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O-19-98 03/23/98tillage of Lemont 418 Main Street Lemont, II, 60439 -3788 98302794 X924/0024 81 001 Page 1 of 11 1998 -04 -16 10:44:38 Cook Court; Recorder 4L ORDINANCE NO. _I -?(11-• ORDINANCE APPROVING A RECAPTURE AGREEMENT (Mansell/Stonehenge Condominium Development - 127th Street , Lemont, Illinois) WHEREAS the President and Board of Trustees have deemed it in the community's best interest to enter into a Recapture Agreement , attached hereto as Exhibit "A" and made a part hereof; and WHEREAS the Agreement would assure that the municipal sewer which services additional property in the vicinity of 127th Street and St. Andrews Court would pay a fair share of the sewer improvement costs. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, counties of Cook, Will and DuPage, Illinois, that the Village Board of Trustees authorizes the President and Clerk to execute the attached Agreement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 23rd day of March, 1998. AYES NAYS PASSED ABSENT trr RL E SMOLL 1, rill-age Clerk Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Attes : Approved by me this 23rd da o March . 1998. /4A • r� ��'�Il'' AS KI, Village President C RLE SMOLLEN, Village Clerk 1� 98302'794 ORDINANCE NO. D- MANSEL/STONEBENGE RECAPTURE AGREEMENT WHEREAS, E.T. MANSELL, (hereinafter sometimes referred to as "MANSELL "), owns certain commercial and multi- family property on 127th Street, located in the VILLAGE OF LEMONT, (hereinafter sometimes referred to as "VILLAGE "); and WHEREAS, MANSFT J .' S land is served by sanitary sewer and MANSFT J . was requested by the VILLAGE to provide a municipal sanitary sewer to service additional property not owned by MANSELL; and WHEREAS, the VILLAGE determined, upon advice and recommendation of its Village Engineers, (hereinafter sometimes referred to as "VILLAGE ENGINEERS ") that it is in the best interest of the community that any sanitary sewer mains be designed, constructed and routed in such manner as to be capable of serving a larger area of land, which presently lies within and outside the VILLAGE limits; and WHEREAS, MANSELL has offered to construct such a sanitary sewer system, (hereinafter sometimes referred to as "MANSELL EXTENSION ") upon the understanding that the VILLAGE would provide by appropriate ordinance and related procedures for MANSELL to recapture an equitable portion of the cost thereof from other lands to benefit therefrom; and WHEREAS, the MANSELL EXTENSION will be fully completed by MANSELL at its own expense. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, that: 96302794 Section 1. The MANSELL EXTENSION plans, specifications and cost estimates are hereby approved. Section 2. The entire cost of construction of the MANSELL EXTENSION (including, without limitation, all legal and engineering fees and expenses), has been determined by the VILLAGE. Section 3. In order to effect a fair and equitable allocation of the entire cost of the MANSELL EXTENSION between MANSELL and others who might be benefitted in the future, it is hereby determined that MANSELL shall be entitled to recover the sum of EIGHTY NINE THOUSAND ONE HUNDRED TWENTY FIVE AND 02/100 DOLLARS ($89,125.02) plus applicable interest as described herein allocated among person or persons from time to time owning property within the sewer benefit area identified on the shaded areas on the map attached hereto and made a part hereof and identified as Exhibit "A ", based upon the following allocation: 22 -32- 201 -002 22- 29- 403 -008 22 -29- 423 -021 22- 32- 200 -026 22 -32 -200 -035 22 -32 -200 -034 22 -32 -200 -021 22 -32 -200 -022 22 -32 -200 -023 22 -32- 201 -003 22 -32- 201 -015 22- 32- 201 -006 22 -32 -200 -020 22 -32 -200 -025 22 -32- 200 -024 22- 32- 200 -001 TOTAL Albert Henry Barnett Thomas Cesal Bobby L. Wheat Leo O'Rozco Emery Gasperik Margaret Biggest Edward Biggest Danny Hahn Alex Wojciechowski Audrey Redmon James Reilly Leo Kettman Michael McCann Michael McCann Lemont National Drive -Up 5.045 1.0 1.0 .842 2.528 2.528 1.263 1.263 2.526 1.264 2.528 1.264 .764 1.330 1.365 1.000 AC/44.76% AC/ 8.94% AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ AC/ 8.94% 4.2% 12.3% 12.3% 6.2% 6.2% 12.3% 6.2% 12.3% 6.2% 3.7% 6.5% 6.7% 4.9% $37,813.77 $ 7,552.62 $ 7,552.62 $ 1,520.66 $ 4,453.26 $ 4,453.26 $ 2,244.79 $ 2,244.79 $ 4,453.36 $ 