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HomeMy WebLinkAbout00-184 r , /m _ Resolution No. 00-184 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH MOTOROLA, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Motorola, Inc . for a new Distribution Center Development located at the northwest corner of the 1-90 Tollway and Randall Road, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2000 Adopted: August 9 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk JUL 8-2000 TUE 03: 19 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 03 RAGREE/MOTOROLA.DA2 ' Draft 7/18/00 DEVELOPMENT AGREEMENT This Development Agreement is made and entered into this iyhAday of , 2000 , by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City") and MOTOROLA, INC. , a Delaware corporation, (hereinafter referred to as "Motorola") . WITNESSETH WHEREAS, the City and Motorola entered into a Development Agreement dated February 14, 1996 (hereinafter referred to as the "Original Development Agreement" ) ; and • WHEREAS, Motorola is the owner of the property located at the northwest corner of the 1-90 Tollway and Randall Road with such property being legally described in the Original Development Agreement in Exhibit A thereto (hereinafter referred to as the "Original Development Property") ; and WHEREAS, the Original Development Agreement provided that Motorola was to develop the Original Development Property with Motorola ' s Messaging, Information and Media Sector Complex; and WHEREAS, the Original Development Agreement further . provided for the City to provide certain economic development assistance to Motorola for the development by Motorola of the Original Development Property with Motorola ' s Messaging, Information and Media Sector Complex; and JUL18-2000 TUE 03: 19 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 04 WHEREAS, the economic development assistance to be provided by the City pursuant to the Original Development Agreement was expressly contingent upon Motorola commencing • and completing the development of the Original Development Property with its Messaging, Information and Media Sector Complex by specified dates; and WHEREAS, the City and Motorola entered into an Amended Development Agreement dated July 23 , 1997, which provided Motorola additional time to commence and complete the development of the Original Development Property with its Messaging, Information and Media Sector Complex (such Amended Development Agreement between the city and Motorola dated July 23 , 1997, is hereinafter referred to as the "Amended Development Agreement") ; and WHEREAS, Motorola has elected not to develop the Original Development Property with its Messaging, Information and Media Sector Complex; and WHEREAS, as a result of Motorola not having developed the Original Development Property with its Messaging, Information and Media Sector Complex on the Original Development Property and completing same by the dates specified in the Amended Development Agreement the City and Motorola acknowledge and agree that pursuant to the Amended Development Agreement between Motorola and the City of Elgin Motorola currently owes and is obligated to repay to the City of Elgin the total amount of $665 , 393 . 14 , with such amount • being comprised of the first installment of the economic -2RJK- JUL-I8-2000 TUE 03: 19 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 05 development grant previously paid by the City to Motorola in the amount of $250, 000 provided for in paragraph 4 of the Amended Development Agreement and $415, 393 . 14 of costs the City incurred arising from the utility improvements as set forth in paragraph 3 of the Amended Redevelopment Agreement ; • and WHEREAS, Motorola after consultations with the City concerning certain potential additional development assistance and the repayment to the City of development assistance provided by the City pursuant to the Original Development Agreement as amended by the Amended Development Agreement, Motorola has determined to proceed with the development of a Distribution Center to support growth and process improvements in Motorola' s Communication Enterprise Business on a site in the City of Elgin located at the property known as Northwest XI in the Northwest Corporate Park being developed by the Wispark Corporation and legally described on Exhibit A hereto (hereinafter referred to as the "New Development Property" ) ; and WHEREAS, in order to provide for the continued development of the City including the development of the New Development Property by Motorola with a Distribution Center the City has agreed to provide certain development assistance as hereinafter described; and WHEREAS, the City providing the development assistance to Motorola for its Distribution Center on the New Development Property will result in a substantial increase in • -3- rt)31IC JUL:18-2000 TUE 03:20 