O-82-05 10/12/2005i
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Doc #: 0530027091 Fee: $74.50
Eugene "Gene" Moore
Cook County Recorder of Deeds
Date: 10/27/2005 12:32 PM Pg: 1 of 9
VILLAGE OF LEMONT
ORDINANCE NO. o -1(q-€35"
COOK COMPOSITE & POLYMERS /
ASHLAND DISTRIBUTION WATER MAIN EXTENSION
RECAPTURE AGREEMENT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 12th day of October, 2005.
Published in pamphlet form by Authority
of the President and Board of Trustees of
the Village Of Lemont, Cook, Will and
DuPage Counties, Illinois, this /2
day of 0 c k 6ir , 2005.
This document prepared by:
John Antonopoulos, Esq.
15419 127th Street, Suite 100
Lemont, IL 60439
VILLAGE OF LEMONT
ORDINANCE NO. C. jZ -cs-
COOK COMPOSITE & POLYMERS /
ASHLAND DISTRIBUTION WATER MAIN EXTENSION
RECAPTURE AGREEMENT
This Ordinance and Recapture Agreement for Water (hereinafter, the "Ordinance
and Agreement") is made by and between the Village of Lemont, an Illinois municipal
corporation (hereinafter, the "Village "), and Cook Composite and Polymer Company and
Ashland Distribution (hereinafter, the "Owners "); the Village and the Owners are sometimes
referred to individually as a "Party" and jointly as the "Parties ".
A. Whereas, the Owners own certain tracts of land along Main Street between
Parker and Maley Road and are desirous of developing said property.
B. Whereas, the Village is determined that upon the advice and
recommendation of the Village Engineer, that it is in the best interest of the
community to extend and improve its municipal water in a manner which
would serve the area of land larger than Cook Composite and Polymer
Company and Ashland Distribution, and a part of a larger area within the
boundaries of the Village in which improvements will benefit other properties
other than the Owners.
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C. Whereas, extensions of and improvements to the Village's water system is
and will be carried out in the manner recommended by the Village Engineer
with the understanding that the Village would establish procedures whereby
equitable portions of the construction costs could be recaptured from the
owners and developers of other properties which would benefit from
connection to said upgraded extensions. A legal description depicting the
recapture parcel located within the area of the water system improvements
which is subject of this Ordinance and Agreement is attached hereto as
"Exhibit A" and incorporated herein by reference.
D. Whereas, the Ordinance and Agreement is intended to take into account the
area identified on "Exhibit A" which may be served by the extension and
improvements to the Village's water system by the Owner's development.
WHEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU
PAGE as follows:
1. Costs. The construction cost of the Water Main improvements is
estimated to be $263,799.00, with additional related expenses estimated not to exceed
$39,569.85.
2. Benefited Area. In order to effect a fair and equitable allocation of the cost
of Water Main among those who will be benefited by connection to the Water Main, it is
hereby determined that the Owners of the Benefited Area are determined as follows:
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Ashland Distribution
(PIN #22 -14- 300 -035)
Cook Composite & Polymer Company
(PIN 22 -14- 300 -034 &
PIN 22 -14- 300 -040)
D. Loniello Hussman Parcel Share
(PIN #22 -14- 300 -029)
Totals
Estimated
Construction
Cost
$ 79,686.67
104,425.66
79.686.67
$263,799.00
Estimated
Maximum Related
Expenses
$11,952.07
15,665.71
11.952.07
$39,569.85
Total
$ 91,638.74
120,091.37
91 638.74
$303,368.85
In consideration for Ashland Distribution and Cook Composite and Polymer Company
paying the entire amount necessary to make said Water Main improvements, and D. Loniello
Hussman parcel not participating in the Water Main Extension but being within the Benefited Area,
the Village shall adopt this Ordinance allowing Ashland Distribution and Cook Composite and
Polymer Company to Recapture the actual cost of the water main and related expenses not to
exceed $91,638.74 plus interest at seven and one -half percent (7- 1/2 %), commencing from the date
of disbursement and compounded annually from and after said date from time to time against the
Owners of the land described on "Exhibit A ", identified as Permanent Real Estate Index Number 22-
14- 300 -029.
