===== PDF PAGE 34 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO FINANCE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: ______7.A.________ First Amendment to Development Agreement with 1300 Roosevelt Investors LLC for Fabyan COMMITTEE AGENDA DATE: March 2, 2026Parkway Improvements at Poorman Parkway Ordinance 26-O-0009 COUNCIL AGENDA DATE: June 1, 2026 STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE __________________________ ITEM SUMMARY: In May 2023, the City Council approved Ordinance No. 23-O-0009 authorizing a development agree- ment with 1300 Roosevelt Investors LLC for property located at the southeast corner of Roosevelt Road and Fabyan Parkway. The project consists of construction of two industrial buildings totaling approximately 675,000 square feet, including warehouse and distribution space with associated parking, loading areas, stormwater facilities, and supporting site improvements. The project also includes construction of Poorman Park- way, a new internal roadway connecting Fabyan Parkway to the eastern property boundary, along with necessary access and turn lane improvements on Fabyan Parkway. The development represents a significant private investment and is supported through TIF reim- bursement mechanisms tied to incremental property tax generation following project completion. Permit Delays and County Coordination For 18 months, the developer, Pritzker Realty Group (PRG), has pursued permitting from the Du- Page County Department of Transportation (DuDOT) for roadway access associated with Poorman Parkway. Progress has been largely delayed due to DuDOT’s planned Fabyan Parkway widening project, which requires coordinated design and construction of intersection improvements before ac- cess approvals can be issued. As part of that coordination effort, DuDOT requested that the City enter into an Intergovernmental Agreement (IGA) to incorporate intersection improvements into the County’s roadway project and to define cost and maintenance responsibilities between the County and the City. The City Council approved the IGA via Resolution No. 26-R-0042 at its May 18 meeting. Pursuant to its terms, the IGA will become effective upon approval by DuPage County and approval of the First Amendment to the Development Agreement by the City Council. Intergovernmental Agreement Summary The IGA provides for construction of a northbound right-turn lane and southbound left-turn lane at Fabyan Parkway and Poorman Parkway as part of the County’s Fabyan Parkway improvement pro- ject. ===== PDF PAGE 35 ===== [Extraction: embedded PDF text] Under the IGA, the County will administer construction of the intersection improvements as part of the larger Fabyan Parkway project, while the City assumes responsibility for the associated costs. The First Amendment to the Development Agreement incorporates these obligations and requires the Developer to fund for the intersection improvement costs associated with their development pro- ject. While the County requires the City to assume the obligations under the IGA, the improvements are directly attributable to development access needs associated with the project. First Amendment to the Development Agreement To address the County requirements and coordinate the implementation of the IGA, staff has negoti- ated the First Amendment to the Development Agreement to: • Require the developer to fund the cost associated with the intersection improvements; • Establish a payment schedule aligned with the County’s reimbursement timeline, including provisions requiring the developer to fund the intersection improvement costs prior to the City’s reimbursement obligations to the County, thereby limiting financial exposure to the City; • Correct scrivener’s errors in the Original Agreement; and • Replace Exhibit E of the agreement to reallocate eligible redevelopment project costs based on actual bid results and updated infrastructure estimates. The amendment does not increase the total TIF reimbursement authorization or request additional TIF assistance. Rather, the amendment primarily reallocates previously eligible redevelopment pro- ject costs to align with updated construction bids and required intersection improvements. This ap- proach limits financial exposure to the City while allowing the project to proceed without expanding incentive commitments. Timing Considerations Agreement on the terms of the IGA was necessary for DuDOT to issue access permits for Poorman Parkway. As of the writing of this memo, DuPage County has provided temporary construction ac- cess for the project to begin site activity while the IGA proceeds through the County approval pro- cess. The existing Development Agreement requires construction to begin prior to June 2026. If permits are issued as anticipated, construction is expected to begin as soon as next week, with completion of both buildings projected for January 2027. Coordination on these items has been occurring for several months and was presented to the Fi- nance Committee at its March 2 meeting. At that time, the Committee expressed support for the proposed terms and directed staff to finalize negotiations and present the agreements directly to City Council for consideration. ACTIONS PROPOSED: Approval of an Ordinance Authorizing the Execution of A First Amendment to Development Agreement