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HomeMy Public PortalAboutResolution 1801R2022010115 KAREN A. STUKEL WILL COUNTY RECORDER RECORDED ON 01/31/2022 03:25:18 PM REC FEE: 41.00 IL RENTAL HSNG: PAGES: 20 RMB INTERGOVERNMENTAL AGREEMENT AN INTERGOVERNMENTAL AGREEMENT SUPPORTING THE EXTENSION OF THE VILLAGE OF PLAINFIELD DOWNTOWN TIF DISTRICT Prepared by and Return to: Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 Attn: Village Clerk RESOLUTION NO. 1801 A RESOLUTION IN SUPPORT OF THE EXTENSION OF THE DOWNTOWN TIF WHEREAS, the Village of Plainfield ("Village") has heretofore designated a redevelopment project area pursuant to Village Ordinance No. 1826, approved a redevelopment plan and project pursuant to Ordinance No. 1827 and adopted tax increment financing for an area commonly known as the "Downtown TIF" pursuant to Ordinance No. 1828; and WHEREAS, the redevelopment plan originally approved by Ordinance No. 1827 established an estimated completion date of the redevelopment project described in the redevelopment plan to be not more than 23 years from the December 7, 1998 adoption of Ordinance No. 1827; and WHEREAS, the redevelopment plan and project are presently set to expire on December 7, 2021; and WHEREAS, the Village has experienced economic benefits from the Downtown TIF and has determined that in order for such benefits to continue, it is necessary to extend the term of the Downtown TIF for an additional twelve years; and WHEREAS, an extension of the Downtown TIF requires the action of the Illinois General Assembly and the support of affected taxing bodies within the Downtown TIF, and it is accordingly the intention of the Village to request its representatives therein to introduce appropriate legislation to provide for the extension of the Downtown TIF for an additional twelve years, and to request letters of support for the extension from the affected taxing bodies. BE IT RESOLVED BY THE PRESIDENT AND BOARD TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: That the foregoing recitals are hereby incorporated into this resolution as if fully set forth in this Section 1. Section 2: That the Village of Plainfield supports the extension of the Downtown TIF for an additional twelve years, and accordingly authorizes and directs the proper officers or personnel of the Village to request that the Village's legislative representatives in the Illinois General Assembly introduce appropriate legislation to approve the extension of the Downtown TIF, and to request the issuance of letters of support for the extension of the Downtown TIF from all affected taxing bodies. Section 3: This Resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 15TH DAY OF MARCH, 2021. AYES: Wojowski, Benton, Bonuchi, Calkins, Kalkanis, Larson NAYS: None ABSENT: None APPROVED THIS 15TH DAY OF MARCH, 2021. AGE PRESIDEN VIL VILLAGE CLERK INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this 15th day of March 2021, by and between the VILLAGE OF PLAINFIELD, an Illinois home rule municipal corporation, located in Will County, Illinois ("Village"), the PLAINFIELD COMMUNITY CONSOLIDATED SCHOOL DISTRICT 202, an Illinois school district, located in Will County, Illinois ("District 202"), the PLAINFIELD FIRE PROTECTION DISTRICT ("Fire District"), the COUNTY OF WILL ("County"), the WILL COUNTY FOREST PRESERVE DISTRICT ("Forest Preserve") the PLAINFIELD PUBLIC LIBRARY DISTRICT ("Library District"), the PLAINFIELD PARK DISTRICT ("Park District"), PLAINFIELD TOWNSHIP ("Township"), the PLAINFIELD TOWNSHIP ROAD DISTRICT (hereinafter referred to as the "Road District"), and THE BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 525, COUNTIES OF WILL, GRUNDY, KENDALL, LASALLE, KANKAKEE, LIVINGSTON AND COOK (hereinafter referred to as "JJC"). The parties hereto excluding the Village are sometimes hereinafter collectively referred to as the "Taxing Bodies" and individually as a "Taxing Body". WITNESSETH: WHEREAS, the Taxing Bodies and Village may contract or otherwise associate with each other pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1970 and 5 ILCS 220/1 et seq., which authorize units of local government to contract or otherwise