HomeMy WebLinkAbout12-6 '•
Resolution No. 12-6
RESOLUTION
AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT
WITH PANCOR CONSTRUCTION & DEVELOPMENT, LLC
(1385 Madeline Lane)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute an Economic Incentive Agreement with Pancor Construction& Development,
LLC on behalf of the City of Elgin for economic development assistance in connection with the
development of 1385 Madeline Lane, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 11, 2012
Adopted: January 11, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
ECONOMIC INCENTIVE AGREEMENT
This Economic Incentive Agreement (the "Agreement") is made and entered into as
of this 11th day of January 2012, by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as the "City"), and Pancor Construction & Development,
LLC, an Illinois corporation ("Pancor").
WHEREAS, Pancor is a fully integrated real estate developer, investor, contractor
and management company actively engaged in developing and acquiring office and indus-
trial properties in the Chicago metropolitan area, and:
WHEREAS, during the last 25 years, Pancor has successfully completed the devel-
opment of millions of square feet of office and industrial buildings at Illinois locations such
as Elgin, Addison, Bensenville, Bolingbrook, Carol Stream, Glendale Heights, Naperville,
Oakbrook Terrace, Schaumburg, St. Charles, Tinley Park and Vernon Hills, and;
WHEREAS, Elgin has a limited supply of industrial and commercial building space
and is not able to effectively compete for companies seeking to relocate or for existing
businesses to expand into more efficient facilities, and;
WHEREAS, to induce Pancor into constructing a new commercial and industrial
building with a thirty-foot clear ceiling height totaling 167,000 square feet at 1385 Madeline
Lane ("Subject Project") to keep the City competitive in the commercial and industrial
property metropolitan Chicago real estate market, the City will waive a portion of the cost
for the impact and other development fees associated with the construction of a new in-
dustrial and commercial building, and;
WHEREAS, Pancor would not have been inclined to proceed with the construction
of a speculative commercial and industrial building development in Elgin without certain
economic development assistance from the City; and
WHEREAS, section 8-11-20 of the Illinois Municipal Code (65 ILCS 5/8-11-20) au-
thorizes municipalities including the City to enter into economic incentive agreements relat-
ing to the development or redevelopment of lands within the corporate limits of a munici-
pality; and
WHEREAS, the City is a home rule unit authorized to exercise any power and per-
form any function relating to its government and affairs;
WHEREAS, economic incentive agreements including the economic incentive
agreement as provided for in this agreement pertain to the government and affairs of th-
City; and
WHEREAS, the real property for the Subject Property has remained vacant for at
least one (1) year; and
WHEREAS, the Subject Project is expected to create job opportunities within the
City; and
WHEREAS, the Subject Project will serve to further the development of adjacent ar-
eas; and
WHEREAS, Pancor meets high standards of credit worthiness and financial
strength; and
WHEREAS, the Subject Project will strengthen the commercial and industrial sector
of the City; and
WHEREAS, the Subject Project will enhance the tax base of the City; and
WHEREAS, this agreement is made in the best interests of the City.
NOW, THEREFORE, for and in consideration of the mutual promises and undertak-
ings contained herein, and other good and valuable consideration, the receipt and suffi-
ciency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement in their
entirety.
2. Subject Project. Pancor, at its cost, shall develop the Subject Project. The devel-
opment of the Subject Project shall conform in all respects with all applicable legal re-
quirements, including, but not limited to, city ordinances and codes, the terms of this
Agreement, or as otherwise directed by the City as is necessary to comply with ordinanc-
es, building codes or other requirements of law. Except as otherwise provided in this
Agreement, all costs and expenses relating to the Subject Project shall be the responsibil-
ity of and shall be paid for by Pancor.
3. Economic Incentives. In consideration for Pancor's undertaking of the Subject
Project, the City agrees to provide economic incentives to Pancor to be used by Pancor
solely and only for the Subject Project. Such economic incentives shall consist of and be
distributed to Pancor as follows:
Partial Waiver of Impact Fees Building Permit Fees for the Subject Project. The City
agrees to waive and not require Pancor to pay forty percent (40%) of the impact
fees and building permit fees which would otherwise be due and payable to the City
in connection with the establishment of the Subject Project provided that said waiv-
er amount does not exceed $115,000. Said waiver shall not apply to any fees re-_
2
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quires for tenant buildouts or interior upfits for the Subject Project. Any and all im-
pact fees or other fees which may be due and owing any other governmental entity
other than the City shall be paid by Pancor. The City's reimbursement of any impact
fees or building permit fees paid by Pancor for the Subject Project shall be paid to
Pancor within thirty (30) days of Pancor obtaining a certificate of occupancy from
the City for the Subject Project.
4. Miscellaneous.
A. That this Agreement shall not be deemed or construed to create an employment,
joint venture, partnership, or other agency relationship between
the parties hereto.