With 1300 Roosevelt Investors, LLC Related to Intersection Improvements at Fabyan Parkway and Poorman Parkway. COMMITTEE RECOMMENDATION: The Finance Committee expressed support for the proposed terms and directed staff to finalize ne- gotiations and present the agreements directly to the City Council for consideration. ===== PDF PAGE 36 ===== [Extraction: embedded PDF text] ORDINANCE NO. 26-O-0009 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH 1300 ROOSEVELT INVESTORS, LLC RELATED TO INTERSECTION IMPROVEMENTS AT FABYAN PARKWAY AND POORMAN PARKWAY WHEREAS, the City of West Chicago (“City”) is an Illinois home rule municipality organized and operating pursuant to Article VII, Section 6(a) of the Illinois Constitution of 1970; and WHEREAS, the City previously entered into a Development Agreement for the Southeast Corner of Roosevelt Road and Fabyan Parkway in the City of West Chicago Roosevelt / Fabyan TIF District with 1300 Roosevelt Investors LLC (“Developer”), approved pursuant to Ordinance No. 23-O-0009 and recorded as Document No. R2023-041510 with the DuPage County Recorder’s Office (the “Original Agreement”); and WHEREAS, the Original Agreement provides for development of property generally located at the southeast corner of Roosevelt Road and Fabyan Parkway, including construction of industrial buildings and associated site improvements, roadway improvements, and public infrastructure; and WHEREAS, DuPage County (“County”) is undertaking roadway improvements to Fabyan Parkway generally between Roosevelt Road (IL-38) and the County line, including widening and related improvements (the “County Fabyan Work”); and WHEREAS, in connection with the County Fabyan Work, the County has agreed to incorporate certain improvements at the intersection of Fabyan Parkway and the proposed Poorman Parkway (the “Intersection Work”) into the County Fabyan Work, subject to the terms of an Intergovernmental Agreement (approved via Resolution No. 26-R-0042) between the City and County; and WHEREAS, the proposed First Amendment to Development Agreement establishes terms relating to the Intersection Work, including Developer funding of costs associated with the Intersection Work pursuant to the Intergovernmental Agreement; and WHEREAS, the proposed First Amendment further updates certain exhibits, reallocates eligible redevelopment project costs based upon updated construction bids and infrastructure estimates, and clarifies obligations associated with the Intersection Work; and WHEREAS, the proposed First Amendment does not increase the maximum amount of tax increment financing reimbursement authorized under the Original Agreement; and WHEREAS, the City Council finds that approval of the First Amendment is necessary and in the best interests of the City and its residents to facilitate coordinated roadway Page 1 of 4 ===== PDF PAGE 37 ===== [Extraction: embedded PDF text] improvements, support continued economic development, and advance the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of West Chicago, DuPage County, Illinois, in the exercise of its home rule authority, as follows: SECTION 1. Recitals. That the foregoing recitals shall be and are hereby incorporated as though fully set forth herein. SECTION 2. Approval of First Amendment. The First Amendment to Development Agreement between the City of West Chicago and 1300 Roosevelt Investors LLC, substantially in the form attached hereto as Exhibit I, is hereby approved. SECTION 3. Authorization to Execute. The Mayor is hereby authorized and directed to execute, and the Executive Office Manager is hereby authorized to attest to, the First Amendment to Development Agreement and such other documents as may be necessary to effectuate the intent of this Ordinance, subject to non-substantive revisions approved by the City Administrator and City Attorney. SECTION 4. Severability. This Ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this Ordinance is found to be void, unconstitutional, or otherwise unenforceable. All remaining portions of this Ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after: a. Its passage, approval, and publication in the manner provided by law; and b. the date the County approves the Intergovernmental Agreement between the County of DuPage and the City of West Chicago for Intersection Improvements at CH/21Fabyan Parkway and Poorman Parkway Section #08-00210-03-FP and after its passage and approval as provided by law. Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 1st day of June, 2026. VOTE: Alderman J. Alcántar-García ______ Alderman D. Beebe ______ Alderman I. Santiago ______ Alderman J. Sheahan ______ Alderman D. Carreto-Muñoz ______ Alderman T. Hernandez ______ Alderman S. Dimas ______ Alderman M. Birch Ferguson ______ Alderman C. Swiatek ______ Alderman J. Smith, Jr. ______ Alderman C. Aviña Soto ______ Alderman R. Stout ______ Alderman M. Myers ______ Alderman J. Morano ______ Page 2 of 4 ===== PDF PAGE 38 ===== [Extraction: embedded PDF text] APPROVED as to form: ______________________________________ City Attorney APPROVED this 1st day of June, 2026. ______________________________ Daniel Bovey, Mayor ATTEST: __________________________________ Valeria Biggerstaff, Executive Office Manager PUBLISHED: ___________ Page 3 of 4 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT I Page 4 of 4