O-32-15 Ordinance Amending Authorizing a Recapture Agreement for Sewer and Water Amendment VILLAGE OF LEMONT
ORDINANCE NO.0-,.3 — _
An Ordinance Amending Authorizing a
Recapture Agreement for Sewer and Water
Amendment
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 28th DAY OF SEPTEMBER,2015
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook,Will and
DuPage,Illinois,this 28th day of September,2015.
ORDINANCE NO.0
An Ordinance Amending Authorizing a
Recapture Agreement for Sewer and Water
Amendment
WHEREAS, the Village of Lemont ("Village") is an Illinois Municipal Corporation
pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; and
WHEREAS, Ordinance No. 990, dated June 10, 1996 (hereinafter referred to as
"RECAPTURE AGREEMENT"; a copy of which is attached as Exhibit A) authorizes and
contains a recapture agreement, duly executed by and between the PARTIES and recorded with
the Cook County Recorder of Deeds on October 2, 1997 as document number 97730724; and
WHEREAS, the PARTNERSHIP are the owners of the beneficial interest in the real
property described in the RECAPTURE AGREEMENT; and
WHEREAS, the PARTIES are desirous of amending the RECAPTURE
AGREEMENT; and
WHEREAS, pursuant to Section 15 of the RECAPTURE AGREEMENT, an
amendment to the RECAPTURE AGREEMENT may be made in writing upon the mutual
consent of the PARTIES or their successors and upon the passage of an ordinance adopting the
same; and
WHEREAS , the President and Board of Trustees desire to enter into a Recapture
Agreement for Sewer and Water Amendment substantially in the form attached hereto as Exhibit
A;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL
COUNTIES, ILLINOIS, pursuant to its statutory powers under Section 65 ILCS 5/9-5-1 of
the Illinois Municipal Code, as follows:
Section 1. The foregoing findings and recitals are herby adopted as Section 1 of this
Ordinance and are incorporated by reference as if set forth verbatim herein.
Section 2. The Village President and Village Clerk are hereby authorized and
directed to execute the Recapture Agreement for Sewer and Water Amendment attached hereto
P g
as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as required by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT,COUNTIES OF COOK,WILL, AND DUPAGE,
ILLINOIS,on this 28th day of September, 2015.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer V
Paul Chialdikas
Clifford Miklos �-
Ron Stapleton V
Rick Sniegowski �/
Jeanette Virgilio
B . REAVES
President
ATTEST:
7/7),h22W-6(4—/
CHARLENE M. SMOLLEN
Village Clerk
RECAPTURE AGREEMENT FOR SEWER
AND WATER AMENDMENT
(JURINEK/AERO HEIGHTS)
THIS AMENDMENT TO THE RECAPTT�AGREEMENT FOR SEWER AND
WATER, is made and entered into this 2. day of 161g, between the Village of Lemont,
a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois
(hereinafter referred to as "the VILLAGE"), and Jurinek & Riskus, an Illinois Corporation
(hereinafter "J & R"); and Aero Heights Partnership, (hereinafter "AERO") (hereinafter
collectively referred to as "PARTNERSHIP"). The VILLAGE and the PARTNERSHIP are
hereinafter sometimes referred to individually as a "PARTY" and collectively as the
"PARTIES"; and,
WHEREAS, Ordinance No. 990, dated June 10, 1996 (hereinafter referred to as
"RECAPTURE AGREEMENT"; a copy of which is attached as Exhibit A) authorizes and
contains a recapture agreement, duly executed by and between the PARTIES and recorded with
the Cook County Recorder of Deeds on October 2, 1997 as document number 97730724; and
WHEREAS, the PARTNERSHIP are the owners of the beneficial interest in the real
property described in the RECAPTURE AGREEMENT; and
WHEREAS, the PARTIES are desirous of amending the RECAPTURE
AGREEMENT;and
WHEREAS, pursuant to Section 15 of the RECAPTURE AGREEMENT, an
amendment to the RECAPTURE AGREEMENT may be made in writing upon the mutual
consent of the PARTIES or their successors and upon the passage of an ordinance adopting the
same; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained,the PARTIES agree as follows:
SECTION 1: Incorporation of Recitals. The foregoing findings and recitals are
hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth
verbatim herein.
SECTION 2: Amendments. The RECAPTURE AGREEMENT is hereby amended as
follows:
A. Section 3 of the RECAPTURE AGREEMENT titled Benefited Area shall be
replaced in its entirety with the following text:
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 the connection to the Sewer Main and Water Main, it is
hereby determined that the PARTNERSHIP shall be entitled to recover the
Costs from the person or persons from time to time owning all or any part of
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the land area legally described in Exhibit B hereto(hereinafter the"Benefited
Area").
B. Section 4 of the RECAPTURE AGREEMENT titled Recapture Fees shall be
replaced in its entirety with the following text:
4. Recapture Fees. Before any lot or parcel within the Benefited Area shall be
connected to the either the Sewer Main or Water main, or both, that were
constructed as part of the RECAPTURE AGREEMENT, the applicant for
such connection shall pay to the Village Clerk an amount equal to $4,000.00
per acre of the Benefited Area that is to be developed. Fractional acres shall
be charged a prorated share of the required sum of money. The monies
obtained pursuant to this Section 4 are hereinafter referred to as "Recapture
Fees".
4.1 Administrative Fees. In addition to the Recapture Fees collected by the
VILLAGE,the Village shall collect from each applicant an administrative fee
for the VILLAGE in the amount of two percent (2%) of each Recapture Fee
collected.