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 06 • the City' s tax base, provide new and additional employment opportunities in the City of Elgin and specifically will result in a minimum investment by Motorola of approximately $30 million in capital improvements and the relocation of approximately 500 jobs to the City of Elgin and the creation of approximately 100 new jobs within the City of Elgin; and WHEREAS, the City of Elgin is a home rule unit . authorized to exercise or perform any function relating to its government and affairs; and WHEREAS, economic development initiatives as provided herein resulting in significant increases in the City of Elgin' s tax base and employment opportunities within the City of Elgin are matters within the government and affairs of the City of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows : • 1 . That the foregoing recitals are incorporated into this agreement in their entirety. 2 . That Motorola shall develop the New Development Property with a Distribution Center according to the site plan prepared by Stephen Rankin attached hereto as Exhibit B (such Distribution Center to be constructed by Motorola on the New Development Property is hereinafter referred to as the "Distribution Center Development" ) . Such Distribution Center JUL-19-2000 WED 03:01 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 02/02 Development shall also provide for berms and other landscaping as required by the City. It is understood and agreed that the initial phase of the Distribution Center Development shall be approximately 300, 000 square feet on approximately 30 acres and that the value of the project, including land, improvements, buildings and equipment shall be approximately • $37, 000 , 000 , Motorola shall complete the construction of the Distribution Center Development , occupy same and commence operations at the Distribution Center Development on or before December 31, 2001 . 3 . That upon the occupancy of the new Distribution Center Development Motorola shall relocate approximately 500 previously existing full time jobs to such Distribution Center Development , Motorola shall also create approximately 100 new full time jobs at the Distribution Center Development within thirty-six (36) months of Motorola ' s occupancy of the • Distribution Center Development . It is anticipated that the • breakdown of the types of jobs that Motorola will provide at the Distribution Center Development is as follows : 1 . Material pickpack, quality control and shipping and receiving Salary ranges $25, 000-30 , 000 annually; 2 . Operations technicians - Salary (depending upon experience is $30, 000-35, 000 annually; and 3 , Product analysis and supervisors - Salary range $42, 000-48 , 000 annually. 4 . That in consideration of Motorola! s undertaking and completing of the development of the New Development Property with the Distribution Center Development and Motorola VY1/4 -5- JUL-18-2000 TUE 03:20 PM CITY OF ELGIN FAX Na 1847 931 6075 P. 08 providing for the relocation, creation and establishment of jobs as set forth herein the City agrees to provide the economic development assistance to Motorola as set forth in this paragraph to be used by Motorola for costs associated with the development of the Distribution Center Development including for such matters as offsetting job relocation expenses, infrastructure improvements, fiber optics, power and telecommunication service and worker training. Such economic development assistance from the City to Motorola for the Distribution Center Development shall be provided to Motorola as follows : A. Pursuant to the Amended Development Agreement • between Motorola and the City Motorola currently owes and is obligated to repay to the City the first installment of an economic development grant previously paid by the City to Motorola in the amount of $250, 000 . In the event of and upon Motorola' s completion, occupancy of and commencing operations at the Distribution Center Development on or before December 31, 2001 , and in the event of and upon Motorola ' s having provided for the relocation, creation and establishment of jobs at the Distribution Center Development as required in the preceding paragraph 3 hereof, the City will forgive Motorola ' s required repayment of such sum of $250, 000 and . instead will permit Motorola to use such monies toward the costs of the development of the Distribution Center Development as identified herein. -6- • SI1-18-2000 TUE 03:20 PM CITY OF ELGIN FAX Na 1 847 931 6075 F. u B. Pursuant to the Amended Development Agreement between Motorola and the City Motorola also currently owes and is obligated to repay to the City the amount of $415 , 393 . 14 to reimburse the City for costs the City incurred arising from certain utility improvements made by the City. It is agreed that commencing from July 1, 2000, interest shall be charged and shall accrue at six percent (6%) simple interest per annum on such sum of $415, 393 . 