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Home My Public Portal AboutOrdinance 3573VILLAGE CLERK ORDINANCE NO. 3573 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 7th DAY OF NOVEMBER, 2022. AYES: Kalkanis, Larson, Ruane, Wojowski,Benton, Calkins NAYS: None ABSENT: None APPROVED THIS 7th DAY OF NOVEMBER 2022. VILLAGE OF PLAINFIELD BY: VIL GE ` ESIDENT R2022082735 KAREN A. STUKEL WILL COUNTY RECORDER RECORDED ON 11/21/2022 04:04:01 PM REC FEE: 41.00 IL RENTAL HSNG: PAGES: 12 3AD AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENFICIAL TO THE PUBLIC SANITARY SEWER IMPROVEMENTS LANSDOWNE SUBDIVISION PIN #'S 07-01-27-400-002-0000 07-01-34-200-004-0000 Prepared by and Return to: Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 Attn: Village Clerk Will County, IL Document # R2022082735 Page 1 of 12 AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS. BENEFICIAL TO THE PUBLIC P I N's: 07-01-27-400-002-0000 07-01-34-200-004-0000 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 7th day of November, 2022 (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 McHale Enterprises, L.P. (hereafter referred to "DEVELOPER"). WHEREAS, DEVELOPER is the owner of record of real estate described in Exhibit "A" (hereinafter referred to as the "LANSDOWNE PARCEL"); and WHEREAS, DEVELOPER has made certain sanitary sewer improvements in the vicinity of 127th Street and Book Road (hereinafter referred to as "IMPROVEMENTS"); and WHEREAS, the IMPROVEMENTS are valuable and substantial improvements benefiting property described in Exhibit "B" and shown in Exhibit "C -1" 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 IMPROVEMENTS benefit the property described in Exhibit "B"; and Page 1 of 9 Will County, IL Document # R2022082735 Page 2 of 12 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 IMPROVEMENTS, as described in Exhibit "B", attached hereto and made a part hereof, have been certified in the sum of one million five hundred one thousand nine hundred fifty-two ($1,501,952) dollars. The DEVELOPER shall be entitled to recapture fifty-eight percent (58%) percent of those costs constituting the IMPROVEMENTS in the amount of eight hundred seventy-one thousand one hundred thirty-two ($871,132) dollars from the BENEFITING PROPERTY as described in Exhibit "B". SECTION 3 The VILLAGE agrees to assist the DEVELOPER in collecting said sum of $871,132 from the BENEFITING PROPERTY, 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 Page 2 of 9 Will County, IL Document # R2022082735 Page 3 of 12 (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. 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 the text shall supersede those of Exhibit D. 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. Page 3 of 9 Will County, IL Document # R2022082735 Page 4 of 12 If to the VILLAGE: Village Clerk Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 If to DEVELOPER: Mr. John McHale McHale Enterprises, L.P. P.O. Box 5726 Naperville, IL 60567 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 commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. APPROVED THIS 7th DAY OF NOVEMBER, 2022. VILLAGE OF PLAINFIEL BY: VILLAGE CLERK ARIELLE RAGGS OFFICIAL SEAL Notary Public - State of Illinois My Commission Expires Feb 04, 2026 VILLAGE PRES Subscribed and sworn to before me this ,' day of /VO%eh4&At , 20ao1-. NOTARY PUBLIC Page 4 of 9 Will County, IL Document # R2022082735 Page 5 of 12 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 27 (EXCEPTING THEREFROM THE EAST 25 ACRES THEREOF), TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PIN 07-01-27-400-002-0000 Page 5 of 9 Will County, IL Document # R2022082735 Page 6 of 12 EXHIBIT B DESCRIPTION OF BENEFIT AREA Si ESTIMATED COST Riverstone Parcel 1: The East 1/2 Of The Northwest'' /4 Of Section 34, Township 37 North, Range 9, East Of The Third Principal Meridian, (Excepting The East 280 Feet Of The North 420 Feet Of Said Northeast %4), In Will County, Illinois. Parcel 2: That Part Of The Northwest Fractional Quarter Lying North Of The Indian Boundary Line, Of Section 35, Township 37 North, Range 9, East Of The Third Principal Meridian, Described As Follows: Commencing At The Intersection Of The North Line Of Lot 78 In Farmstone Ridge Unit One, According To The Plat Thereof Recorded As Document R2001-118482, Extended Westerly, With The Center Line Of Plainfield - Naperville Road; Thence South 11 Degrees 57 Minutes 18 Seconds West, Along Said Center Line, 1145.96 Feet, To A Point Of Curve; Thence Southerly, Along Said Center Line, On A Curve Whose Center Lies Westerly And Has A Radius Of 5791.90 Feet, 1068.89 Feet, Arc, (Chord Bearing South 17 Degrees 14 Minutes 31 Seconds West, 1067.38 Feet, Chord), To The South Line Of The Said Northwest Fractional Quarter; Thence South 89 Degrees 53 Minutes 46 Seconds West, Along Said South Line, A Distance Of 439.35 Feet To The Point Of Beginning; Thence Continuing South 89 Degrees 53 Minutes 46 Seconds West, Along Said South Line, 161.77 Feet, To The West Line Of The Aforesaid Northwest 1/4; Thence North 0 Degrees 34 Minutes 55 Seconds East, Along Said West Line, 2229.43 Feet, To The South Line Of The North 420.00 Feet Of The Aforesaid Northwest 1/4; Thence North 89 Degrees 52 Minutes 59 Seconds East, Along The South Line, 220.00 Feet, To The East Line Of West 220 Feet Of Said Northwest 1/4; Thence North 0 Degrees 34 Minutes 55 Seconds East, Along Said East Line, 420.00 Feet, To The North Line Of Said Northwest '/4; Thence North 89 Degrees 52 Minutes 59 Seconds East, Along Said North Line, 80.01 Feet; Thence South 0 Degrees 34 Minutes 55 Seconds West, 190.01 Feet; Thence South 3 Degrees 58 Minutes 55 Seconds West, 236.07 Feet; Thence South 3 Degrees 46 Minutes 40 Seconds West, 2228.96 Feet, More Or Less, To The Point Of Beginning, In Will County, Illinois. Parcel 3: That Part Of The Northwest Fractional Quarter, Lying North Of The Indian Boundary Line, Of Section 35, Township 37 North, Range 9, East Of The Third Principal Meridian, Described As Follows: Beginning At The Intersection Of The North Line Of Lot 78 In Farmstone Ridge Unit One, According To The Plat Thereof Recorded As Document Number R2001-118482, Extended Westerly, With The Center Line Of Plainfield -Naperville Road; Thence South 11 Degrees 57 Minutes 18 Seconds West, Along Said Center Line, 1145.96 Feet, To A Point Of Curve; Thence Southerly, Along Said Center Line, On A Curve Whose Center Lies Westerly And Has A Radius Of 5791.90 Feet, 1068.89 Feet, Arc, (Chord Bearing South 17 Degrees 14 Minutes 31 Seconds West, 1067.38 Feet, Chord), To The South Line Of The Said Northwest Fractional Quarter; Thence South 89 Degrees 53 Minutes 46 Seconds West, Along Said South Line, A Distance Of 439.35 Feet; Thence North 3 Degrees 46 Minutes 40 Seconds East, 2,228.96 Feet; Thence North 3 Degrees 58 Minutes 55 Seconds East, 236.07 Feet; Thence North 0 Degrees 34 Minutes 55 Seconds East, 190.01 Feet, To The North Line Of Will County, IL Document # R2022082735 Page 6 of 9 Page 7 of 12 Said Northwest Fractional Quarter, Said Line Being The Center Line Of 127th Street;. Thence North 89 Degrees 52 Minutes 59 Seconds East, Along Said North Line, 523.92 Feet, To The Center Line Of The Du Page River; Thence South 11 Degrees 59 Minutes 32 Seconds West, Along Said Center Line, 282.21 Feet; Thence South 7 Degrees 37 Minutes 05 Seconds West, Along Said Center Line, 236.20 Feet; Thence North 89 Degrees 52 Minutes 59 Seconds East, 394.03 Feet, More Or Less, To The Point Of Beginning, In Will County, Illinois. PIN 07-01-34-200-004-0000 Page 7 of 9 Will County, IL Document # R2022082735 Page 8 of 12 EXHIBIT C MAP OF BENEFIT AREA Page 8 of 9 Will County, IL Document # R2022082735 Page 9 of 12 WiIfCounty, IL Document # R2022082735 Page 10 of 12 ll 'iluno3 IIIM 9£LZ8OZZOZEI # luawnooa Exhibit C - 2 Recapt ure Fair -Share Distrib ution Parcel PI N P arcel Eligible for Notes Cost Rec apt ure A Lansdowne 07-01-27-400-002-0000 $ 630,820 $0 Developer obligatio n B R iverstone 07-01-34-200-004-0000 $ 871,132 $871,132 $ 1,501,952 $871,132 Total Cost: $1,501,952 EXHIBIT D AMENDMENTS TO AGREEMENT None Page 9 of 9 Will County, IL Document # R2022082735 Page 12 of 12