O-62-07 Ord. Annexation Agrmt Glen Oak EstatesVILLAGE OF LEMONT
ORDINANCE NO.0.6a b7
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 131.14 ACRES LOCATED AT THE SOUTHWEST CORNER OF
PARKER ROAD AND 131ST STREET
(Glen Oak Estates)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 13th DAY OF AUGUST, 2007
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 15TH DAY
OF AUGUST, 2007
ORDINANCE NO. (per '07
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 131.14 ACRES LOCATED AT THE SOUTHWEST CORNER OF
PARKER ROAD AND 131ST STREET
(Glen Oak Estates)
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, WILL, AND DuPAGE,
ILLINOIS, on this 13th day of August, 2007.
AYES NAYS ABSENT ABSTAIN
DEBBY BLATZER
PETER COULES 'I
CLIFFORD MIKLOS V
BRIAN REAVES fV
RON STAPLETON V
JEANNETTE VIRGILIO V
Approved by me this 13th day of August, 2007
JOHN . PIAZZA, Villag Pres'
Attest:
CHARLENE M. SMOLLEN, Village Clerk
7 -9 -07 Revised Draft
VILLAGE OF LEMONT
GLEN OAK ESTATES ANNEXATION AGREEMENT
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Improvements
IV Dedication and Construction of Streets, Sidewalks;
Donations; Miscellaneous
V Developer Donations and Impact Fees
VI Easements and Utilities
VII Development Codes and Ordinances and General Matters
VIII Approval of Plans
IX Notice of Violations
X Maintenance Bond
XI Damage to Public Improvements
XII Binding Effect and Term and Covenants Running with the
Land
XIII Notices
XIV Certificates of Occupancy
XV Warranties and Representations
XVI Continuity of Obligations
XVII Model Homes/Entrance Sign
ARTICLE TITLE
XVIII No Waiver or Relinquishment of Right to Enforce
Agreement
XIX Village Approval or Direction
XX Singular and Plural
XXI Section Headings and Subheadings
XXII Recording
XXIII Authorization to Execute
XXIV Amendment
XXV Counterparts
XXVI Curing Default
XXVII Conflicts Between the Text and Exhibits
XXVIII Severability
XXIX Definition of the Village
XXX Reimbursement of Costs
XXXI Execution of this Agreement
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EXHIBITS
EXHIBIT TITLE
A Legal Description of Territory
B Plat of Annexation, prepared by C. M. Lavoie & Associates, with a
date of May 31, 2007
C Final Plat of Subdivision, prepared by C. M. Lavoie & Associates,
with a date of August 8, 2007
D Land Use Plan, prepared by C. M. Lavoie & Associates, with a
date of August 8, 2007
E Final Engineering Plans for Glen Oaks Estates, revised August 8,
2007, including Final Engineering Plans for Parker Road
Improvements, prepared by C. M. Lavoie & Associates
F Landscape Plan dated May 31, 2007 prepared by Rolf C. Campbell
& Associates
G Covenants, prepared by Montalbano Builders, Inc.
GLEN OAK ESTATES ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (hereinafter, "Agreement "), is made and entered
into this 11 th day , 2007, by and between the VILLAGE OF LEMONT, a
municipal corporation • in the Counties of Cook, DuPage and Will, in the State of Illinois
(hereinafter referred to "VILLAGE ") and MONTALBANO BUILDERS, INC. (hereinafter
referred to as "OWNER "); the VILLAGE and OWNER are hereinafter sometimes referred to
individually as a "Party" and collectively as the "Parties "; 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 depicted
on Exhibit B by this reference made a part hereof'; and,
WHEREAS, OWNER filed a Petition for Annexation of the TERRITORY to the
VILLAGE (hereinafter, the "Petition ") that requested annexation of the TERRITORY subject to
execution of an annexation agreement acceptable to the OWNER and the VILLAGE; 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 by 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 Agreement; and,
WHEREAS, the VILLAGE will 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 new boundaries of the VILLAGE resulting from annexation of the
TERRITORY shall extend to the far side of every highway adjacent to the TERRITORY and
shall include all of every adjacent 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 said provisions of the Municipal Code, the corporate authorities
of the VILLAGE duly fixed a time for and held a hearing upon a proposed annexation
agreement, in substance and form substantially the same as this Agreement, and gave notice of
said hearing; and,
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WHEREAS, the corporate authorities of the VILLAGE considered annexation of the
TERRITORY described in the Petition and 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 this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants,
conditions and agreements herein contained, the Parties agree as follows:
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 for the 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. Upon
adoption of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall
cause a copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder,
and duly filed with the Cook County Clerk. The Village Clerk shall also send notice of
annexation of the TERRITORY to the Cook County Elections Department and the U.S. Post
Office branch serving the TERRITORY by certified or registered mail.
