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O-73-05 09/12/2005ORDINANCE NO. ILO' u Doc#: 0633315084 Fee: $134.00 Eugene "Gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 11/29/2006 10:10 AM Pg: `11 r`i. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A .91 ACRE PARCEL LOCATED AT 10990 ARCHER AVENUE, LEMONT, ILLINOIS (NORTH SOUTH CONCRETE) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 12TH DAY OF SEPTEMBER, 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 SEPTEMBER, 2005 ORDINANCE No. I I ( 05 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A .91 ACRE PARCEL LOCATED AT 10990 ARCHER AVENUE IN LEMONT, ILLINOIS (NORTH SOUTH CONCRETE) 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 September, 2005. Debbie Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio Attest: AYES NAYS ABSTAIN ABSENT V f CHARLENE SMOLLEN, Village Clerk Approved by me this 12th day of September, 2005 JOHN F. e President ANNEXATION AGREEMENT North & South Concrete ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Binding Effect and Term and Covenants Running with the Land IV Notices V Reimbursement of Village for Legal and Other Fees and Expenses VI Warranties and Representations VII No Waiver or Relinquishment of Right to Enforce Agreement VIII Village Approval or Direction IX Singular and Plural X Section Headings and Subheadings XI Recording XII Authorization to Execute XIII Amendment XIV Counterparts XV Curing Default XVI Conflicts Between the Text and Exhibits XVII Severability XVIII Definition of the Village i XIX Execution of this Agreement EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property ii ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter collectively referred to as "VILLAGE "), and Lawrence Mulhern (hereinafter referred to as "OWNER "). 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 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 iii 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 the execution of this Agreement. Notwithstanding anything contained to the contrary in this Agreement, the parties hereto further acknowledge that upon annexation, the OWNER shall not have any obligations or liabilities under this Agreement, all undertakings hereunder being undertakings and obligations solely of OWNER. 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 M -2 Manufacturing District with a Special Use granted for outside storage of trucks. 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 OWNER to cause the TERRITORY to be rezoned as an M -2 District once the parcel is annexed to the VILLAGE. The Village Zoning Board of Appeals conducted public hearings as necessary to lawfully grant said Zoning Classification on June 7th, 2005. 2. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown shall be granted a Special Use for outside storage of trucks with the following conditions: a.) There is a two -year sunset clause upon the execution of this agreement. Upon the expiration of this sunset clause, the OWNER may seek approval for an extension of the special use through the Zoning Board of Appeals. b.) The maximum number of vehicles allowed in the parking lot at any given time is eight. c.) All vehicles will be parked in the back of the property. d.) A required Phase I Environment Site Assessment will be conducted. e.) Any outdoor storage will be fenced M. 2 f.) Zoning Board of Appeals reserves the right to request additional screening if the property is not maintained. g.) Current "Sidetracked," signs shall be removed. h.) Weeds must be removed and lot must be kept in accordance with all required property maintenance. III 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 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, 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. IV 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: 1. Village President 418 Main Street Lemont, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 3. Village Administrator 418 Main Street Lemont, IL 60439 3 For OWNER/DEVELOPER: Lawrence Mulhem — North & South Concrete, Inc. 1405 St. Vincent Drive Lemont, Illinois 60439 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. V REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The OWNER/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 Territory: a. the costs incurred by the Village for engineering or planning services; b. all attorney's fees incurred by the Village; and c. miscellaneous Village expenses, such as legal publication costs, recording fees and copying expenses. 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, OWNER/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, attorneys' 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. Such costs and expenses incurred by the VILLAGE in the administration of the Agreement shall be evidence to the OWNER upon its request, by a sworn statement of the Village; and such costs and expenses may be further confirmed by the OWNER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNER. 4 Notwithstanding the immediately preceding paragraph, OWNER 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 and /or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the OWNER, 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. OWNER 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 unreasonably withheld. b. If the VILLAGE, in its sole discretion, determines there is or may probably be, a conflict of interest between VILLAGE and OWNER, 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 OWNER 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 OWNER 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 or unlawful conduct of VILLAGE and not the OWNER. In the event the VILLAGE institutes legal proceedings against OWNER for violation of this Agreement, and secured a judgement in its favor, the court having jurisdiction thereof shall determine and include in its judgement all expenses of such legal proceedings incurred by VILLAGE, including but not limited to the court costs and reasonable attorneys' fees, witnesses' fees, etc., incurred by the VILLAGE in connection therewith. OWNER may, in its sole discretion, appeal any such judgment rendered in favor of the VILLAGE against OWNER. 5 VI WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That Lawrence Mulhern, identified on page 1 hereof is the legal title holder and owner of record of the respective parcel of the TERRITORY. 2. That the OWNER proposes to use 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. VII 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. VIII 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. 6 IX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. X 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. XI 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. XH 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. XIII 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 7 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. XIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XV 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. XVI 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 govem. XVII 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 judgement or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. 8 XVIII 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. XIX 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: Village Clerk VILLAGE OF LEMONT an Illinois Municipal Corporation Bv: Village Pr<.ident OWNER: Lawrence Mulhem By: 9 Its 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 F. PIAZZA is personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of , 2005. Commission expires , 20_ Notary Public 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 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 day of , 2005. Commission expires , 20 Notary Public 10