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HomeMy Public PortalAboutResolution 1502r + ' VILLAGE OF PLAINF"IELD RESOLUTLON NO. 1502 A RESOLUTION PROVIDING AN INDUCMENT `I'O HERON :POINT OF PLAINFIELD REGARDING A REDEVELOPMENT PROJECT IN TI-IE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUN"I"IES, ILLINOIS. PLJBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, "PHIS 20T" UAY OF JLJNE, 2006. RESOLUTION NO. 1502 A RESOLUTION PROVIDING AN INDUCEMENT TO HERON POINT OF PLAINFIELD REGARDING A REDEVELOPMENT PROJECT IN THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS WHEREAS, the Village of Plainfield, Will and Kendall Counties, State of Illinois (the "Village") is a duly organized and existing home rule Village created. under the provisions of the Constitution and laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code; and WHEREAS, an area of the Village located near the intersection of Route 30 and Renwick Road and. commonly known as "Heron Point" (the "Area") requires redevelopment incentives in order to change the nature of a site currently consisting principally of vacant buildings into atax-producing area; and WHEREAS, the Village President and Board of Trustees of the Village (the "Corporate Authorities") have determined that the stable economic and physical development of the Village may be harmed if current conditions of the site are not altered as soon as possible; and WHEREAS, the Corporate Authorities have determined that it may be necessary, in order to remove and alleviate adverse conditions that exist in and around the Area, to encourage private investment and restore and enhance the tax base of the property as legally described in Exhibit A attached hereto; and WHEREAS, Heron Point of Plainfield, L.L.C. (hereinafter referred to as the "Developer") has approached the Village with a potential project to redevelop the Area with a commercial center (the "Project") contingent upon redevelopment assistance from the Village; and WHEREAS, the Developer had indicated. to the Village that but for the benefit of redevelopment assistance in the manner outlined in Exhibit B hereto that the Developer will not complete the Project; and. WHEREAS, the Village has determined that the Project would. be of significant benefit to the people of the Village and thus represents a development that would be appropriate to support with certain public revenues, but only to the extent such aid may lawfully and practically be available. NOW, THEREFORE, be it resolved by the Village President and Board of Trustees of the Village of Plainfield, Will and Kendall Counties, Illinois, as follows: Section 1: All of the recitals hereinbefore stated as contained in the preambles to this Resolution are full, true and correct and are hereby, by reference, incorporated and made part of this Resolution as legislative findings. Section 2: Proposed Project Inducement. The Corporate Authorities hereby authorize the Developer to commence such activities as are reasonably necessary to redevelop the Area as soon as possible and in reliance upon receiving the economic assistance as outlined in Exhibit B hereto. Any economic assistance granted by the Village will be established in a formal definitive agreement to be presented to the Corporate Authorities pursuant to this Resolution. Section 3: If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Resolution. Section 4: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This Resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. ADOPTED this 19th day of Tune, 2006, pursuant to a roll call vote as follows: AYES: Manning, Collins, Racich, Dement, Fay, Lamb NAYS: 0 APPROVED by the Village President on June 19 6. ~~ __ __ J ES A. WALDORF - VILLAGE PRESIDENT T: .. -_- VILLAGE CLERK ~vurur~r ~ Legal Description The Redevelopment Area includes the six (6) parcels legally described as follows: PARCEL I: THAT PART OF THE WEST HALF OF TI-1E NORTHEAST QUARTER OF SECTION 22, 1N TOWNSHIIP 36 NORTH AND 1N RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LY1NG NORTH OF THE PUBLIC RIGHT-OF-WAY KNOWN AS PLAINFIELD ROAD. P.LN.: 03-22-207-002 PARCEL II: THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 36 NORTH, AND IN RANGE 9 EEAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 00 DEGREES 55 MINUTES 00 SECONDS FAST 2S0 FEET ALONG THE WEST LINE OF THE SAID EAST HALF TO THE CENTERLINE OF PLAINFIELD ROAD, THENCE SOUTH 42 DEGREES 18 MINUTES 30 SECONDS EAST 48.32 FEET ALONG SAID CENTERLINE, THENCE NORTH 46 DEGREES SS MINUTES 07 SECONDS EAST 159.24 FEET TO A POINT IN A LINE THAT IS 150 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, THENCE NORTH ALONG SAID PARALLEL LINE 180.55 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER, THENCE WEST 150 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, ALL IN WILL COUNTY, ILLINOIS. P.I.N.: 03-22-207-003 & 03-22-207-007 PARCEL III: THE EAST 150 FEET OF THE WEST 300 FEET OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 36 NORTH, AND IN RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE LINCOLN HIGHWAY, IN WILL COUNTY, ILLINOIS. P.LN.: 03-22-207-005 PARCEL IV: PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 22 IN TOWNSHIP 36 NORTH, AND IN RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 150 FEET EAST AND 193.15 hEET SOUTH OF THE NORTHWEST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 22 A DISTANCE OF 225.75 FEET TO THE CENTERLINE OF U.S. HIGHWAY NO. 30 (KNOWN AS THE LINCOLN HIGHWAY) THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF SAID HIGHWAY, 169.73 FEET TO A POINT, THENCE NOR'T'HEASTERLY IN A STRAIGHT LINE 148.42 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY, ILLINOIS. P.I.N.: 03-22-207-008 PARCEL V: LOT 1 (EXCEPT THE NORTH 225 FEET THEREOF) IN SANDHURST RESUBDIVISTON OF LOTS 10, 11, AND 12 IN SANDT~URST SUBDIVISION, A SUBDIVISION OF PART OF THE EAST '/Z OF THE NORTHEAST '/4 OF SECTION 22 AND THE WEST '/2 OF THE NORTHWEST '/4 OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 6, 1996 AND DOCUMENT NO. R96-019352, IN WILL COUNTY, ILLINOIS. P.LN.: 03-22-207-060 PARCEL VI: THE NORTH 225.00 FEET OF LOT 1 IN SANDHURST RESUBDIVISION OF LOTS 10, 11, AND 12 IN SANDHURST SUBDIVISION, A SUBDIVISION OF PART OF THE EAST '/2 OF THE NORTHEAST '/4 OF SECTION 22 AND THE WEST '/z OF THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING 'I'O THE PLAT THEREOF RECORDED MARCH 6, 1996 AND DOCUMENT NO. R96-019352, IN WILL COUNTY, ILLINOIS. P.LN.: 03-22-207-060 F.XNTRTT R Outline of Economic 1[ncentives and Conditions 1. Sources of Economic Incentive Funds a) Waiver of Village Fees ....................................................................... $125,000* The Village agrees to waive certain development and building permit issuance and inspection fees, including water and sewer connection fees, related to the Project, including those fee waivers approved as part of the Special Use for Planned Unit Development and Statement of Intent and Agreement fox the Project, up to a maximum of $125,000. b) Base Sales-Tax Sharing ...................................................................... $160,000* Of the Village's share of sales tax generated by the development, 75 percent shall be rebated to the Developer and 25 percent shall be retained by the Village in each calendar quarter until the first of the fallawing two events occurs: (i) the net present value of cumulative sales-tax revenue rebated to the Developer equals $160,000 as calculated on the attached Exhibit C; or (ii) until five and one-half (5-1/2) years have elapsed following opening of the first business at the Froject, or a date not later than is mutually agreed in the definitive agreement. In no event shall this date be earlier than December 31, 2012 and shall not be later than December 31, 2013. In the contemplated definitive agreement, the sales-tax rebate cap will use the actual sales-tax amount needed to reach $160,000 net present value, which is estimated to be $216,$29. Base Incentive Subtotal.• $285, 000* c) Additional Sales-Tax Sharing ........................................... .. .. .. $65,000* The cost of improvements to Renwick Road and/or U.S. Route 30 (Ofd Site Improvements) related to the Project are estimated by the Developer to be $50,000. In the event these costs exceed $50,000, the Developer shall be entitled to receive an Additional Sales-Tax Sharing for the amount by which the cast of Off-Site Improvements exceeds $50,000 up to a total off-site improvement cost of $115,000 (i.e., the maximum Additional Sales-Tax Sharing rebate shall be $65,000). The amount of the Additional Sales-Tax Sharing shall be the actual cost of the Off-Site Improvements less the $50,000 estimated cost, provided that the Additional Sales-Tax Sharing shall not exceed $65,000. Of the Village's share of sales-tax revenue generated by the Project, 75 percent shall be rebated to the Developer and 25 percent retailed by the Village until the first of the following two events occurs: (i) the net present value of the cumulative total of additional sales taxes rebated equals the amount the by which the Off-Site Impravements exceeds $50,000, up to a maximum of $65,000; or (ii) until seven and one-half (7-1/2) years have elapsed following opening of the first business at the Project, or a date not later than is mutually agreed in the definitive agreement. In no event shall this date be earlier than December 31, 2013 and shall not be later than December 31, 2015. Contingent Incentive Total: 31350, 000* Note: *All vaJ.ues are listed in "net present value" per )exhibit C. 2. General Conditions and Provisions for the Payment ofl'ncentives a) As a condition of any incentive payment pursuant to this contemplated agreement, the Project must be developed in substantial conformance with the approved Special Use for Planned Unit Development and Statement of Intent and Agreement approved as Ordinance No. 2497. b) The Project must be constructed and sales-tax-generating users occupying a minimum amount of retail floor-area of the site and open for business by a milestone date identified in the contemplated. definitive agreement. c) Any incentives paid to the Developer will be related to certain eligible casts as identified by the Village. These include casts for demolition of existing buildings, frontage road improvements, off-site road and utility improvements, off site sewer extension, and a proportionate share of engineering costs related to these improvements. A summary of the eligible costs is attached as Exhibit D. d) The Developer agrees to complete the demolition of existing structures on the subject property in a timely manner following passage of this Resolution. The Developer agrees that demolition work will be commenced within ten (10) days of passage of the Resolution and substantially complete within six (6) weeks of passage of the Resolution. e) The Developer and/or owners/lessees of the Project will be permitted to protest the Equalized Assessed Valuations under certain circumstances, as identified in the contemplated definitive ,agreement. This provision is a deviation from the Village's policy on economic incentives as established by Resolution No. 1378. The intent of this exception is to allow the Developer and/or owners/lessees of the Froject to challenge assessments of the Project that are grossly inaccurate as a result of error or omission. Exhibit C Projected Sales Tax Revenue (projected Future Sales Tax Revenue and Net Present Value of Future Sales Tax Revenue) wu ~ C .Z ~ Wa 7~ ~ 3 K '- U F u O,1 W C S J ~ W ~ ~ W ? N } C1 e W f pv ~ u a -. 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N W N 'p N .~. 9 ~ O ~ N ~' ~ n m ~gE~cxo a ac47 ~ -p ~ _ '~ C C1 Q O Q1 7 Q ¢ ~ N a~ 3 ~ N N ~ N ~ 7 a~ °.' ~ w Z .... v v j ~ ~ Exhibit D Heron Point of Plainfield Eligible Costs for Sales Tax Rebate $ Amount Eligible Off-Site Public Improvement Costs Route 30 & Renwick Road Improvements 50,000 Offsite Sewer Extension 60,000 Offsite Electric Extension 30,250 Repave Existing Frontage Road 30,000 Engineering Fees 15,750 Total Off-Site Improvements $186,000 Eligible On-Site Improvement Costs Demolition of Existing Buildings 121,000 Frontage Road Extension & Cornrnon Driveways 28,000 @ 24.8% (total cost $112,868) Total On-Site Improvements $149,000 Total Eligible Costs $335,000** Contingent Eligible Costs Route 30 & Renwick Road Improvements $65,000 in excess of $50,000 **Only $160,000 of eligible casts to be rebated to developer