HomeMy WebLinkAboutOrd 5477 12/21/2004
ORDINANCE NO. 5477
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND METRO FEDERAL CREDIT UNION
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 21sT DAY OF DECEMBER, 2004
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 22ND day of December, 2004.
ORDINANCE NO. 5477
RECAPTURE ORDINANCE
FOR METRO FEDERAL CREDIT UNION FOR
THE CONSTRUCTION OF PUBLIC IMPROVEMENTS
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
WHEREAS, the Village of Mount Prospect is a home rule municipality, pursuant
to Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, the Village is granted broad powers of contract pertaining to its
government and affairs, by virtue of its home rule status; and
WHEREAS, the Illinois Municipal Code (65 ILCS 5/9-5-1) recognizes the use of
recapture agreements for the reimbursement of costs of public improvements to real
estate which benefit more than one property; and
WHEREAS, the powers granted to municipalities by 65 ILCS 5/9-5-1 do not
serve to limit the powers of home rule municipalities in the formation of such recapture
agreements; and
WHEREAS, the Owner is developing the property located at 2440 East Rand
Road, Mount Prospect, Illinois, legally described in Exhibit A and depicted on the site
plan Exhibit B; and
WHEREAS, in developing the property, the Owner has designed, constructed
and installed, at its sole cost and expense, a water main across the entire frontage of
the Subject Property and across property owned by Old Orchard Country Club Village
Home Owners Association, together with easements of access across the Subject
Property (the "Subject Improvements") which are specified in the Plat of Easement for
the Village of Mount Prospect, which Plat is attached hereto as Exhibit C and in the
plans titled Proposed Watermain Extension dated February 6, 2002, which plans are
attached as Exhibit D; and
WHEREAS, the design, construction and installation of the Subject
Improvements will benefit the Metro Federal Credit Union development as well as
certain other property; and
WHEREAS, the Village has required Owner to design, construct and install the
Subject Improvements as a condition of developing its property so that the Subject
Improvements would be available to the certain other properties, legally described in
Exhibit E and depicted on Exhibit F (the "Benefited Properties"); and
WHEREAS, the Owner has agreed to pay the total costs of the Subject
Improvements provided that the Village require reimbursement to the Owner and
Developer from owners of the Benefited Properties in accordance with the terms of this
Agreement; and
WHEREAS, the Village has determined that the estimate of the costs of the
Subject Improvements is reasonable, and such costs have been fairly and reasonably
apportioned between the Owner and Developer and the owners of each of the Benefited
Properties, as specified on Exhibits E and F; and
WHEREAS, the parties agree that the owners of the Benefited Properties should
pay Recapture Payments for the Subject Improvements on the basis of the actual costs
incurred by the Owner and Developer, which actual costs should include the Owner and
Developer's reasonable engineering expenses.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
1.
In order to provide for reimbursement to Owner of a portion of the
construction cost, the Village will require, to the extent permitted by authority contained
under the provisions of the Illinois Municipal Code and the Mount Prospect Village Code
as amended from time to time and by its home rule powers, and as a condition of
permitting any connection to and use of the Water System by properties set forth in
Exhibit B, that the owner or owners of such properties pay to the Village a recapture fee
as set forth below which the Village shall in turn pay to Owner.
2.
Owner has paid the costs as set forth in Exhibit G.
3.
Any owner of a Benefited Property shall become obligated to pay the
required Recapture Amounts to the Owner when the Benefited Property makes use of
or benefits from the Subject Improvements, as determined by the Village in the
reasonable exercise of its discretion.
4.
The amount shall be payable by the Village to Owner solely and
exclusively from collections from the owners of the Property which will be benefited by
the construction of the Water System by Owner, as set forth in Exhibit B, if and when
the owners are permitted to connect to the Village Water System.
5.
The amount is to be collected by the Village from the owners of the
benefited property at the time the owners apply to the Village connection to the Water
System constructed by Owner.
6.
The Village shall be entitled to an administrative fee offive percent (5%) of
any amount collected to cover the costs incurred by the Village in collection of the
recapture fee.
7.
It is further understood that under no circumstances will the General Fund
of the Village in any way be obligated for any amount to be reimbursed to Owner, nor
shall the Village be liable, in any manner whatsoever, for its failure or neglect to collect
any monies due from the owners of the benefited property. The Village is only obligated
to pay Owner from those funds the Village actually collects from the benefited property
owners.
