HomeMy Public PortalAboutOrdinance 3637 ORDINANCE NO. 3637
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:
I. 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 5TH DAY OF February, 2024.
AYES: Kiefer, Larson, Ruane, Bonuchi
NAYS: Kalkanis
ABSENT: Wojowski
APPROVED THIS 5TH DAY OF February, 2024.
VILLAGE OF PLAINFIELD
BY:
VILLAGE PRESI NT
AT1 ES :
.eZedetitstal/
VILLAGE CLERK
202400003011
DEBBIE GILLETTE
RECORDER- KENDALL COUNTY, IL
RECORDED: 03/22/2024 01:17 PM
RECORDING FEE 57.00
PAGES: 14
AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE
CONSTRUCTION OF IMPROVEMENTS BENFICIAL TO THE PUBLIC
EXCEL INC, DBA DHL SUPPLY CHAIN (USA)
PINS:
06-03-07-100-004
06-03-06-300-001
06-01-400-002
06-01-400-003
Prepared by and Return to:
Village of Plainfield
24401 W. Lockport Street
Plainfield, IL 60544
Attn: Village Clerk
Ordinance 3637
Updated 5/6/04
AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE
CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC
BENEFITTING PINS:
06-03-07-100-004
06-03-06-300-001
06-01-400-002
06-01-400-003
THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR
CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is
entered into this 5th day of February, 2024 (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 EXEL INC., D/B/A DHL SUPPLY CHAIN (USA) (hereafter
referred to "DEVELOPER").
WHEREAS, DEVELOPER is the owner of record of real estate described
in Exhibit "A" (hereinafter referred to as the "DHL PARCEL"); and
WHEREAS, DEVELOPER has made certain offsite street, roadway, right
of way, and utility improvements to the proposed 143rd Street right-of-way
including sanitary sewer improvements in the following location: from the
termination of the existing sanitary sewer on 143rd Street along the proposed
extension of 143rd Street to Ridge Road (hereinafter referred to as
"IMPROVEMENTS"); and
Page 1 of 13
Updated 5/6/04
WHEREAS, the IMPROVEMENTS are valuable and substantial
improvements benefiting property described in Exhibit "B" and shown in Exhibit
"C" 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
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 estimated in the sum of two million three
hundred fifty-six thousand five hundred thirteen ($2,356,513) dollars. The
DEVELOPER shall be entitled to recapture Seventy-Nine and Five-Tenths
(79.5%) percent of those costs constituting the IMPROVEMENTS in the amount
of one million eight hundred seventy four thousand five hundred twenty three
($1,874,523) dollars from the BENEFITING PROPERTY as described in Exhibit
«B„
At the time the Village accepts the improvements for which recapture is sought,
the DEVELOPER will have 60 days to file said certified costs with the Village.
Should the DEVELOPER fail to file said certified costs within 60 days, this
AGREEMENT will become null and void. Village acceptance, for the purposes
of recapture, will occur at the time of the Village Board reduces the
DEVELOPER'S performance guarantee (letter of credit or bond) for recapturable
improvements.
The VILLAGE recognizes certain improvements may occur in stages, therefore
the following certification process is permitted:
A) Roadways: Certification may occur in two phases. Phase one may
include: excavation, sub-base, base course, binder course, curb and
gutter, sidewalk, and storm sewer. Phase two encompasses all
remaining improvements which may include final surface course,
striping, and lighting.
Page 2 of 13
Updated 5/6/04
B) Water and sanitary sewer: Certification will occur in one phase: at
completion.
SECTION 3
The VILLAGE agrees to assist the DEVELOPER in collecting said sum of
$1 ,569,430 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
(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
Page 3 of 13
Updated 5/6/04
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 Exhibit D shall supersede those of the text of this AGREEMENT.
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 4 of 13
Updated 5/6/04
If to the VILLAGE: Village Clerk
Village of Plainfield
24401 W. Lockport Street
Plainfield, IL 60544
If to DEVELOPER: Exel Inc. d/b/a DHL Supply Chain (USA)
360 Westar Blvd.
Westerville, OH 43082
Attn: Legal — Real Estate Solutions
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 may be 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-) DAY OF /'e.b , 2047
VILLAGE OF PLAINFIE D"'
BY:
VILLAGE PRESIDENT
•
A T: •
VILLAGE CLERK
Subscribed and sworn to before me
ARIELLE RAGGS this S' day of f< pr.:la/1 , 20
OFFICIAL SEAL
Notary Public-State of Illinois �l
My Commission Expires Feb 04,2026 fiti lle
N TARY PUBLIC
Page 5 of 13
Updated 5/6/04
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY BEING
DEVELOPED WITH OFFSITE IMPROVEMENTS
PARCEL 1:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 36 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
IN NA-AU-SAY TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF SECTION 12, TOWNSHIP 36 NORTH, RANGE 8, EAST, OF THE THIRD
PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF NA-AU-SAY, KENDALL
COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 36 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN THE TOWNSHIP OF NA-AU-SAY,KENDALL COUNTY, ILLINOIS.
PLATTED LEGAL:
LOT 1 IN PLAINFIELD LOGISTICS CENTRE SUBDIVISION, BEING A
SUBDIVISION OF THAT PART OF THE NORTHEAST A OF SECTION 12,
TOWNSHIP 36 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED , 2023, AS
DOCUMENT NO. IN KENDALL COUNTY, ILLINOIS.
