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O-10-05 02/14/2005ORDINANCE NO ' ' , _' Illl�l��i'� .,' Illl�l�ll�lll� II�IIIN 0530027085 F $82.50 p gene "Gene" Moore Deeds Cook County Recorder of D Date: 1012712005 12:29 PM P9' 1 of 30 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY THREE (3) ACRE PARCEL LOCATED AT 1243 AND 1251 STATE STREET IN LEMONT, ILLINOIS (LEMONT VILLAGE SQUARE PUD) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 14Th DAY OF FEBRUARY, 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 14Th DAY OF FEBRUARY, 2005 ORDINANCE NO.0 -10 ' 05 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY THREE (3) ACRE PARCEL LOCATED AT 1243 AND 1251 STATE STREET IN LEMONT, ILLINOIS (LEMONT VILLAGE SQUARE PUD) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 14Th DAY OF FEBRUARY, 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 14TH DAY OF FEBRUARY, 2005 ORDINANCE NO.0- /0 Q� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY THREE (3) ACRE PARCEL LOCATED AT 1243 AND 1251 STATE STREET IN LEMONT, ILLINOIS (LEMONT VILLAGE SQUARE PUD) 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 14'' day of February, 2005, Debbie Blatzer Peter Coules Brian Reaves Steven Rosendahl Ron Stapleton Jeanette Virgilio Attest: AYES NAYS ABSTAIN ABSENT v VI RLENE SMOLLEN, Vi lage Clerk Approved by me this 14th day of February, 2005 Arai JOHN F. 'JAZZ •lge President L: \COMMUNITY DEVELOPMENT DEPTICASE FILES\2004124 27 Lemont Village SquareIEXECUTE AGRMNT ORD.wpd VILLAGE OF LEMONT ANNEXATION AGREEMENT Village of Lemont and OS Lemont Development, LLC. (Lemont Village Square PUD) ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks, Miscellaneous V Easements and Utilities VI Development Codes and Ordinances and General Matters VII Approval of Plans VIII Notice of Violations IX Maintenance Bond X Damage to Public Improvements XI Binding Effect and Term and Covenants Running with the Land XII Notices XIII Certificates of Occupancy XIV Warranties and Representations XV Continuity of Obligations XVI No Waiver or Relinquishment of Right to Enforce Agreement XVII Village Approval or Direction XVIII Singular and Plural XIX Section Headings and Subheadings XX Recording XXI Authorization to Execute XXII Amendment XXIII Counterparts XXIV Curing Default XXV Conflicts Between the Text and Exhibits XXVI Severability XXVII Definition of the Village XXVIII Execution of this Agreement EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Plans, Elevations and Planned Unit Development Exhibits ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 14th day of February, 2005, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and OS Lemont Development, LLC. (hereinafter referred to as "OWNER "); and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY ", the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq.; and, WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: 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 practicable after execution of this Agreement, 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as B -3 Arterial Commercial District and Planned Unit Development. Prior to the date of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been conducted upon proper notice, and no further action need be taken by the OWNERS to cause the TERRITORY to be rezoned as a B -3 Arterial Commercial District once the TERRITORY is annexed to the VILLAGE. The TERRITORY, in combination with additional property previously annexed and zoned B -3 District by the VILLAGE, shall be developed in accordance with the site plan, attached hereto and incorporated herein as Exhibit C. 2. As soon as it is practical after the authorization of this AGREEMENT, the VILLAGE shall approve the appropriate ordinance granting a preliminary Planned Unit Development. Said Planned Unit Development shall be in substantial conformance with the exhibits listed in Exhibit C. The plans and exhibits listed in Exhibit C depict a shopping center of approximately 43,000 square feet on approximately 7.22 acres. The VILLAGE agrees to provide in the Planned Unit Development ordinance that a drive - through lane for a coffee shop /cafe shall be permitted using a standard of six (6) car "stacking" spaces notwithstanding the Village requirement of five (5) car stacking spaces per service window or fifteen (15) total spaces, whichever is less; and that outdoor dining/seating for the coffee shop /cafe building shall be permitted as depicted on the site plan. 2. Building Permits. Within 30 days after receipt of an application by OWNERS for a building permit for construction of any buildings, or other improvements on the TERRITORY, the VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such construction subject to satisfaction of specified conditions consistent with the terms of this Agreement, or issue a letter of denial of such permit specifying the basis of said -2- denial by reference to the provisions of the VILLAGE's Building Code applied in accordance with this Agreement, which the subject construction would allegedly violate. If the VILLAGE conditionally approves such a permit, the VILLAGE shall issue the permit unconditionally within five (5) working days after satisfaction by the OWNER of the specified conditions. Any stop order issued by the VILLAGE directing work stoppage on any building or other improvement on the TERRITORY shall specify the section of the VILLAGE's Building Code allegedly violated by the OWNER and shall give the OWNER 30 days in which to cure or diligently commence cure of such violation. Upon correction of any such violation, work on any improvement subject to a stop order may recommence. 4. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the B -3 Arterial Commercial District at the time of the execution of the Agreement shall be denied to the OWNER, their successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, their successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the B -3 Arterial Commercial District and permitting the commercial development. III REQUIRED IMPROVEMENTS 1. Water Supply. OWNER shall construct and install at their expense all necessary on- site water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned v'ater mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. OWNER shall construct and install at their expense all necessary sanitary sewers to service the TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. OWNER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap -on fees required by the Village shall not be waived. All detention areas -3- and storm sewers shall be owned and maintained by the OWNER, with right of access by the VILLAGE for emergency maintenance purposes. IV DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS; MISCELLANEOUS 1. Streets. All streets required have been developed and approved by the State or Cook County. No additional improvements are required 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 any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. 2. Sidewalks & Parkway Trees. OWNER shall be required to construct sidewalks and install parkway trees along the public rights -of -way. Also, if at a future date the VILLAGE establishes a special assessment district for the installment of sidewalks, parkway trees or other infrastructure improvements along or near to McCarthy Road, which includes the TERRITORY in said district, OWNER shall not object to the establishment of such a district. 3. Dedications. No further dedication of right -of -way is required provided that a fifty (50)- foot wide right -of -way as measured from the center line of State Street has been dedicated previously. 4. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of way shall be included in the required letters of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. 5. Additional Property; Amendment of Plans. The OWNER represents that it is the contract purchaser of an approximately 2.5 acre parcel ( "the additional property") which is not the subject of this annexation or the zoning and land use approvals granted herein. In the event the OWNER acquires the additional property, which is contiguous to the subject property, and the VILLAGE approves the requested zoning and other land use approvals for the parcel, the OWNER AND VILLAGE agree to make their best effort to interconnect the shopping center development to 127th Street by means of cross - access easements or public streets as the case may be. The VILLAGE agrees to consider shared storm water detention between the subject property and the additional property, provided the storm water management design is in keeping with the ordinances of the VILLAGE and Illinois drainage law. Any amendment to the storm water management plans or any -4- other major change to the plans and exhibits listed in Exhibit "C" shall require approval of the Village Board. 6. Fire Protection Impact Donation. The OWNER agrees to pay, and the VILLAGE shall collect on behalf of the Lemont Fire Protection District, the sum of $0.08 per square foot of gross floor area in the proposed buildings on the property ($0.16 per square foot for any building not equipped with a fire suppression system) prior to the issuance of any building permits. 7. Recapture. The OWNER agrees to pay a water system recapture fee as required by Ordinance No. 0- 41 -99, known as the "Mallard Development, Harper's Grove Subdivision Recapture Agreement," prior to connection of any improvements on the subject property to the water supply of the VILLAGE. V EASEMENTS AND UTILITIES The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, all necessary easements for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements, subject to the provisions of the Subdivision Control Ordinance, which may serve not only the TERRITORY, but other TERRITORY in the general area, if requested by the VILLAGE in the future. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. 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 company. VI DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS. The development of the TERRITORY annexed shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development is issued. Planning and engineering designs and standards shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. -5- No occupancy permit shall be issued for any for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by OWNER may be commenced at any time after OWNER has delivered to VILLAGE an irrevocable letter of credit, in a form satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the amount of one - hundred fifteen percent (115 %) of the OWNER Engineer's estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private, and after approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds be utilized by the OWNER for the future payment of contractors, materials salaries and wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of said Letter of Credit and therefore should not be used for time - sensitive payment purposes. The VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to be reduced, from time to time, as major public improvements are completed, upon approval of the VILLAGE Board. 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. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if OWNER removes the debris as directed by the VILLAGE within the ten (10) day notice period. VII 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 shall determine that any such -6- 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. VIII NOTICE OF VIOLATIONS The VILLAGE will issue no 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. Moreover, the OWNER shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. IX MAINTENANCE BOND At the time or times of acceptance by the VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of ten percent (10 %) 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 twelve (12) 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 the VILLAGE of said corrections. X DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. -7- XI BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor owner's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof, The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -of -way to the VILLAGE and the developmental standards established herein shall constitute covenants which shall run with the land. It is further agreed that any party to this Agreement, either in law or in equity, by suit, action, mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have other such relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XII 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 -8- For OWNER: Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XIII CERTIFICATES OF OCCUPANCY 1. Within five (5) days after request by OWNER for a final inspection of a building within the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such building or issue a letter of denial of a certificate of occupancy identifying the correction necessary as a condition of a certificate of occupancy and specifying the section of the Building Code relied on by the VILLAGE in its request for correction. 2. The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for structures between November 1st and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior concrete or asphalt work for any such structure (it being understood that if other work remains to be done, no occupancy permit, provisional or otherwise, will be issued). As a condition of the issuance of any such provisional occupancy permit, the OWNER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XIV WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof is the OWNER as legal title holder. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. -9- 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. XV 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. XVI 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. XVII 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. XVIII SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. -10- XIX 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. XX 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. XXI 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. XXII 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. XXIII COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXIV 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. XXV 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. XXVI SEVERABILITY If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. XXVII 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. -12- EXECUTION OF AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: B Village Clerk OWNER: VILLAGE OF LEMONT an Illinois Municipal Corporation Bv: -13- Village P side 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 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. VEN under my hand and official seal, this 114 day of / 20 Notary Pu lid` My commission expires OFFICIAL SEAL ROSEMAY YATES STATE OF ILLINOIS) ) SS. COUNTY OF COOK) MY COMMISSION EXPIRES 8.18.2008 20 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named , personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this Notary Public day of , 20_ My commission expires , 20 G1COM.MONITY DEVELOPMENT DEPRCASE FILESI2004124 271<mnru Village squve\ANX AGR - Village Square.wpd -14- EXHIBIT "A" The subject properties are located at 1243 and 1251 S. State Street in Lemont, Illinois and are legally described as follows: 1243 STATE STREET: THE SOUTH 100 FEET OF THE WEST 225 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 'A OF THE NORTHWEST 'A OF THE NORTHEAST 'A OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS 1251 S. STATE STREET THE NORTH 1/2 OF THE SOUTH %2 OF THE NORTH' /2 OF THE SOUTHWEST'' /4 OF THE NORTHWEST'' /4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS THE SOUTH HALF OF THE SOUTH %2 OF THE NORTH 'A OF THE SOUTHWEST 1/4 OF THE NORTHWEST'' /4 OF THE NORTHEAST'/, OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS L: \COMMUNITY DEVELOPMENT DEPTCASE FILES \ 2004\24.27 Lemom Village Square \Lemont Village Square Annexation OM.wpd -3-