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HomeMy WebLinkAboutOrd 3866 11/04/1987ORDINANCE NO. 3866 AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT BETWEEN GREGORY MILLER AND CHRISTOPER CAPPUCCILLI AND THE VILLLAGE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 4th DAY OF November , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of November , 1987. RDINANCE NO. 3866 AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT BETWEEN GREGORY MILLER AND CHRISTOPHER CAPPUCCILLI AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, Gregory Miller and Christopher Cappuccilli are the owners of property commonly known as the Kathcon Subdivision and as such were required to install sanitary sewer service as part of the development of the subject property; and WHEREAS, the installation of the sanitary sewer will benefit other future developments within the general vicinity of the Kathcon Subdivision and inasmuch as Gregory Miller and Christopher Cappuccilli have paid for this improvement and in accordance with Section 22.702.C of the Village Code of Mount Prospect it has been determined that it would be in the best interests of the Village to enter into a Recapture Agreement in order for Greogry Miller and Christopher Cappuccilli to recapture a portion of the cost of this improvement from any future developers. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the best interests of the Village would be served by entering into a Recapture Agreement with Gregory Miller and Christopher Cappuccilli for property being'the subject of this Ordinance, said Recapture Agreement is attached to hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That a certified copy of this Ordinance and Recapture Agreement shall be recorded in the Office of the Recorder of Deeds or Registrar of Titles, whichever is applicable. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Farley, Floros, Murauskis, Van Geem, wattenberg NAYS: None ABSENT: A~thur PASSED and APPROVED this 4th day of November , 1987. ATTE ST: Carol A F1 - Village Clerk CarolynfH. Krause Village President RECAPTURE AGREEMENT WHEREAS, GREGORY MILLER and CHRISTOPHER CAPPUCCILLI (hereinafter referred to as "Developer") is the owner of property commonly known as The Kathcon Subdivision located in Mount Prospect, Illinois; and WHEREAS, the Developer did cause the installation of a sanitary sewer main in order to serve all the properties hereinafter described; and WHEREAS, Developer is presently the owner of the Subject Property, legally described as Exhibit "B" attached her%to (herinafter referred to as "Subject Property"); and WHEREAS, the Village of Mount Prospect, a municipal corporation (hereinafter referred as as "Village") has determined that the best interest of the Village would be served by entering into a Recapture Agreement with Developer, in accordance with Section 22.702.C of Chapter 22 of the Village Code of Mount Prospect. WHEREAS, Developer and Village agree as follows: 1. Developer does warrant that all labor and material costs and all other charges relating to said sanitary sewer main and the installation thereof have been fully paid and that all necessary consents, easements, and right-of-way for the installation, maintenance, repair and replacement of said sewer main have been granted. 2. Upon the Developer's delivery of an executed deed for said sanitary sewer to the Village, the V~llage shall enter into a Recapture Agreement with Developer. 3. That development of properties adjacent to or in the general area of the property being the subject of this Agreement shall have the right to tap into and otherwise connect into said sanitary sewer main, provided that Developer be entitled to collect the sum of Two Hundred Ninety Dollars ($290.00) per lot. 4. Whenever the owners of properties make application to the Village for connection to said sewer main, the Village shall use its best efforts to inform said applicant that the appropriate aforestated fee is due and owning Developer. Thereafter, prior to issuance of any such permit to such applicant, the Village shall ascertain whether such applicant has paid Developer accordingly by sending notice of such application to Developer. B. The Village shall not be obligated to deny any such permit to any such applicant merely because said tap-on ee has not been paid to Developer. 5. That the right of Developer to the recovery and collection (by any legal means including civil suit against such applicant) of any tap-on fees for connection to the said sanitary main shall inure to it from the date hereof through December 31, 1997, and thereafter, Developer and/or its successors in interest shall have no further right to collect the aforesaid fees and any obligation herein of the Village to aid Developer to collect said fees shall cease. 6. That Developer does hereby agree to indemnify and hold harmless the Village, its officers, agents, employees, successors and assigns, from any and all claims or damages to real or personal property, and from injuries or death suffered to any persons, by reason of the said sewer, its construction or installation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of , 1987. Developer: Village of Mount Prospect: ATTEST: Carolyn H. Krause Village President Carol A. Fields Village Clerk