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O-79-05 Ord. Annexation Agrmt Glens of Connemara11 11 11 1 L1Ji1UlII A Doc #: 0529839035 Fee; $82.50 Eugene "Gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 10/25/2005 01:29 PM Pg: 1 of 30 ORDINANCE No. V :71 /' o AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 68 ACRE PARCEL LOCATED AT THE NORTH SIDE OF 131sT STREET, APPROXIMATELY 1300 FEET WEST OF BELL ROAD, LEMONT, ILLINOIS (HOMEWERKS) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 12TH DAY OF OCTOBER, 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 12TH DAY OF OCTOBER, 2005 MAIL TO: VILLAGE OF LEMONT 418 MAIN STREET LEMONT, IL 60439 ORDINANCE NO.0 — 7q o ® ,C AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 68 ACRE PARCEL LOCATED AT THE NORTH SIDE OF 131 sr STREET, APPROXIMATELY 1300 FEET WEST OF BELL ROAD, LEMONT, ILLINOIS (HOMEWERKS) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 12 ` DAY OF OCTOBER, 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 12"; DAY OF OCTOBER, 2005 ORDINANCE No. 0 - 7q-05- - 05 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 68 ACRE PARCEL LOCATED AT THE NORTH SIDE OF 131 ST STREET, APPROXIMATELY 1300 FEET WEST OF BELL ROAD, LEMONT, ILLINOIS (HOMEWERKS) 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 COOK, 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 12th day of October, 2005. Debbie Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio J otrvn c az-Zet Attest: AYES NAYS ABSTAIN ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 12'h day of October, 2005 JOHN PI ZZA e President VILLAGE OF LEMONT ANNEXATION AGREEMENT Glens of Connemara HomeWerks - Lemont, LLC HomeWerks Development Company ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Final Plat Approval IV Required Improvements V Dedication and Construction of Streets, Sidewalks, Miscellaneous VI Easements and Utilities VII Notification Requirements - Utility Facilities VIII Contributions and Annexation Fees IX Utility Construction Participation and Recapture X Development Codes and Ordinances and General Matters XI Development Standards XII Model Homes XIII Subdivision Entrance Signage XIV Approval of Plans XV Notice of Violations XVI Maintenance Guarantee XVII Damage to Public Improvements XVIII Binding Effect and Term and Covenants Running with the Land XIX Notices XX Certificates of Occupancy XXI Reimbursement to Village XXII Warranties and Representations XXIII Continuity of Obligations XXIV No Waiver or Relinquishment of Right to Enforce Agreement XXV Village Approval or Direction XXVI Singular and Plural XXVII Section Headings and Subheadings XXVIII Recording XXIX Authorization to Execute XXX Amendment XXXI Counterparts XXXII Curing Default XXXIII Conflicts Between the Text and Exhibits XXXIV Severability XXXV Definition of the Village XXXVI Execution of this Agreement ii EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Plat of Subdivision D Site Plan / Engineering Plan E Tree Preservation Plan F Landscape Plan G Glens of Connemara Declaration of Covenants, Conditions and Restrictions H Recapture Area Map, 131st street sanitary relief sewer and offsite water main extension I Engineer Opinion of Probable Cost iii ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of October, 2005, 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 HomeWerks - Lemont, 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 -1 -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 VILLAGE would extend its water and sewer systems to serve the TERRITORY and other property; 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 11 -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: 1 I 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. II 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, as amended, as R -4 PUD Single Family Detached Residence 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 zoned as a R -4 PUD Single Family Detached Residence District once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with the Plat of Subdivision and Site Plan and Engineering Plan, attached hereto and incorporated herein as Exhibits "C" and "D ", with the following variations from the Lemont Zoning Ordinance and Subdivision Regulations: 1. The maximum depth of storm water storage above normal water level within wet detention basin shall be six (6) feet for detention basins A & C rather tan 4' (Subdivision regulation 7.02 -A.10 2. Single Family Residential side yard setback shall be 10' rather than 15' (Zoning Code Sec. VII E 7 a 2 b). 