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03-271 Resolution No. 03-271 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH WMH TOOL GROUP, A SUBSIDIARY OF WALTER MEIER A.G. , FOR THE DEVELOPMENT OF 2420 VANTAGE DRIVE 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 WMH Tool Group, a Subsidiary of Walter Meier A.G. , for the development of 2420 Vantage Drive for use as its corporate headquarters, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 8 , 2003 Adopted: October 8, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk DEVELOPMENT AGREEMENT This Development Agreement is made and entered into this P day of , 2003 , by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City") and WMH TOOL GROUP, Inc. , a Subsidiary of Walter Meier A.G. , a Swiss industrial company, authorized to do business in the State of Illinois (hereinafter referred to as "Developer" ) . WITNESSETH WHEREAS, Developer intends to lease additional property located in the Northwest Corporate Park consisting of approximately 50, 000 square feet, commonly known as 2420 Vantage, Elgin, Kane County, Illinois, and legally described on Exhibit A attached hereto (such property is hereinafter referred to as the "Subject Property") ; and WHEREAS, Developer intends to lease, occupy and utilize the 50, 000 square feet of the Subject Property for its business, which involves the manufacture, marketing and distribution of tools and power equipment . (hereinafter referred to as the "Subject Development" ) ; and WHEREAS, Developer, after consultations and negotiations with the City concerning certain development assistance has determined to proceed with the Subject Development of the Subject Property; and WHEREAS, the Subject Development of the Subject Property is currently estimated to represent a $1, 500, 000 . 00 investment in improvements and is expected to result in the creation of not less than one hundred (100) new full-time jobs by the Developer in the City of Elgin by December 31, 2003 ; and WHEREAS, it is unlikely that the development of the Subject Property will occur in the absence of limited economic assistance; and WHEREAS, the City providing development assistance to Developer for the Subject Development will result in a substantial increase in the City' s tax base and provide new and additional employment opportunities in the City of Elgin; and WHEREAS, in order to provide for the continued development of the City including the development of the Subject Property by the Developer, the City has agreed to provide certain development assistance as hereinafter described; 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 and 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 Developer shall develop the Subject Property wit the...� � Subject Development according to the site plan dated � �` nw r / 2 prepared by Harris Architects, Inc . , attached hereto as Exhibit B. Developer shall complete all improvements for the Subject Development, occupy same and commence operations at the Subject Property on or before December 31, 2003 . 3 . That by December 31, 2003 the Developer shall create not less than one hundred (100) new full-time jobs by the Developer located at the Subject Development on the Subject Property, eighty- three (83) with an annual salary in excess $40, 000, in the types of positions as identified on Exhibit yg which is attached hereto. Such full-time jobs shall be occupied by full-time employees of the Developer. 4 . That in consideration of Developer' s leasing the Subject Property and completing the Subject Development on the Subject Property and providing for the creation of jobs as set forth herein, the City agrees to provide the economic development assistance to Developer as set forth in this paragraph to be used by Developer for costs associated with the Subject Development on the Subject Property. Such economic development assistance from the City to Developer for the Subject Development shall be provided to Developer as follows : In the event of and upon Developer' s completion, occupancy of and commencing operations of the Subject Development at the Subject Property on or before December 31, 2003, as required in the preceding Paragraph 2 hereof, and in the event of Developer creating and establishing not less than one hundred (100) new full- time jobs by the Developer at the Subject Development on or before December 31, 2003 , as required in the preceding Paragraph 3 hereof, 3 the City shall pay to the Developer the total sum of $40 , 000 . The City shall pay such monies not to exceed the total amount of $40, 000 to the Developer upon receipt of acceptable