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O-80-98 10/26/98080241 1 3912,'0063 53 001 Poe 1 of 15: 1998 -11 -13 10- 22:46 Cook Count; Recorder 49.50 ORDINANCE NO. ti ff61. ORDINANCE APPROVING A RECAPTURE AGREEMENT (Chestnut Crossing Subdivision, 127th Street and Chestnut Crossing Drive) 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 Combined Management, Inc. would recover $116,270.46, plus 8.0% interest to cover the cost of oversizing some utility lines as well as for increasing the size of the lift station to service other nearby properties; and WHEREAS the proposed recapture delineates 15 parcels which may directly benefit from the extension of the water and sewer utilities; and WHEREAS all properties, including the Chestnut Crossing Subdivision, will share equally in the excess utility extension costs. NOW,'1HLREFORE, 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. 08024121 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 26th day of _ October 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT v vy Approved by me this 26th day ENE SMOLLEN, Village Clerk tober 1998. ALI 16, m• A. AS IO Village President Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, I160439 doc. id. chestnutrec. ord STATE OF ILLINOIS SS COUNTY OF IMAGE EXHIBIT "C" TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by FINAL WAIVER OF LEN Gty K 08024/21 to furnish site utilities Combined Matlagemertt Loan 1 for the premises known as Chestnut Crossing of which Combined Management is the owner. The undersigned. for and in consideration of Eighteen Thousand :,Six Handed 'Slats One afld 19 /100's IS 18,661.19 ) Dollars. and other good and•vatuabte consideration. the receipt whereof is hereby acknowledged. doles) hereby waive and release any and all lien orctaim of, or right to, lien. under the statutes of the State of Illinois. relating to mechanics' liens. with respect to and on said above - described premises, and the improvements thereon. and on' the material. fixtures: apparatus or machinery furnished. and on the moneys. funds or other considerations due or to become due from the owner. on account of labor. services. material. fixtures. apparatus or machinery heretofore furnished, or which may be furnished at any time hereafter. by the undersigned for the above described premises. Given under. his hand and seal this 22nd day of 19 96 . CO., INC. Wes'' Signature and Seal: P John W. Soltwisch, Pres. �� ' NOTE: All waivers must be for the full amount paid. if waiver is for, orporation. corporate name should be used. corporate seal affixed and title of officer signing waiver should be set forth: if waiver is for a partnershi• the pannership name should be used. partner should sign and designate himself as partner. STATE OF ILLINOIS SS CONTRACTOR'S ;AFFIDAVIT COUNTY OF DIJPAG TO WHOM IT MAY CONCERN: THE undersigned. being duly sworn, deposes and says that he is John N. Soltwisch President of the WM. M. SOLTWISCH & CO.., INC. who is the contractor for the site utilities ' building located at Chestnut Croasina. Lemont. Illinois owned by Combined Management That the total amount of the contract including extras is S 836.159.03 on which he has received payment of S 817,497.84 prior to this payment. That all waivers are true. correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material or labor, or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each. and that the items mentioned include all labor and material required to complete said work according to plans and specifications: work on the NAMES WHAT FOR CONTRACT .. PRICE- ' AMOUNT PAID THIS P'YMIKNT RAt.ANctt DUF American Ductile Iron DI Pipe 90.979,6 90,979,16 -0- -0- Continental Cnnc Pipe Conc Pipe - 78',5004.00 78.500.0,9 -0- -0- Illinois Mining Stone 32.0( 03 • 12.,Q09,03 -0- -0• Norwalk Tank Cong Pipe 34.4403$ 33,910138 560.00 -0- water Pro Pipe /Fittinds 48.9Q0.Q 46.836.14 2,063.86 -0- Vulcan Materials Stone 3,3.74,82 2,577.65 10,149.17 -0- East Jordan Pipe 404611 ,00 38.905.09 1100.00 -0- TOTAL LABOR AND MATERIAL TO COMPLETE CONTINUED That there are no other contracts for said work outstanding. and that there is nothing due or to become due to any person for material. labor or usher work of any kind done ur to be done upon or in connection with said work other than above stated. Signed this 22nd day of "OFFICIAL SEAL" MARIANNE HOVORKA seNPACY-iePtiten edbbictit Wirth* My Commission Expires 4/7/99 Signature: '' 22nd CO., INC. 19 96 John W. Soltwisch, Pres. day of May 19 96 pprir , OF ILLINOIS 1 SS COUNTY OF Duna TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by FINAL W AIVER OF LIEN Gty a nH024121 EXHIBIT Page 2 Combined Management nCn Loan to furnish site utilities for the premises known as Chestnut Crossing of which Combined Management is the owner. The undersigned. for and in consideration of Eighteea _Tbousan'S Six Hjdrxd Sixty One and 19 /100's (S 18,661.19 ) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, dotes) hereby waive and release any and all lien or claim of. or right to, lien. under the statutes of the Stateof lllinois. relating to mechanics' liens. with respect to and on said above - described premises, and the improvements thereon. and on the material. fixtures, apparatus or machinery furnished, and on the moneys. funds or other considerations due or to become due from the owner. on account of labor. services. material. fixtures. apparatus or machinery heretofore furnished. or which may be furnished at any time hereafter. by the undersigned for the above- described premises. ' Given under his hand and seal this 22nd day of 144Y Y COUNTY OF DITPAGE Signature and Seal: NOTE: All waivers must be for the full amount paid. If waiver is for rstTon, corporate narfleshould be used, corporate seal affixed and title of officer signing waiver should be set forth: if waiver is for a partnership. ' e partnership name should be used. partner should sign and designate himself as partner R. St));, 1 & co. , INC. JOHN W. SOLTWISCH, PRES. STATE OF ILLINOIS SS CONTRALTO$'. .. ! 'r .l► VI TO WHOM IT MAY CONCERN: THE undersigned. being duly sworn. deposes and says that he is PRESIDENT JOHN 11. SOL'i'1l28trit of the who is the contractor for the Site Utilities work on the building located at Chestnut Crossing owned by Combined Management That the total amount of the contract including extras is S 836,159.03 on which he has received pu }mcnt of S 817,497.84 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material or labor, or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each. and that the items mentioned include all laborand material required to complete said work according to plans and specifications: WM. B. SOLTWISCH & CO., INC. NAMES WHAT FOR . CON-TRACT PRICK AMOUNT PAID THIS PAyNIE. \T BALANCE DUE Metropolitan Pump Lift Station 52,190.00 "0' 52,190.00 -0- Wm.B.So1Orisch & Co.,_ Inc. Misc Mat1s /Labor 425,378.64 472,780.48 (47,401.84) -0- Overhead/Profit TOTAL LABOR AND MATERIAL To COMPLETE ' `; 836,15.9.03. 