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O-12-26 Authorizing the Execution of an Annexation Agreement for the Property Commonly Known as 13100 Main StreetVILLAGE OF �'V,EMONT 418 Main Street j Lemont, IL 60439 TO: Village Board Meeting FROM: Jason Berry, Community Development THROUGH: George Schafer, Village Administrator SUBJECT: An Ordinance Authorizing the Execution of an Annexation Agreement for the Property Commonly Known as 13100 Main Street DATE: February 23, 2026 SUMMARY/BACKGROUND The attached ordinance authorizes the execution of an annexation agreement for property commonly known as 13100 Main Street, Lemont, Illinois, owned by Jose Velez. The subject property is currently located in unincorporated Cook County and is contiguous to the Village of Lemont. The annexation agreement sets forth the terms and conditions under which the property will be annexed to the Village. Upon annexation, the property will be zoned M-2 General Manufacturing District. The agreement does not approve a specific development proposal at this time. Any future development of the property shall comply with all applicable Village ordinances, including the Unified Development Ordinance (UDO), building codes, and permitting procedures in effect at the time of development. The annexation agreement also contemplates inclusion of the subject property, along with adjacent property owned by the petitioner, within the Main & Maley Tax Increment Financing (TIF) District, subject to adoption of the required ordinances following annexation. The agreement will be recorded with the appropriate county recorder and will remain in effect for a term of twenty (20) years. ANALYSIS The annexation agreement follows the Village's standard annexation framework and establishes clear expectations regarding zoning, utility services, and future permitting. There are no immediate development approvals, variations, or deviations from Village policy associated with this action. The Village can provide municipal services to the property in accordance with Village standards. Any future utility connections or site improvements will be subject to applicable engineering and permitting requirements. CONSISTENCY WITH VILLAGE POLICY The proposed annexation supports the Village's long-range planning objectives by promoting orderly growth, expanding the Village's industrial land base, and ensuring that future development occurs in accordance with Village regulations and standards. Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the execution of the annexation agreement for 13100 Main Street. BOARD ACTION REQUESTED Motion to approve an ordinance authorizing the execution of an annexation agreement for the property commonly known as 13100 Main Street. ATTACHMENTS An Ordinance Authorizing the Execution of an Annexation Agreement for the Property Commonly Known as 13100 Main Street VILLAGE OF LEMONT ORDINANCE NUMBER O- Q, -26 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 13100 MAIN STREET, LEMONT, ILLINOIS JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk SAMUEL J. FORZLEY JANELLE KITTRIDGE 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 —1-4� -2026 ORDINANCE NO.O- is -26 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 13100 MAIN STREET, LEMONT, ILLINOIS WHEREAS, the Village of Lemont (the "Village") is an Illinois municipal corporation located in Cook, DuPage, and Will Counties, Illinois; and WHEREAS, Jose Velez (the "Owner") is the owner of certain real property commonly known as 13100 Main Street, Lemont, Illinois, and legally described in Exhibit A attached hereto and made a part hereof (the "Subject Property"); and WHEREAS, the Subject Property is contiguous to the corporate limits of the Village and is eligible for annexation pursuant to the Illinois Municipal Code, 65 ILCS 5/7-1-1 et seq.; and WHEREAS, the Owner has filed a petition requesting annexation of the Subject Property into the corporate limits of the Village; and WHEREAS, the Village and the Owner desire to enter into an annexation agreement pursuant to the provisions of Division 15.1 of Article 11 of the Illinois Municipal Code, 65 ILCS 5111-15.1-1 et seq., setting forth the terms and conditions under which the Subject Property may be annexed, zoned, developed, and served by municipal utilities and services; and WHEREAS, a proposed Annexation Agreement between the Village and the Owner has been prepared and presented to the Village Board; and WHEREAS, the Village Board has determined that the execution of the Annexation Agreement is in the best interests of the Village and is consistent with the Village's long-range planning goals and policies. E NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois, as follows: Section 1: The foregoing recitals are hereby incorporated into and made a part of this Ordinance as though fully set forth herein. Section 2: The Village President and Village Clerk are hereby authorized and directed to execute, on behalf of the Village, the Annexation Agreement between the Village of Lemont and Jose Velez for the Subject Property commonly known as 13100 Main Street, Lemont, Illinois, substantially in the form attached hereto as Exhibit B, subject to such non -substantive and minor modifications as may be approved by the Village Attorney. Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4: All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 5: Upon execution, the Annexation Agreement shall be recorded with the appropriate county recorder at the expense of the Village, in accordance with applicable law. Section 6: This ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Cl ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS �3 DAY OF 2 �y im_ 2026. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: Samuel J. Forzley Janelle Kittridge Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: Charlene M. Smollen, Village Clerk OF L% 02� I/Iin des M e ABSTAIN: John Egofske, Village President EXHIBIT A — LEGAL DESCRIPTION THE WEST HALF OF THE WEST HALF (EXCEPT THE NORTH 300 FEET THEREOF) OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE I 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SOUTH LINE OF MAIN STREET (SAG-LEMONT ROAD), IN COOK COUNTY, ILLINOIS. PIN:22-14-400-040-0000 Address: 13100 Main Street, Lemont, IL 60439 PIN: 22-14-400-029-0000 Address: 12294 Archer Avenue, Lemont, IL 60439 5 EXHIBIT B - ANNEXATION AGREEMENT ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (hereinafter "Agreement") is made and entered into this day of February 2026 ("Effective Date"), by and between the Village of Lemont, an Illinois municipal corporation located in Cook, DuPage, and Will Counties, Illinois (the "Village") and Jose Velez, an individual resident of Illinois ("Owner"). WITNESSETH WHEREAS, the Owner is the owner of certain property located at 13100 Main Street, Lemont, Illinois 60439, PIN No.: 22-14-400-040, and 12294 Archer Avenue, Lemont, Illinois 60439, PIN No.: 22-14-400-029, which is more particularly described in Exhibit A attached hereto and made a part hereof (the "Subject Property"), which such property is subject to this Agreement; and WHEREAS, the Subject Property constitutes an area that is contiguous to the Village and may be annexed to the Village as provided under the Illinois Municipal Code, 65 ILCS 5/7-1-1, et seq. ; and WHEREAS, a petition to annex the Subject Property has been filed to the Village by Owner in accordance with Illinois Municipal Code, 65 ILCS 5/7-1-8; and WHEREAS, the parties hereto wish to enter into this Agreement with respect to the annexation of the Subject Property by the Village, and the zoning, development, and other related matters concerning the Subject Property, all pursuant to the provisions of Division 15.1 of Article Eleven of Chapter 65 of the Illinois Compiled Statutes (65 ILCS 5111-15.1 et seq.), upon the terms and conditions contained in this Agreement; and WHEREAS, all public hearings as required by law have been held by the appropriate departments, commissions, boards, and other governmental bodies of the Village, and each has submitted various reports and recommendations, or both, required of them; and WHEREAS, the annexation of the Subject Property to the Village will be beneficial to the Village, will properly and beneficially extend the corporate limits and the jurisdiction of the Village, will permit the sound planning and development of the Village, and will otherwise promote the proper growth and general welfare of the Village; and WHEREAS, the Village President and Village Clerk have been authorized to execute this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Legal Conformance with Law. This Agreement is made pursuant to, and in accordance with, the provisions of the Lemont Municipal Code and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. Petition to Annex. The Owner has filed with the Village Clerk of the Village a duly executed petition, pursuant to and in accordance with the provisions of Section 5/7-1-8 of Chapter 65, Illinois Compiled Statutes, to annex the Subject Property into the Village. 3. Annexation. Within 30 days after the Effective Date of this Agreement, the Village hereby agrees to annex the Subject Property upon the terms and conditions of this Agreement, and the parties respectively agree to do all things necessary and appropriate to cause the Subject Property to be duly and validly annexed to the Village. 4. Rezoning. Concurrently with the annexation of the Subject Property to the Village, the Village hereby agrees to adopt the necessary ordinances to zone the Subject Property into the M-2 General Manufacturing District in conformance with the Village of Lemont Unified Development Ordinance ("UDO"). 5. Development/Construction Standards. Any future development of or construction on the Subject Property shall be in full compliance with the Village of Lemont's UDO, 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. 6. [Intentionally Omitted]. 