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HomeMy WebLinkAboutOrdinances - ORD-19-1935 - 03/18/2019 - Property Tax Abatement - BPICITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1935 An Ordinance Authorizing the Mayor's Execution of a Property Tax Abatement Agreement Between the City of McHenry and BPI Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 18, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 18th day of March 2019. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. 19-'/ I AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND BPI WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Property Tax Abatement Agreement, bearing the date of March 4, 2019 between the City of McHenry and BPI is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 11- PASSED THIS, DAY OF , [ , 2019 AYES: NAYS: ABSTAINED ABSENT: S�kg4i eoI 61u h Sa�f-1, Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 chnartin@ci.mchenry.il.us www.ci.mchenry.il.us NOT VOTING: APPROVED THIS DAY OF , 2019 MAYO A ST: CITY CLERK Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Property Tax Abatement Agreement between the City of McHenry and BPI Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND BPI, BRAKE PARTS INC LLC This Property Tax Abatement Agreement ("Agreement") is made and entered into this 18th day of March, 2019 ("Effective Date"), by and between the City of McHenry, ("City"), an Illinois Municipal Corporation and Brake Parks INC LLC ("BPI"), an Illinois corporation. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the City has the power to abate property taxes pursuant to its home rule powers and 35 ILCS 200/18-165; WHEREAS, the City desires to attract and retain new and diverse business and industrial enterprises within its boundaries in order to increase the equalized assessed valuation by encouraging private sector investment; WHEREAS, the creation of jobs is essential to the economic and social well-being of the people of McHenry County and the surrounding region; WHEREAS, the Subject Property, 1600 Industrial Drive, legally described on Exhibit A attached hereto and incorporated herein, is identified as tax parcels 09-27-428-016, 09-27-406- 001 and 09-27-406-002 consists of 16 acres more or less and contains an approximately 267,000 square foot one -store building constructed in 1975; WHEREAS, the total 2018 Equalized Assessed Evaluation of the Subject Property is $1,904,792; and WHEREAS, BPI has estimated the costs associated with relocating its Research and Development Facility from Kentucky and improving the Subject Property, including the buildout of the facility and the purchase of equipment to be approximately Four Million Dollars. NOW, THEREFORE IT IS AGREED, BY AND BETWEEN THE CITY AND BPI AS FOLLOWS: 1. Incorporation of Recitals. The Parties incorporate each of the above recitals into this Agreement as if set forth in their entirety. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 2. Authority. This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution if the State of Illinois. 3. Propertv Tax Abatement. The City hereby agrees to abate the real estate taxes levied against the Subject property each year the City's property taxes exceeding the 2018 amount ("Base Property Tax Amount"), attached hereto and incorporated herein as Exhibit B. The 2018 Base Property Tax amount refers to the existing property tax bills prior to new capital investment and reoccupation of a primarily vacant building on the Subject Property. The City agrees to abate their portion of the real estate taxes levied against the Subject Property for a ten (10) year term commencing with the 2019 tax bill payable in 2020 through the 2028 tax bill payable in 2029 ("Property Tax Abatement Term"). 4. Clawback Provision. BPI agrees to repay all Property Tax Abatements referenced in Section 3 of this Agreement to the City if BPI ceases its business operation in the City, at the Subject Property, during any time during this Agreement. Ceasing business operation shall be defined as the permanent closure of the building on the Subject Property for a period of six (6) or more consecutive months prior to the end of the Property Tax Abatement Term. However, the Property Tax Abatement shall not be required to be repaid if BPI expands their business operation at a location other than the Subject Property but within the City. If BPI ceases its business operation in accordance with the aforementioned provisions in this Section BPI agrees to repay all property taxes which have been previously abated by Ordinance by the City. The repayment shall be cumulative an inclusive of all Abatement Ordinances during the Property Tax Abatement Term. Other than property taxes pursuant to this Agreement, the City shall have no obligation to incur any expense, share any revenue or abate any property tax associated with BPI, their business or the Subject Property. 5. Mutual Assistance. The City and BPI agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. 6. Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the Permanent Closure of BPI except that, in that event, BPI must still repay the City pursuant to Section 4; (b) the end of the Property Tax Abatement Term; (c) BPI has not obtained a Certificate of Occupancy to conduct its business operations at the Subject Property by December 31, 2019; (d) BPI relocates its business outside of the City except that, in that event, BPI must still repay Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us the City pursuant to Section 4. This Agreement shall remain in full force and effect for enforcement, indemnity and accounting purposes following the expiration of the Term. 7. Assignment. BPI may assign this Agreement and its right to receive the Property Tax Abatement to a third party upon notice to the City. 8. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties, on BPI's successors and assigns (unless BPI and such successors and assigns agree otherwise in writing), and on successor corporate authorities of the City. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier (such as Fed Ex or UPS), as follows: If to BPI: H. David Overbeeke President and CEO 4400 Prime Parkway McHenry, IL 60050 If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator With a copy to: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, Illinois 60014 9. Default. In the event of a claimed default under this Agreement, the non - defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 10. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty -Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 11. Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between BPI and the City relative to the Property Tax Abatement and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Pates. City of McHenry By Mayor W n S. ett Date Attest: l�' ,E'1�i1 �I�%A(',t/1-t. Debra Meadows Deputy City Clerk Brake PartsXc. LLC BY ' V f4IM/Al t] H. David Overbeeke Date 7 Its: President and CEO Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit B Base Property Tax Amount $13,218.37