81;497.84 18,661.19 -0- That there are no other contracts for said wort: outstanding. and that there is nothing due or to becomedue to any person for material. laboror other work of any kind done or to be done upon or in connection with said wont other than above stated. Subs • 22nd "OFFICIAL SEAL' MARIANNE HOVORKA Notary Public, State of I(linois likiaeberiffilifbli iPata 18"0 RI 39 22nd day of Signature: 19 96 JOHN W. SOLTWISCH, PRES. day of _ May 19 96 I L "Exhibit c" - Pg.3 NO 3568 WM. B. SOLTWISCH & CO., INC. PAGE 1 of 2 422 W. Chestnut St. • Hinsdale, IOinois 60521 • (708) 323 -0266 • FAX (708) 323 -0455 08024121 PfiTLMiJLLEND MANAGEMENT, INC, c/o 6912 MAIN STREET DOWNERS GROVE, ILLINOIS 60516 OUR JOB #4054 CHESTNUT CROSSING JULY 17, 1995 LEMONT, ILLIN Oescr)ption Amount SANITARY SEWER LIFT STATION 8" DIP 16" AUGER 12" SDR- 26/3034 8" SDR-26/3034 6" SERVICE (NEAR) 6" SERVICE (FAR) 4' DIA MANHOLE TRENCH BACKFILL CONNECT TO EXISTING AIR RELEASE VALVE WATER MAIN 6" DIP CL -52 8" DIP CL-52 12" DIP CL-52 16" AUGER 6" VALVE W /4' DIA VAULT 8" VALVE W /4' DIA VAULT 12" VALVE W /4' VAULT FIRE HYDRANTS 1" SERVICE (NEAR) TRENCH BACKFILL CONNECT TO EXISTING STORM SEWER 6" UNDER DRAIN 8" UNDER DRAIN 60" RCP CL IV 60" FEX W /GRATE 60" T- MANHOLE 30" RCP CL III 27" RCP CL III 24" RCP CL III 21" RCP CL III 18" RCP CL III 15" RCP CL III 12" RCP CL III 10" RCP CL III 8" RCP CL III 12" FES W /GRATE SLOPE BOX 1 EACH @ 73,311.00 4035 L.F. @ 16.45 75 L.F. @ 132.00 2520 L.F. @ 20.00 1945 L.F. @ 14.40 33 EACH @ 350.00 21 EACH @ 1,470.00 21 EACH @ 1,548.00 2380 C.Y. @ 15.10 1 EACH @ 1,146.00 2 EACH @ 2,200.00 TOTAL SANITARY SEWER 1335 L.F. @ 15.91 4835 L.F. @ 17.00 1210 L.F. @ 24.00 75 L.F. @ 132.00 2 EACH @ 1,608.00 12 EACH @ 1,180.00 3 EACH @ 1,531.00 18 EACH @ 1,288.00 33 EACH @ 310.00 u „qtr 590 C.Y. @ 15.10 1 EACH @ 795.00 TOTAL WATER MAIN 172 L.F. @ 9.90 290 L.F. @ 16.00 346 L.F. @ 105.00 2 EACH @ 3,182.00 1 EACH @ 2,950.00 203 L.F. @ 30.25 124 L.F. @ 27.40 1325 L.F. @ 23.95 767 L.F. @ 22.30 430 L.F. @ 21.00 623 L.F. @ 18.45 1514 L.F. @ 16.45 1215 L.F. @ 15.50 25 L.F. @ 16.25 4 EACH @ 628.00 3 EACH @ 3,120.00 (CONTINUED) $ 73,311.00 66,375.75 9,900.00 50,400.00 28,008.00 11,550.00 30,870.00 32,508.00 35,938.00 1,146.00 4,400.00 $ 21,239.85 82,195.00 29,040.00 9,900.00 3,216.00 14,160.00 4,593.00 23,184.00 10.230.00 xi 8,909.00 795.00 $ 1,702.80 4,640.00 36,330.00 6,364.00 2,950.00 6,140.75 3,397.60 31,733.75 17,104.10 9,030.00 11,494.35 24,905.30 18,832.50 406.25 2,512.00 9,360.00 $ 344,406.75 $ 224,751.85 VILLAGE OF LEMONT ORDINANCE NO. CHESTNUT CROSSING RECAPTURE AGREEMENT OF SEWER AND WATER 08024121 This Ordinance and Recapture Agreement for Sewer and Water (hereinafter, the "Ordinance and Agreement ") is made by and between the Village of Lemont, an Illinois municipal corporation (hereinafter, the "Village "), and South Holland Bank and Trust Company , as trustee under Trust #10958, dated May 5, 1994 (herein, the "Owner "); the Village and Owner are sometimes referred to herein individually as a "Party" and jointly as the "Parties". A. Whereas, the Owner owns and /or has developed an 29 -acre tract of property within the Village located south of 127th Street approximately one mile east of State Street, which property is commonly known as Chestnut Crossing subdivision. B. Whereas, the Village determined, upon the advice and recommendation of the Village Engineer, that it was in the best interests of the community to extend and improve its municipal water and sanitary sewer systems in a manner which would serve an area of land larger that the Chestnut Crossing subdivision, part of which larger area lies within the boundary of the Village and a part of which lies in such relation to the Village boundary that it may be annexed to the Village in the future. The Owner has agreed to and has subsequently installed such larger capacity and upgraded systems as required by the village. C. Whereas, extensions of and improvements to the Village's water and sanitary sewer systems were 