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O-64-06 09/25/2006VILLAGE OF LEMONT ORDINANCE NO. 0 -64 -06 AN ORDINANCE APPROVING PARKING AGREEMENTS BY AND BETWEEN VILLAGE OF LEMONT, IL AND MP LEMONT, IL, LLC, IN CONNECTION WITH DOWNTOWN CANAL DISTRICT I REDEVELOPMENT PROJECT AREA, AND RELATED MATTERS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 25th day of September , 2006 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 25th day of September , 2006 ORDINANCE NO./ I -(/)'7 "U 0 AN ORDINANCE APPROVING PARKING AGREEMENTS 13Y AND BETWEEN THE VILLAGE OF LEMONT, ILLINOIS AND MP LEMONT, LLC, IN CONNECTION WITH DOWNTOWN CANAL DISTRICT I REDEVELOPMENT PROJECT AREA, AND RELATED MATTERS WHEREAS, MP Lemont, LLC, an Illinois limited liability company, as successor by assignment from Marquette Property Investments, Inc. (the "Townbuilder"), and the Village of Lemont, Illinois (the 'Municipality ") have entered into and on August 22, 2006 delivered the Redevelopment Agreement dated as of May 15, 2006 (including all exhibits and attachments in connection therewith, as supplemented and amended, the "Redevelopment Agreement," with respect to which undefined terms herein shall have the meanings therein) concerning redevelopment incentives and assistance related to the preservation, development and redevelopment of a part (the 'Phase 1 Development Property ") of the Municipality's Downtown Canal District I Redevelopment Project Area (the "Redevelopment Project Area "); and WHEREAS, the Redevelopment Agreement in paragraph 4.5 provided for certain parking agreements within the Phase 1 Development Property, subject to such supplemental proceedings as may be required under applicable law, with respect to which the Municipality on September 8, 2006, under Sections 11 -76 -2 and 11- 74.4 -4(c) of the Illinois Municipal Code, published a "Notice of Intent to Lease Parking Spaces in the Downtown Canal District I Redevelopment Project Area (TIF) ", which also included a related request for alternate proposals under the Tax Increment Allocation Redevelopment Act, in The Reporter, a newspaper published and of general circulation within the Municipality. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows: Section 1. Approvals. The Redevelopment Agreement, as approved by Ordinance No. 0- 28 -06, adopted May 15, 2006 (the "Prior Ordinance "), including without limitation the parking agreements in paragraph 4.5 thereof, constituting authorization for leases, licenses or other use agreements and any and all actions taken thereunder, shall be and is hereby ratified and confirmed and such paragraph 4.5, as supplemented and amended as provided therein, shall constitute, as applicable, terms of leases, licenses and other use agreements as the Townbuilder or the Condominium Association under the Redevelopment Agreement is authorized to enter into and administer. The appropriate officers, agents, attorneys and employees of the Municipality are authorized to take all supplemental actions, including (i) the issuance from time to time of TIF Notes and /or Refunding TIF Notes under the Redevelopment Agreement and related Authenticating Orders from time to time, and (ii) the execution and delivery of related supplements and amendments and related supplemental approvals and consents, obligations (including TIF Notes, Refunding TIF Notes and Authenticating Orders) opinions, certificates, agreements (including supplemental Parking Agreements from time to time under or in connection with such paragraph 4.5, subject to authentication by the Municipality or the Townbuilder, as the case may be), instruments not inconsistent with the Redevelopment Agreement, desirable or necessary to implement and otherwise give full effect to the Redevelopment Agreement (and including without limitation the TIF Notes, and/or Refunding TIF Notes, as the case may be, and related Authenticating Orders) and the Parking Agreements. Section 2. Rid Waiver Pursuant to Section 8 -9 -1 of the Illinois Municipal Code bidding requirements, if any, related to the Redevelopment Agreement and related documents and related contracts entered into or to be entered into shall be and are hereby waived. The Townbuilder shall be responsible for compliance with applicable law related to the Redevelopment Agreement, including without limitation the Prevailing Wage Act. ,Section 3. Effective. This ordinance shall be in full force and effect in the manner provided by law. This ordinance shall not be construed to abrogate, diminish or impair the Prior Ordinance or the Redevelopment Agreement as approved by the Prior Ordinance. Upon motion by Trnetee r.n,.leg , seconded by Trustee Miklos , adopted this 25 day of September, 2006, by roll call vote, as follows: AYES(Names): Blatzer, Coules, Miklos, Reaves, Stapleton, Virgilio NAYS (Names): ABSENT (Names): (SEAL) Attest: /�_, ,4 illage Clerk, Village o emont, Cook, DuPage and Will Counties, Illinois Approved this 25 day of September, 2006. Village DuPa: and Will Counties, Il resident, Village