7. Variations in Local Codes. Unless stated in the annexation or rezoning ordinances pertaining to the Subject Property, there shall be no specific variations from the Village's ordinances, rules and codes which have been requested or which are permitted with respect to the development/construction of the Subject Property. The Owner may subsequently apply for specific variations from the Village's ordinances, rules and codes without amending this Agreement, provided, however, such applications shall satisfy all standards related to variations. 8. Utilities/Services and Public Improvements. The Village agrees to provide water service and sanitary and stormwater sewer service connections to the Subject Property upon receipt of a written request from the Owner therefor. The Owner understands that any connection to these Village utilities, public services and improvements shall be done in accordance with applicable Village engineering standards and the Municipal Code. All costs related to providing the said connections shall be the responsibility of the Village. 9. Easements and Utilities. The Owner agrees to grant to the Village all necessary easements for the extension, maintenance, replacement and repair of sanitary sewer, stormwater sewer, water, street, or other utilities, or for other improvements, subject to the provisions of the UDO, which may serve not only the Subject Property, but other property in the general area, if requested by the Village. 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 IJ of the Owner to obtain all easements, both onsite and offsite, necessary to serve the Subject Property. All electricity, telephone, cable television and gas lines shall be installed underground at the Owner's expense, the location of which underground utilities shall be at the Owner's option, upon approval of the respective utility companies. 10. TIF District. The Village will include the Subject Property, and 13131 Main Street, Lemont, Illinois 60439, PIN, 22-14-400-028-0000 (currently annexed in the Village, and owned by Owner) in the Main & Maley Redevelopment Project Area (the "TIF District"), and the Owner has received the copies of the "Village of Lemont, Illinois Main & Maley Tax Increment Financing Redevelopment Plan and Project" draft dated November 25, 2025 and proposed timeline for the Village to approve the ordinance establishing the TIF District. Promptly, subsequent to the annexation of the Subject Property, the Village will pass ordinances pursuant to the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. (the "TIF Act"), which will include the Subject Property within the TIF District, to which the Owner hereby consents, subject to the terms of this Agreement. 11. Fees and Taxes. The Village agrees to waive any annexation permit or annexation fees imposed by the Village for the annexation of the Subject Property provided in this Agreement. The Village agrees not to impose any special service area, special assessment or other tax -increment financing district (other than the TIF District) on the Subject Property unless in its sole and absolute discretion, the Owner has granted its written consent to imposition of a special service area, special assessment or other tax -increment financing district. Any other fees charged that are to be Village related to the Subject Property, including but not limited to, building permit, license, inspection, tap on, recapture or connection fees (collectively, "Fees"), shall be at the lower of (i) the present rates of such Fees as in effect as of the Effective Date, or (ii) the then current rate of such Fees charged by the Village existing on the applicable date such Fees are applicable to the Subject Property. 12. Conflict in Regulations. A. The provisions of this Agreement shall supersede the provisions of any ordinances, codes or regulations of the Village, which may be in conflict with the provisions of this Agreement. B. If during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations of general applicability throughout the community to a land developer or subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the Village that are more stringent or restrictive than those in effect as of the Effective Date of this Agreement or as provided by this Agreement, the burden of such additional requirements shall not apply to the Subject Property. C. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less stringent or restrictive requirements on the development of, or construction upon, properties within the Village 3 than those in effect as of the Effective Date of this Agreement or as provided by this Agreement, then the benefit of such less stringent or restrictive requirements shall inure to the benefit of the Owner, and anything to the contrary contained herein notwithstanding, the Owner may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less stringent or restrictive amendment or modification applicable generally to all properties within the Village. 