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O-43-06 07/24/2006t ORDINANCE NO14 'V3 -v6 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 4.6 ACRE PARCEL LOCATED AT 13201 -03 S. ARCHER AVENUE, LEMONT, ILLINOIS (PRAIRIE RIDGE SUBDIVISION) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 24Th DAY OF JULY, 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 247E DAY OF JULY, 2006 ORDINANCE NO. 0 V3 'o6 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 4.6 ACRE PARCEL LOCATED AT 13201 -03 S. ARCHER AVENUE, LEMONT, ILLINOIS (PRAIRIE RIDGE SUBDIVISION) 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 24th day of July, 2006. Debbie Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio Attest: AYES NAYS ABSTAIN ABSENT • V V v CHARLENE SMOLLEN, Village Clerk Approved by me this 24th day of July, 2006 PRAIRIE RIDGE SUBDIVISION ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks, Miscellaneous V Changes to Development Plan VI Contributions and Annexation Fees VII Water & Sewerage System Improvement Contributions VIII Easements and Utilities IX Development Codes and Ordinances and General Matters X Approval of Plans XI Notice of Violations XII Maintenance Bond XIII Damage to Public Improvements XIV Binding Effect and Term and Covenants Running with the Land XV Notices XVI Certificates of Occupancy XVII Warranties and Representations ARTICLE TITLE XIII Continuity of Obligations XIX No Waiver or Relinquishment of Right to Enforce Agreement XX Village Approval or Direction XXI Singular and Plural XXII Section Headings and Subheadings XXIII Recording XXIV Authorization to Execute XXV Amendment XXVI Counterparts XXVII Curing Default XXIII Conflicts Between the Text and Exhibits XXIX Severability XXX Definition of the Village XXXI Reimbursement of Costs XXXII Execution of this Agreement —2-- EXHIBITS EXHIBIT TITLE A Plat of Annexation of Subject Property B Legal Description of Subject Property C Preliminary Subdivision Plat D Preliminary Engineering Plan E Preliminary Landscape Plan —3— PRAIRIE RIDGE SUBDIVISION ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2006, 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 SIMPSON BUILDERS, LLC. (hereinafter referred to as the "OWNER ") and SIMPSON BUILDERS, LLC. (hereinafter referred to as the "DEVELOPER "). WHEREAS, the OWNER is the Owner of Record of the real estate, the legal description of which is attached hereto as Exhibit "A" (hereinafter referred to as the "TERRITORY ") and by this reference is made a part hereof; and WHEREAS, the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitute 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 are annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. —4— 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 possible after execution of this agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "A ". 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 "A" shall be classified under the existing zoning ordinance, as amended, as R -4 PUD Single Family Detached Residence District. 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 zoned as a R -4 PUD Single Family Detached Residence District once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with the Plat of Subdivision and Site Plan and Engineering Plan, prepared by JENSEN MORRISON P.C. and dated July 25, 2005 with a revision date of February 16, 2006, attached hereto and incorporated herein as Exhibits "C" and "D ", with the following variations from the Lemont Zoning Ordinance and Subdivision Regulations: • Variation from §2.02.B of the Standard Specifications for Design and Construction of Public Improvements and Private Site Improvements to reduce the street right of way from 66 feet to 27 feet. • Variation from §7.02.B.9 of the Standard Specifications for Design and Construction of Public Improvements to increase the maximum high water depth for dry detention ponds from four feet to six feet. • Variation from §7.02.F.4 of the Standard Specifications for Design and Construction of Public Improvements to reduce the right of way of the terminus from 120 feet to 96 feet. • Variation from §VII.E,7.a.(2).(c) of the Lemont Zoning Ordinance to allow for 10 foot side yard setbacks. —5— Variation from §VILE,7.a.(3) of the Lemont Zoning Ordinance to allow for 25 foot rear yard setbacks. The TERRITORY shall be developed in accordance with the Preliminary Plat of Subdivision and Preliminary Engineering Plan, prepared by JENSEN MORRISON P.C. and dated July 25, 2005 with a revision date of February 16, 2006, and attached hereto and incorporated herein as Exhibits "C" and "D ". The following conditions shall be met prior to Final Plat of Subdivision approval: 1. A Tree Preservation Plan shall be submitted and approved by the Community Development Director or the Village Arborist prior to Final Plat of Subdivision. 2. The tree inventory, prepared by WINGREN LANDSCAPE and dated April 28, 2005 shall be updated prior to Final Plat of Subdivision approval. The tree inventory and the Tree Preservation Plan must correspond with each other. 3. A Final Landscaping Plan shall be submitted and approved by the Community Development Director or the VILLAGE Arborist prior to Final Plat of Subdivision. Included in this plan, a minimum of two new trees be planted in each front yard, as suggested by the VILLAGE Arborist. 4. The Preliminary Engineering Plans, prepared by JENSEN MORRISON P.C. and dated July 25, 2005 with a revision date of February 16, 2006 shall be revised (if necessary) and approved by the VILLAGE Engineer prior to Final Plat of Subdivision approval. 2. Planned Unit Development approval shall lapse in the event the DEVELOPER does not file a complete application for a site development permit within one (1) year of the effective date of this AGREEMENT. 3. 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. 4. 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 —6— commence cure of such violation. Upon correction of any such violation, work on any improvement subject to a stop order may recommence. 5. It is understood and agreed, except as otherwise provided for herein, the Zoning Ordinance, Subdivision Ordinance and 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. III REQUIRED IMPROVEMENTS 1. Water Supply. DEVELOPER shall have the right to 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 water mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are famished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. DEVELOPER shall have the right to construct and install at its 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. DEVELOPER 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. DEVELOPER 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. All detention areas and appurtenant structures such as drains, inlets, and outlets shall be owned and maintained by the DEVELOPER, or its successor or assignee, with right of access by the VILLAGE for emergency maintenance purposes. 3. Detention Area. Depth and shape of detention areas shall be consistent with Exhibits C and D. The DEVELOPER agrees to construct detention basins in accordance with Village standards, which include the requirement to sod the detention basins which are to be conveyed and owned by the homeowner association. 4. Special Service Area. The Developer agrees that maintenance of the landscaping and all other storm drainage facilities for the Subject Property will be guaranteed through the establishment by the Village (at such time as determined by the Village in its sole discretion) of a special service area to maintain such improvements to serve the Subject Property. This levy will be assessed only when the Village incurs costs due to the failure of the Association to provide maintenance to the —7— facilities. Such special service area will provide for the levy and collection of a special service area real estate tax to maintain such improvements, and /or to replace and repair the same. The Developer and Future Owner agree to cooperate fully in the formation of such special service area and agree not to object to the formation of the special service area, nor to the amount of tax to be levied. As part of this levy, the Village reserves the right to use up to 5% of the levy to pay for administrative and other costs associated with the maintenance. It is further understood and agreed that the Village does not intend to levy said tax annually but generally only when it is necessary to reimburse the Village for costs incurred, but not reimbursed, in maintaining, repairing and /or replacing such improvements as a result of the failure of the Association to do so as provided herein and/or when it otherwise appears necessary or desirable to the Village in its sole discretion as a result of prior failure(s) of the Association to reimburse for costs incurred. Because the Village will be imposing this special service levy in case of failure to maintain such improvements on homeowners in the development, Contract Purchaser and Developer must fully disclose or cause to be disclosed the special service area to all buyers of the proposed lots, and to the extent such lot purchasers are builders or land speculators and not the eventual homeowners, then also to the initial homeowners. IV DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS; MISCELLANEOUS 1. Public Improvements. All streets, sidewalks, and other improvements will be constructed in accordance with the plans and specifications as referred to in Article II of this Agreement including but not limited to, streetlights, sidewalks, and landscaping. 2. Dedications. The OWNER/DEVELOPER shall design streets within the TERRITORY according to Article II of this Agreement that comply with Village standards for local streets. All interior streets within the Territory when developed shall be dedicated to the VILLAGE. Said streets shall be constructed in accordance with the final engineering plans approved by the VILLAGE. 3. 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. —8— V CHANGES TO DEVELOPMENT PLAN The DEVELOPER agrees to submit revised plans to the VILLAGE for any changes to the Development Plan. Any request to increase the number of dwelling units, change the pattern of land use, change the location of streets or street intersections, change the fundamental architectural character of the development, or obtain a variance from the Subdivision Regulations not part of this Agreement, shall be considered "major" changes; other changes shall be considered "minor ", in accordance with Section XVLF of the Lemont Zoning Code. "Major" changes shall require published notice and a public hearing before the Lemont Zoning Board of Appeals to consider an amendment of a Special Use Permit for a Residential Planned Development. After said public hearing the Zoning Board shall forward its recommendation to the Village Board of Trustees, which shall approve or deny the requested amendment. If the changes are "minor," the VILLAGE may approve the Final Plat of Subdivision without additional review and recommendation by the Zoning Board. VI CONTRIBUTIONS AND ANNEXATION FEES 1. The OWNER/DEVELOPER shall make cash contributions at the time a final development plan or Plat of Subdivision 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: District/Purpose School District 113A High School District Park District (land donation) Library District Lemont Fire District Village Annexation Fee Village Public Safety Fee TOTAL: Contribution Amount $24,814.86 $12,288.00 $52,567.50 $1,598.40 $2,980.00 $3,000.00 $10,000.00 $107,248.76 2. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time such final plan or Plat is submitted to the VILLAGE. 9 3. Contributions Agreement. OWNER/DEVELOPER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate governmental interests of the VILLAGE, including, but not limited to, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public utilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER/DEVELOPER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. VII WATER & SEWERAGE SYSTEM IMPROVEMENT CONTRIBUTIONS The OWNER shall contribute to the VILLAGE the cost of expanding the VILLAGE well and storage capacity to allow the VILLAGE to supply water to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that $1,000.00 shall be paid for each single - family unit. VIII EASEMENTS AND UTILITIES The DEVELOPER 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 are necessary to 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 DEVELOPER 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 DEVELOPERS option, upon approval of the respective utility company. 10 IX 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, or as otherwise set forth in the attached exhibits, 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 DEVELOPER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by DEVELOPER may be commenced at any time after approval of this Agreement by the Village and issuance of permits therefore. Prior to final plat approval, DEVELOPER shall deliver 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 115% of the DEVELOPER'S Engineers estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required lighting (if applicable), 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 DEVELOPER 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. DEVELOPER, at DEVELOPERS 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 11 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. DEVELOPER 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. DEVELOPER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. DEVELOPER 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 DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day notice period. X APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by DEVELOPER. If VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify DEVELOPERS in writing of the specific objection to any such submission so that DEVELOPER can make any required corrections or revisions. XI 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. XII MAINTENANCE BOND 12 At the time or times of acceptance by VILLAGE of the installation cf 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 Letter of Credit in the amount often percent (10 %) of the cost of the approved engineer's estimate of original construction costs. This guarantee shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of two (2) years after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said security shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XIII 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. XIV 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 parry 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. XV NOTICES 13 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: For the DEVELOPER: With copy to: Village Clerk Simpson 418 Main Street Builders, LLC. Lemont, IL 60439 701 25th Ave Bellwood, IL 60104 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XVI 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. XVII WARRANTIES AND REPRESENTATIONS The OWNER and DEVELOPER represents and warrants to the VILLAGE as follows: 14 1. That Simpson Builders. LLC. identified on page 4 hereof is the OWNER as legal title holder and owner of record of all the respective parcels of the TERRITORY. 2. That other than the OWNER and DEVELOPER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 3. That OWNER and DEVELOPER have 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. XVIII 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 and DEVELOPER, OWNER and DEVELOPER shall at all times during the term of this Agreement remain liable to the VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until the VILLAGE, at its sole option, has otherwise released OWNER and DEVELOPER from any all of such obligations. This agreement shall inure to the benefit of, and be binding upon, the successors in title of the Owners and Developer, their respective successor(s), grantee(s), lessee(s), and assign(s), and upon successor corporate authorities of the Village and successor municipalities. It is understood that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees, lessees, and successors in interest of the Owners. The covenants, agreements, indemnities and other terms and provisions contained in this Agreement touch and concern and shall be appurtenant to and shall run with the Subject Property and any portion thereof. Each and every person and entity that, from time to time, acquires any interest or estate subject to said covenants, agreements, indemnities and other terms and provisions and, during the period of time that he, she or it owns such interest or estate, he, she or it shall be obligated to pay and perform any and all obligations of the Owners and Developer applicable to that portion of the Subject Property in which he, she or it holds and estate or interest, jointly and severally with any and all of the other holders of any interest or estate in all or any portion of the Subject Property. The agreements contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the Village. 15 XIX 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. XX 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. XXI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXII 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. XXIII RECORDING 16 A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the DEVELOPER within 30 days after the execution hereof. XXIV 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. XXV 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. XXVI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXVII 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. 17 XXIII 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. XXIX 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. XXX 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. XXXI REIMBURSEMENT OF COSTS The DEVELOPER 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 a 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. 