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O-14-01 02/26/200121, t ORDINANCE NO. 0-1 y ©7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A PARCEL LOCATED AT 16360 NEW AVENUE IN LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 0204' day of 74- -C , 2001. 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 Lie'day of ,"}: "..t i/ ,2001. ORDINANCE NO. C% /.,`-0/ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A PARCEL LOCATED AT 16360 NEW AVENUE 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 ,21.14^ day of �� , 2001. John Benik Debbie Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS ABSTAIN ABSENT v v 1 Approved by me this 210/4" day of 3 2001. Attest: ENE SMOLLEN, illage Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 CHARLENE SMOLLEN, Village Clerk KWASNESKI, Village Pr sident ecazioia41 SCHROEDER ANNEXATION AGREEMENT 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 Binding Effect and Term and Covenants Running with the Land VIII Notices IX Warranties and Representations X Continuity of Obligations XI No Waiver or Relinquishment of Right to Enforce Agreement XII Village Approval or Direction XIII Singular and Plural XIV Section Headings and Subheadings XV Recording XVI Authorization to Execute XVII Amendment XVIII Counterparts XIX Curing Default XX Conflicts Between the Text and Exhibits XXI Severability XXII Definition of the Village XXIII Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, 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 Cynthia Vertucci- Schroeder, (hereinafter referred to as "OWNER "); and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and 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 not yet contiguous to the VILLAGE; and, WHEREAS, the OWNER desires to enter into a Pre - Annextion agreement and subsequently be annexed to the VILLAGE when the TERRITORY becomes contiguous to the VILLAGE coporate boundaries; and, WHEREAS, the VILLAGE agrees to allow the OWNER to connect to the VILLAGE sanitary sewer facilites; and, WHEREAS, the OWNER and the VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, upon Annexation of the TERRITORY to the VILLAGE, 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, 3 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 are 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 parcels shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as R -4 Residential District. 2. 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 once it is annexed. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the R -4 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 R -4 District. 4 III REQUIRED IMPROVEMENTS 1. Sanitary and Storm Sewers. OWNER shall be required to construct and install at its 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. OWNER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap -on fees required by the Village shall not be waived. 3. Recapture. Subject to Ordinance 988, approving a recapture agreement for the extension of sewer mains in the vicinity of New Avenue, the OWNER shall be required to pay recapture fees, as established by said ordinance, for connecting the TERRITORY to said sewer mains. The OWNER shall also pay 140% of the Village sanitary sewer maintenance fee, currently billed at $10.00 every two (2) months for a single family residence. 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 OWNER, with right of access by the VILLAGE for emergency maintenance purposes. IV DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS; MISCELLANEOUS 1. Streets. All streets required have been developed and approved by the State or Cook County. No additional improvements are required by the VILLAGE. Also, The OWNER shall be required to keep all public streets adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. Such streets must be cleaned at least once a week, and more often if required by VILLAGE in its sole judgement. For each day that the streets are not cleaned as required hereunder during construction, the OWNER shall be subject to a fine as provided in the Subdivision Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. 2. Sidewalks & Parkway Trees. OWNER shall be required to construct sidewalks along the public rights -of -way, and to install parkway trees along the northern right -of -way of New Avenue. Also, if at a future date the VILLAGE establishes a special assessment district for the installment of 5 sidewalks, parkway trees or other infrastructure improvements along or near to New Avenue, which includes the TERRITORY in said district, the OWNER shall not object to the establishment of such a district. 3. Dedications. No further dedication of right -of -way is required for New Avenue provided that a 30 -foot wide right -of -way as measured from the center line of New Avenue has been dedicated previously. 4. 