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HomeMy Public PortalAboutResolution 1820RESOLUTION NO. 1820 A RESOLUTION AUTHORIZING THE SECOND AMENDMENT TO A CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD AND NORTHERN BUILDERS, INC. DATED MAY 215T, 2018 WHEREAS, the Village of Plainfield and Northern Builders, Inc. ("Northern") have heretofore entered into a certain development agreement dated as of May 215', 2018 (the "Agreement"), and have amended the same by amendment (the "Amendment") dated as of December 7, 2020; and WHEREAS, pursuant to Section 3.D.4 of the Agreement, Northern is entitled to an extension of the original term of the Agreement to that date which is ten years from the date of the Agreement upon its acquisition of 5 acres or more of property subject to the Agreement within the first 18 months of the Agreement or any extension of such 18 month period, thereby becoming obligated to construct the PEMA Facility; and WHEREAS, Northern has acquired more than 5 acres of the property subject to the Agreement and is constructing the PEMA Facility, and has therefore become entitled to the aforementioned extension of the term of the Agreement; and WHEREAS, the Village of Plainfield and Northern desire to memorialize the aforesaid extension by entering into the Second Amendment to the Agreement. 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 Corporate Authorities of the Village of Plainfield hereby authorize the execution of the Second Amendment to the Agreement, in substantially the form attached hereto and incorporated herein by reference as Exhibit A. Section 2: This Resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 7th DAY OF NOVEMBER, 2022. AYES: Kalkanis, Larson, Ruane, Wojowski, Benton, Calkins NAYS: None ABSENT: None APPROVED THIS 7th DAY OF NOVEMBER, 2022. 1 VILLAGE PRESIDENT ATTEST: VILLAGE CLERK DocuSign Envelope ID: EC57229E-586E-403C-A1 B1-DEOC70A45B5C SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment (the "Amendment") is made and entered into this 7th day of November, 2022, by and between the Village of Plainfield, an Illinois Municipal Corporation (hereinafter sometimes referred to as "Village"), and Northern Builders, Inc. as contractor and Plainfield Northern LLC (hereinafter referred to jointly as "Developer"). The Village and Developer may sometimes be referred to individually as a "Party" and collectively as the "Parties". WITNESSETH: WHEREAS, Village is an Illinois home rule municipality organized and existing under the Illinois Constitution of 1970; and WHEREAS, Developer and Village have heretofore entered into a certain Development Agreement dated as of May 21, 2018 as amended by the First Amendment to Development Agreement dated December 7, 2020 (the "Agreement"); and WHEREAS, the Developer and the Village have completed the Plat of Subdivision for the Development; and WHEREAS. the Developer has made substantial progress on the construction of the PEMA Building as required under the Agreement; and WHEREAS, Developer has acquired title to more than five (5) buildable acres within the time period set forth in the Agreement and two parcels of the Development have been conveyed for development to third parties; and WHEREAS, the Parties mutually agree to confirm the extension of the Agreement pursuant to Section Three D.4 of the Agreement to May 20, 2028; and DocuSign Envelope ID: EC57229E-586E-403C-A1 B1-DEOC70A45B5C NOW THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, Developer and Village hereby agree as follows: SECTION ONE: Incorporation of Preambles The recitals contained in the Preamble hereto are material and are hereby incorporated as a part of this Amendment. Developer and the Village shall fully cooperate with each other in carrying out the terms of this Amendment. All parties represent that they have full authority to enter into this Amendment pursuant to law. SECTION TWO: Confirmation of Extension of Agreement Section Three D.4 of the Agreement provides that upon completion of the PEMA Building and development of more than five (5) acres the Agreement shall be extended and have a term expiring ten (10) years from the date of the original Agreement. The Parties hereby agree and confirm that the term of this Agreement is extended so that the Agreement terminates on May 20, 2028. SECTION THREE: Effect of Amendment The terms and provisions of this Amendment shall supersede and control over any expressly conflicting terms, conditions or provisions of the Agreement, but all other terms, conditions and provisions of the Agreement are currently and shall remain in full force and effect, and the same shall not in any way be altered, affected, modified, limited or construed by the terms, conditions and provisions of this Amendment. Any term used and defined in the Agreement and also used or referred to in this Amendment shall have the same meaning in this Amendment as set forth therefor in the Agreement. This Amendment and the Agreement, taken together, set forth all the promises, inducements, agreements, conditions and understandings between Developer and the Village relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are set forth therein. Except as herein otherwise provided, no other or DocuSign Envelope ID: EC57229E-586E-403C-A1 B1-DEOC70A45B5C subsequent alteration, amendment, change or addition to the Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized signatory on the dates indicated below. DocuSign Envelope ID: EC57229E-586E-403C-A1 B1-DEOC70A45B5C Developer NORTHERN BUILDERS, INC. 1—DocuSigned by: By: Name: Its: Dated: Attest: By: Name: Its: Dated: 1tbw,aS V. avt stA( '—F17AB5B8086D4C5... Thomas D. Grusecki President & CEO 11/15/2022 Thomas "7t. Kenrich CFO PLAINFIELD NORTHERN LLC By: Name: Its: Dated: Attest: By: Name: Its: Dated: /—DocuSigned by: 11,(.4wlaS 1). Gvi& t,a:i `—F17AB5RSOR6r)4c Thomas D. Grusecki Manager 11/15/2022 CFO Jib/lz,Z 4 DocuSign Envelope ID: EC57229E-586E-403C-A1 B1-DEOC70A45B5C VILLAGE OF PLAINFIELD By: Name: John F. Argoudelis Title: Village President Date: II aa- Name: Michelle Gibas Its: Village Clerk Dated: t'� aoa2r- 5