of -2- s Cook, STATE OF ILLINOIS ) COUNTY OF COOOK ) SS. VILLAGE OF LEMONT ) CF.RTWI ATION OF ORDINANCE I, Charlene M. Smollen, do hereby certify that I am the duly selected, qualified and acting Village Clerk of the Village of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality"), and as such official I am the keeper of the records and files of the Municipality and of its President and Board of Trustees (the "Corporate Authorities "). I do further certify that the attached ordinance constitutes a full, true and correct excerpt from the meeting and proceedings of the Municipality's Corporate Authorities held on September 25, 2006, insofar as same relates to the adoption of Ordinance No. 0 -64 -06 , entitled: AN ORDINANCE APPROVING PARKING AGREEMENTS BY AND BETWEEN THE VILLAGE OF LEMONT, ILLINOIS AND MP LEMONT, LLC, IN CONNECTION WITH DOWNTOWN CANAL DISTRICT I REDEVELOPMENT PROJECT AREA, AND RELATED MATTERS, a true, correct and complete copy of which ordinance as adopted at such meeting appears in the minutes of such meeting and is hereto attached. Such ordinance was adopted and approved on the date thereon set forth by not less than a affirmative vote of a majority of the Corporate Authorities and approved by the Village President on the date indicated thereon. I do further certify that the deliberations of the Corporate Authorities on the adoption of the above ordinance were taken openly, that the vote on the adoption of such ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that the Agenda for the meeting was duly posted at the Village Hall at least 48 hours prior to the meeting, that notice of such meeting was duly given to all of the news media requesting such notice, that such meeting was called and held in strict compliance with the provisions of the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such laws and such Code and their procedural rules in the adoption of such ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village of Lemont, Illinois, this 25 day of September, 2006, (SEAL) Village C erk LEGAL NOTICE / PUBLIC NOTICE NOTICE OF INTENT TO LEASE PARKING SPACES IN THE DOWNTOWN CANAL DISTRICT I REDEVELOPMENT PROJECT AREA (TIF) Notice is hereby given that the Village of Lemont, Illinois intends to adopt an ordinance authorizing the lease of 82 (out of 262 total) parking spaces in a parking structure to be constructed as part of a mixed use commercial residential develop- ment in connection with a Redevelopment Agreement (as approved by Ordinance No. 0- 28-06, adopted May 15, 2006, the "Redevelopment Agreement ") with MP Lemont, LLC (as successor to Marquette Property Investments, Inc.), con- cerning a part of the redevelopment project within the Downtown Canal District I Redevelopment Project Area (approved April 18, 2005). The restrictions on the use of the property, as set forth in such Redevelopment Agreement, relate to the use of the property for public parking (180 spaces) and 82 reserved parking spaces for residential condominium units. The property is at 340 River Street, Lemont, Illinois. Section 4.5 of the above Redevelopment Agreement sets out the na- ture of the use arrangements, and provides for nominal monthly rents. This notice is given in the event the intended "li- censes" for use of the 82 residential units would be determined to be leases. The legal description of the property loca- tion is set forth in Exhibit A. The President and Board of Trustees anticipate adopting an ordinance concerning the 82 parking spaces at the regular meeting of September 25, 2006 at 7:OOm. at 418 Main Street, in Lemont, Illinois. This notice is also given to request alternate proposals related to the proposed disposition of Municipally owned prop- erty under Section 11- 74 -4(c) of the Tax Increment Allocation Redevelopment Act. Contact may be made to Ben Wehmeier, Assistant Administrator at (630) 257 -6440 to review the Redevelopment Agreement and any questions. Pro- posals may be submitted to Ben Wehmeier at 418 Main Street, Lemont, Illinois 60439 on or before September 20, 2006. By: /s/ Charlene M. Smollen Village Clerk EXHIBIT A Legal Description THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SEC- TION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DE- SCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN COUNTY CLERK'S DIVISION OF UNSUBDIVIDED LANDS IN SAID SECTION 20 WITH THE EAST LINE OF THE WEST 400.5 FEET OF LOT 9 LYING EAST OF THE EAST LINE OF STATE STREET PRODUCED NORTHERLY ACROSS SAID LOT 9, IN SAID COUNTY CLERK'S DIVISION (AS MEASURED ALONG THE SOUTH LINE OF LOT 9): THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 34 MINUTES 56 SECONDS EAST ALONG THE EAST LINE OF THE WEST 400.5 FEET OF LOT 9 IN SAID COUNTY CLERK'S DIVISION, 140.00 FEET: THENCE NORTH 63 DEGREES 01 MINUTES 14 SEC- ONDS EAST, 17.83 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 116.76 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SECONDS EAST, 38.42 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 12.92 