HomeMy WebLinkAboutOrd 5588 09/19/2006
ORDINANCE NO. 5588
AN ORDINANCE AUTHORIZING EXECUTION OF A RECAPTURE
AGREEMENT BETWEEN MARIO PICICCO AND GILDA PICICCO 225 SOUTH
LEONARD LANE, ARLINGTON HEIGHTS, ILLINOIS AND THE VILLAGE OF
MOUNT PROPSPECT
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 19th DAY OF SEPTEMBER, 2006
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 20TH day of September, 2006.
ORDINANCE NO. 5588
AN ORDINANCE AUTHORIZING EXECUTION OF A RECAPTURE AGREEMENT
BETWEEN MARIO PICICCO AND GILDA PICICCO, 225 SOUTH LEONARD LANE,
ARLINGTON HEIGHTS, ILLINOIS AND THE VILLAGE OF MOUNT PROSPECT
WHEREAS, notwithstanding the Arlington Heights common address for 225 South Leonard Lane (the
"Subject Property"), is situated in the VILLAGE (of Mount Prospect); and
WHEREAS, Mario Picicco and Gilda Picicco (the "Owners") have paid for and constructed and installed
certain water main(s) along White Oak Street between Prairie Avenue to the east and South Leonard Lane to
the west and along South Leonard Lane between 227 South Leonard Lane to the north and White Oak Street
to the south, as more specifically described and set forth in the Engineering Plans prepared by I.G.
Consulting, Inc. for the Leonard and White Oak Water Main Extension, final revision June 11, 2002 (the
"Plans") with all accessories and appurtenances (hereinafter) collectively referred to as the ("Project"); and
WHEREAS, the Owner has paid the cost of construction of the Project, but a number of parcel owners who
may benefit from and be served by such Project, (the "Benefited Owners") have not; and
WHEREAS, the Owner seeks to recapture a portion of the cost of construction of the Project from the
Benefited Owners and the VILLAGE is willing to recapture a proportionate amount of the cost of construction
to the extent permitted by law provided that the Owner indemnifies and holds the VILLAGE harmless.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR
HOME RULE POWER:
SECTION ONE: The President and Board of Trustees of the Village of Mount Prospect have determined
that the best interests of the Village would be served by entering into a Recapture Agreement with Mario
Picicco and Gilda Picicco for property commonly known as 225 South Leonard, Arlington Heights, Illinois.
This Recapture Agreement is attached and made a part of the Ordinance as Exhibit "An.
SECTION TWO: The Village Clerk is hereby authorized and directed to record a certified copy of this
Ordinance copy of this Ordinance with the Recorder of Deeds of Cook County.
SECTION THREE: 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:
Corcoran, Hoefert, Kom, Lohrstorfer, Skowron, Zadel
NAYS:
None
ABSENT:
None
PASSED and APPROVED this 19th day of September, 2006.
~,y~
.t1'Vana K. Wilks
Mayor
ATTEST: ,
7ll.~~
'M. Lisa ngell
Village Clerk
H:\CLKO\files\ W I N\ORDINANC\RecaptureAgrmt,picicco225southleonardsept2006.doc
WATERMAIN RECAPTURE AGREEMENT
~
This Agreement made and entered into this CJ.... ~ day of September, 2006 by and between
the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois (hereinafter referred to as the
"VILLAGE") and Mario Picicco, Jr. and Gilda Picicco, individually, as the owners (hereinafter
for convenience referred to as the "OWNER") of the property commonly known as 225 South
Leonard. Arlington Heights. Illinois 60005 (hereinafter sometimes referred to as the "SUBJECT
REALTY").
WITNESSETH:
WHEREAS, notwithstanding the Arlington Heights common address for the SUBJECT
REALTY, the SUBJECT REALTY is situated in the VILLAGE (of Mount Prospect); and
WHEREAS, the OWNER has paid for and constructed and installed certain water
main(s) along White Oak Street between Prairie Avenue to the east and South Leonard Lane to
the west and along South Leonard Lane between 227 South Leonard Lane to the north and White
Oak Street to the south, as more specifically described and set forth in the Engineering Plans
prepared by I.G. Consulting, Inc. for the Leonard and White Oak Water Main Extension, final
revision June 11, 2002 (the "Plans") with all accessories and appurtenances (hereinafter
collectively referred to as the "Project"); and
WHEREAS, the OWNER has paid the cost of construction of the Project, but a number
of parcel owners who may benefit from and be served by such Project, have not; and
WHEREAS, OWNER seeks to recapture a portion of the cost of construction of the
Project from the owners of the parcels benefiting or to be served therefrom, and the VILLAGE is
willing to recapture a proportionate amount of the cost of construction from said owners of the
PIeIeeo _Mario _Gilda _ 225 _Leonard _ W atermain _Recapture_Agreement _ JL _revised _5-11-06 9-19-06DOC
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parcels to the extent permitted by law provided that the OWNER indemnifies and holds harmless
the VILLAGE in connection therewith;
NOW, THEREFORE, in pursuance of authority granted by law, and based upon other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
and further in consideration of the terms and conditions set forth below, the parties hereto agree
as follows:
Section 1:
The OWNER represents and warrants to the VILLAGE as follows:
A.
