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O-55-06 08/28/2006I •` ORDINANCE NO0 - 6,45-4,Asi NE „., It tiff, d NJ L H# Docc#e 0631815088 Fee: $88.00 Eugene "Gene Moore Cook County Recorder of Deeds Date: 11/14/2008 12:23 PM Pg: 1 of 33 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 14.16 ACRE PARCEL LOCATED AT 120- 130 NEW AVENUE, LEMONT, ILLINOIS (SERENITY COVE) 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 NO. ` 22 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 14.16 ACRE PARCEL LOCATED AT 120- 130 NEW AVENUE, LEMONT, ILLINOIS (SERENITY COVE) WHEREAS, Thomas M. Rediehs, not individually but as Trustee of the Thomas W. Rediehs Family Trust dated January 10, 2002 has petitioned the Village of Lemont for annexation of the territory located at 120 New Avenue and 130 New 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 28`h day of August, 2006. Debbie Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio AYES f v v NAYS ABSTAIN ABSENT 1 Attest: CHARLENE SMOLLE Approved by me this 28th day of August, 2006 JOHN F. PIA ZA, i age President EXHIBIT A LOT 7 AND DUTLOT 2 IN OWNERS SUBDIVISION OF THAT PART OF LOT 8 IN COUNTY CLERK'S DIVISION OF SECTION 19 AND LOTS 18, 19, 20 AND 22 LYING SOUTH OF THE NORTH 60 FEET OF SAID LOTS, KNOWN AND DESCRIBED AS NEW AVENUE, AND THAT PART OF LOTS 17 AND 23 NORTH OF HIGHWAY IN COUNTY CLERK'S DIVISION OF SECTION 30, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN #22 -30- 201 -007 AND 22- 30- 201 -011) a,P 8B 11 EXHIBIT B VILLAGE OF LEMONT ANNEXATION AGREEMENT Rediehs Property - Serenity Cove Subdivision ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks; Donations; 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 Reimbursement of Costs XXIX Execution of this Agreement EXHIBIT TITLE A Legal Description of TERRITORY B Plat of Annexation C Site Plan ANNEXATION AGREEMENT Rediehs Property - Serenity Cove Subdivision 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 Thomas M. Rediehs, not individually but as Trustee of the Thomas W. Rediehs Family Trust dated January 10, 2002 (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 detetinined 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 R -4 Single - Family Detached Residence District. The ordinance granting such classification shall also grant a rear setback variance to 20 feet for Lot 1 identified on the Site Plan attached hereto as 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 R -4 District and the variance to be granted once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed substantially -2- in accordance with the Site Plan, prepared by Engineering Resources Associates, Inc., with a revision date of 7/28/06. 2. Building Permits. Within 30 days after receipt of an application by OWNER for a building peiniit 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 R -4 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 R -4 District and permitting single - family residential development. 5. Subdivision. 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 that is substantially similar to the Site Plan with regard to lot sizes and configuration, location of streets and utilities, and provision of storm water management facilities. The VILLAGE shall allow: • The dedicated street right -of -way for Serenity Cove Court on the plat of subdivision to have a width of 60 feet; • Allow stormwater detention ponds designed to have a maximum of five (5) feet of elevation between normal water level and high water level, notwithstanding more restrictive requirements in the Subdivision Regulations of the VILLAGE. -3- Prior to Final Plat of Subdivision approval: • A tree survey, tree inventory and tree preservation plan shall be submitted by OWNER and reviewed and approved by the VILLAGE'S consulting arborist or Community Development Department. • A landscape plan for the residential portion of the TERRITORY 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 by the VILLAGE's Engineer. • Land/Cash contributions for the School District's, Park District, Lemont Fire Protection District and Lemont Library District • A water system improvement contribution shall be paid. 6. Declaration of Covenants. Concurrently with recording of the final plat of subdivision, OWNER shall record a Declaration of Covenants, Conditions and Restrictions for Serenity Cove Subdivision in the form presented to the VILLAGE in draft (dated 7/12/06). 