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O-25-07 04/23/2007VILLAGE OF LEMONT ORDINANCE NO. 7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 10.10 ACRES PARCEL LOCATED AT 15325 129th STREET (NOTTING HILL SUBDIVISION) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 23rd DAY OF APRIL, 2007 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 23RD DAY OF APRIL, 2007 ORDINANCE NO. -0/, 07 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 10.10 ACRES PARCEL LOCATED AT 15325 129th STREET (NOTTING HILL 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, WILL, AND DuPAGE, ILLINOIS, on this 23rd day of April, 2007. AYES NAYS ABSENT ABSTAIN DEBBY BLATZER ✓ PETER COULES CLIFFORD MIKLOS BRIAN REAVES ✓ RON STAPLETON V JEANNETTE VIRGILIO ✓ Approved by me this 23rd day of April, 2007 JOHN F. PIAZZA resident Attest: CHARLENE M. SMOLLEN, Village Clerk VILLAGE OF LEMONT NOTTING HILL ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Conditions to Final Plat of Subdivision IV Required Improvements V Dedication and Construction of Streets, Sidewalks; Donations; Miscellaneous VI Developer Donations and Impact Fees VII Easements and Utilities VIII Development Codes and Ordinances and General Matters IX Approval of Plans X Notice of Violations XI Maintenance Bond XII Damage to Public Improvements XIII Binding Effect and Term and Covenants Running with the Land XIV Notices XV Certificates of Occupancy XVI Warranties and Representations XVII Continuity of Obligations XVIII Model Homes/Entrance Sign ARTICLE TITLE 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 XXVIII Conflicts Between the Text and Exhibits XXIX Severability XXX Definition of the Village XXXI Reimbursement of Costs XXXII Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Territory. B Plat of Annexation. prepared c Preliminary Plat of Subdivision, prepared by Morris Engineering, Inc., with a date of May 22, 2006 Engineering Plans (Sheet 1 -9), prepared by Morris Engineering, Inc., with a date of May 22, 2006. E Landscape Plan F Tree Exhibit, prepared by Morris Engineering, Inc., with a date of May 22, 2006. G Tree Survey, stamped received September 28, 2006 H Building Elevations and Floor Plans NOTTING HILL ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (hereinafter, "Agreement "), is made and entered into this 23rd day of April, 2007, 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 E.T. CONSTRUCTION CO., INC. (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 depicted on Exhibit B 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, 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. 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 -5 PUD, Single- family Attached with a special use for a Planned Unit Development. Prior to the date of this Agreement, such public hearings necessary to enable the VILLAGE lawfully to grant said zoning classification 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 PUD, Single- family Detached with a special use for a Planned Unit Development once the TERRITORY is annexed to the VILLAGE. 2. Variations. The ordinance granting such zoning classification shall also grant the following variations from Village ordinances: 1. Lemont Zoning Ordinance, §VII.F.7.b.(3) (Permitted Accessory Buildings, Structures, And Uses In Required Yards), to allow decks to encroach ten feet into the required rear yard setback. 