II
ZONING AND LAND USE RESTRICTIONS
1. Zoning Classification. 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 VILLAGE zoning ordinance, as amended, as R -4 PUD, Single- Family Detached
Residence District with a special use for a Planned Unit Development. Prior to the date of this
Agreement, such public hearings necessary to enable the VILLAGE lawfully to grant said
zoning classification as to the TERRITORY were conducted upon proper notice, and no further
action need be taken by the OWNER to cause the TERRITORY to be classified as R -4 PUD,
Single - Family Detached Residence District with a special use for a Planned Unit Development
once the TERRITORY is annexed to the VILLAGE.
2. Deviations. The ordinance granting such zoning classification shall also grant a
deviation from the Lemont Zoning Ordinance requiring 15 foot side yard setbacks and shall
allow a 10 foot side yard setback where a side load garage has been constructed as long as a total
30 foot distance is maintained between the structures on the adjoining lots. In cases where a ten
foot side yard setback is exercised on one side, the opposite side will have a twenty foot side
yard setback.
3. Final Engineering and Exhibits. The TERRITORY shall be developed substantially in
accordance with the:
1. Final Plat of Subdivision, prepared by C.M. Lavoie & Associates, with a date of
May 16, 2007, incorporated herein as Exhibit C.
2. Land Use Plan, prepared by C.M. Lavoie & Associates, with a date of May 16,
2007, incorporated herein as Exhibit D.
3. Engineering Plans, prepared by C.M. Lavoie & Associates, with a revision date of
June 22, 2007, incorporated herein as Exhibit E, with any future revisions as
required by the Village Engineer.
4. Landscape Plan dated May 31, 2007, prepared by Rolf C. Campbell & Associates,
Inc., incorporated herein as Exhibit F, with any future revisions as required by
the VILLAGE.
5. Covenants, prepared by Montalbano Builders, Inc., incorporated herein as
Exhibit G.
4. Building Permits. Within 30 days after receipt of an complete application by
OWNER 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 and Fire 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.
5. Stop Orders. 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 or other municipal codes or regulations 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.
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6. Ordinance Amendments. It is understood and agreed, except as otherwise provided
for herein, the Zoning Ordinance, 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, no use permitted under the R -4, Single- family Detached zoning regulations at the
time of the execution of the Agreement shall be denied to the OWNER and its successors or
assigns, unless the zoning classification of the TERRITORY is amended by the petition of the
OWNER or its 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,
Single - family Detached. The current requirements of the Village as to lot dimensions, lot area,
yard, setback, and other dimension restrictions, if any, shall continue to be applicable to the
territory.
7. Village Assistance. Upon approval of this Agreement, the Village agrees to execute
any and all MWRD Permits and to seek the approval of other governmental agencies including
but not limited to, adjoining municipalities to allow connection to its existing storm sewer
system.
8. Option. At Owner's sole discretion, Owner may develop the TERRITORY as a gated
subdivision with entrance gates and /or guard houses at the 131s` Street and Parker Road
entrances, and with the interior streets to be private streets maintained by the homeowners
association. If Owner elects to so develop the TERRITORY, such election must be made and
indicated on the initial Final Plat of Subdivision that is recorded, and the obligations for
maintenance of the private streets, entrance gates or guard houses by the homeowner's
association shall be set forth in the covenants which are recorded for the TERRITORY.