14 . In the event of and upon Motorola' s completion, occupancy of and commencing operations at the Distribution Center Development on or before December 31 , 2001, and in the event of and upon Motorola having provided for the relocation, creation and establishment of jobs at the Distribution Center Development as required in the preceding paragraph 3 hereof, it is agreed Motorola shall • be permitted to defer repayment of such sum of $415, 393 . 14, plus the above stated interest, to the City until the occurrence of the earliest of one of the following three instances : i) the Original Development Property or any part thereof is developed in any fashion as evidenced by the City of Elgin issuing a certificate of occupancy for any portion of such property; or ii) the Original Development Property or any part thereof is sold or leased; or iii) August 1 , 2005 . Upon the occurrence of the earliest of one of the preceding three instances Motorola shall immediately pay to the City such sum of $415 , 393 . 14 , plus interest . Motorola may also elect to pay such sum of $415, 393 . 14 , plus interest, at any time prior to the above specified instances. 1:1/11C -7- JUL-18-2000 TUE 03:20 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 10 C, In the event of and upon Motorola ' s completion, occupancy of and commencing operations at the Distribution Center Development on or before December 31, 2001, and in the event of and upon Motorola having provided for the relocation, creation and establishment of jobs at the Distribution Center • Development as required in the preceding paragraph 3 hereof, the City will pay to Motorola the sum of $100, 000 to be used by Motorola toward the costs of the development of the Distribution Center Development as identified herein. 5 . That the parties understand and agree that the economic development assistance being provided by the City to Motorola as set forth herein is expressly contingent upon Motorola' s development of the Distribution Center Development on the New Development Property as set forth herein. In the event Motorola fails to complete, occupy and commence operations at the Distribution Center Development on the New Development Property on or before December 31 , 2001, and/or in the event Motorola fails to provide for the relocation, creation and establishment of jobs at the Distribution Center Development as required in the preceding paragraph 3 hereof, the parties understand and agree that the City will not be providing any economic development assistance to Motorola for the Distribution Center Development pursuant this agreement or otherwise, and that Motorola shall immediately provide full payment to the City of the monies Motorola currently owes and is obligated to repay to the City of Elgin pursuant to the • -8- FY\ JUL-18-2000 TUE 00:20 PM CITY OF ELGIN FAX Na 1 847 931 6075 p, 11 Amended Development Agreement in the amount of $665, 393 . 14 , plus interest . 6 . That to assist Motorola in attempting to expedite the construction of the Distribution Center Development the City agrees that such development shall be coordinated through the City' s Director of Community Development who will assemble a City staff development team . encompassing engineering, site planning, permitting and other related development work, 7 . That the City agrees that the building setbacks and height restrictions which are specified on the site plan for the Distribution Center Development prepared by Stephen Rankin and attached hereto as Exhibit B comply with the current ORI zoning for the New Development Property as modified by the existing annexation agreement for the New Development Property, 8 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership, or other agency relationship between the parties hereto. • 9 . That all notices or other communications hereunder shall be made in writing and shall be deemed given if personally delivered, sent by overnight courier or mailed by registered or certified mail, return receipt requested, to the parties at the following addresses, or at such other addresses for a party as shall be specified by like notice, and shall be deemed received on the date which said notice is -9- SUL-18-2000 TUE 03:20 PM CITY OF ELGIN FAX Na 1 847 931 6075 P. 12 hand delivered or the second business day following the date on which so mailed: TO THE CITY: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Attn: City Manager TO MOTOROLA: Motorola, Inc. 1303 E. Algonquin Road Schaumburg, IL 60196 Attn; Rick Kriva Vice President, Real Estate and Development 10 . That the failure by a party to enforce any provision of this agreement against the other party shall not • be deemed a waiver of the right to do so thereafter. 