O-58-06 08/28/2006ORDINANCE NO ed6
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR APPROXIMATELY 3 ACRES LOCATED AT 12420 ARCHER
AVENUE AND 12490 WARNER AVENUE
(ATLANTIS BANQUET CENTER)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 28TH DAY OF AUGUST, 2006
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 28TH DAY
OF AUGUST, 2006
ORDINANCE NOQ (%
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR APPROXIMATELY 3 ACRES LOCATED AT 12420 ARCHER
AVENUE AND 12490 WARNER AVENUE
(ATLANTIS BANQUET CENTER)
WHEREAS, Stanley Bafia has petitioned the Village of Lemont for annexation of the
territory located at 12420 Archer Avenue and 12490 Warner Avenue, described in Exhibit A and
depicted on Exhibit B ( Subject Property); and
Whereas, the owner of the Subject Property is ready, willing and able to enter into an
annexation agreement and perform the obligations as required therein; and
WHEREAS, the Village Board of the Village of Lemont has determined it is in the best
interest of the Village of Lemont to enter into Annexation Agreement attached as Exhibit C;
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 28th day of August, 2006.
Debbie Blatzer
Peter Cowles
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
AYES
v
NAYS ABSTAIN ABSENT
Attest:
C LENE SMOLLEN, Village Clerk
Approved by me this 28th day of August, 2006
F.PAZ'A,'il
age President
EXHIBIT A
FARCE. 1
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gl IN MATT CLEVOr S DIVISION Oc SECTION' 27. TOWNSNIP 37 WORN RANGE 11 EAST OF THE TWO PRINCIPAL
NERIDIAN. OES011tat AS 1'00_085: CONNEhrIN13 Al 4 POPir th' PE NORTH LINE O' THE SWIMS:St 1/4 OF SAID
SECTION 21, ANICli IS 471.27 FEET EAST a ITE NOR Pour coRtsriff OF SAID tar 21. THENCE SOWN 30 DEGREES
EAST, PARALLEL .ITN THE NESTERLY LINE OF SAID LST 21. 4 DISTANCE OF 4841..9‘ FEET ro rmig: PLACE OF
PENCE ctwrinrortia SAVIN 3C Di-GREEs FAST 351,61 FEET, TfeNCf NORTH 60 DEGREES EAST 225 $7
4717 TO A POINT ON 4 i rWp ;SAID 1 NE Of7A1 DESCRIBED AS FOLLONS. f.D.NeENCTAG AT A POINT IN m NORTH
Cr*" OF Attr SCOJTAWST 1/4 SAM SECTION 27. kNICH 1$ 471,27 FEET EAST (Ar Y ORMWEST CORreW Or SATO
tOT 21 T4ENCE sow?, JO DECREES EAST. 1294 75 FEET To TI cEN1EA LIN1 Of ARCHER 44,1.1ALE, AS PA
NMI h TEAS! fik r *Latia r:.5ivepq LINE Of ACKWEP A VCIE, PAVEV. 176.32 ftEt 10 ME PLACE Of
*CIMINO OF Rif AFORESAID LINE, ryorE NORTHNESTE•kr 1087.30 Fff7 TO paiwr IAi rir tCatfi Lpve or SATO
SOVTHAESt VA OF SECTION 27. SAW POINT 8EAG 825 ,32 FEET EAST CF DoT NAM:WEST COWER Or SAM or al;
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1/4 OF SAID SECTIO RZ itHi'ai IS .17.1 FEET EAST .54 NiE NORTHNESI (*.MEP 04. SAID LOT 2.1; THENCE SOUTH
X DE6RfE$ EAST. PP/MU& rHE *STEN Y L lie as, SAW LOT 21, A DISTANCE GIF 1,35. .31 FEET' TO THE PLACE
OF limECANiNG.' THENCE CaN/Pottin 5t1' 3.J DEGREES EAST A158,80 Far TO 71C CENTER LINE Ar ARAIR? AVEIA1E,
AS POW.' PESVE &MOUS rERL Y, ALMS INC CENTER LINE 01 AACHER MACAW, AS PAVED 178.32 FEET; MENU'
awhicsrentY, 421.79 far ato LIN& SAID LINE INTERDFCTS N NGRTH f OF sArp germ 825.95
FEET EAST OE thE warmitar coReet-R mill tor THFNCF stx9rAWSTEAr 225.07 FEET TO THE PLACE OF
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VILLAGE OF LEMONT
ANNEXATION AGREEMENT
Atlantis Banquet Center
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Improvements
IV Rights -of -Way
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 Reimbursement of Costs
XXIX Execution of this Agreement
EXHIBIT TITLE
A Legal Description of TERRITORY
B Plat of Annexation
C Site Plan
ANNEXATION AGREEMENT
Atlantis Banquet Center
THIS ANNEXATION AGREEMENT (hereinafter, "Agreement "), is made and entered
into this 28th day of August, 2006, by and between the VILLAGE OF LEMONT, a municipal
corporation within the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter
referred to as "VILLAGE ") and Stanley Bafia (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 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,
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, Variances. 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 B -3 Arterial Commercial
District. The ordinance granting such classification shall also grant a variation to §XII.H.2 of the
Lemont Zoning Ordinance to allow a minimum landscape width of three feet instead of the ten
feet required for the drive aisle and garbage dumpster enclosure along the east property line and
another variation to §XII.H.2 of the Lemont Zoning Ordinance to allow a minimum landscape
width of zero feet instead of the required ten feet for the property line behind the banquet facility
as shown in Exhibit C (hereinafter, the "Site Plan "). Prior to the date of this Agreement, such
public hearings necessary to enable the VILLAGE lawfully to grant said zoning classification
and variances 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 B -3 Arterial
Commercial District and the variance to be granted once the TERRITORY is annexed to the
VILLAGE. The TERRITORY shall be developed substantially in accordance with the Site Plan,
-2-
