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Village to stop enforcing two 2011 developer recapture agreements affecting 11 properties
Summary
Village Attorney explained two 2011 recapture agreements are unenforceable because the developer has died and the company dissolved; the board adopted an ordinance formally recording non-enforcement against 11 affected properties to give owners certainty about water-connection fees.
Village Attorney Zemenek summarized a legal issue affecting Fairfield 5 and Fairfield 7 subdivisions: two developer recapture agreements from 2011 remain recorded against 11 properties but the original developer company has dissolved and there is no successor entity to receive recapture payments. Zemenek said the agreements are not assignable and the village has no legal obligation to enforce them.
The proposed ordinance records the village's decision not to enforce the two recapture agreements against the titles to the 11 affected properties, relieving those owners from payment obligations under those agreements and removing a potential disincentive to connecting to village water. The board moved, seconded and approved the non-enforcement ordinance.