11 . That this agreement may be modified or amended only in writing signed by both parties hereto, or their permitted successors or assigns, as the case may be. 12 . That this agreement contains the entire agreement and understanding of the parties hereto with respect to the subject matter as set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. 13 . That this agreement is and shall be deemed and construed to be a joint and collective work product of the City and Motorola and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. -10- R/1C JUL-18-2000 TUE 03:20 PM CITY OF ELGIN FAX NO. 1 84( br31 14 . That this agreement is subject to and shall be governed by the laws of the State of Illinois . Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 15 . That this agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto which consent may be withheld at the sole discretion of either of the parties hereto. 16 . That upon Motorola' s compliance with the • requirements of the preceding paragraphs 2 and 3 hereof, Motorola shall provide to the City reasonable data and records of Motorola which documents Motorola ' s compliance with the requirements of the preceding paragraphs 2 and 3 hereof. Upon Motorola' s providing to the City such reasonable data and records evidencing Motorola' s compliance with the requirements of the preceding paragraphs 2 and 3 hereof Motorola's compliance with the requirements of paragraphs 2 and 3 of this agreement shall be deemed fully satisfied and complete. p ‘ q, -11- JUL-18-2000 TUE 03:21 PM CITY OF ELGIN FAX NO, 1 847 931 6075 P. 14 • IN WITNESS WHEREOF, the parties have entered into and executed this Agreement on the date and year first written above. CITY OF ELGIN, a municipal MOTOROLA, INC. , a Delaware corporation corporiimion BYBY Xe7,d04eff..Z7-- ler I Ed Rhock, Mayor Name RICHARD J. KRIVA Title vir.F PREcIDPNI AND DIRf4CTOR REAL. ESTATE AND DEVELOMENT Attest ; lc- / Dolonna Mecum, City Clerk . -12- JUL-18-2000 TUE 03:21 PM CITY OF ELGIN FAX NO, 1 847 931 6075 P. 15 EXHIBIT A (Legal description for new development property to be inserted) -13- PARCEL 8A: THAT PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, DESCRIBED As FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER, THENCE SOUTH 88' 43' 36" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 2478.91 FEET TO THE WEST RIGHT-OF1WAY LINE OF GALVIN DRIVE PER DOCUMENT NUMBER 96K089578 FOR A POINT OF BEGINNING; THENCE ALONG SAID WEST LINE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE NORTH 00° 57' 38" WEST, A DISTANCE OF 533.21 FEET TQ A POINT OF CURVATURE; (2) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 967.00 FEET FOR AN ARC LENGTH OF 347.14 FEET TO A POINT OF TANGENCY; (3) THENCE NORTH 21° 31' 44" WEST, A DISTANCE OF 4}91 FEET TO A LINE PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE SOUTH 88° 40' 41" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 1422.91 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 AS MONUMENTED, OCCUPIED AND ACCEPTED; THENCE SOUTH 00' 41' 03''' EAST ALONG SAID WEST LINE,A DISTANCE OF 878.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID I SECTION 30; THENCE NORTH 88° 43' 38" EAST ALONG THE SOUTH UNE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1490.51 FEET TO THE POINT OF BEGINNING, CONTAINING 29.811 ACRES OR 1,298,589 SQUARE FEET MORE OR LESS. JUL-18-2000 TUE 03:21 PM CITY OF ELGIN FAX NO, 1 847 931 6075 P. 16 EXHIBIT A (Site plan for Distribution Center to be attached) -14- e M ___5 ��IIIIIITIIIIIIIILIIIIIIIIIItiIIIIIILJ 7 L— LL WIll. iui_LrdlWWIlliW`-LL I!I I_ _ (--- - 1 T��6E' � I1 PROJECT DATA \ \1 GALVIN DRIVE, ELGIN, ILLINOIS \ SITE AREA \ APPROX 29 66 AGREE \ cyi (+13.8 acres) ; BUILDING AREA O \ m \ OFFICE - 2 FLOORS ±135,000 SF O AT 367,500 SF EACH 0 , \ WAREHOUSE 30'CLEAR HEIGHT 157,500 SF \ TOTAL BUILDING AREA 292.500 SF \ WAREHOUSE EXPANSION 135,000 SF . 7711 II x 1 1 1 1 I 11-31-7 -7171Ei i 1 ITT^i 1 11 11 II{TT [7314 Ill s PARKING 563 I nI1IIIIIIIIIIIIIOIIIIII�IIIIIIII HO Q \ \ 1--- 1 , - __ Irl: FUTURE PARKING 273 _ TOTAL PARKING 856 1 A _. i. �.Illllllllllllllll n llllllllfllllllllll n 300' 35 E t I I TTI.I.1111111i WAREHOUSE EXPANSION 1 V1QBFIiOUSF I. SUUT0 IGAiA SUBTOTAL AREA SUBTOTAL AREAL 135,000 SOFT. ......ee.: SQFT 6, SQ ` - R.51.:;1,''' PEI? LOOM Z C I•IsIIIIIfII z o Q Q c __ � ' I F III IIIIIIIIIIIIIIIIIII 1 Q C N col OIIIIIIIIIIIIIIIIIO — _ _ k�' 'JLIWWIllIWWIA b c I ,17,71,-,,,,T '.1 _. _ _1, 1, nu! 111 111 Li__ e. ' i 1 ;um I I11 ILP 1111 L L'LL _ _ 1 1490.50' EDO' 12`0 6C' 160 — PROJECT"ELEVEN"SITE PLAN-ELGIN, ILLINOIS 6/22/00 1:111( • OF Ez "rs • City of Elgin Agenda Itern No. Ei. II July 20, 2000 fr CI• 4 ' TO: Mayor and Member of the City Council EC.NOMIC GROWTH FROM: Joyce A. Parker, City Manager SUBJECT: Motorola Development Agreement PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a development agreement with Motorola for the property located at Interstate 90 and Randall Road. BACKGROUND On February 