III
REQUIRED IMPROVEMENTS
1. Water Supply. OWNER shall construct and install at its expense all necessary on -site
water mains to service the TERRITORY. All water mains shall be constructed and installed 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
water mains to the water facilities of the VILLAGE and to furnish water service to houses
constructed in the TERRITORY on the same basis as water service is furnished to other parts of
the VILLAGE.
2. Sanitary and Storm Sewers. OWNER shall construct and install at its expense all
necessary sanitary sewers and storm sewers to service the TERRITORY in accordance with the
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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 to houses constructed
in the TERRITORY on the same basis as sewer service is 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.
3. Recapture Fee. OWNER acknowledges the existence of a sewer and water recapture
ordinance and agrees that no connection to the Village sewer or water system will be allowed
until payment is made as required by said Ordinance. The VILLAGE represents that it has the
capacity in its water supply and sewer system and that said system is operational. The
VILLAGE further represents that it has adequate capacity in said system and shall maintain said
capacity for the development of the TERRITORY. If OWNER pays or reimburses Homewerks
Lemont, LLC in excess of the amount due under the Recapture Ordinance (Ordinance # 0- 76 -06)
by court order or by settlement, the VILLAGE shall allow OWNER recapture rights as to such
amount. Recapture payments shall be made at the time of VILLAGE approval of each final plat
for recording, the amount of the payment shall be based upon the number of lots in each final
plat phase. .
4. Detention Area. The DEVELOPER agrees to construct detention basins in accordance
with VILLAGE standards (except as provided on approved engineering plans) including the
requirement to sod the detention basin which is to be conveyed and owned by a Homeowners
Association to be created by the DEVELOPER. 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 the detention area has been conveyed and accepted by
the Homeowners Association.
5. Dormant Special Service Area. The OWNER, DEVELOPER, their successors and
assigns, and Homeowners Association, shall at all times maintain the detention areas, common
areas, and any other areas under the control of the Homeowners Association in a neat and
orderly manner in accordance with the applicable ordinances, resolutions, codes, rules,
regulations, guidelines, and procedures adopted by the VILLAGE OF LEMONT from time to
time. The OWNERS, DEVELOPER, their successors and assigns, including Homeowners
Association, shall not object to, and shall agree to fully cooperate with the VILLAGE in
establishing and utilizing a Special Service Area ( "SSA ") for any of the TERRITORY as to a
back -up mechanism for the care and maintenance of any and all common areas of the
subdivision and /or DEVELOPER shall develop through a Declaration of Covenants on the
TERRITORY, a Homeowners Association which the VILLAGE may require approval prior to
approval of the Final Plat of Subdivision for any of the TERRITORY. The Homeowners
Association shall have the primary responsibility providing for the regular care, common
maintenance, common renewal and replacement of all common areas so as to keep the same in
clean, sightly and first -class condition as determined by the VILLAGE.
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In the event the VILLAGE utilizes the SSA to conduct the common area maintenance,
the VILLAGE shall also be entitled to the reimbursement of any and all costs associated in
administering the SSA including but not limited to, any applicable administrative costs, interest,
expenses, and attorney's fees. Notwithstanding the foregoing, the special tax roll shall not be
levied hereunder, and the SSA shall be "dormant ", and shall take effect if the VILLAGE finds
that the Homeowners Association has failed to conduct any and all of the common area
maintenance, as determined by the VILLAGE.
6. Park Site Provision. OWNER shall donate to the Lemont Park District the park site
shown on the Plat of Subdivision in Exhibit C, which is identified as Lot 257 and is
approximately 6_9 acres. OWNER shall also construct park improvements on the park site, as
agreed to between OWNER and the Lemont Park District, the cost of which park improvements
to be built by OWNER shall not exceed $295,500.0.0 (this amount being the remaining cash
donation due after crediting OWNER for the value of the park site land donation). Such park
site donation and construction of park improvements shall fully satisfy OWNER'S Park Impact
Fee. OWNER shall donate the park site and construct the park improvements as part of the first
phase of the development, so long as the Lemont Park District has completed the design and
specifications of the park improvements and provided such to OWNER.