B. That all notices or other communications hereunder shall be made in writing and
shall be deemed given if personally delivered or mailed by registered or certified mail, re-
turn receipt requested, to the parties at the following addresses, or at such other ad-
dressed for a party as shall be specified by like notice, and shall be deemed received on
the date on which said hand delivered or the second business day following the date on
which so mailed:
TO THE CITY: TO PANCOR:
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: Richard G. Kozal,
Assistant City Manager
With a copy of any such notice to:
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: William A. Cogley,
Corporation Counsel
C. 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.
D. 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.
E. That this Agreement contains the entire agreement and understanding of the par-
ties hereto with respect to the subject matter as set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
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F. That this Agreement is and shall be deemed and construed to be a joint and col-
lective work product of the City and Pancor 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.
G. That this Agreement is subject to and shall be governed by the laws of the State
of Illinois.
H. 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 the parties hereto. The City may record a
Memorandum of Agreement placing of record the terms and provisions of this Agreement.
I. The City and Pancor agree that, in the event of a default by the other party, the
other party shall, prior to taking any such actions as may be available to it, provide written
notice to the defaulting party stating that they are giving the defaulting party thirty (30) days
within which to cure such default. If the default shall not be cured within the thirty (30) days
period aforesaid, then the party giving such notice shall be permitted to avail itself of rem-
edies to which it may be entitled under this Agreement.
J. If either party fails or refuses to carry out any of the material covenants or obliga-
tions hereunder, the other party shall be entitled to pursue any and all available remedies
as specified herein or otherwise available at law, equity or otherwise. Notwithstanding the
foregoing or anything else to the contrary in this Agreement, with the sole exception of an
action to recover the monies the City has agreed to pay pursuant to the preceding para-
graph 3 of this Agreement, no action shall be commenced by Pancor against the City for
monetary damages. 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. In
the event any action is brought by the City against Pancor or its permitted assigns with
respect to this Agreement and the City is the prevailing party in such action, the City shall
also be entitled to recover from Pancor reasonable interest and reasonable attorney's fees.
Notwithstanding anything to the contrary stated herein or otherwise, PANCOR'S AGGRE-
GATE LIABILITY UNDER THIS AGREEMENT AND IN CONNECTION WITH ITS RECEIPT
OF THE ECONOMIC INCENTIVE DESCRIBED HEREIN SHALL BE EXPRESSLY LIMITED
TO THE AMOUNTS RECEIVED BY PANCOR FROM THE CITY IN CONNECTION WITH
THIS AGREEMENT AND SUCH ECONOMIC INCENTIVE. Pancor shall have no other liabil-
ity whatsoever, whether based on breach of contract, negligence, strict liability or any oth-
er claim and under no circumstances shall Pancor be liable for lost profits or revenues,
special incidental, indirect, consequential or exemplary damages incurred by the City or
any third party.
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K. Time is of the essence of this Agreement.
L. This Agreement shall be construed, and the rights and obligations of the City and
Pancor hereunder shall be determined in accordance with the laws of the State of Illinois
without reference to its conflict of laws rules.
M. No past, present or future elected or appointed official, officer, employee, attor-
ney, agent or independent contractor of the City shall be charged personally or held con-
tractually liable under any term or provision of this Agreement including, but not limited to,
because of their negotiation, approval, execution or attempted execution of this Agree-
ment.
N. Notwithstanding any other provisions of this Agreement, it is expressly agreed
and understood by Pancor and the City that in connection with the performance of this
Agreement, that Pancor shall comply with all applicable federal, state, city and other re-
quirements of law including, but not limited to, any applicable requirements regarding pre-
vailing wages, minimum wage, workplace safety and legal status of employees. Without
limiting the foregoing, Pancor hereby certifies, represents and warrants to the City that all
of Pancor's employees and/or agents who will be employed for the Subject Project shall
be legal residents of the United States. Without limiting the foregoing, and notwithstanding
anything to the contrary in this Agreement, Pancor and its contractors and subcontractors
shall comply with the Prevailing Wage Act in all respects relating to the Subject Project.
The City shall have the right to audit any records in the possession or control of Pancor to
determine Pancor's compliance with the provisions of this section. In the event the City
proceeds with such an audit, Pancor shall make available to the City Pancor's relevant
records at no cost to the City. Pancor shall also pay any and all costs associated with any
such audit. If so desired by Pancor, the audit shall, to the extent permitted by law, be sub-
ject to reasonable confidentiality restrictions set forth in a confidentiality agreement agreed
to by the parties. The provisions of this section shall survive any termination, completion
and/or expiration of this Agreement.
O. Pancor, on behalf of itself and its respective successors, assigns and grantees
hereby acknowledges the propriety, necessity and legality of all of the terms and provisions
of this Agreement and does hereby further agree and does waive any and all rights to any
and all legal or other challenges or defenses to any of the terms and provisions of this
Agreement and hereby agrees and covenants on behalf of itself and its successors, as-
signs and grantees of the Subject Property, not to sue the City or maintain any legal action
or other defenses against the City with respect to any challenges of the terms and provi-
sions of this Agreement. The provisions of this section shall survive any termination, com-
pletion and/or expiration of this Agreement.
IN WITNESS WHEREOF, the City and Pancor have executed this Agreement on the
date and year first written above.
5
E
CITY OF ELGIN, PANCOR, CONSTRUCTION & DEVELOPMENT,
an Illinois municipal corporation LLC
By: /cii�/zi��/��;/"�� By: ►.
