven dollars ($258,887). Of the total recapture, the VILLAGE shall be entitled to receive forty-one and sixty-seven one-hundredths percent (41.67%) in the amount of one hundred eighty-four thousand nine hundred forty-five dollars ($184,945). The VILLAGE recapture share is established per the Grande Park annexation agreement and pertains to collection by the VILLAGE of deferred annexation fees due from the DEVELOPER, At the time the Village accepts the improvements for which recapture is sought, the DEVELOPER will have 60 days to file said certified costs with the Village. Should the DEVELOPER fail to file said certified costs within 60 days, this AGREEMENT will become null and void. Village acceptance, for the purposes of recapture, will occur at the time of the Village Board reduces the DEVELOPER'S performance guarantee (letter of credit or bond) for recapturable improvements. The VILLAGE recognizes certain improvements may occur in stages, therefore the following certification process is permitted: Updated 5/6/04 A) Roadways: Certification may occur in two phases. Phase one may include: excavation, sub-base, base course, binder course, curb and gutter, sidewalk, and storm sewer. Phase two encompasses all remaining improvements which may include final surface course, striping, and lighting. B) Water and sanitary sewer: Certification will occur in one phase: at completion. SECTION 3 The VILLAGE agrees to assist the DEVELOPER in collecting said sum of $443,832 from the BENEFITING PROPERTY, including requiring said payment as a condition of any final plat of subdivision or before any building permits are issued, whichever occurs first, as to the BENEFITING PROPERTY. SECTION 4 The payment set forth in the preceding paragraph, plus any applicable interest, when collected by the VILLAGE, shall be promptly paid to the DEVELOPER as soon as practical after the first (1St) day of the month following the month of the receipt of such payments but, in any event, no later than the thirtieth (30th) day of the month following the month of this receipt. SECTION 5 The term of this Agreement shall remain in full force and effect until the earlier of which occurs (i) such time as the DEVELOPER has been fully reimbursed for that portion of the reimbursement attributable to the BENEFITING PROPERTY as herein provided; or (ii) until the expiration of the annexation agreement for Grande Park [Village of Plainfield Ordinance No. 2058], which is currently scheduled to expire as of December 17, 2021. SECTION 6 Interest at the rate of six percent (6%) per annum will be charged on any unpaid amounts beginning two years after the completion and acceptance of the VILLAGE of said improvements or execution of this Agreement, whichever occurs sooner. An administrative fee shall be charged at the rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover administrative costs of the recapture agreement. SECTION 7 Furthermore, the Village shall not be obligated to make any payments to the DEVELOPER unless said recapture funds are actually received from the benefiting property owners. Also, the DEVELOPER shall bear all costs of enforcing ar defending the implementation of this Agreement and shall hold the Village harmless and pay on behalf of the Village and its officers any damages assessed them as a result of the entry into or enforcement of this Agreement. Updated 5/6/04 SECTION 8 The VILLAGE shall make efforts to forward any recapture payment amounts as set forth herein, but shall not be obligated to bring any suit to enforce the collection of same, nor shall the VILLAGE or any of its officials be liable to