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O-24-02 05/13/02-ov ANNEXATION AGREEMENT ARTICLE '1'1'1LE I Annexation II Zoning and Land Use Restrictions Required Improvements 11G `raga IV Dedication and Construction of Streets, Sidewalks, Miscellaneous V Model Units; Sales Trailer VI Advertising Sign VII Land Cash Payments VIII Water System Improvements IX Easements and Utilities X Development Codes and Ordinances and General Matters XI Approval of Plans XII Notice of Violations XIII Maintenance Bond XIV Damage to Public Improvements XV Binding Effect and Term and Covenants Running with the Land XVI Notices XVII Certificates of Occupancy XVIII Warranties and Representations 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 Subject Property B Plat of Annexation of Subject Property C Preliminary Plat of Subdivision Plan D Preliminary Engineering Plan ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2002, 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 Ms. Frances S. Klappa (hereinafter referred to as the "OWNER "); and Rolling Meadows L.L.C.,-in doing business as Thomas Evans Development Company (hereinafter referred to as the "DEVELOPER ") of the property identified in the attached Exhibit "A "; and WHEREAS, the OWNER is the owner of record of the real estate, the legal description of which is attached hereto as exhibit "A" and by this reference is made a part hereof (hereinafter referred to as the "TERRITORY "); and WHEREAS, subsequent to the execution of this Agreement the OWNER will sell and convey their interest in the TERRITORY to the developer or his designated nominee; WHEREAS, the TERRITORY have not been annexed to any municipality; and, WHEREAS, the TERRITORY constitute an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq.; and, WHEREAS, the OWNERS 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. 3 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "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 R -4 Single - Family Detached Residence District. Prior to the date of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been conducted upon proper notice, and no further action need be taken by the OWNER to cause the TERRITORY to be rezoned once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with the preliminary plat of subdivision, attached hereto and incorporated herein as Exhibit "C ", the preliminary engineering plan, attached hereto and incorporated herein as Exhibit 1IDJ, 2. Building Permits. Within 30 days after receipt of an application by DEVELOPER 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. 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 DEVELOPER and shall give the DEVELOPER 30 days in which to 4 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. 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. 4. The Village shall not grant final plat approval until the development is served by two dedicated public rights -of -way. 5. Construction traffic shall enter and leave the site though an access point off of 127th Street, not Greenway Drive or any residential streets. m REQUIRED IMPROVEMENTS 1. Water Supply. DEVELOPER shall have the right to construct and install at their expense all necessary on -site water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. DEVELOPER shall have the right to construct and install at their expense all necessary sanitary sewers to service the TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. DEVELOPER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap -on fees required by the Village shall not be waived. 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. All detention areas and storm sewers shall be owned and maintained by the DEVELOPER until the time the VILLAGE accepts said improvements. 3. Detention Area. DEVELOPER agrees to construct detention basins in accordance with the Village standards. Upon completion of these and other public improvements, the basins I/ will be conveyed to the VILLAGE. DEVELOPER shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide an escrow sufficient to pay the taxes on the detention areas until a government exemption has been granted to the VILLAGE. 5 4. Open Space. DEVELOPER will construct a 1.34 acre park, as shown on the Preliminary Plat of Subdivision set forth as Exhibit "C ", which is to be conveyed to the Lemont Park District upon completion, which includes grading to Park District specifications, seeding, sidewalk installation, and parkway trees per the Village requirements. The parties acknowledge that the park site is part of a larger park, of which the owner of the adjacent property shall dedicate approximately one acre. DEVELOPER shall be responsible for a pro -rata share of the costs to design, grade, and seed the park. DEVELOPER shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide an escrow sufficient to pay the taxes on the open space areas until a government exemption has been granted to the Park District. IV DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS, MISCELLANEOUS 1. Public Improvements. All streets and other improvements will be constructed in accordance with the plans and specifications as referred to in Article II of this Agreement including, but not limited to streets, sidewalks, and landscaping. 2. Dedications. NO further dedication of right -of -way is required. 