2016-12-19 - Ordinance 2016-067 - APPROVING AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMWITH WITH WOODMAN'S FOOD MARKETECONOMIC DEV
BY AND BETWEEN
VILLAGETHE OF + GROVE
AND
WOODMAN'S FOOD MARKET, INC.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
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that currently operates numerous grocery stores in Wisconsin and Illinois — desires to construct and
operate an approximately 242,000 square font grocery store along with a fuel center, convenience
store, quid tube and car ash at the northwest corner of Deerfield Parkway and Milwaukee Avenue
In the Village (the "project!'); and
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Amendment to the Development Agreement By and Between the Village of Buffalo Grove and
ABSENT: 0 - None
...............................................
ATTEST: APPROVED:
Beverly Sussman, Village President
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AMENDMENTTOTHE
BUFFALOBY AND BETWEEN
THE VILLAGE OF GROVE
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/ ■ / + FOOD MARKET,
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AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
WOODMAN'S FOOD MARKET, INC.
This Agreement is made and entered into as of the 190 day of December, 2016,
("Agreement"), by and between the Village of Buffalo Grove, an Illinois home rule municipal
corporation (hereinafter defined as the "Village") and Woodman's Food Market, Inc., a
Wisconsin corporation authorized to do business in Illinois, (hereinafter defined as
"Woodman's").
1TAEREAS, the Village and Woodman's have previously entered into a Development
Agreement dated June 20, 2016 which was approved by the Village by Village Ordinance No.
2016-037 and
WHEREAS, the June 20, 2016 Development Agreement provided for development or
Lot 2 (as shown on Exhibit A hereto) of a fuel center, convenience store, quick lube an*'
carwash;and
WHEREAS, the fuel center, convenience store, quick lube and carwash will now be
constructed on Lot 1 and therefore the Development Agreement dated June 20, 2016 needs ta.
be amended, and
,-..VREREAS, the Development Agreement dated June 20, 2016 as hereby amended shali
be known as the Economic Development Agreement.
In consideration of the foregoing WHEREAS clauses, the following recitals and mutual
covenants and agreements set forth herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree to amend Section 1, Section 3 and Section 9.0. of the
Development Agreement dated June 20, 2016 to read as follows:
A. Woodman's desires to construct an approximately 242,000 square foot grocery store along
with a fuel center, convenience store, quick lube and carwash at the northwest corner of
Deerfield Parkway and Milwaukee Avenue in the Village (hereinafter collectively defined as
the "Project").
B. Woodman's must first acquire the approximately twenty (20) acres of the property located at
the northwest corner (Lot 1) and southwest corner (Lot 2) of Deerfield Parkway and
Milwaukee Avenue (hereinafter collectively defined as the "Premises"), which is graphically
depicted in Exhibit "A" attached hereto.
C. Woodman's must then construct the Project on the Premises. In order to receive any
economic incentive from the Village, Woodman's must construct a grocery store with related
parking and loading spaces necessary, a fuel center, convenience store, quick lube and
carwash on Lot 1 (17.96 acres) There are no current plans to develop Lot 2. The real
D. Upon Woodman's acquisition of the Premises and development of the Project, and in order
to receive any economic incentive from the Village, Woodman's agrees that it shall be
financially responsible for constructing all necessary offisite roadway and intersection
improvements along Deerfield Parkway and Milwaukee Ave, as required by the Village, the
Lake County Department of Transportation and the Illinois Department of Transportation.
Said offsite roadway and intersection improvements are estimated at $4,000,000.00.
J. The single order acceptance point for the Business is conducted from the Premises,
K. Woodman's has projected an opening date of late summer or early fall of 2018.
SECTION 3. WOODMAN'S OBLIGATIONS
A. Obligation Prereguisites. Woodman' obligations listed to and rights to receive the
Incentive Payment are contingent upon Woodman's
a. first acquiring or otherwise being authorized to use the Premises, and
b. construction of the Project and operation of the Business;
c. construction of the Offalte Improvements.
B. Now Construction. Prior to the receipt of any Incentive Payment from the Village,
Woodman's shall construct a minimum 242,000 square foot grocery store with related
parking and necessary loading spaces, a fuel center, convenience store, quick tube and
carwash on Lot 1. It is understood and agreed that the final plans including but not limited
to a site plan, engineering plans, signage plans, building plans, exterior elevations and
landscape plans are subject to future public hearings and the final review and approval by
the Village. The Village agrees to expeditiously review and process said plans, which shall
substantially conform to Exhibit A.
............... ............
D. Failure to Construct. In the event Woodman's is unable or unwilling to construct the
Project on the Premises and the Offsite Improvements by October 1, 2020 this Agreement
shall become null and void. The Village's sole remedy for Woodman's failure to construct
shall be the Village's right to unilaterally terminate this Agreement and declare the
Agreement null and void.
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W. itf BUFFALO GROVE
Janet S 4cibian, Village Clerk
WOOD D T, INC.
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Clint V;&Anain
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Its: Vice President
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ACKNOWLEDGEMENT
STATE OF ILLINOIS
W
COUNTY OF LAKE
This instrument was acknowledged before me on DLe-embe.- 13 2016 by
Beverly Sussman, the Village President of the VILLAGE OF BUFFALO GROVE, an Illinois
home rule municipal corporation, and by Janet Sirabian, the Village Clerk of said municipal
corporation.
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My Commission
Sign ureof Netary
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This Instrument was acknowledged before me on 2016 by Clint
Woodman, \Ace President of Woodman's Food MarketATtw-'.1ft�-1-n-E in - orporation.
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EXHIBITs,
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DEVELOPMENT
......... P. AGREEMENT
BY AND BETWEEN
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AND
WOODMAN'S FOOD MARKET, INC.
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