14 , 1996, the City of Elgin and Motorola, Inc. entered into a development agreement relating to property owned by Motorola located at the 1-90 Tollway and Randall Road. In order to provide for the development of the Motorola site, the City agreed to provide certain infrastructure-related assistance in the form of roadway improvements, utility improvements and economic development grants dedicated for on-site infrastructure improvements . The majority of the initial site work on the 130-acre parcel was completed. However, due to business conditions, Motorola has chosen to delay the project . On July 23, 1997, the City of Elgin and Motorola, Inc. entered into an Amended Development Agreement for the site at 1-90 and Randall Road. In order to ensure the accuracy of the Development Agreement, certain modifications were made to the agreement : 1 . The completion date for the access road serving the Motorola site from Route 72 was changed from September 30, 1996 to December 31, 1997 . 2 . Payment of the initial $250, 000 was made subject to the beginning of site grading rather than building construction. The second payment of $250, 000 was conditioned on start of building construction rather than six months after the first payment . Development Agreement with Motorola July 20, 2000 Page 2 3 . The date for start of building construction was changed from June 1, 1997 to June 1, 1999 . The project completion date was changed from June 30, 1999 to June 20, 2001 . Motorola has again approached the City of Elgin about proceeding with a project . In order to accommodate this project, further revisions to the Motorola Development Agreement are proposed. Attached for your review is an agreement and communications between the City and Motorola describing the proposed project . A summary is provided below. The 'Project Motorola is now proposing the development of another project in the City of Elgin. The project includes the following elements : 1 . Motorola will be creating a Distribution Center to support growth and process improvements in its Cdmmunication Enterprise business . The initial phase will be approximately 300, 000 square feet on 30 acres . The estimated real estate value of the project (land, equipment, improVements and building) is approximately $37 million. Motorola shall construct and occupy the distribution center by pecember 31, 2001 . The company is considering a site in the Northwest Corporate Park being developed by WISPARK Corporation. 2 . The number of jobs being relocated to Elgin will be approximately 500 . Additionally, Motorola plans to create 100 new jobs . The total number of jobs are to be present within 36 months . Over time, the employee population is estimated to grow to over 1, 000 employees . The type of jobs that will be located at this site are: (1) Material Pick Pack, Quality Control and Shipping and Receiving - salary range is $25, 000- $30, 000 annually; (2) Operations Technicians - salary (depending upon experience) is $30, 000-$35, 000 annually; and (3) Product Analyses and Supervisors - salaty range is $42, 000-$48, 000 annually. 3 . Motorola will be sensitive to the needs of the adjacent Village of Gilberts, providing vital berms and other landscaping. 4 . Initial long-term power requirements will be a 6, 000 to 8, 000 amp service. Telecommunication estimates necessitate the capacity for 1, 000 phone lines . , . Development Agreement with Motorola July 20, 2000 Page 3 Proposed City Participation In order to ensure that the development process proceeds in a smooth manner, the following involvement by the City is being recommended to facilitate the project : 1 . To expedite construction, site development is to be coordinated through the City of Elgin Director of Community Development, who will assemble a City staff team encompassing engineering, site planning, permitting and other related development work. This team will work directly with WISPARK Corporation and Motorola development representatives . 2 . Permitting for construction will be phased, as plans are approved by the City. 3 . Upon review of the site plan submitted to the City on May 18, 2000, all building setbacks and height specifications comply with the current ORI zoning, as modified by an existing annexation agreement . 4 . The City and Chamber of Commerce, in conjunction with Motorola and WISPARK Corporation, will assist in the research necessary to provide dual feed electric and telecommunication service to the site . 5 . To assist Motorola in the development of the distribution center, the City would provide development assistance to be used to offset job relocation expenses, infrastructure improvements, power and telecommunication service, worker training and child care related to the distribution center. Such assistance is itemized as follows : a. Pursuant to the Amended Development Agreement dated July 23, 1997, Motorola owes the City a sum of $250, 000 . The City will forego Motorola' s required payment of this sum, and instead allow its use toward the various development costs identified above . b. Pursuant to the Amended Development Agreement dated July 23, 1997 , Motorola currently owes the City a sum of $415, 393 . 