3. Miscellaneous. The cost of any sidewalks and street trees to be installed on public %rights -of -way shall be included in the required letters of credit for each phase of the development of the TERRITORY with the amounts to be computed on the same basis as the amounts to be included in the letters of credit for all other public improvements for the TERRITORY. V MODEL UNITS; SALES TRAILER 1. DEVELOPER may construct up to four (4) model home buildings in accordance with the terms and conditions of this paragraph. The location of the model home building(s) shall be determined as part 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 the 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 6 washroom 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. VI ADVERTISING SIGN Following the approval of this Agreement by the VILLAGE, and upon application to the VILLAGE'S Building Department, and payment of all required sign fees, DEVELOPER may erect and maintain one (1) outdoor advertising sign on the TERRITORY. Such sign shall not be more than 100 square feet on each side of a double faced sign and shall be no higher than 12 feet from the top of the sign to ground level. In the event the sign is illuminated by DEVELOPER, it shall be non - glare, sharp cut -off lighting. The sign may be located on the 127`h Street frontage of the TERRITORY. The sign shall be removed within 90 days after the last building permit for a residential unit on the TERRITORY is issued. DEVELOPER and all the DEVELOPER'S assigns agree to display the plans for the I -355 Tollway extension in the sales office and have all purchasers of lots and lots with homes sign a statement of awareness on the location, design, and potential impacts of the proposed Tollway and future local roadway projects. VII LAND CASH PAYMENT Pursuant to Village Subdivision Ordinance and by agreements of the parties, the DEVELOPER shall deposit prior to execution of the Final Plat, the following payments: 7 Library Donation Land Donation (acres) Equivalent Cash Donation (0.40) $ 40,080.80 Park Donation Land 1.34 Cash (0.66) ($200,404.00 - less land donation) $ 66,000.00 School Donations: Elementary (K -5) (0.51) $ 50,871.33 Junior High (6 -8) (0.32) $ 32,063.56 High School (9 -12) (0.38) $ 37,665.39 Village of Lemont Annexation Fee N/A $ 14,000.00 TOTAL (3.61) $ 375,085.08 WATER SYSTEM IMPROVEMENTS 1. DEVELOPER shall contribute to the VILLAGE the cost of expanding the VILLAGE well and storage capacity to allow the VILLAGE to supply water to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that such contribution shall be paid for $1,000.00 for each attached single - family unit. 2. DEVELOPER shall pay the required recapture fees to the VILLAGE for connection to the Village water system, as specified by Ordinance No. 990. DEVELOPER agrees to pay the /recapture at the time the connection is requested. IX EASEMENTS AND UTILITIES The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE, all necessary easements for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements subject to the provisions of the Subdivision Control 8 Ordinance, which may serve not only the TERRITORY, but other TERRITORY in the general area, if requested by the VILLAGE in the future. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the DEVELOPER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the DEVELOPER'S option, upon approval of the respective utility company. DEVELOPER shall pay the required recapture fees to the VILLAGE for connection to the VILLAGE'S sewer system, as specified by Ordinance No. 729. DEVELOPER agrees to pay the recapture at the time the connection is requested. X DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS. The development of the TERRITORY annexed shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development is issued. Planning and engineering designs and standards shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by DEVELOPER may be commenced at any time after the approval of this Agreement by the Village and issuance of permits thereafter. Prior to final plat approval, DEVELOPER shall deliver to VILLAGE an Irrevocable Letter of Credit, in a form satisfactory to, and from, a bank or other financial institution approved by the VILLAGE in the amount of 115% of the DEVELOPERS' Engineers' estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE'S Engineer, including all required lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private, and after approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds be utilized by the DEVELOPER for the future payment of contractors, materials, salaries and wages, and the like. The VILLAGE makes no guarantees regarding the timely reduction of said Letter of Credit and therefore should not be used for time- 9 sensitive payment purposes. Provided, however, that the Village shall act reasonably diligently in reviewing and approving DEVELOPERS' written requests for reduction to said Letter of Credit, which written request shall itemize the estimated cost of public improvements completed and remaining. The VILLAGE Engineer may recommend the amount of said letter of credit to be reduced, from time to time, as major public improvements are completed, upon approval of the VILLAGE Board. DEVELOPER, at DEVELOPERS' own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer, but in no event later than the time required by ,Ordinance No.456, as amended. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed, and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by Resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. DEVELOPER agree to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. DEVELOPER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. DEVELOPER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day notice period. XI APPROVAL OF PLANS The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by DEVELOPER. If VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify DEVELOPER in writing of the specific objection to any such submission so that DEVELOPER can make any required corrections or revisions. 