the DEVELOPER or his successors or assigns in any manner for failure to make such collections. SECTION 9 Any modifications to the VILLAGE'S standard recapture agreement provisions are set forth in Exhibit D. The DEVELOPER and VILLAGE agree that should any conflicts between Exhibit D and the text of this AGREEMENT exist, the provisions of the text shall supersede those of Exhibit D. SECTION 10 Any notice to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be: (i) delivered personally, with receipt requested therefore; ar (ii) sent by telecopy facsimile; or (iii) sent by a recognized overnight courier service; or (iv) delivered by United States registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the parties at their respective addresses set forth below, and the same shall be effective: a) upon receipt or refusal if delivered personally or by telecopy facsimile; b) one (1) business day after depositing such with an overnight courier service; or c) two (2) business days after the deposit in the mail, if mailed. A party may change its address for receipt notices by service of a notice of such change in accordance herewith. All notices by telecopy facsimile shall be subsequently confirmed by U.S. certified or registered mail. If to the VILLAGE: Village Clerk Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 If to DEVELOPER: Pasquinelli Development Group 6860 N. 1=rontage Road Burr Ridge, IL 60527 SECTION 11 If any provision, clause, word or designation of this Agreement is held to be invalid by any court or competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this Agreement and the invalidity Updated 5/6/04 thereof shall not affect any other provision, clause, word or designation contained herein, Notwithstanding the foregoing, if a court of competent jurisdiction determines by final order that the amount of the fees or interest payable hereunder exceeds the amount that may be recaptured by the DEVELOPER under currently existing or subsequently enacted by law, then such amount shall be automatically reduced to such amount as the court then determines would conform to such requirements of law so that the provision establishing the fees and interest payable maybe given force and effect. The parties agree all actions instituted to enforce this Agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. APPROVED THIS 15th DAY OF OCTOBER, 2007. VILLAC~~F PLAINFIELD BY: ~.:.. _ VILLAGE CLERK LLAGE PRESIDENT Subscribed and sworn to before me this ~L~ day ofQ~f-~ b~ , 20~. ~. NO Y PUBLIC QFFICiAk, S~/11. 1~ TRa1'Z N~All1f Pu~IC • $TA~ QR ~LNOIS rr ~ ~rnn~ Updated 5/6/04 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS See attached LE=GAL DE5CRiPTION BOUNDARY ONE: - ~ The Southwest Fractional Quarter of Section 31, in Township 37 North, and in Range ~ ~ 9, East of the Third Principal Meridian, excepting that part thereof described as ~ follows: Beginning at the Southwest corner of said Southwest Fractional Quarter, thence North on the County and Section line, 14.19 chains; thence East 31 chains, ~ thence South 14.t9 chains; and thence West 31 chains to the paint of beginning, ..r i commonly descr~ad as 44 acres of the South send of the Fractional Southwest f Quarter, in WiN County, Illinois. ~ ~ A!r-~0: That part of the Southeast Quarter of Section 31, Township 37 North, Range 9 East of the Third Principal Meridian, tying East of Boundary Qne, Taken or in use far ~' Meggs Road, in Will County, tll'inois. ~ 130UNDARY nrvo: The Southeast Quarter, except the North 644.84 feet thereof and except the South 745.0 feet of the East 734.D feet thereof. of Section 36 Township 