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 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. All storm water detention areas and storm sewers shall be owned and maintained by the VILLAGE. -4- IV DEDICATION AND CONSTRUCTION OF STREETS, SIDEWALKS; DONATIONS: MISCELLANEOUS 1. Streets. OWNER shall construct at its expense Serenity Cove Court 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 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 construct public sidewalks and install parkway trees along both sides of Serenity Cove Court (within the dedicated right -of -way) at the time houses are constructed on adjacent lots. OWNER shall contribute to the costs of constructing a public sidewalk along the west side of Timberline Drive between Serenity Cove Court and Timberline Park (PIN 22 -30- 204 -009) on a pro -rata basis (based on number of dwelling units) with the owner(s) of the property located immediately south of the TERRITORY (PIN 22 -30- 203- 003/Pav property). 3. Right -of -Way Dedication. Right -of -way required for construction of Serenity Cove Court and Timberline Drive (north of Serenity Cove Court) as shown on the Site Plan will be dedicated to the VILLAGE on the final plat of subdivision for the TERRITORY. 4. Developer Donations and Impact Fees. The OWNER shall make cash contributions at the time the final development plan is filed with the VILLAGE, 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 - OWNER shall convey by dedication or deed that part of the TERRITORY identified on the Site Plan as "Outlot C" to the Lemont Park District and shall contribute $22,500 to Lemont Park District., all in accordance with a letter of understanding between OWNER and Lemont Park District dated July 24, 2006. This conveyance shall be subject to a condition that no trail, path or sidewalk shall be constructed in those parts of Outlot C that are adjacent to Lots 1 through 10 identified on the Site Plan; • Lemont - Bromberek School District 113A - OWNER shall pay $ 25,288.82 to the VILLAGE for the benefit of Lemont - Bromberek School District 113A; -5- • Lemont Township High School District 210 - OWNER shall pay $ 12,640.00 to the VILLAGE in for the benefit of Lemont Township High School District 210; • Lemont Fire Protection District - OWNER shall pay $2,980 (Ten unsprinkled single family dwellings) to the VILLAGE for the benefit of Lemont Fire Protection District. • Lemont Library District - OWNER shall pay $1,618.13 to the VILLAGE in for the benefit of Lemont Public Library District. • Annexation Fee - OWNER shall pay $2,500 to the VILLAGE for Annexation Fees. 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. 5. Stormwater Detention Areas, Special Service Area. OWNER shall convey by dedication or deed those parts of the TERRITORY identified on the Site Plan as "Outlot A" and "Outlot B" to the VILLAGE. Prior to conveyance, OWNER shall improve Outlots A and B as low - maintenance stormwater detention areas in accordance with final engineering plans approved by the VILLAGE. OWNER, for itself and for its respective successors, assignees, and grantees in title to Lots 1 through 10 identified on the Site Plan, agrees not to object to or withdraw from, and to fully cooperate with the Village in establishing a Special Service Area in accordance with the Illinois Special Service Area Tax Law (35 ILCS 200 /Art. 27) for the construction, maintenance, improvement, alteration, reconstruction and repair of stormwater detention areas and storm sewers within the TERRITORY. 6. Miscellaneous. The estimated cost of street trees to be installed on public rights of way shall be included in the required letters of credit for 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. 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. -6- 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 -7- 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 -8- 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 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 -9- 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 For OWNER: 1. Thomas Rediehs 800 W. 79th Street Willowbrook, IL 60527 2. Goldstine, Skrodski, Russian, Nemec and Hoff, Ltd. Attn: Gregory L. Dose 835 McClintock Dr. Burr Ridge, IL 60527 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 -10- 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 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. -12- 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. 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. -13- 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 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 -14- 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: By: Village Clerk VILLAGE OF LEMONT an Illinois Municipal Corporation By: Village President OWNER: -15- Thomas M. Rediehs (not individually, but as Trustee of the Thomas W. Rediehs Family Trust dated December 20, 2001) 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 day of 20 Notary Public My commission expires , 20 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 Thomas M. Rediehs, personally known to me to be the same person whose name is subscribed to the foregoing instrument as Trustee of the Thomas W. Rediehs Family Trust dated January 10, 2002, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. 20 . GIVEN under my hand and official seal, this day of -16- Notary Public My commission expires 20 -17- Exhibit A Legal Description of TERRITORY Lot 7 and Outlot 2 in Owners Subdivision of that part of Lot 8 in County Clerk's Division of Section 19 and of Lots 18, 19, 20 and 22 lying south of the north 60 feet of said lots, known and described as New Avenue, and that part of Lots 17 and 23 north of highway in County Clerk's Division of Section 30, all in Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. [22 -30- 201 -007; 22 -30- 201 -011] -18- EXHIBIT B EXHIBIT C 8' | '1 |!,,!•,.1| ihiti! it; Ill 1 � § AI Goldstine, Skrodzki, Russian, Nemec and Hoff,. Ltd. Attorneys at Law The Prairie Building 835 McClintock Drive • Second Floor Burr Ridge, IL 60527 -0860 Telephone (630) 655 -6000 • Facsimile (630) 655 -9808 www.gsrnh.com William M. Brennan Heather W. Brown Kristina E. Buchenauer Paul R. Buikema Gregory J. Constantino John F. Dixon Gregory L. Dose** Robert D. Goldstine James D. Healy Howard M. Hoff William H. Hrabak, Jr. Craig T. Martin Kenneth J. Nemec, Jr. Richard J. Nogal James E. Olguin Diana K. Pecen Donald 5. Rothschild Thomas P. Russian Gregory L. Shugar Richard J. Skrodzki Sara L. Spitler Gwendolyn J. Sterk" Alison J. Wetzel Eric R. Wilen "Also Admitted in Indiana **Also Admitted in California July 24, 2006 Brian J. Sullivan Executive Director Lemont Park District 16028 - 127th St. Lemont, IL 60439 Thomas M. Rediehs, Trustee Thomas W. Rediehs Family Trust (dated 12/20/2001) 800 West 79th St., Suite 4 Willowbrook, IL 60527 Re: Contribution to Park District for Serenity Cove Subdivision, SWC New Avenue and Timberline Drive; Village of Lemont Annexation /Zoning Case No. 26 -18 Gentlemen: This letter confirms the understanding reached between the Lemont Park District (the "District ") and the Thomas W. Rediehs Family Trust (the "Trust ") with regard to the contribution of land and cash the Trust will make to the District upon subdivision of the 14 -acre property owned by the Trust (the "Property") at the southwest corner of New Avenue and Timberline Drive in Lemont, Illinois. The Property is depicted and legally described on the Preliminary Site Plan for Serenity Cove Subdivision prepared by Engineering Resource Associates, dated 5/16/06, a copy of which accompanies this letter (the "Site Plan"). Within 30 days of approval and recording of a final plat of subdivision of the Property by the Village of Lemont (the "Village "), Trustee will (1) tender a trustee's deed to the District conveying that part of the Property identified on the Site Plan as "Outlot C ", and (2) tender a check to the District in the amount of $22,500.00. This conveyance and payment shall constitute the entire contribution due the District with regard to the Property pursuant to the Village's ordinance regarding land and cash donations by developers (Ord. No. 606 as amended), and shall be memorialized in the Annexation Agreement between the Village and the Trust with regard to the Property. EXHIBIT D Brian J. Sullivan, Executive Director Thomas M.. Rediehs, Trustee July 24, 2006 Page 2 Please execute this letter below to show confirmation of this understanding. Best reg. ds, Gregory II ose Attorney for Rediehs Family Trust Bnan J. Sulli Executive D "3 •r Lemont Park District Enclosure Thomas M. Rediehs (not individually, but as Trustee for the Thomas W. Rediehs Family Trust - dated 12/20/2001) cc: John Antonopoulos, Esq. - Village of Lemont James Brown - Village of Lemont Peter Krumins - Village of Lemont 300564.1 Brian J. Sullivan, Executive Director Thomas M.. Rediehs, Trustee July 24, 2006 Page 2 Please execute this letter below to show confirmation of this understanding. Best reg. ds, Gregory • ose Attorney for Rediehs Family Trust Brian J. Sullivan Executive Director Lemont Park District Enclosure homas M. Rediehs (not individually, but as Trustee for the Thomas W. Rediehs Family Trust - dated 12/20/2001) cc: John Antonopoulos, Esq. - Village of Lemont James Brown - Village of Lemont Peter Krumins - Village of Lemont 300564.1 1 +FI `1 /,t F. 0 1.•••0000} ^•1 1 1 B 8 F 8 lit p g§ Mill ®40• •011118