2. Standard Specifications for Design and Construction of Public Improvements and Private Site Improvements, §7.02.9, to increase the maximum high water from a maximum of four feet. 3. Standard Specifications for Design and Construction of Public Improvements and Private Site Improvements, §7.02.11, to allow seeding of the detention area with a prairie plant seed mix instead of sod. 4. Standard Specifications for Design and Construction of Public Improvements and Private Site Improvements, §2.01.B, to reduce the street right of way from 66 feet to 60 feet for 128th Street and Mansell Street. 5. Standard Specifications for Design and Construction of Public Improvements and Private Site Improvements, §2.01.B. to reduce the street right of way from 66 feet to 48 feet for 129th Street. 3. Final Engineering and Exhibits. The TERRITORY shall be developed substantially in accordance with the: 1. Final Plat of Subdivision, prepared by Morris Engineering, Inc, with a date of May 22, 2006, incorporated herein as Exhibit C. 2. Engineering Plans, prepared by Morris Engineering, Inc, with a date of May 22, 2006, incorporated herein as Exhibit D, with any future revisions as required by the Village Engineer. 3. Landscape Plan incorporated herein as Exhibit E, with any future revisions as required by the VILLAGE. 4. Building Elevations and Floor Plans incorporated herein as Exhibit H . 4. 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. 5. 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. 6. 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 -5, Single - family Attached 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 -5, Single- family Attached. The current requirements of the Village as to lot dimensions, lot area, yard, setback, and other dimension restrictions, if any, shall continue to be applicable to the territory. III CONDITIONS TO FINAL PLAT OF SUBDIVISION In relation to the Final Plat approval, the OWNER shall: 1. Provide evidence of right -of way acquisition for 129th Street prior Final Plat approval or issuance of any partial or full Site Development Permits. 2. Provide a written statement by the Lemont Park District clarifying whether they will be asking for land or cash as their developer donation. 3. Provide a tree preservation plan. The Tree Inventory and Preservation Plan shall be subject to review by the Village consultant arborist. The developer shall be required to get final approval of the Tree Preservation Plan prior to Final Plat approval. 4. The Landscape Plan shall be subject to review by the Village consultant arborist. The developer shall be required to get final approval of the Landscape Plan prior to Final Plat approval. 5. The Engineering Plan shall be subject to review by the Village Engineer. The developer shall be required to get final engineering approval prior to Final Plat approval. 6. A Plat of Annexation shall be submitted. 7. Prior to Final Plat approval all impact fees shall be paid, including: a. Library Donation - $4,936.14 b. Public Safety Impact - $1,000 per dwelling c. Water System Improvement Contribution — $1,000 per dwelling d. Park Donation - $162,337.50; or 1.08 acres; or a combination of land and cash. e. School — Lemont - Bomberek Combined School District 113A - $32,531.98 f. Lemont High School District 210 - $8,730.00 g. Lemont Fire Protection District: i. $13,410 if dwelling units unsprinkled ii. $4,500 if dwelling units sprinkled h. Annexation Fees - $11,250.00 8. Covenants shall be provided to the Community Development Department for review and approval. IV 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. 