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O-80-07 10/08/2007ORDINANCE NO. ( 04-D7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 12 ACRE PARCEL LOCATED AT 12725 BELL ROAD (First Church of the Nazarene) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8th day of October, 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 8th day of October, 2007 ORDINANCE NO.0 _ g3Lo '7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 12 ACRE PARCEL LOCATED AT 12725 BELL ROAD (First Church of the Nazarene) WHEREAS, First Church of the Nazarene has petitioned the Village of Lemont for annexation of the territory located at 12725 Bell Road, described in Exhibit A and depicted on Exhibit B (Subject Propertv); and WHEREAS, the owner of the Subject Property is ready, willing and able to enter into an annexation agreement and perform the obligations as required therein; and WHEREAS, the Village Board of the Village of Lemont has determined it is in the best interest of the Village of Lemont to enter into Annexation Agreement attached as Exhibit C; WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS, on this this 8th day of October, 2007. Debbie Blatzer Peter Cowles Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio Attest: AYES NAYS ABSTAIN ABSENT V V Approved by me this 8th day of October, 2007 �'i TIN F. 'Lk ' A, V 1 :e President ARLENE SMOLLEN, Village Clerk EXHIBIT A A TRAIT OF WC IN THE WEST HALF OF '11E Nom' QUI1RfEXt OF SECTION 35. TOWNSHIP 37 NORTH, 'MCC 11 MST OF THE THNC FRINC PAL MEIM11AN. DESCINN.D AS FOLLOWS; RECNN IP C AT THE NOITIMST CORNER Of SAC NORTHWEST 'WIND% THENCE NORTH aN MOMS A 'MUTES 15 SECONDS EAST 5111.91 FEET AU= THE NORTH UNE OF SAD NORTHWEST Q00RTEI THENCE OUE SOU71i 530.51 FEET; THENCE EI UTN BO DEGREES 40 MINUTES 15 SECONDS WEST ALONG A UNE 530.51 FEET SOUTH OF AND PA#ALLEL WIN THE SANK NOITTH UNE 305.91 FEET; TWICE DUE SOUTH 130.00 FEET; THENCE SOUTH a0 DECREES 40 YNISITrb 15 SECONDS NUT 5i0..00 FEET TO THE %law UNE OF SANG NORIWEST QUARTER; THENCE NORTH 550.51 FEET ALONG LAST SAID WEST UNE 10 THE PLACE OF SE INNNO. IN COOK COUNTY. 'LUND'S. a • h itieg .� g > 1 1NOW31 AO 30tl11IA 91116111 3.1)0210A1A00 DNIlSIX3 bb FIRST CHURCH OF THE NAZARENE ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions II1 Required Improvements IV Development of Territory and Sidewalks V Easements and Utilities VI Contributions and Annexation Fee VII Development Codes and Ordinances and General Matters VIII Approval of Plans IX Notice of Violations X Damage to Public Improvements XI Binding Effect and Term and Covenants Running with the Land XII Notices XIII Provisional Occupancy Permits XIV Reimbursement of Village for Legal and Other Fees and Expenses XV Warranties and Representations XVI Continuity of Obligations XVII No Waiver or Relinquishment of Right to Enforce Agreement XIII Village Approval or Direction XIX Singular and Plural XX Section Headings and Subheadings XXI Recording Exhibit C XXII Authorization to Execute XXIII Amendment XX1V Counterparts XXV Curing Default XXVI Conflicts Between the Text and Exhibits XXVII Severability XXVIII Definition of the Village XXIX Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Plat of Survey ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 8th day of October , 2007, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and the First Church of the Nazarene (hereinafter referred to as "OWNER "). WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, the parties hereto desire the TERRTTORY, which is contiguous to the VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: 1 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 upon execution of this Agreement. 2. The Plat of Annexation of said 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. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as INT- Institutional District. The TERRITORY is developed in accordance with the Plat of Survey attached hereto as Exhibit "C ". All existing structures and uses that do not conform to the INT- Institutional District standards shall be considered non- conforming structures and uses, including the church, parsonage, accessory structures and athletic fields. Additions and new structures are permitted on the TERRITORY as long as they conform to the INT- Institutional District requirements. Prior to the date of this Agreement, such public hearings necessary to enable the VILLAGE lawfully to grant said zoning classification was conducted upon proper notice, and no further action need be taken by the OWNER to cause the TERRITORY to be classified as INT- Institutional District once the TERRITORY is annexed to the VILLAGE. 2. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be rezoned unless this Agreement is amended to reflect the changes proposed by OWNER. Said amendment to the Agreement use will require a hearing in front of the Planning and Zoning Commission and the VILLAGE Board. 