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HomeMy WebLinkAboutOrd 3650 05/20/1986 ORDINANCE NO. 3650 AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT BETWEEN RICHARD J. AND BARBARA K. UHER AND THE VILLAGE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 20th DAY OF May , 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 21 day of May ,1986. ORDINANCE NO. 3650 AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT BETWEEN RICHARD J. AND BARBARA K. UHER AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, Richard J. and Barbara K. Uher were the first owners to develop property commonly known as the Lilequist Resubdivision, requiring them to trench across Lonnquist Boulevard in order to install and 8" sanitary sewer service, rather than the 6" required; and WHEREAS, the installation of the sanitary sewer will benefit other future development within the Lilequist Resubdivision and inasmuch as Mr. & Mrs. Uher paid for this improvement and in accordance with Section 22.701 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 Mr. & Mrs. Uher to recapture a portion of the cost of this improvement from any future owners. 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 Mr. & Mrs. Richard Uher for property known as Lilejuist Resubdivision, said Recapture Agreement is attached to hereto 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: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 20th day of May , 1986. ATTE ST: Carol A. Fields Village Clerk Carolyn,. Krau~e Village VPresident RECAPTURE AGREEMENT WHEREAS, Richard J. and Barbara K. Uher (hereinafter referred to as "DEVELOPERS") are the owners of property commonly known as 113 West Lonnquist Boulevard, Mount Prospect, Illinois, being Lot 4 in Liljequist Resubdivision; and WHEREAS, the DEVELOPERS did cause the installation of an 8" sanitary sewer main instead of a 6" main in order to serve all the properties hereinafter described; and WHEREAS, DEVELOPERS are presently the owners of said sanitary sewer system serving property legally described as follows: Lots 1, 2, 3 and 4 in Liljequist Resubdivision being a resubdivision of part of Lot 18 of Owners Subdivision of West Half of the Northwest Quarter of Section 13, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois (hereinafter referred to as "SUBJECT PROPERTY"); and WHEREAS, the Village of Mount Prospect, a municipal corporation (hereinafter referred to as "VILLAGE") has determined that the best interest of the VILLAGE would be served by entering into a Recapture Agreement with DEVELOPERS, in accordance with Section 22.702.C of Chapter 22 of the Village Code of Mount Prospect. WHEREAS, DEVELOPERS and VILLAGE agree as follows: 1. DEVELOPERS do 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 DEVELOPERS' delivering an executed deed for said sanitary sewer to the VILLAGE, the VILLAGE shall enter into a Recapture Agreement with DEVELOPERS. 3. That all property owners of Lots 1, 2 and/or 3 of the SUBJECT PROPERTY, shall have the right to tap into and otherwise connect into said sanitary sewer main, provided that DEVELOPERS be entitled to collect the sum of Five hundred fifty seven Dollars and thirty-three cents ($557.33) per lot. 4. Whenever the owners of any of the properties being the subject of this Agreement 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 DEVELOPERS. ae Thereafter, prior to issuance to any such permit to such applicant, the VILLAGE shall ascertain whether such applicant has paid DEVELOPERS accordingly by sending notice of such application to DEVELOPERS. Be The VILLAGE shall not be obligated to deny any such permit to any such applicant merely because said tap-on fee has not been paid to DEVELOPERS. 5. That the right of DEVELOPERS to 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, 1996, and hereafter, DEVELOPERS 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 DEVELOPERS to collect said fees shall cease. 6. That DEVELOPERS do 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 pa~ies hereto have hereunto set their hands and seals this ~ C'~day of ~ , 1986. DEVELOPERS: Richard J. Uher Barbara K. Uher VILLAGE OF MOUNT PROSPECT: Village Pre~ideht ATTEST: Village Clerk