8.
This Recapture Ordinance shall remain in full force and effect until the first
day of January, 2015. After that date the benefited property shall no longer be liable for
the payment of fees pursuant to this Ordinance.
9.
This Ordinance shall be of no force or effect until the Village has received
from the Owner covenants not to sue the Village, its officers, agents and employees,
their successor and assigns in any manner directly or indirectly in connection with the
this Recapture Ordinance and a statement that the Owner agrees to all the terms of this
Ordinance, including but not limited to paragraph 10, and that the officers whose
signatures are on the letter have full corporate authority to execute the letter on behalf
of the corporation. This Ordinance is adopted and the Village will attempt to collect the
recapture as an accommodation to the Owner. The primary purpose of the Ord inance
is to grant to the Owner the right to collect the recapture fees from the benefited
property owners.
10.
This Ordinance shall be enforceable by the Owner against the benefited
properties in any court of competent jurisdiction by an appropriate action in law or in
equity, mandamus or other proceeding to enforce and compel the payment of the
Recapture fees. Under no circumstance shall the Village be made a defendant by the
Owner in any legal action in order to enforce and compel the performance of the
covenants in this Ordinance. The Owner will reimburse the Village for all expenses,
including attorneys' fees incurred in connection with any such action, and that judgment
can be rendered accordingly. Should any action be brought against the Village by any
third party challenging the validity of this Ordinance or any ordinances or resolutions
adopted pursuant to or in furtherance of the provisions of this Ordinance or challenging
in any way the amount of the recapture fee, then and in that event, Owner shall jointly
and severally indemnify and completely hold harmless the Village, its officers, agents
and employees, their assigns and successor from any and all liability whatsoever for
damages or expenses arising directly or indirectly out of or under any such action,
including court costs and reasonable witness and attorneys' fees.
11.
Northing in this Ordinance is intended to relieve Owner of its obligations
under the regulations, rules and ordinances of the Village, except as specifically set
forth.
~
12.
This Ordinance and the attached Exhibits set forth all of the
obligations of the Village relative to the subject matter and there are no other
promises, inducements, agreements, conditions or undertakings, either oral or
written, expressed or implied by the Village.
13.
The Village may condition annexation and intends to condition
subdivision and issuance of any building, occupancy, connection, or access
permits upon payment of the designated share of the Recapture Amount by the
Owner or Owners of any Benefited Property making use of or benefiting from the
Subject Improvements.
14.
The obligations imposed upon each of the Benefited Properties
under this Agreement shall be a covenant running with the land and shall
constitute encumbrances against the land so as to bind the owners and any
successor owners of record of such properties.
15.
The Village agrees to approve this Recapture Ordinance and shall
become effective upon its execution by the parties and the recording of this
Ordinance with the Recorder of Cook County.
16.
All payments and notice to the Owner under this Agreement shall
be sent by regular U.S. mail, postage paid to: Metro Federal Credit Union, 2440
East Rand Road, Mount Prospect, Illinois 60056, with a copy to: Dommermuth,
Brestal, Cobine and West, Ltd., 123 Water Street, Naperville, Illinois 60540.
17.
This Ordinance shall inure to the benefit of and be binding upon the
successors and assigns of the Benefited Properties.
6
18.
This Ordinance shall be in full force and effect from and after its
adoption, approval and publication in pamphlet form as provided by law. The
Village Clerk is hereby directed to publish this Ordinance in pamphlet form.
ADOPTED this
21st
day of
Dec~mber
, 2004 by the
Corporate Authorities of the Village of Mount Prospect on a roll call vote as
follows:
AYES:
Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
NAYS:
None
ABSENT:
None
APPROVED this 41st
,2004.
ATTEST:
,.. -
...-/
Vel
7
Metro Federal Credit Union
RCR: 6/4/02
PROPERTY ADDRESS:
2440 E. Rand Rd., Mt. Prospect
P.I.N.s:
Subject Property:
03-28-201-008 and
03-28-201-026
Benefited Properties:
03-28-201-022,03-28-201-014,
03-28-201-020,03-28-201-023,
03-28-201-024
RETURN TO:
Village Clerk
Village of Mount Prospect
100 S. Emerson Street
Mount Prospect, IL 60056-3266
RECAPTURE AGREEMENT FOR
METRO FEDERAL CREDIT ~"ION j
FOR THE CONSTRUCI10N OF PUBLIC IMPROVEMENTS. .'