37 North Range B East of the Third Principal Meridian in Oswego Township, Kendall County, Illinois. BOUNDARY THINE! The Northeast Quarter of Section 3B, Township 37 North, Range 8 East of the Third Principal Meridian, in Qswego Township, Kendall County, Illinois. ALSf): That port of the Southeast Quarter of Section 25, Township 37 North, Range 6 East of the Third Principal Meridian, tying North of Boundary Throe, taken ar in use for Simons Rood, in Kendall County, Illinois. ,hISD: The West Hatf of the Northwest Quarter of Section 36, Township 37 North, Range B Eaat of the Third Principal Meridian, in the Township of Oswego, Kendall County, Illinois, except the following: That part of the Northwest Quarter of Section 36, Township 37 North, Range 8, East of the Third i'rincipai Meridian described as follows: Commencing at the Northwest comer of the Northwest Quarter of said Section 36; thence Easterly, along the North line of said Northwest Quarter, 265.00 feat far a point of beginning; thence continuing Easterly. along said North line 558.50 feet; thence Southerly, at right angle to the last described course, 390.00 fact; thence Westerly. at right angle to the last descr'~bed course, 556.50 feet; thence Northerly, at right angle to the last described course, 390.D teat to the point of beginning, all in Oswego Township, Kendall County, Illinois. ALSa: The Northeast Quarter of the Northwest Quarter of Section 36, Township 37 North, Range B East of the'Third Principal Meridian, in the Township of Oswego, Kendclil County, Illinois. . ALSd: The Southeast Quarter of the Northwest Quarter of Section 36, Township 37 North, Rangy 6 East of the .Third Principal Meridian, in Township 37 North, Range 8 East of the Third Principal Meridian, in the Township of Oswegq, Keridali County, Illinois, except the following: That part of 'the Southeast Quarter of the Northwest Quarter of Section 3B, Township 37 North, Range 8, East of the Third' Principe! Meridian, described as follows: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 36; thence Southerly, along the East line of said Quarter, 550.D feet; thence Westerly, at an angle of lj9 degrees, 12 minutes, 06 seconds measured counterclockwise from the fast descrbed course, parallel with the North lino of the Southeast Quarter of the Northwest Quarter of said Section 3ti, 396.0 feet; thence Northerly, at an angle of 90 degrees, 12 minutes 06 seconds measured counterclockwise from the last described course, paralld with the East line of the Northwest Quay#er of said Section 36, 550.0 feet to the North line of the Southeast Quarter of the Northwest Quarter of said Section 36; thence Easterly, along said North line, 395.0 feet to the point of beginning, all in Oswego Township, Kendap County, Illinois. ~v.SO: That port of the Southwest Quarter of Section 25, Township 37 North, Range B East of the Third Principal Meridian, tying North of f3aundary Three, taken ar in use for S'snans Road, in Kandatl County, Illinois. ALSO: The North 64.84 feet of the Southeast Quarter, Section 38 Township 37 North Range 8 East of The Third Principal Meridian in Oswego Township, Kendall County, If(inois. ALSO: The North Half of the Southwest Quarter of Section 36 Township 37 North Range 8 East of the Third Principal Meridian in Oswego Thwanship, Ktndali Gvunty, Illinois. B©UNOARY POUR: All of the Northeast Quarter and that part of the Sautheas# Quarter lying Northaoateny of the centerline of the Plainfield-Oswego Road, ail in Section 1, Township 36 North, Range 8 East of the Third Principal Meridian, (except that pout of the Northeast Quarter of said Section 