David J. Kap ain, ayor
Its: C.--
Attest:
'attitiqpi4-6:6
Kimberly D wis, City Clerk
6
111
E€P-ORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I 1\i
THE CITY IN THE SUBURBS
AGENDA ITEM: K
MEETING DATE: December 21, 2011
ITEM:
Economic Incentive Agreement with Pancor Construction & Development, LLC
(No Outflow of Funds)
OBJECTIVE:
Enter into an economic incentive agreement to induce the spec development of a 167,000
square-foot commercial and industrial building with a 30-foot clear ceiling height.
RECOMMENDATION:
Approve the economic incentive agreement with Pancor Construction & Development, LLC.
BACKGROUND
Pancor Construction & Development, LLC ("Pancor") is a fully i t eg r
ated real estate developer,
investor, contractor and management company actively engaged in developing and acquiring
office and industrial properties in the Chicago metropolitan area. During the last 25 years, Pan-
cor has successfully completed the development of millions of square feet of office and indus-
trial buildings at Illinois locations such as Elgin, Addison, Bensenville, Bolingbrook, Carol Stream,
Glendale Heights, Naperville, Oakbrook Terrace, Schaumburg, St. Charles, Tinley Park and Ver-
non Hills.
Pancor has developed over $150 million of office and industrial facilities in Elgin during the past
twenty years.
Pancor is constructing a new commercial and industrial building with 167,000 square feet and a
thirty-foot clear ceiling height at 1385 Madeline Lane in the Randall Point Business Center (off
Big Timber Road west of Randall Road). The construction costs are estimated to be$9.6 million.
This spec building will keep the city competitive in the commercial and industrial property met-
ropolitan Chicago real estate market and is being built consistent with the recommendations
provided by Lee &Associates (detailed below).
•
OPERATIONAL ANALYSIS
41111)
An industrial market analysis for the North Kane submarket that was presented to the Elgin
Y P g
Area Chamber of Commerce by Lee & Associates, a commercial real estate firm, determined
that Elgin has a limited supply of industrial and commercial building space. As such, Lee &Asso-
ciates determined that Elgin is not able to effectively compete for companies seeking to relo-
cate or for existing businesses to expand into more efficient facilities. Lee & Associates advised
that the city provide incentive catalysts to spur the construction of new "spec" development.
Lee & Associates recommended as an incentive the city consider waiving forty percent of the
impact and building permit fees to induce commercial and industrial development for a building
comprising not less than 150,000 square feet with a 30-foot clear ceiling height that will be con-
structed with Elgin union locals.
The proposed economic incentive agreement (attached for reference) provides a Pancor with a
forty percent (40%) waiver or discount on the required impact and building permit fees due and
payable to the city for the construction of its spec building. The impact and building permit fees
for Pancor's development are estimated to be $195,000. With the forty percent discount, Pan-
cor will be paying the city approximately$117,000 in impact and building permit fees.
INTERESTED PERSONS CONTACTED
The Elgin Area Chamber of Commerce has been consulted regarding the proposed economic
incentive agreement with Pancor Construction &Development, LLC.
FINANCIAL ANALYSIS
The Elgin Area Chamber of Commerce contracted with the Incentis Group, LLC (Incentis) to per-
form an economic and fiscal impact analysis of the city's proposed economic incentive agree-
ment with Pancor. (A presentation on that analysis was delivered to the city council when it
convened on December 7, 2011 and a copy of that analysis is attached.) Incentis determined
that Pancor's development will ultimately generate 71 new jobs. It also found that the annual
economic impact of Pancor's project is approximately $14 million for the Elgin economy. This
figure includes the indirect impact other industries such as the food, medical and banking in-
dustries will derive from the presence of these new employees. The Incentis analysis also pro-
jected that the city will derive approximately $600,000 in new property, sales and other taxes
from Pancor's development through 2015. The Incentis analysis demonstrates that the city's
return on its $78,000 in impact and building fee waivers will more than be recovered with the
projected $600,000 in tax revenue over the next four years and the approximately $14 million
in annual economic activity that will be generated from the presence of Pancor's spec devel-
opment.
J fir►
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BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
NA NA NA NA NA
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose not to enter into an economic incentive agreement with Pancor
Construction & Development, LLC.
NEXT STEPS
Execute the economic incentive agreement with Pancor Construction & Development, LLC.
Originators: Richard G. Kozal, Assistant City Manager
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A: Economic Incentive Agreement with Pancor Construction & Development, LLC
B: Incentis Fiscal Impact Analysis November 2011
3
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ECONOMIC INCENTIVE AGREEMENT
This Economic Incentive Agreement (the "Agreement") is made and entered into
as of this 11th day of January 2012, by and between the City of Elgin, an Illinois munici-
pal corporation (hereinafter referred to as the "City"), and Pancor Construction & Devel-
opment, LLC, an Illinois corporation ("Pancor").