documents verifying Developer' s completion, occupancy of and commencing operations of the Subject Development at the Subject Property on or before December 31, 2003 , and Developer creating and establishing not less than 100 new full time jobs by the Developer at the Subject Development on the Subject Property on or before December 31, 2003, and the issuance of a final certificate of occupancy for the Subject Development at the Subject Property on or before December 31, 2003 . Notwithstanding anything to the contrary in this agreement, payment of such total amount of $40, 000 by the City to the Developer shall not be made prior to December 31, 2003 . It is further expressly understood and agreed by the parties hereto that the City' s sole and only financial contribution for the Subject Development on the Subject Property shall be the financial assistance not to exceed $40, 000 as described in this paragraph and that the City shall have no other responsibility for any other costs or expenses relating to the Subject Development of the Subject Property. 5 . That Developer shall continue with its operations and the full time jobs to be created pursuant to this agreement at the Subject Development on the Subject Property for a period of six (6) years following Developer completing, occupying and commencing operations of the Subject Development on the Subject Property. 6 . That the parties understand and agree that the economic development assistance being provided by the City to Developer as set forth herein is expressly contingent upon Developer' s 4 development of the Subject Development on the Subject Property as set forth herein. In the event Developer fails to complete, occupy and commence operations of the Subject Development on the Subject Property on or before December 31, 2003 , as required in the preceding Paragraph 2 hereof and/or in the event Developer fails to provide for the creation and establishment of jobs at the Subject Development as required in the preceding Paragraph 3 hereof, and/or in the event the Developer fails to continue with operations at the Subject Development as required in the preceding Paragraph 5 hereof, the parties understand and agree that the City will not be providing any economic development assistance to Developer for the Subject Development pursuant to this agreement or otherwise, and that the Developer shall reimburse the City in full any funds distributed to the Developer under the economic development grants provided for the preceding Paragraph 4 hereof . 7 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership, or other agency relationship between the parties hereto. 8 . 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 a like notice and shall be deemed received on the date which said notice is hand delivered or the second business day following the date on which so mailed: TO THE CITY: TO THE DEVELOPER: 5 City of Elgin WMH Tool Group 150 Dexter Court 300 South Hicks Road Elgin, IL 60120-5555 Palatine, IL 60067 Attention: City Manager Attention: Robert Romano 9 . 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. 10 . 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 . 11 . 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. 12 . That this agreement is and shall be deemed and construed to be a joint and collective work product of the City and Developer 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 and in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 13 . That the City and Developer agree that, in the event of a default by the other party, the other party shall, prior to taking any such action 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) day period aforesaid, then the party giving such notice shall be permitted to 6 avail itself of remedies to which it may be entitled under this agreement . 14 . That notwithstanding any other provision of this agreement it is expressly agreed and understood by the Developer and the City that the development of the Subject Property by the Developer shall be in accordance and compliance with all applicable federal, state, city and other requirements of law. Developer shall also at its expense procure all permits and licenses, pay all charges and fees, and give all other notices necessary and incident to the due and lawful prosecution of the work necessary to provide for the development of the Subject Property as described in this agreement. 15 . 