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 EASEMENTS AND UTILITIES The OWNER 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 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 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. VI 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 Cook County. Once the TERRITORY is annexed to the VILLAGE, the building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE shall apply to the TERRITORY. 6 VII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor owner's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof, 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. VIII 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, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 3. Village Administrator 418 Main Street Lemont, IL 60439 7 For OWNER 1 Cynthia Vertucci - Schroeder 760 Woodcrest Lane Lemont, IL. 60439 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. IX WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the OWNER as legal title holders. ?.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. X 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 the OWNER, OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released the OWNER and from any all of such obligations. 8 XI 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. XII 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. XIII SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XIV 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. XV 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. 9 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. XVII 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. XVIII COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XIX 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. XX 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. 10 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 the VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve the VILLAGE from performance under such invalid provision of this Agreement. xUI 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. 11 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 3 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: B Village Clerk OWNER: VILLAGE OF LEMONT an I11i is Nlunic�ipal Co ration By: MA/It Cynthia Vertucci - Schroeder 12 sident 77,yey Exhibit "A" LOT 3 (EXCEPT THAT PART LYING WESTERLY OF A LINE DRAWN 40 FEET EASTERLY OF AND PARALLEL TO THE WESTERLY LINE OF SAID LOT) IN OWNER'S SUBDIVISION OF THAT PART OF LOT 8 IN COUNTY CLERKS DIVISION OF SECTION 19 AND LOTS IS, 19, 20, 22 LYING SOUTH OF THE NORTH 60 FEET OF SAID LOTS DESCRIBED AS NEW AVENUE AND THAT PART OF LOTS 17 AND 23 NORTH OF HIGHWAY LN COUNTY CLERKS DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRLNCIPAL MERIDLAN, LN COOK COUNTY, ILLINOIS. PLAT OF ANNEXATION 0T 3 !EXCEPT THAT FART LING WESTERLY OF A LINE DRAWN. 40 FEET EASTERLY OF AND PARALLEL TI) THE WESTERLY LINE OF SAD LOT) ■11 OWNEPS. SVPDrosioN OF THAT PART OF LOT 9 IN COUNTr CLERK: DIVISION OF SECTION 19 AND LOTS 19, 19, 20, 72 LING SOUTH OF THE NORTH AO FEET OF SAID LoT-,, KNOWN AND DESOPIFTEO AS NEW AVENIJE. AND 'HAT PART 01 LOTS 17 AND 23 NORTH OF HIGHWAI, IN COUNTY CLEFS 00-I =ION OF SED,TI,N 5). ALL IN TOWNSHIP 3' NORTH , RANOE 11 FAj? ▪ TIIF THIRD PRIN'IPAL MERIDIAN. IN COOK 001)117'. !LLIN01S- ALSO .■+E ANNEXATION SHALL EXTEND TD THE FAR SIDE DE `)EW 4VFNoE. ACCORD■NG TO STATI,ITE AS ILLS 51? 1 1 THE NEW POH NDAPY it (ALL EXTEND 1, THf. TAR =AY- '_'F ANY ADJACENT HIGHWAY AND S HA1 1 INCI VDE ALL OF F-ER, HIGHWA( WITHIN THE AF EA ANNEXFD. SCALE rs TT I ATF ■lr 1) I INc11 -, Exhibit `B" r T V „ -:7T) - 21)1 -01H 121 M'M' ORDINANCE NO. 0-1 V-07 AN ORDINANCE AUTHORIZING THE EXECLTION OF AN A1NEXATION AGREEMENT FOR A PARCEL LOCATED AT 16360 NEW AVENUE IN LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 020' day of 7-41 (1 ' 2001. 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 z . day of ,1-A...9.).44"-44-4-41/ , 2001. ORDINANCE NO. c9 —7/ 0/ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A PARCEL LOCATED AT 16360 NEW AVENUE 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 1121ay of , 2001. John Benik Debbie Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS ABSTAIN ABSENT 1/ v v Approved by me this a4/' day of 3-.4.d001. Attest: , /Li■ HARLENE SMOLL N, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 CHARLENE SMOLLEN, Village Clerk SCHROEDER ANNEXATION AGREEMENT 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 Binding Effect and Term and Covenants Running with the Land VIII Notices IX Warranties and Representations X Continuity of Obligations XI No Waiver or Relinquishment of Right to Enforce Agreement XII Village Approval or Direction XIII Singular and Plural XIV Section Headings and Subheadings XV Recording XVI Authorization to Execute XVII Amendment XVIII Counterparts XIX Curing Default XX Conflicts Between