That the OWNER has previously constructed the Project to service the
real estate legally described on EXHmIT A attached hereto and made a part hereof, as
though fully set forth herein (the said real estate is sometimes hereinafter called the
"SUBJECT REALTY").
B. In order to service the development of the SUBJECT REALTY with
watermain service, and in conjunction with the request of the VILLAGE and applicable
law, OWNER has constructed, installed and paid for the construction and installation of
the Project to serve the SUBJECT REALTY, which was constructed within the
location(s) identified above. The Project has been sized and designed to service each
parcel in the Area Served (hereinafter sometimes referred to as the "Service Area" and/or
the "Recapture Area") as identified on EXHmIT B attached hereto and hereby made a
part hereof
C. The area that said Project is capable of servicing, and will benefit, exceeds
that of the SUBJECT REALTY and encompasses the general area of parcels identified on
EXHmIT B as the Area Served (hereinafter sometimes referred to as the "Service Area"
and/or the "Recapture Area"). Such Service Area consists of nine (9) common
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addresses, nine (9) lots, nine (9) permanent index numbers (individually a "parcel" and
collectively the "parcels"), inclusive of the SUBJECT REALTY, and with total
dimension for all nine (9) parcels of approximately within the said Service Area.
D. That such Project shall benefit the property described on EXHffiIT B in
addition to the SUBJECT REALTY, subject to the provisions hereof
Section 2:
COSTS:
A.
The VILLAGE agrees that in order to provide for reimbursement to the
OWNER of the cost of the construction of the Project (which cost of construction, as
documented by OWNER to VILLAGE, is currently estimated to be Ninety-Two Thousand, Nine
Hundred and Sixty-Two and 82/100 ($92,962.82) Dollars with Eighty-Two Thousand, Six
Hundred and Thirty-Three and 62/100 ($82,633.62) Dollars, being the portion subject to
recapture hereunder, as more fully set forth in EXHmIT C attached hereto and made a part
hereof), as a result of benefits to the parcels located in the Recapture Area (as described on
EXHmIT B), the VILLAGE will, to the extent the same is permitted by law, require, as a
condition to the VILLAGE's approval of any plat of subdivision or building permit or notice to
proceed or to the VILLAGE's permitting any connection to and use of the Project or the
VILLAGE's water system relating to or benefiting any parcels lying within the Recapture Area,
the owner or owners of said parcels in the Recapture Area to pay to the OWNER a recapture or
special connection fee when and as collected, in the current amount of Ten Thousand, Three
Hundred and Twenty-Nine and 20/100 ($10,329.20) Dollars per parcel in the Recapture Area (as
described on EXHmIT B), and further such recapture or special connection fee shall include
interest applied annually at a rate equal to and commensurate with the interest rate -- six (6%)
percent per annum -- being paid by OWNER to its lender which advanced the costs of
PICICCO_Mario_Gilda _225 _Leonard _ Watermain_Recapture_Agreement _JL_revised _5-11-06 9-19-06DOC
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construction to OWNER. Such interest shall be compounded as of the date of execution of this
Agreement, and annually thereafter as of December 31 of each year. Such interest shall
commence accruing as of the date of execution of this Agreement and shall be added annually, or
prorated with a per diem interest factor for payments received during the year, as of January 1 of
each year.
B. It is understood that the above recapture amounts do not include the sum
of Eight Thousand Seven Hundred and Eighty and NollOO ($8,780.00) Dollars deposited by
OWNER as and for a bond posted by OWNER with the VILLAGE, which monies shall be
refunded directly and exclusively to OWNER by the VILLAGE separate and apart from the
recapture amounts herein set forth, as provided by Section 15.802 of the Mount Prospect Village
Code, and the other eight (8) affected parcel owners set forth on EXHffiITS Band C attached
hereto shall have no right, title or interest whatsoever with respect thereto.
C. It is further understood that the above recapture amounts do not include
any costs to be incurred and/or sums to be expended by the other eight (8) affected parcel owners
set forth on EXHffiITS Band C attached hereto vis-a.-vis landscaping their respective parcels in
connection with any construction on said parcels, or anyone of them, in furtherance of this
Agreement. Rather, the costs of any landscaping work shall be borne exclusively by the said
other eight (8) affected parcel owners relative to their respective parcels.