7. Parker Road. OWNER will dedicate a right -of way for Parker Road 50 feet from the
center of right -of -way and shall improve said roadway to VILLAGE Collector Streets Standards.
In the event the OWNER does not dedicate the property as herein required and /or complete the
aforementioned improvements so required, then, in that event, the VILLAGE may deny /rescind
any building permit, Final Plat Approval, and any other permit applicable to any portion of the
TERRITORY. The Village has or will obtain any additional right -of -way necessary to improve
said roadway to Collector Streets Standards. VILLAGE will enact a Recapture Ordinance to
collect the proportionate share of the cost of the Parker Road improvements from the property
owner adjacent to the east side of Parker Road.
IV
DEDICATION AND CONSTRUCTION OF STREETS, SIDEWALKS,
MISCELLANEOUS
1. Streets. OWNER shall construct at its expense all public streets as shown on the Site
Plan in accordance with the Subdivision Regulations of the VILLAGE and 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, and more often if required by VILLAGE in its sole
judgment. For each day that the streets are not cleaned as required hereunder during
construction, OWNER shall be subject to a fine as provided in the Subdivision Regulations. If
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any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further
construction until paid.
2. Construction Hours. The Owner shall be responsible for strict adherence to
VILLAGE regulations on permissible hours of construction for all construction activity related
to the installation of public improvements. 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.
3. 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.
4. 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.
5. Dedications. A dedication measuring 50 feet from the center of the right-of-way,
shall be required along Parker Road and Derby Road.
6. 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.
7. Sidewalks and Street Trees. 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. 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
recording of the Final Plat of Subdivision for each individual phase. A Parkway Tree Plan and
data sheet shall be included as part of the final Landscaping Plan, attached hereto as Exhibit F.
This plan shall specify the number of street trees and the type of street trees assigned to each lot.
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V
DEVELOPER DONATIONS AND IMPACT FEES
1. Developer Donations and Impact Fees. Prior to recording a Final Plat of Subdivision,
OWNER shall pay cash contributions in accordance with the ordinances of the Village. 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:
• Lemont Park District — Refer to Section III (6) of this Agreement;
• Lemont - Bromberek School District 113A - OWNER shall pay $632,220.55 for the
benefit of Lemont - Bromberek School District 113A. If the TERRITORY is developed in
phases, the donation shall be paid on a pro -rata basis based upon the number of lots in the
phase for which the Final Plat is being recorded.
• Lemont Township High School District 210 - OWNER shall pay $316,000 for the
benefit of Lemont Township High School District 210. If the TERRITORY is developed
in phases, the donation shall be paid on a pro -rata basis based upon the number of lots in
the phase for which the Final Plat is being recorded.
• Lemont Fire Protection District - OWNER shall pay $74,500.00 if dwelling units are
unsprinkled, or $25,000.00 if the dwelling units are sprinkled for the benefit of Lemont
Fire Protection District. If the TERRITORY is developed in phases, the donation shall
be paid on a pro -rata basis based upon the number of lots in the phase for which the Final
Plat is being recorded.
• Lemont Library District - OWNER shall pay $40,453.22 for the benefit of Lemont
Public Library District. If the TERRITORY is developed in phases, the donation shall be
paid on a pro -rata basis based upon the number of lots in the phase for which the Final
Plat is being recorded.
• Public Safety Impact Fee — OWNER shall pay 1,000.00 per lot to the. VILLAGE for a
Public Safety Impact Fee. The total fee for all 250 lots shall be paid on a prorata basis at
the time of the recording of each final plat of subdivision for each phase.
• Annexation Fee - OWNER shall pay $62,500.00 to the VILLAGE for Annexation Fees.
The total fee for all 250 lots shall be paid at the time of the recording of the initial final
plat
• Water System Improvement Contribution - OWNER shall pay $1,000.00 per lot to the
VILLAGE at the time of issuance of building permit for the cost of expanding the well
and storage capacity to the TERRITORY.
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The VILLAGE shall not impose any donation, contribution, recapture or impact fee
requirement on OWNER or its successors and assigns for development of the TERRITORY
other than those specified in this Agreement.