14, allowing the City to recover its costs for utility improvements previously made to the site currently owned by Motorola . Under the proposed amendment, the City will instead require the payment of this sum, along with interest incurred at 6% per annum starting from the date of a new City/Motorola agreement . . • , Development Agreement with Motorola July 20, 2000 Page 4 at the time when either of the following two instances first occurs : i) the site currently owned by Motorola is developed by them or another as evidenced by receipt of a City of Elgin Certificate of Occupancy, or ii) the site currently owned by Motorola is sold or leased. Motorola may elect to pay this sum, with interest, at any time prior to these two instances . In no event shall the payment be made later than August 1, 2005 . c. The City will make a cash payment of $100, 000 to Motorola for its use toward the various development costs identified above. Elgin Area Chamber of Commerce Participation In addition to the above-mentioned efforts identified for the City, the Elgin Area Chamber of Commerce will assume the following responsibilities : 1 . To expedite the hiring and training of 500 workers, and using the criteria specified above by Motorola, the Chamber of Commerce Economic Development Department will develop a screening and hiring process in conjunction with Elgin area workforce partners, specifically Elgin Community College, the Illinois Department of Employment Security, the Illinois Employment Training Center, the Kane County Department of Employment and Education, and Prairie State 2000 . These agencies will then coordinate their effort with the training incentives offered through DCCA and the High Impact Business program. 2 . The Chamber will compile a list of available child care facilities to determine whether or not adequate space is available . If there is an inadequacy of available care, the Chamber will then proceed with developing options based upon the requirements to be provided by Motorola . 3 . The Chamber Economic Development staff will assist, wherever possible, to expedite the closing of this project within the City of Elgin. 4 . The Chamber will work with Motorola to become a member and an investor in the Chamber' s Challenge 21 economic development program. emk Development Agreement with Motorola July 20, 2000 Page 5 I COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Motorola and the Elgin Area Chamber of Commerce. "L'FINANCIAL IMPACT The City previously distributed the initial $250, 000 to Motorola. The remaining $100, 000 payment is available in the Fox Bluff Corporate Fund and would be charged to account number 270-0000- 791 . 80-98, project number 170004 . vokli/LEGAL IMPACT Attached is the proposed Motorola Agreement . ALTERNATIVES 1 . Amend the agreement to reflect current circumstances and opportunities . 2 . Request Motorola return initial payment of $250, 000 and elect not to participate in the proposed project . RECOMMENDATION The authorization of the Motorola Development Agreement is recommended. R7,:. .ectfully submitt :Ik-- / J.4,ce - . Parker City Manager amp rik JUL. 20. 2000 10:42AM MOTOROLA NO. 3411 P. 2 rb4 MOTOROLA July 20,2000 Via Facsimile&Federal Express Mark Biernacki Community Development Manager City of Elgin 150 Dexter Court Elgin,IL 60120-5555 Re: Revised Development Agreement Dear Mark: Attached please find the revised Development Agreement which has been exec ited by Rick Kriva,Vice President and Director—Real Estate&Development for Motorola,Inc. Per your instructions,I substituted the new page five which includes the word "equipment". As we discussed on the telephone,the Distribution Center business is gearing>p more quickly than anticipated. Therefore,it may be entirely possible that we will open the Distribution Center with 600 jobs instead of the anticipated 500 jobs. If this becomes the case,then our requirement for approximately 100 new full time jobs will be satisfied upon occupancy and we will provide you with the records for your files. The increase in jobs upon occupancy would not have happened,but for the new Distribution Center business and site in Elgin. Rick Kriva and I plan on attending the City Council meeting on July 26th at 6 pM. If you could forward directions from 1-90 to the place of the meeting,it would be greatly appreciated. Thank you for your help in this matter. Sincerely, Christine A.Foh Director of Real Estate Legal Affairs Enclosure cc: R.Kriva 1303 East Algonquin Road,76 Floor,Schaumburg,IL 60196 Telephone. 847/576-4887 Main FAX: 847/435.3918 Email: c.foh(gAnotorolacom