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.
Page 11 of 15
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EXHIBIT C
MAP OF BENEFIT AREA
Page 13 of 15
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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