2,244.79 $ 4,453.36 $ 2,244.79 $ 1,339.63 $ 2,353.40 $ 2,425.82 $ 1.774.10 $89,125.02 Section 4. Before the recapture area, or any part thereof, shall be connected directly or indirectly to the MANSELL EXTENSION, the applicant for such connection shall pay to the 06302'794 Village Building Department the prescribed recapture fee for each lot or parcel to be connected for the use, benefit, and purpose hereinafter specified. The Village Treasurer shall pay over to MANSELL all recapture fee charges upon receipt thereof until MANSELL has recovered the aggregate sum of EIGHTY NINE THOUSAND ONE HUNDRED TWENTY FIVE AND 02/100 DOLLARS ($89,125.02) plus applicable interest as described herein in sewer recapture fees. All recapture fees shall be subject to interest at a rate of 9% per annum for a maximum of 10 years. Interest began to accrue on July 1, 1996 and shall cease to accrue at date of payment, or for a period of 10 years whichever is less. Section 5. The proper officers of the VILLAGE shall make all reasonable efforts to make the aforesaid collections of the Sewer Recapture Fee, but shall not be obligated to bring any suit to enforce the collection of same, nor shall the VILLAGE or any of its officials be liable in any manner for failure to make such collections. Section 6. 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, motions or policies including, but not limited to, sewer connection charges, as the recapture fees provided for herein are in addition to such other VILLAGE fees and charges. Section 7. MANSELL has approved this Ordinance as being in conformity with the undertaking between itself and the VILLAGE relating to the construction of said sewer system and releases the VILLAGE of any right to reimbursement in connection thereto. Section 8. This Ordinance constitutes a contract between MANSELL and the VILLAGE and may not be amended by such parties from time to time without the consent of any other person owning land in the area to be served or paying connection fees after the date of the enactment hereof. 98302'794 Section 9. If any provisions of this Ordinance, or the application of such provision to any person or circumstances shall be held invalid, the remainder of this Ordinance or the application of such provision to persons or circumstances, other than those as to which is held invalid, shall not be affected. Section 10. That the foregoing provisions of this Ordinance shall terminate ten years from the date of adoption or upon payment of said charges contemplated by this Ordinance. In the event this Ordinance is challenged and Owner requests the Village to defend against said challenge, Owner agrees to defend said action on behalf of the Village and pay all costs, expenses and attorneys' fees incurred by the Village. If any section, paragraph, sentence or clause of this Ordinance is held invalid, the remainder of this Ordinance shall continue in . full force and effect. Section 11. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on thisc..93 day of ` 77%122Z." , 1998. Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT Approved by me this ATTEST: ENE M. SMOLL , Village Clerk Lidiice, 1 CHARLENE M. SMOLLEN, Village Clerk B: \VILLAGE \MANSELL. REC .17717 • f' ' SKI, Village President ACCEPTED BY: &‘20—D E.T. MANSELL Wt. 1- f- 1 / ► / I / I / �rj / 1 1 1 I r ••j 1 }, I 1 }• I • 4 1 I I t (,'.. 1 III I-_ -_- - -J •BID '1 1•' k J41 Al I ::l 'I ,.Jr 1-- - - -1 -- et Ix t F 98302'794 srri STArC Spitri ft ti ti 'i -- 3r__ - -J j r 7 NIPI ham` 111,06 lk71K103 102k _ oti 1 /ILEA o• 1 T- L 0, -- - -lfi-- ---.' •b t Hitt a?rr J: 1 L� I •` t• .,t { •A. • • • t 1, ttt •11 iTz 1 r?! .a. STRAND ASSOCIATES. INC. E N G I N E E R S 2400 Glenwood Avenue Suite 226 Joliet, Illinois 60435 Phone: (815) 744 -4200 Fax: (815) 744 -4215 January 17, 1997 Village of Lemont 418 Main Street Lemont, Illinois 60439 Attention: Mr. Scott Buening, Community Development Director Re: Stonehenge of Lemont - Recapture Agreement Dear Scott: Strand Associates has reviewed Development Resources' submittal of off -site sanitary sewer improvement costs being claimed by the developer for recapture. The total cost claimed for recapture is $120,687.38. Enclosed is Development Resources' list of improvement costs. Strand has verified that the work on the list has been completed, and copies of final lien waivers have been provided by Mr. Mansell for