O-88-05 11/14/2005IE?Iplll
ORDINANCE NO. ' fJ
Doct 0635415111 Fee: $76,00
Eugene 'Gene' Moore
Cook County Recorder of Deeds
Date: 12/20/2006 10:59 AM Pg; 1 of 27
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A .59
ACRE PARCEL LOCATED AT 1217 STATE STREET, LEMONT, ILLINOIS
(WASHINGTON MUTUAL)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 14TH DAY OF NOVEMBER, 2005
PUBLISHED IN PAMPHLET FORM BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONT, COOK, WILL AND DUPAGE
COUNTIES, ILLINOIS, THIS 14''''i DAY
OF NOVEMBER, 2005
ORDINANCENO. D` ' c?2
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FORA .59
ACRE PARCEL LOCATED AT 1217 STATE STREET, LEMONT, ILLINOIS
(WASHINGTON MUTUAL)
WHEREAS, the legal owners of record of the territory which is the subject of an
Annexation Agreement are ready, willing and able to enter into said agreement and perform the
obligations as required therein; and
WHEREAS, a copy of said Annexation Agreement has been attached hereto and included
herein; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the
execution of said agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK9 DUPAGE, AND
WILL, STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1: That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL,
ILLINOIS, on this 14th day of November, 2005.
AY$S NAYS ABSTAIN ABSENT
Debbie Blatzer ?/
Peter Coules ? J
Clifford Miklos
Brian Reaves J
Ron Stapleton
Jeanette Virgilio
Approved by me this 14s' day of November, 2005
OS LEMONT DEVELOPMENT, LLC.
ANNEXATION AGREEMENT
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Improvements
IV Dedication and Construction of Streets, Sidewalks,
Miscellaneous
V Easements and Utilities
VI Development Codes and Ordinances and General Matters
VII Approval of Plans
VIII Notice of Violations
IX Maintenance Bond
X Damage to Public Improvements
XI Binding Effect and Term and Covenants Running with the
Land
XII Notices
XIII Certificates of Occupancy
XIV Reimbursement of Village for Legal and Other Fees and
Expenses
XV Warranties and Representations
XVI Continuity of Obligations
XVII No Waiver or Relinquishment of Right to Enforce Agreement
XVIII Village Approval or Direction
XIX Singular and Plural
XX Section Headings and Subheadings
XXI Recording
XXII Authorization to Execute
XXIII Amendment
XXIV Counterparts
XXV Curing Default
XXVI Conflicts Between the Text and Exhibits
XXVII Severability
XXVIII Definition of the Village
XXIX Execution of this Agreement
EXHIBIT TITLE
A Legal Description of Subject Property
B Plat of Annexation of Subject Property
C Site Plan
D Preliminary Engineering Plan
E Preliminary Landscape Plan
F Building Rendering
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of 2p
between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and
Will, in the State of Illinois (hereinafter referred to as "VILLAGE") and OS Development Company,
LLC (hereinafter referred to as "OWNER "); and,
WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the
"TERRITORY ", the legal description of which is attached hereto as Exhibit "A" and by this
reference made a part hereof, and,
WHEREAS, the TERRITORY has not been annexed to any municipality; and,
WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed to the
VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7-I-1, et. seq.; and,
WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of this
Annexation Agreement; and,
WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal
regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible
undesirable or inharmonious use and development of unincorporated areas surrounding the
VILLAGE; and,
WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation
shall extend to the far side of every highway and shall include all of every highway not already
annexed; and,
WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section I 1-15.1 of the Illinois
Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and
various other matters; and,
WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has
duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said
hearing; and,
WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the
TERRITORY described in the Petition and has determined that the best interest of the VILLAGE
will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the
provisions of the Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter
contained, the parties agree as follows:
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ANNEXATION
1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal Code,
the parties hereto respectively agree to do all things necessary or appropriate to cause the
TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of this
agreement,
2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B". Said Plat
extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already
annexed and includes all of every highway within the TERRITORY so annexed.
ZONING AND LAND USE RESTRICTIONS
1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat
of annexation attached as Exhibit "B" shall be classified under the existing Zoning Ordinance No. 0-
25-99, as amended, as B-3 Arterial Commercial District. Prior to the date of this Agreement, such
public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification
as to the TERRITORY have been conducted upon proper notice, and no further action need be taken
by the OWNERS to cause the TERRITORY to be rezoned as a B-3 Arterial Commercial District
once the TERRITORY is annexed to the VILLAGE. The Zoning Board of Appeals conducted public
hearings as necessary to lawfully grant said Zoning Classification on March 15, April 7, April 19,
May 3, June 7 and July 5, 2005.