3. Entrance monument as shown on landscape plan. 2. The TERRITORY shall be developed in accordance with the Plat of Subdivision, prepared by CM Lovoie, dated 8- 05 -05; and in substantial conformance with: Simplified Engineering Plan prepared by CM Lovoie, dated 08 -08 -05 Final Engineering Plans prepared by CM Lovoie, dated 08 -31 -05 (not yet approved by Village) 2 Final Engineering — Mass Grading and Erosion Control only prepared by CM Lovie dated 09 -06 -05 Tree preservation Plan (Tree Location Map) prepared by CM Lovoie, dated 02 -01 -04 Landscape Plan prepared by Ives /By Ryan Group, Inc. Glens of Connemara Declaration of Covenant, Conditions and Restrictions Meltzer, Purtill & Stele, LLC 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. Such order shall be limited to the building or structure where such alleged violation is located, and shall not apply to stop construction of any other building or structure properly under permit. 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. 4. The VILLAGE agrees to sign the OWNER'S completed MWRDGC permit application, provided it complies with approved engineering, with in 10 business days of receipt by the VILLAGE of an acceptable and complete permit application. The VILLAGE agrees to sign or as applicable be permittee in relation to such other governmental approvals as may be required to develop the property in conformance with the Subdivision and Engineering plans, including off -site work. The Village agrees to construct and be permittee for sanitary sewer work from the property boundary to the point of connection with the MWRDGC interceptor and to construct and be permittee for a water system extension from existing Lemont water system to the property. The Village's agreement to construct said Public Improvements is subject to the Owner depositing funds or Letter of Credit and /or Order of Court sufficient to satisfy the Village that there are adequate funds necessary to construct, improve and complete Public Improvements. The determination of sufficient funds shall be based upon the Village's cost estimate, which shall be made in a reasonable manor, plus 15 %. 3 5. The VILLAGE and the OWNER restate and agree to the provisions of VILLAGE Resolution R -28 -04 Approving Preliminary Plat of Subdivision, except as to items 10 and 12, related to sanitary sewer routing, as the Village agrees to obtain the route for and construct the off -site sewer and water system extension to serve the property, per section IV (1,2) of this Agreement. Village Staff recommends approval of the annexation, zoning upon annexation to R -4 PUD, final planned development and preliminary and final plat of subdivision for the Glens of Connemara with the following conditions: 1) School, park, library and fire protection district donations shall be required as a condition of annexation and plat approval. 2) The bicycle path (10 foot width) shall be extended north to a point just east of the north boundary of the subject property. The Plan Commission encourages the Park District to use the cash contribution in part to extend the bike path system to 123rd Street (McCarthy Road). 3) As acknowledged by the project engineer's letter, a "no access" restriction should be noted on the 131st Street frontage of the final plat. 4) The lift station pump house should be designed to Village standard specifications. 5) Provide homeowners association documents including, but not limited to, plans for ownership and maintenance of storm water detention areas and landscape outlots on the two short cul -de- sacs. (Village will maintain dry basins.)(At Village request a back —up SSA shall be established to provide for wet basin maintenance). 6) A minimum of 50 percent of the exterior of dwellings shall be brick by restrictive covenant. 7) A maximum of 50 percent of the dwellings shall have a "front loaded" (garage opening on front elevation) garage design and the remainder shall be "side- loaded" (garage opening on a side elevation). 8) Public utility and drainage easements shall be wider as necessary on lots where underground piping or emergency overflow routes are planned. 9) Prior to final plat approval, documentation of lease, easement or license agreements between the petitioner and Com Ed for bike path, storm detention, street crossing and utility crossing purposes should be submitted for review. 10) Provide a traffic study (or addendum to a previous traffic study, if applicable) for Village review. 11) A tree preservation plan that illustrates trees to be preserved, removed, or transplanted is required. 12) The landscape plan should specify that the off - street parking near model home lots 2 & 3 is temporary and provide a detail of its replacement by landscaping. 13) Final plans should be revised in response to review comments by the Acting Village Engineer. 14) The Developer shall obtain an agreement with the Lemont Park District to accept the park and bike path donations. 