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 . With the sole exception of an action to recover the monies the City has agreed to pay pursuant to the preceding Paragraph 4 hereof, and notwithstanding anything else to the contrary in this agreement, no action shall be commenced by the Developer against the City for monetary damages . In the event any legal action is brought by the City for the enforcement of any of the obligations of Developer in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from Developer reasonable interest and reasonable attorney' s fees . 16 . 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 7 express written consent of each of the parties hereto which consent may be withheld at the sole discretion of either of the parties hereto. 17 . That upon Developer' s compliance with the requirements of the preceding Paragraphs 2 and 3 hereof, Developer shall provide the City reasonable data and records of Developer which documents Developer' s compliance with the requirements of the preceding Paragraphs 2 and 3 hereof . 18 . That time is of the essence of this agreement . 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 WMH TOOL GROUP, a Subsidiary of corporation Walter Meier A.G. , a Swiss _� BY - _ BY Ed Sc oc , Mayor Robert Romano Title : VP and General Counsel Attest : ke.e.-4.44-1.— Dolonna Mecum, City Clerk F:\Legal Dept\Agreement\Development Agr-WMH Tool Group-RM.doc Draft 3/26/03 8 r EXHIBIT "i" LEGAL DESCRIPTION LOTS 15 TO 22 IN THE FINAL PLAT OF SUBDIVISION OF NORTHWEST CORPORATE PARK UNIT I,BEING A SUBDIVISION OF A PORTION OF THE SOUTH EAST QUARTER OF SECTION 19,AND A PORTION OF THE NORTH%z OF SECTION 30,TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. JRICHMAN/525346.5 B-I •. R o I ti i . N 1 1 Pliii • I I I .. , , tt z m r o 's I Z MI K.;1�►':1114 I FPROPOSED EXPANSION ION FOR1 o m . III n9..�� ,.....1. .�. DONNELLEY �S1 , m (t) SXT. M ` t r N9 HE7 CORPORATE PARK ELGIN. 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HARRIS ARCHITECTS INC, I 011111001 MKS tMaM ww =MN WIWI* ; ____} - - _ n ° - r • R o LIuu1r� �Z . u . •99120 S. �/ f N NN S JTE PLAN Ai T r .47 MI N 2420 Vantage Dr I ,t234 zt-t EIg n,1L 6!1123 WMH, �,_ .. , Phone:847-851-1000 Fax:847-8$1=1045 Revised 09-12-03 NAME TITLE NAME TITLE Graphic Designer Office Services Coordinator Product Support Specialist Admin.Support Industrial Mtlwrkg Web Designer Product Manager,Consumer Wood Marketing Coordinator Reg Sales-East US&Canada Product Support Specialist Group Services Project Engineer Sr.Graphic Designer Staff Accountant Product Manager-Ind.Tool VP&GM/ Elgin&LaVergne Sales Admin Assistant-Tool Accounting Coordinator Warehouse Marketing Assistant Project Engineer Director-National Accounts Admin.Support Manager International Operations Product Support Specialist Material Manager Group Services Director of Engineering Product Specialist Product Marketing Specialist VP International Operations Manager,Analysis Reporting VP International Division PC/LAN Tech.Specialist VP General Counsel Product Manager Director of Purchasing Retail Serv.Manager Manager,Engineering Marketing Services Mgr. PRMS Business Analyst HR Manager Marketing Services Manager Engineering Manager Group Services Purchasing Sales Coordinator National Acct.Manager Director of Sales Product Marketing Mgr. VP/General Manager Ind Tool East.Field Sales Mgr. Marketing Asst./Graphic Designer VP/GM Retail Sales Product Support Specialist International Buyer President&CEO Senior Product Specialist Engineer Engineering Ind Metlwrkg Admin.Support,Industrial Mtlwrkg VP of Finance VP Corporate Services Controller Elgin&LaVergne International Buyer Marketing Specialist Tech Writer VP/CFO Sales Coordinator Executive Assistant Product Manager-Retail Director of Marketing Accounting Manager Marketing Specialist Engineer Product Manager VP&GM/Auburn&Elgin Director of Sales-Ind.Tool Marketing Asst./Graphic Designer Tech Writer Western Field Sales Manager VP Supply Chain Mgmt Receptionist Director of Quality Product Support Specialist International Buyer Product Manager Finance Director of Sales-Industrial Tool Alphabetical Elgin Phone List 1 OF City of Elgin Agenda Item No. ' - E L I August 7, 2003 G N ► TO: Mayor and Members of the City Council -- ECONOMIC GROWTH' FROM: David M. Dorgan, City Manager Raymond H. Moller, Director f Economic Development and Business Services SUBJECT: Development Incentive WMH Tool Group PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a request from WMH Tool Group for a $40, 000 Economic Development Incentive. BACKGROUND WHM Tool Group, Inc. is a global manufacturer, marketer, and distributor of a broad array of tools and power equipment for consumer and industrial use. WMH Tool Group is a subsidiary of Walter Meier Holding A.G. , a publicly traded, Swiss industrial company. Some