13. Amendment of Annexation Agreement. This Agreement and any exhibits attached hereto may be amended pursuant to the provisions of the Lemont Village Code, UDO, and Illinois Municipal Code. 14. Invalidity. If any provision of this Agreement, or any section, sentence, clause, phrase, or word, or the application thereof in any circumstances is held invalid, the validity of the remainder of this Agreement and the application of such provisions, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. 15. Term of Agreement. This Agreement shall be binding for a full term of twenty (20) years from the date of this Agreement. Absent good cause from either party, this Agreement shall renew for successive twenty-year periods. 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. 16. Recording. This Agreement shall be recorded by the Village Clerk in the Cook County Clerk's Recording Division at the expense of the Village. 17. Approval. This Agreement shall not be effective until the Owner of the Subject Property affixes a signature to a true and correct copy of this Agreement, acknowledging that it has reviewed and accepts the provisions of this Agreement. Failure of the Owner to execute this Agreement shall void the annexation of the Subject Property. 18. Defend and Hold Harmless. The Village agrees to defend and hold the Owner harmless from any and all actions, causes of action, claims, litigation in law or chancery, attorney's fees, costs required to defend against efforts by anyone to set aside this annexation or the terms of this Agreement. 19. No Liability of Village Officials. No agreement or undertaking of the 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. 20. Breach. C! A. The Village agrees that it will have a continuing obligation to provide sewer service, water, other Village utilities, and police protection to the Subject Property even if the Owner fails to comply with all the terms, conditions and covenants contained in this Agreement. In the instance of a breach of this Agreement by the Owner, the Village's sole remedy will be to seek specific performance of this Agreement in a court of competent jurisdiction. B. In the event of a breach of this Agreement by the Village, in addition to every other legal and equitable remedy available to the Owner, the Owner will have the absolute right to disconnect the Subject Property from the corporate boundaries of the Village. 21. Notices. Notices or other writings which any party is required to, or may wish to serve upon any other party in connection with this Agreement, shall be in writing and shall be delivered personally or sent by certified or registered mail, return receipt requested, postage prepared, to the other parties of this Agreement. 22. Successors. This Agreement shall inure to the benefit of, and be binding upon, the successors in title of the Owner, and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the Village and successor municipalities. It is understood that this Agreement shall run with the land and, as such, shall be assignable to and binding upon subsequent grantees, lessees, and successors in interest of the Owner, and each of them, and, as such, this Agreement and all exhibits hereto shall be recorded with the Cook County Clerk's Recording Division. [Signature Page Follows] IN WITNESS WHEREOF, the Parties hereto have hereunder set their hands and seals as of the Effective Date. VILLAGE OF LEMONT ayor, Village of Lemont VillageC,�,�l 4F�� Affl killiti1 `/®rnois Jose A. Velez Date: STATE OF ILLINOIS, County of SS I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that is personally known to me to be the same persons whose name is subscribed to the foregoing instrument as such appeared before me this day in person and acknowledged that he signed and delivered the said instrument at his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal this day of 2026. Notary Public ACKNOWLEDGEMENTS STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that John Egofske is 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 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 seal 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. Given under my hand and official seal this day of February 2026 Commission expires Notary Public EXHIBIT A Leual Description of Subject Property THE WEST HALF OF THE WEST HALF (EXCEPT THE NORTH 300 FEET THEREOF) OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SOUTH LINE OF MAIN STREET (SAG-LEMONT ROAD), IN COOK COUNTY, ILLINOIS. CONTAINING 1,253,652 SQUARE FEET OR 28,799 ACRES MORE OR LESS, 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, Cools County, Illinois. I do hereby fiirther certify that the foregoing is a full, true and correct copy of Ordinance No. O-11-- 26 "AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 13100 MAIN STREET, LEMONT, ILLINOIS" adopted and approved by the President and Board of Trustees of the Village of Lemont, Illinois on rjj 23 21222id 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 day of 2026. Charlene Smollen Village Clerk Village of Lemont Cools County, Illinois OF L, 44 ��N" /Ilino�rb 7