15) Minimum interior side yards of ten feet are acceptable in consideration of the bicycle path system provided as an open space amenity in the subdivision. 4 6. 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, the current requirement of Lemont as to lot dimension, lot area, yard, setback and home size and dimension restrictions (if any) shall continue to be applicable to the property; and no use permitted under the R -4 PUD at the time of the execution of the Agreement shall be denied to the OWNER, their successors or 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 R -4 PUD and permitting single family development. III FINAL PLAT APPROVAL The Village accepts and approves the Final Plat of Subdivision, attached as exhibit C hereto. In relation to the Final Plat approval, the OWNER shall: 1. Provide enhanced rear lot line landscape screening on lots 9 through 14. Such screening shall include at least two 5' evergreens per lot. 2. Provide notice to purchasers of lots a Statement of Awareness for buyers of dwellings to acknowledge the location of the gas pipeline generating facility east of lots 9 -14. 3. A traffic calming method shall be included in the final engineering at the ComEd ROW crossings. 4. Dedication of road right -of -way, measuring fifty (50) feet from the roadway centerline, shall be required along 131 SI Street. IV 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. The Village agrees to use its best effort to construct and complete the water line(s) for service to the TERRITORY, by Fall 2006. Such 5 water lines to be constructed substantially as shown in exhibit H. The promise of the VILLAGE is contingent upon satisfaction of conditions set forth in Article II, (4). 2. Sanitary and Storm Sewers. OWNER shall construct and install at their expense all necessary on -site 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. The Village agrees to use its best effort to construct and complete the sanitary sewer line(s) for service to the TERRITORY, by Fall 2006. Such sewer system to be constructed substantially as shown on Exhibit H. The promise of the VILLAGE is contingent upon satisfaction of conditions set forth in Article II, (4). 3. Detention Areas. OWNER agrees to construct four (4) detention basins in accordance with the VILLAGE standards with the exception of the maximum depth, which shall be 6 feet of storm water storage above normal water level in basins B and C. Only basin B and C shall be wet. OWNER shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide a sufficient credit to pay the taxes on the detention areas until a government exemption has been granted to the VILLAGE (or if applicable an HOA $1 assessment has been obtained). Detention areas may be deeded over to the VILLAGE upon completion of all public improvements except the surface course, street trees and sidewalk. OWNER agrees to maintain areas through the maintenance period. 4. Open Space. OWNER will convey approximately 2.291 acres, as shown on the Plat of Subdivision set forth as Exhibit "C ", to the Lemont Park District. OWNER, as illustrated in Exhibit "C" , shall construct bike path on ComEd ROW, with the Village or the Park District as licensee, the location and width of said path shall be approved with the Final Engineering Plans. Owner shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide a sufficient credit to pay the taxes on the open space areas until a government exemption has been granted to the Park District (or if applicable an HOA $1 assessment has been paid). 6 5. All public improvements, which shall be completed within two years after commencement of construction, shall be inspected by the VILLAGE upon completion and if they are found to be in compliance with the requirements of the VILLAGE'S Code and in accordance with the final engineering plans they shall thereupon, without unreasonable delay, be accepted by the VILLAGE as described in this Agreement. The OWNER shall request acceptance in writing and shall provide the VILLAGE with a bill of sale for the public improvements to be conveyed and a maintenance guarantee in the form of a letter of credit in an amount of ten percent of the original amount of the letter of credit. Said maintenance guarantee shall be available to the VILLAGE for a period of two (2) years after the effective date of acceptance of the public improvements. V DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS; MISCELLANEOUS 1. Streets. All streets shall be constructed in accordance with the Final Engineering plans approved by the VILLAGE. Also, OWNER shall be required to keep all public streets 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 a week. 2. Dedications. No further dedication of right -of -way is required provided that a 50 -foot wide right -of -way as measured from the center line of 131st Street Road has been dedicated previously. 3. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of way shall be included in the required letters of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. Nothing contained herein shall prohibit assigning, delegating or transferring the responsibility for planting such trees and installing sidewalk on individual lots by contract or declaration to home building contractors applying to the VILLAGE for building construction permits. However, the OWNER shall at all times remain primarily liable to the VILLAGE for such installation and, in any event, responsibility for the installation of street trees and sidewalk shall not be assigned or transferred by the OWNER to the homeowner (end user). Sidewalks and street trees shall be installed by the OWNER on any lots remaining vacant within three years of the commencement of construction in the TERRITORY. A Parkway Tree Plan and data sheet shall be included in the Final Landscaping Plan, which shall be submitted to the Community Development Department and consulting Village Arborist for review prior to final plat approval. This plan shall specify the number of street trees and the type of street trees assigned to each lot. 7 4. 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 by Owner within the DEVELOPMENT related to the installation of public improvement. It is agreed that the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to enforce its construction hour's regulations. The penalty for construction hours violations shall be imposed against only the lot where the violation is found to have occurred. 5. Maintenance. The OWNER shall be responsible for maintenance of the streets, including any damage incidental to the construction of dwellings in the subdivision by other contractors, their subcontractors or suppliers, until acceptance by VILLAGE. 6. Design and Standards. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. 7. 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 regularly. Define. 8. Dedications. The dedication of 50' of ROW is required for 131st Street where it abuts the TERRITORY. 9. Street Lights. OWNER shall be required to install streetlights in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 10. Sidewalks. OWNER shall be required to construct sidewalks in accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 11. Sidewalks and Street Trees. The cost of any sidewalks and street trees to be installed on public ROW shall be included in the required letters of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. Nothing contained herein shall prohibit assigning, delegating or transferring the responsibility for planting such trees and installing sidewalk on individual lots by contract or declaration to home building contractors applying to the VILLAGE for building construction permits. However, the OWNER shall at all times remain primarily liable to the VILLAGE for such installation and, in any event, responsibility for the installation of street trees and sidewalk shall not be assigned or transferred by the OWNER to the homeowner (end user). Sidewalks and street trees shall be installed by the OWNER on any lots remaining vacant within three years of the commencement of construction in the TERRITORY. A Parkway Tree Plan and data sheet 8 shall be included in the Final Landscaping Plan, which shall be submitted to the Community Development Department and consulting Village Arborist for review prior to final plat approval. This plan shall specify the number of street trees and the type of street trees assigned to each lot. VI EASEMENTS AND UTILITIES The OWNER agrees to grant to the VILLAGE, and /or obtain grants to the VILLAGE of, all necessary easements within the TERRITORY 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. 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. The VILLAGE shall provide water and sewer service to the property line as provided herein, subject to provisions of Section II, paragraph 4 of this agreement. The VILLAGE shall obtain all required easements or ROW dedication for such work. VII NOTIFICATION REQUIREMENTS - UTILITY FACILITIES OWNER and OWNER'S assigns agree to notify all persons contracting for purchase of lots of the location of the electric power lines and crossing the site, and the purchasers of lots 9 -14 will be notified of the gas pipeline facilities east of the site and the noise associated with this adjacent use. 9 VIII CONTRIBUTIONS AND ANNEXATION FEES 1. The OWNER shall make land and /or cash contributions prior to recording of the final plat, unless specified. If a final development plan or Plat of Subdivision is filed within one (1) year of the effective date of this Agreement, the required contributions shall be as follows: Land Donation Cash Donation Library Donation $22,930 LFPD Donation $41,720 ($298 per lot) Park Donation 2.29 $268,000 School Donation Elementary (K- 8) $204,541.94 High School (9 -12) $92,326.96 Village of Lemont Annexation Fee Tap on — Water and Sewer* Water Contribution Fee* Total *See Paragraph 3 of this Article $35,000 ($250 per lot) $700,000 ($5,000 per lot at time of issuing building permit)) $140,000 ($1,000 per lot at time of issuing building permit) $1,504,518.90 plus 2.29 acres of land $664,518.90 payable upon recording of final plat $840,000 payable at time of building permits 2. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of the Agreement, the afore said contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time such final plan of Plat is submitted to the VILLAGE. 3. All of the fees referred to above will be paid upon recording of the Final Plat of Subdivision except that the water contribution fee shall be paid in One Thousand Dollar ($1,000.00) increments and the water and sewer tap on fee, paid in Five Thousand Dollar increments ($5,000.00), will be paid at the time of issuance of a Building Permit on each individual lot. 4. Contributions Agreement. OWNER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate 10 governmental interests of the VILLAGE, including, but not limited t, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public utilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. IX UTILITY CONSTRUCTION PARTICIPATION AND RECAPTURE The OWNER and the VILLAGE shall enter a RECAPTURE AGREEMENT as provided by 65 ILCS 5/9 -5 -1 or such other applicable law in relation to the Owner funding the Village construction of regional water and sewer system replacement, improvement and extension to serve the TERRITORY and other property inside and outside the VILLAGE. Such agreement shall provide for the Village to impose and collect a fee from owners of property proposed to be served by the system prior to VILLAGE issuance of building permits or plats of subdivision which entail estimated expected connection to such system. No permit nor connection shall be permitted by the Village in the absence of payment of such recapture fee. The VILLAGE shall reimburse OWNER upon Village approval of connection to such system(s) of the proportionate cost of such facilities. The agreement shall describe the areas reasonably expected to benefit from such facilities, and shall specify the proportion of the cost of such facilities primarily for the benefit of the various properties. Maps of the proposed water and sewer system replacement, improvement and extension and of areas proposed to be served and reasonably expected to benefit from the availability of such systems and by such utility system extension are attached as exhibit H. An engineers estimate approved by VILLAGE of the estimated cost of the components of the system, and the allocation of the cost of the various components to the various areas to be served is attached as exhibit I and entitles "Preliminary Engineering, engineers opinion is probably cost ". X 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 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. 11 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 115% 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 agrees to promptly reduce the letter of credit upon request by OWNER and verification of the completion of components of the Work by the VILLAGE engineer. 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. The OWNER shall not be entitled to obtain any building permits, except for site development and for Model Homes as provided for in Article XII, and one temporary development sign permit as provided in the temporary sign regulations of the VILLAGE Zoning Ordinance but shall not be entitled to construct any model units, sales and /or rental offices or any other appurtenant facilities unless and until the proper letter of credit or cash deposit has been made to the VILLAGE in accordance with the Subdivision Regulations of the VILLAGE. The letter of credit or cash deposit shall specifically include an amount to cover the cost of street trees and sidewalks as required by the Subdivision Regulations and this Agreement. THE VILLAGE AGREES TO ISSUE SITE DEVELOPMENT PERMIT(S) AT THE REQUEST OF OWNER ONCE ENGINEERING HAS BEEN APPROVED, EVEN IF THE PLAT OF SUBDIVISION HAS NOT THEN BEEN FINALLY APPROVED AND RECORDED. SUCH PERMIT, IF GRANTED SHALL BE GRANTED AT THE OWNERS'S RISK AND THAT THE OWNER ACKNOWLEDGES THAT ENGINEERING FINAL PLAT APPROVAL AND OTHER CONDITIONS MAY EFFECT THE SITE DEVELOPMENT PERMIT AND IMPROVEMENT COST. All public improvements shall be constructed and initiated within two (2) years from the date of approval of the Plat of Subdivision; however, if the completion date falls after September 30th, the date shall be the following May 30th. Further, no earthwork shall be done in any area tentatively identified as wetlands until an appropriate permit or permission has been obtained and such permit or permission is shown to the VILLAGE. The Plat of Subdivision shall contain such restrictive covenants, public utility and easement provisions as are or were required by the President and Board of Trustees as a condition to approval of the Plat of Subdivision. 12 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. 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. XI DEVELOPMENT STANDARDS The development of the TERRITORY shall be substantially consistent with the "Glens of Connemara Declaration of Covenants, Conditions and Restrictions" attached hereto as Exhibit "G" which shall be recorded by the Owner at the time of recording of the Plat of Subdivision and shall not be amended, changed or altered without the approval of the VILLAGE, said approval shall not be unreasonably withheld. Any proposed amendments shall be submitted to the VILLAGE in writing and unless the Owner is notified of the VILLAGE'S disapproval within twenty -one (21) days of receipt of the written notice, the proposed amendment shall be deemed approved and the Owner may record the amendment. XII MODEL HOMES The OWNER may obtain building permits for no more than six (6) model homes to be constructed on lots , and for a temporary construction office. Temporary Occupancy shall be issued for the model homes for model use and sale office occupancy (but not for residential occupancy), provided adequate temporary water and sewer facilities are provided and access roads have been improved with a binder course. This Article shall not limit the number of model homes after Subdivision improvements have been installed (i.e. - sewer, water, detention, binder course on streets). 13 The OWNER may locate one temporary construction office on the site prior to the availability of utility service of sanitary facilities, but the Village may require temporary sanitary facilities. XIII SUBDIVISION ENTRANCE SIGN The Subdivision entrance sign shall be constructed of a stone material and located in an area that is in an easement or separate lot and shall provide for the perpetual care, maintenance and restoration by a Homeowners' Association. XIV 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. Provided for in Para II (3) XV NOTICE OF VIOLATIONS XVI MAINTENANCE GUARANTEE 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 form of a letter of credit (LOC) 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 twenty -four (24) 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. 14 XVII DAMAGE TO PUBLIC IMPROVEMENTS 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. XVIII 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. XIX 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: . Village Clerk 418 Main Street Lemont, IL 60439 15 For OWNER: HomeWerks - Lemont, LLC c/o HomeWerks Development Co. 700 E. Diehl Road, Suite 130 Naperville IL 60563 Angelo Palumbo HomeWerks Development Co. 700 E. Diehl Road, Suite 130 Naperville IL 60563 Matthew M Klein 322 W. Burlington LaGrange, IL 60525 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XX 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 1st 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. XXI 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 ordinances, letters of credits, plats, easements or other documents relating to the 16 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 c. cost incurred by the Village for a comprehensive storm water management plan in this area. Cost incurred by the OWNER/DEVELOPER, may be recovered under the recapture agreement. 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. b. If the VILLAGE, in its sole discretion, determines there is or may probably be, a 17 conflict of interest between VILLAGE and OWNERS/DEVELOPER, on an issue of importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have the option of being represented by its own legal counsel. In the event the VILLAGE exercises such option, then OWNERS /DEVELOPER shall reimburse the VILLAGE from time to time on written demand from the President of VILLAGE and notice of the amount due for any expenses, including but not limited to court costs, reasonable attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of OWNERS /DEVELOPER to reimburse VILLAGE under the terms of this subparagraph 2 shall terminate if no such legal proceedings are brought within one (1) year from the date of the annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if such legal proceedings are based upon alleged errors, omissions of unlawful conduct of VILLAGE and not the OWNERS /DEVELOPER. In the event the VILLAGE institutes legal proceedings against OWNERS /DEVELOPER for violation of this Agreement, and secured a judgment in its favor, the court having jurisdiction thereof shall determine and include in its judgment all expenses of such legal proceedings incurred by VILLAGE, including but not limited to the court costs and reasonable attorney's fees, witnesses' fees, etc., incurred by the VILLAGE in connection therewith. XXII WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof is the OWNER as legal title holder. 