The following is a "model recapture agreement" as set forth in § 52.094:
MODEL RECAPTURE AGREEMENT
AN ORDINANCE REQUIRING THE PAYMENT OF FEES UPON COLLECTION TO ENABLE DEVELOPER LICENSEE TO RECAPTURE THE COST OF WATER, SANITARY SEWER, AND STREET IMPROVEMENTS BENEFITTING OTHER THAN HIS OWN PROPERTY.
WHEREAS, it is in the best interest of the Village of Winthrop Harbor to cooperate with Developers in providing safety and adequate streets, and sewer and water facilities in the Village.
WHEREAS, the Village of Winthrop Harbor does not have funds available to develop unimproved areas of the Village and wants to encourage Developers to improve developing areas beyond improving just the property owned by them.
WHEREAS, The Village of Winthrop Harbor will reimburse the Developer, for funds expended for improvement of properties not owned by the Developer, from funds to be received by the Village for changes, charges and fees as a result of the improvements.
WHEREAS, the Developer will dedicate the improvements to the Village of Winthrop Harbor.
WHEREAS, the Developer has, at the request of and under the authority and direction of the Village of Winthrop Harbor, been installing water and sanitary sewer facilities with improved roads, in accordance with plans and specifications heretofore approved by the Village of Winthrop Harbor, on (insert street name) in the Village of Winthrop Harbor.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF WINTHROP HARBOR, LAKE COUNTY, ILLINOIS,
Section 1: A license is hereby granted unto (insert Developer's Name), the Developer, individually and as agent for certain property owners, hereinafter referred to as "Licensee", for a period of five years from the date of passage of this Ordinance and automatically expiring at the expiration of such time unless renewed or extended by Ordinance of the Village of Winthrop Harbor, for the construction of an improved road, a water main and sanitary sewer extension in and upon (insert street name and/or location) in the Village of Winthrop Harbor, Illinois, the construction area being more specifically described as follows: (insert street name and/or location).
Section 2: The property which Licensee does not presently own but which will benefit from the streets or sewers and water mains, is legally described with Permanent Identification Numbers as follows:
(insert applicable P.I.N.'s)
Section 3: It should be noted that the property which the Licensee has been paid already, to wit: (insert all applicable properties and total dollar amounts for such properties).
Section 4: The following described property, to wit: (insert property description(s)) has been and is being benefited by such improvements and has not contributed to the cost thereof and is not owned by Licensee.
Section 5: Licensee has constructed or caused to be constructed, at their expense, water main and sanitary sewer in and upon (insert street name and/or location) and improved the roadway upon (insert street name and/or location) all in the Village of Winthrop Harbor.
Section 6: That the construction of the (insert street name and/or location) street, water main, and sanitary sewer improvements and extension have been in accordance with plans and specifications approved by appropriate officials of the Village and have been deeded to the Village of Winthrop Harbor upon the completion of all work, final inspection with engineering approval and acceptance will be by the Village of Winthrop Harbor, not sooner than one year following the date of completion of such work.
Section 7: That the construction of the street, water main, and sanitary sewer extensions shall be in accordance with plans and specifications approved by the Village of Winthrop Harbor.
Section 8: Before the Licensee proceeded further with the construction of the water main and sanitary sewer extensions, they or their agent must give their written approval of the terms and conditions of this Ordinance by signing acceptance thereof (attached hereto). The construction of said water main, and sanitary sewer extensions together with its connection to the existing system, now or at any time in the future, shall be subject to the inspection and approval of the Village of Winthrop Harbor.
Section 9: That the Licensee and other owners desiring to connect with the proposed extension shall make application therefor to the Village of Winthrop Harbor and shall pay therewith to the Village of Winthrop Harbor tap on fees and water and sewer front foot assessments as specified by the Ordinances of the Village of Winthrop Harbor. Licensee shall receive credit on such front foot assessments for property owned by the Licensee as per section 2 above.
Section 10: The Licensee, their heirs and assigns shall, from time to time, elect one of their group as Treasurer, and shall from time to time notify the Village Clerk of such officer. The Village Clerk shall pay all water and sewer front foot assessment charges collected on (insert street name and/or location) from each property connecting to said proposed sewer and water connection and road frontage until such time as Licensee has been reimbursed to the extent of (insert total cost of project) to such Treasurer upon collection thereof. The Village of Winthrop Harbor, or the Village Clerk shall have no responsibility or obligation towards said Licensee or anyone else concerning the collection and disbursement of said water and sewer connection charges, except that the Village, through the Village Clerk, shall be obligated to make the appropriate disbursement to said Treasurer of the Licensee if and when such funds are paid into the Village of Winthrop Harbor for that purpose. The Village of Winthrop Harbor and the Village Clerk shall have no responsibility or obligation to the Licensee for the proper disbursement of the funds after payment to the Treasurer so designated.
Section 11: The water main, sanitary sewer, storm sewer, and road extensions were completed, tested and connected to the present systems within two years from the date hereof; Licensee was responsible for obtaining all necessary permits including permits required by the Environmental Protection Agency.
Section 12: Notwithstanding anything to the contrary in this Ordinance, the Village of Winthrop Harbor shall have the sole ownership and control of any portion of the proposed extension which is located on any street, alley or other public way within the present or future corporate limits of the Village of Winthrop Harbor.
Section 13: The said Licensee shall execute a written acceptance of this Ordinance within thirty (30) days and shall thereby be deemed to have jointly and severally bound themselves and their heirs and assigns and successors in title, to all of the provisions of this Ordinance. The rights and obligations of said Licensee shall be deemed to run with the land and shall inure to and be binding upon said lots now owned by the Licensee. This Ordinance shall be effective immediately upon its passage and approval and shall constitute an agreement, when accepted, between the Village of Winthrop Harbor and said Licensee.
PASSED by the Board of Trustees this day of , 19 .
APPROVED:
MAYOR
ATTEST:
VILLAGE CLERK
THE UNDERSIGNED hereby accepts and approves the foregoing Ordinance.
IN WITNESS WHEREOF, we have hereto affixed our hand and seals this day of ,
LICENSEE: