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O-990-96 06/10/96030124 • DEPT -01 RECORDING $107.5: . T45555 TRAM 7499 10/02/97 09:48:00 t4012 r %F * --97 -- r 3O 72i COOK COUNTY RECORDER VILLAGE OF LEMONT ORDINANCE NO. 521/%0 AN ORDINANCE AUTHORIZING THE EXECUTION OF A (D. RECAPTURE AGREEMENT FOR SEWER AND WATER AMONG JURINEK & RISKUS, INC., AERO HEIGHTS PARTNERSHIP, 'i AND THE VILLAGE OF LEMONT W O ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This ///d day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Countie Illinois, this 76 day of , 1996. , 1996. ORDINANCE NO. 7e3 AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT FOR SEWER AND WATER AMONG JURINEK & RISKUS, INC., AERO HEIGHTS PARTNERSHIP, AND THE VILLAGE OF LEMONT WHEREAS, the legal owners of record of the territory which is the subject of a Recapture Agreement for Sewer and Water are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Recapture Agreement for Sewer and QD Water has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois N Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "R PTURE AGREEMENT FOR SEWER AND WATER" dated the /() day of , 1996, (a copy of which is attached hereto and made a pa hereof). SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as- provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUN ES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this 76 day of , 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert AYES NAYS PASSED ABSENT V v U CHARLENE SMOLLEN, Approved by me this /D da • �,1996. 41 p CHAR' . K A.IVESKI, Village President Village Attest: Clerk RLENE SMOLL N, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 VILLAGE OF LEMONT ORDINANCE NO. 90 RECAPTURE AGREEMENT FOR SEWER AND WATER This Ordinance and Recapture Agreement for Sewer and Water Main construction costs (hereinafter, the "Ordinance and Agreement ") is made by and between the Village of Lemont, Cook, DuPage and Will Counties, State of Illinois, an Illinois municipal corporation (hereinafter, the "Village "), and JURINEK & RISKUS, CD INC., an Illinois corporation (hereinafter, "J & R "), and AERO .1 HEIGHTS PARTNERSHIP, (hereinafter, "AERO "), J & R and Aero, O (jointly hereinafter, "Partnership ") are sometimes referred to herein individually as a "Party" and jointly as the "Parties ". W I T N E S S E T H: WHEREAS, J & R is the beneficial owner of one hundred percent (100 %) of the beneficial interest in Standard Bank and Trust Company Land Trust No. 9567, the land trust which is the record owner of approximately seventy -six (76) acres of real property which is located in unincorporated Lemont Township, Cook County, Illinois; WHEREAS, J & R is requesting annexation of the J & R Property to the Village, and the Village has approved the development of its Property with residential and commercial uses; WHEREAS, AERO is the beneficial owner of one hundred percent (100 %) of the beneficial interest in Bank of Chicago /Garfield Ridge Land Trust No. 92 -2 -5, dated February 22, 1992, the land trust which is the record owner of approximately seventy -eight (78) acres of real property which is located in unincorporated Lemont Township, Cook County, Illinois; WHEREAS, AERO is requesting annexation of the AERO PROPERTY to the Village and proposes to develop its property with residential and commercial uses; WHEREAS, the Village is requiring J & R and AERO to construct water mains and sanitary sewers longer and larger than necessary for their respective developments to be built to service their respective properties as a condition of the acceptance of their respective preliminary and final plats, final planned unit development plans and /or building permits for their respective property; WHEREAS, the water and sewer mains will benefit an area well beyond the Property owned by AERO and J & R; WHEREAS, the area which will be benefited is contained on a map attached hereto as Exhibit A; WHEREAS, the benefitted area which is depicted on Exhibit A is comprised of 450 acres located in Cook County and 106 acres located in Will County; and WHEREAS, this Agreement and Ordinance are considered and made pursuant to 65 ILCS 5/9 -5 -1. NOW, THEREFORE, in accordance with 65 ILCS 5/9 -5 -1 of the Illinois Compiled Statutes, and in consideration of the foregoing recitals and of the covenants and conditions hereinafter contained, the adequacy of which the Parties hereby acknowledge, it is hereby ordained by the Village and agreed by the Parties that the Recapture Agreement for Sewer And Water for Aero Heights and Rolling Meadows shall be as follows: 2 1. Recitals. The foregoing recitals are material to this Ordinance and Agreement and are incorporated herein as though fully set forth in this Paragraph 1. 