Loading...
O-729-92 04/27/9292349973 VILLAGE OF LEMONT ORDINANCE NO. ria9 AMENDING AND RESTATING ORDINANCE NO. 430 AND TIMBERLINE I RECAPTURE AGREEMENT FOR SEWER AND WATER (Recorded with Document No. 88565061) 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 F.I.D.C., Inc., an Illinois corporation (hereinaf ter, "FIDC "); the Village and FIDC are sometimes referred to herein individually as a "Party" and jointly as the "Parties ". DEPT-0 J. Fe:(.? :DING _ 3.sir 44044 TM .... �. ..__ ='h, $'. '',�'' `" ti? .. COOK COUNTY RFC:: -r:EIR RECITALS A. Ordinance No. 430 established and adopted a recapture agreement with Timberline Development, a Joint Venture, and the Bank of Hickory Hills as Trustee under Trust No. 1329 dated December 7, 1977, who were then the owners of a 72 -acre subdivision for single - family homes commonly known as Timberline I, for recapture of costs they incurred constructing a water system and sewer system to serve a larger area than the Timberline I subdivision. Said recapture agreement was titled "Timberline I Recapture Agreement for Sewer and Water" and was recorded with Document No. 88565061. B. FIDC subsequently became the owner and developer of the majority of the Timberline I subdivision. C. FIDC has succeeded to all rights, title and interests of Timberline Development and Bank of Hickory Hills as Trustee aforesaid under No. 430 and the Timberline I Recapture 22 -29- 308 -004 22 -30- 304 -001 to -018 22 -30- 402 -002; 003 22 -31- 100 -006, -007 22 -31 -101 -001 22 -31 -201 -001 22- 32- 109 -010 to -014 22 -32- 114 -001 to -026 22 -30- 300 -001 to -003 22 -30- 400 -003 to -005 22 -30- 403 -001 to -007 22 -31 -100 -009, -010 22 -31- 101 -004 to -006 22 -31 -201 -005 to -008 22 -32 -111 -001 to -005 22 -32- 115 -001 to -004 /30X (43 6-Up Ordinance Agreement for Sewer and Water. 22 -30- 302 -002, -003 22 -30- 400 -007 22 -30- 403 -009, 010 22 -31- 100 -017, -018 22 -31- 200 -004 22 -31- 202 -001, -004 22 -32 -112 -001 to -012 22 -30- 303 -003 to -016 22 -30- 401 -001 22 -31 -100 -004 22 -31- 100 -020 to -022 22 -31- 200 -007 to -009 22 -32- 103 -015 to -027 22 -32- 113 -001 to -013 E 9 D. FIDC is the owner of record of an approximately 75 -acre tract of property within the Village located north of 127th Street approximately a half mile west of State Street, which property is commonly known as the Timberline II and III subdivisions. E. 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 than the Timberline I, II and III subdivisions, 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. F. 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 extensions. A map depicting the location of the sanitary sewer system improvements which are the subject of this Ordinance and Agreement (hereinaf ter, the "Sewer Main ") and the area benefitted thereby, consisting of approximately 670 acres, is attached hereto as Exhibit A and incorporated herein by this reference. G. This Ordinance and Agreement takes into account areas which have been served and recapture payments which have been made pursuant to the recapture agreement established by Ordinance No. 430. This Ordinance and Agreement also takes into account new areas which may be served by extensions and improvements to the Village's sanitary sewer system by FIDC's development of GLD0446 12/03/91 1500 2 i) the Timberline II and III subdivisions. H. The Village and FIDC have determined that Ordinance No. 430 and the Timberline I Recapture Agreement for Sewer and Water should be amended to revise and establish recapture areas and amounts. NOW, THEREFORE, in accordance with Section 9 -5 -1 et seq. of the Illinois Municipal Code, and in consideration of the foregoing recitals and of the covenants and conditions hereinaf ter contained, the adequacy of which the Parties hereby acknowledge, it is hereby ordained by the Village and agreed by the Parties that Ordinance No. 430 and the Timberline I Recapture Agreement For Sewer And Water be wholly amended and restated to read as follows: 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 entire cost of construction of the Sewer Main (including, without limitation, costs of materials, construction, installation, easements, rights -of -way and all legal and engineering fees and expenses), has been determined to be $334,807.00. 3. Benefited Area. In order to effect a fair and equitable allocation of the cost of the Sewer Main among those who will be benefitted by connection to the Sewer Main, it is hereby determined that FIDC shall be entitled to recover the principal sum of $334,807.00 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 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 in Exhibit A hereto (hereinafter, the "Benefited Area "). Exhibit B is incorporated herein by this GLD0446 12/03/91 1500 3 cfD ♦ N reference. 4. Recapture Fees. Before any lot or parcel within the Benefited Area shall be connected directly or indirectly to the Sewer Main (i.e. is tributary to the Sewer Main) the applicant for such connection shall pay to Village Clerk $499.71 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). No recapture fees for water service or water main connections shall be due, payable or collected pursuant to this Ordinance and Agreement. 5. Payment to Owner. The Village Clerk shall pay FIDC or its designee all Recapture Fees upon receipt thereof until FIDC has recovered the aggregate principal amount of $334,807.00 together with interest charges thereon; 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. Collection. The Village shall make all reasonable efforts to collect Recapture Fees at the time water and sewer connections are requested. The Village may bring suit to enforce collection of same. FIDC may bring suit on behalf of the Village to collect any Recapture Fees due and owing. In the event FIDC prosecutes a collection lawsuit, the Village shall cooperate by allowing FIDC full and free access to its books and records concerning the annexation and development of GLD0446 12/03/91 1500 4 9 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, the same shall become the property of the Village. The Village, without cost to FIDC, shall maintain and repair the Sewer Main in accordance with Village maintenance policies and ordinances in effect from time to time. 9. 