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