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HomeMy Public PortalAboutOrdinance 24764 w: ORDINANCE NO. 2476 AN ORDINANCE ADOPTING AN AGREEMENT AUTHORIZING REIMBUREMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC FOR THE VILLAGE OF PLAINFIELD WHEREAS, the growth of the Village of Plainfield requires that an Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public be promulgated for the Village and its contiguous area; and WHEREAS, pursuant to the direction of the President and Board of Trustees of the Village of Plainfield, the Plan Commission has developed such Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public; and WHEREAS, pursuant to 65 ILCS 5/11-12-6 and 65 ILCS 5/11-12-7, the Plan Commission has held numerous public meetings concerning said Agreement and held hearings thereon, and has recommended same to the corporate authorities of the Village; and 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 2nd DAY OF May , 2005. AYES: Collins, Dement, Fay, Manning, Racich. NAYS: 0 ABSENT:0 APPROVED THIS 2nd DAY OF , May , 2005. ~r ~~ ~ ,~ VIL E PRESIDENT ATTEST: VILLAGE CLERK ~~ Updated 9/14/04 LAURIE MCPWILLIPS 10P R 200085361 Will Coun#,y Recorder Pags 1 of 10 VIVNISII~d~IVIAI~VIIVNIVIVIAIINNIIV~IININII AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC PIN: 01-30-400-002 01-29-300-010; 01-29-300-009; 01-30-400-002; 01-30- 400-006 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this _ day of , 20_ (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 MAF DEVELOPMENTS INC. (hereafter referred to "DEVELOPER"). WHEREAS, DEVELOPER is the owner of record of real estate described in Exhibit "A" (hereinafter referred to as the "SHENANDOAH PARCEL"); and WHEREAS, DEVELOPER has made certain offsite street, roadway, right of way, and utility improvements to 127T" Street in the following location: from the east property line of the ap rcel to a point west of Heggs Road (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 P.~o~ =.~ ~~ Updated 9/14/04 WHEREAS, it is the opinion of the corporate autharities 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 estimated in the sum of One Hundred Thirty Six Thousand Faur Hundred Forty Eight and 43/100 ($136,448.43) dollars. The DEVELOPER shall be entitled to recapture Fifty (50%) percent of those costs constituting the IMPROVEMENTS in the amount of Sixty Nine Thousand Five Hundred Thirty-nine and 73/100 ( 69 539.73) dollars from the BENEFITING PROPERTY as described in Exhibit "B". The VILLAGE shall be entitled to recapture Forty-nine (49%) percent of those costs constituting the IMPROVEMENTS in the amount of Sixty Six Thousand Nine Hundred Eight and 70/100 ($66,908.70) 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 that 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: 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. Page.2-ef-~8- Updated 9!14104 SECTION 3 The VILLAGE agrees to assist the DEVELOPER in collecting said sum of Sixty Eight Thousand Two Hundred Tw~ enty Four and 22/100 ($68,224.22) 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 (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%) per annum will be charged on any unpaid amounts beginning two years after the completion and acceptance of the VILLAGE of said improvements ar 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 casts 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 Paget-ef46' 