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 paying Recapture Fees after the date of the enactment hereof. This Ordinance and Agreement supersedes the recapture agreement established and ' adopted by Ordinance No. 430 and all prior agreements, negotiations and exhibits �w and is the full integration of the entire agreement of the Parties. 10. Conflicting Ordinances. All ordinances or parts of ordinances, including Ordinance No. 430 and the Timberline I Recapture Agreement for Sewer and Water, in conflict with this Ordinance and Agreement are hereby repealed. 11. Term. This Ordinance and Agreement shall be binding on the Parties for a term of fifty (50) years from the date hereof, provided, however, that interest on the unpaid balances of the Recapture Fees shall cease to accumulate of ter the GLD0446 12/03/91 1500 5 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 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 Administrator with a copy to: If to FIDC: with a copy to: John Antonopoulos Village Attorney 221 E. 127th Street Lemont, Illinois 60439 FIDC, Inc. 16406 Lathrop Harvey, Illinois 60426 Attention: F. Morgan Gasior and Jeanette Funchion N Gregory L. Dose Rudnick & Wolfe 4� 203 N. LaSalle St. #1800 .i Chicago, Illinois 60601 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. 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. GLD0446 12/03/91 1500 6 14. 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. 15. Assignment. FIDC may assign its 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. 16. 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. 17. Governing Law. This Ordinance and Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 18. 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) whic} covenants and requirements of this Ordinance and Agreement have been performedp a (3) that no Party is in default of its obligations under this Ordinance anci,*S Agreement, or, if a Party is in default, the nature and extent of such default ,W (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 FIDC. 19. Severability. If any provision, clause, word or designation of this Ordinance and Agreement is held to be invalid by any court of competent GLD0446 12/03/91 1500 7 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. 20. Recording. FIDC 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 FIDC. 21. 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 47 day of Ayes: q Nays: ,Z Abstain: Absent: ATTEST: J Village Clerk test: Senior Vice President G. 0446 07/18/91 1143 Approve �' illag President �.J The terms and covenants herein G.) are agreed hereto: F.I.D.C., INC., an Illinois corporation STATE OF ILLINOIS COUNTY OF COOK ) ) SS ) AFFIDAVIT I, � LL, AA) /21R,) /wS /(l , a notary public in and for the said County, in the State aforesaid, do hereby certify that Joseph S. Forzley, President of the Village of Lemont and Charlene M. Smollen, Clerk thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Clerk respectively appeared before me this day and personally acknowledged they signed and delivered the said instrument of their own free will and voluntary act, and as the free and voluntary act of the Village of Lemont for the uses and purposes therein set forth. Given under my hand and notarial seal this L2 Pi day of Notary Public My Commission Expires AFFIDAVIT OFFICIAL SEAL " ^: LIE ANN MANKOWSKI tY PUBLIC, STATE OF ILLINOIS k1MISSION EXPIRES 5/15/95 , 1992. STATE OF ILLINOIS ) ) SS COUNTY OF COOK) ) I, Mt. Al / ?A "f` Eee S , a notary public in and for the said County, in the State aforesaid, do hereby certify that F. Morgan Gasior, President, and Jeanette Funchion, Senior Vice President, of F.I.D.C., Inc., an Illinois corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Senior Vice President appeared before me this day and personally acknowledged that they signed and delivered the said instrument of their own free and voluntary act, and as the free and voluntary act of F.I.D.C., Inc. for the uses and purposes therein set forth. Given under my hand and notarial seal this („2t day of , 1992. Notary Public My Commission Expir GLD0446 12/03/91 1500 9 "OFFICIAL SEAL' PAULNITA T. REFS t;OTARY PUBLIC, STATE OF ILLI•OIS My Commission Expires 01124 EXHIBITS A. Sewer Main /Benefited Area Map B. Benefited Area Legal Description GLD0446 12/03/91 1500 10 1 -V V .I2IHX3 EXHIBIT B LEGAL DESCRIPTION TIMBERLINE II AND III RECAPTURE AREA 8/8/91 89 -29 The South Half of Section 30, Township 37 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois, (except that part of the Northeast Quarter of the Southeast Quarter recorded as Timberline I, a subdivision of part of Lot 7 in Peter Fischbach's Addition to Lemont, and part of Lots 27 and 28 in Cook County Clerk's Division both in Section 30, together with part of Lot 1 and all of Lots 2 and 3 in County Clerk's Division of Section 30, recorded April 5, 1979 as Document Number 24908074 and rerecorded October 12, 1979 as Document Number 25190350.) and also The North Half or Section 31, Township 37 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois, and also The South 934 feet of the West 489 feet of the Southwest Quarter of Section 29, Township 37 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois, and also The west Half of Lot 19 in County Clerk's Division in Section 32 (also known as the West half of the North 55 Acres of the West Half of the Northwest Quarter in Section 32) also Lot 21 in County Clerk's Division in Section 32 (also known as the West Half of the South 25 Acres of the West Half of the Northwest Quarter in Section 32, in Township 37 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois (except the North 750 feet of the East 300 feet thereof). Excluding from all of the foregoing: that area designated and appropriated for highway project F.A.P. 431 (extension of Interstate Highway No. I -355).