WHEREAS, Pancor is a fully integrated real estate developer, investor, contrac-
tor and management company actively engaged in developing and acquiring office and
industrial properties in the Chicago metropolitan area, and:
WHEREAS, during the last 25 years, Pancor has successfully completed the de-
velopment of millions of square feet of office and industrial buildings at Illinois locations
such as Elgin, Addison, Bensenville, Bolingbrook, Carol Stream, Glendale Heights, Na-
perville, Oakbrook Terrace, Schaumburg, St. Charles, Tinley Park and Vernon Hills,
and;
WHEREAS, Elgin has a limited supply of industrial and commercial building
space and is not able to effectively compete for companies seeking to relocate or for
existing businesses to expand into more efficient facilities, and;
WHEREAS, to induce Pancor into constructing a new commercial and industrial
building with a thirty-foot clear ceiling height totaling 167,000 square feet at 1385 Made-
line Lane ("Subject Project") to keep the City competitive in the commercial and indus-
trial property metropolitan Chicago real estate market, the City will waive a portion of the
cost for the impact and other development fees associated with the construction of a
new industrial and commercial building, and;
WHEREAS, Pancor would not have been inclined to proceed with the construc-
tion of a speculative commercial and industrial building development in Elgin without
certain economic development assistance from the City; and
WHEREAS, section 8-11-20 of the Illinois Municipal Code (65 ILCS 5/8-11-20)
authorizes municipalities including the City to enter into economic incentive agreements
relating to the development or redevelopment of lands within the corporate limits of a
municipality; and
WHEREAS, the City is a home rule unit authorized to exercise any power and
perform any function relating to its government and affairs;
WHEREAS, economic incentive agreements including the economic incentive
agreement as provided for in this agreement pertain to the government and affairs of
the City; and
WHEREAS, the real property for the Subject Property has remained vacant for at
(Pk'
least one (1) year; and
WHEREAS, the Subject Project is expected to create job opportunities within the
City; and
WHEREAS, the Subject Project will serve to further the development of adjacent
areas; and
WHEREAS, Pancor meets high standards of credit worthiness and financial
strength; and
WHEREAS, the Subject Project will strengthen the commercial and industrial
sector of the City; and
WHEREAS, the Subject Project will enhance the tax base of the City; and
WHEREAS, this agreement is made in the best interests of the City.
NOW, THEREFORE, for and in consideration of the mutual promises and under-
takings contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement in their
entirety.
2. Subject Project. Pancor, at its cost, shall develop the Subject Project. The de-
velopment of the Subject Project shall conform in all respects with all applicable legal
requirements, including, but not limited to, city ordinances and codes, the terms of this
Agreement, or as otherwise directed by the City as is necessary to comply with ordin-
ances, building codes or other requirements of law. Except as otherwise provided in this
Agreement, all costs and expenses relating to the Subject Project shall be the responsi-
bility of and shall be paid for by the Pancor.
3. Economic Incentives. In consideration for Pancor's undertaking of the Subject
Project, the City agrees to provide economic incentives to the Pancor to be used by the
Pancor solely and only for the Subject Project. Such economic incentives shall consist
of and be distributed to the Pancor as follows:
Partial Waiver of Impact Fees Building Permit Fees for the Subject Project. The
City agrees to waive and not require Pancor to pay forty percent (40%) of the im-
pact fees and building permit fees which would otherwise be due and payable to
the City in connection with the establishment of the Subject Project provided that
said waiver amount does not exceed $115,000. Said waiver shall not apply to
any fees requires for tenant buildouts or interior upfits for the Subject Project. Any
and all impact fees or other fees which may be due and owing any other govern-
r
r ,
mental entity other than the City shall be paid by Pancor. The City's reimburse-
ment of any impact fees or building permit fees paid by Pancor for the Subject
Project shall be paid to Pancor within thirty (30) days of the Pancor obtaining a
certificate of occupancy from the City for the Subject Project.
4. Miscellaneous.
A. That this Agreement shall not be deemed or construed to create an employ-
ment, joint venture, partnership, or other agency relationship between
the parties hereto.
B. That all notices or other communications hereunder shall be made in writing
and shall be deemed given if personally delivered or mailed by registered or certified
mail, return receipt requested, to the parties at the following addresses, or at such other
addressed for a party as shall be specified by like notice, and shall be deemed received
on the date on which said hand delivered or the second business day following the date
on which so mailed:
TO THE CITY: TO PANCOR:
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: Richard G. Kozal,
Assistant City Manager
411)
With a copy of any such notice to:
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: William A. Cogley,
Corporation Counsel
C. 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.
D. 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.
E. 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.
F. That this Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and Pancor 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, vague-
ness or conflict, if any, in the terms or provisions contained herein.
G. That this Agreement is subject to and shall be governed by the laws of the
State of Illinois.
H. 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 the parties hereto. The City may
record a Memorandum of Agreement placing of record the terms and provisions of this
Agreement.
I. The City and Pancor agree that, in the event of a default by the other party, the
other party shall, prior to taking any such actions as may be available to it, provide writ-
ten notice to the defaulting party stating that they are giving the defaulting party thirty
(30) days within which to cure such default. If the default shall not be cured within the
thirty (30) days period aforesaid, then the party giving such notice shall be permitted to
avail itself of remedies to which it may be entitled under this Agreement.