3. Recapture Fees. Before any portion of the lot or parcel described in Exhibit A
shall be connected directly or indirectly to the Water Main, the applicant for such connection shall
pay to the Village Clerk, the recapture amount noted in Paragraph 2, plus interest as set forth in
Paragraph 2 of this Ordinance.
4. Collection. The Village shall collect Recapture Fees before Water Main
connection permits are issued. The Village may bring suit to enforce collection of same. Owners
may bring suit on behalf of the Village to collect any Recapture Fees due and owing. In the event
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the Owner prosecutes a collection lawsuit, the Village shall cooperate by allowing Owners
reasonable access to its books and records concerning the annexation and development of
properties within the Benefited Area and the collection of recapture Fees. Neither the Village nor
any of its officials shall be liable for monetary damages for failure to collect Recapture Fees.
5. Payment to Owner. The Village Clerk shall pay the Owners its successor and or
assigns or its designee all Recapture Fees upon receipt thereof until Owners have recovered the
aggregate principal amount as noted in Paragraph 2, together with interest charges that have been
recovered. The amount of recapture Fee shall be computed by the Village Engineer upon
completion of the project, and shall be established at that time. Payment shall be divided equally
between the Owners, its successors, and or assigns or its designee within thirty (30) days of receipt
under Paragraph 4 of this Agreement.
6. Other Fees. Nothing herein shall limit or in any way affect the rights of the Village
to collect other fees and charges pursuant to Village ordinances, resolutions, policies or practices,
including, but not limited to, water connection, inspection, permit and tap -in fees, which fees and
charges shall be in addition to the Water Recapture Fees.
7. Ownership and Maintenance. By this Agreement, Owners convey and
transfer to the Village, upon inspection and approval by the Village Engineer, all Owners rights to
the said systems and Owner shall have no further obligation relating thereto. Water Main systems
shall be the property of the Village. The Village, without cost to the Owners, shall maintain and
repair the system in accordance with Village maintenance policies and ordinances in effect from
time to time.
8. Term. This Ordinance and Agreement shall be binding on the Parties for a term of
twenty (20) years from the date hereof of this Ordinance and Agreement. The Village's ownership
and maintenance of the Improvements shall be perpetual.
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9. Notice. Any notice or other communication which may be desired or required
pursuant to the Ordinance and Agreement shall be in writing and shall be deemed given if
personally delivered or deposited in the United States Certified Main, postage prepaid, addressed to
the intended recipient at the addresses set forth below, or to other addresses as each Party may
subsequently designate by notice in accordance herewith:
If to the Village: Village of Lemont
418 Main Street
Lemont, Illinois 60439
If to the Owners:
Ashland Distribution
8500 South Willow Springs Road
Willow Springs, IL 60480
Cook Composite & Polymer Company
13511 Main Street
Lemont, IL 60439
Notices shall be deemed made on the day deposited in the U.S. Mail.
10. All Actions Taken. The Village confirms that it has taken or shall take all
actions required by law to enable it to executed this Ordinance and Agreement and to
perform the covenants and conditions of the Ordinance and Agreement.
11. Captions. The captions of paragraphs herein are inserted only for
convenience and are in no way to be construed as a part of this Ordinance and Agreement
or as a limitation of the scope of the particular sections to which they refer.
12. Assignment. Owners, their successors and or assigns may assign their
rights and obligations under this Ordinance and Agreement provided notice of such
assignment is given to the Village. Said notice shall state the name and address of
Assignee and designate Notice address under Paragraph 9 and shall include a copy of the
assignment.
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13. Amendment. This Ordinance and Agreement and any exhibits attached
hereto may be amended only by the mutual consent of the Parties and adoption of an
ordinance by the Village approving said amendment, and the execution of said amendment
by the Parties or the successors in interest.