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SECONDS EAST, 19.24 FEET: THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 18.75 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE NORTH 88 DEGREES 43 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 9 FOR A DISTANCE OF 71.66 FEET TO THE POINT OF BEGINNING. ALSO COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN COUNTY CLERK'S DIVISION OF UNSUBDIVIDED LANDS IN SAID COUNTY CLERK'S DIVISION (AS MEASURED ALONG THE SOUTH LINE OF LOT 9) THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 34 MINUTES 56 SECONDS EAST ALONG THE EAST LINE OF THE WEST 400.5 FEET OF LOT 9 IN SAID COUNTY CLERK'S DIVISION, 140.00 FEET; THENCE NORTH 63 DEGREES 01 MINUTES 14 SECONDS EAST, 71.19 FEET TO THE POINT OF BEGINNING; THENCE CON- TINUING NORTH 63 DEGREES 01 MINUTES 14 SECONDS EAST, 2.32 FEET, THENCE NORTH 79 DEGREES 05 MI- NUTES 50 SECONDS EAST ALONG THE SOUTH LINE OF RIVER STREET AS DEDICATED BY DOCUMENT NO. 22695261 FOR A DISTANCE OF 76.77 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 22.41 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SECONDS EAST, 77.75 FEET; THENCE SOUTH 01 DE- GREES 16 MINUTES 48 SECONDS WEST, 7.00 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SECONDS EAST, 17.33 FEET; THENCE 01 DEGREES 16 MINUTES 48 SECONDS EAST, 7.00 FEET; THENCE SOUTH 88 DE- GREES 43 MINUTES 12 SECONDS EAST 52.00 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST, 41.41 FEET TO THE SOUTH LINE OF SAID RIVER STREET; THENCE SOUTH 88 DEGREES 43 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID RIVER STREET 9.17 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST 68.2 FEET, THENCE NORTH 88 DEGREES 43 MINUTES 12 SECONDS WEST, 10.67 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 17.33 FEET: THENCE SOUTH 88 DE- GREES 43 MINUTES 12 SECONDS EAST, 10.67 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 76.00 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SECONDS EAST, 42.00 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST, 161.58 FEET TO THE SOUTH LINE OF RIVER STREET THENCE SOUTH 88 DEGREES 43 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID RIVER STREET, 14.13 FEET TO THE WEST LINE OF THE EAST 80 FEET OF BLOCK 5 IN SINGER AND TALCOTT STONE COMPANY'S SUBDIVISION. THENCE SOUTH 01 DEGREES 18 MINUTES 56 SECONDS WEST ALONG THE AFORE- SAID LINE, 210.00 FEET TO THE SOUTH LINE OF LOT 10 IN COUNTY CLERK'S DIVISION; THENCE NORTH 88 DE- GREES 43 MINUTES 12 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 10, 14.00 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST 41 33 FEET; THENCE NORTH 88 DEGREES 43 MINUTES 12 SEC- ONDS WEST, 131.42 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST, 7.00 FEET; THENCE NORTH 88 DEGREES 43 MINUTES 12 SECONDS WEST,18.83 FEET: THENCE SOUTH 01 DEGREES 16 MINUTES 48 SECONDS WEST, 7.00 FEET; THENCE NORTH 88 DEGREES 43 MINUTES 12 SECONDS WEST, 130.08 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST 50.42 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SECONDS EAST, 10.67 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST, 17.33 FEET; THENCE NORTH 88 DEGREES 43 MINUTES 12 SECONDS WEST, 10.67 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST, 30.00 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 12 SEC- ONDS EAST, 5.00 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 48 SECONDS EAST 34.61 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. September 8, 2006 Liberty Suburban Newspapers 8087 LEM AFFIDAVIT Customer 3532 Reference 8087 TIF Parkina Amount: $675.00 VILLAGE OF LEMONT 418 MAIN STREET LEMONT, IL 60439 Linda M. Siebolds, agent of Liberty Suburban Chicago Newspapers, HEREBY CERTIFIES that he /she is Legal Advertising Manager of Liberty Suburban Chicago Newspapers, that said Liberty Suburban Chicago Newspapers is a secular newspaper and has been published weekly in the Village of Lemont, in the county of Cook, DuPage and Will in the state of Illinois, continuously for more than one year prior to, on and since the date of the first publication of the notice hereinafter referred to and is of general circulation throughout the county and the state. That said agent hereby certifies that Liberty Suburban Chicago Newspapers is a newspaper as defined in Chapter 715 et seq. of the Illinois Revised Statutes. That a notice, of which the annexed printed slip is a true copy, was published 1 (one) time in said Liberty Suburban Chicago Newspapers, namely, once each week for one successive week(s). The first publication of said notice as aforesaid was made in said newspaper dated and published on the 8th day of September A.D. 2006 and the last publication thereof was made in said newspaper dated and published on 8th day of September A.D. 2006. IN WITNESS WHEREOF, the undersigned has caused this certification to be signed this 8th day of September A.D. 2006. Linda M. Siebolds Legal Advertising Manager Liberty Suburban Chicago Newspapers OFFICIAL SEAL DEBRA SHERMAN NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES B -12 -2010