associate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities; and WHEREAS, the Village has heretofore designated a redevelopment project area pursuant to Village Ordinance No. 1826, approved a redevelopment plan and project pursuant to Ordinance No. 1827 and adopted tax increment financing for an area commonly known as the "Downtown TIF" pursuant to Ordinance No. 1828; and WHEREAS, the Taxing Bodies and the Village are further authorized by the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et. seq. and the Village's home rule authority under the Illinois Constitution of 1970 to contract with each other concerning certain matters pertaining to tax increment financing for the Downtown TIF; and WHEREAS, the Taxing Bodies supported the creation of the Downtown TIF and the Village's adoption of the ordinances necessary in relation thereto; and WHEREAS, the Village and the Taxing Bodies all support the type of economic growth and development anticipated to be fostered by the Downtown TIF; and WHEREAS, in order to promote further economic growth and development within the Downtown T1F, the Village is requesting that the estimated time for completion of TIF projects and the retirement of TIF obligations be extended for a period of twelve (12) years (the "Proposed Downtown TIF Extension"); and WHEREAS, the Proposed Downtown TIF Extension must be authorized by an act of the General Assembly (the "Extension Legislation"); and WHEREAS, the Village has requested that the Taxing Bodies support the Proposed Downtown TIF Extension and the Extension Legislation; and WHEREAS, the Taxing Bodies are willing to provide the requested support upon the terms and conditions set forth in this Agreement; and WHEREAS, the Village anticipates that it will not be required to expend all of the Incremental Revenues (as defined herein) generated from within the Redevelopment Project Area (as defined herein) for the completion of the redevelopment Project (as defined herein), WHEREAS, the Village and the Taxing Bodies desire to enter into this Agreement to memorialize their understanding concerning the Downtown TIF and the application of certain of the incremental revenues generated thereby. NOW, THEREFORE, pursuant to statutory authority and their powers of intergovernmental cooperation, and in consideration of the mutual promises and covenants and conditions hereinafter set forth, it is agreed by and between the parties hereto as follows: ARTICLE I. PREAMBLES The foregoing recitals are by this reference fully incorporated into and made a part of this Agreement. ARTICLE II. DEFINITIONS As used in this Agreement, the following terms shall have the meanings hereinafter ascribed thereto unless otherwise clearly required by the context or as otherwise expressly provided by this Agreement: TIF Act: The Tax Increment Allocation Redevelopment Act of Illinois, 65 ILCS 5/11- 74.4-1 et. seq., as from time to time amended. Downtown TIF Fund: The Special Tax Allocation Fund for the Downtown Redevelopment Project Area created by Village Ordinance No. 1828. Incremental Revenues: The amount of real estate tax revenues generated by properties within the Redevelopment Project Area required to be deposited into the Downtown TIF Fund pursuant to Section 5/11-74.4-8 of the TIF Act. Redevelopment Plan: The redevelopment plan approved by Village Ordinance No. 1827. Redevelopment Project: The redevelopment project approved by Village Ordinance No. 1826. Redevelopment Project Costs: The costs incurred in completing any portion of the Redevelopment Project which are eligible to be paid for or reimbursed by Incremental Revenues under the TIF Act and which have been approved to be so paid and reimbursed by the Village under the TIF Act and any relevant agreement. Redevelopment Project Area: The redevelopment project area approved by Village Ordinance No. 1827. Collection Year: The year in which Incremental Revenues are actually collected by the Will County Treasurer and distributed to the Village for deposit into the Downtown TIF Fund, even though levied during the preceding year. A Collection Year shall exist for each year in which real estate taxes are levied against property in the Redevelopment