1, described as follows: Commencing at the Northwest carnet of said Northeast Quarter; thence •Southerly along the West line of said Northeast Quarter, 1636.0 feet for the point of beginning; (hence Southerly along said West fine, 218.51 feet; thence Sautheaaterly oiong a tine forming on angel of 117 degrees 12 minutes DO seconds with the last described course, measured clodcwlse therefrom, 627.0 feet; thence Northerly along a line forming an ongqfa of 64 degrees 23 minutes 40 seconds with the last described course, measured dadcwisa therefrom, 465.39 feet; thence Westerly along a line farming an angle of 92 deeggrrees 24 minutes 20 seconds with the last described course, measured dockwisa therefrom, 5720 feat to the paint of beginning). in the Township of Na-Au-Say. Kendaq County, lUinais. • ALSO: That part of the East 734.0 feet of the Southeast Quarter of Section 36, Township 37 North, Range 8 East of the Third Principal Meridian, lying North of Boundary Four, taken ar in use for Paydon Road. in Kendall County, ltiinois. ALSO: That port of the Northwest Quarter of Section 1, Township 36 North, Ronga 8 East of the Third Principal Meridian, lying West of Boundary Four, token or in use for Plainfield Road (County Highway 22), in Kendall County, Illinois. BOUNDARY FiVE: That part of the Northwest Quarter of Section 1, Township 38 North, Range 8, East of the Third Principal Meridian, and described as follows: 7a wit: Beginning at the Quarter Section comer of the North line of sold Sactian No. 1; thence run North 88 degrees West on the Section line 17 chains and 36 links; thence South 1-1/4 degrees East 19 chains and 28 links to the center of the Oswego and Plainfield Road; thence South 62 dagraes East in the center of said road 19 chains and 60 links; thence North 1-i/4 dagraes West 28 chains and 7 -links to the Place of Beginning; also the West Half of Government Survey Lot No. 2 of the Northwest Quarter of Section 1, Township 36 North, Range 8, East of the Third Principal Meridian; also the South Half of the Southwest Quarter of Sactian 36, Township 37 North, Range 8. Eos# of the Third Principal Meridian, (excepting therefrom that part conveyed to Samuel and Mary Fosse by Deed Document 80-3675, and excepting therefrom the following described parcels. to wit: The South 841.45 feat as measured along the West line of the West 1,056.0 feat, as measured along the South line of the Southwest Quarter of Section 36, Township 37 North, Range 8 East of the Third Principal Meridian, in the Township of Oswego, Kendall County, Illinois; oleo that part of the Northwest Quarter of Section 1, Township 36 North, Ronga 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Northwest Quarter; thence South 89 degrees 29 minutes 2~3 seconds Eost along the North line of said Northwest Quarter, 1,056.0 feet; thence South 0 degrees 12 minutes 20 seconds East parallel with the West line of said Northwest Quarter, 577.72 feet; thence North 87 degrees 01 minutes 27 seconds West, 413.30 feet; thence South 0 degrees 01 minutes O6 seconds West 305.0 feet to the original centerline of Oswego-Plainfield Road; thence North 63 degrees 22 minutes 02 seconds West along said centerline 690.71 feat; thence North 64 degrees 30 minutes 00 seconds West along said original centerline, 28.59 feet to the Weat line of said Northwest Quarter; thence North 0 degrees 12 minutes 20 seconds West along said Weat ling. 548.70 feet to the point of beginning; and excepting that part of the Northeast Quarter of Section 1. Township 38 North. Range • 8 East of the Third Principal Meridian, descrbed as fellows: Commencing at the Northwest