~L '/) ;lô~
TillS RECAPTURE AGREEMENT is entered into tbiscfl /~ day Of...ÚE(J&ffJ)V'~Y and
, Co
between the Village ofMOlmt Prospect, illinois, a mtUÙcipal corporation with offices a~ S. Emerson Street,
Mount Prospect, illinois 60056 (hereinafter referred to as the "Village") and Metro Federal Credit Union
(hereinafter referred to as the "Owner and Developer").
RECIT ALS:
WHEREAS, the Village is a home rule municipality, pursuant to Article VII, Section 6 of the llIinois
Constitution of 1970; and
'VHEREAS, the Village is granted broad powers of contract pertaining to its government and affairs, by
virtue of its home rule status; and
WHEREAS, the illinois Municipal Code (65 ILCS 5/9-5-1) recognizes the use of recapture agreements
for the reimbursement of costs of public improvements to real estate which benefit more than one property; and
WHEREAS, the powers granted to municipalities by 65 n..CS 5/9-5-1 do not serve to limit the powers
of home rule municipalities in the fonnation of such recapture agreements; and
WHEREAS, the Owner and Developer is developing the property located at 2440 East Rand Road,
MolU1t Prospect, illinois, legally described in Exhibit A and depicted on the site plan Exhibit B, and
47500/1
WHEREAS, in developing the property, the O\VI1er and Developer has agreed to design, construct and
install, at its sale cost and expense, a water main across the entire frontage of the Subject Property and across
property owned by Old Orchard Country Club Village Home O\VI1ers Association, together with easements of
access across the Subject Property (the "Subject Improvements") which are specified in the Plat of Easement for
the Village of Molll1t Prospect, which Plat is attached hereto as Exhibit C, and in the plans titled Proposed
Watermain Extension dated February 6, 2002, which plans are attached hereto as Exhibit D, and
WHEREAS, the design, construction and instal1ation of the Subject Improvements win benefit the
Metro Federal Credit Union development as well as certain other property; and
WHEREAS, the Village has required O\VI1er and Developer to design, construct and insta11 the Subject
Improvements as a condition of developing its property so that the Subject Improvements would be available to
the certain other properties, legally described in Exhibit E and depicted on Exhibit F (the "Benefited Properties")
and
WHEREAS, the O\VI1er and Developer has agreed to pay the total costs of the Subject Improvements
provided that the Vi11age require reimbursement to the Owner and Developer from owners of the Benefited
Properties in accordance with the tenDS of this Agreement; and
\VHEREAS, the Vi11age has determined that the estimate of the costs of the Subject Improvements is
reasonable, and such costs have been fairly and reasonably apportioned between the Owner and Developer and
the owners of each of the Benefited Properties, as specified on Exhibits E and F; and
WHEREAS, the parties agree that the owners of the Benefited Properties should pay Recapture
Payments for the Subject Improvements on the basis of the actual costs incUITed by the Owner and Developer,
which actual costs should include the Owner and Developer's reasonable engineering expenses
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement together
with a11 other agreements and obligations undertaken by the Owner and Developer with the Vi11age, the parties
hereby agree as foHows:
SECTION I:
The foregoing recitals are substantive and are incorporated in the body of this
Agreement.
47500/1
2
SECTION 2:
The parties agree that the Village shall not issue a building permit for construction of
any new structures or substantial remodeling by the o\VTlers or tenants of any of the Benefited Properties tmtil
such O\VTlers have reimbursed O\VTler and Developer for the portion of the actual costs incUITed by the O\V11er and
Developer for engineering and construction of the Subject Improvements which is apportioned to that Benefited
Property as sho\VTl on Exhibit G ("Recapture AmOtmt").
SECTION 3:
An O\VTler of a Benefited Property shall become obligated to pay the required Recapture
AmOtmts to the O\vl1er and Developer when the O\V11er makes use of or benefits from the Subject Improvements,
as determined by the Ví1lage in the reasonable exercise of its discretion.