3. Recapture Fee. OWNER acknowledges the existence of a sewer and water recapture ordinance (Ordinance 0- 80 -98) for parcel 22 -32- 201 -016 and agrees that no connection to the Village sewer or water system will be allowed until payment is made as required by said Ordinance. The VILLAGE represents that it has the capacity in its water supply and sewer system and that said system is operational. The VILLAGE further represents that it has adequate capacity in said system and shall maintain said capacity for the development of the TERRITORY. 4. Detention Area. The DEVELOPER agrees to construct detention basins in accordance with VILLAGE standards (except as provided and approved engineering plans) including the requirement to sod the detention basin which is to be conveyed and owned by a Homeowners Association to be created by the DEVELOPER. OWNER shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide a sufficient credit to pay the taxes on the detention areas until the detention area has been conveyed and accepted by the Homeowners Association. 5. Doi 'ant Special Service Area. The OWNER, DEVELOPER, their successors and assigns, and Homeowners Association, shall at all times maintain the detention areas, common areas, and any other areas under the control of the Homeowners Association in a neat and orderly manner in accordance with the applicable ordinances, resolutions, codes, rules, regulations, guidelines, and procedures adopted by the VILLAGE OF LEMONT from time to time. The OWNERS, DEVELOPER, their successors and assigns, including Homeowners Association, shall not object to, and shall agree to fully cooperate with the VILLAGE in establishing and utilizing a Special Service Area ( "SSA ") for any of the TERRITORY as to a back -up mechanism for the care and maintenance of any and all common areas of the subdivision and /or DEVELOPER shall develop through a Declaration of Covenants on the TERRITORY, a Homeowners Association which the VILLAGE may require approval prior to approval of the Final Plat of Subdivision for any of the TERRITORY. In addition, the SSA must be established (albiet initially dormant) to the satisfaction of the VILLAGE prior to the approval of any Final Plat for any portion of the TERRITORY. The Homeowners Association shall have the primary responsibility providing for the regular care, common maintenance, common renewal and replacement of all common areas so as to keep the same in clean, sightly and first class condition as determined by the VILLAGE. In the event the VILLAGE utilizes the SSA to conduct the common area maintenance, the VILLAGE shall also be entitled to the reimbursement of any and all costs associated in administering the SSA including but not limited to, any applicable administrative costs, interest, expenses, and attorney's fees. Notwithstanding the foregoing, the special tax roll shall not be levied hereunder, and the SSA shall be "claimant", and shall take effect if the VILLAGE finds that the Homeowners Association has failed to conduct any and all of the common area maintenance, as determined by the VILLAGE. V DEDICATION AND CONSTRUCTION OF STREETS, SIDEWALKS, MISCELLANEOUS 1. Streets. OWNER shall construct at its expense all public streets 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. Construction Hours. The Owner shall be responsible for strict observation of the construction hours regulations of the VILLAGE on behalf of all persons and companies engaged in construction activity by Owner within the DEVELOPMENT related to the installation of public improvement. It is agreed that the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to enforce its construction hour's regulations. The penalty for construction hours violations shall be imposed against only the lot where the violation is found to have occurred. 