Loading...
O-26-10 Ordinance Annexation Agreement TIEDTORDINANCE NO.0 6 l� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 5.9 ACRES LOCATED AT 16748 NEW AVENUE, LEMONT (Tiedt Annexation) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 10TH DAY OF MAY, 2010 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 10th day of May, 2010. ORDINANCE NO.6 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 5.9 ACRES LOCATED AT 16748 NEW AVENUE, LEMONT (Tiedt Annexation) WHEREAS, the Norman A. Tiedt Trust is the owner of territory covering approximately 5.9 acres located at 16748 New Avenue ( "the Subject Property "); and WHEREAS, Norman A. Tiedt, Trustee of the Norman A. Tiedt Trust, is ready, willing, and able to enter into an Annexation Agreement covering the Subject Property and perform the obligations as required therein, and; WHEREAS, a copy of said Annexation Agreement, including a legal description of the Subject Property, 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 the President is hereby authorized and directed to sign, and the Village Clerk is directed to attest to, a document known as the "Norman A. Tiedt Annexation Agreement," a copy of which is attached hereto and made a part hereof. Section 2. That this ordinance shall be in 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 DU PAGE, ILLINOIS, on this 10th day of May 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN Approved by me this 10th day of May, 2010 Attest: CHARLENE M. SMOLLEN, Village Clerk AVES, Vi age President 1 TIEDT ANNEXATION AGREEMENT 2 3 4 ARTICLE TITLE 5 6 I Definitions 7 8 II Annexation 9 10 III Zoning and Land Use Restrictions 11 12 IV Relief from Village Requirements 13 14 V Property Tax Abatement 15 16 VI Required Improvements 17 18 VII Damage to Public Improvements 19 20 VIII Easements and Utilities 21 22 IX Approval of Plans 23 24 ' X Binding Effect and Term and Covenants Running with the 25 Land 26 27 XI Notices 28 29 XII Security Interests 30 31 XIII Warranties and Representations 32 33 XIV Continuity of Obligations 34 35 XV No Waiver or Relinquishment of Right to Enforce 36 Agreement 37 38 XVI Village Approval or Direction 39 40 XVII Singular and Plural 41 42 XVIII Section Headings and Subheadings 43 44 XIX Authorization to Execute 45 46 XX Amendment 47 48 XXI Counterparts 1 2 XXII Curing Default 3 4 XXIII Conflicts Between the Text and Exhibits 5 6 XXIV Severability 7 8 XXV Reimbursement to Village for Legal and Other Fees / 9 Expenses 10 • To Effective Date of Agreement 11 • From and After Effective Date of Agreement 12 13 XXVI Execution of Agreement 14 15 16 EXHIBIT TITLE 17 18 A Legal Description of Subject Property 19 20 B Plat of Annexation, surveyed by Michael J. Shakelford and 21 dated December 10, 2008 22 23 C Plat of Easement, prepared by James L. Cainkar, PLS, and 24 ' dated 25 11 1 ANNEXATION AGREEMENT 2 3 THIS ANNEXATION AGREEMENT, is made and entered into this day of , 4 2008, between the Village of Lemont, a municipal corporation of the Counties of Cook, DuPage 5 and Will, in the State of Illinois (hereinafter referred to as "the VILLAGE ") and Norman A. 6 Tiedt, trustee of the Norman A. Tiedt Trust (hereinafter referred to as "OWNER "); the 7 Village and the OWNER are hereinafter sometimes referred to individually as a "Party" and 8 collectively as the "Parties "; and, 9 10 WHEREAS, the OWNER are the owner of record of the real estate (hereinafter referred 11 to as the "TERRITORY "), the legal description of which is attached hereto as Exhibit A and by 12 this reference made a part hereof; and, 13 14 WHEREAS, the OWNER filed a petition for annexation of the TERRITORY to the 15 VILLAGE (hereinafter, the "Petition ") that requested annexation of the TERRITORY subject to 16 execution of an annexation agreement acceptable to the OWNER and the VILLAGE; and, 17 18 WHEREAS, the TERRITORY has not been annexed to any municipality; and, 19 20 WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be 21 annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. 