O-58-03 08/25/03N
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Doc #: 0330310148
Eugene "Gene" Moore Fee: $68.50
Cook County Recorder of Deeds
Date: 10/30/2003 11:29 AM Pg: 1 of 23
ORDINANCE NO. ( - -,'
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A .90 ACRE PARCEL LOCATED
AT 1261 STATE STREET IN LEMONT, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 25 ' day of August, 2003.
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 25' day
of August, 2003.
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A .90 ACRE PARCEL
LOCATED AT 1261 STATE STREET IN LEMONT, ILLINOIS
WHEREAS, the legal owners of record of the territory which is the subject of an Annexation
Agreement are ready, willing and able to enter into said agreement and perform the obligations as
required therein and;
WHEREAS, a copy of said Annexation Agreement has been attached hereto and included
herein; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the
execution of said agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL,
STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1: That this ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS, on
this 25TH day of August, 2003.
Debbie Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ron Stapleton
Jeanette Virgilio
AYES NAYS ABSTAIN ABSENT
V
Approved by me this 25th day of August, 2003.
Attest:
we'
ARLENE SMOLLEN, Village Clerk
JO
IAZZA, Vill.:e President
Exhibit "B"
ANNEXATION AGREEMENT
Vidmantas Poskus, 1261 State Street
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Improvements
IV Dedication and Construction of Streets, Sidewalks,
Miscellaneous
V Easements and Utilities
VI Development Codes and Ordinances and General Matters
VII Approval of Plans
VIII Notice of Violations
IX Maintenance Bond
X Damage to Public Improvements
XI Binding Effect and Term and Covenants Running with the
Land
XII Notices
XIII Certificates of Occupancy
XIV Warranties and Representations
XV Continuity of Obligations
XVI No Waiver or Relinquishment of Right to Enforce
Agreement
XVII Village Approval or Direction
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XVIII Singular and Plural
XIX Section Headings and Subheadings
XX Recording
XXI Authorization to Execute
XXII Amendment
XXIII Counterparts
XXIV Curing Default
XXV Conflicts Between the Text and Exhibits
XXVI Severability
XXVII Definition of the Village
XXVIII Execution of this Agreement
EXHIBIT TITLE
A Legal Description of Subject Property
B Plat of Annexation of Subject Property
C Site Plan
D Preliminary Engineering Plan
E Zoning Variations
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ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2003, between
the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and
Will, in the State of Illinois (hereinafter collectively referred to as "VILLAGE ", and Vidmantas
and Lina Poskus, (hereinafter referred to as "OWNER ").
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 by this
reference made a part hereof; 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 to
the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq.; and,
WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of this
Annexation Agreement; and,
WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal
regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from
possible undesirable or inharmonious use and development of unincorporated areas surrounding
the VILLAGE; and,
WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this
Annexation shall extend to the far side of every highway and shall include all of every highway
not already annexed; and,
WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois
Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and
various other matters; and,
WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE
has duly fixed a time for and held a hearing upon the Annexation Agreement and has given
notice of said hearing; and,
WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of the
TERRITORY described in the Petition and has determined that the best interest of the VILLAGE
will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with
the provisions of the Agreement.
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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 the execution
of this Agreement. Notwithstanding anything contained to the contrary in this Agreement, the
parties hereto further acknowledge that upon annexation, the OWNER shall not have any
obligations or liabilities under this Agreement, all undertakings hereunder being undertakings
and obligations solely of OWNER.
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 No. 0- 25 -99, as amended, as B -1 Office /Retail Transition 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 as a
B -1 District once the parcel is annexed to the VILLAGE. The Village Planning and Zoning
Commission conducted public hearings as necessary to lawfully grant said Zoning Classification
on June 2, 2003 and June 17, 2003.
2. Zoning Variations. To facilitate the remodeling and occupation of the existing
dwelling on the property as a medical office building or general office building, consistent with
the purpose of the B -1 District to effect a transition in land use intensity between more intensive
"arterial commercial" uses and less intensive residential uses, the VILLAGE agrees to grant, by
ordinance, the zoning variations itemized in the attached Exhibit "E." The variations shall apply
only to the improvements described in the site plan and preliminary engineering exhibits and
shall be null and void for other types of buildings or structures. Nothing shall preclude OWNER,
its successors or assigns from submittal of an application for other zoning relief in the event
plans are reversed.