3 Updated 9/14/04 If to the VILLAGE: If to DEVELOPER: Village Clerk Village of Plainfield 24000 W. Lockport Street Plainfield, IL 60544 Ms. Bernice Ellis MAF Develo ments Inc. 607 ChiChicago Street Suite 101 Plainfield, IL 60544 SECTION 11 If any provision, clause, ward 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. APPROVED THIS ol! DAY OF~, 2005. VILLAG F PLAIN~,~FIE~L,~DI BY: G~"- (J ~ LLAGE PRESIDENT ATTEST: VILLAGE CL K Subscribed and sworn to before me this ~~day of , 2005. ,; ...,"4 FICIAL S,~t~L" DARCY REED GATES NOTARY P LIC NQ'rARY PUBLIC S'T'ATE OF ILLINC)IS M Cammissian E fires 12J0~2f)C)13 P Updated 9/14!04 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; 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. ~~ ~. r~~ b ~ ~~ ~~~~ ~ a ~ y .~ ~~~-1a60 1~- ~-o~~~o~-r ~~a r~~'I ~.(c~ ~ ~L . l~ D,~ ~ ~' Pagesl.efi9- 5 Updated 9/14/04 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS Shenandoah "The Great Meadow" Unit 1: THAT' PART OF THE NORTHEAST ^UARTER OF SECTION 31 AND PART OF THE NORTHWEST QUARTER OF SECTION 32, iN TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRiNCNPAL MERIDIAN DESCRIBED AS FOLLQWS: BEGINNING AT THE NORTHWEST CORNER OF NATURE'S CROSSING UNIT ~, BEING A SUEDIVISION OF PART OF THE WEST HALE fls= THE SOUTHWEST C?UARTI=R OF SECTION 3~. TOWNSHIP ~7 NORTB~, RANGE 9 EAST OF THE THIRD PRINCIPAL. MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER IT, 1998 AS DOCUMENT R98-137098 IN WILL COUNTY, ILLINOIS, SAID CORNER ALSO CQINCIDENT WITH THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER AS PER MONUMENT RECORD R89-04pi~8; THENCE SOUTH 88 DEGREES 41 MINUTES 27 SECONDS WEST (BEARINGS ARE ASSUMED FOR DESCRIPTION PURPOSES ONLY ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, IOO2.29 FEET TO THE EAST LINE OF PROPERTY DESCRIBED !N A DEED RECORDED AS DOCUMENT R34-019086; THENCE NORTH 01 DEGREES 13 MINUTES 31 S~GONDS WEST ALONG SAID EAST' LBNE, 488.07 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 88 DEGREES 45 MINUTES 52 SECONDS WEST ALONG THE NORTH LINE OF SAID DEED, 16x2.83 FEET TO THE, WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 01 DEGREES 44 MINUTES 05 SECONDS WEST ALONG SAID WEST LINE. 683.88 FEET: THENGE NORTH 88 DEGREES 15 MINUTES 55 SECC7NDS EAST, 505.00 FEET; THENGE SOUTH 73 DEGREES 17 MINUTES 59 SECONDS EAST, 63.25 F'EE'T; THENCE NORTH 88 DEGREES I5 MfMUTES 55 SECONDS EAST, 12.5.00 FEET; THENCE NORTH OI DEGREES 44 MINUTES 05 SECONDS WEST, 5.00 FEET'; THENCE NORTH 88 DEGREES 15 MINUTES 55 SECONDS EAST, 125.00 FEET; THENCE NORTH 74 DEGREES IS MINUTES 2O SECONDS EAST, 61.83 FEET: THENGE NORTH 88 DEGREES 15 MINUTES 55 SECONDS EAST, 184.40 FEET; THENGE SOUTH 82 DEGREES 29 MINUTES 18 SECONDS EAST, 178.38 FEET; THENGE NORTH 89 'DEGREES 44 MINUTES 47 SECONDS EAST, 108.17 FEET; THENCE NORTH 27 pEGREES 34 MINUTES 49 SECONDS EAST, 632..56 FEET'; THENCE' NORTH 22 DEGREES 28 MINUTES 28 SECONDS EAST, 66..32 FEET; THENCE NORTH II DEGREES O4 MINUTES 47 SECONDS EAST, 70,77 FEET; THENCE NORTH Ofl CSEGREI=S 30 MINUTES 39 SECONDS EAST„ 71.49 FEET; THENCE NORTH OI DEGREES 13 MINUTES 10 SECONDS WEST, 738..97 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER: THENCE NORTH 88 DEGREES 46 MINUTES 50 SECONDS MAST, 339..57 FEET TQ THE NORTHEAST CORNER dF" SAIT7 NORTHEAST f~UARTER AS PER MONUMENT RECORD R89-040786: THENCE NORTH 88 DEGREES 29 M(MUTES 39 SECONDS EAST ALONG THE NORTH LINE Of" THE