HomeMy Public PortalAboutResolution 1801R2022010115
KAREN A. STUKEL
WILL COUNTY RECORDER
RECORDED ON
01/31/2022 03:25:18 PM
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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.