The TERRITORY shall be developed in accordance with the site plan, attached hereto and
incorporated herein as Exhibit "C", the Preliminary Engineering Plan, prepared by Compass
Consulting Group, Ltd. and dated September 23, 2004, attached hereto and incorporated herein as
Exhibit "D' ; Preliminary Landscape Plan, prepared by D.T. Donohue & Associates, Ltd. and dated
September 27, 2004 attached hereto and incorporated herein as Exhibit "E" and the building
elevation attached hereto and incorporated herein as Exhibit "F". The following conditions shall
apply:
I . The site construction, utility installation, and grading shall not commence until a
Site Development Permit has been issued by the Village.
2. The Final Engineering Plans shall be approved by the Village Engineer prior to
building permits being issued.
3. Building material samples shall be presented to the Village Board for review and
approval prior to the adopting of any ordinance approving an annexation
agreement for the subject property.
4. Lemont Joliet stone shall be used around the building to sill high including the
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piers (the enclosed elevations do not show this on the piers.
5. Standard sized earth tone colored brick shall be used.
6. The Washington Mutual logo shall be enclosed with a band of Lemont Joliet
stone.
7. A rendering showing all four elevations shall be provided for the Village Board
meeting.
8. A final Landscape Plan shall be submitted for review and approval by the
Community Development Department.
9. The two signs proposed on the south elevation shall be eliminated.
10. Cementious materials shall be used above the entry way.
2. Zoning Variations. To facilitate the development of the subject property, the VILLAGE
agrees to grant, by ordinance, the following zoning variation:
1. A variation to reduce the east property line landscape buffer from 20 foot to 10
feet.
The variations shall apply only to the improvements described in the site plan and
preliminary engineering exhibits and shall be null and void for other types of buildings or structures.
Nothing shall preclude OWNER, its successors or assigns from submittal of an application for other
zoning relief in the event plans are changed.
3. Building Permits. Within 30 days after receipt of an application by OWNERS for a
building permit for construction of any buildings, or other improvements on the TERRITORY, the
VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such
construction subject to satisfaction of specified conditions consistent with the terms of this
Agreement, or issue a letter of denial of such permit specifying the basis of said denial by reference
to the provisions of the VILLAGE's Building Code applied in accordance with this Agreement,
which the subject construction would allegedly violate. If the VILLAGE conditionally approves
such a permit, the VILLAGE shall issue the permit unconditionally within five (5) working days
after satisfaction by the OWNER of the specified conditions.
Any stop order issued by the VILLAGE directing work stoppage on any building or other
improvement on the TERRITORY shall specify the section of the VILLAGE's Building Code
allegedly violated by the OWNER and shall give the OWNER 30 days in which to cure or diligently
commence cure of such violation. Upon correction of any such violation, work on any improvement
subject to a stop order may recommence.
4. It is understood and agreed, except as otherwise provided for herein, the Zoning,
Subdivision Regulations, Building Code and all other ordinances including all fees and charges of
the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the
same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the
TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties
that during the term of this Agreement, no use permitted under the B-3 Arterial Commercial District
at the time of the execution of the Agreement shall be denied to the OWNER, their successors or
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assigns, unless the zoning classification of the TERRITORY is amended by the petition of the
OWNER, their successors or assigns, or unless the VILLAGE shall comprehensively amend its
Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning
Ordinance, the TERRITORY shall be designated the zoning district most comparable to the B-3
Arterial Commercial District and permitting the commercial development.
III
REQUIRED IMPROVEMENTS
1. Water Supply. OWNER shall construct and install at their expense all necessary on-site
water mains to service the TERRITORY. All water mains shall be constructed and installed in
accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE.
The VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities
of the VILLAGE and to furnish water service on the same basis as said services are furnished to
other parts of the VILLAGE.
2. Sanitary and Storm Sewers. OWNER shall construct and install at their expense all
necessary sanitary sewers to service the TERRITORY in accordance with the Subdivision
Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The
VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer
facilities of the VILLAGE and to furnish sewer service on the same basis as said services are
furnished to other parts of the VILLAGE. OWNER agrees that no surface water is to be discharged
into the sanitary sewerage collection system and will make adequate provisions that this will not
occur. Tap-on fees required by the Village shall not be waived. All detention areas and storm sewers
shall be owned and maintained by the OWNER, with right of access by the VILLAGE for emergency
maintenance purposes.
IV
DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS;
MISCELLANEOUS
1. Streets. All streets have been developed and approved by the State or Cook County. No
additional improvements are required by the VILLAGE.