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 map depicting the location of the sanitary sewer system and water system 08024121 improvements which are subject of this Ordinance and Agreement (hereinafter the "Sewer/ Water Main ") and the area benefited thereby, consisting of approximately eighty -four and three tenths (84.3) acres, is attached hereto as Exhibit "A" and incorporated herein by this reference. D. Whereas, this Ordinance and Agreement is intended to take into account new areas including, but not limited to the benefit area of "Exhibit A" which may be served by extensions and improvements to the Village's sanitary sewer and water system by the Owner's development of Chestnut Crossing subdivision. Wherefore, the parties agree as follows; 1. Costs. The entire cost of infrastructure improvements including construction of the Sewer and Water Main (including, without limitation, cost of materials, construction, installation, easements, rights -of -way and all legal and engineering fees and expenses), has been determined to be One Million Four Hundred Thirty -three Thousand Six Hundred Nine and 40/100 Dollars ($1,433,609.40) (Reference Exhibit "B ", page 3) and has been paid for by the Owner. 2. Benefited Area. In order to effect a fair and equitable allocation of the cost of the Sewer and Water Main among those who will be benefited by connection to the Sewer and Water Main, it is hereby determined that the Owner shall be entitled to recover the principal sum of One Hundred Sixteen Thousand Two Hundred Seventy and 70/100 Dollars ($116,270.70) with interest on the unpaid balance thereof at the rate of eight percent (8 %) compounded annually from the date of this Ordinance and Agreement from any party, from time to time, owning all or any part of the land area described by, but not limited to the property depicted and described in "Exhibit A ", Permanent Tax ID Number (see Exhibit "D ") (hereinafter, the "Benefited Area "), or any other land benefited by said systems. Said interest rate shall be applied no longer than ten (10) years from the date of Village Board approval. 3. Recapture Fees. Before any lot or parcel within the Benefited Area shall be connected directly or indirectly to the Sewer and Water Main (i.e. is tributary to the Sewer Main) the applicant for such connection shall pay to Village Clerk Two Thousand One 2 08024121 Hundred Two and 54/100 Dollars ($2,102.54) plus accrued interest as set forth in Paragraph 2 of this Ordinance and Agreement for each acre of land to be connected together. Fractional acres shall be charged a pro -rata share of the required sum of money. The monies obtained pursuant to this Paragraph 3 are hereinafter referred to as "Recapture Fee(s) ". 4. Collection. The Village shall collect Recapture Fees before water main and /or sewer main connection permits are issued. The Village may bring suit to enforce collection of same. Owner may bring suit on behalf of the Village to collect any Recapture Fees due and owing. In the event the Owner prosecutes a collection lawsuit, the Village shall cooperate by allowing Owner 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 owner its successor and or assigns or its designee all Recapture Fees upon receipt thereof until Owner has recovered the aggregate principal amount of One Hundred Sixteen Thousand Two Hundred Seventy and 70/100 Dollars ($116,270.70) together with interest charges thereon that has been recovered. Payment shall be made to the owner its successor, and or assigns or its designee within thirty (30) days of receipt under Paragraph 4 of this Agreement. All Recapture Fees thereafter received by the Village Clerk, along with all administrative fees, shall be deposited to the general fund of the Village for uses and purposes appropriate thereto. 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 and sewer connection, inspection, permit and tap -in fees, which fees and charges shall be in addition to the Sewer and Water Recapture Fees. 7. Ownership and Maintenance. By this agreement Owner conveys and transfers 3 08024121 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. Sewer and Water Main systems shall be the property of the Village. The Village, without cost to the Owner, shall maintain and repair the systems 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. 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 Unites States certified mail, postage prepaid, addressed to the intended recipient at the addresses set forth below, or to other address as each Party may subsequently designate by notice in accordance herewith: If to the Village: If to the Owner: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attention: Village Administrator South Holland Trust & Savings Bank Trust No. 10958 Dated 05 -05 -94 16178 South Park Avenue South Holland, Illinois 60473 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 execute 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. Owner, its successors and or assigns may assign its rights and 4 08024121 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. 13. Amendment. This Ordinance and Agreement 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 governed 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 ordinances or parts of ordinances in conflict with this Ordinance and Agreement are herby 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 Owner. 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 5 08024121 Agreement and the invalidity thereof shall not affect any other provision, clause, word or designation contained herein. 19. Recording. Owner shall present this Ordinance and Agreement to the Recorder of Deeds for Cook County within thirty (30) calendar days after its execution by the Village and Owner. 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 Ayes: Nays: Abstain: Absent: ATTEST: 4th day of June , 19 98. Village Clerk ATTEST: Approved: Notwft;_ orring any : er ns or orovisionla of f �'a --d Trust Q"v. .. �'. a7, u. t No i o95. -• ! ahUity of any .;as this instruront = `I Tr <tee covering trust property above referred to, 6 Asst. sexton Aiticadtrisideatx Secretary age Preside APPROVED AS TO FORM DATE /o /o /y The terms and covenants herein are agreed hereto: South Holland Bank as Trustee Trust No. 10958 date 05/05/94 B Imo • ow... *mom ••■■■■•••••■•••■•••.M...*•1111.1■■••••••■■•41,411. •••• .m01111.110 ao. ••■••■••••••■■■• •■•■■••■111, •••••••■•111111.11MENII10.1MI.O. 08024121 RECAPTURE BREAKDOWN FOR CHESTNUT CROSSING SEWER AND WATER MAIN CONSTRUCTION LEMONT, ILLINOIS EXHIBIT "B" South Holland Bank and Trust Company as Trustee Under Trust #10958 16178 South Park Avenue South Holland, Illinois 60473 I. PROJECT COST TO BE RECAPTURED A. Sanitary Sewer a. Lift Station b. Force Main c. Air Relief Valves $ 73,311.00 $ 66,375.75 $ 4,400.00 B. Water Main a. 12" Main 1160' ($24.00 - $17.00)* $ 8,120.00 b. 12" Valve 3 ($1,531.00 - $1,1180.00)* $ 1,053.00 *Calculations in parenthesis is the difference in price between a 12" water main and an 8' water main and a 12" valve and an 8" valve. SUB -TOTAL AMOUNT TO BE RECAPTURED $153,259.75 RECAPTURED ENGINEERING FEES RECAPTURED ADMINISTRATIVE FEES TOTAL AMOUNT TO BE RECAPTURED II. COST DISTRIBUTION $ 13,034.96 $ 10,974.24 $177,268.95 A. Basis of recapture is on gross acreage at the time of connection to the sewer and water