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HomeMy WebLinkAboutOrd 6517 5/05/2020 Second Amendment to the redevelopment agreement for the Maple Street LoftORDINANCE NO. 6517 AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE MAPLE STREET LOFTS DEVELOPMENT AND APPROVING AIA DOCUMENT A133-2009 EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: The Mayor and Board of Trustees of the Village find as follows: A. The Village of Mount Prospect ("Village") is a home rule municipality pursuant to Section 7 of Article VII of the Constitution of the State of Illinois. B. The State of Illinois has adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., as amended from time to time ("TIF Act"). C. Pursuant to its powers and in accordance with the TIF Act, and pursuant to Ordinance Nos. 6293, 6294 and 6295, adopted January 17, 2017, the Prospect and Main Tax Increment Financing District ("TIF District") Was formed as a TIF district, for a twenty-three (23) year period. D. In furtherance of the objectives of the abovementioned Ordinances, thea, Village entered into a "Redevelopment Agreement for the Maple Street Lofts '` Development Comprising a part of the Prospect and Main TIF District of the Village of Mount Prospect, Illinois," between the Developer and the Village, dated June 9, 2019, which sets forth the terms and conditions pursuant to which the Developer will proceed with, redevelop, and operate, the Project on the Property ("Redevelopment Agreement"), which terms and conditions include the construction of a public parking garage to be owned by the Village with approximately two hundred sixty-eight (268) spaces. E. The Parties previously amended the Redevelopment Agreement and approved a Guaranteed Maximum Price Amendment pursuant to Ordinance No. 6484, adopted November 5, 2019 F. The Parties desire to amend the Redevelopment Agreement as it pertains to construction of the public parking garage for a second time, allocating an additional $245,000.00 of TIF Funds to the project. G. The Village further desires to approve an AIA Document A133-2009, Standard Form Agreement between Owner and Construction Manager as Constructor, AIA Document A133-2009 Exhibit A Guaranteed Maximum 4432091 Price Amendment with respect to the construction of the public parking garage. SECTION 2: Based upon the foregoing, the Village Mayor, Village Clerk and Village Manager, or their designees, be and are hereby authorized and directed to execute the attached Amendment to the Redevelopment Agreement and perform the Village's obligations thereunder. SECTION 3: Based upon the foregoing, Mayor and Board of Trustees hereby waive competitive bidding and approve AIA Document A133-2009 Exhibit A Guaranteed Maximum Price Amendment with respect to the construction of the public parking garage and the Village Mayor, Village Clerk and Village Manager, or their designees, be and are hereby authorized and directed to execute the attached AIA Document A133-2009 Exhibit A Guaranteed Maximum Price Amendment and perform the Village's obligations thereunder. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this 5th day of May, 2020, pursuant to a roll call vote as follows: AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None APPROVED this 5th day of May, 2020, by the Village Mayor of the Village of Mount Prospect, and attested by the Village Clerk, on the same day. Village Ma^yQ, APPROVED and FILED in my office this 6th day of May, 2020 and published in pamphlet form in the Village of Mount Prospect, Cook County, Illinois. ATTEST: -a. 04 41" Village erk 4432091 SECOND AMENDMENT TO REDEVELOMENT AGREEMENT FOR THE MAPLE STREET LOFTS DEVELOPMENT COMPRISING A PART OF THE PROSPECT AND MAIN TIF DISTRICT OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS This Second Amendment dated this 'I day of May, 2020, amends that certain Redevelopment Agreement for the Maple Street Lofts Development Comprising a Part of the Prospect and Main TIF District of the Village of Mount Prospect, Illinois, dated June 9, 2019, and previously amended by a First Amendment dated November 5, 2019, between the Village of Mount Prospect, Illinois, an Illinois home rule municipal corporation (Village") and Maple Street Lofts, LLC, an Illinois limited liability company (Developer). WITNESSETH: In consideration of the mutual covenants herein contained, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Village and the Developer agree as follows: 1. The aforesaid Redevelopment Agreement, Section VI., Development of the Property, Subsection E., Parking Garage Project is hereby amended as follows: E. Parking Garage Project. The Village and Developer agree that the Developer, through its agent, Nicholas & Associates, Inc., shall construct the Parking Garage Project. 1. Developer, through its agent, Nicholas & Associates, Inc., shall construct the Parking Garage Project in accordance with the plans, schedule and parameters set forth in a separate written agreement between the Village and Nicholas & Associates, Inc. for the construction of the Parking Garage Project. 2. The Funding Cap, as defined in Section VI.C.1. above, shall be increased by an additional $245,000.00, not to exceed a total amount of seven million, two hundred fifteen, and sixty nine ($7,215,069.00) dollars to pay for the costs of the Parking Garage Project. 3. Developer's agent, Nicholas & Associates, Inc., shall be entitled to be reimbursed for its costs of construction of the Parking Garage Project from the Incentive Fund of the Village in the not to exceed amount of seven million, two hundred fifteen, and sixty nine ($7,215,069.00) dollars (Garage Funding Cap), in accordance with the terms and conditions of the written agreement between the Village and Nicolas & Associates, Inc. 4. Developer's agent, Nicholas & Associates, Inc. shall be paid for its costs of the Parking garage for work completed and approved by the Village, as defined and set forth in the separate written agreement referred to in Section VI.E.1. above. Further, Nicholas & Associates, Inc. shall be paid the costs of construction of the 443215_µ Parking Garage from funds available to the Village fromany source„ not limited to Incremental 'Property Taxes per the terms of the separate written agreement, 2• Those provisions of the Redevelopment Agreement not modified by this Amendment shall remain in full force and effect. VILLAGE OF MOUNT PROSPECT By: ° Name: Name: f Village Manager Dater , a 2020 443215,_1 Name:. Its Authorized Officer Date: 7 T —9k 2020