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Home My Public Portal AboutOrdinance 2721 ORDINANCE NO. 2721 AN ORDINANCE ADOPTING AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC FOR THE VILLAGE OF PLAINFIELD 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, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: I. 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 17TH DAY OF DECEMBER, 2007. AYES: Lamb, Manning, Racich, Vaupel, Dement, Fay NAYS: None ABSENT: None APPROVED THIS 11TH DAY OF NOVEMBER, 2008 VILLAGE O F PLAINFIELD /7 BY: 44 LAGE PRESIDENT ATTES : L")( / I VILLAGE CLERK ' y 111 11111111111111111111111111111111111111111 R2011051262 STATE OF ILLINOIS ) Receipt # T20110058660 ) SS. Karen A. Stukel Will County Recorder 16P COUNTY OF WILL ) CK Date 06/01/2011 Time 10:14:54 Recording Fees: $36.75 IL Rental Hsng. Support Program: $0.00 I, Michelle Gibas, the duly appointed Village Clerk of the Village of Plainfield, Will and Kendall Counties, Illinois, do hereby certify that the above and foregoing is a true and correct copy of a First Amendment to an agreement authorizing reimbursement for construction of improvements beneficial to the public. IN WITNESS WHEREOF, this 24th day of May, 2011. r MICHELLE GIBAS, VILLAGE CLERK (SEAL) Updated 2/6/08 FIRST AMENDMENT TO A CERTAIN AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD,ROBERT HINTZSCHE, SHIRLEY HINTZSCHE, JEAN SENECA,AND FRANK SENECA DATED FEBRUARY 6, 1995, TITLED "AN AGREEMENT TO PROVIDE FOR THE RECAPTURE OF PAYMENT FOR OFFSITE STREET, ROADWAY AND OTHER PUBLIC IMPROVEMENTS", RECORDED IN WILL COUNTY AS DOCUMENT NUMBER R95-060994 PIN: 06-03-16-400-008 06-03-21-200-009 06-03-21-200-008 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 17 day of Der , 2001 (hereafter referred to as the "AGREEMENT") by and between the VILLAGE OF PLAINFIELD, an Illinois municipal corporation, located in Will and Kendall County, Illinois, (hereafter referred to as "VILLAGE"), the estate of Shirley Hintzsche (hereafter referred to as "UNIT 1 OWNER") and Beechen & Dill Builders, Inc. (hereafter referred to "DEVELOPER"). WHEREAS, UNIT 1 OWNER was the owner and developer of real estate described in Exhibit"A" (hereinafter referred to as the "SPANGLER FARM PARCEL"); and WHEREAS, UNIT 1 OWNER sold Unit 2 of Spangler Farm to DEVELOPER; and WHEREAS, DEVELOPER is the developer of real estate described in Exhibit "A" (hereinafter referred to as the "SPANGLER FARM UNIT 2 PARCEL"); and 133839/1 Updated 2/6/08 WHEREAS,DEVELOPER has made certain offsite street, roadway, right of way, and utility improvements to Renwick road from the Commonwealth Edison right-of-way east generally to Illinois Route 59 (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 WHEREAS, it is the opinion of the corporate authorities of the VILLAGE that such IMPROVEMENTS benefit the BENEFITED PROPERTY legally 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; and WHEREAS, the VILLAGE has adopted a recapture agreement which was recorded as Document No. R95-060994 in the office of the Will County Recorder; and WHEREAS, the VILLAGE, UNIT 1 OWNER, AND DEVELOPER desire to amend said recapture agreement to accurately identify the certified construction cost and the outstanding recapture obligation due from benefiting properties; and WHEREAS, the VILLAGE, UNIT 1 OWNER, AND DEVELOPER desire to amend said recapture agreement to accurately identify the party entitled to recapture which is the DEVELOPER; and WHEREAS, the VILLAGE, UNIT 1 OWNER, AND DEVELOPER desire to amend said recapture agreement to extend the duration of the recapture term to provide DEVELOPER an opportunity to recover its expenditure in designing, engineering, and constructing the IMPROVEMENTS which benefit the entire VILLAGE and the BENEFITED PROPERTY; and WHEREAS, the VILLAGE, UNIT 1 OWNER, AND DEVELOPER desire to amend said recapture agreement to release the Hintzsche Farmstead, legally described in Exhibit"B" from any and all recapture obligation to DEVELOPER. 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. 