Commonly known as: 7076 & 7150 Ridge Road
Plainfield, IL
PIN: 06-12-200-002 and
06-12-200-007
Page 6 of 13
Updated 5/6/04
EXHIBIT B
DESCRIPTION OF BENEFIT AREA & ESTIMATED COST
LEGAL DESCRIPTION(S):
PARCEL 1
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 36
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 51 SECONDS
EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 36.37
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF PLAINFIELD
ROAD AS RECORDED IN DOCUMENT NO. 137765, FOR A POINT OF
BEGINNING; THENCE NORTH 00 DEGREES 16 MINUTES 03 SECONDS
WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 795.43 FEET; THENCE
NORTH 89 DEGREES 45 MINUTES 56 SECONDS EAST, 864.66 FEET;
THENCE SOUTH 00 DEGREES 14 MINUTES 04 SECONDS EAST,
PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER, 788.87
FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 89 DEGREES, 19 MINUTES 51 SECONDS WEST, ALONG
SAID SOUTH LINE, 864.23 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS.
LEGAL DESCRIPTION (PLAINFIELD ROAD WEST OF AND ADJACENT TO
15.72 ACRE PARCEL):
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 36
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 00 DEGREES 14 MINUTES 04 SECONDS
WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 795.71
FEET; THENCE NORTH 89 DEGREES 45 MINUTES 56 SECONDS EAST,
35.91 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
PLAINFIELD ROAD AS RECORDED IN DOCUMENT NO. 137765; THENCE
SOUTH 00 DEGREES 16 MINUTES 03 SECONDS EAST, ALONG SAID EAST
LINE, 795.43 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 89 DEGREES 19 MINUTES 51 SECONDS
WEST, ALONG SAID SOUTH LINE, 36.37 FEET, MORE OR LESS TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
Page 7 of 13
Updated 5/6/04
PARCEL 2
THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 36 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART OF
THEREOF LYING NORTHEASTERLY OF THE ORIGINAL CENTER LINE OF
UPDIKE ROAD); IN THE TOWNSHIP OF NA-AU-SAY, KENDALL COUNTY,
ILLINOIS.
EXCEPT THE FOLLOWING TWO PARCELS:
PARCEL 1: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 1,
TOWNSHIP 36 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4;
THENCE NORTH 89 DEGREES 19 MINUTES 51 SECONDS EAST ALONG
THE SOUTH LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 36.37 FEET
TO A POINT ON THE EAST RIGHT OF WAY LINE OF PLAINFIELD ROAD AS
RECORDED IN DOCUMENT 137765 FOR A POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 16 MINUTES 03 SECONDS WEST ALONG SAID EAST
RIGHT OF WAY LINE 795.43 FEET; THENCE NORTH 89 DEGREES 45
MINUTES 56 SECONDS EAST 864.66FEET; THENCE SOUTH 00 DEGREES
14 MINUTES 04 SECONDS EAST PARALLEL WITH THE WEST LINE OF
SAID SOUTHEAST 1/4 A DISTANCE OF 788.87 FEET TO A POINT ON THE
SOUTH LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 89 DEGREES 19
MINUTES 51 SECONDS WEST ALONG SAID SOUTH LINE 864.23 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING, IN KENDALL COUNTY,
ILLINOIS.
PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 1,
TOWNSHIP 36 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4;
THENCE NORTH 00 DEGREES 14 MINUTES 04 SECONDS WEST ALONG
THE WEST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 795.71 FEET;
THENCE NORTH 89 DEGREES 45 MINUTES 56 SECONDS EAST 35.91 FEET
TO A POINT ON THE EAST RIGHT OF WAY LINE OF PLAINFIELD ROAD AS
RECORDED IN DOCUMENT 137765; THENCE SOUTH 00 DEGREES 16
MINUTES 03 SECONDS EAST ALONG SAID EAST LINE 795.43 FEET TO A
POINT ON THE SOUTH LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 89
DEGREES 19 MINUTES 51 SECONDS WEST ALONG SAID SOUTH LINE
36.37 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN KENDALL
COUNTY, ILLINOIS.
Page 8 of 13
Updated 5/6/04
PARCEL 4
LOT 3 IN PLAINFIELD BUSINESS CENTER, BEING A SUBDIVISION OF
PART OF THE SOUTH HALF OF SECTION 6 AND NORTH HALF SECTION 7,
TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST
24TH, 2023, AS DOCUMENT R2023043952 IN WILL COUNTY, ILLINOIS.
PARCEL 5
LOT 2 IN PLAINFIELD BUSINESS CENTER, BEING A SUBDIVISION OF
PART OF THE SOUTH HALF OF SECTION 6 AND NORTH HALF SECTION 7,
TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST
24TH, 2023, AS DOCUMENT R2023043952 IN WILL COUNTY, ILLINOIS.
PARCEL 6
LOT 1 IN PLAINFIELD BUSINESS CENTER, BEING A SUBDIVISION OF
PART OF THE SOUTH HALF OF SECTION 6 AND NORTH HALF SECTION 7,
TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST
24TH, 2023, AS DOCUMENT R2023043952 IN WILL COUNTY, ILLINOIS.
Page 9 of 13
Updated 5/6/04
EXHIBIT B
Estimated Costs and Allocation
Page 10 of 13
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EXHIBIT C
MAP OF BENEFIT AREA
Page 12 of 13
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