3. It is understood and agreed, except as otherwise provided for herein, the Zoning, 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 permitted use under the INT- Institutional District at the time of the execution of the Agreement shall be denied to the OWNER, their successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, their 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 INT- Institutional District. III REOUIRED IMPROVEMENTS I. Water Supply. OWNER and VILLAGE recognize that no water system is nearby to the TERRITORY. As such, the OWNER shall be permitted to continue the use of a private well system on the TERRITORY. When the water supply becomes available from an adjacent property, or through the acquisition of easements and /or right of way, the OWNER shall be required to hook up to the water system. 2. Sanitary Sewers. OWNER and VILLAGE recognize that no sanitary sewer system is nearby to the TERRITORY. As such, the OWNER shall be permitted to continue the use of a private septic system on the TERRITORY. When the sanitary sewer becomes available from an adjacent property or through the acquisition of easements and/or right of way, the OWNER shall be required to hook up to the sanitary sewer. 3. Recapture Fee. OWNER acknowledges the existence of a sewer and water recapture ordinance 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. OWNER shall be subject to receive future recapture fees, if any, in accordance with the recapture Ordinance. IV DEVELOPMENT OF TERRITORY AND SIDEWALKS The parties expressly recognize that the TERRITORY is developed with a church, parsonage, accessory structures and athletic fields. If the TERRITORY should be redeveloped in the future outside the scope of the INT- Institutional District permitted or special uses, then an amendment to this Agreement shall be required. OWNER shall not be required to construct sidewalks along Bell Road unless the property is substantially redeveloped in the future and unless sidewalks are existing along the forest preserve property to the south. OWNER expressly understands that the Bell Road right -of -way is owned by the Illinois Department of Transportation (IDOT) and that the VILLAGE or IDOT may at any time construct sidewalks within the Bell Road right -of -way at its discretion. If the VILLAGE commences construction of sidewalks along Bell Road, the VILLAGE shall give OWNER adequate notice so as not to disrupt driveway access to the TERRITORY. V EASEMENTS AND UTILITIES The OWNER agrees at the time of approval of any future development plans to grant to the VILLAGE, and /or obtain grants to the VILLAGE of, all necessary easements for the extension of sewer, water, or other utilities, including cable television, or for other improvements, which may serve not only the TERRITORY, but other territories in the general area. All such easements to be granted shall name the VILLAGE and /or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. Any future 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 company. VI CONTRIBUTIONS AND ANNEXATION FEE The VILLAGE hereby waives the requirement for an annexation fee. No contributions shall be required for the School Districts, Park District or Library District for the existing parsonage on the TERRITORY. VII DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS Any development on the TERRITORY annexed shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development is issued and within the terms of this Agreement. Planning and engineering designs and standards, and road construction and dedication of public improvements, 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 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. VIII APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove of all plats, plans and engineering submitted to VILLAGE by OWNER. IF VILLAGE shall determine 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. IX NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. X DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employee's agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XI BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor OWNER'S of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof and any extended time that may be agreed to by amendment. XII NOTICES Unless otherwise notified in writing, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: 1. Village President 4 18 Main Street Lemont, IL 60439 2. Village Clerk 4 18 Main Street Lemont, IL 60439 3. Village Administrator 41 8 Main Street Lemont, IL 60439 For the OWNER: 1. Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XII1 PROVISIONAL OCCUPANCY PERMITS The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for new construction of individual buildings between November 1 and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior concrete or asphalt work for any such building (it being understood that if other work remains to be done, no occupancy permit, provisional or otherwise, will be issued). As a condition of the issuance of any such provisional occupancy permit, the OWNER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XIV REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The OWNER, concurrently with annexation and zoning of the property or so much thereof as required, shall not be required to reimburse the VILLAGE for any legal, engineering or planning fees incurred as part of this Agreement. 