133839/1 LI Updated 2/6/08 SECTION 2 The cost of the IMPROVEMENTS, as described in Exhibit "B", attached hereto and made a part hereof, have been certified in the sum of Three Hundred Seventy Thousand, Nine Hundred Sixty-Nine Dollars ($370,969.00). The DEVELOPER shall be entitled to recapture fifty percent (50%) of those costs constituting the IMPROVEMENTS in the amount of One Hundred Eighty-Five Thousand, Four Hundred Eighty-Four Dollars ($185,484.00) from the BENEFITING PROPERTY as described in Exhibit "B". The VILLAGE has accepted the IMPROVEMENTS and the DEVELOPER has provided the VILLAGE with certified costs for said IMPROVEMENTS. SECTION 3 The VILLAGE agrees to assist the DEVELOPER in collecting said sum of$185,484.00 from the BENEFITING PROPERTY, including requiring said payment as a condition of any annexation, final plat of subdivision or issuance of any building permits, 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 (30th) 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 the following 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) August 31, 2023, which is 20 years from the date the IMPROVEMENTS were completed and accepted by the VILLAGE. SECTION 6 Interest at the rate of seven percent (7%) per annum will be charged on any unpaid amounts beginning two years after the completion and acceptance of the IMPROVEMENTS and continuing until August 31, 2013. From September 1, 2013 to the expiration of this agreement, no additional interest shall accrue. The total amount of interest accumulated shall not exceed one hundred and three thousand dollars eight hundred seventy one dollars and four cents ($103,871.04). Interest will be assessed on a pro-rata basis to each of the BENEFITED PROPERTIES. The Village shall collect both the interest accumulated payable to Developer and 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 The Village shall not be obligated to make any payments to the DEVELOPER unless said recapture funds are actually received from the BENEFITING PROPERTY. The DEVELOPER shall bear all costs of enforcing or defending the implementation of this 133839/1 Updated 2/6/08 Agreement and shall hold the Village harmless and pay on behalf of the Village and its officers any damages assessed to 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 its 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; 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. If to the VILLAGE: Village Clerk Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 If to DEVELOPER: Gerald Dill Beechen&Dill Builders Inc. 7512 County Line Road Burr Ridge, IL. 60521 133839/1 • Updated 2/6/08 With a Copy To: Vincent M. Rosanova, Esq. Dom_mermuth, Brestal, Cobine & West,Ltd. 123 Water St. Naperville, IL 60540 SECTION 11 If any provision, clause, word or designation of this Agreement is held to be invalid by any court of 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 laws, 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 11 DAY OF -Dec , 20b7. [SIGNATURE PAGES TO FOLLOW] 133839/1 Updated 2/6/08 VILLAGE OF PLAINFIELD B1 —.oar ,/ LLAGE PRESIDENT 6./ ATTEST: l) F ace /.2„ag_. VILLAGE CLERK Subscribed and sworn to before me this /7 day of bEC e vibe✓ , 20 07. OFFICIAL SEAL DARCY A REED NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:09125112 /0;b1/2 .',9/ )41 NOTARY BLIC Y i I 'j.e 0 Jl ci h fid P��✓i e%�; l es-vy e le 133839/1 Updated 2/6/08 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS 133839/1 LEGAL DESCRIPTION OF THE ACTUAL SPANGL 'S FARM SUBDIVISL THE SOUTH 60 RODS OF THE SOUTHEAST QUARTER OF SECTION 16 , TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM TAE WEST 451.97 FEET OF THE EAST 2029 FEET OF THE SOUTH 241 FEET OF SAID SOUTHEAST QUARTER; ALSO EXCEPTING THEREFROM THE SOUTH 400 FEET OF THE EAST 1060 FEET OF SAID SOUTHEAST QUARTER; ALSO EXCEPTING THEREFROM THE EAST 50D FEET OF THE NORTH 590 FEET OF THE SOU'G'H 60 RODS OF SAID SOUTHEAST QUARTER, ALL IN WILL COUNTY, ILLINOIS. 