NQRT'HWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 660.01 FEET TO THE EAST LINE OF THE !NEST 40 RODS OF SAID NORTHWEST QUARTER; THENCE SOUTH OI DEGREES 51 MINUTES 15 SECONDS EAST ALONG SAID EAST LINE, 2647.63 !"EET TQ THE SOUTH LINE OF SA I{7 NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES 42 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE. 660.03 FEET TO THE POINT OF BEGINNING, iN WILL COUNTY, ILLfNOlS. Page.6..cf~b Updated 9/14/04 EXHIBIT A (Continued) LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS Shenandoah "The Great Meadow" Unit 2: THAT BART (?F THE NORTHEAST QUARTER CAF SECTION 3 i , TOWNSH 9 P 37 NORTH, RANGE 9 E'AS'T OF THE THIRD PRINC-PAL MERIDIAN DESCf~ l BED AS FOLLOWS COMMENCING AT THE NQRTMNEST CORNER OF NATURE'S CROSSING UNiT 2, BE{NG A SU8DIW15lON OF PART OF THE WEST HALF OF THE SC7UTHiNEST QUARTER OF" SECT 1 ON 32 , TOWNSH I P 37 NORTI-d , RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOWEMBER 17, 1998 AS DOCUMENT R98-137098 IN Wi LL COUNTY f LL I NO I S , SA f D CGRNI=R ALSf~ Cf~! NC I t~ENT W! Tf~# THE' SOL;THEAST CORNER OF SAtD NORTHEAST QUARTER AS PER MONUMENT RECORD F?89-04088; THENCE SCIUTH 88 DEGREES 41 MINUTES 27 SECONDS WEST (SEARINGS ARE' ASSUMED FOR DESCRIPTION PURPOSES ONLYa ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, IOO2.29 FEET TO THE EAST LrNE QF PROPERTY DESCRIBED fN DEEQ RECORDED AS DUCUMENT R94-OD9056; THENCE NORTH GI DEGREES 13 MINUTES 3I SECONDS WEST ALONG SAID EAST LINE, 488.07 FEET TO THE N~?RTHI=AST CORNER THEREOF; THENCE SOUTH 88 DEGREES 45 MINUTES 52 SECONDS WEST ALONG THE NORTH LINE OF SAID DEEP, 1652.83 FEET TO THE WEST ~,lNE OF SAID NORTHEAST QUARTER; THENCE NORTH 0I DEGREES 44 MINUTES O5 SECONDS WEST ALONG SAID WEST LINE, 683.88 FRET TO THE POINT 4F BEGINNING; THENCE CONTINUING NORTH QI l3EGREES 44 ININUTI~S 05 SECONDS WEST ALONG SAID WEST LINE, 1475.22 FEET TO THE NORTHWl~ST CORNER Carr' SAID NORTHEAST QUARTER; THENCE NORTH 88 DEGREES 46 MINUTES 5O SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, I,?0;5.71 FEET TO THE NORTHWEST CORNER OF SHENANDOAH "THE' GREAT MEADOW"' - UNIT I (THE FOLLOWING 14 COURSES ARE ALONG THE WEST I"7OUNDARY OF SAID SHENANDOAFI "THE GREAT MEADOW"' - UNIT Ii; THENCE SOUTH OI DEGREES 13 MINUTES IO SECONDS EAST, 738.37 FEET; THENCE SC?UTH OO DEGREES 30 MINUTES 39 SECONDS WEST, 71.49 FEET; THENCE SOUTH I! DEGREES O4 MINUTES 47 SECONDS WEST, 70.77 FEET» "T"HENCE SOUTH 22 DEGREES 28 MINUTES 28~SECONDS WEST, 66.32 FELT; THENCE SOUTH 27 DEGREES 34 MINUTES 49 SECONDS WEST, 632.56 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 47 SECONDS WEST, 108.17 FEET» THENCE. NORTH 82 DEGREES 29 MINUTES 18 SECONDS WEST, 178.38 FEET; THENCE SOUTH 88 DEGREES 15 MINUTES 55 SECONDS WEST, 184.40 FEET; THENCE SOUTH 74 DEGREES C8 MINUTES 20 SECONDS WEST, 61.83 FELT; THENCEE SOUTH 88 DEGREES 15 MINUTES 55 SECONDS WEST, 125.00 FEET; THENCE SOUTH o1 DECREES 44 MINUTES a5 SECONDS EAST, 5.00 FEET; THENCE SOUTH 88 DEGREES 15 MINUTES 55 SECONDS WEST, 1,25.00 FEET; THENCE NORTH 73 DEGREES 17 MINUTES 59 SECONDS WEST, 63.25 FEET; THENCE SOUTH 88 DEGREES 15 MINUTES 55 SECONDS WEST, SOS,OO FEET TO THE F'O9NT OF BEGINNING, IN WILL COUNTY, ILLINOIS. Pa e~.1.(]- Updated 9!14/04 h~ ,~ EXHIBIT B-2 DESCRIPTION OF DISTRIBUTION ~' a~ vn m oti u ~O rJ CQ ~ ry~ y-~ Nti 5r i p f1~ ~ ~ [~ DO K] ~ W oc1 ~ ~ M ~ h 9 i4 +aS! 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