Project Area, beginning with the real estate taxes levied in calendar 2021 and ending with the real estate taxes levied in the thirteenth calendar year thereafter. Surplus Funds: An amount of Incremental Revenues equal to fifty percent (50%) of the Incremental Revenues generated during a given Collection Year and actually paid to the Village by the Will County Treasurer for deposit into the Downtown TIF Fund. ARTICLE III. TAXING BODIES' SUPPORT FOR DOWNTOWN TIF In consideration of the terms and conditions of this Agreement, the Taxing Bodies, individually and collectively, pledge their support for the actions taken by the Village with respect to the Downtown TIF Extension, waive any and all rights whether at law or in equity to in any way object to or challenge the validity of any of such actions with respect to the Downtown TIF Extension. Nothing in this Article III shall limit or restrict the right of any party to this Agreement to bring an action to enforce the provisions of this Agreement. ARTICLE IV. DECLARATION AND DISTRIBUTION OF SURPLUS FUNDS; ADJUSTMENTS BASED ON FUTURE ASSESSMENT APPEALS 4.1 Declaration of Surplus Funds. During each Collection Year, the Village, by action of its Corporate Authorities, shall take such action as is necessary to declare and establish that an amount of Incremental Revenues equal to the Surplus Funds for such Collection Year shall not be needed or otherwise required by the Village for the payment of Redevelopment Project Costs or for any other lawful or required purpose under the TIF Act, and is available for ultimate distribution to the Taxing Bodies in accordance with the provisions of this Agreement (the "Declaration"). 4.2 Distribution of Surplus Funds. The Village shall take such steps in each Collection Year as may be necessary under the Act to distribute the Surplus Funds for such Collection Year to the Taxing Bodies, including but not limited to paying the Surplus Funds to the Will County Treasurer to be thereafter proportionally distributed by the Will County Treasurer to the Taxing Bodies. 4.3 Timing of Declaration and Distribution. The Village shall take all actions necessary to cause Declaration and the Distribution to occur and be completed on or before that date which is forty five (45) days from the date on which the Village has received the entirety of the Incremental Revenues generated by the Redevelopment Project Area from the Will County Treasurer during a given Collection Year. 4.4 Adjustments Based on Future Assessment Challenge. Village and Taxing Bodies acknowledge that the potential exists for property owners within the Redevelopment Project Area to challenge the assessments of their properties during the lifetime of the Downtown TIF, and that they shall communicate and cooperate with one another concerning the defense of any such challenges in order to preserve the equalized assessed valuation of such properties and thereby, the generation of Incremental Revenues for the operation of the Downtown TIF and the annual Distribution contemplated by this Agreement. In the event that any such assessment challenge requires the Village to refund any Incremental Revenues received during any given Collection Year, the Village may deduct one half of the amount of any such refund from the amount of the Surplus Funds for the next Collection Year. ARTICLE V. MISCELLANEOUS PROVISIONS 5.1. Entire Agreement. This Agreement incorporates the full and complete understanding of the parties to the exclusion of any terms or provisions not expressly set forth herein. 5.2 Exhibits. Any exhibits attached to this Agreement are, by this reference incorporated into and made a part of this Agreement. 5.3 Amendments. This Agreement may be amended from time to time upon the mutual written agreement of the parties hereto. Any such amendment shall be in writing and shall not become effective except upon the enactment of an ordinance or resolution of each of the respective governing authorities of the parties, authorizing the execution of the proposed amendment. 