O-17-24 Approving an Annexation Agreement for 14447 131st Street418 Main Street I Lemont, IL 60439
TO: Village Board Meeting
FROM: Jamie Tate, Community Development
THROUGH: Jason Berry, CEcD, AICP, Economic & Community Development Director
SUBJECT: An Ordinance Approving an Annexation Agreement for 14447 131st Street
in Lemont, IL (DJK Custom Homes)
DATE: May 13, 2024
SUMMARY/BACKGROUND
The proposed Annexation Agreement between the Village of Lemont and the property owner,
DJK Custom Homes, will allow for the construction of one detached single-family home on the
5.1-acre vacant land accessed from 130th Street via Magdalena Drive. The annexation
agreement addresses access and maintenance, possible future utility easements and other
typical development expectations.
ANALYSIS
The public hearing for the annexation agreement was held on May 13, 2024.
Consistency with Village Policy
Lemont 2030 Comprehensive Plan
STAFF RECOMMENDATION
Staff is recommending approval of the attached ordinance.
BOARD ACTION REQUESTED
A motion to approve the attached ordinance.
ATTACHMENTS
Ordinance Approving Annexation Agreement for 14447 131 st St for DJK Custom Homes
VILLAGE OF LEMONT
ORDINANCE NO. '
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 5.1-ACRES LOCATED AT 14447 131st STREET IN LEMONT,
ILLINOIS
(DJK Custom Homes)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 13th DAY OF MAY, 2024
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois, this 13th day of
May, 2024.
ORDINANCE NO. `47 I-1-1
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 5.1-ACRES LOCATED AT 14447 131St STREET IN LEMONT,
ILLINOIS
(DJK Custom Homes)
WHEREAS, the Village of Lemont desires to enter into an Annexation Agreement with
DJK Custom Homes, Inc. (hereinafter referred to as "Developer" or "Owner") for the subject
property described and depicted in Exhibit A attached hereto and made a part hereof; and
WHEREAS, the Developer is the owner of record of real estate (hereinafter referred to as
the "Territory"), comprising of 5.1 acres and subject to said Annexation Agreement and is ready,
willing and able to enter into said Annexation Agreement and to perform the obligations required
hereunder; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the
approval and execution of said Annexation Agreement have been fully complied with, including
but not limited to, the holding of a public hearing on May 13, 2024 before the corporate authorities
of the Village of Lemont and the passage of this ordinance by a 2/3 affirmative vote.
NOW, THEREFORE BE IT ORDAINED by the Village President and Board of
Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, Illinois as follows:
SECTION ONE: That the President be and is hereby authorized and directed to
execute, and the Village Cleric is authorized and directed to attest, to a document known as The
Annexation Agreement for 14447 131" Street, a copy of which is attached hereto as Exhibit B
and made a part hereof.
SECTION TWO: The Village Clerk is authorized and directed to record a certified
copy of the Annexation Agreement for 14447 13Is' Street in the office of the Cook County
Recorder of Deeds after its execution and the attachment of all appropriate exhibits.
SECTION THREE: 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, WILL, AND DuPAGE,
ILLINOIS, on this 13"' day of May, 2024.
Janelle Kittridge
Dave Maher
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS:
V
ABSENT: ABSTAIN
J N EGOSKE, Village President
At s
CHARLENE M. SMOL EN, Village Clerk
1a
Exhibit A
Plat of Annexation
22-33-203-°=° PLAT OF ANNEXATION
TO THE VILLAGE OF LEMONT, ILLINOIS
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PAR.R,bR. PLAT OF ANNEXAAON
e ENGINEERING `A.. D13932 2 „ u
RESOURCE ASSOCIATES : DJK CUSTOM HOMES TO THE
VILLAGE OF LEMONT
Exhibit B
Annexation Agreement
PROPERTY ADDRESS:
14447 131ST STREET
LEMONT, IL 60439
P.I.N.
22-33-203-020-0000
RETURN TO:
VILLAGE OF LEMONT
VILLAGE CLERK'S OFFICE/
COMMUNITY DEVELOPMENT DEPT.