22 seq.; and, 23 24 WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of 25 this Annexation Agreement; and, 26 27 WHEREAS, the VILLAGE would extend its zoning, building, health and other 28 municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE 29 from possible undesirable or inharmonious use and development of unincorporated areas 30 surrounding the VILLAGE; and, 31 32 WHEREAS, the new boundaries of the VILLAGE, resulting from this Annexation shall 33 extend to the far side of every highway and shall include all of every highway not already 34 annexed; and, 35 36 WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the 37 Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the 38 TERRITORY and various other matters; and, 39 40 WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the 41 VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has 42 given notice of said hearing; and, 43 44 WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of 45 the TERRITORY described in the Petition and has determined that the best interest of the 46 VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in 47 accordance with the provisions of the Agreement. 48 1 1 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants 2 hereinafter contained, the Parties agree as follows: 3 4 I 5 6 DEFINITIONS 7 8 BUILDING CODE The code or codes governing the erection and maintenance of buildings. 9 10 COMMON AREA A parcel of land or an area of water, or combination thereof, and any 11 improvements thereon, within a designated development tract (such as a subdivision) which is 12 designed for common use or benefit and not reserved for the exclusive use or benefit of an 13 individual tenant or owner. Examples of common areas include, but are not limited to: green 14 open spaces, parking lots, and pedestrian walkways. 15 16 FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer 17 registered in the state -of Illinois that meets the requirements for a final engineering plan in the 18 Unified Development Ordinance. A final engineering plan depicts all public and private support 19 facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water 20 retention areas, sanitary sewers, storm sewers, water supply lines, and illumination. 21 22 FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the 23 Village for final approval. 24 25 PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land, 26 showing the boundaries and locations of individual properties and streets. 27 28 PLAT OF ANNEXATION A plat that depicts the property to be annexed. 29 30 PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures 31 thereon. 32 33 PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated 34 public site or right -of -way necessary to provide transportation, drainage, public or private 35 utilities, energy, or other essential services. 36 37 UNIFIED DEVELOPMENT ORDINANCE Ordinance 0 -7 -08, as amended. 38 39 40 II 41 42 ANNEXATION 43 44 Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal 45 Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the 46 TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of 47 this agreement. 48 2 1 The Plat of Annexation of said TERRITORY is attached hereto as Exhibit B. Said Plat 2 extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already 3 annexed and includes all of every highway within the TERRITORY so annexed. Upon adoption 4 of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a 5 copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and 6 duly filed with the Cook County Clerk. The Village Clerk shall also send notice of annexation of 7 the TERRITORY to the Cook County Elections Department and the U.S. Post Office branch 8 serving the TERRITORY by certified or registered mail. 9 10 11 III 12 13 ZONING AND LAND USE RESTRICTIONS 14 15 Zoning & Development Plans. Upon the Annexation of the TERRITORY to the 16 VILLAGE, the parcel(s) shown on the Plat of Annexation attached as Exhibit B shall be 17 classified under the existing zoning ordinance, as amended, as M -2 General Manufacturing 18 District. Prior to the date of this Agreement, such public hearings as are necessary to enable the 19 VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been 20 conducted upon proper notice, and no further action need be taken by the OWNER to cause the 21 TERRITORY to be rezoned as M -2 General Manufacturing District once the TERRITORY is 22 annexed to the VILLAGE. 23 , 24 Other Standards. The Village agrees that the above standards shall govern with respect to 25 the development of the TERRITORY in any case in which the standards of the Unified 26 Development Ordinance now or hereafter shall conflict with the standards listed above. The 27 Village agrees that the above standards shall govern with respect to development of the 28 TERRITORY in any case in which there no applicable standards are provided in the Unified 29 Development Ordinance. In any case in which the Unified Development Ordinance contains 30 applicable standards that do not conflict with the above standards, the standards of the Unified 31 Development Ordinance shall govern with respect to the development of the TERRITORY. 32 33 It is understood and agreed, except as otherwise provided for herein, the Unified 34 Development Ordinance, Building Code and all other ordinances including all fees and charges 35 of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as 36 the same may from time to time be amended and enforced throughout the VILLAGE, shall apply 37 to the TERRITORY. In the case of a comprehensive amendment to the VILLAGE'S Zoning 38 Ordinance, the TERRITORY shall be designated the zoning district most comparable to the M -2 39 General Manufacturing District. 40 41 IV 42 43 RELIEF FROM VILLAGE REQUIREMENTS 44 45 The VILLAGE agrees to grant relief to the OWNERS from the following costs: 46 annexation fee and fees for the public notice for annexation agreement hearing and rezoning 47 hearing, to include cost of public notice sign, certified mailings, and newspaper notice; attorney's 48 fees. 3 1 2 The VILLAGE agrees to waive all fees, including engineering fees, associated with the 3 connection of VILLAGE water and sewer services. 4 5 The VILLAGE agrees to allow the construction of an additional building and /or 6 expansion of the current building on site for the purposes of expanding the current business 7 operations. Any new construction and /or expansion of buildings shall meet the setback and 8 height requirements of the Unified Development Ordinance, unless the VILLAGE, pursuant to 9 the provisions of the Unified Development Ordinance, grants such variations from said 10 Ordinance. 11 12 The VILLAGE agrees that any new construction, reconstruction, repair, maintenance, 13 and /or expansion of the current building may be comprised of exterior materials used on the 14 building currently on the TERRITORY. 15 16 The VILLAGE agrees that any requested expansion of driveways, turning areas, vehicle 17 and trailer storage areas shall be allowed and not be subject to any width or lot coverage 18 standards of the Unified Development Ordinance. Said expansion shall be required to be paved 19 in accordance with the standards of the Unified Development Ordinance, as amended. 20 Additionally said expansion shall not relieve the OWNER from storm water management 21 requirements, setback requirements, or site development permit requirements, including fees, of 22 the Unified Development Ordinance that may be triggered as the result of said expansion. 23 24 The VILLAGE acknowledges that any nonconforming use, sign, or building shall be 25 allowed to continue to exist until such time as a change in the use, sign, or building is required 26 by the Unified Development Ordinance, as amended. 27 28 The VILLAGE agrees that the installation of screening, to include fences, above and 29 beyond what is currently on the TERRITORY, shall not be required. 30 31 32 V 33 34 PROPERTY TAX REBATE 35 36 The VILLAGE agrees to rebate its portion of the real estate property taxes for a period of 37 ten years after the date of this Agreement. The OWNER shall be responsible for paying the 38 taxes initially and submit to the VILLAGE for reimbursement. The VILLAGE shall rebate taxes 39 to the OWNER within 30 days of receiving documentation from the OWNER as to the paid 40 taxes. 41 42 43 VI 44 45 REQUIRED IMPROVEMENTS 46 47 Unless otherwise approved as part of this agreement, the OWNER agree to construct and 48 install at his expense all other improvements in accordance with the requirements of the Unified 4 1 Development Ordinance of the VILLAGE and final engineering plans approved by the 2 VILLAGE. 3 4 5 VII 6 7 DAMAGE TO PUBLIC IMPROVEMENTS 8 9 The OWNER shall replace and repair any damage to public improvements installed 10 within, under or upon the subject realty resulting from construction activities by OWNER, their 11 successors or assigns and their employees, agents, contractors or subcontractors during the term 12 of this Agreement. The OWNER shall have no obligation hereunder with respect to damage 13 resulting from ordinary usage, wear and tear. 14 15 VIII 16 17 EASEMENTS AND UTILITIES 18 19 The OWNER agrees to grant all necessary easements for the extension of sewer, water, 20 or other utilities to the property located east of the Subject Property (Exhibit B). It is 21 understood that such easements may not cross the subject PROPERTY, but rather may cross 22 other property in the possession of the OWNER. 