2. Development Phases. The VILLAGE shall allow the DEVELOPER to develop the
subject TERRITORY in three (3) separate phases as long as mass grading, connecting storm
sewer system, detention facilities, and other drainage facilities are all in place at the time of
the first phase. Any impact fees, contributions, and securities shall be paid prior to recording
Final Plat of Subdivision for each individual Phase, except that Park District donations,
improvements and contributions as well as storm sewer system for the subdivision, walking
paths, including but not limited to Parker Road, shall be provided for in the First Phase and
adequate security posted for such improvements. By execution of this Agreement, the
Village is approving the Final Plat for the entire TERRITORY although final plats may be
recorded in three phases without further action by the Village Board provided developer
complies with all ordinances and terms of this Agreement. The requirement under Section
XVI (E)(2)(b) of the Village Zoning Ordinance to record a final plat of subdivision within 60
days shall not commence running until after each individual final plat is approved by the
VILLAGE „for recording.
Closing of Final Plats by Escrow. If requested by OWNER, VILLAGE and OWNER
shall provide for an escrow for recording of final plats, whereby OWNER [or Owner's
contract purchaser] shall deposit the security for, impact fees, and other necessary items for
recording of a Final Plat of Subdivision, and the VILLAGE shall execute and deposit into
escrow, the Final Plat of Subdivision the items shall be released by the Escrowee, and the
Final Plat of Subdivision shall be promptly recorded. No escrow deposits shall be held in
excess of 21 days and any costs including attorneys' fees shall be paid by the party
requesting the escrow.
VI
EASEMENTS AND UTILITIES
The OWNER agrees that the final plat of subdivision for the TERRITORY will grant to
the VILLAGE all necessary easements for the extension, maintenance, replacement and
repair of sanitary sewer, storm sewer, water, street, or other utilities, including cable
television, or for other improvements, subject to the provisions of the Subdivision Control
Ordinance, whish may serve not only the TERRITORY, but also other property in the
vicinity of the TERRITORY.
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 of
the OWNER to obtain all easements, bot on site and off site, necessary to serve the
TERRITORY.
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All electricity, telephone, cable television and gas lines shall be installed underground,
the location of which underground utilities shall be at the OWNER'S option, upon approval
of the respective utility companies.
VII
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS
1. Existing Ordinances. Except as otherwise provided in this Agreement, the
development of the TERRITORY 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 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, except as otherwise provided in this Agreement.
2. Occupancy Permits. No occupancy permit shall be issued 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 110% of Village Engineer's estimate. 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, 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 Engineer shall promptly, 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.
3. As -Built Engineering Plans. 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, but in no event later than
the time required by Ordinance No. 456, as amended.
4. Acceptance of Public Improvements. It is agreed that all of the public improvements
contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of
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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.
5. Debris Removal. 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.
VIII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans
and engineering submitted to VILLAGE by OWNER. If the VILLAGE determines 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.
IX
NOTICE OF VIOLATIONS
The VILLAGE will not issue stop orders directing work stoppage on building or parts of
the project without giving notice of the Section of the Code allegedly violated by OWNER,
so the OWNER may forthwith proceed to correct such violations as may exist. Morever, the
OWNER shall have an opportunity to correct possible violations. This paragraph shall not
restrain the Building Official or Code Enforcement Officials 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 on or near the site. VILLAGE shall provide OWNER
notice as required by Statute of any matter, such as public hearing, proposed building code
11
changes and policy changes or other matters that may affect the TERRITORY or
development of it under this Agreement.
X
MAINTENANCE BOND
At the time or times of acceptance by VILLAGE of the installation of any part,
component or 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 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 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 such correction.
XI
DAMAGE TO PUBLIC IMPROVEMENTS
The OWNER shall replace and repair any damage to public improvements installed
within, under, or upon the TERRITORY resulting from construction activities by OWNER,
its successors and 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.
XII
BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
1. Term. This Agreement shall be binding upon and insure to the benefit of the Parties,
successor owners of record, and assignees and lessees of the TERRITORY, and upon any
successor corporate authorities and employees of the VILLAGE and successor
municipalities, for a period of 20 years from the date of execution hereof.