418 MAIN STREET
LEMONT, IL 60439
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is entered into this day of
i tOM 2024 ( "EFFECTIVE DATE"), between the VILLAGE OF LEMONT, Illinois
("VILE GE") and DJK Custom Homes, Inc., an Illinois corporation ("OWNER AND
DEVELOPER") individually "Party" and collectively "Parties".
RECITALS
1. WHEREAS, OWNER AND DEVELOPER is the owner of record of the real property
described in EXHIBIT A attached hereto, consisting of approximately 5.1 acres which is
contiguous to the VILLAGE and not within the corporate limits of any municipality ("SUBJECT
PROPERTY"); and
2. WHEREAS, OWNER AND DEVELOPER has signed and filed a Petition for Annexation
with the Village of Lemont Village Clerk for the SUBJECT PROPERTY; and
3. WHEREAS, all notices, publications, public hearings and all other matters attendant to
such Petition for Annexation, have been given, held or performed as required by statute and the
VILLAGE'S ordinances, regulations, and procedures; and
4. WHEREAS, the VILLAGE'S corporate authorities have considered the annexation of the
SUBJECT PROPERTY and have determined the Petition for Annexation to be in order; and
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5. WHEREAS, the OWNER AND DEVELOPER propose that the SUBJECT PROPERTY
be developed pursuant to the zoning classification specified in the VILLAGE'S Zoning Ordinance,
and the terms and conditions set forth and referenced herein; and
6. WHEREAS, in addition to the matters specified above, the parties hereto have considered
all other matters and hereby agree that the development of the SUBJECT PROPERTY for the uses
permitted in the R-I Single -Family Detached Residential District of the VILLAGE'S Zoning
Ordinance and in accordance with the terms and conditions of this Agreement will inure to the
benefit of the VILLAGE and its residents, will promote the VILLAGE'S sound planning and
development, and will otherwise enhance and promote the general welfare of the VILLAGE'S
residents; and
7. WHEREAS, the VILLAGE and OWNER AND DEVELOPER have determined that the
development of the SUBJECT PROPERTY should proceed as conveniently as possible and be
subject to the ordinances, codes and regulations of the VILLAGE, now in force and effect and as
amended from time to time, unless specifically amended as part of the special terms and conditions
contained in this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual promises contained
herein, the parties agree as follows:
0a
GENERAL CONDITIONS FOR
THE ANNEXATION OF THE SUBJECT PROPERTY
1_0 RECITALS.
1.1 The above -stated Recitals are a material part of this Agreement and are
hereby incorporated herein by reference.
2.0 ANNEXATION, ZONING AND DEVELOPMENT.
2.1 The SUBJECT PROPERTY shall be zoned R-1 Single -Family Detached
Residential District.
2.2 A plat of annexation in conformance with the statutory requirements and
prepared by Engineering Resource Associates, Inc., dated November 2, 2023 is attached hereto as
EXHIBIT B and incorporated herein by reference.
2.3 If this Agreement and the ordinance approving this Agreement, and those
ordinances pertaining to the SUBJECT PROPERTY which were approved by the VILLAGE
concurrently with this Agreement, are not recorded with the Cook County Recorder of Deeds
within the timeframe set forth in said ordinances, said ordinances, and all exhibits thereto,
including but not limited to this Agreement, shall be automatically null and void without further
action being taken by the VILLAGE.
2.4 Any fiiture development of or construction on the SUBJECT PROPERTY
shall be in full compliance with the VILLAGE'S Unified Development Ordinance, Zoning
Ordinance, Subdivision Regulations, Building Code and other ordinances, codes, rules and
regulations of the VILLAGE pertaining to the development of the SUBJECT PROPERTY, except
as may be specifically amended pursuant to the terms of this Agreement.
2.5 The Subject Property shall be developed with one (1) single family detached
residence.
3.0 ANNEXATION FEES.
3.1 The Annexation Fee calculated in accordance with Chapter 17.29 Appendix
A of the Lemont Municipal Code for the SUBJECT PROPERTY is $225.00 which shall be paid
at the first building permit issued.
4.0 PARK DISTRICT ANNEXATION AND DONATION FEE.
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4.1 The SUBJECT PROPERTY is currently within the boundary of the Lemont
Park District and annexation to the Park District is not required.
4.2 Pursuant to Section 17.18.080 of the Lemont Municipal Code, the park
donation fee shall be $4,348.50 and payable at the time the first building permit is issued.