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. 18 XXIII 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. XXIV 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 parry's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. XXV 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. XXVI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXVII 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 there under whether covered or relevant to such heading or not. 19 XXVIII RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER within 30 days after the execution hereof. XXIX 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. XXX 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. XXXI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXXII 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. XXXIII 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. 20 XXXIV 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 judgment or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. XXXV 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. 21 XXXVI 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 Illinois Municipal Corp; ation By: ''..t`. mil' Village Clerk OWNER: HomeWerks - Lemont, LLC By: HomeWerks Develo .ment Company, Manager By: Presi 22 Village President 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 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 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. GIVE T rader my hand and official seal, this t Z #' day of C(; c ,Qr`i. j 20 o 5 . SANOOLA Notary Public My commission expires S STATE OF ILLINOIS) ) SS. COUNTY OF COOK) (`3 , 200 . OFFICIAL. SEAL ROSS I,lM VA.TES NOTARY PU LtO: STATE OF ILLINOIS Y OtAgiett XPIS 5.13.2008 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 Notary Public day of , 20_ My commission expires , 20 C U1y 1)m:umoms\W1' DoCSWomeWeris V,omon1\ Annexation Annex Agmn 7- 21wpd.wpd 23 Exhibit A Legal Description TAX _PARCEL ID #22 -23 -20 -013 PARCEL 1: THE SOUTH 1/2 OF THE EAST 1/7 OF THE WEST 7/8 OF THE WEST 1/2 OF THE NORTHEAST 'A OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 1/2 OF THE EAST 1/8 OF THE WEST 1/2 OF THE NORTHEAST 1/4 , EXCEPT THE EAST 30 FEET; ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 , A DISTANCE OF 100 FEET; THENCE SOUTHEASTRLY TO A POINT ON THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 70 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 70 FEET TO THE POINT OF BEGINNING, ALL IN SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NORTH 1/2; ALSO EXCEPT THAT PART OF THE NORTH 1/2 THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 1/2 OF THE THIRD PRINCIPAL MERIDIAN; AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE WEST ALONG THE NORTH LINE OF SAID 175 FEET, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID WEST 1/2 WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING; ALSO EXCEPT THE SOUTH 1/2 OF THE EAST 1/8 OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF SECTION 35; ALSO EXCEPTING THEREFROM THE SOUTH 1/2 OF THE EAST 1/7 OF THE WEST 7/8 OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF SECTION 35; ALSO EXCEPTING THE NORTH 500 FEET OF THE EAST 500 FEET OF THE WEST 3/4 OF THE SOUTH 1/2 OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF SAID NORTHEAST 1/4 OF SECTION 35, ALL IN COOK COUNTY, ILLINOIS. PARCEL 4: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THAT PART OF 4 PARCEL 3 NORTH AND ADJOINING THERETO, AS CREATED BY GRANT OF EASEMENT BY COMMONWEALTH EDISON COMPANY RECORDED NOVEMBER 24, 2003 AS DOCUMENT 0332829279 OVER THAT PART OF THE LAND DEPICTRED ON EXHIBIT `B" ATTACHED THERETO. PARCEL 5: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THAT PART OF PARCEL 3 NORTH AND ADJOINING THERETO, AS CREATED BY GRANT OF EASEMENT BY COMMONWEALTH EDISON COMPANY RECORDED NOVEMBER 24, 2003 AS DOCUMENT 0332829280 OVER THAT PART OF THE LAND DEPICTED ON EXHIBIT `B" ATTACHED THERETO. PARCEL 6: EASEMENT FOR THE BENEFIT OF PARCEL 3 AS CREATED BY STORM SEWER EASEMENT RECORDED NOVEMBER 24, 2003 AS DOCUMENT 0332829281 FROM COMMONWEALTH EDISON COMPANY TO HOMEWERKS - LEMONT, LLC FOR THE CONSTRUCTION AND MAINTENANCE OF A STORM SEWER OVER THAT PART OF THE LAND DEPICTED ON EXHIBIT "B" ATTACHED THERETO. 5