920259\legals PIN 03-16-400-013 (Partial Divided) Updated 2/6/08 EXHIBIT B DESCRIPTION OF BENEFIT AREA& ESTIlVIATED COST 06-03-16-400-008: Hintzsche, Robert & Shirley, 24248 W. Renwick Road, Plainfield, Illinois 60544 06-03-21-200-009: Firstar Bank Illinois TR 7-2199, 104 North Oak Park Avenue, Oak Park, Illinois 60301 06-03-21-200-008: George R. Waite Rev Lvg Tr & Norma L. Waite Rev Lvg Tr, 1850 Plainfield-Naperville Road, Plainfield, Illinois 60544 LEGAL DESCRIPTION(S): f9 133839/1 )u LEGAL DESCRIPTION OF THE HINTZSCHE FARMSTEAQ THE WEST 451. 87 Fth'1' OF TRF EAST 2029 FEET OF THE SOUTH 241 FEET OF Th. SOUTHEAST QUARTER OF S ,CTION 16 , TOWNSHIP 36 NORTH, RANGE 9 EAST OF fliE THIRD PRINCIPAL MERIDIAN, PLAINFIELD TOWNSHIP, WILL COUNTY, ILLINOIS. PIN 03-16-400-008 11 LEGAL DESCRIPTION OF THE LARGE UNSUBDIVI1)ED PARCEL WHICH LIES TO THE SOUTH OF RENWICK ROAD THE NORTH 1198.95 FEET OF THE NORTHEAST QUARTER OF SECTION 21, AS MEASURED ALONG A LINE THAT IS PERPENDICULAR TO THE NORTH LINE_ OF THE NORTHEAST QUART4R OF SECTION 21, _TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAi• MERIDIAN, EXCEPTING THE NORTH 200.00 FEET OF THE WEST 392.00 FEET THEREOF, IN WILL COUNTY, ILLINOIS AND CONTAINING 71 ACRES, MORE OR LESS. _ PLN 03-21-200-009 Parcel 5 LEGAL DESCRIPTION OF SMALT. t�NstYBDIVIDEP PPRCEL 'am NORTH 200 FEET OF 'i'HE WEST 392 FEET OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS AND CONTAINING. 1. 80 ACRES, MORE -OR LESS. PIN 03-21-200-008 fi Prepared by: Exhibit B Updated:December 13,2007 Village of Plainfield Spangler Farm/Renwick Road Recapture Community Dev't Dept Cost Allocation Cost Amount Parcel (PIN) Parcel Description Allocation Subject to Notes Recapture Cost for improvements on north half of Renwick 06-03-16-400-013 Spangler Farm Subdivision $ 143,194 $ _ adjacent to Spangler Farm were addressed via separate sales contract between Owner and Developer. Developer agrees to forego recapture from Hintzsche Farmstead due to separate 06-03-16-400-008 Hintzsche Farmstead $ 42,290 $ - sales contract and in consideration of consent of recapture distribution being allocated to the Developer. Fair share cost based on 06-03-21-200-008 Small Unsubdivided Parcel $ 18,548 $ 18,548 parcel frontage along Renwick road. Fair share cost based on 06-03-21-200-009 Large Unsubdivided Parcel $ 166,936 $ 166,936 parcel frontage along Renwick road. Totals: $ 370,968 $ 185,484 13 Updated 2/6/08 EXHIBIT C MAP OF BENEFIT AREA 111 133839/1 Iv VILLAGE OF PLAINFIELD, ILLINOIS SPANGLER FARM -RENWICK ROAD RECAPTURE ` \ ( _. / I y �WI�1MOIL� 1\ --L--J i I I i o I Q ,buy 11Y . --_.- • KC // 1 1 T-----(-1- I I I 11 I I Y \ ''✓ r I I 1 1 I I -"-.. 1 1 1 1 1 1 ----- -c--t--\�_ _.11-_11__l.i- 1 ri --1t.-- '-`-t- -Jr - .7-1-L71 1-_.. ....4...-----._---- ____-.__-}------a GETSON A7 \\ \\ \\ �CRO11LA�D� DR. }-- c��--- � \ /ce -- o I r� \ J_I o_ +...._._ o_� _- - � _ __ _ �/ Z J _ - i I I 1 1 ! / I _tom-- { 1 ---_ - -IT z -_ I I I i-1-1-x-7L. / / 1 I _}__1..._y..._- _..I - __ __.._...._._....... I I I I '17`l I 1 HINTZSCHE I _..__--- / t cm y. >_�J _ 11 I T r' - I I I I I 1 ROBERT SHIRLEYI _ W FARM TEAD ILNI. J H SPANGLER FARM-----1 03-16-400-008 1 __ ........__-- _____ _J__L_L JI I -z.1 03-16-4Q0-0131 j N eR ANI Ay ENIU EI I I I I _�.__)I I1 Ii 1 - -1-—I—-1--1---I-- - --1-1-_ I I I I I I I I — 1 I 1 - ll''\ C I I I 1 RENWICK ROAD / RENWICKROAD 1---- I ---I --- -_ Ji - -- FIRSTAR BANK ILLINOIS ACCESS RD > >_ -23 7-2199 Z 03-21-200-009 o .23 I rl `n r— T Y BRITTANY �STRET a O WAITE GEORGE R REV LVG TR ---- -a--- -(( i 1I J I I Z WAITE NORMA L REV LVG TR -. I __ - 1 l _-. —I—__ Y O— 03-21-200-008 in o I -' __.__-- -_L _ __ N tir- W __...._.... W+E N. i I I I I I I I i I I I I I I i , I I MISTWOOD DR __ ... / V f I I i I I ( 1 1 I 1 i i t---- SCALE: 1" = 300' SOURCE:PARCEL OWNER WILL COUNTY TREASURER'S OFFICE WEB SITE(VIEW 2007 TAXES) n A X , n Baxter& Woodman I:\Pik&\GENERAL\ capture\Spangler—Renwkk\renwlck recop.dwg— 11X17 N,,,, rea Cloyed: 5-02008 O OSOmn By:Woodman, 11.0. w�� Copyright O 2008,BY Barter&Woodnwn,Inc. 11.0. sr MwAr� State of .n— —- 11 —Design Firm edfwrw Mote No.— 184-001121 —Expires 4-30-09 •�c c a M.+�� elge�e e�eu.e erre.ee-.,e, e,uir.iirew Updated 2/6/08 EXHIBIT D AMENDMENTS TO AGREEMENT NONE 133839/1 1"