J. If either party fails or refuses to carry out any of the material covenants or obli-
gations hereunder, the other party shall be entitled to pursue any and all available re-
medies as specified herein or otherwise available at law, equity or otherwise. Notwith-
standing the foregoing or anything else to the contrary in this Agreement, with the sole
exception of an action to recover the monies the City has agreed to pay pursuant to the
preceding paragraph 3 of this Agreement, no action shall be commenced by the Pancor
against the City for monetary damages. 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. In the event any action is brought by the City against Pancor or its
permitted assigns with respect to this Agreement and the City is the prevailing party in
such action, the City shall also be entitled to recover from Pancor reasonable interest
and reasonable attorney's fees. Notwithstanding anything to the contrary stated herein
or otherwise, PANCOR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT AND
IN CONNECTION WITH ITS RECEIPT OF THE ECONOMIC INCENTIVE DESCRIBED
HEREIN SHALL BE EXPRESSLY LIMITED TO THE AMOUNTS RECEIVED BY PAN-
COR FROM THE CITY IN CONNECTION WITH THIS AGREEMENT AND SUCH
ECONOMIC INCENTIVE. Pancor shall have no other liability whatsoever, whether
based on breach of contract, negligence, strict liability or any other claim and under no
circumstances shall Pancor be liable for lost profits or revenues, special incidental, indi-
rect, consequential or exemplary damages incurred by the City or any third party.
K. Time is of the essence of this Agreement.
L. This Agreement shall be construed, and the rights and obligations of the City
and Pancor hereunder shall be determined in accordance with the laws of the State of
Illinois without reference to its conflict of laws rules.
C
M. No past, present or future elected or appointed official, officer, employee, at-
torney, agent or independent contractor of the City shall be charged personally or held
contractually liable under any term or provision of this Agreement including, but not li-
mited to, because of their negotiation, approval, execution or attempted execution of
this Agreement.
N. Notwithstanding any other provisions of this Agreement, it is expressly agreed
and understood by Pancor and the City that in connection with the performance of this
Agreement, that Pancor shall comply with all applicable federal, state, city and other
requirements of law including, but not limited to, any applicable requirements regarding
prevailing wages, minimum wage, workplace safety and legal status of employees.
Without limiting the foregoing, Pancor hereby certifies, represents and warrants to the
City that all of Pancor's employees and/or agents who will be employed for the Subject
Project shall be legal residents of the United States. Without limiting the foregoing, and
notwithstanding anything to the contrary in this Agreement, Pancor and its contractors
and subcontractors shall comply with the Prevailing Wage Act in all respects relating to
the Subject Project. The City shall have the right to audit any records in the possession
or control of the Pancor to determine the Pancor's compliance with the provisions of this
section. In the event the City proceeds with such an audit, the Pancor shall make avail-
able to the City the Pancor's relevant records at no cost to the City. Pancor shall also
pay any and all costs associated with any such audit. If so desired by Pancor, the audit
shall, to the extent permitted by law, be subject to reasonable confidentiality restrictions
set forth in a confidentiality agreement agreed to by the parties. The provisions of this
section shall survive any termination, completion and/or expiration of this Agreement.
O. Pancor, on behalf of itself and its respective successors, assigns and grantees
hereby acknowledges the propriety, necessity and legality of all of the terms and provi-
sions of this Agreement and does hereby further agree and does waive any and all
rights to any and all legal or other challenges or defenses to any of the terms and provi-
sions of this Agreement and hereby agrees and covenants on behalf of itself and its
successors, assigns and grantees of the Subject Property, not to sue the City or main-
tain any legal action or other defenses against the City with respect to any challenges of
the terms and provisions of this Agreement. The provisions of this section shall survive
any termination, completion and/or expiration of this Agreement.
IN WITNESS WHEREOF, the City and Pancor have executed this Agreement on
the date and year first written above.
CITY OF ELGIN, PANCOR, CONSTRUCTION & DEVELOP-
MENT,
an Illinois municipal corporation LLC
A)
t By` By:.
David J. Kaptain, Mayor
Its:
Attest:
Kimberly Dewis, City Clerk
r
I .
group
Incents.
Incentives and credits for grmilgY busirt
Elgin Spec Industrial Inducement
Program Economic and Fiscal Impact
Analysis
December 2011
Commissioned By: The Elgin Development Group
incentis Group, LLC
1304 West Washington Blvd
Chicago, IL 60607
1
Executive Summary
,icentis Group LLC was commissioned by the Elgin Development Group to assess the economic and fiscal
impacts on the City of Elgin of the construction period impacts for a project utilizing the Elgin Speculative
Industrial Inducement Program.
Elgin has a very limited supply of quality industrial/commercial building space. Without some new, modern
industrial space being brought to the market,Elgin will not be able to compete for companies looking to
relocate here or for existing businesses to expand into more efficient facilities. These were among the key
findings of a study prepared by Lee and Associates entitled,"Industrial Market Analysis—North Kane
Submarket."The study was presented to the Chamber Board in April, 2011, by John Cassidy and Ken Franzese,
principals of Lee Associates.
To avoid the possibility of companies' by-passing Elgin because of the lack of available quality space,the EDG
formed a task force to look into creating a program to spur new"spec" development.