3. Maintenance. The OWNER shall be responsible for maintenance of the streets, including any damage incidental to the construction of dwellings in the subdivision by othercontractors, their subcontractors or suppliers, until acceptance by VILLAGE. 4. Design and Standards. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. 5. Street Lights. OWNER shall be required to install streetlights in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 6. Sidewalks and Street Trees. OWNER shall be required to construct sidewalks in accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The cost of any sidewalks and street trees to be installed on public ROW 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. Nothing contained herein shall prohibit assigning, delegating or transferring the responsibility for planting such trees and installing sidewalk on individual lots by contract or declaration to home building contractors applying to the VILLAGE for building construction permits. However, the OWNER shall at all times remain primarily liable to the VILLAGE for such installation and, in any event, responsibility for the installation of street trees and sidewalk shall not be assigned or transferred by the OWNER to the homeowner (end user). Sidewalks and street trees shall be installed by the OWNER on any lots remaining vacant within three years of recording of the Final Plat of Subdivision for each individual phase. A Parkway Tree Plan and data sheet shall be included in the Final Landscaping Plan, which shall be submitted to the Community Development Department and consulting Village Arborist for review prior to final plat approval. This plan shall specify the number of street trees and the type of street trees assigned to each lot. VI DEVELOPER DONATIONS AND IMPACT FEES 1. Developer Donations and Impact Fees. Prior to recording the Plat of Subdivision, OWNER shall pay cash contributions 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: a. Library Donation - $4,936.14 b. Public Safety Impact - $1,000 per dwelling c. Water System Improvement Contribution — $1,000 per dwelling d. Park Donation - $162,337.50; or 1.08 acres; or a combination of land and cash. e. School — Lemont - Bomberek Combined School District 113A - $32,531.98 f. Lemont High School District 210 - $8,730.00 g. Lemont Fire Protection District: i. $13,410 if dwelling units unsprinkled ii. $4,500 if dwelling units sprinkled h. Annexation Fees - $11,250.00 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. VII 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, wish 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, bot on site and off site, necessary to serve the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER'S option, upon approval of the respective utility companies. VIII DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS 1. Existing Ordinances. Except as otherwise provided in this Agreement, 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, except as otherwise provided in this Agreement. 2. Occupancy Permits. 