5.0 SCHOOL DISTRICT DONATION FEE.
5.1 The SUBJECT PROPERTY is currently within the boundary of Lemont
High School District 210, Lemont- Bromberek Comb. SD I I3A;
5.2 Pursuant to Section 17.18.080, the school donation fee shall be $2,553.93
and payable at the time of the first building permit is issued.
5.3 School District fee is based upon construction of a detached 3-bedroom
single-family home according to Section 17.18.090 and if the number of bedrooms shall change
prior to building permit issuance, the fees shall adjust according to Section 17.18.090 and Table
17-18-03.
6.0 LIBRARY DISTRICT DONATION FEE.
6.1 The SUBJECT PROPERTY is currently within the boundary of the Lemont
Public Library District;
6.2 Pursuant to Section 17.18.080, the library donation fee shall be $132.22 and
payable at the time the first building permit is issued.
7.0 PUBLIC SAFETY DONATION FEE.
7.1 Pursuant to Section 17.18.140, the public safety donation fee shall be
$1,000 and payable at the time the first building permit is issued.
8.0 UTILITY LINES AND EASEMENTS.
8.1 OWNER AND DEVELOPER shall grant to the VILLAGE, at no cost to
the VILLAGE, any easements within the SUBJECT PROPERTY which the VILLAGE may
determine are necessary for the purposes of constricting, installing, replacing and maintaining
sanitary sewers, water mains, electric service facilities, and other utilities necessary or incidental
to service the SUBJECT PROPERTY.
8.2 The VILLAGE shall allow OWNER AND DEVELOPER to use existing
and future easements obtained by the VILLAGE from other parties for the purpose of providing
sanitary sewers, water mains and other utilities to service the SUBJECT PROPERTY.
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9.0 WATER SUPPLY AND DISTRIBUTION SYSTEM AND SANITARY
SEWER COLLECTION SYSTEM.
9.1 OWNER AND DEVELOPER shall be solely responsible for the cost and
expense incurred to extend the VILLAGE'S water distribution system and sanitary sewer
collection system to the SUBJECT PROPERTY.
9.2 The VILLAGE shall permit the connection of the one (1) single family
detached residence to be built on the SUBJECT PROPERTY to the VILLAGE'S water supply and
sanitary sewer systems said connections at the Owner and Developer's sole cost and expense.
9.3 OWNER AND DEVELOPER shall be responsible for the cost of all water
lines and sanitary sewer lines and related appurtenances located on the SUBJECT PROPERTY.
9.4 OWNER AND DEVELOPER shall also be responsible to pay for all
infrastructure availability charges, connection fees and user fees for the VILLAGE'S water
distribution system and sanitary sewer system as set forth in the VILLAGE'S ordinances, rules,
and regulations.
10.0 WASTEWATER TREATMENT PLANT CAPACITY.
10.1 The VILLAGE represents and warrants that at the time building permit are
requested, sufficient wastewater treatment capacity shall exist to provide complete and adequate
wastewater treatment services for the SUBJECT PROPERTY without payment of any fees other
than those specified in Subsection 8.2 of this Agreement.
10.2 OWNER AND DEVELOPER shall pay all applicable wastewater
infrastructure availability charges, connection fees and customary wastewater user fees in
accordance with Title 13 of the Lemont Municipal Code, as amended and any riles and regulations
promulgated pursuant to Title 13.
11.0 UTILITY OVERSIZING.
11.1 OWNER AND DEVELOPER shall construct and install at its sole cost and
expense all water and sanitary sewer lines shown on the approved building permit plans submitted
for the development of the SUBJECT PROPERTY.
11.2 The VILLAGE shall pay for oversized water or sanitary sewer lines
constructed as required by the VILLAGE in accordance with the provisions of this Section to
provide for increased capacity, not merely to compensate for slope differential.
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11.3 Upon installation and acceptance by the VILLAGE of said oversized lines,
for residential lines, the VILLAGE shall reimburse the OWNER AND DEVELOPER for the
difference between the cost to construct the VILLAGE's standard line and the cost to construct
the oversized line.