10 XH 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 DEVELOPER, so the DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the DEVELOPER 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. The VILLAGE shall provide DEVELOPER 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. XHI MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component, or all of any public improvement in accordance with this Section, or any other section of the Agreement, DEVELOPER shall deposit with the VILLAGE a maintenance bond in the amount of ten percent (10 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of two (2) years after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period, then said security shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XIV DAMAGE TO PUBLIC IMPROVEMENTS The DEVELOPER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by DEVELOPER, their successors or assigns, and their employee's agents, contractors or subcontractors during the term of this Agreement. DEVELOPER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XV 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 or lessees and upon any successor 11 municipal authorities of said VILLAGE and successor municipalities, for a period of twenty (20) years from the date of execution hereof. The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -of -way to the VILLAGE, and the developmental standards established herein shall constitute covenants which shall run with the land. It is further agreed that any party to this Agreement, either in law or in equity, by suit, action, mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have other such relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XVI 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 Clerk 418 Main Street Lemont, IL 60439 For DEVELOPER: 1. Dr. Thomas Evans Rolling Meadows, L.L.0 12112 South Oak Park Avenue Palos Heights, IL 60463 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. CERTIFICATES OF OCCUPANCY 1. Within five (5) days after request by DEVELOPER 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 12 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 19` and June 1S` if weather prevents the DEVELOPER 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 DEVELOPER 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. XVIII WARRANTIES AND REPRESENTATIONS The OWNER and DEVELOPER represent and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the OWNER as legal title holders. 2. That other than the OWNER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 3. That OWNER and DEVELOPER have provided the legal description of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct. 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. 13 XX VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met, unless such requirements are inconsistent with this Agreement. XXI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXII SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. XXIII RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the DEVELOPER within 30 days after the execution hereof. XXIV AUTHORIZATION TO EXECUTE The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. 14 XXV AMENDMENT This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the parties hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. XXVI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXVII CURING DEFAULT It is understood by the parties hereto that time is of the essence of this Agreement. The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. 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 judgement or 15 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 judgement or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement 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. REIMBURSEMENT OF COSTS The DEVELOPER agrees to reimburse the VILLAGE for reasonable attorney's fees, planning consultants and engineering costs incurred by the VILLAGE in connection with the annexation of the TERRITORY, or in the enforcement of any of the terms of the Annexation Agreement upon a default by the DEVELOPER. Such payment shall be made promptly upon receipt of a request from the VILLAGE of such reimbursement, with copies of the bills attached. 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 17 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. 16 VILLAGE OF LEMONT an Illinois Municipal Corporation B ATTEST: By Village Clerk Ms. Frances S. Klappa DEVELOPER: Rolling Meadows L.L.C. Managing Member age Preside ACKNOWLEDGMENTS 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 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 Commission expires spiv► STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) 2002. I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named 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 acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this Commission expires , 2002. Notary Public 18 day of , 2005. ORDINANCE NO. 6 --oz 7 -69 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 28.4 ACRE VACANT PARCEL, COMMONLY KNOWN AS THE KLAPPA FARM, GENERALLY LOCATED WEST OF THE PROPOSED I -355 TOLLWAY EXTENSION, EAST OF ROLLING MEADOWS SUBDIVISION, SOUTH OF 127111 STREET WHEREAS, Dr. Thomas Evans, Rolling Meadows, L.L.C. is the contract purchaser of the territory which is the subject of an Annexation Agreement is 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 the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document know as the "Mayfair Estates Annexation Agreement" dated the 13t of May, 2002 a copy ofwhich is attached hereto and made a part hereof. Section 2. That this ordinance shall be in 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 DU PAGE, ILLINOIS, on this 13th day of May, 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeannette Virgilio At t: AYES NAYS PASSED ABSENT V v OHN F. PIAZZA, Vill Al_ .. y ✓// sir- -4 �1' CHARL NE M. SMOLLE , Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney