HomeMy Public PortalAboutResolution 1118RESOLUTION NO. 1118
A RESOLUTION AUTHORIZING THE EXECUTION OF A RECAPTURE
AGREEMENT FOR VAN DYKE ROAD BETFTEEN THE VILLAGE, POST
OFFICE AND FRANK KELLER TRUST.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS:
I: That the Village President is hereby authorized to execute and
the Village Clerk is hereby authorized to attest to the
execution of a Recapture Agreement in a form substantially
similar to the attached exhibit for Van Dyke Road between the
Village, Post Office and Frank Keller Trust.
PASSED THIS 11th .DAY OF SEPTEMBER, 1995.
ILLAGE CLE
APPROVED THIS 11TH DAY OF SEPTEMBER,1995.
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AGREEMENT
AN AGREEMENT TO PROVIDE FOR THE RECAPTURE OF PAYMENT FOR
OFFSITE STREET ROADWAY AND OTHER PUBLIC IMPROVEMENTS.
This Agreement made this day of , 1995, by and between The United
States Postal Service, an Independent Establishment of the Executive Branch of the
Government of the United States of America, (hereinafter referred to as the "Postal Service"),
and the Village of Plainfield, a municipal corporation located in Will County, Illinois
(hereinafter referred to as "Village"), and the Frank Keller Trust, Trust Number 7-777 at
Firstar Naper Bank, (hereinafter referred to as the "Kellers")
WHEREAS, the Kellers are the owners of record of real estate described on Exhibit
"A" (hereinafter referred to as the "Subject Property"), which has been annexed to the
corporate limits of the Village of Plainfield; and
WHEREAS, the Postal Service intends to receive title from the Kellers to a certain
property as described as Exhibit "B" which is a portion of property included in Exhibit "A",
with the expressed ,intent to construct a new postal facility for the Village and it's
surrounding service area; and
WHEREAS, the Village requires that as a prerequisite to the approval of a final plat
of subdivision, if required, that the Postal Service make certain offsite street, roadway and
right of way improvements (hereinafter collectively referred to as the "Improvements"); and
WHEREAS, the Improvements are in excess of the Postal Service needs for the subject
property and are valuable and substantial improvements to the Village's roadway network
and storm water management systems; and
WHEREAS, the Improvements are anticipated to be used by adjoining and nearby
property owners; and
WHEREAS, the Improvements will be dedicated to the Village as provided by the
Village's Subdivision Ordinance; and
WHEREAS, it is the opinion of the corporate authorities of the Village of Plainfield
that such Improvements may be used for the benefit of property other than that described
in Exhibit "B" including other property described in Exhibit "A", and property described in
Exhibit "D" (the property commonly known as the Larry's Diner property) which said other
properties are adjacent to said improvements referred to herein; and
WHEREAS, the Village is authorized by the Illinois Municipal Cade (65 ILCS 5/9-5-1
et seq.) to enter in agreements to provide for the recapture of all site improvements costs.
NOW, THEREFORE, in consideration of the Covenants and Conditions herein
contained, it is agreed as follows:
Section 1. Resolution.
The Village shall adopt a Resolution
authorizing the execution of this Agreement.
Section 2. Road Right-Of-W
That the property legally described
on Exhibit "C" attached hereto specifically includes that portion of the property referred to
as the Dedication of Right-of-Way for a new North/South collector road, hereafter referred
to as Van Dyke Road extended which indicates hereinafter aRight-Of-Way consisting of 80
feet East to West and 1,256 feet North to South. Said Right-Of--Way is adjacent to the Post
Office site on it's westerly 600 feet. All property adjacent to said Exhibit'"C", including the
property described in Exhibits "A" and "D" shall constitute the benefitted properties.
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Section 3. Road Design. Postal Service intends to begin construction,
at its expense, of Van Dyke Road extended from the Right-Of-Way of U. S. Raute 30 North.
Said road to be designed by the Postal Service and approved by the Village. Design. shall
be of a collector cross section having 37 feet of pavement from back of curb to back curb,
with a protected center median at U. S. Route 3D and intersection returns for a future
East/West road at about the midsection of Van Dyke extended. In addition to the road, the
Postal Service will construct the necessary storm sewer facilities, as well as extending a 10
inch ductile iron watermain the length of the read. The estimated costs of these
improvements are to be $378,000.