12.0 ROAD IMPROVEMENT.
12.1 Except as otherwise provided herein this Paragraph 10, the VILLAGE and
OWNER AND DEVELOPER agree that no improvements to the 130th Street hammerhead shall
be required.
12.2 OWNER AND DEVELOPER shall not be required to extend the 130th
Street hammerhead to the Subject Property.
12.3 OWNER AND DEVELOPER shall install a driveway at OWNER AND
DEVELOPER's sole cost and expense from the 130th Street hammerhead to the Subject Property
as depicted on the plans attached hereto as Exhibit C (the "Driveway Improvement").
12.4 The VILLAGE shall grant all temporary construction and ingress/egress
easements necessary for construction and use of the Driveway Improvement.
12.5 The VILLAGE shall be responsible for maintenance and repair of the 130`h
Street hammerhead.
12.6 OWNER AND DEVELOPER shall be responsible for maintenance and
repair of the Driveway Improvement.
12.7 OWNER AND DEVELOPER shall construct a new water service tap to the
existing main located in Magdalena Drive.
12.8 OWNER AND DEVELOPER shall provide water service to the Subject
Property via connection to the newly installed water main tap along Magdelena Drive.
12.9 OWNER AND DEVELOPER, its successors, designees, or assignees shall
be responsible for maintenance and repair of the water line between the Subject Property and the
b-box located at Magdalena Drive.
12.10 OWNER AND DEVELOPER, its successors, designees, or assignees agree
to provide a future 10-foot utility easement in the event there would ever be the need to extend the
water main to an adjacent property, so long as the easement complies with the public utility and
drainage easement provisions of the Lemont Municipal Code and does not impair the use and
enjoyment of the Subject Property.
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13.0 SPECIAL CONNECTION FEES, RECAPTURE FEES, SPECIAL
ASSESSMENTS OR SPECIAL SERVICE AREAS TAXES.
13.1 The VILLAGE represents and warrants that there are no outstanding
recapture agreements, utility rebates, special connection fees, special assessment, or special service
area taxes applicable to the Subject Property.
14.0 EMERGENCY ACCESS.
14.1 OWNER AND DEVELOPER agrees to maintain, at OWNER AND
DEVELOPER'S cost, access for emergency vehicles throughout the construction on the
SUBJECT PROPERTY, which access shall be subject to the Fire District's approval.
15.0 REFUSE AND WEED CONTROL.
15.1 During all phases of construction, OWNER AND DEVELOPER shall
provide a sufficient number of construction -sized dumpsters to contain all trash and debris
generated throughout the SUBJECT PROPERTY.
15.2 OWNER AND DEVELOPER shall prevent the said dumpsters from
overflowing and shall prevent debris from blowing from the SUBJECT PROPERTY by having
the containers emptied as soon as reasonably possible once they are filled.
15.3 OWNER and DEVELOPER shall be responsible for the management of all
vegetation on the SUBJECT PROPERTY in accordance with the applicable provisions of the
Lemont Municipal Code.
16.0 CHANGES TO ORDINANCES AND REGULATIONS.
16.1 If during the first five (5) years of the term of this Agreement, the provisions
of the existing Lemont Zoning Ordinance as it relates to the SUBJECT PROPERTY are amended
to impose more stringent requirements in the subdivision, development, or construction on the
SUBJECT PROPERTY, then such more stringent requirements shall not be effective as applied to
the SUBJECT PROPERTY unless such changes are agreed to by the Parties. This provision shall
not apply to amendments to the Lemont Municipal Code related to conditional uses other than
those conditional uses already approved by the Lemont Planning and Zoning Commission for the
SUBJECT PROPERTY.
16.2 If during the first two (2) years of the term of this Agreement, the provisions
of Lemont Municipal Code or regulations are amended or modified to impose more stringent
requirements for the subdivision, or construction of the site development improvements for the
7
SUBJECT PROPERTY than were in effect as of the Effective Date, which improvements are
specified in the submitted and approved plans under OWNER AND DEVELOPER's Building
Permit application on file with the VILLAGE, such amendments or modifications shall not be
effective as applied to the SUBJECT PROPERTY, unless such amendments are agreed to by the
Parties or such amendments are adopted to protect the public health, safety and welfare.
16.3 If, during the term of this Agreement, any existing, amended, modified or
new ordinances, codes or regulations affecting the zoning, subdivision, development, construction
of any improvements, buildings, appurtenances, or any other development of any kind or character
upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based,
are amended or modified to impose less restrictive requirements on development or construction
upon properties situated within the VILLAGE, then the benefit of such less restrictive
requirements shall inure to the benefit of OWNER AND DEVELOPER, and anything to the
contrary contained herein notwithstanding, OWNER AND DEVELOPER may proceed with
development or construction on the SUBJECT PROPERTY pursuant to the less restrictive
amendment or modification applicable generally to all properties within the VILLAGE.
17.0 EFFECT OF THIS AGREEMENT.
17.1 Except as provided in Section 15 of this Agreement, if any relevant existing
VILLAGE resolution, ordinance, regulations, or interpretation thereof, is inconsistent with or
conflicts with any provision of this Agreement, then the provisions of this Agreement shall
supersede the terms of said inconsistent resolutions, ordinances, or regulations as they may be
applicable to the SUBJECT PROPERTY.
18.0 NO DISCONNECTION OR DEANNEXATION.
18.1 Neither OWNER and DEVELOPER nor any of their successors in interest
shall file, cause to be filed, or take any action that would result in the disconnection or
deannexation of the SUBJECT PROPERTY from the VILLAGE during the term of this
Agreement.
19.0 MODIFICATIONS TO THIS AGREEMENT.
19.1 If OWNER AND DEVELOPER or the VILLAGE wish to modify this
Agreement, the VILLAGE shall hold the necessary public hearings.
19.2 Such hearings shall be held and an approval granted or denial given without
unreasonable delay after the request is made.
Agreement.
19.3 This Section shall not be construed to require the VILLAGE to modify this
19.4 Any such amendment or modification may be made only as to a portion of
the SUBJECT PROPERTY, or as to the provisions applying exclusively thereto, and may be made
without the consent of the owners of other portions of the SUBJECT PROPERTY not affected by
the amendment or modification.
20.0 BINDING EFFECT AND TERM.
20.1 The parties intend that the terms and conditions of this Agreement shall be
a covenant running with the land and shall be recorded against the SUBJECT PROPERTY with
the Cook County Recorder of Deeds, and shall be binding upon and inure to the benefit of the
Parties their grantees, successors in interest, assignees, heirs, executors, or lessees (whether their
interest is in the SUBJECT PROPERTY as a whole or in any portion or aspect thereof), for a
period of twenty (20) years from the EFFECTIVE DATE.
20.2 The zoning classification for the SUBJECT PROPERTY established by this
Agreement shall survive the expiration or termination of this Agreement unless changed in
accordance with applicable law.
21.0 CONTINUING RESPONSIBILITY.
21.1 If OWNER AND DEVELOPER sells or conveys all or any portion of the
SUBJECT PROPERTY during the term of this Agreement, all of OWNER AND DEVELOPER'S
obligations specified in this Agreement shall devolve upon and be assumed by such purchaser,
grantee, or successor in interest, and OWNER AND DEVELOPER shall be released from such
obligations, provided the conditions of subsection 20.2 of this Agreement have been met.
21.2 No sale or conveyance shall be effective to release OWNER AND
DEVELOPER from the obligations imposed by this Agreement until the purchaser or grantee has
posted good and sufficient surety, as determined in the sole discretion by the VILLAGE, to secure
the performance of all of OWNER AND DEVELOPER'S obligations contained in this Agreement
and as required by VILLAGE ordinance, policy, or regulation.
22.0 SEVERABILITY.
22.1 If any of the provisions of this Agreement are determined by a court of
competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such
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adjudication shall not affect the validity of the remainder of the terms of this Agreement as a whole
or of any section, subsection, sentence or clause not adjudged to be invalid.
22.2 The invalidity of any such provision shall not affect any zoning
classification for the SUBJECT PROPERTY that has been approved by the VILLAGE pursuant
to the provisions of the VILLAGE'S ordinances and regulations. Any change to such zoning
classification shall take place only in accordance with applicable statutes and ordinances.
23.0 NOTICES.
23.1 Any and all notices, demands, requests and other communications necessary or
desirable to be served under this Agreement shall be in writing and shall be personally delivered
or delivered to the Party or the Party's attorney by (i) email, (ii) prepaid same day or overnight
delivery services (such as Federal Express or UPS), with proof of delivery requested, or (iii) United
States registered or certified mail, return receipt requested, postage prepaid, or (iv) personally, in
each case addressed as follows:
To the Village: Village of Lemont
418 Main Street
Lemont, IL 60439
Attn: George Schafer
Email: gschafer(a-)lemont.il.us
With a copy to: Michael B. Stillman
Knight Nicastro MacKay LLC
4544 West 103rd Street, Unit 2NE
Oak Lawn, Illinois 60453
Email: stillmangknightnicastro.com
To Owner & Developer: D.J.K. Custom Homes, Inc.
532 South Webster Street
Naperville, Illinois 60540
Email:
With a copy to: Eric Prechtel
Rosanova & Whitaker, Ltd.
445 Jackson Avenue, Suite 200
Naperville, Illinois 60540
Email: Email: ericArw-attorneys.com
or such address or addresses or to such other party when any party entitled to receive notice
hereunder may designate for itself from time to time in a written notice served upon the other
parties hereto in accordance herewith. Any notice set as hereinabove provided shall be deemed to
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have been received (1) on the date it is personally delivered, if delivered in person, (ii) on the date
it is electronically transmitted by email; (Ili) on the first business day after the date it is deposited
with the overnight courier service, if delivered by overnight courier service, or (iv) on the third
(3rd) business day following the postmark date which it bears, if delivered by United States
registered or certified mail, return receipt requested, postage prepaid.
24.0 GOVERNING LAW AND VENUE.
24.1 This Agreement shall be governed by the laws of the State of Illinois both as
to interpretation and performance, and any legal proceeding of any kind arising from this Agreement
shall be filed in the Circuit Court of Cook County, Illinois.
25.0 FORCE MAJEURE.
25.1 Whenever a period of time is provided for in this Agreement for either the
VILLAGE or OWNER AND DEVELOPER to do or perform any act or obligation, neither party
shall be liable for any delays or inability to perform due to causes beyond the control of said party
such as war, riot, strike or lockout by or against either party's own employees or suppliers,
unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm,
earthquake, tornado or any act of God.
25.2 Provided, however, that said time period shall be extended for only the
actual amount of time said party is so delayed. Except as to a strike or lockout by or against either
party's own employees or suppliers, an act or omission shall not be deemed to be "beyond OWNER
AND DEVELOPER'S control" if committed, omitted or caused by OWNER AND DEVELOPER,
OWNER AND DEVELOPER'S employees, officers or agents or a subsidiary, affiliate or parent
of OWNER AND DEVELOPER or by any corporation or other business entity that holds a
controlling interest in OWNER AND DEVELOPER, whether held directly or indirectly.
26.0 ENFORCEABILITY.
26.1 This Agreement shall be enforceable by any of the parties hereto by any
appropriate action at law or in equity to secure the performance of the covenants and terms of this
Agreement.
27.0 CHALLENGE TO ANNEXATION.
27.1 If the annexation of the SUBJECT PROPERTY is challenged in any court
of legal jurisdiction, the Parties agree to cooperate to defend the validity of said annexation.
OWNER AND DEVELOPER agrees to hold the VILLAGE harmless and to reimburse the
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VILLAGE for any and all expenses incurred by the VILLAGE for said defense including but not
limited to reimbursement for any attorneys' fees. If the annexation of the SUBJECT PROPERTY
is challenged and is held to be invalid: (a) any real estate taxes which have been paid to the
VILLAGE shall not be rebated to the OWNER AND DEVELOPER, or its successors and assigns;
and (b) the VILLAGE shall enter into a separate written service agreement with the OWNER AND
DEVELOPER, or its successor and assigns, so as to provide utility service to the SUBJECT
PROPERTY in accordance with the general terms of this Agreement to the extent permitted by
law.
28.0 TIMING OF GRANTS OF PROPERTY INTERESTS.
28.1 When any dedication of right-of-way, grant of easement, or other dedication
or grant of property interests to the VILLAGE is provided for in this Agreement, said dedication
or grant shall occur prior to, or simultaneously with, the recording of any final plat of subdivision
or issuance of any permit, whichever occurs first.
28.2 Failure to comply with the timing requirements set forth in this Section shall
not relieve the OWNER AND DEVELOPER of the obligations set forth in this Section, and the
provisions of this Section shall survive the expiration or termination of this Agreement.
29.0 NON -WAIVER OF RIGHTS.
29.1 No failure of either Party to exercise any power given to it hereunder or
to insist upon strict compliance by the other party with its obligations hereunder, and no
custom or practice of the Parties at variance with the terms hereof, nor any payment under this
Agreement shall constitute a waiver of either Party's right to demand compliance with the
terms of this Agreement.
30.0 CAPTIONS AND PARAGRAPH HEADINGS.
30.1 Captions and paragraph headings are for convenience only and are not a
part of this Agreement and shall not be used in construing it.
31.0 ENTIRE AGREEMENT.
31.1 This Agreement sets forth all the covenants, conditions and promises
between the Parties with regard to the subject matter set forth herein and there are no
covenants, promises, agreements, conditions or understandings between the Parties, either
oral or written, other than those contained in this Agreement.
32.0 AUTHORIZATIONS.
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32.1 The OWNER AND DEVELOPER'S authorized representatives who have
executed this Agreement warrant that they have been lawfully authorized by OWNER AND
DEVELOPER to execute this Agreement on its behalf. The Mayor and Village Clerk warrant that
they have been lawfully authorized to execute this Agreement.
33.0 SURETY.
33.1 All public improvements required to be done by OWNER AND
DEVELOPER for any phase of the SUBJECT PROPERTY shall be secured by a cash deposit or
Letter of Credit in a form approved by the Village Attorney, in an amount approved by the Village
Engineer, and in compliance with the Lemont Municipal Code. This provision shall apply whether
or not a Letter of Credit is specified for each improvement. As to any surety or maintenance surety
provided by the OWNER AND DEVELOPER to the VILLAGE for public improvements related
to development of the SUBJECT PROPERTY, OWNER AND DEVELOPER agrees that: (1) at
no time shall the VILLAGE be liable for attorneys' fees with respect thereto; (2) OWNER AND
DEVELOPER shall be liable to pay the VILLAGE'S reasonable attorneys' fees and costs in
enforcement thereof, and (3) the list of circumstances set forth in such surety (including any exhibit
thereto) as bases for default thereunder shall entitle the VILLAGE to draw on said surety.
Notwithstanding provision of said surety, until the public improvements have been accepted by
the VILLAGE, OWNER AND DEVELOPER shall remain obligated for completion of said public
improvements and/or at the VILLAGE'S sole discretion\ pay any costs for said public
improvements to the extent that the surety is not sufficient to pay for the costs of the public
improvements, or in the event of any denial, or partial denial, of coverage by the surety, or failure
of the surety to timely respond to a demand for payment.
34.0 ACCEPTANCE OF PUBLIC IMPROVEMENTS.
34.1 Subject to approval by the Village Engineer, the VILLAGE shall accept
public improvements installed by OWNER AND DEVELOPER on the SUBJECT PROPERTY,
or within the adjacent public right-of-way, pursuant to the process set forth in Chapter 17.23 of the
Lemont Municipal Code.
35.0 EXHIBITS INCORPORATED.
35.1 All exhibits attached or referenced herein are incorporated herein by
reference and made part hereof.
36.0 AMBIGUITY.
13
36.1 If any term of this Agreement is ambiguous, it shall not be construed for or against
any Party on the basis that the Party did or did not write it.
37.0 RECAPTURE AGREEMENTS.
37.1 If, pursuant to the terms of this Agreement, OWNER AND DEVELOPER
installs improvements, including but not limited to the water distribution system improvements,
sanitary sewer- system improvements, storm sewer system improvements, roadway improvements,
or other improvements ( "Improvements") which OWNER AND DEVELOPER and the
VILLAGE reasonably determine will benefit properties other than the SUBJECT PROPERTY,
the OWNER AND DEVELOPER may submit a request to the Village for the Village to enter into
a recapture agreement ("Recapture Agreement"). OWNER AND DEVELOPER'S request must
be accompanied by a draft of the proposed Recapture Agreement and documentation, to the
satisfaction of the Village, clearly demonstrating the "as built" costs of the Improvements for
which recapture is sought. The proposed Recapture Agreement shall identify the benefitting
properties and recapture amounts, which shall be subject to approval of the Village. Subject to
approval of the proposed Recapture Agreement by the Village, approval of the form of the
Recapture Agreement by the Village, and any notice to be given to the benefiting property owners,
the matter shall be scheduled for consideration by the Lemont Village Board. If an ordinance
approving the Recapture Agreement is passed by Village Board, the Recapture Agreement shall
be recorded against the title of the benefiting properties identified in the Recapture Agreement.
37.1.1 If a proposed Recapture Agreement and supporting documentation are not
provided to the Village Engineer within twelve (12) months from completion of the Improvements
by OWNER AND DEVELOPER and approval of said Improvements by the Village or within such
other timeframe as may be agreed to in writing by the Village, the VILLAGE shall no longer have
any obligation to enter into a recapture agreement for Improvements hereunder.
38.0 DESIGNEES INCLUDED.
38.1 Whenever the title of a position of a Village employee or official is used in
this Agreement relative to an action being taken or an approval being given (e.g. Zoning
Administrator, Village Engineer, Director of Department of Public Utilities), the individual's
designee shall be automatically included therein.
39.0 NO PERSONAL LIABILITY OF VILLAGE OFFICIALS.
14
39.1 No covenant, agreement or undertaking of Village contained in this
Agreement shall be deemed to be a personal covenant, agreement or undertaking of any officer,
employee or agent of the Village and no officer, employee or agent of the Village shall be
personally liable under this Agreement or be subject to any personal liability in connection with
or arising out of the execution, delivery and performance or nonperformance of this Agreement.
/SIGNATURES ON FOLLOWING PAGE/
15
1I17:r111191
IN WITNESS WHEREOF, the parties set their hands and seals as of the EFFECTIVE
VILLAGE OF LEMONT
Y
John Egofske
Mayor
State of Illinois
County of Cook
Atte
By `
Charlene Smollen
Village Clerk
The foregoing instrument was acknowledged before me by John Egofske, Mayor, and
Charlene Smollen, Village Clerk, this r day of i✓VI , 20
No , y Public
v. LNotafY
ET� S• FISHER-SCHATZ
-seal-OFFICIAL SEAL
Public - State of Illinois
mmission Expires Mar 02, 2026 r
16
OWNER
By:
[name]
[title]
State of Illinois
County of
The foregoing instrument was acknowledged before me by
and this
day of , 20_
-scal-
17
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
Mol
LEGAL DESCRIPTION
THE EAST 331.50 FEET OF THE WEST 994.50 FEET (EXCEPTING THEREFROM THE
SOUTH 657.1 FEET) OF THE SOUTHEAST 1/4 OF TE NORTHEAST 1/4 OF SECTION 33,
TOWNSHIP 37 NORTH RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY
PIN: 22-33-203-020-0000
EXHIBIT B
PLAT OF ANNEXATION
19
22-33-3-0
BASIS OF BEARING
n1 OFu
cuu_..r nun nEaDoe.]n2ms_ °os As
OY 27 E
PLAT OF ANNEXATION
TO THE VILLAGE OF LEMONT, ILUNOIS
TIC ETQUARTER 331.5 OF ECTONOF TIE �ST3, TOµ FEET I3]CNORTRG RANGE
EAST O — TIE SOU, TH65 IFO PER NCPAL MEGOIAN, 110 THE COOK iOER tt TIE
'LNO S. —FASTl O r P THE iN C uN
P.E.. 22 33-203-020
COMMONLY KNOWN 15. 11—T PARCEL NEAR 131ST STREET AND ROITE ,T1 (ARCHER —NUE), —ON , LUEETS
NE OF 11E SE 1/a O. TIE NE OF SS. 33-37-11 !.
I
331so' ex�S n, GOkr ATE LVITS of
vLLAGF of -10.1T
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VACANT LAND
G 111.2G] GOUARE FEET
COF TS 1ORG ACRES MORE OR LESS
—HEREBY ANNEXE( -
TO THE
VILLAGE OF LEMONT
s... V 1 ,I -v n
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FOR REVIEW ONLY a
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' '�" ALLAGE OF LEMONY
EXHIBIT C
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