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O-43-02 07/08/02c 0021026827: tillf.V0062 53 0131 P.80? I 2.71 11.r.33.'t,47 Cookt.....ourfcy 64 50 VILLAGE OF LEMONT ORDINANCE NO. 0- 43° AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 15 ACRE PARCEL, GENERALLY LOCATED SOUTH OF MC CARTHY ROAD, WEST OF WALKER ROAD (AMBERWOOD P.U.D.) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8th day of July , 2002 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and Du Page, Illinois this 8th day of July , 2002. ORDINANCE NO. - `13 - a AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 15 -ACRE PARCEL, GENERALLY LOCATED SOUTH OF MC CARTHY ROAD, WEST OF WALKER ROAD WHEREAS, Mr. Stephen Dignan, Dignan Development, LLC, is the owner 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 "Amberwood Annexation Agreement" dated the 8th of July, 2002 a copy of which 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 8th day of July, 2002. John Benik Debby Blatzer Peter Cowles Connie Markiewicz Steven Rosendahl Jeannette Virgilio �ohnPjt Attes : AYES NAYS PASSED ABSENT J HARLENE M. SMOLLEN, Village Clerk AMBERWOOD ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions Required Improvements III IV Dedication and Construction of Streets, Sidewalks, Miscellaneous Changes to Development Plan Model Units; Sales Trailer VII Advertising Sign VIII Land Cash Payments Water System Improvement Contribution IX X Easements and Utilities XI Development Codes and Ordinances and General Matters XII Approval of Plans XIII Notice of Violations XIV Maintenance Bond XV Damage to Public Improvements XVI Binding Effect and Term and Covenants Running with the Land XVII Notices XVIII Certificates of Occupancy XVIX Warranties and Representations ARTICLE TITLE XX No Waiver or Relinquishment of Right to Enforce Agreement XXI Village Approval or Direction XXII Singular and Plural XXIII Section Headings and Subheadings XXIV Recording XXV Authorization to Execute XXVI Amendment XXVII Counterparts XXVIII Curing Default XXIX Conflicts Between the Text and Exhibits XXX Severability XXXI Definition of the Village XXXII Reimbursement of Costs XXXIII Execution of this Agreement 2 EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Preliminary Site Plan/ Preliminary Engineering D Architectural Building Elevations and Floor Plans E Preliminary Landscape and Tree Preservation Plans F Declarations for Amberwood 3 AMBERWOOD 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 DIGNAN DEVELOPMENT, L.L.C., (hereinafter referred to as "OWNER/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, 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/ DEVELOPER 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 4 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: 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 TERRITORY shall be classified under the existing zoning ordinance, as amended, as R -5 Single Family Attached Residence District with a Planned Unit Development, except for lots 13 -19 along the south and southwest property lines, which 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 classifications 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 re -zoned once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with Preliminary Site Plan/Preliminary Engineering Plan, prepared by Webster, McGrath & Ahlberg, LTD. and dated 6/26/02 attached hereto and incorporated herein as Exhibit "C "; Architectural Building Elevations and Floor Plans prepared by Dignan Development and dated 4/30/02 attached hereto and incorporated herein as Exhibit "D "; Preliminary Landscape and Tree Preservation Plans, prepared by Webster, McGrath & Ahlberg, LTD. and dated 06/05/02, attached hereto and incorporated herein as Exhibit "E "; Declarations for Amberwood prepared by Stephen P. Dignan, Dignan Development LLC, attached hereto and incorporated herein by reference as Exhibit "F ". 2. Planned Unit Development approval shall lapse in the event the OWNER/ DEVELOPER does not file a complete application for a site development permit within one year of the effective date of this AGREEMENT. 3. Within 30 days after receipt of an application by OWNER/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 5 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 OWNERS 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 OWNER/DEVELOPER and shall give the OWNER/DEVELOPER 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. It is understood and agreed, except as otherwise provided for herein, all Building Codes and related ordinances including all building permit 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. III REQUIRED IMPROVEMENTS 1. Water Supply. OWNER/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 ofthe 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. OWNER/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 ofthe 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. OWNER/ 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/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. All detention areas and storm sewers shall be owned and maintained by the OWNER/DEVELOPER or a Homeowners' Association to be established by OWNER/ DEVELOPER, with right of access by the VILLAGE for emergency maintenance purposes. 3. Detention Area. OWNER/DEVELOPER agrees to construct detention basins in accordance with the Village standards. Upon completion of these and other public improvements, the basins will be owned and maintained by the OWNER/DEVELOPER or a Homeowners' Association to be established by OWNER/DEVELOPER, with right of access by the VILLAGE for emergency maintenance purposes 6 4. Open Space. OWNER/DEVELOPER will dedicate a 1.3 acre park site, as shown on the preliminary P.U.D. plan set forth as Exhibit "C ", which is to be conveyed to the Lemont Park District or as directed by the VILLAGE. The 1.3 acres are to remain wooded. During construction, snow fencing shall be used to protect the wooded 1.3 acres at a "no grade" area. OWNER/DEVELOPER shall deed the parcel to the Park District within sixty (60) days after receiving temporary occupancy permits for the model townhome building and the completion of the street serving the south side of the park lot. OWNER/DEVELOPER shall remove the existing residence and garage, including the capping of the well and septic, prior to conveyance. OWNER/DEVELOPER shall install a 10" gravel base in the footprint of the razed residence. OWNER/DEVELOPER shall mow and maintain the grass area of the site until it is conveyed. Any areas disturbed or damaged by the OWNER/DEVELOPER in the removal of the residence and garage, that is not parking lot, shall be restored to its original condition by the OWNER/DEVELOPER. Until conveyance, the Park District may have reasonable access upon reasonable notice to inspect property from time to time. OWNER/DEVELOPER may use the residence as a sales /construction office until the model townhome building unit is complete. In addition, OWNER/DEVELOPER shall minimize the impact of its use of the existing residence, garage and surrounding driveway area by implement a tree preservation plan including protective fencing and similar measures prior to its use of the site. Further, the deed conveying the parcel to the Park District shall allow customary park use of property subject to the Amberwood Tree Preservation Plan approved by the Village of Lemont, attached hereto as exhibit "E" Preliminary Landscape and Tree Preservation Plan. After the conveyance of the parcel to the Park District, OWNER/DEVELOPER shall have the right keep its advertising sign in its original location offthe northeast corner ofthe TERRITORY. The sign shall be removed within 90 days after the last building permit for a residential unit on the TERRITORY is issued. The Park District shall allow the OWNER/DEVELOPER an easement on the park site to install a permanent entrance sign to be maintained by the OWNER/DEVELOPER or a Homeowner's Association, not the Park District, in a to be determined and mutually agreed upon location. OWNER/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. Other open space areas including various landscaping amenities shall be owned and maintained by the OWNER/ DEVELOPER or a Homeowners Association to be established by OWNER/ DEVELOPER. 5. Intersection Improvements. OWNER/DEVELOPER agrees to contribute its fair share for the McCarthy Road/Walker Road intersection improvements costs, as established by an independent traffic study. The Village, at its expense, may cause a traffic study to be conducted to determine the proportionate impact of the Amberwood development in relation to the surrounding area and the Village may prepare an estimate of the intersection improvements costs, based upon traffic generation. The costs will be reduced by any possible government funding prior to applying the proportionate share. This determination shall be made within one year from the date of Final Plat 7 Approval. The payment shall be due ninety (90) days after receipt of notice that the exaction is due. Further, OWNER/ DEVELOPER'S contribution will be contingent upon an additional contribution being made by the owner of the undeveloped parcel at the southwest corner of said intersection. This contribution will be in proportion to the total contribution made by the OWNER of the said undeveloped parcel, expressed as a percentage of the total traffic generated. in the original consent decree, plus additional funds. 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, street lights, sidewalks, and landscaping. 2. Dedications. OWNER/DEVELOPER agrees to be responsible for obtaining a dedication of an additional two hundred and fifty feet (250') by thirty -three feet (33') of right -of -way, as shown on the Preliminary Engineering Plan set forth in Exhibit "E" attached hereto, from the adjacent property owner, Century Car Management, Inc. OWNER/DEVELOPER is presently in negotiations with Century Care Management, Inc. to obtain the necessary dedication. The entire thirty-three feet (33') strip of land is presently burdened by a MWRD sewer main, Village water main, and an access easement for ingress and egress for the benefit of the TERRITORY. The VILLAGE agrees to assist the OWNER/DEVELOPER in obtaining the dedication. OWNER/ DEVELOPER shall be required to obtain the dedication prior to final plat approval. In the event the OWNER/DEVELOPER cannot obtain the dedication, an alternative plan shall be submitted in which the connecting street system is maintained and no "half streets" (streets in less than a required right of way and pavement width) are included. 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 letter of credit for all other public improvements for the TERRITORY. V CHANGES TO DEVELOPMENT PLAN The OWNER/DEVELOPER agrees to submit revised plans to the VILLAGE for any changes to the Development Plans. Any request to increase the number of dwelling units, change the pattern of land use, change the location of streets or street intersections, change the fundamental architectural character of the development, or obtain a variance from the Subdivision Regulations not part of this Agreement, shall be considered "major" changes; other changes shall be considered "minor ", in accordance with Section XVI.F. of the Lemont Zoning Code with the one exception that changes to the street system necessary for the extension of Walker Road shall be considered "minor" changes. "Major" changes shall require published notice and a public hearing before the Lemont Plan 8 Commission to consider amendment of the Special Use Permit for a Residential Planned Development. After said public hearing, the Plan Commission shall forward its recommendation to the Village Board of Trustees which shall approve or deny the requested amendment. If the changes are "minor," the VILLAGE may approve the Final Plat of Subdivision without additional review and recommendation by the Plan Commission. VI MODEL UNITS; SALES TRAILER 1. OWNER/DEVELOPER may construct one (1) three (3) unit model home building in accordance with the terms and conditions of this paragraph. The location of the model home building 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 a three (3) unit model home building may be constructed and occupied by OWNER/DEVELOPER as a model home and a sales and construction office before the completion of all public improvements and upon installation by OWNER/ DEVELOPER and approval of a temporary gravel access roadway by the Village Engineer and the Lemont Fire Protection District. 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. W ONER/DEVELOPERmay use bottled water and portable washrooms in connection with the model units prior to the completion of the sanitary sewer and water lines as aforesaid. Any portable washrooms shall be removed by OWNER/DEVELOPER within 10 days following the completion and approval of 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, OWNER/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. VII 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, OWNER/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 fifteen (15) feet from the top of the sign to ground level. In the event the sign is illuminated by OWNER/ DEVELOPER, it shall be non- glare, sharp cut -off lighting. The sign may be located off the northeast corner on the Walker Road frontage of the TERRITORY facing McCarthy Road. The sign shall be removed within 90 days after the last building permit for a residential unit on the TERRITORY is issued. 9 VIII LAND CASH PAYMENTS In consideration of execution of this Annexation Agreement, and by agreement of the parties, OWNER/DEVELOPER shall deposit the following payments prior to execution of the Final Plat: Library Donation Park Donation School Donations: Elementary (K -5) Junior High (6 -8) High School (9 -12) Village of Lemont Annexation Fee TOTAL Land Donation (acres) Equivalent 0.21 (1.03) 1.30 0.17 0.08 0.08 N/A 1.84 Cash Donation $ 20,698.80 ($103,494.00) $130,000.00 $ 16,837.33 $ 7,904.00 $ 8,168.35 $ 4,750.00 $ 183,608.48 IX WATER SYSTEM IMPROVEMENT CONTRIBUTION The OWNER 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 $750.00 per each attached single - family unit. X EASEMENTS AND UTILITIES The OWNER/DEVELOPER agrees 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 subject to the provisions of the Subdivision Control Ordinance, which are necessary to serve the TERRITORY. 10 All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. All electricity, telephone, cable television and gas lines shall be installed underground; the location of such underground utilities shall be at the OWNER/DEVELOPERS option upon approval of the respective utility company. XI 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 ofthe VILLAGE as they exist on the date each respective plan for development is approved. 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 building permit fees set forth under the various ordinances of the VILLAGE shall be paid by the OWNER/DEVELOPER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by OWNER/DEVELOPER may be commenced at any time, after the approval of this Agreement by the VILLAGE and issuance of permits therefor. Prior to final plat approval, OWNER/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 OWNER/DEVELOPER'S 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, 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/DEVELOPER for the future payment of contractors, materials salaries and wages and the like. The VILLAGE makes no guarantee regarding the timely reduction of said Letter of Credit and therefore should not be used for time - sensitive payment purposes, provided, however, that the VILLAGE shall act reasonably diligently in reviewing and approving OWNER/DEVELOPER' S written requests for reduction to said Letter of Credit, which written request shall itemize the estimated costs of public improvements completed and remaining. The VILLAGE Engineer shall recommend the amount of said Letter of Credit to be reduced, from time to time, as major public improvements, such as storm and sanitary sewers, water main and streets and curbs are completed, upon approval of the VILLAGE Board. OWNER/DEVELOPER, at OWNER/DEVELOPER' 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. 11 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 oftereinafter constructed, and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by Resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection, affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. OWNER/DEVELOPER 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. OWNER/DEVELOPER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER/DEVELOPER shall, within ten (10) days after receipt of a written notification from the VILLAGE of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if OWNER/DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day notice period. XII APPROVAL OF PLANS The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to the VILLAGE by OWNER/DEVELOPER. If the VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER/DEVELOPER in writing of the specific objection to any such submission so that OWNER/DEVELOPER can make any required corrections or revisions. XIII 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/ DEVELOPER so the OWNER/DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER/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. VILLAGE shall provide OWNER/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 or the development of it under this Agreement. XIV MAINTENANCE BOND 12 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/DEVELOPER shall deposit with the VILLAGE a Letter of Credit in the amount of ten percent (10 %) of the cost of the approved engineer's estimate of original construction costs. This guarantee 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. XV DAMAGE TO PUBLIC IMPROVEMENTS The OWNER/DEVELOPER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER/DEVELOPER, their successors or assigns and their employees agents, contractors or subcontractors. OWNER/DEVELOPER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XVI 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, any successor owners of record of TERRITORY, and any assignees, or 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. 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. XVII 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: 13 For the VILLAGE: For the OWNER/DEVELOPER: Village Clerk 418 Main Street Lemont, IL 60439 Dignan Development, L.L.C. P.O. Box 2356 Darien, IL 60561 With Copy To: Jim L. Stortzum Winterset Office Park 10723 West 159th Street Orland Park, IL 60467 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XVIII CERTIFICATES OF OCCUPANCY 1. Within five (5) days after request by OWNER/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 necessary as a condition of a Certificate of Occupancy and specifying the section of the Building Code relied on by the VILLAGE in its request for correction. 2. The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for structures between November 1st and June 1'. If weather prevents the OWNER/DEVELOPER from completing grading, landscaping and exterior painting, 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/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. XIX WARRANTIES AND REPRESENTATIONS The OWNER/DEVELOPER represents and warrants to the VILLAGE as follows: 1. That identified on page 4 hereof is the OWNER/DEVELOPER as legal title holder. 2. That other than the OWNER/DEVELOPER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 14 3. That OWNER/DEVELOPER 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. XX 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. XXI 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 Wall requirements for granting such approval have been met, unless such requirements are inconsistent with this Agreement. XXII ' SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXIII SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for the 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. XXIV RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER/DEVELOPER within 30 days after the execution hereof. XXV AUTHORIZATION TO EXECUTE. The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the Board of Trustees of the VILLAGE to execute this Agreement. The OWNER/ DEVELOPER 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, 15 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. XXVI 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. XXVII COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXIII 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. XXIX 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. XXX 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 and shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalidity thereof, and 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. XXXI 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. 16 XXXII REIMBURSEMENT OF COSTS The OWNER/DEVELOPER agrees to reimburse the VILLAGE for reasonable attorneys' 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 OWNER/DEVELOPER. Such payment shall be made promptly upon receipt of; a request from the VILLAGE of such reimbursement, with copies of the bills attached. XXXIII 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 4 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 lerk OWNER/DEVELOPER: Dignan Development, L.L.0 17 X\WP3ltanen rdUvWilly.Bc.Q,Cm No steins IiM:2Vnmtim.p.enenteDWNAN7.WPD STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that JOHN F. PIAZZA personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, OFFICIAL SEAL ROSEMAY FATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8-12-2004 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) gin day of 2002. Notary Public I, the undersigned, a Notary Public in and for the County and State afor said, DO HEREBY CERTIFY that the above -named Dignan Development, LLC By: B►n cq.n,� v is personally known to me to be the ssaam� person whoa name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that (s)he signed and delivered the said instrument as (her)(his) own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this 11044/I day of OFFICIAL SEAL €O EMAY YATES NOTAP`' PUSL;f; STATE OF ILLINOIS EXPIRES 8-12-2004 ublic , 2002. EXHIBIT "A" LEGAL-DESCRIPTION OF SUBJECT PROPERTY THE NORTH 15 ACRES OF THE EAST 1/2 OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 19 PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT THE NORTH 15 ACRES OF THE EAST WE OF THE EAST 1/2 OF THE SOUTHWEST 114 OF SECTION 28,TOWNSHIP 37 NORTH.RANOE /LEAST OF THIRD PRINCIPAL MERIDIAN.IN COOK COUNTY.ILUNOIS Nea WOVE j L —NORTH LNE OF SOUTHEAST 1/4 OF SECTION 25 -37 -11 661.86 HEREBY ANNEXED 15.4245 ACRES 88.00 889" 6400"1 881 51'08 "w ao <NY 8 0 0 93.00 NfV o$c N o P W 0 CASTLEWOOD ESTATES SUBDIVISION NORTHEAST CORNER OF SECTION 28 -37 -11 RESUBDIVISION 0 O z PIN. 22- 2840I-0080000 STATE OF ILLINOIS) COUNTY OF 5S APPROVED BY THE VILLAGE OF LEMONT VILL42E BOARD, COOK COUNTY AND DU PAGE COUNTY, LU)4OIS. DATED AT ILLINOIS THS DAY OF AD., 2002. PRESIDENT VLLAGE CLERK STATE OF LLNOIS) COUNTY OF )SS THIS INSTRUMENT NO. WAS FLED FOR RECORD N THE RECORDER'S OFFICE OF COUNTY, LLINOIS AFORESN), ON THE - DAY OF _ A.D. 2002, AT RECORDER OF DEEDS STATE OF LLNOISI COUNTY OF DU PACEISS THIS IS TO CERTIFY THAT WE, WEBSTER, Md7RATH & MILBERG, LTD., HAVE PLATTED FROM THE AVALABLE RECORDS THE ABOVE DESCRIBED PROPERTY WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAD AMEXATION. ALL DISTANCES ME SHOWN N FEET AND DECBLALS THEREOF. GIVEN W HAND AND SEAL AT *110470N, LLNOIS TH15 .y _ DAY OF _�1 I 4.0.2002. 1.. Doh DaorpOOn CCRATH 5 Bri A'v ILLINOIS LAND TOR N0�� !� �Q 207 S. NAPERVL L-F• oc/ LE STREET WHEATON, LLNCIS 80187 li (830) 880 -7603 PLAT OF ANNEXATION DIGNAN DEVELOPMENT, LLC 2006 WATERFORD LANE WOODRIDGE, IL 80517 1298 WALKER ROAD LEMONT ROAD WEBSTER.11cGRATH & NI.JERO LTD. Oar48 Ways. Long Survey Shoo 1800 207 South Noregyll• St. . °°)fie 7eos Mfisalon e5 01. eDm RE • FAX (030)0132-1700 DATE. Tiv., SCALE, 1,12C SHWA kt iwAWN, COM COUNTY II11-37 -8 MOW* S)EET • iQ )