2. Construction Hours. The OWNER shall be responsible for strict observation of the
construction hours regulations of the VILLAGE on behalf of all persons and companies
engaged in construction activity within the DEVELOPMENT, whether related to the
installation of public improvements or building construction. It is agreed that the VILLAGE
shall issue stop-work orders, tickets, and fines as reasonably necessary to enforce its
construction hours regulations.
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3. Maintenance. The OWNER shall be responsible for maintenance of the public
street during construction.
4. Debris. OWNER shall be required to keep all streets within and adjoining the
TERRITORY free from mud and debris generated by any new construction activity on the
TERRITORY. Such streets must be cleaned at least once daily. For each day that the streets
are not cleaned as required hereunder during construction, OWNER shall be subject to a fine
as provided in Section XX "Violation Penalty" of the Subdivision Regulations. If any such
fine is not promptly paid, the VILLAGE shall have the right to stop any and all further
construction until paid.
5. Fire Protection Impact Donation. The OWNER agrees to pay, and the VILLAGE
shall collect on behalf of the Lemont Fire Protection District, the sum of $0.08 per square
foot of gross floor area in the proposed building on the property ($0.16 per square foot for
any building not equipped with a fire suppression system) prior to the issuance of any
building permits.
V
EASEMENTS AND UTILITIES
The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, all
necessary easements for the extension of sewer, water, street, or other utilities, including cable
television, or for other improvements, subject to the provisions of the Subdivision Control
Ordinance, which may serve not only the TERRITORY, but other TERRITORY in the general area,
if requested by the VILLAGE in the future.
All such easements to be granted shall name the VILLAGE and/or other appropriate entities
designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to
obtain all easements, both on site and off site, necessary to serve the TERRITORY.
All electricity, telephone, cable television and gas lines shall be installed underground, the
location of which underground utilities shall be at the OWNER' option, upon approval of the
respective utility company.
VI
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS
The development of the TERRITORY annexed shall be in accordance with the existing
building, zoning, subdivision, storm water retention and other developmental codes and ordinances
of the VILLAGE as they exist on the date each respective permit for development is issued. Planning
and engineering designs and standards shall be in accordance with the then existing ordinances of the
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VILLAGE or in accordance with the statutes and regulations of other governmental agencies having
jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at
such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the
OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued.
No occupancy permit shall be issued for any for any building prior to the completion of the
required public improvements, including street signs. Provided, however, the construction and
installation of the public improvements to be done by OWNER may be commenced at any time after
OWNER has delivered to VILLAGE an irrevocable letter of credit, in a form satisfactory to, and
from a bank or other financial institution approved by, the VILLAGE in the amount of 125% of the
OWNER Engineer's estimate of the cost of construction and installation of all such public
improvements as approved by the VILLAGE Engineer, including all required lighting, sidewalks,
landscaping, street trees, sewer and water lines and storm water management facilities, except to the
extent such facilities are to remain private, and after approval of a site development permit by the
VILLAGE. At no time shall the Letter of Credit funds be utilized by the OWNER for the future
payment of contractors, materials salaries and wages and the like. The VILLAGE makes no
guarantees regarding the timely reduction of said Letter of Credit and therefore should not be used
for time-sensitive payment purposes. The VILLAGE Engineer may, in his/her discretion,
recommend the amount of said letter of credit to be reduced, from time to time, as major public
improvements are completed, upon approval of the VILLAGE Board.
OWNER, at OWNER's own cost, agrees to provide the VILLAGE "as built", engineering
plans and specifications upon substantial completion of the public improvements or at the request of
the VILLAGE Engineer but in no event later than the time required by Ordinance No.456, as
amended.
It is agreed that all of the public improvements contemplated herein shall upon acceptance
thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal
facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain
said public improvements. Acceptance of said public improvements shall be by resolution of the
President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer
Consultant has issued his Certificate of Inspection affirming the improvements have been
constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees to
convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof,
the public improvements constructed in accordance with the Approved Engineering Plans and
Specifications.
OWNER agrees not to let debris or excessive construction waste accumulate on the
TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE,
remove all debris from the locations as specified by the VILLAGE. If debris is not removed within
this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in
this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon
the Letter of Credit if OWNER removes the debris as directed by the VILLAGE within the ten (10)
day notice period.
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VII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and
engineering submitted to VILLAGE by OWNER. IF VILLAGE shall determine that any such
submission is not in substantial accordance with this Agreement and applicable ordinances, the
VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission
so that OWNER can make any required corrections or revisions.