comer of said Northwest Quarter; thence South $9 deyrevs 29 minutes 29 seconds East along the North line of said Northwest Quarter, 1,056.0 fact; thence South 0 dagraes 12 minutes 20 seconds East parallel with the Weat line of said Northwest Quarter, 577.72 feet for the point of beginning; thence North 87 degrees 01 minutes 27 seconds West, 413.30 feat; thence South 0 degrees Oi minutes 06 seconds West. 3D5.0 feet to the angina! centerline of Dswega-Plainfield Road; thence South 63 degrees 22 minutes 02 seconds Eost along said original centerline. 463.81 feet to a line drav~rs parallel with said West line from the paint of beq~ninq; thence North 0 dagraes 12 minutes 20 seconds Walt, 491.46 feet to the poMt of beginning, and excepting Lot 1 and Lot 2 in "Condors Acres'), all in Oswego and Na-Au-Say, Townships, Kendall County, Illinois. AND That part of the West Half of Government Lot No. 1 in the Northwest Quarter of Section 1, Township 36 North. Range 8 East of the Third Principal Meridian lying Northerly of the original centerline of the Oswego-Plainfield Road in Na-Au~-Say Township. Kendall County, Illinaia AND Rose Mary Condon, as to the balance. -is "~ W That part of the Northwest Quarter of Section 1, Township 36 North, Range 8, East of the Third Principal Meridian lying Northerly of the centerline of Plainfield Road (except ~ that part described os follows:. Beginning at the Northwest earner of said Northwest Quarter, thence South 89 de~rees 9 minutes 29 seconds East along the North line of said Northwest Quarter, 1, 56.0 feet; thence South 0 degrees 12 minutes 20 ~ seconds East parallel with the West line of said Northwest Quarter of the original centerline of Oswego-Plainfield Road; thence North 63 degrees 22 minutes 02 seconds t~ West along said centerline to the West- line of said Northwest Quarter; thence North 0 degrees 12 minutes 20 seconds West along said Weat line, 548.70 feet to the point of L~_ beginning; and also the South Half of the Southwest Quarter of Section 38, Township {7 37 North, Range $. East of the Third Principal Meridian. (excepting the South 841.45 feet as measured along the West line of the West 1,056.00 feet, as measured along the South line of the Southwest Quarter of said Section 36), all in Oswego and , Na-Au-Say Townships, Kendall County, Illinois. - ALSO: That part of the Government Lot 1 in the Northwest Quarter of Section 1, Township 36 North Range 8 East of the Third Principal Meridian, lying 5outhwesteriy of Boundary Five, taken or in use for Plainfield Road (County Highway 22), in Kendall County, III inois. 4i~'~~1C A L C qH~G( ~ STATE OF >' ILUNOlS 9~~ ~ PROFESSIaNAI N STATE OF ILLIN015) a DESIGN FIRM z } S.s. ~, LAND SURVEYING n COUNTY OF DUPAGE) CORPdRAT10N WE, MIDWEST TECHNICAL CONSULTANTS, INC., PROFESSIONAL DESIGN tD. 184-{2917 FIRM-LAND SURVEYING CORPORATION NO. 164-002917. DO HEREBY CI=RIIFY THAT THE PLAT SHOWN HEREON IS A CORRECT REPRESENTATION H~pERVILLE`4 OF A SURVEY PERFORMED AT AND UNDER OUR DIRECTION. ALL DISTANCES SHOWN IN FEET AND DECJMAL PARTS THEREOF. GIVEN UNDER MY HAND AND SEAL IN NAPERVILLE, ILLINOIS THIS 31st DAY OF OCTOBER, A.D., 2001. BRUCE A. BRUCKELMEYER, P.LS. X2456 J PREgDENT. EDWIN G. TUMAN. P..LS. ~ 836 EXECUTIVE VICE PRESIDENT -~_~ Updated 5/6/04 EXHIBIT B DESCRIPTION OF BENEFIT AREA & ESTIMATED COST See attached Exhibit B-1 and Exhibit &2 Exhibit B-1 VILLAGE OF PLAiNFiELD GRANDE PARK -127#h STREET ROADVti/AY RECAPTURE - GILMORE ROAD TO RIDGE ROAD PIN FRONTAGE OWNER SHARE OF SHARE OF SHARE OF 5HARE OF TOTAL C05T {LINEAL FT) CONSTRUCTION ENGINEERING EASEMENT LEGAL COST 5HARE OF COST COST (EST.) COST (EST.) IMPROVEMENT NIA 2640 GRANDE PARK $385,94 i $57,891 $0 $0 $443,832 03-25-300-003 I320 GRANDE VIEW PLACE $192,970 $28,945 $0 $0 $221,916 03-25-300-005 1320 McGUIRE FARM $192,970 $28,945 $0 $i] $221,916 03-25-300-007 0 OFPDZ $4 $0 $0 $0 $0 03-25-300-008 0 3'n'12 $0 $0 $0 $0 $0 5250 $771,881 $115,782 $0 $ll $887,663 TOTAL RECAPTURE: $443,832 NOTE 1 TOTAL VILLAGE RECAPTURE: $184,945 KECAPTURE EQUAI. TO AMOUNT FOR ENGINEERWG AND CONSTRUCTION TOTAL DEVELOPER RECAPTURE: $258,887 FOR THE ROADWAY IMPROVEMENTS COSTS ($887,663) DPJIDED BY 5,280 LII~IEAL FEET (TOTAL LINEAL FOOTAGE ). $771,8$115,280 LFT = $146 PER LIlVEAL FOOT Canstruction $115,78215,280 LFT = $22 PER I.INFA1. FOOT Engineering and Construction Management Share =the amount a properly wilt contribute towards the improvements. Recapture =the amount to be co22ected from benefalted properties. NOTE 2 Oswego Fire Protection Districx {OFPD) and 3'n'1 are existing. Recapture allocated to Grandeview Place Updated: Oct. 8, 2007 Exhibit B-2 Prepared by: village of Plainfield 127th Street Cost Certification Community Derr. Dept. Gilmore Road to Ridge Road 127th Street -Gilmore Road to Ridge Road Tvtat Prvject Cost: 5771 88i Constructior- Material, Testing, etc. (15%) $115,782 Total Certified Cost: $887,663 Total Project Length: 5,280 LF Cost-par-foot $168 Allocated Cost N M ~ r-. v ~ tiD Contributing Parcels CI a~ ,q ~ O ~ H N cd .~.i ~ ~ , ,-~`~ ~ ~ ? ~ ~ a w ~ a~ Q A ~ ~ ~ ~ ~ ~ Derelo er Share 2 640 LF $443 832 $221 916 $129 443 $9Z 472 Reca lure -Grande View Place i 320 LF $221 916 $129 443 $92 472 Reca lure -McGuire Farm 1 320 LF $0 $Q ~~ Reca lure - OFPD LF $0 $0 $0 Aeca lure - 3'n' 1 LF $0 LF Villa a Reimbursement Subtotals: 5,280 LF $443 832 $443 832 $258 887 $0 $184 9 Updated 5/6/Oa EXHIBIT C MAP OF BENEFIT AREA P ~ ~~Gpp'dw9 - ~~ pWGStiGP prlc ~'~~°p~, - 36~cuk pf~dv~G~2$7 p j4® 11:5$~~'" ~ +~oodm°n, ~-~~. I ~ 9-~ ZpQ7 ~ BY goxt Plotte~• C~pYr'gh'1 ~ ..~- _ _~ !~-1 1 ~1 ~- ~ ~I `I II a~ ~ ~ ~ ~ d3-2~30D-~6 ~1' 307`F`~~p(',E 1 I~ ~~ ~~ ao~,°°~'°R°~ ~ PR~~~ pGE I 180 L.F. ~~ ~ . I -- - _- i ~(~ 1 ~_ J-- n+ ~ ~ ~ ~ ~ ,~+• W 04Qµ N ~' ~Ol11N" 5-3~~"p~~ C,Rp~ ~~~pGE 833 ~•F ~MCGUIRE 1.320 L. F.FF ~~ ~~ ~l:_J' .I ` s=- ~~ I~ 1 1 ~~~ ~~ 1~ r ~ li ~„r~tr1S RC}~ „~~-~ _ . -- 1" ~---- ~~ ~:~~~ .- ~ _- ~ ~~ n ~~ 4i C R. ~~'C~ ~ ~~,.Ll ~~E ~~ ~~,~~~ RC3AQ~©~p,QEQA ~J~~~~ R~ _ 12 E Ro a -ro ~~vG~ ~ GRA~.1Q (G1i-~OP~ ,s?~ ~: Updated 5/6/04 EXHIBIT D AMEN©MENTS TO AGREEMENT The following two provisions of this agreement were modified to be consistent with the Grande Park annexation agreement and to provide the recapture terms stipulated in the annexation agreement: SECTION 5 The term of this Agreement shall remain in full force and effect until the earlier of which occurs (i) such time as the DEVELOPER has been fully reimbursed for that portion of the reimbursement attributable to the BENEFITING PROPERTY as herein rovided' or (ii) ter Win` ,~^^r~ f~^~, t,.,e ~,'~, ~f +-,;.. ~~.,~„„.,,,.,~ p , ~ .,, y ....., .+ , ~..., rr z,-rr,,, auc~a~-n~rr.~~9rt,.~Tr~t~-rr fi until the expiration of the annexation agreement for Grande Park [Village of Plainfield Ordinance No. 2058], which is currently scheduled to expire as of December 17, 2021. SECTION 6 Interest at the rate of #e+~r six percent (46%) per annum will be charged on any unpaid amounts beginning two years after the completion and acceptance of the VILLAGE of said improvements or execution of this Agreement, whichever occurs sooner. An administrative fee shall be charged at the rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover administrative costs of the recapture agreement.