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O-24-24 Approving an Amendment to the Redevelopment Agreement Between the Village of Lemont and Lenny's Lemont Real Estate Development, LLC for a Redevelopment Project at 10900 South Archer Avenue in the Village of Lemont Main & Archer TIF Increment Rede418 Main Street ( Lemont, IL 60439 TO: Village Board Meeting FROM: Jason Berry, Community Development THROUGH: George Schafer, Village Administrator SUBJECT: An Ordinance Amending Ordinance 0-22-23 of the Village of Lemont, Cook, Will, and DuPage Counties, Illinois, Approving a Redevelopment Agreement for the Illinois Route 83 and Main Intersection Redevelopment Project in the Main and Archer Tax Increment Financing District. DATE: June 10, 2024 SUMMARY/BACKGROUND The Village of Lemont adopted Ordinance 0-22-23, approving a redevelopment agreement (RDA) with Lenny's Lemont to support the construction of a Gas N Wash at the northwest corner of IL-83 and Main Street. Since this agreement, Gas N Wash has opened, along with two quick -service restaurants operating from the convenience store. Lenny's Lemont seeks to accommodate truck drivers who, after fueling, patronize the convenience store. They have laid out a parking area west of the site detention ponds; the new truck parking lot has already received approval from the Metropolitan Water Reclamation District, and Lenny's Lemont has applied for a site development permit. The proposed truck parking lot is incorporated into this amended RDA. The Planning and Zoning Commission will have a public hearing for rezoning from M-1 to B-3 at their July 10, 2024, meeting, and following that will be presented to the Village Board. Plans for the 10,800 square -foot retail building on Lot 2 (facing IL-83) have also changed. Both Lot 1 and Lot 2 on IL-83 were part of the original RDA with Bluestone Single Tenant Properties, but only Lot 1 was included in the RDA with Lenny's Lemont, the property that Gas N Wash occupies. The amended RDA adds a deadline for the redevelopment of Lot 2, which was missing from the first RDA with Lenny's Lemont. It also adds a proposed retail out lot on Lot 3, south of the proposed truck parking lot (between this lot and Main Street). Neither of the previous RDAs included Lot 3. ANALYSIS Gas N Wash contractors are presently working with Building Division staff to close open permits for the existing building, which opened with temporary occupancy. Village permits NCOM-23-2 for the fuel canopy, convenience store, car wash, and out buildings and SITE-23- 2 for the site development and engineering are expected to be completed before the Village Board meeting. An application for the truck parking lot, SITE-24-5, has been submitted and is waiting approvals for building design (a lighting and electrical plan), a landscape plan, engineering design review, an engineer's estimate of probable cost, and a letter of credit. Consistency with Village Policy VILLAGE OF LEMONT ORDINAN E NUMBER O-" -24 AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND LENNY'S LEMONT REAL ESTATE DEVELOPMENT, LLC FOR A REDEVELOPMENT PROJECT AT 10900 SOUTH ARCHER AVENUE IN THE VILLAGE OF LEMONT MAIN STREET/ARCHER AVENUE TAX INCREMENT REDEVELOPMENT PROJECT AREA JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 6-02024 ORDINANCE NO. 0- -24 AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND LENNY'S LEMONT REAL ESTATE DEVELOPMENT, LLC FOR A REDEVELOPMENT PROJECT AT 10900 SOUTH ARCHER AVENUE IN THE VILLAGE OF LEMONT MAIN STREET/ARCHER AVENUE TAX INCREMENT REDEVELOPMENT PROJECT AREA WHEREAS the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt ordinances for the benefit of the residents of the Village; and WHEREAS, on June _, 2023 the President and Board of Trustees adopted Ordinance O- -23 approving a redevelopment agreement between the Village and Lenny's Lemont Real Estate Development, LLC ("Lenny's"); and WHEREAS, Lenny's has requested an amendment to the redevelopment agreement; and WHEREAS, the Village has determined that the amendment will serve a corporate purpose and promote the economic vitality of the Village. NOW THEREFORE, be it ordained by the President and Board of Trustees of the Village of Lemont, Cook, DuPage and Will County, Illinois as follows: SECTION 1: The above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof as if fully set forth in their entirety. 2 SECTION 2: The amended redevelopment agreement attached hereto as Exhibit A is hereby approved and the Village President is authorized execute the amendment on behalf of the Village. SECTION 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. SECTION 4: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. 