2. Costs. The cost of construction of the Sewer and Water Main (including, without limitation, costs of materials, construction, installation, easements, rights -of -way and all legal and engineering fees and expenses), for purposes of this Agreement has been estimated to be $300,000.00 plus annexation and easement acquisition costs and expenses (hereinafter "expenses ") with the total sum to be based upon actual costs of construction, including any sum over $1,200,000 per the Annexation Agreement, and "expenses" and Village incurred expenses (hereinafter collectively "Costs "). 3. Benefited Area. In order to effect a fair and equitable allocation of the construction costs for the Sewer Main and Water Main among those who will be benefitted by connection to the Sewer Main, it is hereby determined that Partnership shall be entitled to recover the Costs with interest on the unpaid balance thereof at the interest rate of prime plus two percent (2 %) compounded annually from the date of this Ordinance and Agreement from the person or persons from time to time owning all or any part of the land area legally described in Exhibit B hereto and depicted as the Cook County property on Exhibit A hereto (hereinafter, the "Benefited Area "). Exhibit B is incorporated herein by this reference. The recapture charge for the 106 acres of Will County property will be a one time recapture charge of $500,000 due 3 Partnership with the first water or sewer connection charge for the VILLAGE system. The one time charge is based upon the fact that required design of the water and sewer lines is intended to serve the 106 acres should it develop, the Partnership expended money on legal, engineering and construction costs to insure the 106 acres can be served, and it is speculative at this time whether the property will ever develop or be approved to connect to VILLAGE water or sewer service. 4. Recapture Fees. Before any lot or parcel within the Cook County Benefited Area shall be connected directly or indirectly to the Sewer Main and /or Water Main the applicant for . such connection shall pay to Village Clerk an amount calculated by dividing costs by acres for each acre of land within the Benefited Area to be connected together with an interest charge thereon calculated in the manner prescribed in Paragraph 3 of this Ordinance and Agreement. Fractional acres shall be charged a pro - rata share of the required sum of money. The monies obtained pursuant to this Paragraph 4 are hereinafter referred to as "Recapture Fee(s) ". In addition to collecting Recapture Fees, the Village Clerk shall collect from each applicant an administrative fee for the Village in the amount of two percent (2 %) of each Recapture Fee (including interest thereon). 5. Payment to Owner. The Village Clerk shall pay all Recapture Fees upon receipt thereof until Partnership has recovered the aggregate of its Costs, together with interest thereon; the one time recapture charge for the 106 acres of Will County property, if applicable, will be paid at the time provided; all Recapture Fees 4 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. Collection. The Village shall collect Recapture Fees at the time water and sewer connections are requested. Further, Village shall not issue any permits within the Benefited Area until the required Recapture Fees have been paid. The Village may bring suit to enforce collection of same. Partnership may bring suit on behalf of the Village to collect any Recapture Fees due and owing. In the event Partnership prosecutes a collection lawsuit, the Village shall cooperate by allowing Partnership full and free 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. 