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 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 shall promptly, 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 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. IX 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. X NOTICE OF VIOLATIONS The VILLAGE will issue not 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. Morever, 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 my affect the TERRITORY or development of it under this Agreement. XI MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or 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 five percent (5 %) 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 24 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. XII 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. XIII 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 such other relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XIV 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: To VILLAGE: To OWNER: 1. Village President 418 Main Street Lemont, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 E.T. Mansell Construction Co. Inc. 160 East Wend Street Lemont, IL 60439 Or such other addresses that any Party hereto may designate in writing to the other Party pursuant to the provisions of this Section. XV CERTIFICATES OF OCCUPANCY 1. Within five (5) business 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. XVI 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. xvII 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. Notwithstanding the foregoing, this Agreement shall be assignable by the OWNER provided, however, that OWNER shall notify the Village Clerk, in writing, within five (5) business days thereof, of any . transfer of any interest in the TERRITORY for construction and /or development, of the name or names of the transferees, and the portion or portions of the subject property transferred; and further provided, that the assignee shall expressly assume liability for all duties and obligations imposed by this Agreement, and evidence of such assignment and assumptions shall be provided to the Village Clerk, and the VILLAGE shall consent to such assignment and assumption, which consent shall not be unreasonably withheld and which shall include the VILLAGE'S acceptance of replacement security. Individual lot sales to homeowners are excluded from this notice requirement. XVIII MODEL UNITS; SALES TRAILER 1. Model Homes. The OWNER/DEVELOPER may construct one three unit model building in accordance with the terms and conditions of this paragraph. The location of the model home building shall be determined as pert of the Final Plat of Subdivision approval process. 2. The VILLAGE agrees, subject to normal building permit compliance, to issue a building permit and a conditional occupancy permit so that a 3 unit model home building may be constructed and occupied by DEVELOPER as a model home and as a sales and construction office before the completion of all public improvements and upon installation by DEVELOPER and approval by the Village Engineer and the Lemont Fire Protection District of a temporary gravel access roadway. Provided, further, however, that sanitary sewer and water lines must be completed and approved by the VILLAGE before the model unit may use these systems. DEVELOPER may use bottled water and portable washrooms in connection with the model units prior to the completion of the sanitary sewer and water lines as aforesaid. Any portable washrooms shall be removed by DEVELOPER within 10 days following the completion and approval for use of the sanitary sewer and water lines for said model building. 3. The residential occupancy of a model building shall not be allowed without compliance with all regular occupancy procedures required by the VILLAGE, including issuance of a residential occupancy permit based upon the requisite inspections verifying compliance with Village Codes. 