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R-09-24 Approving an Agreement between Village of Lemont and Farmington Development Company418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: A Resolution Approving an Agreement between Village of Lemont and Farmington Development Company DATE: JanuaryXg024 SUMMARY/BACKGROUND As previously discussed at the December Committee of the Whole Meeting, staff is amenable to assuming maintenance and ownership responsibilities of the monument signs and adjacent areas of Covington Knolls Unit 8 from the developer (Gallagher & Henry) in absence of a homeowners association to do the same. We have agreed to do so at acceptance of the subdivision and upon terms and conditions acceptable to the Village engineer at a future date, estimated 12-18 months from now. However, the developer through their attorney has asked for an easement over the area now so that the remaining lots can be sold and the project can finish up. Staff, engineering and legal are amenable and the documents attached are necessary to move the request forward. The condition of sign, landscaping to be repaired and any other provisions still to be corrected will be addressed in the final punchlist before final takeover of the subdivision, which is expected sometime later this year or next. ANALYSIS Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Pass Resolution BOARD ACTION REQUESTED Motion to Pass (consent) ATTACHMENTS Lemont RES - Approving an Agreement with Farmingdale Development Company.pdf AGMT BETWEEN VILLAGE OF LEMONT FARMINGDALE - NEW CLEAN - 1-16-2024 (01095896xCO2B8).pdf EASEMENT AGREEMENT - NEW CLEAN - 1-16-2024 (01095897xCO2B8).pdf VILLAGE OF LEMONT RESOLUTION NUMBER R-01 -24 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND FARMINGDALE DEVELOPMENT COMPANY JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on ,;(1)&24 RESOLUTION NO. R--24 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND FARMINGDALE DEVELOPMENT COMPANY WHEREAS, Gallagher & Henry has been developing single-family detached and single- family townhomes in a development known as Covington Knolls Subdivision in the Village of Lemont; and WHEREAS, Gallagher & Henry has erected a monument sign (NE Monument Sign) at the northeast corner of Covington Drive and 1271h Street, which is partially located on Outlot 2 and partially located on Lot 465 identified on the Final Subdivision Plat; and WHEREAS, Gallagher & Henry has erected a monument sign (the NW Monument Sign) at the northwest corner of Covington Drive and 127th Street in the Village; and WHEREAS, Gallagher & Henry and the Village have agreed that upon acceptance of all construction of public improvements for Unit 8, the Village will assume responsibility for the repair, maintenance and replacement as necessary of the NE Monument Sign and the NW Monument Sign; and WHEREAS, in furtherance of such agreement, Gallagher & Henry shall convey to the Village and the Village will accept, an easement over that portion of Lot 465 for the purpose of maintaining the Northeast Monument Sign; and WHEREAS, the President and Board of Trustees have determined that the maintenance of monument signs will enhance the esthetics of the Village and thereby serve a corporate purpose. 2 NOW THEREFORE, be it resolved by the President and Board of Trustees of the Village of Lemont, Cook, DuPage and Will County, Illinois as follows: SECTION 1: The recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2: The agreement between the Village and Farmingdale Development Company, attached hereto as Exhibit A, including the grant of easement attached to the said agreement as Exhibit C are hereby approved subject to such amendments as may be authorized by the Village Administrator. SECTION 3: The Village President is authorized to execute the agreement and Grant of Easement on behalf of the Village. SECTION 4: If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this resolution. SECTION 5: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. 3 ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS bAY OF JANUARY 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: Charlene M. Smollen, Village Clerk OF �F v /ZLINO ca 11 f,. ohn Egofske, Village President STATE OF ILLINOIS ) SS COUNTY OF COOK CERTIFICATION I, Charlene Smollen, do hereby certify that I am the duly qualified and elected Village Clerk of the Village of Lemont, Cook, DuPage and Will County, Illinois, and that as such Village Clerk I do have charge of and custody of the books and records of the Village of Lemont, Cook County, Illinois. I do h by further certify that the foregoing is a full, true and correct copy of Resolution No. "I w l "A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND FARMINGDALE DEVELOPMENT COMPANY" adopted and approved by the President and Board of Trustees of the Village of Lemont, Illinois on January ,21,, 2024. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Lemont, Cook, DuPage and Will County, Illinois this tl day of January 2024. Charlene Smollen Village Clerk Village of Lemont Cook County, Illinois G� OF l� .r a -SAL 1ZCIN00 Prepared by, and when recorded, mail to: Carole Randolph Jurkash, Esq. One North Franklin Street, Suite 1200 Chicago, Illinois 60606 Property Address: 1389 Bainbridge Court Lemont IL 60439 Tax Number: 22-28-306-047-000 AGREEMENT BETWEEN VILLAGE OF LEMONT AND FARMINGDALE DEVELOPMENT COMPANY THIS AGREEMENT ("Agreement") is entered in on this .lay of vk-Aa- ( 2024, by and between the Village of Lemont, 418 Main Street, Lemont, Illinois 60439 ("Village") and Farmingdale Development Company, c/o Gallagher & Henry, 6280 Joliet Road, Countryside, Illinois 60525 ("Gallagher & Henry") and is as follows: WHEREAS, Gallagher & Henry has been developing single-family detached and single-family townhomes in a development known as Covington Knolls Subdivision in the Village of Lemont ("Lemont") under the terms and provisions of an Amended Consent Decree with the Village of Lemont and Lemont Village Ordinances. WHEREAS, pursuant to Resolution No. R-28-3-20, the Village of Lemont has approved a Final Plat of Subdivision ("Final Subdivision Plat") for a 26 unit single- family detached residential subdivision located at the corner of Covington Drive and 1271h Street in Lemont, Illinois known as Covington Knolls Unit 8 (the "Unit 8"). A copy of the Final Subdivision Plat is attached hereto as Exhibit A; WHEREAS, as of the date hereof, title to the land subject to the Final Subdivision Plat is held in a land trust, the beneficiary of which is Farmingdale Development Company; WHEREAS, Gallagher & Henry has erected a monument sign (the "NE Monument Sign") at the north east corner of Covington Drive and 127"' Street, which monument sign is partially located on Outlot 2 (dedicated to the Village) and partially {01095896 ; located on Lot 465 (owned by Gallagher & Henry) identified on the Final Subdivision Plat, as depicted on that certain site plan titled "Utility Plan Covington Knolls Phase 8" dated July 8, 2018 and last revised on July 3, 2019, prepared by Engineering Resources Associates attached hereto as Exhibit B (the "Site Plan"); WHEREAS, Gallagher & Henry has erected a monument sign (the "NW Monument Sign") at the northwest corner of Covington Drive and 127"' Street in Lemont, Illinois, on land donated by Gallagher & Henry to the Lemont Park District, pursuant to an agreement between the Lemont Park District and Orchard Hill Building Company entered into on December 10, 2007, and subsequently amended by an amendment dated August 19, 2019 (the "Park District Agreement"). WHEREAS, pursuant to the Park District Agreement, the Park District has assumed responsibility for maintenance of landscaping abutting the NW Monument Sign, but not for maintenance or replacement of the NW Monument Sign. WHEREAS, Gallagher & Henry and the Village have agreed that upon acceptance of all construction of public improvements for Unit 8 ("Effective Date"), the Village will assume responsibility for the repair, maintenance and replacement as necessary of the NE Monument Sign and the NW Monument Sign (collectively, the "Monument Signs"); WHEREAS, in furtherance of such agreement, Gallagher & Henry shall convey to the Village, and the Village will accept, an easement over that portion of Lot 465 within the easement area identified as the Utility and Drainage Easement as shown in the Final Subdivision Plat ("Public Easement Area"); and in addition, Gallagher & Henry shall make a cash donation to the Village; WHEREAS, the Monument Signs are public improvements adding to the character of the Covington Knolls neighborhood and are a benefit to the entire community. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Village and Gallagher & Henry hereby agree as follows: Recitals. The Recitals contained herein are incorporated into this Agreement as if frilly set forth. 2. Grant of Easement. On the Effective Date, Gallagher and Henry shall cause the trustee of the land trust to enter into an easement agreement, in form and substance reasonably satisfactory to the Village, whereby the Village shall be granted an easement over Lot 465 to enter upon the Public Easement Area for the purpose of maintenance, repair and replacement of the Monument Sign, substantially in the form attached hereto as Exhibit C (the "Easement Agreement"). {01095896; 2 3. Donation of Monument Signs. On the Effective Date, Gallagher & Henry shall donate to the Village all of its right, title and interest in the Monument Signs, and the Village shall accept the donation of the Monument Signs as public improvements in recognition of their benefit to the community. 4. Maintenance/Repair Responsibility. From and after the Effective Date, the Village shall assume full responsibility for the maintenance, repair and replacement of the Monument Signs, and Gallagher & Henry shall be released from any and all obligations from and after the Effective Date for any maintenance, repair and replacement of the Monument Signs. 5. Cash Donation. On or before the Effective Date, Gallagher & Henry shall make a cash donation of Seven Thousand Five Hundred Dollars ($7,500) to the Village. 6. Effective Date. The Effective Date shall be the date the public improvements required by the Village with respect to Unit 8 are accepted by the Village, or such earlier date as the Village and Gallagher & Henry may agree in writing. 7. Attorneys Fees and Costs. Each of the Village and Gallagher & Henry shall pay costs of its own counsel with respect to the preparation, negotiation and review of this Agreement, the Trustee's Deed, and the Easement Agreement, and all matters relating to any title examination or title insurance and survey costs. 8. Counterparts. This Agreement may be executed in counterpart originals with each counterpart being considered an original. 9. Recording. Promptly following execution hereof, this Agreement shall be filed by Gallagher & Henry in the real estate records of the Office of the Cook County Clerk. 10. Miscellaneous. This Agreement cannot be amended except in writing between the Village and Gallagher & Henry. [signatures appear on next page] {010959961 IN WITNESS WHEREOF, this Agreement is entered into on the day first and above written. VILLAGE OF LEMONT By: w. Name:14Av-John o 'sge"- 1010958961 4 Farmingdale Development Company d/b/a GALLAGHER & HENRY M. N Title: STATE OF ILLINOIS ss: COUNTY OF COOK a Notary Public in and for the County and State aforesaid, do hereby certify that ::�P &//— e.- who is personally known to me,to be the same person whose name is subscriibezi to the foregoing instrument as tP@�i o e a " of the Village of Lemont, appeared before me in person wledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of the Company for the uses and purposes therein set forth. Given under my hand and Notary Seal this v2�'1-+" day of u� , 2024. My Commission Expires: <3 1��✓ Notary Public: STATE OF ILLINOIS ) ) ss: COUNTY OF COOK ) I, ,JANET S. FISHER-SCHATZ OFFICIAL SEAL Notary Public - State of Illinois . My Commission Expires Mar 02, 2026 a Notary Public in and for the County and State aforesaid, do hereby certify that who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as of the Farmingdale Development Company d/b/a Gallagher & Henry, appeared before me in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of the Company for the uses and purposes therein set forth. Given under my hand and Notary Seal this day of , 2024. My Commission Expires: Notary Public: 1010958961 EXHIBIT C EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is entered into as of the _ day of , 20 , by and between CHICAGO TITLE AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED MARCH 22, 1979, AND KNOWN AS TRUST NUMBER 6275 ("Grantor"), and the VILLAGE OF LEMONT ("Grantee"). Grantor and Grantee may hereinafter be referred to individually as a "Party" or collectively as the "Parties". RECITALS WHEREAS, Grantor is the current owner of that certain parcel of land situated in the Village of Lemont, County of Cook, State of Illinois, which land is identified as Lot 465 on the Final Plat of Subdivision for a 26 unit single-family detached residential subdivision located at the corner of Covington Drive and 127`h Street in Lemont, Illinois known as Covington Knolls Unit 8 adopted by the Village of Lemont pursuant to Resolution No. R-28-3-20, and as more particularly described on Exhibit A attached hereto (the "Grantor Parcel"). WHEREAS, there is a monument sign ("Monument Sign") owned by the Grantor currently existing and partially located on the Grantor Parcel. WHEREAS, as of the date hereof, Fanningdale Development Company will donate the Monument Sign to the Grantor as a public improvement pursuant to that certain Agreement between Farmingdale Development Company, the beneficiary of Trust Number 6275, and the Village of Lemont, dated as of 12024. WHEREAS, Grantee has requested and Grantor wishes to grant and convey for the benefit of the Grantee, an easement, as more particularly described herein, in, to, over, under, across and through the Grantor Parcel. NOW THEREFORE, in consideration of the terms, covenants and conditions set forth herein and other valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: part hereof. AGREEMENT Incorporation of Recitals. The Recitals set forth above are incorporated herein and made a Grant of Easements. (a) Easement. Grantor hereby grants and conveys to Grantee and its successors and assigns a perpetual easement in, to, over, under, across and through a portion of the Grantor Parcel as set out below (the "Easement Area") for the put -pose of maintaining, operating, repairing, removing and replacing the Monument Sign, together with all incidental surface and subsurface improvements and appurtenances thereto (the "Easement"): Easement Area: This easement and use area is limited to the area on the Grantor Parcel which is designated as and for a public utility easement as shown on that certain Final Plat of Subdivision ("Final Subdivision Plat") for a 26 unit single-family detached residential subdivision located at the corner of Covington Drive and 127`' Street in Lemont, Illinois known as Covington Knolls Unit 8, as adopted by the Village of Lemont on June 23, 2020 pursuant to (010958971 Resolution No. R-28-3-20, and recorded with the Cook County Clerk on January 4, 2022 as Document Number 2200410017. A copy of the Final Subdivision Plat is attached hereto as Exhibit B. (b) Incidental Rights. Grantee and its successors and assigns shall have, and Grantor hereby grants and conveys to Grantee, the perpetual right of ingress and egress over a portion of the Grantor Parcel, as set out in the future by Grantor, for all reasonable purposes incidental to the grant of the Easement, including but not limited to the maintenance and removal of the applicable Monument Sign, and the removal of any improvements, trees, or other obstructions which in Grantee's reasonable discretion could interfere with the use of the Easement for its intended purposes, and such right of ingress and egress over the Grantor Parcel, with respect to the Easement's intended purposes, shall be exclusive to Grantee. (c) Maintenance of Easement. Grantee shall, at its sole cost and expense, maintain and repair the Monument Sign in good and safe order and condition. Any provision of this Agreement to the contrary notwithstanding, if Grantor or its employees, agents, contractors, customers, tenants, licensees and invitees cause any damage (beyond normal wear and tear) to the Monument Sign, Grantor shall bear, without right of reimbursement, all costs and expenses necessary to repair such damage. (d) Indemnity. Grantee shall and hereby does indemnify, defend and hold harmless Grantor for, from and against all claims, including any action or proceeding brought therein, and all costs, losses, expenses and liabilities (including reasonable attorneys' fees and costs of suit) arising from or in connection with the use of the Easement by Grantee or any of its employees, agents, contractors, customers, tenants, licensees and invitees, except to the extent caused by the negligence or willful misconduct of Grantor or any of Grantor's employees, agents, contractors, customers, tenants, licensees or invitees. The provisions of this Section shall survive any termination of this Agreement or the Easement. 3. Grantor's Rights. Grantor retains, reserves, and shall continue to enjoy the use of the Grantor Parcel, subject to this Agreement, provided such use does not adversely interfere with or prevent the use by Grantee (or its successors and assigns) of the rights granted hereunder. Nothing herein is to be construed as to restrict the Grantor's quiet enjoyment of the Grantor Parcel for any and all other uses. 4. Covenants Run With the Land. The rights, easements and obligations established in this Agreement will run with the land and shall inure to the benefit of, and bind, the Grantor Parcel and successors -in- title (all or any portion) to the Grantor Parcel. 5. Miscellaneous. This Agreement will be governed in accordance with the laws of the State of Illinois. In the event of any dispute arising from this Agreement or the use of the Easement, each Party shall and hereby does submit itself to the sole and exclusive jurisdiction of and agrees that property venue shall be in Cook County, Illinois. If either Party retains an attorney to enforce this Agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Each Party agrees to execute and deliver any additional documents and instruments and to perform any additional acts reasonably necessary or appropriate to perform the terms, provisions, and conditions of this Agreement and all transactions contemplated by this Agreement. The paragraph headings in this Agreement are for convenience only, will in no way define or limit the scope or content of this Agreement, and will not be considered in any construction or interpretation of this Agreement or any part of this Agreement. This Agreement contains the complete agreement of the Parties with respect to the (01095897 } subject matter hereof, and this Agreement may only be amended, modified or terminated by written agreement duly executed by the Parties, recorded in the real property records of County in which the Grantor Parcel is located. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement the day and year first above written. (Grantor Signature and Acknowledgment) GRANTOR: CHICAGO TITLE, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED MARCH 22, 1979, AND KNOWN AS TRUST NUMBER 6275 By: Name: Title: STATE OF ILLINOIS COUNTY OF COOK I, , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that , a of who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he/she executed said instrument on behalf of said limited liability company for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 120 Notary Public My Commission Expires: (01095897 ) (Grantee Signature and Acknowledgment) GRANTEE: VILLAGE OF LEMONT By: Name: Acm v Z 8 Title: K STATE OF ILLINOIS COUNTY OF COOK I,ue-fiS r��r/z- , a Notary Publi in and for the coun and stat aforesaid, DO HEREBY CER IFY that �K-e a /'P?SI P�1 � of 1 la r who is personal y known to me to be the same person whose name is subscrib d to th6 foregoing instrument as such, appeared before me this day in person and acknowledged that he/she executed said instrument on behalf of said limited liability company for the uses and purposes therein set forth. Given under my hand and notarial seal, this Aday of Z ah I,( CA Vq 20 ,7-/ Notary Publicq&4—i4VAe_%� My Commission Expires: �f2-`2.( {01095897 } J=OFFICIALSEAL SCHATZ AL(Vof IllinoisMy CMar 02, 2026 EXHIBIT A Grantor Parcel [Lot 465 as depicted in the Final Plat of Subdivision of Gallagher and Henry's Covington Knolls, Unit 8, in the Village of Lemont, Cook County, Illinois, recorded on January 4, 2022 as Document 2200410017.] Address: 1389 Bainbridge Court Lemont, Illinois 60439 PIN: 22-28-306-047-0000 {01095897)