The task force devised a"spec" building catalyst program consisting of the following guidelines:
1. Program Scope: Program limited to two eligible projects.
2. Project Size: Approximately 150,000 s.f. with 30 foot clear ceiling heights, exterior docks.
3. Employment: The developer will use best efforts to employ Elgin union locals during the
construction of the project.
4. Timeliness: Developer must start project construction within 60 days of plan approval during
designated construction season (April—October)or pay the City's waived fees. (see#5)The building
must be completed in 12 months from start, subject to weather conditions.
5. Inducements:
(A) City of Elgin will waive 40%of the recapture,public safety and capital fees. For the two
"spec"buildings, it is estimated the fees would total $390,000, making the City's inducement
(fees waived) $156,000 for the two structures.
(B)The estimated property tax and fee revenues to the City from the spec buildings are outlined
in the attached exhibit. Taken over a five year period,the net benefit to the city, if both buildings
were constructed, is figured to be at$596,400.
(C) The City will "fast track"plan review of the spec building as well as the build-out involving
high priority future tenants.
The Economic and Fiscal Impacts Analysis was conducted to estimate the economic and fiscal impacts of the
construction period, for a 160,000 s.f. building estimated to cost$9,600,000, on the Elgin economy. The
economic impacts included in this study are direct, indirect and induced jobs impacts, direct, indirect and
induced earnings impacts, and overall economic activity that are generated by the construction period of the
project. The fiscal impacts include an analysis of the incentives provided by Elgin through the Speculative
Industrial Inducement Program relative to the future direct and indirect taxes that are generated as a result of the
construction period of this project.
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Methodology
In conducting the Economic and Fiscal Impact Analysis, Incentis Group incorporated methodologies that are
A)
highly accepted as reasonable in estimating economic and fiscal impacts associated with a given project or
event. It should be noted,however,that our estimates may differ from actual outcomes resulting from the
project due to a number of events and factors including changes in tax rates, future volatility within the City
economy and its industries and sectors, inflation variances,reliability of tax and data sources,and other
unforeseen factors.
In estimating the economic impacts of the industrial building construction period, including jobs,earnings,and
economic activity, Incentis Group utilized input-output multipliers developed by Minnesota IMPLAN Group
(IMPLAN). IMPLAN is the developer of the IMPLAN economic impact modeling system. IMPLAN's tools
are in use by over 1,000 public and private institutions. The IMPLAN economic multipliers are specific to the
City of Elgin and to the industries/sectors associated with the construction of an industrial building. The
IMPLAN multipliers assist us in estimating the jobs, earnings, and economic activity resulting from the
industrial building construction period. When goods and services are produced in an industry a"multiplier
effect" is created by the demand generated for other goods and services. This demand then dissipates through
other industries and sectors within a given economy until it is immaterial.
In estimating the fiscal impacts of the industrial building construction period upon the City of Elgin, including
direct and indirect tax generation, Incentis Group has applied the appropriate tax rates to the property
assessments and project parameters provided by the City of Elgin. Additionally,where appropriate,we have
utilized the IMPLAN economic impact modeling system to estimate indirect taxes generated in the city
economy as a result of the building construction occurring in Elgin.
Summary of Findings
Su ily s g
The Economic and Fiscal Impact Analysis resulted in the following findings associated with the industrial
building construction period. Details regarding these findings are presented in this Analysis. The Analysis
estimated the annualized impacts of the industrial building construction period on the City of Elgin.
Summary of Economic Impacts
Construction Period Impact
The annual economic impact of the industrial building construction period upon the City of Elgin is
estimated to include annualized economic activity of$14,334,651, the equivalent of 107 full-time jobs on an
annualized basis and$6,088,790 of annualized employee earnings.
Indirect/Induced
Direct Effect Multiplier Effect Total Effect
Employment 71 1.5070 36 107
Construction Period Employee Compensation $ 4,369,600 1.3934 $ 1,719,190 $ 6,088,790
Construction Period Economic Output $ 9,600,000 1.4932 $ 4,734,651 $ 14,334,651
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Economic Activity
economic activity at the city level is an estimate of the generation of output by the industrial building during the
construction period and the flow through of these dollars within the city economy. We estimate that this total
economic activity generated by the industrial building construction period to be $14,334,651. This amount
includes the direct, indirect, and induced effects of the industrial building construction upon the City of Elgin
economy.
Top 10 Industries Affected by Construction Period Indirect/Induced Economic Output
Description Direct Effect Multiplier Indirect/Induced Total Effect
Effect
�'��"1Y F ;-
Wholesale trade businesses - - $ 491,732 $ 491,732
Imputed rental activity for owner-occupied dwellings - - $ 458,657 $ 458,657
Architectural,engineering,and related services - - $ 397,143 $ 397,143
Private hospitals - - $ 287,041 $ 287,041
Offices of physicians,dentists,and other health practitioners - - $ 223,410 $ 223,410
Monetary authorities and depository credit intermediation activities - - $ 174,383 $ 174,383
Nondepository credit intermediation and related activities - - $ 151,364 $ 151,364
Food services and drinking places - - $ 148,478 $ 148,478
Real estate establishments - - $ 134,960 $ 134,960
All Other Industries - - $ 2,267,483 $ 11,867,483
Jobs Impact
The Jobs Impact within the City of Elgin is an estimate of the direct full-time equivalent jobs generated by the
industrial building construction during the construction period plus the effects of these jobs upon secondary job
generation in Elgin. The industrial building construction period is expected to create 71 full-time equivalent
direct jobs within the City of Elgin resulting in the generation of 36 indirect and induced jobs within the City for
a total of 107 full-time equivalent jobs.