V ill
NOTICE OF VIOLATIONS
The VILLAGE will issue no stop orders directing work stoppage on building or parts of the
project without giving notice of the Section of the Code allegedly violated by OWNER, so the
OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER
shall have an opportunity to correct possible violations. This paragraph shall not restrain the
Building Official from issuing a stop work order in any case where he considers a continuation of the
work to constitute a threat to the health or safety of the public or personnel employee on or near the
site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public
hearing, proposed building code changes and policy changes or other matters which may affect the
TERRITORY of development of it under this Agreement.
IX
MAINTENANCE BOND
At the time or times of acceptance by VILLAGE of the installation of any part, component or
all of any public improvement in accordance with this Section, or any other section of the
Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five
percent (5%) of the cost of the installation of the public improvement accepted by VILLAGE. This
bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve
(12) months after completion and acceptance of all improvements. In the event of a defect in
material and/or workmanship within said period, then said Bond shall not be returned until
correction of said defect and acceptance by VILLAGE of said corrections.
X
DAMAGE TO PUBLIC IMPROVEMENTS
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The OWNER shall replace and repair any damage to public improvements installed within,
under or upon the subject realty resulting from construction activities by OWNER, their successors
or assigns and their employees agents, contractors or subcontractors during the term of this
Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from
ordinary usage, wear and tear.
XI
BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
successor owner's of record of the TERRITORY, assignees, lessees and upon any successor
municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from
the date of execution hereof,
The terms and conditions of this Agreement relative to the payment of monies to the various
VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public
improvements, granting of easements to the VILLAGE, dedication of rights-of-way to the VILLAGE
and the developmental standards established herein shall constitute covenants which shall run with
the land.
It is further agreed that any party to this Agreement, either in law or in equity, by suit, action,
mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have
other such relief for the breach thereof as may be authorized by law or that by law or in equity is
available to them.
XII
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in writing and
shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return
receipt requested, as follows:
For the VILLAGE:
1. Village President
418 Main Street
Lemont, IL 60439
2. Village Clerk
418 Main Street
8
Lemont, IL 60439
3. Village Administrator
418 Main Street
Lemont, IL 60439
For OWNER:
Or such other addresses that any party hereto may designate in writing to the other parties pursuant to
the provisions of this Section.
XIII
CERTIFICATES OF OCCUPANCY
1. Within five (5) days after request by OWNER for a final inspection of a building within
the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such building or
issue a letter of denial of a certificate of occupancy identifying the correction necessary as a
condition of a certificate of occupancy and specifying the section of the Building Code relied on by
the VILLAGE in its request for correction.
2. The VILLAGE, in accordance with the requirements and customary practice of the
VILLAGE Building Department, will grant provisional permits for structures between November I st
and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior
concrete or asphalt work for any such structure (it being understood that if other work remains to be
done, no occupancy permit, provisional or otherwise, will be issued).
As a condition of the issuance of any such provisional occupancy permit, the OWNER shall
provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the
outstanding work, which timetable shall be deemed a part of the occupancy permit.
XIV
REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES
1. To Effective Date of Agreement. The OWNERS/DEVELOPER, concurrently with
annexation and zoning of the property or so much thereof as required, shall reimburse the VILLAGE
for the following expenses incurred in the preparation and review of this Agreement, and any
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ordinances, letters of credits, plats, easements or other documents relating to the TERRITORY:
a. all attorney's fees incurred by the VILLAGE; and
b. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and
copying expenses; and
2. From and After Effective Date of Agreement. Except as provided in the paragraph
immediately following this paragraph, upon demand by VILLAGE made by and through its
President, OWNERS/DEVELOPER from time to time shall promptly reimburse VILLAGE, for all
enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the
Agreement, including and limited to engineering fees, cost of any easements, attorney's fees and out
of pocket expenses involving various and sundry matters such as, but not limited to, preparation and
publication, if any, of all notices, resolutions, ordinances, and other documents required hereunder,
and the negotiation and preparation of letters of credit and escrow agreements to be entered into as
security for the completion of land improvements.
Such costs and expenses incurred by the VILLAGE in the administration of the Agreement
shall be evidence to the OWNERS/DEVELOPER upon its request, by a sworn statement of the
VILLAGE; and such costs and expenses may be further confirmed by the OWNER/DEVELOPER at
its option from additional documents relevant to determining such costs and expenses as designated
from time to time by the OWNERS/DEVELOPER.
Notwithstanding the immediately preceding paragraph, OWNERS/DEVELOPER shall in no
event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid
more than once, whether such are reimbursed or paid through special assessment proceedings,
through fees established by VILLAGE ordinances or otherwise.
