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HomeMy Public PortalAboutResolution 1392RESOLUTION NO. 1392 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC 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. WHEREAS, it is the opinion of the corporate authorities of the VILLAGE that such IMPROVEMENTS benefit the property described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES THAT THE VILLAGE PRESIDENT IS AUTHORIZED TO EXECUTE THE ATTACHED AGREEMENT PASSED THIS 15th DAY OF December , 2003 AYES: Swalwell, O'Connell, Thomson, Fay, Waldorf, Collins. NAYS: 0 ABSENT:O APPROVED THIS 15th DAY OF December , 2003. ~.. .- ~ -_ ~. r - .. ~ ~ ~ - - VILLAGE PRESIDENT ~, - - LLAGE CLER AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC PIN : 01-28-300-02.1; 01-28-300-0 4. 01-29-400-020; 01-29-400-006; 01-32-200- 005, 01-33-100-006' 01-29-300-002' D 1-29-300~009s 01-32-100-002; 01-32-200- D01 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 15 day of December, 2003 (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 WISEMAN-HUGHES ENTERPRISES, INC. (hereafter referred to "DEVELOPER"). .WHEREAS, DEVELOPER is the owner of record of real estate described in Exhibit "A" (hereinafter referred to as the "TUTTLE PARCEL"); and WHEREAS, DEVELOPER has made certain offsite street, roadway, right of way., and utility improvements to 127' Street in the following location: the south side of 127t" Street, west of Van' Dyke Road and east 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 Page 1 of 15 "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 Cade (65 ILCS 5/9-5-1 et. seq.) to enter into agreements to provide for the recapture of affsite improvement casts. 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 apart hereof, have been estimated in the sum of eight hundred seventy-seven thousand two hundred and nine dollars and seventy cents ($877;209.70) dollars. The DEVELOPER shall be entitled to recapture eighty.- four(84%) percent of those casts constituting the IMPROVEMENTS in the amount of seven hundred thirty-five thousand, four hundred thrity-two dollars and six cents ( 735 432.06) dollars from the BENEFITING PROPERTY as described in Exhibit "B". At the time the Village accepts the improvements far 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. SECTION 3 The VILLAGE agrees to assist the DEVELOPER in collecting said sum of $735.432.06 from the BENEFITING PROPERTY, including requiring said payment as a condition of any final plat of subdivision ar 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, na later than the thirtieth (30th) day of the month following the month of this receipt. Page 2 of 15 SECTION 5 The term of this Agreement shall remain in full farce 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 costs of enfiarcing or defending the implementation of this Agreement and shall hold the Village harmless and pay an 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, with receipt requested therefore; ar (ii) sent by telecapy 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 Earth below, and the same shall be effective: a) upon receipt or refusal ifi delivered personally or by telecapy facsimile; Page 3 of 15 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. Page 4 of 15 If to the VILLAGE If to DEVELOPER: Village Clerk Village of Plainfield 24000 W. Lockport Street Plainfield, IL fi0544 Mr. Larry Vaupel Wisman-Hughes Enterprises Inc. 975 E. 22"d Street Wheaton, IL 601$7 SECTION 11 If any provision, clause, ward or designation of this Agreement is held to be invalid by any court or competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any other provision, clause, word or designation contained herein. Notwithstanding the foregoing, if a court of competent jurisdiction determines by final order that the amount of the fees or interest payable hereunder exceeds the amount that may be recaptured by the DEVELOPER under currently existing or subsequently enacted by law, then such amount shall be automatically reduced to such amount as the court then determines would conform to such requirements of law so that the provision establishing the fees and interest payable maybe given force and effect. The parties agree all actions instituted to enforce this Agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. APPROVED THIS I~DAY OF.U~~- , 20~.~ VILLA OF PLAINFIELD BY V PR SIDE T ATT ST: VILLAG LERK Subscribed and sworn to before me t ~ ~~ day of ~~ , , 20 d3. "OFFICIAL SEAL" Michelle Gibas Notary Public, State oP Illinois My Commission~xp,D7/zz/2007 NOTARY PUBLIC Page 5 of 15 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS TUTTLE PARCEL FIN 01-32-100-002 THE NORTHWEST QUARTER OF SECTION 3.2, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERLDIAN, (EXCEPT THE WEST 40 RODS), IN WILL COUNTY, ILLINOIS. Page 6 of 15 ' EXHIBIT B DESCRIPTION OF BENEFIT AREA 8~ ESTIMATED COST LEGAL DESCRIPTION(S): LEGAL DESCRIPTION -PAUL MILLER PARCEL PIN 01-28-300-Q21 (FORMERLY 01-28-300-007 & 01-2$-300-013) THE EAST HALF OF THE SOUTH SIXTY (60) ACRES OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, (RECORDED AS DOCUMENT R91-51826, DATED SEPTEMBER 11, 1991), AND ALSO THE NORTH FIVE (S) ACRES OF THAT PORTION OF THE SOUTH SIXTY (60) ACRES, EXCEPT THE EAST THIRTY. (30) ACRES THEREOF) OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN WILL COUNTY, ILLINOIS. LEGAL DESCRIPTION -ANNA KUNG PARCEL PIN 01-28-300-014 THE WEST HALF OF THE SOUTH SIXTY (60) ACRES OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, (RECORDED AS DOCUMENT R91-S 1826, DATED SEPTEMBER 11, 1991), EXCEPT; THE NORTH FIVE (S) ACRES OF THE WEST HALF OF THE SOUTH SIXTY (60) ACRES, OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN WILL COUNTY, ILLINOIS. Page 7 of 15 EXHIBIT B (continued) LEGAL DESCRIPTION - FBF DEVELOPMENT PARCELS PIN 01-29-400-020 PARCEL 1 A PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE NORTH 745.31 FEET THEREOF) BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 29; 556.31 FEET TO A POINT THAT IS 771.02 FEET EAST OF THE SOUTHWEST CORNER OI~ THE EAST HALF OF THE SOUTHWEST CORNER; THENCE NORTH, PARALLEL WITH THE EAST LINE OF SAID SECTION 29, 782.40 FEET TO THE SOUTH LINE OF THE NORTH 1116.54 FEET OF THE ABOVE MENTIONED TRACT; THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER, 556.29 FEET TO THE EAST LINE OF SECTION 29; THENCE SOUTH ALONG THE SAID EAST LINE 783.71 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY, ILLINOIS. PARCEL 2 A PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING MORE FULLY DESCRLBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 29, 564.67 FEET; THENCE EAST, PARALLEL TO THE SOUTH LINE OF SAID SECTION 29, 771.91 FEET; THENCE SOUTH, PARALLEL WITH THE EAST LINE OF SAID SECTION 29, 564.66 FEET TO THE SOUTH LINE OF SAID SECTION 29; THENCE WEST, ALONG THE SOUTH LINE OF SAID SECTION 29, 771.02 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY, ILLINOIS. SAID PARCELS RECORDED AS DOCUMENT R96-084781, DATED SEPTEMBER 23, 1996. Page $ of 15 EXHIBIT B (continued) LEGAL DESCRIPTION -BEVERLY MILLER PARCEL PIN 01-29-400-006 LOTS 2 AND 3 OF COMMISSIONERS' SUBDIVISION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN AS MORE PARTICULARLY SHOWN IN COMMISSIONERS' REPORT AND PLAT ATTACHED THERETO, FILED IN CAUSE NO.22523, JOHN FINDLAY, ET AL. VS. JAMES FINDLAY, ET AL., IN THE CIRCUIT COURT OF WILL COUNTY, ILLINOIS, TO WHICH RECORD REFERENCE IS HEREBY MADE, EXCEPT PUBLIC SERVICE COMPANY RIGHT-OF-WAY AND PORTION CONDEMNED IN THE COUNTY COURT OF WILL COUNTY OF JUNE 11, 1923, NO. 4986; ALL IN WILL COUNTY, ILLINOIS. LEGAL DESCRIPTION -KING PARCELS PIN O1-29-300002 02-32-200-005 THAT PART OF THE EAST HALF OF THE WEST HALF OF SECTION 29, IN TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH AND WEST OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. ROUTE NO. 30, IN WILL COUNTY, ILLINOIS; ALSO, THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, IN TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THLRD PRINCIPAL MERIDIAN, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF LAND CONVEYED TO COMMONWEALTH EDISON COMPANY, A CORPORATION OF ILLINOIS BY WARRANTY DEED RECORDED NOVEMBER 1.3, 1962 AS DOCUMENT NO. 970766, IN WILL COUNTY, ILLINOIS; RECORDED AS DOCUMENT R88-57486, DATED NOVEMBER 30, 1988 IN WILL COUNTY, ILLINOIS. Page 9 of 15 EXHIBIT B (continued) LEGAL DESCRIPTION --- BRONK PARCEL PIN 01-33-100-005 THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT 890- 12650, DATED MARCH 9, 1990 IN WILL COUNTY, ILLINOIS. LEGAL DESCRIPTION - - ROUSONELOS PARCEL PIN O 1-29-300-009 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD FRINCIFAL MERIDIAN, IN WILL COUNTY, ILLINOIS CONSISTING OF 120 ACRES MORE OR LESS. RECORDED AS DOCUMENT 886-03984, DATED FEBRUARY 3, 1985 IN WILL COUNTY, ILLINOIS. LEGAL DESCRIPTION - TUTTLE PARCEL PIN O1-32-100-002 THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THE WEST 40 RODS), IN WILL COUNTY, ILLINOIS. LEGAL DESCRIPTION - CHAPLIN FARCEL PIN 01-32-200-001 ALL THAT PART OP THE NORTHEAST QUARTER OF SECTION THIRTY-TWO (32) TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE NINE (9), EAST OF THE THLRD PRINCIPAL MERIDIAN WHICH LIES WESTERLY AND SOUTHERLY OF THE HIGHWAY KNOWN AS LINCOLN HIGHWAY OR UNITED STATES ROUTE 30; AND ALSO THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION WHICH LIES EASTERLY AND NORTHERLY OF THE RLGHT-OF-WAY OF ELGIN, ]OCTET AND EASTERN RAILWAY COMPANY, EXCEPT, HOWEVER THAT PART THEREOF CONVEYED TO COMMONWEALTH EDISON COMPANY, SUCCESSOR BY MERGER OF Page 10 of 15 EXHIBIT B (continued) PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS (PER DOCUMENT 95$125 RECORDED OCTOBER 16, 1927), RECORDED AS DOCUMENT 481335, DATED JUNE 18, 1935, IN WILL COUNTY, ILLINOIS. 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N A A saoA uAA C+ V ~P to V ~ ~ H ~ ~ ~ '~ ~~ ~~ N ~ N H9 6"+ fYf L~ n A O J T O O O 'x Y N N w~~ Q 4 ~ y .. .1D d ~.n ^. a~ P 4 ~ ~ry"~ a, in waoa W n-~ t~CC ~ m 4 0 N O W v m^_ ~ f~ d W a~ ~ 0 to Z N W A W N rn m xy i ~_ n ~ ~ (V p~ C W EXHIBIT C MAP OF BENEFIT AREA Page 13 of 15 G:\561\00215612EXIB2.DWG, Layout1, 10/08/2003,09:41:32 Alin, staveh ~~ n ~~ m ~~ r ~ z 0 D o ~. ~ g ~~ ~ ~~`~ ~~ N ~ ~. o NP~ N ~ g^ I ~ xa .. ~ w ~~ ~~ g ~~~ ~ m ~ ~ ~ ~ g ~ '° ~. s~ m D A ~N GG ' ~ -~ V p~~ ~~~ D m '~ ~' m m b ~~. ~ ~_ g I ~ ~ r~ z mm s ~( 0 ~ ~ ~. N ~~~ z Q ~€ g~w ~ N ~~~ ~ ~' 2 ~~ ~ ~ g~~ ~~~ ~~ ~~ ~~ ~~ a~ Pa e14~of15 EXHIBIT D AMENDMENTS TO AGREEMENT 1. MAF DEVELOPMENTS INC., (hereinafter "MAF") is the owner of record of real estate described in Exhibit "E" (hereinafter referred to as the " SOHOL PARCEL"). 2. .MAF and the. VILLAGE have shared a portion of the construction costs for the public improvments which are the subject of this Recapture Agreement and are therefore entitled to a portion of the funds recaptured from the Benefitted Properties. 3. Therefore, the recapture payments set forth in Exhibit B of this Agreement, plus any. applicable interest, when collected by the VILLAGE, shall be promptly paid to the VILLAGE, MAF, and WISEMAN-HUGHES as set forth on Exhibit B. 4. Notwithstanding anyhting to the contrary herein, the VILLAGE shall pay any amount due and owing under paragraph three of this Exhibit "D" to WISEMAN-HUGHES and MAF directly, using separate checks. Page 15 of 15 • ~ Richard A. Rock ` PRESIDENT Susan Janik VT1.,LAGE CI,T?RIC TRUSTEES Michael Collins MEMO Paul Fay Kathy O'Connell TO: Village President & Board of Trustees Ron Swalwell FROM: Stephanie Houk Sheetz, Planner Stephen Thomson DATE: December 1, 2003 James A. Waldorf RE: Tuttle/127t~ Waterm~ain Recapture The Tuttle Annexation Agreement (Ord. 2054 dated August 20, 2001) commits the Village to adopting recapture if the Developer oversizes sewer or water lines. In the case of Tuttle, the Village required an oversized watermain (20") to provide capacity for development of the surrounding area. Normally a developer would install the standard size water line (12") to serve their particular development. Wiseman-Hughes (the developer of Tuttle at 127t~' & Normantown) and MAF (developer of Shanendoah at 127' & Heggs) extended and oversized the water line from its terminus at Van Dyke and 127', thus serving their properties and those properties in between (along 127a'). The completed improvement included a waterline extension as well as oversizing. They are now requesting recapture for oversizing as well as the extended waterline that other developing parcels will no longer need to install, but will utilize. Exhibits B and C detail the recapture allocation in terms of the properties that benefit from this oversizing and the manner in which callected monies will be distributed between Wiseman-Hughes, MAF, and the Village. The Village receives a portion of the recapture because the Village has reimbursed Tuttle for the oversizing cost (minus Tuttle's share of the oversizing). ,Therefore, as these befitting properties develop, the recapture will be split three ways to reimburse the entities that have spent money on the improvement (Wiseman-Hughes, MAF, and the Village). The attached agreement consists of the Village's standard recapture agreement and exhibits that explain the benefiting properties and the amount to be collected. Recapture monies would be collected as a condition of any final plat of subdivision or before any building permits are issues, whichever occurs first. The costs listed in the recapture agreement have been reviewed and approved (certified) by Baxter 8c Woodman. Therefore, in accordance with the Tattle Annexation Agreement and the policies of the Village, staff recommends the following motion: I move we adopt Ordinance permitting recapture for the extension and oversizing of the 127`k watermain, as detailed in the attached Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public H:\PROJECTS\Recapture\Tuttle (127) Recapture\VB mcmo 12-1-03.doc