SECTION 4:
The Village may condition annexation, and shall condition subdivision and issuance of
any building, occupancy, connection, or access peIlTlits upon payment of the designated share of the Recapture
Amount by the O\V11er or owners of any Benefited Property making use of or benefiting from the Subject
Improvements.
SECTION 5:
The obligations imposed upon each of the Benefited Properties under this Agreement
shaH be a covenant running with the land and shaH constitute encWTIbrances against the land so as to bind the
O\VTlers and any successor O\VTlers of record of such properties.
SECTION 6:
The Vi1lage agrees to approve this Agreement by Ordinance and this Agreement shall
become effective upon its execution by the parties, and the recording of this Agreement and ordinances with the
Recorder of Cook COtmty.
SECTION 9:
An payments and notice to the Ovvner and Developer under this Agreement shan be
sent by regular U.S. mail, postage paid to: Metro Federal Credit Union, 2440 East Rand Road, Mount Prospect,
l11inois, 60056, with a copy to: DomrneIlTluth, Brestal, Cobine and West, Ltd., 123 Water Street, Napervil1e,
ll1inois, 60540.
47500/1
3
THE pARTIES TO THIS AGREEMENT by their signatures acknowledge they have read and
understand this Agyeement and intend to be bound by its terms.
METRO FEDERAL CREDIT UNION
By: ~~ Ä.::h'&ø...
Richard Marra /' ?I"d-/~ e'¡-f'
VILLAGE OF MOUNT PROSPECT
V iIlage President
.7500/1
Attest: ~ ~
~¡/4 7"6 K-£ ¡:",;r41}-{!j_é / liee. '?re.;~dëÌ¡
Attest:
~.A; ~
-
Village Clerk
4
Exhibit "A"
Legal description
t~~CEL I; TH~ £AST 223.37 FS~T (EXCE?T TH~ NORTH 430 FEET) OF T~~T PART LYING
S~ST AND NORTH OF' F.J\ND nOM, OF THE: WEST HALF (1/2 J Of THe 1l0RTHEAST QUARTER
(1/4) OF S¡;:CTION 26, TOWNSHIP 42 NORTH, RANGE 11. El',ST OF THE TfI!RD PRINCIPAL
MUUDIJ\N, IN COOY. COu~rrï, ILLU/OI$.
PARCEL II: THE EAST 223.37 FEET (EXCEPT THJ\T PART LYn1G SOUTH OF' THE NORTH 430
tEET TH.IiREOF) !\NO (EXCEPT THE ~ORT1! 41 3 .0 FEET 'I'HERr;:QF') OF THAT PART Z,YING ~AST
AND NORTH OF P.J\IW ROAD AND THB: WEST HALF Oil} OF' TI!E NORTHEAST QUARTER (1(4) OF
SECTION 28. TOWN.'3II.!P 42 NOETH, P..A.NGE: 11. .EAST OF 1'HE THIRD PRINCIPÞ.L 1'1Eil.IDIM IN
('OaK COmiTY, ILLINOIS.
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Exhib Ü D
METRO FEDERAL
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PROJECT/CLIEfoIT
DRAWN BT;
DFM
2-06-02
PROPOSED WA TERMAIN EXTENSION
CHe:CK(D BY:
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r.R~nIT IINlnN
APPRO~O BY:
SCALE: FlGURE Net
,. = 200. 1
Exhibi t E
Legal Description:
TAX # 03-2B-201-022
THE WEST 111.69 FEET OF THE EAST 335.045 FEET OF THAT PART LYING EAST k~
NORTH OF RAND ROAD, EXCEPTING THEREFROM THE NORTH 213.0~EET AS MEASURED ON
TRE NORTH AND WEST LINES THEREOF, OF THE WEST ~/2 OF THE NORTHEAST 1/4 OF
SECTION 28, TOWNSHIP 42 NORTH, ~GE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS. .
TOGE11IER WITH
. TAX # 03.28~201-023
THE WEST 60.14 FEET OF THE EAST 431.20 FEET, EXCEPT THE NORTH 208.0 FEET, AS
MEASURED ON THE NORTH AND WST LINES THEREOF, OF THAT PART OF THE WEST 1/2 OF
THE NORTHEAST 1/4, LYING NORTHEASTERLY OF THE NORTH EASTERLY LINE OF RAND
ROAD, OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLLINOIS.