Section 4. Financing. In that the Village views the extension of
Van Dyke Road to serve a community benefit by potentially fostering economic
development, as well as commencing the construction of a critical component of it's
transportation network, .the Village agrees to provide up to 25% of the cost not to exceed
$100,000.00 for said construction. Said monies to be recapturable to the Village and the
Postal Service upon payment by the benefitted properties at a reasonable rate as set-forth in
Section #7. Said financing is available to the Postal Service upon completion of the
improvement along with a detailed Engineer Certification of said costs. The Postal Service
agrees to finance the balance of the construction costs, estimated at $278,000, and to also
seek a recapture of said costs less their pro-rata share based upon frontage as measured from
the center line of all adjacent Right-Of-Ways.
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Section 5. Reca ture fvtethodolo In the event that the Postal
Service and the Village makes the required improvements to Van Dyke Road extended, they
shall be entitled to recapture the actual cost of the improvements including design and
engineering fees as certified by the Past Office Engineer based upon a frontage calculation.
The frontage calculation shall extend to the centerline of all Rights-Of-Ways adjacent to the
benefitted properties on both sides of the Improvements. It is recognized that the
proportionate shares set forth herein represent the proportionate share of the respective
benefitted parcels if the Postal Service improves Van Dyke Road Extended.
As for an example:
Benefit Fronta e Proportionate
2 Times Total Project Frontage Share
Section 6. Reca ture Collection. Prior to approving any final plat of
subdivision (or planned unit development), any site development plan, or the connection
to or use of said improvements, or the issuance of any building permit on any of the
benefitted parcels except from the pasta) site, the Village shall collect any recapture amount
due to the Postal Service and the Village.
Section 7. Interest. In addition to the recapture amounts set
forth herein, the Postal Service and the Village shall receive interest on the principal amount
actually expended. Interest shall accrue at the annual interest rate of 5% and shall begin
to accrue commencing two (2) years after acceptance of the improvements.
Section 8. Recapture Distribution. Upon collection of the
recapture amounts, the Village will distribute said monies to the Postal Service and the
Village based upon the financial participation of each, excluding the Postal Service's pro-rata
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share, within 30 days of receipt of funds.
Section 9. Acceptance.
The Improvements shall be accepted by the
Village upon request of the Owners and recommendation by the Village Engineer.
Section 10. Reca ture Period. The Postal Service and the Village
shall be entitled to the recapture as herein provided for a period of 15 years after acceptance
of the Improvements by the Village.
Section 11. Additional Road Construction. In the event that the
benefitted property lying directly South of the Post Office site develops, and as a condition
of said development construct a Public Street within the adjacent Right-Of-Way, the Postal
Service will reimburse the developer 1/2 the cast of the new improvements with an amount
not to exceed $48,750.00. Said casts are payable to the developer upon acceptance of the
improvements by the Village of Plainfield. In order to secure this payment the Village will
maintain in escrow any recapture fees paid to the Postal Service until said time that the sum
of $48;750 is collected. Should this additional road not be constructed prior to the
expiration of this agreement, the Village will refund the escrow with its accumulated interest
to the Postal Service.
Section 12. Acknowledgement. The Village, Postal Service and the
Kellers acknowledge that the Agreement shall be binding upon and inure to the benefit of
the parties hereto, their respective successors in title to the subject benefitted property, and
their successors and their assignees, upon any successor municipal authorities of the Village
and upon any successor federal authorities of the United States .Postal Service for a period
of 15 years from the date of execution hereof, or far any such extended time that may be
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.authorized by law.
Section 13.
Nothing in this Agreement shall in any way prevent the
alienation, encumbrance, or sale of the property developed by Postal Service or Keller's or
any portion thereof; and any subsequent owner or owners shall be both benefitted and
bound by the conditions and restrictions expressed in this Agreement.
Section 14. Within thirty (30) days after its execution, this Agreement shall
be recorded in the office of the Recorder of Will County, Illinois.
