HomeMy Public PortalAboutOrdinance 2830ORDINANCE NO. 2830
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:
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 2nd DAY OF February, 2009.
AYES: Fay, Lamb, Manning, Dement
NAYS: None
ABSENT: Racich, Vaupel
APPROVED THIS 2"d DAY OF February, 2009.
VILLAGE OF PLAINFIELD
BY:
ATTEST.
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VILLAGE CLERK
VI ' GE PRESIDENT
Updated 5/6/04
'!III I!!II! illy IIIIIII!IIII!II!I!illll! R2009029289
Receipt # T20090030031
Karen A. Stukel Will County Recorder 11P
JD Date 03/11/2009 Time 14:32:16
Recording Fees: $31.75
IL Rental Hsng. Support Program: $0.00
AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE
CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC
PINS for Benefiting Properties:
07-01-30-100-003
07-01-30-100-007
07-01-30-200-007
07-01-30-200-008
THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR
CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is
entered into this 2nd day of February, 2009 (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 FIRST NATIONAL BANK, AS TRUSTEE UNDER AGREEMENT
#8132, DATED DECEMBER 1, 2004 (hereafter referred to "DEVELOPER").
WHEREAS, DEVELOPER is the owner of record of real estate described
in Exhibit "A" (hereinafter referred to as the STEWART RIDGE PARCEL"); and
WHEREAS, DEVELOPER has made certain offsite street, roadway, and
right of way improvements to Heggs Road in the following location: across
approximately 1,138 feet of frontage of the STEWART RIDGE PARCEL,
including the two outlot parcels (hereinafter referred to as "ROADWAY
IMPROVEMENTS"); and
WHEREAS, the ROADWAY IMPROVEMENTS are valuable and
substantial improvements benefiting property described in Exhibit "B" and shown
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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 ROADWAY IMPROVEMENTS benefit the property 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.
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 ROADWAY IMPROVEMENTS, as described in Exhibit "B",
attached hereto and made a part hereof, have been estimated in the sum of four
hundred thousand, two hundred seventy-three and 32/100 (400,273.32) dollars.
The DEVELOPER shall be entitled to recapture sixty-four and 75/100 percent
(64.75%) of those costs constituting the ROADWAY IMPROVEMENTS in the
amount of two hundred fifty-nine thousand, one hundred eight -four and 91/100
(259,184.91) dollars from the BENEFITING PROPERTY as described in Exhibit
At the time the VILLAGE accepts the improvements for 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. VILLAGE acceptance, for the
purposes of recapture, will occur at the time of the Village Board reduces the
DEVELOPER'S performance guarantee (letter of credit or bond) for recapturable
improvements.
The VILLAGE recognizes certain improvements may occur in stages, therefore
the following certification process is permitted:
A) Roadways: Certification may occur in two phases. Phase one may
include: excavation, sub -base, base course, binder course, curb and
gutter, sidewalk, and storm sewer. Phase two encompasses all
remaining improvements which may include final surface course,
striping, and lighting.
B) Water and sanitary sewer: Certification will occur in one phase: at
completion.
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SECTION 3
The VILLAGE agrees to assist the DEVELOPER in collecting said sum of two
hundred fifty-nine thousand, one hundred eight -four and 91/100 (259,184.91)
dollars from the BENEFITING PROPERTY for ROADWAY IMPROVEMENTS,
including requiring said payment as a condition of any final plat of subdivision or
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, 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 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 or 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 enforcing or defending the implementation of this AGREEMENT and shall hold
the VILLAGE harmless and pay on 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.
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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 Exhibit D shall supersede those of the text.
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:
Fry Properties, Inc.
2244 W. 95th Street
Naperville, Illinois 60564
SECTION 11
If any provision, clause, word 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
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commenced and heard in the Circuit Court of Will County, Illinois, and hereby
waive venue in any other court of competent jurisdiction.
APPROVED THIS 2nd DAY OF FEBRUARY, 2009.