TOGETHER W1TR
TAX # 03-28-201-024
THE WEST 36.0 FEET OF THE EAST 371.05 FEET, (EXCEPT THE NORTH 208.0 FEET AS
MEASURED ON THE EAST AND WEST LINES THEREOF, OF THAT PART OF THE WEST 1/2 OF
THE NORTHEAST 1/4 LYING NORTHEASTERLY OF THE NORTH EASTERLY LINE OF RAND ROAD
IN SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
TOGETIIER WITH
TAX # 03-28-201-014
THE WEST 90.0 FEET OF THE EAST 521.20 FEET, EXCEPT THE NORTH 158.0 FEET AS
MEASURED ON THE EAST AND WEST LINES THEREOF OF' THAT PART OF THE WEST ~/2 OF
THE NORTHEAST 1/4 LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF RAND ROAD,
OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS. .
TOGETHER WITH
TAX #03-28-201-020
THAT PART LYING EAST AND NORTH OF RAND ROAD OF THE WEST 1/2 OF TEE NORTHEAST
1/4 OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN (EXCEPT THE EAST 521.20 FEET THEREOF) DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTJ;ON OF THE WEST LINE: OF THE AFORESAID
EAST 521.20 FEET WITH THE NORTHEASTERLY LINE OF AFORESAID RAND ROAD; THENCE
NORTHWESTERLY IN THE NORTHEAST LINE OF AFORESAID ROAD A DISTANCE OF 100.0
FEET, TO A POINT; THENCE NORTHEASTERLY IN A LINE DRAWN AT RIGHT ANGLES TO
AFORESAID NORTHEASTERLY LINE OF RAND ROAD A DISTANCE OF 112.04 FEET TO A
POINT IN THE WEST LINE OF AFORESAID EAST 521.20 FEET TO THE WEST ~/2 OF THE
NORTHEAST ~/4; THENCE SOUTH IN LAST DESCRIBED LINE A DISTANCE OF 150.18 FEET
TO THE ÞOINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
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Exhibit F
W 1/2
N. E. 1/4 Sec. 28 - 4 2 -II
WHEELING .'1
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Exhibit G
(page 1 of2)
/~
FI9pertylP.LN, #
Frontage (feet)
Proportion of Frontage
Slw'e crCast
Subject Property
03-28-201-008 and 305' 37.89% $ 30,011.66
03-28-201-026
Benefited Properties
03-28-201-020 100' 12.42% $ 9,831.55
03-28-201-014 120' 14.9J % $ 11,809.82
03-28-201-023 85' 10.56% $ 8,364.30
03-28-201-024 45' 5.59% $ 4,427.69
03-28-201-022 150' 18.63% $ 14,756.33
TOTAL
80S'
100%
$ 79,207.35
Exhibit G
(p.~ge 2 of 2)
PROJECT:
, CEMCON, LTD.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
: METRO FEDJ=RAL CREDIT:UNION
MOUNT PROSPECT, ILLINOIS
JOB NO.
903.441
DATE: NOVeM8BR 28,2001
Rf:VIBEO:
/Î
APPROX. UNIT
QUANTITY UNIT PRICE AMOUNT
.
- _..r
NO. ITEM.
~.
(.' OFfSIT~ WMERMAIN
1 B" DIWM CI. 56 w/PoJyethyleno Wrap
2 8" Valve In VaL/It, 4' Dia.
3 Hydrant,w/Aux. Valva Be aox
4 B" X 12" Pr6aaura Connection, 6' Dla. Vault
S 12" InsertIon Valvet 6' Dla Vault .
6 Parkway RssoratloTl wI Sod
7 Tree Removal
Total ottslta WatÐl'maln
1.1 01 . L.F, $ : 28.95 $ 31,873.95
1 EA. 2.400.00 q¡ 2,400.00
3 EA. ~,oco.oo $ 6,000.00
l' EA. 3,600.00 $ 3,800.00
1 EA. 11,sOD.OO $ 11,500.00
2,856 S.Y. 2.65 $ 7,833.40
1 l.S. 1 B,OOa.Co $ 16,000.00
$ 79,207.36