2. Site plan approval. The OWNER plans to remodel and make site improvements to the
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existing dwelling on the TERRITORY to convert it from a single - family residential use to a
professional office use, in particular a professional dentistry office. The OWNER agrees that
improvements to the site shall be in substantial conformance with the site plan (exhibit C) and
preliminary engineering plan (exhibit D). Site improvements shall include but be limited to a
minimum of 12 parking spaces including one handicapped accessible space, on -site storm water
detention, preservation of the mature oak trees identified on the site plan as to be preserved, and
landscaping of the lot perimeter, parking lot, and building perimeter as required by Section ... of
the Village of Lemont Zoning Ordinance. Building improvements include replacement of the
existing overhead door with a "storefront" window and wall system to improve the appearance of
the facade as viewed from the public street.
3. Building Permits.
A. 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.
B. 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.
4. Effect of Future Ordinances and Amendments. 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 use permitted under the B -1 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 B -1 District.
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5. Changes in project scope. The OWNER shall be required to construct the project
described in this agreement. Use of the single - family dwelling as a residence, or substitution of
an alternative commercial building or site plan shall require an amendment of this agreement by
the corporate authorities. Changes in use of the existing structure, as remodeled for business use,
shall be permitted provided any new use is permitted under the applicable zoning regulations.
III
REQUIRED PUBLIC IMPROVEMENTS
1. Water Supply. OWNER shall install at OWNER'S expense a water service from the
existing water main of the VILLAGE to the principal building on the TERRITORY. 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.
A. The OWNER shall construct and install at OWNER'S expense a sanitary
sewer to service the TERRITORY in accordance with the Subdivision
Regulations of the VILLAGE and final engineering plans approved by the
VILLAGE and regulations of the Metropolitan Water Reclamation District of
Greater Chicago ( "MWRD "). 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.
3. Stormwater Management.
A. 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. The OWNER's improvements on the property shall direct storm water
runoff into a storm water piping system and any required detention basins per
VILLAGE ordinance and in conformance with regulations by the Metropolitan
Water Reclamation District (MWRD).
B. The OWNER shall be required to construct a storm water detention or
retention basin which complies with the Lemont Subdivision Regulations.
Maintenance of on -site storm water management facilities shall be the
responsibility of the OWNER, subject to an easement which allows the Village
the right but not the obligation to enter the property for maintenance purposes.
4. All public improvements, which shall be completed within two years after
commencement of construction, shall be inspected by the VILLAGE upon completion and if
they are found to be in compliance with the requirements of the VILLAGE's Code and in
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accordance with the final engineering plans they shall thereupon, without unreasonable delay, be
accepted by the VILLAGE as described in this Agreement. The OWNER shall request
acceptance in writing and shall provide the VILLAGE with a bill of sale for the public
improvements to be conveyed and a maintenance guarantee in the form of a letter of credit or
cash escrow in an amount not less than ten percent (10 %) of the original amount of the letter of
credit. Said maintenance guarantee shall be available to the VILLAGE for a period of one year
after the effective date of acceptance of the public improvements.
IV
DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS;
MISCELLANEOUS
A. Street access. The OWNER agrees to construct a new driveway, consistent with the
site plan and the standards of the VILLAGE, which shall allow for simultaneous in -bound and
out -bound traffic movements on State Street. The OWNER agrees to obtain any necessary
permits from the Illinois Department of Transportation before commencement of any work in the
public right of way.
B. 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 within the
DEVELOPMENT, whether related to the installation of public improvements or
building construction. It is agreed that the VILLAGE shall issue stop -work orders,
tickets, and fines as reasonably necessary to enforce its construction hours
regulations.
C. Maintenance. The OWNER shall be responsible for maintenance of the
public street during construction.
D. Debris. OWNER shall be required to keep all streets within and 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 daily.
For each day that the streets are not cleaned as required hereunder during
construction, OWNER shall be subject to a fine as provided in Section XX
"Violation Penalty" of 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.
3. Sidewalk. OWNER shall be required to construct a six foot sidewalk along the
frontage of the subject property, in accordance with the Standard Specifications and final
engineering plans approved by the VILLAGE.
4. Dedications. The OWNER shall dedicate to the Illinois Department of Transportation
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additional right of way on State Street to make a 100 foot total right of way width and a fifty foot
right of way width from the center line of the highway.