4. Upon approval of this Agreement by the VILLAGE, DEVELOPER may locate one temporary sales trailer and construction trailer on the TERRITORY following review by Village staff of the location, landscaping, lighting and improvement of a parking area. The trailers shall be removed no later than the completion of construction of the development. 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 begiven only after and if all requirements for granting such approval have been met unless suchrequirements 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 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. 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 or duplicate originals, 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. XXVIII 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 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. Such payment shall be made promptly upon receipt of a request from the VILLAGE of such reimbursement, with copies of the bills attached. In the event of a challenge or objection to contiguity, the OWNER waives any claim against the VILLAGE for any damages or injury and will indemnify the VILLAGE for any costs or attorneys fees. 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 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. VILLAGE OF LEMONT an Illinois Municipal Corporation OWNER: By: 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 2007. 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 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. GIVEN under my hand and official seal, this day of , 2007. Notary Public My commission expires , 20 . EXHIBIT A THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 22 -32- 200 -023 And also: THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: .22-32-201-010 And also: THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 22 -32- 201 -016 EXHIBIT B INSERT PLAT OF ANNEXATION HERE SNOISV.i• 10100 NDIS3O NOISIAIO6l7S ABVNI141173ad SIONI771 `1NOW37 NO/SIAIO817S 77114 0NIIION L.0100-004 NOI0.051 Ol 553NISnB SION 11 .00-1111O3 :110,3 • 0140- 000(000) 0110.1 10009 S10Nnt 11511•00 3010•0100Nn S O011 3111 1ENIJ33NI N3 m.3 ill 41, 7 wr lb , 1s!g _i < 41NI i W ' Y1 A� OF �1 0 lb A as $rya P ��� . cxnoo 9, ���— SMBxaNV-LNIVS�., �4 a, NOTTING HILL ANNEXATION AGREEMENT X0,1143 = wo • 4uo_ RrQC9) 3444 SION171NOW37 5N1'6NI'J33NIJN3 NOISIAIO9nS 77TH ONLLION J i 9 ?� INDEX OF SHEETS Z o z 0 ~ m = Z O N J W J = LL (� O Z W I- I-- Q J Z aiaa id ;r! a�ax.s ba_a� dyyz4s T T Imi i l f Y P T E a *6661 6E PROJECT LOCATION 3 6 Q z � :r iE�a e� 011 ;$11Gf lin o Q. t or v. 1 o oo••o eo so l 08110 •16* PROJECT LOCATION MAP PREPARED FOR E. T. MANSELL CONSTRUCTION z 0 P; kW Loai EXHIBIT D (Pages 1 -9) EXATION AGREEMENT NOTTING HILL A /� ° :a:` � :° =y oro MEN :GE _ __ PLAT OF SURVEY:7-1,7:::'~x; m...' Of .•° n�a rty at , , rwu V°,,C' ." J a a*` EWES, 1 KE, a or tw 71 77 f a d' x �: H l., IY WYI,fP O ms `' �yS ,.,• x a '' r / ix� '; 4 ", .0* mE xmwr�a, or m . o s a ELLT a \ ( \ Y,y • yr wf .Hav w - o COOT o ABBOTS 128TH O. '� a STREET a am ' dr 66173 ° ♦ a _ _. dl ' 165 n Tn -._ _ _ _- N mE usf? oo of s 6 „..,..E sal W. s R(e0TEP °f r,7C T1 r; ns � »O. Be a oq •I' �.y 1-5"' Lilt' m° >-smr x 01 ;I.ES, Wta f i S.u3,s WARIER Of SECTION 30. TOMS7. ], vwn o:ig, w u[sss rte '-x I '# — v yrlL(— '� 11 , rim!, AO<aeNEC ,. 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FI ! �_ `I .