mains. Gross acreage includes all rights of way and detention/retention areas in which will be dedicated for the public use. B. CALCULATION OF PERCENTAGE OF COST TO RECAPTURE Chestnut Crossing 29.00 Acres Benefit Area 55.30 Acres Total acres served by 84.30 Acres Chestnut Crossing Sewer and - - -- Water Mains 08024121 Preferred Real Estate Services, Inc. Exhibit "B" Continued Page 2 Benefit Area/Total Area Served = % of Total Project Cost to be Recaptured 55.3 Acres /84.3 Acres = 65.59% of Total Project Cost to be Recaptured C. CALCULATION OF RECAPTURE AMOUNT Total Amount Subject to Recapture x 65.59 % $177,268.95 x 65.59% = $116,270.70 D. CALCULATION OF RECAPTURE AMOUNT PER GROSS ACRE Amount Subjected to Recapture/Benefit Area = Recapture per Gross Acre $116,270.70 / 55.3 Acres = $2,102.54 Recapture per Gross Acre 08024121 CHESTNUT CROSSING LEMONT, ILLINOIS TAX ID NUMBER 22 -32- 203 -022 22 -32- 203 -015 22 -32- 203 -025 EXHIBIT "D" ACREAGE 10.3 RECAPTURE FEE $21,656.16 22 -32- 203 -005 2.5 $5,256.35 22 -32- 203 -006 2.5 $5,256.35 22 -32- 203 -007 2.5 $5,256.35 22 -32- 203 -011 2.5 $5,256.35 22 -32- 203 -012 2.5 $5,256.35 22 -32- 201 -017 2.5 $5,256.35 22 -32- 201 -012 2.5 $5,256.35 22 -32- 201 -013 2.5 $5,256.35 22 -32- 201 -014 5.0 $10,512.70 22 -33- 100 -001 10.0 $21,025.40 22 -33- 100 -005 5.0 $10,512.70 22 -33- 100 -006 5.0 $10,512.70 TOTAL 55.3 $116,270.46 6308879842 APR -27 -2009 14:46 FROM:ATY PIASKOWY WALTER A. aP!ASKO6i'Y 6308879842 TO:630 257 1598 P.001'002 t' ti tom% _So -`1g Attorney at Law 1 9 660 Midwest Rd., #'200 Oakbrook Terrace, IL 60181 630/792-9800 8X/792 -9842 Of Counsel; Adam Stilio, Jr. (630/261-0250) William Smith (70W923 -0007) April 27, 2009 February 18, 2009 Village of Lemont Attu: Village Administrator 418 Math, St. Lemont, IL 60439 Re: Chestnut Crossing Subdivision Recapture Agreement - Ordinance #0 -80 -98 Dear Village Administrator: 2nd Request FAX #630/257 -1.598 3 represent Mrs. Edna L. Rose the Assignee of the above referenced Recapture Agreement. A copy of the Notice of Assignment is enclosed. After initial review, and discussions with some of the parties involved, my understanding is that there have been. applicable "tap -oi s" to the Sewer and Water referred to in the Agreement. Further, it is my understanding that no recapture payments have paid to my client nor her Assignor. Please review this matter and advise. Should you have any questions do not hesitate to contact me. Walter Piaskowy WP /rnp enc: cc: client 1. brown, Community Development Director Atty. Antonopoulos 6301257 -5619 APR -27 -2009 14:46 FROM:ATY PIASKOWY • 2s274 Pikc 9234 t;lsrksvillc, MO 63336 Phone'. 973 -242 -3933 6308879842 TO:630 257 1598 P.002'002 Co , ine d anagement, Inc. Chesl nut Crossing Subdivision January 6, 1999 VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 Attention: Village Administrator Via: Personal Delivery To All Concerned: Please he advised that Combined Management, Int, has transferred all rights and obligations to the"R.ECAPtURE AGREEMENT," Ordinance No. 0- 80 -98; further identified as document 08024121 registered with, the Illinois Cook County Recorder on 1998 -11 -13 at 10:22:46 to: Edna L. Rose. Authorization to make this assignment is provided for in, iterL,12 of the Ordinance and Agreement and notice of said assignment is hereby gi,vctt this date by personal delivery. Please correct your records for Ordinance No. 0 -80 -98 to reflect that item 9 "Notice," has been changed as follows: If to the Owner: Respectfully, COMitINEUIVIANAGEMtNT, 11'iC. Chestnut Crossing Subdivision. Gregory IDr: Messer, V, P,, enclosures Edna. L. Rose % Gregory M. Messer 15139 Turnberry Trail Lemont, IL 60439