23 24 All electricity, telephone, cable television and gas lines shall be installed underground, 25 the location of which underground utilities shall be at the OWNER's option, upon approval of 26 the respective utility company. 27 28 It is understood that a privately owned on -site well currently serve the water needs of the 29 PROPERTY. It is also understood that a Village water main is available to the PROPERTY and 30 that Village standards and laws normally require that the PROPERTY connect to this publicly 31 available water supply and cap and discontinue use of the on -site well. It is agreed that the 32 OWNER shall be permitted continue use of the on -site well, and shall not be required to 33 immediately connect to the public for a period not to exceed two years from the date of 34 annexation. Provided, the ONWER shall discontinue use of and cap the on -site well, and hook 35 up to the municipal water system, no later than two years from the date of annexation. 36 37 38 39 IX 40 41 APPROVAL OF PLANS 42 43 The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, 44 plans, and engineering submitted to VILLAGE by the OWNER. If the VILLAGE shall 45 determine that any such submission is not in substantial accordance with this Agreement and 46 applicable ordinances, the VILLAGE shall promptly notify the OWNER in writing of the 47 specific objection to any such submission so that the OWNER can make any required corrections 48 or revisions. 5 X 2 3 BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND 4 5 This Agreement shall be binding upon and insure to the benefit of the parties hereto, 6 successor OWNER of record of the TERRITORY, assignees, lessees, and upon any successor 7 municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years 8 from the date of execution hereof. 9 10 The terms and conditions of this Agreement relative to the payment of monies to the 11 various VILLAGE recapture funds, contributions to the VILLAGE construction and /or 12 dedication of public improvements, granting of easements to the VILLAGE, dedication of rights - 13 of -way to the VILLAGE and the development standards established herein shall constitute 14 covenants which shall run with the land. 15 16 It is further agreed that any party to this Agreement, either in law or in equity, by suit, 17 action, mandamus, or other proceeding may enforce or compel the performance of this 18 Agreement, or have other such relief for the breach thereof as may be authorized by law or that 19 by law or in equity is available to them. 20 21 22 XI 23 24 NOTICES 25 26 Unless otherwise notified in writing, all notices, requests and demands shall be in writing 27 and shall be personally delivered to or mailed by United States Postal Service certified mail, 28 postage prepaid and return receipt requested, as follows: 29 30 31 For the VILLAGE: 32 33 Village President 34 418 Main Street 35 Lemont, IL 60439 36 37 and 38 39 Village Clerk 40 418 Main Street 41 Lemont, IL 60439 42 43 and 44 45 Village Administrator 46 418 Main Street 47 Lemont, IL 60439 48 6 1 For OWNERS: 2 3 Norman A. Tiedt 4 11020 62nd Street 5 La Grange, IL 60525 6 7 Or such other addresses that any party hereto may designate in writing to the other parties 8 pursuant to the provisions of this Section. 9 10 11 XII 12 13 SECURTY INTERESTS 14 15 The OWNER shall provide the VILLAGE with written approval(s) satisfactory to the 16 VILLAGE of any mortgage, lien holder or holder of any security interest, affecting title to the 17 TERRITORY or any part thereof so that this agreement shall be superior to any such mortgage, 18 lien, or other security interest and the OWNER shall provide same to the VILLAGE prior to 19 execution and recording of this agreement; and 20 21 If there are no mortgages, liens, or other security interests affecting title to the 22 TERRITORY or any part thereof, then the OWNER shall affirmatively state so in said 23 Petition(s) for Annexation. 24 25 26 XIII 27 28 WARRANTIES AND REPRESENTATIONS 29 30 The OWNERS represent and warrant to the VILLAGE as follows: 31 32 That the Norman A. Tiedt Trust, identified on page 1 hereof, is the OWNER as legal title 33 holder; and 34 35 That the OWNER proposes to develop the TERRITORY in the manner contemplated 36 under this Agreement; and 37 38 That other than the OWNER, no other entity or person has any interest in the 39 TERRITORY or it development as herein proposed; and 40 41 That the OWNER has provided the legal description of the TERRITORY set forth in this 42 Agreement and the attached exhibits and that said legal description and exhibits are accurate and 43 correct. 44 45 46 47 48 7 1 XIV 2 3 CONTINUITY OF OBLIGATIONS 4 5 Notwithstanding any provisions of this Agreement to the contrary, including but not 6 limited to the sale and /or conveyance of all or any part of the TERRITORY by the OWNER, the 7 OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the 8 faithful performance of all obligations imposed upon them by this Agreement until such 9 obligations have been fully performed or until VILLAGE, at its sole option, has otherwise 10 released OWNER from any or all of such obligations. 11 12 13 XV 14 15 NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT 16 17 Failure of any party to this Agreement to insist upon the strict and prompt performance of 18 the terms covenants, agreements, and conditions herein contained, or any of them, upon any 19 other party imposed, shall not constitute or be construed as a waiver or relinquishment of any 20 party's right thereafter to enforce any such term, covenant, agreement or condition, but the same 21 shall continue in full force and effect. 22 23 24 XVI 25 26 VILLAGE APPROVAL. OR DIRECTION 27 28 Where VILLAGE approval or direction is required by this Agreement, such approval or 29 direction means the approval or direction of the Corporate Authorities of the VILLAGE unless 30 otherwise expressly provided or required by law, and any such approval may be required to be 31 given only after and if all requirements for granting such approval have been met, unless such 32 requirements are inconsistent with this Agreement. 33 34 35 XVII 36 37 SINGULAR AND PLURAL 38 39 Wherever appropriate in this Agreement, the singular shall include the plural, and the 40 plural shall include the singular. 41 42 43 44 45 46 47 48 8 1 XVIII 2 3 SECTION HEADINGS AND SUBHEADINGS 4 5 All section headings or other headings in this Agreement are for general aid of the reader 6 and shall not limit the plain meaning or application of any of the provisions thereunder whether 7 covered or relevant to such heading or not. 8 9 10 XIX 11 12 AUTHORIZATION TO EXECUTE 13 14 The President and Clerk of the VILLAGE hereby warrant that they have been lawfully 15 authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER 16 and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause 17 their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, 18 ordinances, partnership agreements, letters of direction or other documents required to legally 19 evidence the authority to so execute this Agreement on behalf of the respective parties. 20 21 22 XX 23 24 AMENDMENT 25 26 This Agreement sets forth all the promises, inducements, agreements, conditions and 27 understandings between the parties hereto relative to the subject matter thereof, and there are no 28 promises, agreements, conditions or understandings, either oral or written, express or implied, 29 between them, other than are herein set forth. Except as herein otherwise provided, no 30 subsequent alteration, amendment, change or addition to this Agreement shall be binding upon 31 the parties hereto unless authorized in accordance with law and reduced in writing and signed by 32 them. 33 34 XXI 35 36 COUNTERPARTS 37 38 This Agreement may be executed in two or more counterparts, each of which taken 39 together, shall constitute one and the same instrument. 40 41 42 XXII 43 44 CURING DEFAULT 45 46 It is understood by the parties hereto that time is of the essence of this Agreement. The 47 parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days 48 from written notice of such default. 9 1 2 XXIII 3 4 CONFLICT BETWEEN THE TEXT AND EXHIBITS 5 6 In the event of a conflict in the provisions of the text of this Agreement and the Exhibits 7 attached hereto, the text of the Agreement shall control and govern. 8 9 10 XXIV 11 12 SEVERABILITY 13 14 If any provision of this Agreement is held invalid by a court of competent jurisdiction or 15 in the event such court shall determine that the VILLAGE does not have the power to perform 16 any such provisions, such provision shall be deemed to be excised here from and the invalidity 17 thereof shall not affect any of the other provisions contained herein, and such judgment or decree 18 shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any 19 of the other provisions contained herein, and such judgment or decree shall relieve the 20 VILLAGE from performance under such invalid provision of this Agreement. 21 22 23 XXV 24 , 25 REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES / EXPENSES 26 27 28 In the event that any third party or parties institute any legal proceedings against the 29 OWNER and /or the VILLAGE, which relate to the validity or any terms of this Agreement, then, 30 in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and 31 vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating 32 thereto, provided, however: 33 34 The OWNER shall not make any settlement or compromise of the lawsuit, or fail to 35 pursue any available avenue of appeal of any adverse judgment, without the approval of the 36 VILLAGE, which approval shall not be unreasonable withheld; and 37 38 If the Village, in its sole discretion, determines there is or may probably be, a conflict 39 of interest between the VILLAGE and the OWNER, on an issue of importance to the VILLAGE 40 having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have 41 the option of being represented by its own legal counsel. In the event the VILLAGE exercises 42 such option, then the OWNER shall reimburse the VILLAGE from time to time on written 43 demand from the President of the VILLAGE and notice of the amount due for any expenses, 44 including but not limited to court costs, reasonable attorney's fees and witnesses' fees and other 45 expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of the 46 OWNER to reimburse the VILLAGE under the terms of this subparagraph 2 shall terminate if no 47 such legal proceedings are brought within one (1) year from the date of the annexation of the 48 TERRITORY and, further, such obligation of reimbursement shall not apply if such legal 10 1 proceedings are based upon alleged errors, omissions or unlawful conduct of the VILLAGE and 2 not the OWNER. 3 4 In the event the VILLAGE institutes legal proceedings against the OWNER for violation 5 of this Agreement, and secured a judgment in its favor, or by settlement, the OWNER shall pay 6 all expenses of such legal proceedings incurred by the VILLAGE, including but not limited to, 7 the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection 8 therewith. 9 10 11 1 2 3 4 5 XXVI EXECUTION OF AGREEMENT 6 This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE 7 shall affix the date on which he signs this Agreement on page 1 hereof which date shall be the 8 effective date of this Agreement. 9 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the 11 day and year first above written. 12 13 14 an Illinois nicipal Corporation 15 16 17 18 19 ATTEST: 20 21 22 B 23 24 25 26 STATE OF ILLINOIS) 27 ) SS 28 COUNTY OF COOK) 29 30 I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY 31 CERTIFY that BRIAN K. REAVES, personally known to me to be the President of the Village 32 of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village Clerk of 33 said municipal corporation, and personally known to me to be the same persons whose names are 34 subscribed to the foregoing instrument, appeared before me this day in person and severally 35 acknowledged that as such President and Village Clerk, they signed and delivered the said 36 instrument and caused the corporate seal of said municipal corporation to be affixed thereto, 37 pursuant to authority given by the Board of Trustees of said municipal corporation, as their free 38 and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for 39 the uses and purposes therein set forth. 40 41 GIVEN u der my hand and official seal, this [ b 1)" day of 20 LC 42 VILLAGE OF LEMONT Village Clerk I �� Village '� t 43 44 45 46 47 48 Notary Publi My commission expires on OFFICIAL SEAL ROSEMAY YATES MY COMMISSION • ' RES 8.13.2012 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 OWNERS: Norman A. Tiedt Trustee of the Norman A. Tiedt Trust, Owner STATE OF ILLINOIS) ) SS COUNTY OF COOK) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named NORMAN A. TIEDT and PATRICIA A. TIEDT, personally known to me to be the same person whose name is 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 My commission expires on otary Public day of ,20 / ?. 13 OFFICIAL SEAL MARY E. LESNIESKI NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 1.30.2012 , 20k)