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
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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
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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