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Board reviews access agreements and inducement resolutions for potential Culver’s/Exede development at 1107 Manheim
Summary
Staff described nonbinding site-access agreements to allow geotechnical testing by a Culver’s franchisee and Exede, and explained inducement resolutions that recognize developer costs as potentially reimbursable only if the village later executes an RDA and creates a TIF; trustees asked about indemnification, insurance, reimbursement limits and shared infrastructure.
Village staff briefed the board on a package of proposals tied to potential redevelopment at 1107 Manheim, including two limited-access/site-access agreements (one for a Culver’s franchisee and one for the developer, Exede) and related inducement resolutions. Staff said the documents would allow developers and their consultants to perform geotechnical testing, develop site plans and firm up project costs while the village completes due diligence.
“There's no binding agreement,” staff said, describing the inducement resolutions as nonbinding steps that let developers incur preconstruction costs that could — but would not necessarily — be reimbursed if the village later executes a Redevelopment Agreement (RDA) and creates a TIF. Staff explained that indemnification, insurance and evidence of insurance will be required in the access agreements, and emphasized that any reimbursement of costs would be determined during future RDA negotiations.
Trustees asked practical questions about whether Exede and Culver’s would duplicate work, how shared driveways and water detention responsibilities would be allocated, and whether reimbursement could result in multiple claims for the same work. Staff responded that standard RDA/TIF rules preclude double reimbursement and that eligible cost determinations would be resolved through negotiation during RDA drafting.
No binding commitments or financing approvals were recorded in public session; the discussion was framed as due diligence and direction to continue negotiations and public-review steps, including future public hearings on any formal plans.