of their brands date back over 75 years and include Wilton, Columbian, Jet, Powermatic, Performax, and Turtle Wax. They employ approximately 600 employees worldwide and have operations in Tennessee, Washington and Schiller Park, IL as well as European sales offices. Their customers include The Home Depot, Lowe' s, Wal-Mart, Sears, W.W. Grainger, Menard' s and literally thousands of independently owned businesses and retailers . WMH Tool Group is relocating its corporate headquarters in order to accommodate the increased number of employees that are being added to their consolidated operations. An Elgin location was under consideration at the time of the initial incentive request. Development Incentive WMH Tool Group August 7, 2003 Page 2 Approximately 100 persons will be employed at the new corporate headquarters in 2003 . The functional activities at the headquarters will include engineering, strategic sourcing, administrative, marketing, financial, and executive. WMH Tool has requested consideration of a grant based upon the number of individuals to be employed at the facility and the salaries paid in excess of $40, 000 . WMH Tool has made the decision to locate at 2420 Vantage Drive at the Northwest Corporation Park. The firm has committed to employ a work force of one hundred new, full-time jobs by December 31, 2003 . Eighty-three of the one hundred positions will exceed the $40, 000 annual salary rate of pay. WMH Tool has also agreed that it will remain at the Vantage Drive location for six years or return any financial incentives paid to the company. Staff advised WMH Tool that funds available for economic development incentives are limited and that an incentive in the amount of $40, 000 would be recommended to the Mayor and City Council Members rather than an amount of $83, 000 . The City Staff/Elgin Area Chamber of Commerce Development Review Committee has received the request from WMH Tool and supports the payment of a $40, 000 economic development incentive. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. " FINANCIAL IMPACT / Funds in the amount of $518, 873 have been budgeted in account number 276-000-791 .80-27 in the 2003 Riverboat Lease Fund. To date, $241, 774 . 65 has been spent or -encumbered. An amount of $277, 774 .65 remains available. The $40, 000 economic development incentive would be charged to project number 177104 . EGAL IMPACT A development agreement would be required. Development Incentive WMH Tool Group August 7, 2003 Page 3 ALTERNATIVES 1 . Authorize the $40, 000 jobs incentive economic development assistance. 2 . Do not authorize the economic development incentive. RECOMMENDATION It is recommended that an economic development jobs incentive agreement with WMH Tool in the amount of $40, 000 be approved. Respectfully submitted for Council consideration. RHM/od Attachment r r Mar, 04 03 02: 19p Economic Development 847-741-5677 p- 4 eb: 14. 2003 1:3211I WILTON CORP/PALATINE No. 8721 P. 2/6 W M H TOOL GROUP February 14,2003 Mr.Chris J.Manheim,CEcD Vice President,Economic Development Elgin Area Chamber 32 S.Grove Ave, Elgin,IL 60120 Re WMH Tool Group,Inc:Relocation of Corporate Headquarters Dear Mr.Manheim WMH Tool Group,Inc.is a global manufacturer,marketer and distributor of a broad array of tools and power equipment for consumer and industrial use WMH Tool Group is a subsidiary of Walter Meier Holding A.G., a publicly traded Swiss industrial company. Some of our brands date back over 75 years and include Wilton,Columbian,Jet,Pawermafic,Performax and Turtle Wax. We employ approximately 600 employees worldwide and have operations in Tennessee,Washington and Schiller Park,IL as well as European sales offices. Our customers include The Home Depot, Lowe's, Wal-Mart, Sears, W.W. Grainger,Menard's and literally thousands of independently owned businesses JET and retailers. The WMH Tool Group website may be found at www.wmhroolgroup.com ' H Tool Group is relocating its corporate headquarters in order to —-- .- accommodate the increased number of employees that are being added to our -- _ ---, consolidated operations. An Elgin location is under consideration. Specifically, we are looking at the property located at 2420 Vantage. Approximately 109 persons will be employed at the new corporate headquarters WILWN in 2003. The functional activities at the headquarters will include eugineenng, strategic sourcing, administrative, marketing, financial and executive. Attached COWMBIAN 1 for your review is a list of position titles along with salary information. We believe WMH Tool Group will be a leading employer in the area offering not only competitive wages but a full complement of benefits such as Blue mum s TER Cross/Blue Shield medical,dental and vision,tuition reimbursement and a 401k match. POLISHMASTER SPECTII A 300 South Hicks Road I Palatine,IL 60067 1 847-934-6000 1 847-934-6730 fax • Mar 04 03 02: 19p Economic Development 847-741 -5677 p. 5 Feb..14. 