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2020-36 - RESOLUTION OF INDUCEMENT TO DEVELOPMENT/REDEVLOP CERTAIN PROPERTY IN THE VILLAGE OF BUFFALO GROVE, ILLINOIS - 07/20/2020 RESOLUTION NO. 2020 -36 RESOLUTION OF INDUCEMENT TO DEVELOP/REDEVELOP CERTAIN PROPERTY IN THE VILLAGE OF BUFFALO GROVE, ILLINOIS VAMREAS, the Village of Buffalo Grove, Cook County and Lake County, Illinois (the "Village") is a body politic and corporate, home rule unit of government under Section 6(a); Article VII of the 1970 Constitution of the State of Illinois and may exercise powers pertaining to its local government and affairs, and duly organized and existing under the laws of the State of Illinois; and WHEREAS, pursuant to its powers and in accordance with the requirements of the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIF Act"), the President and Board of Trustees of the Village of Buffalo Grove (collectively, the "Corporate Authorities"), pursuant to Ordinance 2020-056, 2020-057, and 2020-058, respectively, adopted on July 20, 2020, a redevelopment plan and project (the "Redevelopment Plan") setting forth a plan for the development, redevelopment and revitalization of the redevelopment project area; designated a redevelopment project area known as the 2020 Buffalo Grove Lake Cook Road TIF District Redevelopment Project Area (the "Redevelopment Project Area"); and adopted tax increment allocation financing for the Redevelopment Project Area; and, WHEREAS, the Village has been informed by IM Kensington Development LLC (the "Developer"), that it intends to acquire certain property, as depicted on Exhibit A hereto, located within the Redevelopment Project Area (the "Subject Property"), and thereafter substantially redevelop the Subject Property into a mixed use development (the"Project"); and, WHEREAS, the Developer has informed the Village that the ability to acquire the Subject Property and undertake the Project thereon requires financial assistance from the Village for certain improvements that would be incurred in connection with the redevelopment, which costs would constitute "Redevelopment Project Costs" as such term as defined in the TIF act; and, WHEREAS, the Developer would like to incur certain costs in connection with the Project prior to the consideration of an ordinance authorizing the execution of a redevelopment agreement between the Village and Developer pertaining to the Subject Property, wherein reimbursement for such costs may be considered between the parties subject to certain terms and conditions; and, WHEREAS, the Developer desires such costs related to the Project to qualify for consideration as Redevelopment Project Costs that can be reimbursed utilizing tax increment financing, provided that such costs constitute Redevelopment Project Costs under the TIF Act; and, WHEREAS, the Village is desirous of having the Subject Property renovated and redeveloped, and the Village believes that it is not economically feasible to do so, given the impediments to renovation which have prevented such reinvestment to date; and, WHEREAS, the Site is in need of substantial reinvestment by private enterprise and such reinvestment is not reasonably anticipated without certain public assistance by the Village; and 2 WHEREAS, the Corporate Authorities find and hereby declare that it is in the best interests of the Village that Subject Property as depicted on Exhibit A attached hereto and made a part hereof be redeveloped; and WHEREAS, this Resolution is intended to allow the Developer to incur certain costs relating to the Project that may be considered Redevelopment Project Costs, provided the Corporate Authorities, within their sole discretion, review and consider an ordinance authorizing the execution of a redevelopment agreement pertaining to the Subject Property with the Developer. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND VILLAGE BOARD OF TRUSTEES, COOK COUNTY AND LAKE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The foregoing recitals shall be and are hereby incorporated in this Section One as if said recitals were fully set forth herein. SECTION TWO: The Corporate Authorities may consider expenditures that are "Redevelopment Project Costs", as such term is defined in the TIF Act, in connection with the Project incurred prior to the review and consideration of a redevelopment agreement with the Developer, or a successor or assignee of the Developer, to be expenditures that are eligible for reimbursement through the TIF Act to the extent the Project is in furtherance of the redevelopment Plan for the overall Redevelopment Project Area. SECTION THREE: All undertakings of the Village set forth herein are specifically contingent upon the ability of the Village to determine, review and consider, within its discretion, a redevelopment agreement with the Developer, or a successor or assignee of the 3 Developer, which provides for the redevelopment of the Subject Property in accordance with the terms and conditions to be negotiated between the parties. SECTION FOUR: If any section, paragraph, clause or provisions of this Resolution shall be held invalid, thereof shall not affect any other provision of this resolution. SECTION FIVE: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 6—Stein Ottenheimer,Weidenfeld,Johnson,Smith, Pike NAYES: 0 - None ABSENT: 0 -None PASSED: July 20,2020 APPROVED: July 20,2020 APPROVED: Beverly Suss , Village President ATTEST: JanhS` abian, Village Clerk 4 EXHIBIT A General Depiction of the Subject Property r rr 9 � � I ( � fir f f 1' III, FOR ON ,, �.�, �( rw ,,.�i�✓ w Wa s w'� f1 'l .,f ri� x r✓/i a r r J 14YBy'l �rs� f r ao I 1 a l �+umaroa p „� It"I O m, � y a 4�f,/ r/ „ c, ", � �; I �r �tl��� ,��, d>� ICI`,. �� J/. ,i 6 f, 'd ' , W a Of 01 ''q'����w. r1 w� -w...w, ,��/'i✓i�✓ $µ�„„ �';,�� ,�w �`p�"�i, , ,,..'/r��/�,�;,- -. i A w�.rva: NMI,a , 4 f . !�J1' /C ��(l�� . µ X'A'�MM �p�✓ µk f /��� // M�� . � o�"'� / / �N� JI / � " / ra �N � a /1 ill �r s ,� f ,.,,ww �IreoAbrv�ra�uRrP ,� � nrmw,�i�i oaP,'u"AP;I�w,as�na � it "P w