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HomeMy Public PortalAboutOrdinance 2648ORDINANCE NO. 2648 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 to 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 4th DAY OF June, 2007. AYES: Lamb, Manning, Racich, Vaupel, Dement, Fay NAYS: ABSENT: APPROVED THIS 4th DAY OF June, 2007. Updated 5/6/04 LAURIE MCPHILLIPS 11P R 2001089176 Will Coun~.y Recorder Page 1 of li PAW Date 06/12/2007 Time 14:47:18 Recording Fees: 31.75 IL Rental Hsng Support Prog: 0.00 AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC P I N's: 06-03 W 03-100-003-0000 07-01-34-303-045-0000 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 4th day of June, 2007 (hereafter referred to as the "AGREEMENT") by and between the VILLAGE OF PLAINFIELD, a municipal corporation located in Will and Kendall County, Illinois, (hereafter referred to as "VILLAGE") and M_eiieC Stores Limited Partnershi (hereafter referred to "DEVELOPER"). WHEREAS, DEVELOPER is the owner of record of real estate described in Exhibit "A" (hereinafter referred to as the "MEIJER PARCEL"); and WHEREAS, DEVELOPER has made certain offsite street, roadway, right of way, and utility improvements to construct road improvements in the following location: 135t" Street east of Illinois Route 59 (hereinafter referred to as "IMPROVEMENTS"); and 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 ~~ ~ i u~ated 5is~oa 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. seq.) 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 into 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 one hundred nineteen thousand seven hundred eighty-two ( ~ 19 782) dollars. The DEVELOPER shall be entitled to recapture fifty (50%) percent of those costs constituting the IMPROVEMENTS in the amount of fi -nine thousand eight hundred ninety-one ( 59 891) dollars from the BENEFITING PROPERTY as described in Exhibit "B" 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 creditor bond) for recapturable improvements. The VILLAGE recognizes certain improvements may occur in stages, therefore the following certification process is permitted: 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 59 891 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. Page 2 of 9 Updated 5/6/04 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 (30t") 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) ten (10) years from the date of this Agreement. SECTION 6 Interest at the rate of four percent (4°/d) 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 or 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. 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, Page 3 of 9 Updated 5/6/04 with receipt requested therefore; or (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: Meier I, nc., Attn: ~I Estate Dept. 2,~2~ Walker Avg- NW rand Ra ~ MI 49544 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 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. Page 4 of 9 Updated 5/6/04 APPROVED THIS 4th DAY OF June, 2007. VI BY: OF LAINFIELD VI GE PRESIDENT Subscri ed and sw n to before me this ~ day of ~~ , 20 p~ ~~ r NOTARY PU LIC PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 