Top 10 Industries Affected by Construction Period Indirect/Induced Employment
Description Direct Effect Multiplier Indirect/Induced Total Effect
Effect
Architectural,engineering,and related services - - 3 3
Wholesale trade businesses - - 3 3
Food services and drinking places - - 3 3
Private hospitals - - 2 2
Offices of physicians,dentists,and other health practitioners - - 2 2
Employment services - - 1 1
Real estate establishments - - 1 1
Retail Nonstores-Direct and electronic sales - - 1 1
Nursing and residential care facilities - - 1 1
All Other Industries - - 20 91
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Earnings Impact
The Earnings Impact within the City of Elgin is an estimate of the direct compensation generated by the 411)
construction period jobs during the construction period and the effects of these jobs upon secondary earnings
generation. The construction period earnings for the direct employees referenced above are approximately
$4,369,600. We estimate that this compensation will result in $1,719,190 of additional indirect and induced
household earnings in Elgin during the construction period, for a total of$6,088,790 in construction period
earnings.
Top 10 Industries Affected by Construction Period Indirect/Induced Employee Compensation
Description Indirect/Induced
p Direct Effect Multiplier Total Effect
Effect
ie €( a6p,:iW. V e a..' ter'O a t.-_ - ,a ° r -> ri ::P1Z a ): h ' o;
Architectural,engineering,and related services - - $ 222,373 $ 222,373
Wholesale trade businesses - - $ 202,435 $ 202,435
Private hospitals - - $ 130,136 $ 130,136
Offices of physicians,dentists,and other health practitioners - - $ 127,258 $ 127,258
Food services and drinking places - - $ 54,232 $ 54,232
Transport by truck - - $ 47,945 $ 47,945
Monetary authorities and depository credit intermediation activities - - $ 43,925 $ 43,925
Retail Stores-Motor vehicle and parts - - $ 37,282 $ 37,282
Nursing and residential care facilities - - $ 34,206 $ 34-206
All Other Industries - - $ 819,398 $ 5,188,998
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Summary of Fiscal Impacts
rite fiscal impact of the industrial building construction project upon the City of Elgin over the next 15 years
is estimated to include additional annual direct tax collections of$60,870 which will directly benefit the city
of Elgin. This entails property taxes that will be generated from the building itself and does not include any
additional taxes that may be generated by business activity if the building is productively utilized. The City of
Elgin will provide a total of$78,000 of incentives from impact and permit fee waivers of which none is
provided as cash (see appendix A). The net present value ("NPV") of these new direct revenues using a
discount rate of 6% over a period of 15 years is estimated to be$714,597 compared to an NPV of$73,585
offered to the builder in the form of incentives. Additionally, annual property taxes collected by other local
jurisdictions from this building are estimated to total$182,050(see appendix B).
Property Tax Benefit
The increase in property tax collections was estimated by calculating the property tax on 100%of the
construction value of the building. No real estate price inflation is assumed in the analysis.
2012 Acutal Tax 2014 Estimated Tax Total Increase in Property Tax Benefits
Estimated Constuction Cost NA $ 9,600,000
rf
%of Construction Value NA 100%
Estimated Value Land $ - $ -
Land Assessed Value $ - $ 3,168,000.00
Total Propety Tax Benefit $ - $ 242,919.90 $ 242,919.90
Dundee Township 0.17%! $ - $ 5,346.60 $ 5,346.60
Elgin City 1.92% $ 60,870.05 60,870.05
Elgin Comm College 509 0.44% $ $ 13962 42 $ 13,962 42
Dundee Twp Library 0.15% $ - $ 4,612.92 $ 4,612.92
Indirect Business Tax Benefit
Indirect business taxes are the tax revenues collected by the City of Elgin as a result of the increase in indirect
jobs,earnings and economic activity during the construction period. The estimated increase in indirect
business taxes is presented for the construction period below. Additional annual indirect business taxes would
be generated if the building is productively utilized for business activity.
Indirect Business Tax 2012
Sales Tax $ 30,186
Property Tax $ 35,416
Other Taxes $ 3,207
Fees $ 3,119
Estimated Total Indirect Business Taxes '$ 72,852
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Appendix A.