7. 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 Water Recapture Fees. 8. Ownership and Maintenance. Upon acceptance of the Sewer Main and Water Main the same shall become the property of the Village. The Village, without cost to Partnership, shall maintain and repair the Sewer Main in accordance with Village maintenance policies and ordinances in effect from time to time. 5 9. Co tract. 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 paying Recapture Fees after the date of the enactment hereof. 10. Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this Ordinance and Agreement are hereby repealed. 11. Term. This Ordinance and Agreement shall be binding on the Parties and described property for a term of twenty -five (25) years from the date hereof, provided, however, that interest t on the unpaid balances of the Recapture Fees shall cease to W accumulate after the tenth anniversary date of this Ordinance and Agreement. The Village's ownership and maintenance of the improvements shall be perpetual. 12. Notice. Any notice or other communication which may be desired or required pursuant to this Ordinance and Agreement shall be in writing and shall be deemed given if personally delivered or via overnight courier service or deposited in United States certified mail, postage prepaid, addressed to the intended recipient at the addresses set forth below, or to such other address as each Party may subsequently designate by notice in accordance herewith: If to the Village: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attention: Village Clerk with a copy to: John Antonopoulos Village Attorney 15419 - 127th Street, Suite 100 Lemont, Illinois 60439 6 If to Rolling Meadows: If to Aero Heights: Jurinek & Riskus, Inc. c/o Alexander Domanskis, Esq. Shaw, Gussis, Fox & Domanskis 111 W. Washington Street, Suite 707 Chicago, Illinois 60602 Aero Heights c/o Robert D. Goldstine, Esq. Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. 7660 W. 62nd Place Summit, Illinois 60501 Alan D. Dineff 7646 West 63rd Street Summit, Illinois 60501 Notices shall be deemed received on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal if personally delivered or via overnight courier service. 13. 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 this Ordinance and Agreement. 14. Captions. Rolling Meadows and /or Aero Heights, jointly or individually, may assign their rights and obligations under this Ordinance and Agreement so long as notice of such assignment is given to the Village within thirty (30) days of such assignment. 15. 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 their successors in interest. 16. Governing Law. This Ordinance and Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 7 17. Estoppel Certificates. A Party, or its successors, may request and obtain from the other Party, or its successors, a letter of 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, 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 Rolling Meadows and Aero Heights. 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, word or designation contained herein. 19. Recording. Partnership 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 Rolling Meadows and Aero Heights. 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 / CIh- day of 2x- , 199 C. Ayes: ( v v Nays: Abstain: Absent: 8 ATTEST: Village Clerk Approv 9 Village President The terms and covenants herein are agreed hereto: JURINEK & RISKUS, an Illinois corpora e a � � resident ATTEST: r Z,L44, (2/1:4L—j_ IGHTS PARTNERSHIP By: DREW F. E ICH, SR., One of its Partners By: l A17, ALAN D. DINEFF, One of its Para ners EXHIBIT A JULY 11, 1997 ENGINEERING, INC. CONSULTING CIVIL ENGINEERS • LAND SURVEYORS 308 CANAL STREET • LEMONT, IL 60439 ;L;f .Q • LEGAL DESCRIPTIONS OF LANDS RECEIVING EITHER DIRECT OR INDIRECT BENEFIT FROM THE EXTENSION OF THE PROPOSED 18 INCH DIAMETER SANITARY SEWER FROM TIMBER LINE DRIVE WESTERLY AND SOUTHERLY TO AND ACROSS 127TH STREET, LEMONT, ILLINOIS LANDS LYING WITHIN THE LIMITS OF