ATTEST
VILLAGE CLERK
VIL
B
PREPARED BY AND RETURN TO:
VILLAGE OF PLAINFIELD
24401 W. LOCKPORT STREET
PLAINFIELD, IL 60544
ATTN: VILLAGE CLERK
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GE QF PLAINFIELD.,
/
VILLAGE PRESIDENT
Subscribed and sworn to before me
this 2"d day of February, 2009.
aOTARY PUBLIC
&,(ialb
OFFICIAL SEAL
DARLENE A ENGLE
NOTARY PUBLIC . STATE OF ILLINOIS
MY COMMISSION EXPIRES:05/02/11
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY BEING
DEVELOPED WITH OFFSITE IMPROVEMENTS
PARCEL ONE (INCLUDES ANCILLARY PARCEL A)
THAT PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP
37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST
QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER 2103.35 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A";
THENCE SOUTHERLY ALONG SAID EAST LINE 168.0 FEET; THENCE WESTERLY ALONG A
LINE WHICH FORMS AN ANGLE OF 89 DEGREES 14 MINUTES 14 SECONDS WITH THE
LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 445.93
FEET; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE 171.93 FEET FOR THE
POINT OF BEGINNING; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF
88 DEGREES 43 MINUTES 58 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED COUNTERCLOCKWISE THEREFROM) 446.0 FEET TO "POINT A"; THENCE
NORTHERLY ALONG SAID EAST LINE 591.27 FEET TO THE SOUTH LINE OF THE
NORTHERLY 70.000863 ACRES OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE
WESTERLY ALONG SAID SOUTH LINE 2022.14 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY, ALONG SAID WEST LINE, 1130.90 FEET
TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE EASTERLY
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 680.75 FEET TO A POINT ON
SAID SOUTH LINE WHICH IS 1349.72 FEET (MEASURED ALONG SAID SOUTH LINE)
WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE
NORTHERLY PARALLEL WITH SAID EAST LINE, 565.92 FEET; THENCE EASTERLY 904.0
FEET TO THE POINT OF BEGINNING IN WHEATLAND TOWNSHIP, WILL COUNTY,
ILLINOIS.
PARCEL TWO
THAT PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2271.35 FEET;
THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 89 DEGREES 14
MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTERCLOCKWISE THEREFROM) 445.93 FEET; THENCE NORTHERLY, PARALLEL
WITH SAID EAST LINE 171.93 FEET FOR THE POINT OF BEGINNING; THENCE
SOUTHERLY PARALLEL WITH SAID EAST LINE, 343.86 FEET; THENCE EASTERLY ALONG
A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 15 MINUTES 30 SECONDS WITH THE
LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 445.90 FEET TO SAID
EAST LINE; THENCE SOUTHERLY ALONG SAID EAST LINE 211.21 FEET TO THE
SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WESTERLY, ALONG
THE SOUTH LINE OF SAID NORTHWEST QUARTER, 1349.72 FEET; THENCE NORTHERLY,
PARALLEL WITH SAID EAST LINE 565.92 FEET; THENCE EASTERLY 904.0 FEET TO THE
POINT OF BEGINNING IN WHEATLAND TOWNSHIP, WILL COUNTY, ILLINOIS.
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EXHIBIT B
DESCRIPTION OF BENEFIT AREA & ESTIMATED COST
FOR ROADWAY IMPROVEMENT COSTS
EXCLUDED LOT 1 (BLOGG)
P.I.N. 07-01-30-100-007
LEGAL DESCRIPTION:
THE EASTERLY 50 FEET OF THAT PART OF THE FRACTIONAL NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, THENCE SOUTH
ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2,103.35 FEET FOR
A POINT OF BEGINNING: THENCE SOUTH ALONG SAID EAST LINE 168.0
FEET; THENCE WESTERLY ALONG THE NORTH LINE OF THE PROPERTY
CONVEYED BY DOCUMENT NO. R78-38449, 445.93 FEET; THENCE NORTH
PARALLEL WITH SAID EAST LINE 171.93 FEET; THENCE EASTERLY ALONG
A LINE FORMING AN ANGLE OF 88 DEGREES 43 MINUTES 58 SECONDS WITH
THE LAST DESCRIBED COURSE (MEASURED COUNTER -CLOCKWISE
THEREFROM) 446.0 FEET TO THE POINT OF BEGINNING, IN WHEATLAND
TOWNSHIP, IN WILL COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 12226 S. HEGGS ROAD, PLAINFIELD, ILLINOIS
60585
EXCLUDED LOT 2 (STEWART)
P.I.N. 07-01-30-100-003
LEGAL DESCRIPTION:
THE EASTERLY 50 FEET OF THAT PART OF THE FRACTIONAL NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH
ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2,271.35 FEET FOR
A POINT OF BEGINNING; THENCE WESTERLY ALONG A LINE FORMING AN
ANGLE OF 90 DEGREES 45 MINUTES 46 SECONDS WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) 445.93 FEET; THENCE SOUTH PARALLEL WITH
SAID EAST LINE 171.93 FEET; THENCE EASTERLY ALONG A LINE FORMING
AN ANGLE OF 90 DEGREES 15 MINUTES 30 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 445.90 FEET TO
SAID EAST LINE; THENCE NORTH ALONG SAID EAST LINE 168.0 FEET TO
THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 12230 S. HEGGS ROAD, PLAINFIELD, ILLINOIS
60585
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LOEFFEL FARM
P.I.N. 07-01-30-200-008
THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, EXCEPTING
THEREFROM THE FOLLOWING:
COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 326.5 FEET TO
THE NORTHEAST CORNER OF THE PREMISES NOW OWNED BY ROBERT MC
MICKEN AND HIS WIFE; THENCE SOUTH ALONG THE MC MICKEN'S LINE 200
FEET: THENCE WEST PARALLEL TO THE NORTH LINE OF THE SECTION 326.5
FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER: THENCE NORTH
ALONG THE WEST LINE OF SAID QUARTER SECTION 200 FEET TO THE
PLACE OF BEGINNING, SITUATED IN THE TOWNSHIP OF WHEATLAND, WILL
COUNTY, ILLINOIS.
AND EXCEPTING THEREFROM; THE SOUTH 149.93 FEET OF THE WEST 290.40
FEET OF THE ABOVE DESCRIBED PARCEL.
COMMONLY KNOWN AS 12115 S. HEGGS ROAD, PLAINFIELD, ILLINOIS
60585
LOEFFEL FARM EXCEPTION
P.I.N. 07-01-30-200-007
THE SOUTH 149.93 FEET OF THE WEST 290.40 FEET OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 12259 S. HEGGS ROAD, PLAINFIELD, ILLINOIS
60585
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,-+ I LF COST COST COST COST IMPROVEMENT RECAPTURE
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Si,) O D- STEWART RIDGE RECAPTURE TOTAL STEWART RIDGE RECAPTURE $ 259,184 .91
CQ EQUAL TO AMOUNT OF STEWART RIDGE CONTIBUTI ON FOR
CD 0 CERTIFIED CONSTRUCTI ON OF IMPROVEMENTS TO HEGGS ROA D
I 0 Q CO STS DIVIDED BY THE TOTAL ROAD FRONTA GE.
$ 400,273. 32 / 2277.66 = $ 175.74 PER LINEAL FOOT
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VILL AGE OF PL AINFI ELD - STEW ART RI DGE HE GGS ROAD IMPRO VEMENTS RECAPT URE
R ecapture by Prop os ed Lineal Fr ontag e
01-30-100-007 Blogg 168.00 7 .38 % $ 27,834.23 $ 1,552.20 $ $ 137 .69 $ 29,524.12 $ 29524.12
01-30-100-003 Stewart 168.00 7.38 % $ 27,834.23 $ 1 ,552.20 $ - $ 137.69 $ 29,524.12 $ 29.524.12
Stewart Ridge Multiple 802 .83 35.25% $ 133,012 .82 $ 7,417.59 $ $ 658.00 $ 141,088.41 $ -
01-30-200-008,
01-30-200-007 J .& A Loeffel, Jr. 1138.83 50.00% $ 188 ,681.28 $ 10 ,522.00 $ $ 933 .39 $ 200,136 .66 $ 200,136 .66
2277.66 100 .00% $ 377,362.55 $ 21,044 .00 $ $ 1,866.77 $ 400,273.32 $ 259,184 .91
Share = the amou nt a property will c ontrib ut e towards the improvements.
Reca ptu re = the amoun t to be collected from b en efit ed properti es.
TOTAL STEWAR T RIDGE COSTS $ 141,088 .41
b0/9/9 palepdn
Updated 5/6/04
EXHIBIT C
MAP OF BENEFIT AREA
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EXHIBIT D
AMENDMENTS TO AGREEMENT
1. Term of Recapture Agreement
Due to the cost of the ROADWAY IMPROVEMENTS, the term of this
AGREEMENT shall remain in full force and effect until the earlier of the following:
(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) the latter of ten (10) years from the date of completion of the
ROADWAY IMPROVEMENTS and acceptance by the VILLAGE or ten (10) years
from the date of this Agreement.
2. Payment of Recapture
The entire amount due for the entire BENEFITING PROPERTY (not just the
portion of the BENEFITING PROPERTY which is being developed or subdivided)
shall be paid upon annexation, subdivision or development of any portion of the
BENEFITING PROPERTY.
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