2. From and After Effective Date of Agreement. Except as provided in the paragraph immediately following this paragraph, upon demand by VILLAGE made by and through the VILLAGE Administration, OWNER from time to time shall promptly reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the Agreement, including and limited to engineering fees, attorneys' fees, planning review fees and out of pocket expenses involving various and sundry matters such as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances and other documents required hereunder, and the negotiation and preparation of letters of credit and escrow agreements to be entered into as security for the completion of land improvements. Such costs and expenses incurred by VILLAGE in the administration of the Agreement shall be evidence to the OWNER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNER. Notwithstanding the immediately preceding paragraph, OWNER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. In the event the VILLAGE institutes legal proceedings against OWNER for violation of this Agreement and secured a judgment in its favor, the court having jurisdiction thereof shall determine and include in its judgment all expenses of such legal proceedings incurred by VILLAGE, including but not limited to the court costs and reasonable attorneys' fees, witnesses' fees, etc., incurred by the VILLAGE in connection therewith. OWNER may, in its sole discretion, appeal any such judgment rendered in favor of the VILLAGE against OWNER. XV WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof is the legal title holders and the OWNERS of record of the TERRITORY. 2. That the OWNER does not currently propose to redevelop any part of the TERRITORY, other than described in this agreement, but may do so at an undetermined time in the future. 3. That other than the OWNER no other entity or person has any interest in the TERRITORY or its development as herein proposed. 4. That OWNER has reviewed the legal description of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct. XVI CONTINUITY OF OBLIGATIONS Notwithstandmg 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. XVII NO WAIVER OR RELINOUISHMENT 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. XVIII VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met unless such requirements are inconsistent with this Agreement. XIX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XX 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. XXI 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. XXII 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. XXIII 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. XXIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXV CURING DEFAULT The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. XXVI CONFLICT BETWEEN THE TEXT AND EXHIBITS A EXHIBIT A OFT E OF THE SECTION 36. QUARTO% MINCE Of MD NORTH 60 OLT 9 i 161i E'S 1'3 '3E EAST t FEET ALONG THE NORM i.N E Of SRO NORTHWEST OIM`RTER THENCE 1711E SOUTH 510.51 FELT; THENCE SOUTH 00 DEGREES 441 NORRES 15 SECONDS WEST NAND A LINE 530.M FEET SOUTH OF AND P1111I E1. SERI THE SIE1 NORTH LIME 305.91 FEET; THE'ICCE DUE SOUTH 130.00 FEET; THENCE SOUTH 50 (MCNEES 41 MNUTES 1S SEGO C$ WEST 579.00 FEET 10 THE HEST LINE (W 5110 NORM WEST OUARTk7Sir THENCE NORM 000.51 FEET ALONG LAST so war LR4E 1p THE PLACE OF SE INNI40. iN COOK COUNTY. 11114 11 gi kf e 9f PNr ;if liki b bb R x N b 0 61 b II { °B 11 5 ilxi 01 ri ki b SiR g 6' b II �xl 1N01191 AO 39V11IA SlRWll 31V8Od&OO ONIlSIX3 lit PLAT OF SURVEY of A HALF ACRE IN THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 37 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 12705 S. BELL ROAD, LEMONT, ILLINOIS. I47.5e (140.71 AN) 25.s' 7.e. a 1' 147.58' 13t' s-tmeg6T scxerk L.IM6 O 11.4 Sc.;04 34.-57 -It ON LINE SURVEYING RESIDENTIAL / COMMERCIAL SURVEYING (TOM 4234254 MSC PLAT WAS PREPARED P40 MAL WAVE rRALANLL7lOMPU0POWII NO CONSPM/CTION IS 70 &SIAMSD WON MIS PLAT ALAVA PRALO NONWaSrATIDN OF CRRCAL POINTS OUST ISSITAIL/Lf0 PRIOR 70 TME COMMENCEMENT Or CO/prMOCAON, AND ANY DSICRDPSNCV PROMPrer RLPORr0O 70 rM 111010700 PD0 NWPICAYION OR ODRttdWOIL P0R mamma L/NIs, DAISNSIRS AND OrMIR IISJTR/CTI0N r NOT SCONN 450504, MICA re 1+000 ASSL, TITLL AIST1ACTOR LOCAL OUILO/NO ANO901140 COOSA J FOUND PIPG 1 SCALE : ?A I. JOSEPH P. MAIKISCH. ILLINOIS PROFESSIONAL LAND SURVEYOR NUMBER 3253, DO HEREBY CERTIFY THAT 1 HAVE SURVEYED THE PROPERTY DESCRIBED HEREON AND THAT THE HEREON DRAWN PLAT IS A TRUE AND CORRECT REPRESENTATION THEREOF. DATED THIS 3Issr DAY OF OCTOBER A 1998. hibit C 4J XXVI 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. XXVII 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. XXVIII 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. XXIX EXECUTION OF THIS 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 11 hereof which date shall be the effective date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: VILLAGE OF LEMONT an Illinois Municipal Corporation By: Village President By: Village Clerk 10