5. Miscellaneous.
A. Sidewalks and Street Trees. The cost of any sidewalks and street trees to
be installed on public rights of way shall be included in the required letters of
credit for each phase of the development of the TERRITORY, with the amounts
to be computed on the same basis as the amounts to be included in the letter of
credit for all other public improvements for the TERRITORY. The OWNER'S
obligation to install the street trees or sidewalks shall not be assigned or
transferred by the OWNER to a subsequent title - holder. Sidewalks and street trees
shall be installed by the OWNER on any lots remaining vacant within two years
of the commencement of construction in the TERRITORY.
C. Tree Preservation. OWNER agrees to submit a final tree preservation plan
in addition to the plans and specifications for construction of building and site
improvements. The plan shall specify the number, species, location and condition
of trees on the TERRITORY that are to be preserved. The plan shall be in
substantial compliance with the Tree Preservation plan adopted as Exhibit "D" of
this Agreement. The plan shall specify the techniques used to protect trees during
all phases of construction. OWNER agrees to plant additional trees according to
the Zoning Ordinance of the Village of Lemont if trees to be preserved on the
preservation plan are removed without prior written permission of the VILLAGE.
The VILLAGE shall approve the final tree preservation plan at the time of final
subdivision plat approval.
V
EASEMENTS AND UTILITIES
The OWNER agrees at the time of approval of the Annexation Agreement to grant to the
VILLAGE, and/or obtain grants to the VILLAGE of, all necessary easements for the extension
of sewer, water, street, or other utilities, including cable television, or for other improvements,
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.
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 company.
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VI
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS.
The development of the TERRITORY annexed, and of each lot respectively
encompassed by this Agreement 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, and road construction and dedication of public
improvements, shall be in accordance with the statutes and regulations of other govemmental
agencies having jurisdiction thereof if such standards are more stringent than those of the
VILLAGE of Lemont at such time.
No occupancy permit shall be issued for any for any building prior to the completion of
the required public improvements, including operating street lights and street signs, except for
the final surface course of the streets. 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 115% 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, streets and street lights,
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 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
may, in his/her discretion, recommend the amount of said letter of credit to be reduced, from
time to time, as major public improvements are completed, upon approval of the VILLAGE
Board.
The OWNER shall not be entitled to obtain any building permits, nor sign permits and
shall not be entitled to construct any model units, sales and/or rental offices or any other
appurtenant facilities unless and until the proper letter of credit or cash deposit has been made to
the VILLAGE in accordance with the Subdivision Regulations of the VILLAGE. The letter of
credit or cash deposit shall specifically include an amount to cover the cost of street trees and
sidewalks as required by the Subdivision Regulations and this Agreement
All public improvements shall be constructed and initiated within two (2) years from the
date of approval of the Plat of Subdivision; however, if the completion date falls after September
30th, the date shall be the following May 30th. Notwithstanding any other provisions of this
Agreement, no construction of public improvements have been approved, the agreement for
construction of the public improvements as herein provided has been executed, the minimum
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security has been provided, the requirements of Ordinance No. 456, as amended, have been met,
and until documentation, including a copy of the Permit if applicable, or evidence is received by
the VILLAGE that OWNER is not violating a wetland regulation or a regulation relating to
waters of the United States. Further, no earthwork shall be done in any area tentatively identified
as wetlands until an appropriate permit or permission has been obtained and such permit or
permission is shown to the VILLAGE. The Plat of Subdivision shall contain such restrictive
covenants, public utility and easement provisions as are or were required by the President and
Board of Trustees as a condition to approval of the Plat of Subdivision.
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.
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 certified that 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.
VII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove 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.
VIII
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 or this Agreement allegedly violated
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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.
IX
MAINTENANCE GUARANTEE
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, OWNER 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 twenty -four (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
said corrections.
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 employees' agents, contractors or subcontractors during the term
of this Agreement. The 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
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municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years
from the date of execution hereof,
The terms and conditions of this Agreement relative to the payment of monies to the
various VILLAGE recapture funds, contributions to the VILLAGE construction and/or
dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -
of -way to the VILLAGE and the developmental standards established herein shall constitute
covenants which shall run with the land.
It is further agreed that any 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.