C. Section 5 of the RECAPTURE AGREEMENT titled Payment to Owner shall
be replaced in its entirety with the following text:
5. Payment to Owner. The Village clerk shall pay all Recapture Fees
within thirty (30) days upon receipt thereof to the PARTNERSHIP in equal,
one-half portions to Jurinek & Riskus and to Goldstine. Skrodzki, Russian,
Nemec and Hoff, Ltd. Trust Account ("PAYEES"). The PAYEES may
change from time to time upon the written notice provide to the VILLAGE
and the approval of all PARTIES or their successors in writing designating
acceptance of such change.
D. Section 6 of the RECAPTURE AGREEMENT titled Collection shall be replaced
in its entirety with the following text:
6. Collection. The VILLAGE shall collect Recapture Fees prior to the
issuance of a building permit by the VILLAGE. If a building permit is likely
to never be applied for, then the VILLAGE shall collect the Recapture Fees
prior to the physical connection to the Sewer Main or Water Main by the
applicant. The VILLAGE may bring suit to enforce collection of the
Recapture Fees. The PARTNERSHIP may bring suit on behalf of the
VILLAGE to collect any Recapture Fees due and owing, at its sole cost. In
the event PARTNERSHIP prosecutes a collection lawsuit, the VILLAGE
shall cooperate by providing full and free access to its books and records
concerning the collection of the Recapture Fees. The VILLAGE, its officials,
employees,or agents,shall not be liable for any damages, including monetary
damages,for failure to collect Recapture Fees.
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E. Section 7 of the RECAPTURE AGREEMENT titled Other Fees shall be
amended by deleting the word"Water"from the term"Water Recapture Fees".
F. Section 11 of the RECAPTURE AGREEMENT titled Term shall be replaced in
its entirety with the following text:
11.Term. This Ordinance and Agreement shall be binding on the PARTIES
and Benefited Area for a term of thirty(30)years from the date of the passage
of the RECAPTURE AGREEMENT. The RECAPTURE AGREEMENT and
this Amendment shall terminate on June 10, 2026. The VILLAGE's
ownership and maintenance of the improvements shall be perpetual.
G. Section 12 of the RECAPTURE AGREEMENT titled Notice shall be replaced in
its entirety with the following text:
12.Notice. Any notice or other communication which may be desired or required
pursuant to the RECAPTURE AGREEMENT or this Amendment shall be
made in writing and shall be deemed given if:
a) personally delivered; or
b) provided via overnight courier service; or
c) provided by electronic mail;
and addressed to the intended recipient at the addresses set forth below:
If to the VILLAGE Village of Lemont
do Community Development Director
418 Main Street
Lemont, Illinois 60439
Cjones@lemont.il.us
with a copy to: Tressler LLP
do Jeffrey Stein
Village Attorney
233 S. Wacker Drive Fl 22
Chicago, IL 60606
Jstein a.tresslerllp.com
If to the PARTNERSHIP Robert D. Goldstine
Goldstine, Skrodzki, Russian, Nemac,
and Hoff,Ltd.
The Prairie Building
835 McClintock Drive,2nd Floor
Burr Ridge, IL 60527
rda@esrnh.com
esrnh.com
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Notices shall be deemed receive upon receipt or refusal if personally delivered or
provided via overnight courier service. Notice for electronic mail shall be deemed
received the following business day the electronic mail is sent.
H. Section 17 of the RECAPTURE AGREEMENT titled Estoppel Certificate shall
be amended by deleting the following text:
"interest charges"
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed on
the day and year first above written.
VILLAGE OF EMONT PARTNERSHIP
an Illy.is M icipal Corp. ation
A John Jurnek
/:rian K.Reaves,1!President Pres'•ent Jurinek&Rick -.
Attest: c
Robert Golds 1t•, as Trustee of the
z.e =j// Androv F. Maletich Sr. Trust
Village Clerk
A� Dineff
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NOTARY CERTIFICATES
STATE OF ILLINOIS )
)ss
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO
HEREBY CERTIFY that BRIAN K. REAVES, personally known to me to be the President of
the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the
Village clerk of said municipal corporation, and personally known to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared before me this day in person
and severally acknowledged that as such President and Village Clerk, they signed and delivered
the said instrument and caused the corporate seal of said municipal corporation to be affixed
thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as
their free and voluntary act, and as the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and official seal,this Al day ofifidessir 2015_
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STATE OF ILLINOIS )
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COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that the above-named John Jurinek, personally known to me to be the
same person whose name is subscribed to the foregoing instrument appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his/her own
free and voluntary act for the uses and purposes ptherein set forth.
GIVEN under my hand and official seal,this I 0 day of S('rT ;2015.
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STATE OF ILLINOIS )
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COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that the above-named Robert Goldstine,personally known to me to be the
same person whose name is subscribed to the foregoing instrument appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his/her own
free and voluntary act for the uses and purposes therein set forth.
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GIVEN under my hand and official seal,this s I day of S t'f) • ,2015.
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STATE OF ILLINOIS )
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COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that the above-named Alan Dineff, personally known to me to be the same
person whose name is subscribed to the foregoing instrument appeared before me this day in
person and acknowledged that he/she signed and delivered the said instrument as his/her own
free and voluntary act for the uses and purposes therein set forth.
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GIVEN under my hand and official seal,this day of _�t,2015_
Notary Public
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