the Text and Exhibits XXI Severability XXII Definition of the Village XXIII Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, 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 Cynthia Vertucci- Schroeder, (hereinafter referred to as "OWNER "); and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and 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 not yet contiguous to the VILLAGE; and, WHEREAS, the OWNER desires to enter into a Pre - Annextion agreement and subsequently be annexed to the VILLAGE when the TERRITORY becomes contiguous to the VILLAGE coporate boundaries; and, WHEREAS, the VILLAGE agrees to allow the OWNER to connect to the VILLAGE sanitary sewer facilites; and, WHEREAS, the OWNER and the VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, upon Annexation of the TERRITORY to the VILLAGE, 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, 3 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 are 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 parcels shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as R -4 Residential District. 2. 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 once it is annexed. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the R -4 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 R -4 District. 4 III REQUIRED LMPROVEMENTS 1. Sanitary and Storm Sewers. OWNER shall be required to construct and install at its 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. OWNER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap -on fees required by the Village shall not be waived. 3. Recapture. Subject to Ordinance 988, approving a recapture agreement for the extension of sewer mains in the vicinity of New Avenue, the OWNER shall be required to pay recapture fees, as established by said ordinance, for connecting the TERRITORY to said sewer mains. The OWNER shall also pay 140% of the Village sanitary sewer maintenance fee, currently billed at S10.00 every two (2) months for a single family residence. 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 OWNER, with right of access by the VILLAGE for emergency maintenance purposes. IV DEDICATION AND CONSTRUCTION OF STREETS: SIDEWALKS; MISCELLANEOUS 1. Streets. All streets required have been developed and approved by the State or Cook County. No additional improvements are required by the VILLAGE. Also, The OWNER shall be required to keep all public streets adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. Such streets must be cleaned at least once a week, and more often if required by VILLAGE in its sole judgement. For each day that the streets are not cleaned as required hereunder during construction, the OWNER shall be subject to a fine as provided in the Subdivision Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. 2. Sidewalks & Parkway Trees. OWNER shall be required to construct sidewalks along the public rights -of -way, and to install parkway trees along the northern right -of -way of New Avenue. Also, if at a future date the VILLAGE establishes a special assessment district for the installment of 5 sidewalks, parkway trees or other infrastructure improvements along or near to New Avenue, which includes the TERRITORY in said district, the OWNER shall not object to the establishment of such a district. 3. Dedications. No further dedication of right -of -way is required for New Avenue provided that a 30 -foot wide right -of -way as measured from the center line of New Avenue has been dedicated previously. 4. 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 EASEMENTS AND UTILITIES The OWNER 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 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 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. VI 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 Cook County. Once the TERRITORY is annexed to the VILLAGE, the building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE shall apply to the TERRITORY. 6 VII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor owner's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof, 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 parry 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. VIII 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, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 Village Administrator 418 Main Street Lemont, IL 60439 7 For OWNER 1. Cynthia Vertucci - Schroeder 760 Woodcrest Lane Lemont, IL. 60439 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. IX WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the OWNER as legal title holders. 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. X 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 the OWNER, OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released the OWNER and from any all of such obligations. 