5.4 Waivers. No term or condition of this Agreement shall be deemed waived by any party unless the term or condition to be waived and the circumstances giving rise to such waiver are set forth specifically in a duly authorized and written waiver of such party. No waiver by any party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition of this Agreement, nor shall waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or different provisions of this Agreement. 5.5 Notices. Notices or other writings which either party is required to or may wish to serve upon the other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as respectively set forth for each party in Exhibit A to this Agreement, or to such other address as any party may from time to time designate in a written notice to the other party. 5.6 Enforcement. It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, provided, however, the parties agree that the rights of the parties shall not include the right to recover a judgment for monetary damages against any elected or appointed official thereof for any breach of any of the terms of this Agreement. 5.7 Severability. If any term or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. 5.8 Further Performance. The parties shall at the request of any party to this Agreement, execute and deliver any other and further documents and take all other and further actions as may be respectively required of them to effectuate the intent and purpose of this Agreement. 5.9 Date of Agreement. The date of this Agreement shall be deemed for all purposes to be the date on which the last of the parties hereto executes this Agreement, and such date shall be inserted into this Agreement as the date first above named. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their respective officers pursuant to the express authorization of their respective boards, as of the date first above written. Village: VILLAGE OF PLAINFIELD, An Illinois J/ e '/ a unici 1 Corporation By: Name: Michael P. Collins Its: Village President Dated: 3 1 I S a end l Attest: By: Name: Michelle Gibas Its: Village Clerk Dated: -3 Its / i District 202: Plainfield Community Consolidated District 202 By: Name: Kevin Kirberg Its: Board President Dated: March 22, 2021 County County of corporate By: , a body politic and Name: Jennifer Bertino-Tarrant Its: County Executive Dated: A ttest: By: Name: David Koch Its: Secretary Dated: ,,,3 Di Attest: By: Name: Lauren Staley Ferry Its: County Clerk Dated: Forest Preserve: Attest: Forest Preserve District of Will County, a body politic and corporate within Will County, Illinois By: Name: Joe VanDuyne Its: Board President Dated: By: Name: Mica Freeman Its: Secretary Dated: District 202: Plainfield Community Consolidated District 202 By: Name: Kevin Kirberg Its: Board President Dated: County: County of Will, a body politic and corporate By: Name: Jei�ir iJ'er Bertino-Tarrant Its: County Executive Dated: 11 / Z Forest Preserve: Forest Preserve District of Will County, a body politic and corporate within Will County, Illinois By: Name: Joe VanDuyne Its: Board President Dated: Attest: By: Name: David Koch Its: Secretary Dated: Attest: By: Na : Lauren Staley Ferry Its: County Clerk Dated: / /23 levi Attest: By: Name: Mica Freeman Its: Secretary Dated: District 202: Plainfield Community Consolidated District 202 By: Name: Kevin Kirberg Its: Board President Dated: County: County of Will, a body politic and corporate By: Name: Jennifer Bertino-Tarrant Its: County Executive Dated: Forest Preserve: Forest Preserve District of Will County, a body politic and corporate within Will County, Illinois �� By: �i' ll/.—A4 Name: Joe VanDuyne Its: Dated: Alve 5/0/21 Attest: By: Name: David Koch Its: Secretary Dated: Attest: By: Name: Lauren Staley Ferry Its: County Clerk Dated: Attest: By: aidigi,M14/- OA. Name: Mica S. Carnahan -Freeman Its: Secretary Dated: Fire District: Plainfield Fire Protectionn� District By: �G► Name: William William Barnes Its: Board President Dated: o/ zo 2 A ttest: By: 6 Name: Thomas Paul Its: Secretary Dated: .3/ 10/ 2 'b z-( Park District: Attest: Plainfield Township Park District, WM and Kendall Counties, Illinois, acting by and through its Board of Commissioners By: Name: Mimi Poling Its: Board President Dated: By: Name: Wendi M. Calabrese Its: Secretary Dated: Library District: Attest: Plainfield Public Library District, Will and Kendall Counties, Illinois existing by virtue of the provisions of Chapter 75 of the Illinois Compiled Statutes of the State of Illinois (known as the Illinois Public Library District Act (75 ILCS 16/1-16/50- 20) By: Name: Carl F. Gilmore Its: Board President Dated: By: Name: Vicki M. Knight Its: Secretary Dated: Fire District: Plainfield Fire Protection District By: Name: William Barnes Its: Board President Dated: Attest: By: Name: Thomas Paul Its: Secretary Dated: Park District: Attest: Plainfield Township Park District, Will and Kendall Counties, Illinois, acting by and through its Board of Commissioners By: Name: Mimi Poling Its: Board President Dated: 03/11/2021 By: �sr,� d,�raJ9v& Name: Wendi M. Calabrese Its: Secretary Dated: 0'2 Zeta Library District: Attest: Plainfield Public Library District, Will and Kendall Counties, Illinois existing by virtue of the provisions of Chapter 75 of the Illinois Compiled Statutes of the State of Illinois (known as the Illinois Public Library District Act (75 ILCS 16/1-16/50- 20) By: Name: Carl F. Gilmore Its: Board President Dated: By: Name: Vicki M. Knight Its: Secretary Dated: Fire District: Plainfield Fire Protection District By: Name: William Barnes Its: Board President Dated: Attest: By: Name: Thomas Paul Its: Secretary Dated: Park District: Attest: Plainfield Township Park District, Will and Kendall Counties, Illinois, acting by and through its Board of Commissioners By: Name: Mimi Poling Its: Board President Dated: Library District: Plainfield Public Library District, Will and Kendall Counties, Illinois existing by virtue of the provisions of Chapter 75 of the Illinois Compiled Statutes of the State of Illinois (known as the Illinois Public Library District Act (75 ILCS 16/1-16/50- 20) By: Name: Carl F. Gilmore Its: Board President Dated: / aoa By: Name: Wendi M. Calabrese Its: Secretary Dated: Attest: By: Name: Vicki M. Knight Its: Secretary Dated: Township: By: Name: ony Fremarek Its: Supervisor Dated: 3//%i Road District: By: Name: Ken Marland Its: Highway Commissioner Dated: '/C _ <9-`' JJC: The Board of Trustees of Community College District No. 525, Counties of Will, Grundy, Kendall, LaSalle, Kankakee, Livingston, and Cook, State of Illinois By: Name: Dr. Judy Mitchell Its: President Dated: Attest: By: Name: John Mahalik Its: Secretary Dated: Township: By: Name: Tony Fremarek Its: Supervisor Dated: Road District: By: Name: Ken Marland Its: Highway Commissioner Dated: JJC: Attest: The Board of Trustees of Community College District No. 525, Counties of Will, Grundy, Kendall, aSalle, Kankakee, Livingston, an ook, State off Illinois By: Name: Dr: Judy Mitchell Its: President Dated: A/C V. By: GT/citi�� tt. Name: Nancy Garcia Guillen Its: Secretary Dated: gbo(zozI EXHIBIT A -ADDRESSES FOR NOTICE TO PARTIES If to Village of Plainfield: If to Plainfield Community Consolidated School District 202: If to Plainfield Fire Protection District: If to County of Will If to Forest Preserve District of Will County If to Plainfield Park District If to Plainfield Public Library District If to Plainfield Township If to Plainfield Township Road District Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 Attention: Village Clerk Plainfield Community Consolidated District 202 15732 Howard St. Plainfield, IL 60544 Plainfield Fire Protection District 23748 W. 135th Street Plainfield, IL 60544 Attention: Fire Chief County of Will 302 N. Chicago Street Joliet, Illinois 60432 Attention: County Executive Forest Preserve District of Will County 17540 W. Laraway Road Joliet, IL 60433 Plainfield Park District 23729 W. Ottawa St. Plainfield, IL 60544 Attention: Executive Director Plainfield Public Library District 15025 S. Illinois St. Plainfield, Illinois 60544 Plainfield Township 22525 W. Lockport Street Plainfield, IL 60544 Plainfield Township Road District 22525 W. Lockport Street Plainfield, IL 60544 If to JJC Joliet Junior College Attn. Dr. Judy Mitchell, President 125 Houbolt Road Campus Center, A-3110 Joliet, IL 60431 DOWN TOWN PLAINFIELD Plainfield, Illinois Tax Increment Financing Redev elo pment Project Prepared By: Trkla, Pettigrew, Allen, & Payne, Inc.