14. Contract. This Ordinance and Agreement constitutes a contract between
the Parties and may be amended by the Parties from time to time without the consent of
any other person owning land within the Benefited Area, or any other person having paid
Recapture fees after the date of the enactment hereof.
15. Governing Law. This Ordinance and Agreement shall be govemed by and
construed in accordance with the laws of the State of Illinois. This Ordinance and
Agreement is binding on the parties, their assigns and successors in interest.
16. Conflicting Ordinances. All ordinance or parts of ordinances in conflict with
this Ordinance and Agreement are hereby repealed.
17. Estoppel Certificates. A Party, or its successors, may request and obtain
from the other Party, or its successors, a letter or resolution stating (1) whether this
Ordinance and Agreement is in full force and effect, (2) which covenants and requirements
of this Ordinance and Agreement have been performed, (3) that no Party is in default of its
obligations under this Ordinance and Agreement, or, if a Party is in default, the nature and
extent of such default, (4) the nature and extent of any amendment or modification to this
Ordinance and Agreement, and (5) the amounts of Recapture Fees, interest charges and
administrative fees collected by the Village Clerk pursuant to this Ordinance and
Agreement and the amounts paid to the Owners.
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18. Severability. If any provision, clause, word or designation of this Ordinance
and Agreement is held to be invalid by any court of competent jurisdiction, such provision,
clause, word or designation shall be deemed to be excised from this Ordinance and
Agreement and the invalidity thereof shall not affect any other provision, clause, work or
designation contained herein.
19. Recording. Owners shall present this Ordinance and Agreement to the
Recorder of Dees for Cook County within thirty (30) calendar days after its execution by the
Village and Owners.
20. Effective Date. This Ordinance and Agreement shall be in full force and
effect from and after its adoption, approval and publication by the President and Board of
Trustees of the Village.
Adopted this 12th day of October, 2005.
Ayes:
Nays:
Abstain:
Absent:
Approved:
STATE OF ILLINOIS
ss
COUNTY OF COOK
John F. Piazza, i age President
I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify
that John F. Piazza, as Village President for the Village of Lemont, appeared before me this
day in person and, being first duly sworn on oath, acknowledged that he executed the
foregoing certification as his free act and deed.
Given under my hand and seal this 12th day of October, 2005.
(Notary Seal)
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Exhibit 'A"
That part of the Southwest 1/4 of Section 14, Township 37 North, Range 11, East of the
Third Principal Meridian bounded and described as follows: Beginning at a point on the
Northerly line, (as said Northerly line has been monumented), of a parcel of land conveyed to
the Northern Illinois Gas Company by Deed recorded in the Recorders Office of Cook
County, Illinois, as Document Number 18787599, said point being 492.81 feet measured
perpendicularly, North from the South line and 942.64 feet, measured perpendicularly, East
from the West line of said Southwest 1/4, and running; thence Northwardly along a straight line
which has as its Northerly terminus, a point which is 1280.86 feet, measured
perpendicularly, North from the South line and 792.35 feet, measured perpendicularly East
from the West line of said Southwest 1/4, a distance of 241.91 feet to a point; thence
Northeastwardly along a straight line, which has as its Northeasterly terminus, a point on the
North line of said Southwest 1/4 of Section 14, which point is 34.57 feet, measured along
said North Line, West from the Northeast comer of said Southwest 1/4, a distance of 704.86
feet to a point; thence Southwardly along a straight line parallel with the East line of said
Southwest 1/4, a distance of 720.23 feet to a point on the Northerly line of the aforesaid
parcel of land conveyed to the Northern Illinois Gas Company; thence Westwardly along
said Northerly line of the parcel of land conveyed to the Northern Illinois Gas Company, a
distance of 429.16 feet to the point of beginning, excepting therefrom the Westerly 16.00 feet
thereof, as measured perpendicularly to the Westerly line of that part of said Southwest 1/4
hereinbefore described, in Cook County, Illinois.
Identified as Permanent Real Estate Index Number: 22 -14- 300 -029
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