In the event that any third party or parties institute any legal proceedings against the
OWNER/DEVELOPR and/or the VILLAGE, which relate to the terms of this Agreement, then, in
that event, the OWNERS/DEVELOPER, upon written notice from VILLAGE, shall assume, fully
and vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating
thereto: provided, however:
a. OWNERS/DEVELOPER shall not make any settlement or compromise of the
lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment,
without the approval of the VILLAGE, which approval shall not be unreasonable
withheld.
XV
WARRANTIES AND REPRESENTATIONS
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The OWNER represents and warrants to the VILLAGE as follows:
1. That OS Development Company, LLC hereof is the legal title holder and owner
of record of the respective parcels of the TERRITORY.
2. That the OWNER proposes to develop the TERRITORY in the manner
contemplated under this Agreement.
3. That other than the OWNER, no other entity or person has any interest in the
TERRITORY or its development as herein proposed.
4. That OWNER has provided the legal description of the TERRITORY set forth
in this Agreement and the attached Exhibits and that said legal descriptions are
accurate and correct.
XVI
CONTINUITY OF OBLIGATIONS
Notwithstanding any provisions of this Agreement to the contrary, including but not limited
to the sale and/or conveyance of all or any part of the TERRITORY by OWNER, OWNER shall at
all times during the term of this Agreement remain liable to VILLAGE for the faithful performance
of all obligations imposed upon them by this Agreement until such obligations have been fully
performed or until VILLAGE, at its sole option, has otherwise released OWNER and from any all of
such obligations.
XVII
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
Failure of any party to this Agreement to insist upon the strict and prompt performance of the
terms covenants, agreements, and conditions herein contained, or any of them, upon any other party
imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right
thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in
full force and effect.
XVIII
VILLAGE APPROVAL OR DIRECTION
Where VILLAGE approval or direction is required by this Agreement, such approval or
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be given
only after and if all requirements for granting such approval have been met unless such requirements
are inconsistent with this Agreement.
XIX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
shall include the singular.
XX
SECTION HEADINGS AND SUBHEADINGS
All section headings or other headings in this Agreement are for general aid of the reader and
shall not limit the plain meaning or application of any of the provisions thereunder whether covered
or relevant to such heading or not.
XXI
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the OWNER at
the expense of the OWNER within 30 days after the execution hereof.
XXI
AUTHORIZATION TO EXECUTE
The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and
VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their
authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances,
partnership agreements, letters of direction or other documents required to legally evidence the
authority to so execute this Agreement on behalf of the respective parties.
XXIII
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AMENDMENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless authorized in accordance with law and reduced in writing and signed by them.
XXIV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
XXV
CURING DEFAULT
It is understood by the parties hereto that time is of the essence of this Agreement. The
parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from
written notice of such default.
XXVI
CONFLICT BETWEEN THE TEXT AND EXHIBITS
In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
attached hereto, the text of the Agreement shall control and govern.
XXVII
SEVERABILITY
If any provision of this Agreement is held invalid by a court of competent jurisdiction or in
the event such court shall determine that the VILLAGE does not have the power to perform any such
provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall
not affect any of the other provisions contained herein, and such judgement or decree shall relieve
VILLAGE from performance under such invalidity thereof shall not affect any of the other
provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance
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under such invalid provision of this Agreement.
XXVIII
DEFINITION OF VILLAGE
When the term VILLAGE is used herein it shall be construed as referring to the Corporate
Authorities of the VILLAGE unless the context clearly indicates otherwise.
XXIX
EXECUTION OF AGREEMENT
This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE
shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the
effective date of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first above written.
VILLAGE OF LEMONT
an Ill
By:
ATTEST:
By:
Village Clerk
OWNER:
ACKNOWLEDGMENTS
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK)
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY
CERTIFY that JOHN F. PIAZZA personally known to me to be the President of the
Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk
of said municipal corporation, and personally known to me to be the same persons whose names are
14
subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that as such President and Village Clerk, they signed and delivered the said instrument
and caused the corporate sea] 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.
under my hand and official seal, this 44n day of 20b-?.
Notary Pub)[i? 1
My commission expires OFFICIAL SEAL 20
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.13.2DN
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK)
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above-named , 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 acknowledged that they signed and delivered the said instrument as their own
free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this day of 20
Notary Public
My commission expires
20
15
EXHIBIT "A"
LOT 3 IN LEMONT HIGHLANDS SUBDIVISION, A SUBDIVISION OF THE SOUTH 372.5 FEET OF
THE EAST % OF THE SOUTHWEST 114 OF SECTION 29, TOWNSHIP 37, NORTH, RANGE 11,
EST OF TE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID SUBDIVISION
RECORDED MARCH 16, 1949 AS DOCUMENT NUMBER 14513964 IN COOK COUNTY,
ILLINOIS.
16
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