^5..11x5, ..,_ 0 SAd1UNV ,LNIV a 4 A :� °•e. rog r9 g5" PROPOSED WATERMAIN CONNECTION 1.s.e n •.e.,. ,,n..,.w.,i- nnwnn. v:N'°p�':: a,re av CISI .I7OAV7 A117 /1f AHVNIW/73Hd SION1771 `1NOW37 137WVH H3MO1 N1133H1S 773SNVW r 1:4 cc •L ?SOS saw-Ili '3130 ci nms.moorvn s mis 3NI `JNIa33NION3 S31ON SION1771 `1NO14137 NOISINQHAS 77/14 ONl11ON AC0-Lm03 '55.0 • O LO £L (OC9) '.3. Okd Z1509 510,51.1 5,,5x•001 305,41O5r 9 OO55 3NI 'JNIa33NIEN3 AB 5N05N?tl 9 =NGI5,38 3wC S31ON S1ON1771 `1N014137 NOISIA!OBflS 771H VNIIION VIOJ lw'J3 1IYN3 Oi(0- �C2(O59) 3NOHd Lf509 SFRd19 '3151001 31fS'Nl'JJNII S 0015 iLf '9NIa3y3NIJN3 EC SNQSIA3e 190 S71d130 SION1771 `1NOW37 NOISIAI0811S 771H 9N111ON 1SSOe.,1 3N510N 11!03 13«913 ']JNW a33N 5NN E gg dH °V 9 i Vii# EIMI 1 ®EIME11' IINIM ==ax¢=l0000 ummozcnirsnlin e ITIZInh_ iTII_ .IIii MITI _ U o===T==x! =x I__ EIZIST1 = =rt= = = == HEEIIIIIIIIIIIIII1 EiI iis=t=II=== a 8 1 , s S7111130 V10011333 13313 0330-13330M 3t70110 33300 SIQflh11I 3151 001 313310001 5 0013 . li i ' :N1 `9Nle-.133NION3 c SION1771 aNOW37 EleziedffitAi , NOISMIGGI7S 771H VNLLLON VILLAGE OF LEMONT TPICOL PAVEMENT SECT!Ct ,i.vi „ala P P7 1 giql i 'IV MI VILLAGE OF LEMONT MINIMUM PAVEMENT CROSS SECTIONS I VILLAGE OF LEMONT CURB RAMPS — 11 t Pil 00,0 .11:11 Iiii/ I. I P. 11111:1;1:31!!!.; i -- w ,,,,,k, I -, s EJi _, 00005, 0," 0 P il 1111, , golf *fp ing g LI '''. kw 1,1_vms! ' 't-, ]F Jib A•%I' A• -AAA i 1 I Ili II i e ..,.. ss ■', h 451 z o411 R 111' h = i WLLAGE OF LEMONT k ■.' ;::', , wk j, teS' 0 '6 o 8 z z 1- 0 P CL p_ ,_ z E i M 3 ■ i! il 1 U4 0 edi z ,g111 Is , s!S 1 "I 1 '011 • ' I ;:iittlt f X t'!!1;1: • !!!IIIi ill it,,I. 06 1% • 4 I • I; :ti 11- , 't itq :-,-- i a,6 :ti 4 1 I 1 g il 1 H 1 .' li 1 I? ' tql 17 (1 1 1 11 o 5 4 ,,,,..),"/ lb, -'0' t • ' t • 70 : Oil! LO, I nom 111 k : y,. 4 I ..,/ .1.•., , " I NH 1/13 n SI i 1 fl i r 41/4t. fr=1.40,: !I $. 44 • I --3 bl j1 I 41 i: 101:. i.:0V. MelkoLok WaritS10 Cr IIII;)P ■,•:.'T rhp';' • 11 17g M ?, 7ti:p. 3 IV* ...! .1.,. Ao te" etgt t 0 i ; , L 6 4 +2;1,0"2 .1. -Iiii '1 t V . - V - -•"--"17,1' ,r,nogg:g , 'il ';,i V-UplAV‘' 319393313. iiaiiii ^AAV:SP* 31 , = ; 3 3 1 t i i • 11.4, , 0,10.6o 6310. "346 , .7. ; ' tfiPAT ie '4 ,..i ra Mei IJA „flip 5,4.: t"ft.3 itl 11E1" A .4063 t!i 31 i' ■ 0:4* • .. .i13° - 'll■I:ir':' voo .'4, t' f i !air till '2g ".R gl "1,irqh WEr4 OP:31a S71V6 0 O Y13 0=1.01 '111 - - oa(a- 5ZZ(NS0) -0NOxtl ,c a SOmlli ]151 -Oar ]1815- NlOJNc9 'S OJIS 'DNI �'JNI33NIJND E 1 cd H J 1 ict �� a SIONl771 `1NO11137 NOISlA1O911S 771N JNI11ON !'i i i a -) ♦a SrvOli.le ]av0] I }; I iIi I4 . EI g ' , }§ 6 ` 3AI ;4' x ? I " a e e]g ' e PA } 9 she e ¢ t. 6 '� $ Y E E 6 Y "- v.4d " o P age$g� dbt IVY g g Fb Y Fg !iL!! I Y Lb ik Y gg� YF . b4, VILLAGE OF LEMONT iI UTILITY STREET CUTS R o - 6 8 '3 6 _ 3g 9y AaU H VILLAGE OF LEMONT '" - _ J I "r:xQ ;y8 ' 9 'YY s " 'a1 Yg Y_ Y. p 4� THRUST BLOCKS - E og ,:.;/� t5 - `si 4s5 „, 477 b a 1% - NtlN ji a ", 9 4I' 4]9} yyy77'6 Ia ii 534} ,., iaQ a]e li {x fWS : gQ V: I €°e s e3 :. xs w$na�l s4f b a3€ 2 YI} A S d�Y. aQIyye6 mi s: Ix bj tla Ng� Qp Q- „a66bI Y ' 3vr 65 9b i 4 b ie'�6 c iS.4,: z E i4 4 �s .. ., . a -F }' �_1 k ! 3 Isl y @@I 14 I t ” e F_ yy 8 d IYQ 2 'V' 83 e Qu LFF�e ;DY 8 _a i /� �IIS J a� ., p 9 gie Ye QaY� g_a FQap ^ �E �s Yi Y,.v g" y e4 y'uQ} 1II Ilivi FtlQi fel i I pp �9a PtlE gj� a?F tl �2A l$ � °�lq� g� N YY , x Fa I ill yI, J 3 m ° ;. f _ o — 5 _ B I A y g ,a g wAa 6� - play I6 J J T. J C Fep ana re Ia 3i 4 e n -' m r. Y 4yyy� a Ga la il i O 5'yt¢F4 eA tl= %S a.p j' g u gu t53 SS CI �I tF 3 >W ga 114'iv yj p`z tla6e u a YY� yf p9 A p Aat�: o. j A ,y moomedom YC:F4\ Ii4I i?d 1 a! i ' : up€ i ' =e £� 4,11 EI rLl ' _ eR r § §--� � p, 2 ( ., _` � ��3 5�_ .