3 ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 10 DAY OF JUNE 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: IVL4,46��w MAMPI,1�, Charlene M. Smollen, Vilkge Clerk 0Fte v ev,c� "�LItNOAS rd John Egofske, Village President FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND LENNY'S LEMONT REAL ESTATE DEVELOPMENT, LLC FOR A REDEVELOPMENT PROJECT AT 10900 SOUTH ARCHER AVENUE IN THE VILLAGE OF LEMONT MAIN STREET/ARCHER AVENUE TAX INCREMENT REDEVELOPMENT PROJECT AREA (the "REDEVELOPMENT AGREEMENT") This First Amendment to Redevelopment Agreement between the Village of Lemont and Lenny's Lemont Real Estate Development, LLC for a Redevelopment Project at 10900 South Archer Avenue in the Village of Lemont Main Street/Archer Avenue Tax Increment Redevelopment Project Area dated June , 2024 (the "First Amendment") is made by and among the Village of Lemont, an Illinois municipal corporation duly organized and existing under the laws of the State of Illinois (the "Village") and Lenny's Lemont Real Estate Development, LLC, an Illinois limited liability company (the "Developer"). By agreement of the parties, this First Amendment hereby amends the Redevelopment Agreement as follows: 1. Section C of the RECITALS is deleted in its entirety and replaced by the following: C. Developer Property and Developer Project. The Developer has acquired certain property from the Village, identified on Exhibit A, located within the Redevelopment Project Area which the Developer intends to develop consistent with the Redevelopment Plan approved by the TIF Ordinances. The first phase of the development will consist of a motor vehicle/diesel fuel service station, car wash, convenience store, and associated restaurants (the "Developer Project") which will be constructed on a separate subdivided tax parcel number (the "Developer Property"). The Developer Project is to be constructed on Lot 1 substantially as described and shown on the site plan attached hereto as Exhibit B and shall have estimated TIF Eligible Costs as shown on Exhibit C. The second phase of the development will occur on Lot 2 identified in the attached Exhibit F ("Phase 2") and will consist of one or more commercial uses in conformity with the existing Village B-3 zoning classification and will be uses which are sales tax generating. The third phase of the development will occur on Lot 3 identified in the attached Exhibit F ("Phase 3"). Within 10 days of the date of this First Amendment, Developer will file an application with the Village to rezone Lot 3 from its existing Village M-1 zoning classification to a Village B-3 zoning classification. The Village agrees to rezone Lot 3 to a Village B-3 zoning classification. Lot 3 will be developed in conformity with the B-3 zoning classification and for use as ancillary parking for the Developer Project and one or more sales tax generating uses. 2. Section 3.1 shall be deleted in its entirety and replaced by the following: 3.1 Construction of Developer Project, Phase 2 and Phase 3. The Developer will cause the Developer Project to be constructed in substantial compliance with this Redevelopment Agreement and as shown on Exhibit B. The Developer will not commence construction of the Developer Project, Phase 2 or Phase 3 until it has obtained all necessary Village permits legally required prior to commencement of construction. The Village shall act reasonably and diligently so as not to unduly delay the issuance of any required permits. The Developer shall have the right to terminate this Redevelopment Agreement at any time prior to commencement of construction of the Developer Project. Upon such termination neither the Village nor the Developer shall have any further rights or obligations hereunder. Substantial Completion of the Developer Project shall be achieved by May 1, 2024 and the commencement of operations of the service station shall be by July 1, 2024. These are all target dates and extensions may be granted by the Village if requested by the Developer for delays beyond the control of the Developer. The Developer will cause Phase 2 to be substantially completed by December 31, 2025. Developer shall clean up, regrade and hydro seed Lot 2 on or before September 30, 2024. The Developer will cause Phase 3 to be substantially completed by June 30, 2026. All other terms and conditions of the Redevelopment Agreement not inconsistent with the terms and conditions of this First Amendment shall remain in full force and effect. IN WITNESS HEREOF, the parties have executed and delivered this First Amendment on the date first written above. VILLAGE OF LEMONT An Illinois municipal corporation By: John Egofske, Mayor LENNY'S LEMONT REAL ESTATE DEVELOPMENT, LLC An Illinois limited liability company By: Inc Leonard McEnery, Manager STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION I, Charlene Smollen, do hereby certify that I am the duly qualified and elected Village Clerk of the Village of Lemont, Cook, DuPage and Will County, Illinois, and that as such Village Clerk I do have charge of and custody of the books and records of the Village of Lemont, Cook County, Illinois. I do her by further certify that the foregoing is a full, true and correct copy of Ordinance No. d - 2 - A "AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND LENNY'S LEMONT REAL ESTATE DEVELOPMENT, LLC FOR A REDEVELOPMENT PROJECT AT 10900 SOUTH ARCHER AVENUE IN THE VILLAGE OF LEMONT MAIN STREET/ARCHER AVENUE TAX INCREMENT REDEVELOPMENT PROJECT AREA," adopted and approved by the President and Board of Trustees of the Village of Lemont, Illinois on June 10, 2024. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Lemont, Cook, DuPage and Will County, Illinois this t D day of June 2024. G� 0 F l F v Z /ZLIN 1.1 Charlene Smollen Village Clerk Village of Lemont Cook County, Illinois