24401 W. LOCKPORT ST. PLAINFIELD, IL 60544 ATTN: VILLAGE CLERK ~~~~~ sr~ ~f1I'I t Page 5 of 9 Updated 5/6/04 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS PARCEL 1A: (WEST THT PRT OF THE FOLLOWING DESCRIBED PARCEL, LYING N OF THE INDIAN BOUNDARY LN OF THEN 22 CHAINS (1,452 FT) OF THE NW FRACTIONAL 1/4 OF 5EC 3, T36N-R9E: DAF: BEG AT A PT 22 CHAINS (1,452 FT) S OF THE NW COR OF SD NW FRACTIONAL 1/4 OF SEC 3,; THC N 90 DEG E, 975.64 FT; THC N 43 DEG E, 75.70 FT; THC N 23 DEG 30' E, 300 FT; THC N 30 DEG E, 300 FT THC N 36 DEG E, 300 FT; THC N 25 DEG E, 500 FT; THC N 10 DEG 32' E, 67.97 FT; THC N 8 DEG E, 100 FT TO A PT ON THE N LN OF THE NW FRACTIONAL 1/4 OF SEC 3; TWC S 90 DEG W, 1,715 FT TO THE NW COR OF SD SEC 3; THC S 00 DEG 09' 46' E, 1,452 FT, ALG THE W LN OF THE NW FRACTIONAL 1/4 OF SEC 3, TO THE POB. PARCEL 2A: (WEST) THT PRT OF THE FOLLOWING DESCRIBED PARCEL LYING N OF THE INDIAN BOUNDARY LN, &THT PRT OF SD NW FRACTIONAL 1/4 OF SEC 3, T36N-R9E. DAF: BEG AT A PT 22 CHAINS (1,452 FT) S OF THE NW COR OF SD NW FRACTIONAL 1/4 OF SEC 3, RUNNING THC S 3.82 1/3 CHAINS (252.338 FT) (S 00 DEG 09' 46" E); THC E PARL WITH THE N LN OF SD SEC 3 (N 90 DEG E) 775 FT; THC N 28 DEG E 100 FT; THC N 43 DEG E, 224.3 FT; THC 5 90 DEG W, 975.64 FT TO THE POB. (EX THAT PRT TAKEN FOR ROAD WIDENING PER R2001-027633) Page 6 Of 9 • Updated 5/6/04 EXHIBIT B DESCRIPTION OF BENEFIT AREA & CERTIFIED COST LEGAL DESCRIPTION(S): LOT 1 IN MENARDS OF PLAINFIELD, A SUB OF PRT OF THE SW1/4 OF SEC 34, T37N-R9E. Page 7 of 9 W C4 0 (~ O 00 ~ ~n A ~ ~~ ~wz o~ ~~~ ~~ ~~c ~~; ~ o ~~ c~ o ,~ ~ ~ a ~'' ~' w W a ~~ wz~ ~ o , ~ ~ O w ~' w ~ ~~ ~° 0 ~~C W w GS W ~ O ° a w W ~ ~ ~~ Q v p p~ 0 0 '" O n w ~ U V o o o~o n ~ ~ ~ cG ~ ~ - F i ~ O ~ U ~~ Fz V G. , ~"~ 0 0 0 0 ~r ~ Op~ ~i~ ~+ ~ rn O ~ a U ~; a V ~ ~~ © ~~ ~ o W o~ 0 Q~ ~ o ~ , oa ~„~ o p o m o M O 6 ~' 0 a. o 0 0 ~n ao o O~ ~ 1/) VJ o ~ ~ ~ ~ 0 ~ ~ H 0 F g a ~ ~ ~ a n ~ ~ °~ O ~ ~ w ~ ~ ~ ,~ b ~~z ~~, aww ~ °.~ O ~ ~ ~ ~ p a ~ f ~ W ~ ~ a O ~~I v ~ r ~ ~~ i ~ ~ A ~~ a°° ~ S ~ o~~ a ° ~ ooQ~ ~ o~ V~ Q a"~ U O ~ ~ +'~ Iv ~ ~i ~ ~ Q ~ ti 7 ~ ~ II ~ ~, ~ v 0 N Y~i J X a :~ .~, ` Updated 516104 EXHIBIT C MAP OF BENEFIT AREA Page S of 9 VILLAGE pF PLAINFIELD, ILLINOIS MEIJER - 135TH STREET AND RT. 59 IMPROVEMENTS RECAPTURE R _ 1 .~ a7 gy 3z 1 1 ~. ~, i „ C w ..1...~--J-~ . t 6 ~ \~ /~/ 44 F~ ~ ~/' ~... \ ~ y 43 .. e w n ~ s ~ ~ '~ ~ ~~ / .... ... a ~,,,~41 38 i 1. ~ ~ ~ ~- ~ ~... , 'N 37 . ,.._~....~..._~...~.,-....~. .a,..........._~....~...~~..-- ® f I j " "" 4~ ~ MENARD, INC. ;~~~~ ~o. ~ ~ ~~~ 01-34 303-045 ~ ~'1 ~...... .....~..._~.~~_.. c ~ I pmpT M0. T D 77 ...~..- k nPLOT N0. 1 '., ._~._._....r~ ..... .._~......~....~...~-.-..... ._~... ~ ~I IO rr t ~ iS ~S ~b ~~~: ~! 135TH If-.-9~.5~. PILCHER RD. f ....~ r 1 11 r(! ~ i 1 1 ~~a MEIJER INC. !~ ~ ~~ ° 03-03-100-003 l I p ~ i a m I % j ~~ / j ~ /a :~ ~ „ ., ( 4 ~ p ~ 'r // ~ o a ~ •' S -- ~ ~ ~ v i 1 W~ (y 1\ I B A ?: T E R PQwC6BT ~ IYOO(i~//LQ~1L ~. 1 ~O I `VI ~ A~.n! 6.M NM..` .Ia~w.ra~0 y,l V! ~ M.Ywa .rlw f.aa.....b ~4 Z ~ p. ~nswww pt~pf. O ~~ (7{ W O O N M A~ N ~ p~ MT..IddC/~ ~ .~~~.. ~o ~ SCALE: 1 " = 400' ~~ ~~ ~` Updated 5/6/04 EXHIBIT D AMENDMENTS TO AGREEMENT None Page 9 of 9