Section 15. Unless otherwise notified in writing, all notices, requests and
demands called for by this Agreement or otherwise, shall be in writing and shall be
personally delivered to, or mailed by the United States Certified Mail, postage prepaid and.
Return Receipt Requested, as follows:
For the Villa e
John E. Peterson
Village President
TO: Village Hall
140D Division Street
Plainfield, IL 6D544
For the Post Office
With cogvTto:
James B. Harvey
Attorney At Law
McKeown Law Offices
2455 Glenwood Avenue
Joliet, IL 60435
With catay to:._
Henry O. Klein James Kinne
Contracting Officer 222 S. Riverside Plaza
TO: 222 S. Riverside Plaza Chicago, IL 60606-6150
Chicago, IL 60606-6150
For the Kelley's With co ta:
TO: Frank Keller, Sr. Edward 1. Welch
27 W. 233 95th Street Attorney At Law
Naperville, IL 60565 123 Water Street
Naperville, IL 60540
b
Section 16. a) This Agreement shall be governed by the Federal Laws
of the State of Illinois and shall be enforceable in any United States District Court of
competent jurisdiction by any of the parties hereto, by any appropriate action at law or in
equity to secure the performance of the covenants herein cantained.
b) If any provision of this Agreement is held invalid, such provision shall
be deemed to be excised therefrom, and the invalidity thereof shall not effect any of the
other provisions cantained herein.
Section 1 T. The Parties agree that this Agreement and any exhibits attached
hereto, may be amended only by the mutual consent of the Parties, by the adoption of an
ordinance or resolution of the Village approving said amendment or resolution, as provided
by law, and the execution of said amendment by the parties or their successors in interest.
Section 1.8. Except as hereinafter expressly provided; this Agreement
supersedes all prior agreements, negotiations and representations and is a full integration of
the entire agreement of the parties.
Section 19. To the extent of any conflict, ambiguity or inconsistency
between the terms, provisions or standards contained in this Agreement and the terms,
provisions or standards, either presently existing or hereafter adapted, in the Village Zoning
Ordinance, the Village Subdivision Control Ordinance, the Village Site Plan Ordinance or
any other Village Code, ordinance or regulation, the terms, provisions and standards of this
Agreement shall govern and control.
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Section Z0. The parties hereto acknowledge one to the other, that all actions
necessary to be taken in order to authorize and approve the execution and performance of
this Agreement have been taken.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals,
and have caused this instrument to be executed by their duly authorized officials and the
corporate seal affixed hereto,. all on the day and year first above written.
VILLAGE: VILLAGE OF PLAINFIELD
BY:
ATTEST:
VILLAGE CLERK
BY:
VILLAGE PRESIDENT
UNITED STATES POSTAL SERVICE
It's Agent
FRANK KELLER TRUST,
TRUST NUMBER 7-777 AT
FIRSTAR NAPER BANK
BY:
It's Agent
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STATE OF ILLINOIS )
SS.
COUNTY OF WILL )
I~ , a Notary Public in and for said County, in the state
aforesaid, DO HEREBY CERTIFY THAT
and personally known to me
to be the same persons whose names are subscribed to the foregoing instrument appeared
before me this day in person and acknowledged that signed, sealed and delivered the
said instrument. as free and voluntary act, for the uses and purposes therein set
forth.
Given under my hand and notarial seal this day of , 7 995•
Notary Public
IMPRESS
SEAL
HERE
MY COMMISSION EXPIRES
STATE OF ILLINOIS )
)SS.
COUNTY OF WILL )
I, the undersigned, a Notary Public in and far the County and State aforesaid, do
hereby certify that and personally
known to me to be the President and Secretary, respectively, of
,and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such President and
Secretary, they signed and delivered the same instrument as President and
Secretary of said and caused the corporate seal of
said to be affixed thereto, ,pursuant to authority given by the
as their free and voluntary act, and as the
free and voluntary act and deed of said ,for the uses and
purposes therein set forth.
Given under my hand and notarial seal this day of , 1995•
Notary Public
IMPRESS
SEAL
HERE
MY COMMISSION EXPIRES
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