2003 1:33PM WILTON CORP/PALATINE No. 8721 P. 3/6 • Page 2 February 14,2003 WMH Tool Group is requesting consideration by the City of Elgin fora grant based upon the number of individuals to be employed at the proposed facility and their respective salaries.We are available to assist in the process by providing whatever information may be required and to answer any questions you may have. WMH Tool Group looks forward to your favorable response and we feel very strongly that both WIvI I Tool Group and Elgin will benefit from an Elgin address on our corporate letterhead Sincerely / - John Sisul /'Vice President of Human resources Mac 04 03 02:20p Economic Development 947-741-5677 P• 6 • . Feb.•14. 2003 1 :33PM WILTON CORP/PALATINE No. 8721 P. 4/6 09.04.02 Salary Name Jobtitle Salary by Location Dept. for VA.xis (11"*.L ,JOB TITLE ANNUAL SAL - 1 Operations Managaer $90,464 2 Purchasing $42,436 3 Product Specialist $48`150 4 Purchasing $44,000 5 VP Corporate >40k 6 VP National Accounts >40k - 7 ,Admin Asst-VP Ind $38,500 _ 8 _ VPNat'I Acts/Int'IS >40k 9 !Administrative Asst $34.776 10 Mgr-Ind&Retail C/S $65,725 11 Customer Account Mgr $33,638 12 Mkt. $35,500 13 Marketing Specialist $41,400 14 _Mkt, $39,200 15 Graphic Artist $26,752 16 Director of Quality $94,760 17 Accounting $45,900 18 Finance Acctng Coord $37,260 19 Mgr Financial Report $92,750 20 CFO >40k 21 _President >40k 22 �VP Finance _>40k 23 Executive Assistant $51,975 24 Product Manager_ $65,000 25 PC/LAN Tech Special _ $51,382 26 PRMS Bus Analyst $69,775 27 Director of IS >40k 28 Receptionist _ - $27,040 29 Office Services Supp $27,456 30 VP Corp Services >40k 31 Facilities Manager _ $43,260 32 Human Resources Mgr $71,400 33 VP Human Resources >40k 34 National Sales Mgr $91,300 35 Attorney >40k 36 Mgr AcctNorthAmerOps $57,063 37 _ Advertising Manager $75,000 38 Graphic Designer _ $43,000 39 Graphic Designer _ $40,000 40 Graphic Designer $40,000_ 41 Graphic Designer _ $40,000 42 Graphic Designer _ $40,000 43 Web Site Coordinator $45,000 44_ VP Operations >40 45 Director of Engineering >40 46 Engineeringyanager $40,000 47 ,Product Engineer _ $40,000 Page 1 , Mar; 04 03 02: 20p Economic Development 847-741-5677 p- 7 ' . ' F4•14. 2003 1 :33PM WILTON CORP/PALATINE No. 8721 P. 5/6 09.04.02 Salary Name Jobtitle Salary by Location Dept.for VA.xls JOB TITLE ANNUAL SAL 48 Tech Writer $40,000 49 Tech Writer 0___ $40,000 __ 50 Engineer $50,000 51 Engineer- 52 Engineer _ $50,000 53 Director of Purchasing $90,000 54 Purchasing $45,000 55 _ Purchasing $45,000 .__ 56 Purchasing $45,000 57 Accounting Manager $82.000..,_ 58 VP GM >40 59 Product Manager $65,000 60 Director $72,000 61 Product Manager $75, 000 62 VP GM _ >40 63 Director Product Devel. '40 _ 64 Product Manager $90,000 65 Product Manager $60,000 65 Product Manager _ $60,000 67 Administrative Support $35,000 - 68 Product Specialist _ $35,000 69 Product Specialist $35.000 70 Product Specialist $35,000 71 Product Specialist $35,000 rill' 72 VP,Operations •>40k __, 73 VP,Metal >40k 74 Cust Svc Rep $35,428.00 75 Service Mgr $59,654.00 76 Admin Assist $31,975.00 77 Product Spec $37,440.00 78 Engineer $60,216.00 - 79 _ Field Sts Mgr-East _ $75,608.00 80 Cust Svc Lead $40, 000,00 81 Purchasing Mgr $71,400.00 82 Service Tech $42,385.00 83 Product Mgr �� $56,784.00 _84 Oust Svc Acct Mm $37,553.00 85 ^Product Spec $43,514.00 86 _ Service Tech $35,235700 87 _Mktg Coord/Asst __ $45,365.00 88 FieldSls Mgr-West $75,000.00 89 Warehose/facility $36,109.00 90 Product Specialist $36,000 91 Marketing Specialist $30,000 rk Page 2 • Mar 04 03 02:21p Economic Development 847-741-5677 P• 8 Feb- 14. 2003 1:33PM WILTON CORP/PALATINE No. 8721 P. 6/6 09.04.02 Salary Name Jobtitle Salary by Location Dept.for VA.xls JOB TITLE _ ANNUAL SAL 92 Manager >40k _ 93 Engineer $65,1■ 0 94 Product—Specialist $36.000 95 Sales Coordinator 330,000 _ 96 Director of Sales >40k_ 97 Product Manager S73,000 98 Administrative Asst $54,362 99 _ Marketing,_Manager $66,000 100 VP Sales&Marketng >40k 101 Director of Sales >40k 102 _ Director/Marketing >40k 103 Marketng Coordinator $38,000 104 Sales Coordinator $30,400 105 _ Eastern Regional Sls 544.000 106 Western Regional SIs _ $44,000 107 Product Manager $82,000 108 Product Manager $48,500 109 National Acct.Manager $80,000 Total over$40k= 83 (Pb'. r Page 3