•
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Total
Estimated Direct Tax and Fee Collections After Incentives
Increase in Property Tax Benefit(Direct City Portion) $ • $ 30,435 $ 60,870 S 60,870 $ 60870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ W,870 $ 60,870 $ 60,870 $ 882,616
Increase in Sales Tax Benefit $ • S • $ • $ - $ - $ - $ • $ • $ - $ - S - $ • S • $ - S - $ • $ -
Increase in TelecommuniwtionsTax Benefit $ - $ • $ • $ - $ - $ - $ • $ - $ • $ - $ - $ - $ - $ - $ - $ • $ •
Increase in Hotel Tax Benefit $ • $ - $ $ - $ - $ • $ - S • $ - $ - $ - $ • 5 - $ - $ - $ - 5 -
Impact Fees $ 79,000 $ - $ - S - $ - $ - $ - $ - $ - S - $ - $ - $ - $ - $ - $ • $ 79,000
Permit and Plan Check Fees $ 116,000 $ • $ • $ - $ • $ - $ - $ • $ - $ - $ - $ • $ • $ - $ • $ • $ 116,000
Total Estimated Direct Tax Collections $ 195,000 $ 30,435 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 60,870 $ 1,077,616
Incentives to Company(Cash)
Jobs Benefit $ - S - $ - $ - $ - $ - $ - $ • $ - $ - $ • $ • $ • $ - $ • $ - $ -
Total Incentives to Company(Cash) $ - $ • $ $ - $ • $ - $ $ • $ - $ - S - S - $ • S • S • $ • S
IetRevenue
Loss)tRt[ C !„ .g ;1.,: 1 S i i a
g j p 8 6,8E 1 . B fk : rc { $ YA, .I 4.,: "
Incentives to Company(Foregone Revenue)
Impact Fee Waiver $ (31,600) $ • $ - $ • $ - $ - $ • $ - $ - $ - $ - $ • $ - $ - $ • $ - $ (31,600)
Permit Fee waiver $ 146,4001 $ - $ • $ - $ - $ - $ - $ • S • $ - $ - $ • $ • $ - $ • $ - $ (46,400)
Other Incentives $ - $ - $ - $ - $ - $ • $ - $ • $ - $ - S - $ • $ - $ - $ - $ - S -
Total Incentives to Company(Foregone Revenue) $ (78,000) $ - $ - $ • $ - $ - $ - $ • $ • $ - $ - $ 3p°- $ • $ - $ - $ - $ (78,000)
y1`y ,Ye,S.; ?pz •'.:..6 { P fi .,.��.,
NetReventtej(loss taifiBCt erifaae oneRnue �`�OGb�,. � 475'.:. 698�l. 3 .f:r i_ � �: P r.l.�$�_, _+-.�_,w�D*- $. •'-. 870, -��`_ _a, t.;• :': ' _.&A1170<�
Estimated Indirect Business Taxes $ 72,852 $ - $ • $ - $ • $ - $ - $ - $ $ $ • $ - $ - $ • $ - $ - $ 72,852
$ -
3a� ;i l.. +Y 3a' oiAff.±f ksioii °'. $'„ rW G: .{ i i?F '� �f ,..1..i: 1 .6 1 , V 60 � �1 ,. .0 I.wA v+v.,;..1 1 'P aL4 ,i l .6 t,�` ;.,
Ni:tRenefltlesstottie *it ,�litect�uslnesztalt,,.�� ;;_ .$�.>••�,�a, .„w ,- �°
NPV Discount Rate 6.00%
NPV of Direct Revenues $714,597
NPV of Direct Incentives ($73,585)
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Appendix B.
Estimated Property Tax Collections(AJIOther Taxing Jurisdictions) 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Total
Dundee Township $ - $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,34660 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 5,346.60 $ 80,199.03
Dundee Twp Road District $ - $ 2,452.63 $ 2,452,63 $ 2,452.63 $ 2,452,63 $ 2,452.63 $ 2,452,63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 2,452.63 $ 36,189.51
School District 300 $ • $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340,45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $141,340.45 $2,120,106.70
Elgin Comm.College 509 $ - $ 13,962.42 $ 13,962.42 $ 13,962.42 $ 13,962.42 $ 13,962.42 $13,962.42 $ 13,962.42 $ 13,962.42 $ 13,962.42 $ 13,962.42 $ 13,962.42 $13,962.42 $ 13,962.42 $ 13,962.42 $ 13,962.42 $ 209,436.32
Dundee Twp Prk District $ - $13,468.63 $13,468.63 $ 13,468.63 $13,468.63 $13,468.63 $ 13,468.63 $13,468.63 $13,468.63 $ 13,468.63 $ 13,468.63 $ 13,468.63 $13,468.63 $13,468.63 $ 13,468.63 $13,468.63 $ 202,029.38
Dundee Twp library $ - $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 4,612.92 $ 69,193.81
Fox River Water Reclam District $ - $ 86619 $ 866.19 $ 866.19 $ 866.19 $ 866.19 $ 866,19 $ 866.19 $ 866.19 $ 866.19 $ 866.19 $ 866.19 $ 86619 $ 866.19 $ 866.19 $ l...19 $ 12,992.92
Total Estimated Tax Collections by Other Taxing Jurisdictions $ - $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $182,049.85 $2,730,747.73
8
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THE CITY IN THE SUBURBS-
DATE: February 8, 2012
TO: Rick Kozal, Assistant City Manager and Chief Operating Officer
FROM: Kimberly Dewis, City Clerk
SUBJECT: Resolution No. 12-06, Adopted at the January 11, 2012, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Economic Incentive Agreement with Pancor Construction & Development, LLC
(1385 Madeline Lane)