2. Binding Effect. The terms and conditions of this Agreement relative to the payment
of monies and contributions to the VILLAGE, 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 of the TERRITORY.
12
3. Enforcement. 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 such other relief for the breach thereof as may be
authorized by law or that by law or in equity is available to them.
XIII
NOTICES
Unless otherwise required by VILLAGE ordinance, 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:
To VILLAGE: To OWNER:
1. Village President
418 Main Street
Lemont, Illinois 60439
2. Village Clerk
418 Main Street
Lemont, Illinois 60439
Montalbano Builders, Inc.
1801 Meyers Road, Suite 500
Oakbrook Terrace, IL 60181
Attn: Anthony Montalbano
CC: Michael McGurn,
General Counsel (same address)
Or such other addresses that any Party hereto may designate in writing to the other Party
pursuant to the provisions of this Section.
XIV
CERTIFICATES OF OCCUPANCY
1. Within five (5) business days after request by OWNER for a final inspection of a building
within the TERRITORY, the VILLAGE shall issue a 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.
13
XV
WARRANTIES AND REPRESENTATIONS
The OWNER represents and warrants to the VILLAGE as follows:
1. That identified on page 1 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 OWNER, no 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
thisAgreement and the attached Exhibits and that said legal description is accurate and
correct.
5. Montalbano Homes or any of their related companies will not construct single family
homes within the TERRITORY.
XVI
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.
Notwithstanding the foregoing, this Agreement shall be assignable by the OWNER
provided, however, that OWNER shall notify the Village Clerk, in writing, within five (5)
business days thereof, of any transfer of any interest in the TERRITORY for construction and /or
development, of the name or names of the transferees, and the portion or portions of the subject
property transferred; and further provided, that the assignee shall expressly assume liability for
all duties and obligations imposed by this Agreement, and evidence of such assignment and
assumptions shall be provided to the Village Clerk, and the VILLAGE shall consent to such
assignment and assumption, which consent shall not be unreasonably withheld and which shall
include the VILLAGE'S acceptance of replacement security. Individual lot sales to homeowners
are excluded from this notice requirement.
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XVII
MODEL HOMES/ENTRANCE SIGN
1. Model Homes. The OWNER/DEVELOPER may obtain building permits for no
more than eight (8) model homes to be constructed which shall at a minimum, be accessible to a
gravel roadway base sufficient to allow fire and police protection. No occupancy permits shall
be granted for any model homes until water and sewer connections have been made and roads
have been improved with a binder course. This Article shall not limit the number of model
homes after subdivision improvements have been installed (ie. sewer, water, detention, binder
course on the streets). OWNER/DEVELOPER may use model homes for a sales office for the
sale of lots or homes within the TERRITORY.
2. Subdivision Entrance Signs. The subdivision entrance signs shall be constructed of a
stone material approved by the Village Board and located in an area that is in an easement and
shall provide for perpetual care, maintenance and restoration by the Homeowners Association.
XVIII
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
party's right thereafter to enforce any such term, covenant, agreement or condition, but the same
shall continue in full force and effect.
The OWNER shall have the right to install a temporary sales trailer for use as a lot sales
office on the Property. The trailer shall be installed on a hard surface pavement, and shall have
hard surface pavement access and parking. The sales trailer shall be removed when all lots in
the subdivision have been sold. OWNER shall install and operate the sales trailer in compliance
with applicable Village ordinances. The sales trailer may be installed upon the property prior to
the recording of the initial final plat.
XIX
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
15
given only after and if all requirements for granting such approval have been met unless such
requirements are inconsistent with this Agreement.
XX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the
plural shall include the singular.
XXI
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 thereunder whether
covered or relevant to such heading or not.
XXII
RECORDING
A copy of this Agreement and any amendments hereto shall be recorded by the
VILLAGE at the expense of the OWNER within 30 days after the execution thereof.
XXIII
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.
16
XXIV
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.
XXV
COUNTERPARTS
This Agreement may be executed in two or more counterparts or duplicate originals, each
of which taken together, shall constitute one and the same instrument.
