Loading...
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 IN al • o N CO Or1 LO N -O u1 01 , N 01 N Ll1 "C o 0 L)1 CO M N lD tpO +ro ' y LO N N N E C O. o u0 E O m 0)N • QCC UI 0 1J V? V? V? i/} V} iR ^ L a) L oo LD a) It .--1 O co O V► "0 L O .a N o0 0 r0 O_ L.ri L/1 M LA d 0. N N N 0 Ln to C U d' Ln . O. a V} IA. lit- V> U a) C L co a) U o o LD rn N M o_ _o .C- N 01 O1 01 LO a-I S 0 .a) L f1 0, 01 01 N N Ll1 a) • , co'LLr01 0000 00 .a-1 N m i° 0 a) E 1- cis i0 (-0V Lr1 a-i en • O ' H C ry 3 V w i. 1— 0 N L V U. f0 V? V1. V} V} i/} 4J1. 4" H r0• 0 VI U a) a.) L ID o * 0 0 0 0 O 4- O CT) LI1 01 re) p Ll) O 4 LID CO o , i N r^ ON N ON 11 p Cl01 p 7 Q U 0 -o E a) ro y - m o tto u 3 Ln N E < ^ M N N CO f' lD Lr • N 0. Lf1 ▪ (o N , r-1 01 01 N er U cu N a) a Q Ce Y a) V) VI- V? +., O - H a+ .I-; 41 _ C▪ 0 u C N N M N N al 0 ra .F) L 0000v U L d ++ O O o al a) a ,F Q a O ro 0000 0 a c 1. No oN a o a) a"i b.0 cc U coo ai 1-1N N t0 = al O j Lin ID Lit lD 0000 ~ d YO + C .+ O 7 +' O O E O O Q C L!1 a •rp M N O L ++ ++ LID4 >` 0 O O V?t O T L L +J 70 C a) aa) a) O co In 0_ 4 ++ J 0_ J d a V) N Q) +-+ a) 0 = VI VI • L L c •N 4, L 0 a a) 7 Q. "O a CU E E Cl. E E m m 42. al ; 7 is o_ N co a) = U ID 'L- E2 > Q., C a) a) _ � a) W U C � as .� 0 .. LL 0 O CO -0 a)L a)+' a) i a-I N co Tr Ln LO CD ? ro Ln a @ xc a Updated 5/6/04 EXHIBIT C MAP OF BENEFIT AREA Page 12 of 13 ....."tt ,t i 1 9.4,-,,,,,,==> ",^ '‘ f i=„.,, ' a w a A Wtl�9 9 «xw¢4wxr' wv0wsswa_ V Qg g. �' YA("" "&�f 'yy'u* -yd-t� S J7. 9 a 141..,MMXFMMH_WMAhWMXN.iIMM= . J t t L s H T:-TrEI I 7-- rrrl-- H 711-1 1-11rr pCI j `1rr--7r I ~ # 1 W P i 1 _ H , a one ""` '' . -- ' -- - ! - 1. ✓IMIVINNNNRkNMM= ItYWXMWtlNM�'a - 'w°""` I i 'Trrrl ]_ Trrrr'T17T- rrrn .¢-� 1 r r111 1 4 � IIII E i nrl iiii Liii_ Trrll II II TI rrn 77,ri I I I L I I I I I II L -; 1 1 1 1 1 11 11 11111E 11111 1 II LL ( 1 11111 [III 11 Tri H 1 LLLII 11LLJ1111 Ilw „I li LLL� $(y 111LJ1111 T1 1 II1z E l Lt-L - & 11LLJJ111 I I = I I I? _!I I I I I I �1 1 1 11 _ IEIa i_ - i 111LLJ1111 11 IIIL 1 �� 1LLLLJ1111 i # 111E LJ11 I Illrc I I � yy 11LU_JJ111 1 E11w 1_ rrrn pggy,� 11LLLJJ111 E. 1 .L rrrn - �. 7 1LLLJJ111 11 11 11ii 1_ rrrn i II1 1I 1_ � rrn-I P JJJ111LLU_ ' 1 I L 11L1 1_ rrl 2 J 111 LL1 L III 11_ L. I - ,Myy�wmlyn ,4rewwwwu LLL___11- j'11LL 1 _ LLI n ANµ'WRIIV**MIF41ryy 111L--1L1 �; Lu JJ 11 wL F �__ � „';_t1 � 1 ("i�l � LLw —4µ, ," ..lawewlk.. _ LL u M I ' 3 A.`^ l "u , IW hg 4g 1, ry -i F4M,. ""' '" i'17* P M 5 LLJ x f W LLI , oi cr U cr G 0 2. /I�J rf" '� .,mow:, w,dY�'^' W