all but one item. The sodding for parcel 1/22- 29-403 -006 will be completed when weather permits. Per our phone conversation, a final lien waiver for this sodding will be provided when complete. If you have any questions, please feel free to call. Sincerely, STRAND ASSOCIATES, INC. (-&e-c e,74,1,g Michael R. Waldron, P.E. 424 - 745 /RTA:DE cc: Steve Jones - Village Administrator John Antonopoulos - Village Attorney Dan Fielding - Public Works Director EXCELLENCE IN ENGINEERING SINCE 1946 Madison, WI • Louisville, KY • PEN - Lexington, KY Village of Lemont Page 2 January 17, 1997 COST: 1. Dresden Land Improvements, Inc. M.H. TY A @ 48: 5 EA $11,250.00 PVC SDR 26 @ 8: 954 LF $22,419.00 PVC SDR 26 @ 8" in Auger Cas: 7 LF $10,010.00 FA 6 Trench Backfill 954 LF $39,448.00 Trucking Excavated Spoil (In LF price) 2. Grade and Restore Trench $3,494.50 Dresden Excavating 3. Fine Grade and Plant Vegetation $15,376.75 Hoppy's Landscaping 4. Restore Driveways $1,150.00 Ken Wilson Paving 5. Field Staking for Improvements $2,400.00 Area Survey Company 6. Village of Lemont Review Fees $6,321.38 (Per Scott Buening, only engineering fees are eligible for recapture) 7 MWRD Fees (30% of $5,592.50) $1,677.75 8. Tree Removal Compensation $450.00 Tim and Kelly Barnett 9. SOD Parcel #22 -29- 403 -006 $ 1,750.00 (To be completed) 10. Design Fees @ 6% of Base Subcontracted $4,940.00 Cost Development Resources, Inc. TOTAL $120,687.38 A 67, (o -1-41 RccgP��� 64 .- s-G2. 3G C�Z6 '1) �yy 115 . Sa STRAND ASSOCIATES. INC. STRAND ASSOCIATES. INC. 2400 Glenwood Avenue Suite 226 Joliet, Illinois 60435 Phone: (815) 744 -4200 Fax: (815) 744 -4215 September 25, 1997 Village of Lemont 418 Main Street Lemont, Illinois 60439 Attention: Ms. Joanna Littrell, Village Engineer Re: Stonehenge of Lemont - Recapture Agreement Dear Joanna: 98302794 As requested, Strand Associates has reviewed the documentation submitted by Development Resources for the Stonehenge Recapture Agreement and the proposed recapture ordinance. We address your questions as follows: 1. As noted in our January 17, 1997 letter, the total cost for recapture was determined to be $120,687.38. In a letter dated January 24, 1997, Scott Buening asked for Ed Mansel's concurrence with this amount. We do not have a response to this request in our files. 2. Our January 17 letter also noted that all associated work had been completed and lien waivers had been received, with the exception of sodding to be performed on parcel #22- 29- 403 -006. This sod work has been completed, but we have not received a lien waiver for this work (the cost is $1,750). 3. The recapture agreement is not based on an equation. The recapture allotment established by Development Resources is based on two user categories: • Parcels that have direct frontage on the Stonehenge sanitary sewer • Parcels that are tributary to the Stonehenge sanitary sewer by means of a future sewer extension EXCELLENCE IN ENGINEERING SINCE 1946 Madison, WI • Louisville, KY • PEH - Lexington, KY Village of Lemont Page 2 September 25, 1997 98302"794 Each user is allotted a different percentage of the cost. We agree with the parcels included in the recapture area, and, generally, with the percent of cost allotment. However, as we had previously noted to Development Resources, we believe that there are several additional properties to the west of the proposed recapture area that could be serviced by the Stonehenge sanitary sewer extension. The developer's response to this comment was that the west properties should send their flows towards State Street. The sewer system along State Street is already at its capacity and is not capable of handling these additional flows. Therefore, these areas should be included in the service area and the cost allotment revised accordingly. 4. The parcels south of Stonehenge have been included in the recapture agreement, and their percent allotment is appropriate. 5. The proper easements are in place, however, Strand has no knowledge of a Bill of Sale transferring title to the improvements. If you have any questions, please feel free to call. Sincerely, SSOCIATES, INC. /c.44,z Michael R. Waldron, P.E. 424- 745/MFT:DE cc: Steve Jones - Village Administrator Scott Buening - Community Development Director Jim Perry - Village Planner John Antonopoulos - Village Attorney Dan Fielding - Public Works Director STRAND ASSOCIATES. INC.