18 XXXII 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 4 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. Village Clerk OWNER: ROBERT HANSON, By: VILLAGE OF LEMONT An Illinois Municipal Corporation By: DEVELOPER: SIMPSON BUILDERS, LLC: An Illinois corporation Robert Hanson, President Attest: , Secretary 19 Robert Hanson, President 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 2. 06day of OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8•13.2008 STATE OF ILLINOIS COUNTY OF COOK ) SS. ) , 200 Notary I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that EWA ANDRUKIEWICZ AND ANDRZEJ BENARCZYK, the president and secretary of All Pro Development Inc., personally known to me to be the same person whose name is 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 , 2000 Notary Public 20 PI AT OF ANNEXATION EXHIBIT "A" MORRISON SURVEYING CO., INC. 620 MC,naoi Drirr., Morris, Illinois 604 50 -3 000 Phone (616) .942 -2020 FAX. 616 941 -2620 eef PARCEL 1: THAT PART OF THE NORTH 1/2 CF LOT 7, WHICH LIES SOUTH OF THE SOUTHERLY LINE OF ARCHER AVENUE 10 THE COUNTY CLERK'S 01 VISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEGINNING AT A POINT 500 FEET WEST OP THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 32 AND 526.50 FEET NORTH OF 01E. SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32. THENCE WESTERLY AND PARALLEL 70 THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SEC-1100 32. A DISTANCE CF 100 FEET: THENCE NORTHWESTERLY AT AN ANGLE OF 105 DEGREES 31 MINUTES FROM EAST TO NORTH, A DISTANCE OF 593.00 FEET TO THE SOUTHERLY LINE OF ARCHER AVENUE: THENCE EASTERLY ALONG THE SOUTHERLY LINE OF ARCHER AVENUE AN ARC DISTANCE OF 100 FEET; THENCE SOUTHERLY A DISTANCE OF 637,722 FEET TO THE POINT OF BEGINNING, IN COCK COUNTY, ILLINOIS. PARCEL 2: TFIAT PART OF THE AIO8TH HALF OF LOT 7 WHICH LIES SOUTH OF THE SOUTHERLY UNE DF ARCHER AVENUE IN THE COUNTY CLERK'S DIVISON CF SECTCN 32. TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEGINNING AT A POINT 400 FEET WEST OF THE EAST UNE OF THE SOUTHEAST 1/4 OF SECTION 32 AND 526.50 FEET NORTH OF THE SOUTH LIME OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32; THENCE WESTERLY PARALLEL TO 111E SOUTH UNE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION .72, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE OF 101 DEGREES 47 MINUTES 51 SECONDS, FROM EAST TO NORTH, A DISTANCE OF 637.72 FEET 70 THE SOUTHERLY UNE OF ARCHER AVENUE, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF ARCHER AVENUE A DISTANCE OF 164,114 FEET; THENCE SOUTHERLY A OISTANICE OF 268.75 FEET; THENCE CONTINUING SOUTHERLY AT AN ANGLE OF 169 DEGREES 29 MINUTES, NORTH 10 WEST TO SOUTH A DISTANCE OF 396.60 FEET TO THE POINT CF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF ARCHER 921<1(UE LUNG IMMEDIATLY NORTH OF AND ADJACENT TO PARCELS 1 AND 2, ALL !N SECTION 32, TOWNSHIP 37 NORTH. 851.109 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS. ,3N SIIPVEYOB'S NOTE: THE PLAT V ^1,40 PREPARED FRC'l- EXISTING PLATE AND REEOPDS ONLY. NORT-1 LINE DE ARCHER: AVENUE AND EXISTING LIMITS OF THE /ILLAGE OF LEMOB.1T 3 ,PCEI_3 = 130.00' . L '184. 700. 09„ P.01. PARCEL 1 —. °' °0' — P.O.B. PARCEL 2 State of Ipinal ) .,nun's of 0,04q0 14N, .VOPP'SON 501:!£_18(1' CO INC.. (PLAT Lkenee ,■l34_003P15) do here■y Certify Mot a land survoy has 6ren made under our supervision of doe above deac,*M n.aprrly and fret the plot hereon drawn is a correct represontaftnn of ,yard ILLre,v. Olstnoces are pnvn in fret and decimal pnrin Thereat C -en under my hand and M of M n rlrnars. ' . Date: 05/25 /05 er (015 PROFESSIONAL AND SURVEYOR NO .35-2377 Ccmpere All 0ln'. ^nsicns Before 0211019 And Reper! Any CIntreponCles Al Once,. ..... _ ..... _•_ _. ^_.,.:_ _....,, PROFESSIONAL Z I IAND S1IRVEYOR ji B STATE C11 1' LLINOIS n 4 47v;.w ,.:.:0' E IF �N, li I ' , 0 LEGEND EASE1.4ENI LINE IRON PIPE (IPCA 17' IMPROVEMENTS LCCAi20 ORDERED EY: SIMPSON CON TR(CPON EXHIBIT `B" LEGAL DESCRIPTIONS Parcel 1: 13201 S. Archer Ave. THAT PART OF THE NORTH HALF OF LOT 7 WHICH LIES SOUTH OF THE SOUTHERLY LINE OF ARCHER AVENUE IN THE COUNTY CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN BEGINNING AT A POINT 400 FEET WEST OF THE EAST LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 32 AND 526.5 FEET NORTH OF THE SOUTH LINE OF THE NORTH EAST 1/4 OF THE SOUTH EAST 1/4 OF SAID SECTION 32; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF THE NORTH EAST 1/4 OF THE SOUTH EAST 1/4 OF SAID SECTION 32, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE OF 101 DEGREES 47 MINUTES 51 SECONDS FROM EAST TO NORTH A DISTANCE OF 637.72 FEET TO THE SOUTHERLY LINE OF ARCHER AVENUE THENCE EASTERLY ALONG THE SOUTHERLY LINE OF ARCHER AVENUE A DISTANCE OF 184.84 FEET; THENCE SOUTHERLY A DISTANCE OF 288.75 FEET; THENCE CONTINUING SOUTHERLY AT AN ANGLE OF 169 DEGREES, 29 MINUTES NORTH TO WEST TO SOUTH A DISTANCE OF 396.60 FEET TO THE POINT OF THE BEGINNING, IN COOK COUNTY, IL. Parcel 2: 13203 S. Archer Ave. THAT PART OF THE NORTH 1/z OF LOT 7, WHICH LIES SOUTH OF THE SOUTHERLY LINE OF ARCHER AVENUE IN THE COUNTY CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37 RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEGINNING AT A POINT 500 FEET WEST OF THE EAST LINE OF THE SOUTH EAST 1/4 OF SAID SECTION 32 AND 526.5 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 32, THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, A DISTANCE OF 100 FEET; THENCE NORTHWESTERLY AT AN ANGLE OF 109 DEGREES 31 MINUTES FROM EAST TO NORTH A DISTANCE OF 593,80 FEET TO THE SOUTHERLY LINE OF ARCHER AVENE; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF ARCHER AVENUE AN ARC DISTANCE OF 180 FEET, THENCE SOUTHERLY A DISTANCE OF 637.72 FEET TO THE POINT OF THE BEGINNING, IN COOK COUNTY, IL. Exhibit "C" Exhibit "D" PRELIMINARY PLAT FOR PRAIRIE RIDGE P.U.D. BEING A RESUBDIVISION OF LOT 7 IN THE COUNTY CLERKS DIVISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN: COOK COUNTY, ILLINOIS. 12 RESIDENTIAL LOTS, 4.29 ACRES =41541 v�54r M,.�` ry ,M. LEGEND 4ETS11673 xE-500 003279* .f: 5641102 4O 007150,14 -- - 7411510611 001727 LINE ..e . *715730 37707 115-3.100• �,J 0IE PUN] 6174510501 551 1527470E • 6 711. • 53060 113 • s >N'.Te3' RN ® 1A56e AND 30011 ii 574E 01)0471- • 10RU L.. - W - W - PR,vpsro '011571711N - PROP3SE6 SaVITA0.T SEWER - 161. - 6, - 74000570 5110741 5E-A4 -16 77071515.1 30740E 43.7 66155613 1VATE7 -- - -.- A `35315 610617/6171 0EVE3 45'50 SIORV Eelk61 mall= 01713.733114.1.2.7 *0 -R MCY0w*IJ AC711 0�� 660157 8016310 1.1.3 603-I 0 >I 1' 7372104/0 Wµ3 X- 5620101 A 67 •vouuo N 1.5. 027 APEA 5E713ACK _INE 1_07 50 F7 OFFSETLENGTPI I ' 1 17911 25 158.031 2 13127 25 90.31' 12542 25 118.57' 1951 610.5 95 79' 15 14175 460 90.33' 6 12577 12542 37 90.06 1 8 14514 61 92.00' 5 19363 90 90. JO' 10 15212 25 152.47' 25 90 00' TOTAL SURFACE AREA ELEV 150 FT CS F- 684.0 113,858 581.0 (cusde)'' 13,858 41,747 681,0 (Gs 3183 110,479 0 680.0 5,719 ''32 6790 3.546 2,'32 576.0 I.0 -10410 <i.OifiJ TOTAL 1 56,035 L3 AC =T Pwa• 1: 9) 179 DART Of M NPId 1/2 7 Lp3 7, M�111E3 sw7X w ME .033{.07 033 Di 2101110 AVENUE a 90 54. IIFM'i 274370110143 PONT 37. 101751115 171.2121. 467 11 MST Cf Me 1101 WWCYKIf/135 HONNA.TA 04775 1 TER E1T6MWT tWECIM SWMK1 1/1 Cf 2101/4 I] 71 E24d0 FEET NwM 6 MS 1YSIM INE Of TA N'JIMEASI I/1 Di M *6666 1/1 Of =DIOT 22 DISTANCE Of W PET. MMf3 EMTI71110 1 .1} 141 AY4E OF 101 KOKES 31 1WV1fb MOT EMT TO RpTI1 .O 17NOE OF MiGO 09 `O ME 923141177117 57 257E W 41OIO1 .02111)6: Ilan'= 633116.01 4010 3' 87.11771 ISK OP 11Ig1' .021551 41 ARC p4fpgi Of 1W FEEL Mn¢ SC4MOl.1 . 0074161 OF 6.71.72 MR TO ME 110117 OF OEOMVNC. 41 0010 =x113 uunOz PARC. 2 ry AT PART Cr ME MORIN 744E OF 101 7116.3 Lei 1WM Of M EWM41.0 INE Of Ma1A "31016 nE COOxn MOMS 1721011 09 13011441 37 =MOM, 37 NO1M. RANGE 11 EAST Of 174E MON PRnuOy.M. 41 47 *40004 em 1571X3902 YMINY10931NN0 AT A FONT 347 MEI NEST OF ME EMT 157E Of ME .01216.07 I/O 101010721 Of 1501161 32 0.137 010.60 72E2 XO214 (IF ME 50I114 LINE Of 144E 174114EAS7 TH OF TIE SWnEAST SOD (1111/4 OF 940 14 32. * 1505'217.0161 OF 100 FIEE2 7110022 1M1N15011.112351 AT Of 1) AWN04ID 07 iXE an. 101£1277111.W PLUMING 001065101 ax ' 101 WOWS n 21X7110 N 22071104 FORM EM 7 DOM 25Tµ17 f 437.72 Et TO MS 471174317 LAE Of AEOIOI MOOR 1711110E 23116747 13OX1 M 50377e011.7 ME OF ASMER *MNE 70122 4YMRCT 177 A °MILE RED 9 4* MOMS 249000 11rIM 70 518! 13 6311121 ANA y400 wNRNW 31021211) FER 10 TIE POW er 010121121 M COOK 745711). IUJNq. 7) .WR0110 ar 219 Ott OF 110277 Orr 0.110E VQISVO ON 1001. 40 0 N p IM Scale 1" = 401 DOER 0927■61 6127613 50110610 .LC 601071, 012111111 0161111C1 173 MALE 27011210/111 19049 1011331 27008 REVISIONS LEMON? PRELIMINARY PLAT 04.14,75 22/)33 ,115 enftxry CEti011[6 809 HANSON 32/)410` JEW 3543011 03/24.74 5,577751151 77.17431 12/05/05 an, Rea! EU0■70 .k 8SPIMM04RIION Pa ewg5 fplp 01/25/07 War , Exhibit "E" f..1 5FPO .Ina EXHIBIT "E" LOT 9 EMS GEM MAU GERI can 1111EIMI OmL1===•LON ® IMMO ® ®_____ MUM EMU MEM 3'!' ROM1' `59■ 13 5150 5 01511 „3 3 31.10 3 0.(M[ 5 3C51 3 201C 3 TAO r �M 5115M 5 3.03 3 TAM LOT 4 CON10.05 TUE11VH0N00finn 3 VJJU OPOZUOU 12 PWIIRW OR,Y 9NN0 N.MUG ORe:f' �,....a rtferan NIO a'ONIOQNSR3WANG 311, 05 Cu h`—■ J Q Prairie Ridge Subdivision Archer Ave *Prairie Trail Lemont, IL 60439 INGIRENE LANDSCAPE ' 1'•' $ t'