� . ' §g $� °e 3eQ 5Y3€La3s yg� i i 3ee 4r = Y'saa a q ail Y s a i s fiI ;� itlRli'¢ Sgt 6,633 ;• 'PM . „. , . l- a F.. SANITARY MANHOLE m/KEH I x_ 77-77 u z B s Lg s %f a >> ¢I tl3 �Y! a eB ax l I° VILLAGE OF LEMONT /OVARY SERVER SERMCE CONNECTON _ G a L yF} e? � x � Y F. tl }c 3 QSI pq 1 .�l i yy 9gag! 5`p a A; ii5 I; eI 46 1 ip! Iles_ iS�il!- ' is avl tl G �S.} i Y 3 . i9'I1ISQ9 s 11 I4 - I o . i /65 i:B i 4/, � Li x I . e i i € 1.01 hI_E , I i� • Y I� ; p p l y I __H 8 • II iii .. OAS 'UMW GIB :rl ...wlv 4 iiIrrvC 4 9 gi N\ [I9 41 44 1 16� EXHIBIT E INSERT LANDSCAPE PLAN HERE NOTTING HILL ANNEXATION AGREEMENT :I I IUIHX3 r RS • • 9 H.& M 4.'r.J ! 0 : \ I E ENGINEERING. INC. aN N)1 0 %•l9dlhN E. (630227-m 1312 ECI ou • ILLINOIS 0351NE55 RCCIS0010N YI00- 007245 NOTTING HILL SUBDIVISION LEMONT, ILLINOIS TREE EXHIBIT 510 Tree Survey for Ironwood Development Company 15321 W. 129th Street, Lemont, IL. Tag # Tree Species Diameter inches Condition Rating Form 335 Wild Black Cherry 17.5" 3 3 336 Norway Maple 14" 3 3 337 Norway Maple 16.5" 3 3 338 Norway Maple 12" 3 3 339 Linden 23" 3 4 340 Silver Maple 15" 3 3 341 Cottonwood 23.5" 4 4 342 Cottonwood 80.5" 3 3 343 Green Ash 15" 3 3 344 Linden 12" 3 2 345 Norway Maple 16" 3 3 346 Linden 14" 3 4 347 Linden 22" 3 4 348 Norway Maple 20" 2 2 349 Green Ash 18" 3 3 350 Colorado Blue Spruce 13" 4 3 351 Swamp White Oak 19" 2 2 352 Swamp White Oak 18" 3 3 353 Colorado Blue Spruce 12" 4 3 354 Pin Oak 26" 2 2 355 Crabapple 14.5" 4 3 356 Austrian Pine 15" 5 5 357 Bur Oak 10" 2 2 358 Silver Maple 22" 3 3 359 Pignut Hickory 13" 3 3 360 Green Ash 22.5" 3 3 361 Green Ash 18.5" 3 3 362 Cottonwood 34" 3 3 363 Cottonwood 31" 3 3 364 Honey Locust 15" 3 3 365 Norway Maple 9" 2 2 366 Green Ash 11" 3 3 367 Green Ash 20" 3 3 368 Siberian Elm 20" 3 3 369 Wild Black Cherry 17" 4 3 370 Hawthorn 17' 4 3 371 Hawthorn 14" 3 3 372 Wild Black Cherry 12" 4 4 373 Wild Black Cherry 11" 3 3 374 Cottonwood 13" 3 4 375 Siberian Elm 11" 3 3 N Prop. Line 376 Silver Maple 28" 3 3 N Prop. Line 377 Cottonwood 12" 3 3 N Prop. Line 378 Black Willow 27" 3 3 N Prop. Line 379 Cottonwood 14" 3 3 N Prop. Line , 380 Cottonwood 26" 3 3 N Prop. Line EXHIBIT G NOTTING HILL ANNEXATION AGREEMENT Tree Survey for Ironwood Development Company 15321 W. 129th Street, Lemont, IL. 381 Cottonwood 28" 3 4 N Prop. Line 382 Silver Maple 33" 3 3 NE Corner 383 Siberian Elm 17" 3 3 E Prop. Line 384 Cottonwood 9" 3 3 E Prop. Line 385 Cottonwood 12" 3 3 E Prop. Line 386 Cottonwood 11" 3 3 E Prop. Line 387 Siberian Elm 22" 2 2 E Prop. Line Condition & Form Ratings: 1 - Excellent 2 - Good 3 - Fair 4 - Poor 5 - Dead z 0 1- 4 > w J W F z 0 et EXHIBIT H NOTTING HILL ANNEXATION AGREEMENT O 1n LUXURY TOWNHOMES MANSELL CONSTRUCTION J Liv. Rm. 20' -a °x13' -10" Dinette 15-O "xI l' -0" Kit. 12'- 0 "x1T -0" Foyer Mbr. 14'- 3 "x1b' -O" A Up Laun. Din. Rm. 14'-1"x12'-0" i f i I i I UNIT "A" 2,848 SQ. FT. . I Gar. 21' -0 "x20' -0" • I 1 r 1 LUXURY TOWNHOMES MANSELL CONSTRUCTION Open to Below Loft 14' -S "x12' -5" Br. 2 I3' -O "x20' -3" UNIT "A" SECOND FLOOR Attic Sitting Rm. 12' -5 "x20' -S" LUXURY TOWNHOMES MANSE LL CONSTRUCT ION 56-4 1/4" r Mbr. 13' -7"x15' -4" Liv. Rm. 21' -O "x14' -q" Laun O °Ma ik Lt. Dinette . 141- q "x1I' -4" Kit. 18' -3 "x15' -q" Gar. Iq'- 5 "x1T -10" Fo er Sitting Rm. '' -4 "xl O" II I UNIT "B" 2,832 SQ. FT. LUXURY TOWNHOMES MANSELL CONSTRUCTION Attic Office 12' -6 "x20'-8" Open to Below Loft 18' -8 "x21' -5" Storage -J UNIT "8" SECOND FLOOR