XIII
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
418 Main Street
Lemont, Illinois 60439
2. Village Clerk
418 Main Street
Lemont, Illinois 60439
3. Village Administrator
418 Main Street
Lemont, Illinois 60439
For OWNER: Vidmantas Poskus
15W234 — 79th Street
Burr Ridge, Illinois 60527
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For OWNER: Alexander R. Domanskis
Boodell & Domanskis, LLC
205 North Michigan Avenue, Suite 4307
Chicago, Illinois 60601
or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
XIV
CERTIFICATES OF OCCUPANCY
1. Within five (5) days after request by OWNER for a final inspection of a building within
the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such building or
issue a letter of denial of a certificate of occupancy identifying the correction necessary as a
condition of a certificate of occupancy and specifying the section of the Building Code relied on
by the VILLAGE in its request for correction.
2. The VILLAGE, in accordance with the requirements and customary practice of the
VILLAGE Building Department, will grant provisional permits for structures between
November 1st and June 1st 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.
XV
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 reimburse the Village for the
following expenses incurred in the preparation and review of this Agreement, and any
ordinances, letters of credits, plats, easements or other documents relating to the Territory:
a. the costs incurred by the Village for engineering or planning services;
b. all attorney's fees incurred by the Village; and
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c. miscellaneous Village expenses, such as legal publication costs,
recording fees and copying expenses.
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 its
President, 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 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 the 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 that any third party or parties institute any legal proceedings against the
OWNER and/or the VILLAGE, which relate to the terms of this Agreement, then, in that event,
the OWNER, upon written notice from VILLAGE, shall assume, fully and vigorously, the entire
defense of such lawsuit and the expenses of whatever nature relating thereto; provided, however:
a. OWNER shall not make any settlement or compromise of the
lawsuit, or fail to pursue any available avenue of appeal of any
adverse judgment, without the approval of the VILLAGE, which
approval shall not be unreasonably withheld.
b. If the VILLAGE, in its sole discretion, determines there is, or may
probably be a conflict of interest between VILLAGE and OWNER
on an issue of importance to the VILLAGE having a potentially
substantial adverse affect on the VILLAGE, then the VILLAGE
shall have the option of being represented by its own legal counsel.
In the event the VILLAGE exercises such option, then OWNER
shall reimburse the VILLAGE from time to time on written
demand from the President of the VILLAGE and notice of the
amount due for any expenses, including but not limited to court
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costs, reasonable attorney's fees and witnesses' fees and other
expenses of litigation, incurred by the VILLAGE in connection
therewith. The obligation of OWNER to reimburse VILLAGE
under the terms of this subparagraph 2 shall terminate if no such
legal proceedings are brought within one (1) year from the date of
the annexation of the TERRITORY and, further, such obligation of
reimbursement shall not apply if such legal proceedings are based
upon alleged errors, omissions or unlawful conduct of VILLAGE
and not the OWNER.
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.
XVI
WARRANTIES AND REPRESENTATIONS
The OWNER represents and warrants to the VILLAGE as follows:
1. That Vidmontas and Linas Poskus hereof is the legal title holder and owner of
record of the respective parcels of the TERRITORY.
2. That the OWNER proposes to develop the TERRITORY in the manner
contemplated under this Agreement.
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 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.
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
13
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.
XVIII
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.
XIX
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.
XX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
shall include the singular.
XXI
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.
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XXII
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE
at the expense of the OWNER within 30 days after the execution hereof.
XXIII
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.
XXIV
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.
XXV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
XXVI
CURING DEFAULT
15
Exhibit "B"
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.
XXVII
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.
XXVIII
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.
XXIX
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.
XXX
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.
16
Exhibit `B"
VILLAGE OF LEMONT
an Illinois Municipal Corporation
By:
ATTEST:
Village Clerk
OWNERS:
By: 4 /J
Its a-4) H 4-1•17-14-5
By:
Its 149 ' Pas k US
ACKNOWLEDGMENTS
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 is 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.
17
.* .
1
Exhibit "B"
GIVEN under my hand and official seal, this 47 day of sd2c e-t/ , 2003.
Commission expires
STATE OF ILLINOIS)
ss.
COUNTY OF COOK )
7 -Zi*49 w d Z , 20040 .
otary Public
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named V v r.� r„ a. , L _ v V ,►n ,,
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 1 k*- day of 1-j‘-v , 2003.
Commission expires
Notary Public
S: \Community Development\ Annexation Agreements/1261 State
L SEAL
AL XANDER R ROMAN K
NOTARY PUBLIC, STATE O
MY COMMISSION EXPII t ` $
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH 150 FEET (EXCEPT THE EAST 400 FEET
THEREOF) OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF LOT 3 IN
COUNTY CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN IN COOK COUNTY, ILLINOIS.
19