Section 3:
That a recapture fee/special connection charge for the owner of any parcel
of real estate in the Recapture Area shall be established by ordinance by the VILLAGE in
conformance with the provisions of Section 2 of this Agreement.
Section 4:
It is further understood and agreed that if this Recapture Agreement or the
recapture ordinance or the recapture fee/special connection fee to be established pursuant to this
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Agreement are challenged by legal action, that the OWNER will assume the defense of such
litigation and pay for all costs and expenses, including witness fees and reasonable attorney's
fees and expenses, and OWNER shall indemnify and hold harmless the VILLAGE for any
judgment or settlement, and all other costs and expenses of any kind whatsoever charged against
or incurred by the VILLAGE in any way directly or indirectly related to any claim, cause of
action or lawsuit so brought.
If this Recapture Agreement, the recapture ordinance and/or the recapture fees/special
connection fees are held invalid by a court of competent jurisdiction, the OWNER agrees that the
VILLAGE need not appeal such decision and shall not have any further obligation to try in any
manner to recapture any costs hereunder or under any separate agreement or ordinance, and shall
not be obligated to pay any further monies to OWNER for any reason connected with the
Project, this Recapture Agreement or said recapture ordinance, and/or special connection fees.
Section 5:
This Agreement may be recorded, at the expense of the OWNER, with the
office of the Recorder of Deeds of Cook County, Illinois.
Section 6:
VILLAGE agrees that it will provide for the payment of the appropriate
recapture amounts and/or recapture fees/special connection fees, including interest, required
hereunder in any annexation agreement involving any parcels within the Service Area annexing
to the VILLAGE.
Section 7:
VILLAGE agrees that it will require the payment of all recapture amounts
and/or recapture fees/special connection fees, including interest, required hereunder, under the
following procedures. When a benefited parcel owner seeks approval of development of the
parcel of the benefited parcel owner and/or connection to the Project or the VILLAGE's water
system, the VILLAGE shall notify the party seeking such approval and/or connection that there
PICICCO _ Mario _Gilda _ 225 _Leonard _ Watennain _Recapture_Agreement _ ~ Jevised _5-1 I -06 9-19-06DOC
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is a recapture due, the amount of the recapture, and require the petitioner to arrange for a direct
payment of the recapture amount and/or special connection charge to VILLAGE, which in turn
will reimburse such amount to the OWNER. It is agreed that the VILLAGE will use its best
efforts to collect all such recapture amounts due and owing, but it is further agreed that
VILLAGE need not take any legal action to collect the same. The VILLAGE agrees that the
OWNER may take such legal action in its own name and/or in the name of the VILLAGE, but
the OWNER must pay all court costs, expenses, attorney fees and all other costs relating to the
same. It is agreed that the OWNER is an express third party beneficiary under this Agreement.
Section 8:
The amount of recapture provided for herein, and any recapture
fees/special connection fees to be provided for pursuant to the provisions hereof, shall be in
addition to any and all fees customarily required by VILLAGE ordinances from any benefited
parcel within the Recapture Area.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, as
applicable, pursuant to lawful authority, this ~l'~y of September, 2006.
,Ale,' o(-"/not' ~
OWNER:
VILLAGE:
By: X
Mario Picicco, Jr.
Village of Mount Prospect,
a Municipal Corporation
Gilda Picicco
By:X
. M~yor ~ro Tern
d
By: X
Zadel
Attest: "
By:~~d~
Village Clerk · ..
PICICCO_Mario_Gilda_225_Leonard _Watermain_Recapture_Agreement_JLJevised _5-11-06 & 9-19-06DOC.DOC
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STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Michael Zadel, personally known to me to be the President Pro
Tern of the Village of Mount Prospect, a Municipal Corporation, and Lisa Angell,
personally known to me to 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 Pro Tern 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 2..\ '7\tday of November 2006.
'2..00"8
,~
Commission expires \ \ - D ~
I
~ ~.Q.(:)
Notary Public
OFFICIAL SEAL
ROBERTA C CLINGER
NOTARY PUBLIC. STATE Of IWNOIS
MY COMMISSION EXPlRES:11103/08
is a recapture due, the amount of the recapture, and require the petitioner to arrange for a direct
payment of the recapture amount and/or special connection charge to VILLAGE, which in turn
will reimburse such amount to the OWNER. It is agreed that the VILLAGE will use its best
efforts to collect all such recapture amounts due and owing, but it is further agreed that
VILLAGE need not take any legal action to collect the same. The VILLAGE agrees that the
OWNER may take such legal action in its own name and/or in the name of the VILLAGE, but
the OWNER must pay all court costs, expenses, attorney fees and all other costs relating to the
same. It is agreed that the OWNER is an express third party beneficiary under this Agreement.
Section 8:
The amount of recapture provided for herein, and any recapture
fees/special connection fees to be provided for pursuant to the provisions hereof, shall be in
addition to any and all fees customarily required by VILLAGE ordinances from any benefited
parcel within the Recapture Area.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, as
A
applicable, pursuant to lawful authority, this ~~ day of September, 2006.
By: X
VILLAGE:
Village of Mount Prospect,
a Municipal Corporation
By: X
By: X
Village President
Attest:
By: X
Village Clerk
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ACKNOWLEDGMENTS
ST ATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the county and State aforesaid, DO
HEREBY CERTIFY that Mario Picicco, Jr. and Gilda Picicco, 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 they signed and delivered the said
instrument, as their free and voluntary act, for the uses and purposes therein set forth.
.J<A..
GIVEN under my hand and official seal this .d..'b day of September, 2006.
Commission expires: 0; - 'f-- ~cJo
~~C. ztO(~~~
No ary Public
OFFICIAL SEAL
JOHN E LOVESTRAND
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPfRES:09J04/10
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EXHffiIT A
Legal Description of the SUBJECT REALTY
Lot 2 in Aiello Subdivision of the North 151.50 feet of the West Half of the South Half of
the West Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter
of Section 10, Township 41 North, Range 11, East of the Third Principal Meridian,
according to the Plat thereof recorded November 6, 2001, as Document Number
0011039168, in Cook County, llIinois,
Common Address: 225 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-149-0000
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EXHmIT B
Identification of the nine (9) parcels within the Service Area / Recapture Area
Parcell:
Common Address: 225 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-149-0000
Current Owner: Mario Picicco, Jr. and Gilda Picicco
(the OWNER set forth in the Agreement)
Parcel 2:
Common Address: 227 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-148-0000
Current Owner: Guiseppe Aiello and Marina Aiello
Parcel 3:
Common Address: 234 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-068-0000
Current Owner: Sean Curran
Parcel 4:
Common Address: 228 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-067 -0000
Current Owner: Erwin H. Rapp
Parcel 5:
Common Address: 246 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-070-0000
Current Owner: Toula Poulopoulos
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Parcel 6:
Common Address: 240 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-069-0000
Current Owner: Ed Madejczyk and Joyce Madejczyk
Parcel 7:
Common Address: 235 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-124-0000
Current Owner: Mark S. Lannie
Parcel 8:
Common Address: 2130 West White Oak Street, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-123-0000
Current Owner: Ronald Rutkowski
Parcel 9:
Common Address: 301 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-048-0000
Current Owner: Laura Koob and Thomas Koob
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EXHffiIT C
Identification of the nine (9) parcels subject to Recapture
Parcel 1:
Common Address: 225 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-149-0000
Current Owner: Mario Pi cicco, Jr. and Gilda Picicco
(the OWNER set forth in the Agreement)
Subject to Recapture: NO; portion previously paid to OWNER.
Parcel 2:
Common Address: 227 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-148-0000
Current Owner: Guiseppe Aiello and Marina Aiello
Subject to Recapture: YES; portion NOT previously paid to OWNER
Parcel 3:
Common Address: 234 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-068-0000
Current Owner: Sean Curran
Subject to Recapture: YES; portion NOT previously paid to OWNER
Parcel 4:
Common Address: 228 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-067 -0000
Current Owner: Erwin H. Rapp
Subject to Recapture: YES; portion NOT previously paid to OWNER
Parcel 5:
Common Address: 246 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-070-0000
Current Owner: Toula Poulopoulos
Subject to Recapture: YES; portion NOT previously paid to OWNER
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Parcel 6:
Common Address: 240 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-069-0000
Current Owner: Ed Madejczyk and Joyce Madejczyk
Subject to Recapture: YES; portion NOT previously paid to OWNER
Parcel 7:
Common Address: 235 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-124-0000
Current Owner: Mark S. Lannie
Subject to Recapture: YES; portion NOT previously paid to OWNER
Parcel 8:
Common Address: 2130 West White Oak Street, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-123-0000
Current Owner: Ronald Rutkowski
Subject to Recapture: YES; portion NOT previously paid to OWNER
Parcel 9:
Common Address: 304 South Leonard Lane, Arlington Heights, Illinois 60005
Permanent Index Number: 08-10-114-048-0000
Current Owner: Laura Koob and Thomas Koob
Subject to Recapture: YES; portion NOT previously paid to OWNER
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