8 XI NO WAIVER OR RELINOUISHMENT OF RIGHT TO ENFORCE AGREEMENT Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. XII 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. XIII SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XIV 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. XV 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. 9 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. XVII 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. XVIII COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XIX CURLNG 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. XX 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. 10 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 3 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: B OWNER: Cynthia Vertucci- Schroeder Village lerk VILLAGE OF LEMONT an Illin.is Munic'pal Corp. ation i % &J / - • r , 1 By: 12 Village P esident 10101FAO aaill"lezo Exhibit "A" LOT 3 (EXCEPT THAT PART LYING WESTERLY OF A LINE DRAWN 40 FEET EASTERLY OF AND PARALLEL TO THE WESTERLY LINE OF SAID LOT) IN OWNER'S SUBDIVISION OF THAT PART OF LOT 8 IN COUNTY CLERKS DIVISION OF SECTION 19 AND LOTS 13, 19, 20, 22 LYING SOUTH OF THE NORTH 60 FEET OF SAID LOTS DESCRIBED AS NEW AVENUE AND THAT PART OF LOTS 17 AND 23 NORTH OF HIGHWAY L■ COUNTY CLERKS DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRLNCIPAL MERIDIAN, LN COOK COUNTY, ILLLNOIS. Ai" PLAT OF ANNEXATION OT t IExCEPT THAT PART ',INC: 1 WESTERLY OF A LINE DPAWN 40 FEET FA$TEPLY 01 AND PAPAI_LEL TY) THE WESTERLY LINE OF SAID LOT) IN OWNEPS' SURDMSION OF THAT RAPT OF LOT A IN COUNT'S OLEP)S DIV 0'N 01 SECTION 19 AND LOTS 19. 19, 20. 72 LrIN0 SOUTH OF THE NORTH 60 FEET OF S4ID L T;, PNOWN AND DESCPIRED AS NEW AVENI)E, A110 THAT PART OF LOTS 1- AND 73 NORTH OF WA,, N C'10NTY OLER*S DIVISION OF 1-7,Erfly,N 30, ALL IN TOWNSHIP 37 N,1PTH RANGE THIPD PPINCIPAI MEPIDIATI, IN C0Cv �I IH1�� ILLINOIS_ ALSO VENAT.' N SHALL F %TEND TO THE FAP ``I01 '01 NEW AVENUE ACCOPL' 0 TO STATUTE qc ' 7141 NEW 60I INDAPA SHALL EATEN0 1 ' THE F76 P40E '.=F ANY ADJAC=ENT HIGHWAY ANLL iHGi ',N:t'JF'E ALL OF FVERY Hif.-HWA1 WITHIN THE AFF4 ANNEXFO NERF7r ) AV,VEXEIT TO 171E VILLAGE OF LEMO,VT 0 366 ACRE.; TATr OF 11IINt�K Exhibit `B" 1' I ,V 11) - %i" - (l1 STATE OF (ILLINOIS ) SS. COUNTY OF COOK IRREVOCABLE PETITION REQUESTING ANNEXATION TO THE VILLAGE OF LEMONT TO: THE VILLAGE CLERK, VILLAGE OF LEMONT, ILLINOIS We, the undersigned Petitioners, owners of record of all of the land herein requesting to be annexed, respectfully represent, under oath, that all conditions required for annexation to the Village of Lemont pursuant to and in accordance with Illinois Municipal Code Chapter 65 Illinois Compiled Statutes Section 5/7 -1 -8 do hereby state under oath to wit: 1. That the territory requested to be annexed is described as follows: (See legal description attached hereto on Exhibit `A" and made a part hereof) 2. That the described territory is not within the corporate limits of any municipality but is contiguous to the Village of Lemont, a municipality organized and existing under the laws of the State of Illinois. 3. That a Plat of Annexation showing the described territory is attached hereto and made a part of this Petition or will be provided prior to adoption of the Ordinance annexing said territory. 4. That this Petition is signed by all of the owners of record of all land in the described territory and at least 51% of the electors residing in the described territory. 5. That this Petition is irrevocable once signed and submitted to the Village of Lemont by the owner(s) of record. WHEREFORE, your Petitioners respectfully request the Corporate Authorities of the Village of Lemont to annex the above described territory to the Village of Lemont. NAME ADDRESS OWNER ELECTOR (Printed & Signed) (Cht7 all that apply) \iverWic- VC.ftJcci - ScVI ret'(r 76Q tv 61A-cc 4-- (Please Print & Sign) (Please Print & Sign) (Please Print & Sign) (Please Print & Sign) STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that C ni-hn■ ",:'wr kc - �i0,� " .ec v' , personally known to me to be the person whose name isubscribed to the foregoing Petition for Annexation, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Petition for Annexation as hislher own free and voluntary act, for the uses end purposes therein set forth. GIVEN under my hand and official seal this ( art AL FriSENiA,1 \ vrES NOTARY ' iP r- OF ILLINOIS MY COI,t;ir6Z,Oi, ; EXPIRES 8- 12.2004 204" day of XAL+ik :a�;. 1�GS i1tii C [1 r S Notar) lic , 20oi . STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, a Notary Public in and for said County and Sate DO HEREBY CERTIFY that , personally known to me to be the person whose name is subscribed to the foregoing Petition for Annexation, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Petition for Annexation as his \her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 20 Notary Public