XXVI
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.
XXVII
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.
XXVIII
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
17
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.
XXIX
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.
XXX
REIMBURSEMENT OF COSTS
The OWNER agrees to reimburse the VILLAGE for reasonable attorney's fees, planning
consultants and engineering costs incurred by the VILLAGE in connection with the annexation
of the TERRITORY, or in the enforcement of any of the terms of the Annexation Agreement.
Such payment shall be made promptly upon receipt of a request from the VILLAGE of such
reimbursement, with copies of the bills attached. In the event of a challenge or objection to
contiguity, the OWNER waives any claim against the VILLAGE for any damages or injury and
will indemnify the VILLAGE for any costs or attorneys fees.
XXXI
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 1 hereof which date shall be the
effective date of this Agreement.
18
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
B
Village Clerk
VILLAGE OF LEMONT
an Illinois Municipal Corporation
By:
OWNER:
By
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Notary Certificates
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 F. 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.
IVEN under my hand and official seal, this (3 day of
.$ IU I AAI.
•
Nota
My comm
sion ex •'
lic
res
OFFICIAL SEAL
ROSEMAY YATES
MY COMMISSION EXPIR &S 8.13.2008
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK)
, 20
2007.
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that A„ „ , 4.� y it , It _,.I e_ I appeared before me this day in
person and acknowledged tha e signed and delivered the said instrument as his own free and
tary act for the uses and purposes therein set forth.
nd and official seal, this
Notary Public
My commission expires
20
/ day of , 2007.
,20 D$.
Official Seal
Kelly N Lombardo
Notary Public State of Illinois
My Commission Expires 08!27/08
EXHIBIT A
Legal Description of TERRITORY:
Parcel 1: THE SOUTH 1/2 OF THE SOUTHEAST'' /4 AND THE EAST FIVE ACRES OF
THE SOUTH 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Parcel 2: THAT PART OF THE SOUTHEAST '/4 OF THE SOUTHWEST'' /4 OF
SECTION 34 AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER THEREOF; THENCE SOUTH, 10.02 -1/2 CHAINS; THENCE WEST,
6.43 CHAINS, MORE OR LESS TO AN OLD ROAD, THENCE NORTH 17 DEGREES, 30
MINUTES EAST, 10.57 CHAINS; THENCE EAST, 3.28 CHAINS, MORE OR LESS, TO THE
POINT OF BEGINNING, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Parcel 3: LOT 1 OF THE EAST '/2 OF LOTS 6 AND 7 IN COUNTY CLERK'S
DIVISION OF THE SOUTH '/2 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPALMERIDIAN, EXCEPT OF FIVE ACRES OF LAND DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST'' /4, A DISTANCE
OF 425.0 FEET FOR A POINT OF BEGINNING, THENCE WESTERLY AND PARALLEL TO
THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 633.14 FEET; THENCE
SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE
OF 344.0 FEET; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID
SOUTHEAST 1/4, A DISTANCE OF 633.14 FEET TO A POINTIN THE EAST LINE OF SAID
OF SOUTEAST 1/4; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST
1/4, A DISTANCE OF 344 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY
ILLINOIS.
Parcel 4: THAT PART OF LOTS 1 AND 6 IN COUNTY CLERK'S DIVISION OF THE
SOUTH 1/2 OF SECTION 34 TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF THE SOUTHEAST' /4 OF SAID SECTION 34; THENCE SOUTHERLY ALONG
THE EAST LINE OF SAID SOUTHEAST'' /4 A DISTANCE OF 425.0 FEET TO A POINT FOR
THE POINT OF BEGINNING; THENCE WESTERLY AND PARALLEL TO THE NORTH
LINE OF SAID SOUTHEAST'` /4, A DISTANCE OF 633.14 FEET; THENCE SOUTHERLY AND
PARALLEL TO THE EAST LINE OF SAID SOUTHEAST'' /4, A DISTANCE OF 344.0 FEET;
THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 633.14 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHEAST 1/4;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 A DISTANCE
OF 344.0 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.