WILL COUNTY, ILLINOIS [THESE LANDS HAVE INDIRECT BENEFIT ONLY] THAT PART OF THE WEST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF LEMONT ROAD CNEW AVENUE], ALL IN WILL COUNTY, ILLINOIS. ALL OF THAT PART OF THE EAST ONE HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 10 EAST, OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF LEMONT ROAD [NEW AVENUE], IN WILL COUNTY, ILLINOIS. LANDS LYING WITHIN COOK COUNTY LOTS 1 THOUGH 6, LOTS 8 AND 9, AND OUTLOT A, ALL IN OWNER'S SUBDIVISION OF THAT PART OF LOT 8 OF COUNTY CLERK'S DIVISION OF SECTION 19; AND LOTS 18, 19, 20 AND 22 LYING SOUTH OF THE NORTH 60 FEET OF SAID LOTS KNOWN AND DESCRIBED AS NEW AVENUE; AND THAT PART OF LOTS 17 AND 23 NORTH OF THE HIGHWAY OF COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MAY 23, 1927 AS DOCUMENT NUMBER 9660747, ALL IN COOK COUNTY, ILLINOIS. LOTS 17 AND 23 OF COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN AND RECORDED JUNE 8, 1880 IN BOOK 15, PAGE 59 AS DOCUMENT NO. 272199. C THESE LOTS EXPERIENCE INDIRECT BENEFIT ONLY] ALL OF OWNER'S SUBDIVISION OF LOT 25, EXCEPT THE NORTH 60 FEET THEREOF, OF COUNTY CLERK'S DIVISION OF THE EAST ONE HALF OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JUNE 21, 1927 AS DOCUMENT NUMBER 9692085 IN COOK COUNTY, ILLINOIS. [NOTE THAT LOTS 1 THROUGH 5 EXPERIENCE INDIRECT BENEFIT ONLY] PHONE 630- 257 -7770 • FAX 630- 257 -8897 PAGE TWO ALL OF LOTS 24 AND 29, AND THAT PART OF LOT 30, LYING EASTERLY OF THE LAND TAKEN BY THE NORTHERN ILLINOIS TOLL HIGHWAY AUTHORITY, OF COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RECORDED JUNE 8, 1880 IN BOOK 15, PAGE 59 AS DOCUMENT NUMBER 275199, ALL IN COOK COUNTY, ILLINOIS. LOTS 39, 40, 44 AND 45 [EXCEPT FOR THOSE PARTS OF SAID LOTS 39, 40 AND 44 TAKEN FOR HIGHWAY PURPOSES BY THE NORTHERN ILLINOIS TOLL HIGHWAY AUTHORITY, OF COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RECORDED JUNE 8, 1880 IN BOOK 15, PAGE 59, AS DOCUMENT NUMBER 275199, ALL IN COOK COUNTY, ILLINOIS. THE NORTH ONE HALF OF LOT 16 OF COUNTY CLERK'S DIVISION OF THE SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED JUNE 8, 1880 IN BOOK 15, PAGE 59, AS DOCUMENT NUMBER 275199, ALL IN COOK COUNTY, ILLINOIS. [INDIRECT BENEFIT ONLY] ALL OF ARGONNE RESEARCH AND INDUSTRIAL PARK PLANNED UNIT DEVELOPMENT [EXCEPT FOR THAT PART THEREOF TAKEN SPECIFICALLY TO BE UTILIZED FOR ROADWAY PURPOSES BY THE NORTHERN ILLINOIS TOLL HIGHWAY AUTHORITY]; A RESUBDIVISION OF PARTS OF LOTS 31 THROUGH 35 IN COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED OCTOBER 17, 1990 AS DOCUMENT NUMBER 90509166, ALL IN COOK COUNTY, ILLINOIS ALL OF THE WEST ONE HALF OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. ALL OF THE EAST ONE HALF OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN [EXCEPT FOR THAT PART TAKEN BY THE NORTHERN ILLINOIS TOLL HIGHWAY AUTHORITY FOR HIGHWAY PURPOSES], IN COOK COUNTY, ILLINOIS. ALL OF LOT 18 IN COUNTY CLERK'S DIVISION OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269448, ALL IN COOK COUNTY, ILLINOIS. PAGE THREE ALL OF JACOBSON ESTATES SUBDIVISION, A SUBDIVISION OF PART OF LOT 17 IN COUNTY CLERK'S DIVISION OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RECORDED JANUARY 4, 1979 AS DOCUMENT NUMBER 24789663 AND AGAIN RECORDED ON MARCH 25, 1980 AS DOCUMENT NUMBER 254101721, ALL IN COOK COUNTY, ILLINOIS. ALL OF LOT 17, EXCEPT FOR THAT PART SUBDIVIDED AS JACOBSON ESTATES SUBDIVISION, IN COUNTY CLERK'S DIVISION OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RECORDED ON APRIL 30, 1880 AS DOCUMENT NUMBER 269448, IN COOK COUNTY, ILLINOIS. EDDY NO. 94- 0404 \07109701.PW WILL COUNTY 2- 25- 401 -006 thru 010 2-25-302-004 ia.Iolurt!• f11IC wrwn• MTOCUa;VRrx M.rry COOK COUNTY 22.30 -100 -001 22 -30- 401 -001 002 003 009 013 22 -31 -200 -004 014 007 008 22- 30- 101 -021 009 022 025 22 -31- 201 -001 026 004 thru 008 028 thru 033 22 -31 -100 -004 22- 30- 101 -003 006 008 thru 013 007 019 009 020 010 034 017 036 018 037 020 22 -30 -201 -005 thru 011 22 -31 -101- 001 015 thru 023 004 005 22- 30- 203 -001 006 002 22 -30- 300 -001 002 003 22 -30- 302 -002 003 004 22 -30- 303 -003 thm 016 22 -30- 304 -001 thru 018 co