prepared by H.E. Miller, Architect, dated December 1, 2004 with a revision date of April 15,
2006.
2. Building Permits. Within 30 days after receipt of an 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 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.
3. 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 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. 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 B -3 Arterial Commercial District 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 B -3
Arterial Commercial District.
5. Final Plat of Subdivision/Final Site Plan. Subsequent to the annexation and zoning of
the TERRITORY, but prior to commencing construction work, OWNER shall submit, and the
VILLAGE shall cause to be approved, a final plat of subdivision of the TERRITORY and Final
Site Plan that is substantially similar to the Preliminary Site Plan with regard to lot sizes and
configuration, location of streets and utilities, and provision of storm water management
facilities. Prior to Final Plat of Subdivision/Final Site Plan approval:
• Final Landscape Plans shall be submitted by OWNER and reviewed and approved by the
VILLAGE'S consulting arborist or Community Development Department.
• Final Engineering Plans shall be submitted by OWNER and reviewed and approved by
the VILLAGE's Engineer.
-3-
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.
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
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 structures
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. All storm water detention areas and storm
sewers shall be owned and maintained by the VILLAGE.
3. Sidewalks & Parkway Trees. OWNER shall construct public sidewalks and install
parkway trees along public street frontage.
IV
RIGHTS -OF WAY
1. Upon development of the TERRITORY, the OWNER agrees to dedicate the public
such additional right -of -way as may be required by the State of Illinois for future roadway
improvements to Archer Avenue (Illinois Route 171)
V
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, which 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, both on site and off site, necessary to serve the TERRITORY.
-4-
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.
VI
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS.
1. Existing Ordinances. 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.
2. Occupancy Permits. 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 110% 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, 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.
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
VILLAGE and be integrated with the municipal facilities now in existence or hereinafter
constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance
-5-
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.
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 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.
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 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 that
may affect the TERRITORY or development of it under this Agreement.
IX
MAINTENANCE BOND
At the time or times of acceptance by VILLAGE of the installation of any part,
component or all of any public improvement in accordance with this Section, or any other
-6-
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 VILLAGE of
such correction.
X
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.
XI
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.
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 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:
-7-
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
For OWNER:
1. Stan let Bafia
13135 Pin Oak Drive
Homer Glen, IL 60491
Or such other addresses that any Party hereto may designate in writing to the other Party
pursuant to the provisions of this Section.
XIII
CERTIFICATES OF OCCUPANCY
1. Within fifteen (15) 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
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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 this
Agreement and the attached Exhibits and that said legal description is 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
-9-
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.
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 hereto shall be recorded by the
VILLAGE at the expense of the OWNER within 30 days after the execution thereof.
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
-10-
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 or duplicate originals, 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.
XXVIII
REIMBURSMENT 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
upon default by the OWNER. Such payment shall be made promptly upon receipt of a request
from the VILLAGE of such reimbursement, with copies of the bills attached.
XXIX
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:
B
Village Clerk
VILLAGE OF LEMONT
an Illinois Municipal Corpor don.
Al4di
By:
OWNER:
illage Presid
nt
-12-
Stanley Bafia
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.
GIVEN under my hand and official seal, this Z R day of Au E 20 0 b
My commission expires
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK)
OFFICIAL SEAL
ROSEMAY YATES , 20
NOTARY PUBLIC, STATE OF IWNOIS
MY COMMISSION EXPIRES 8.13.200$
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 , 2006.
Commission expires , 20
Notary Public
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Exhibit A
PARCEL
THf SOVDCZT 19Z FEFT, AS 010,109E0 W Titc EWA. A.Y0 kesTakr Limes TNEREW, rgal 01` LOI
2/ IN atkvir arAr'S olv1515w oF SECTrow TONNSHIP 37 t•I'Wth AIMEE 11 EAST Er THE TH.= PRINCIPAL
NErtiolm OESCHIWELT 45 FOLISIVS: CONMENC1116 A7 A poltir J NORTH LINE Cr THE SOUTNNEST 1/4 OF SAID
SECTION 21, 15 171.2i FEET EAST LT rff AEIRrtorst cutriEg oF skra tor 2.1. nou SOWN 30 DEGYES
EA 5 T, PARALLEL WI F1 THE ME5reRLY LINE OF SAW LOT 21, A DISTANCE (X 484,34 FRU TO Th'F: PLACE Or
BEC-IhNINS, THENCE CaNnAVINC SW 36 DEGRas EA$T 351, as FEU: THENCE NORTH CO OtTREE$ CAsr 5 '7
FEET tO A POTNT OH A L "SALT (Awl SEINS afSCRIef0 AS Fatiale$: C54144P•MV AT A PINT r& Tif
PlAr oF YW s0urr6CST 1/4 Or sill) $C17 ANICH Is 471,27 FEET EAST poE wrolter w scut
mova sour,1 30 acoREfs EAsr. 1294,75 FEET TO THE aNIER LINE OF ANCHEH AVENUE, AS FATED:
Peicf NCW WAS/I'M. r .04 CtbriEs4 LINE % ArK,HEP AvErivE„ A5 PAVED, 178.32 FEET TO TtE PLACE CF
OECIVIINY Of nit ArgoEsocto LAC th/NLE NONTHWE5 TEFL T 1087.30 Far TO .4 PONT IN TIE taJTY1 LIM' OF sAili
SCUMWE51 1/4 .2F SECTION 27, 54Z POINT KI 3 Far EAST 0F 7)11- tiNDIVREST C173 OF SALO LC?" 21/ ,
MENCE 103ThAIFSTMT 0,1 THE AFOWSAID LINE A 013704E FF 354,33 FEET TO A POINT: TOISCE Safi THIVEg TEM,
Peg. 65 r m Thf PIACE Or OESTAWITIA TN COV MiTr. MIKIS
PAL
NI.T FART Or' LOT 21 IN MwTV aS aivarefri sfcraw RZ TOlvkcgle 31 NORTH ROSE If EAST Or 7Hi
now 147,roKIPAI„ A'STOTAN CESCARED AS FALOWS,' CLOAEHC1,4 47 .4 POINT Pi THE MOTH c rAf 'NE SZIJIV/EST
1/4 OF SAID SECTICN AHICH 15 ATI ,Z7 FEET EAST Or THE NORThviES7 CORNER OF 5410 LOT 21; f•ENCE SatrIl
OEVEE5 EAST. pArman. wJrH tre wESTEKr LI* i54 SAW tor 21, 4 DISTANCE ET T nE PLACE
860INNINC: TVENCE CONTEC1146 5,5vN „la LIEGIrES EAST 459. 60 FEET TO PE CrorrEA TAT T .410.07
45 1,440; MENCE NORTHEASTERLY, ALON6 THE EZNTER LIW OF ARCHER A OWE AS PAVED 178.32 FEET: DEPICF
04114 POWS TERt T, 421.19 FEET as' A tin& S4Y 1, T INTEWCTS OA rei OW OF SATO ,WCTION V, V5,95
FEET EAST SE ThE NORTHWST CORNER OF -54I0 or 21'; FAIENCE SOWWSTERcv 22,5,81 FEET TO THIF PLACE OF
OCEPitila. csfa.ATH'ING 2,00 Angf$ MP $449dECT r A 15 FOOT EAsERENT OVER TOE EASTEW r 16 FEEI
4FoRE3A10 TRACT IV INGRESS, EMU AM PVErcic 4/711.1 ars, ALL TN COX robwrr, ILLIor5 4L50 stavEct
nt RI9175 OFN E POUCH E J ARCOER A VEMTE.
Legal Description of TERRITORY
-14-
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EXHIBIT B
PLAT OF ANNEXATION
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EXHIBIT C