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O-02-00 01/24/2000LEMONT Village of Faith 00091343 1215/0025 32 001 Page 1 of 22 2000-02-04 104 19:12 Cook Courffy Re-order 63.50 111111101131111 For Recorder's Use Only II ORDINANCE NO. - AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL GENERALLY LOCATED AT 15200 - 129TH STREET, LEMONT, ILLINOIS (J.K. Construction Co., Inc.) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This a.4*^ day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and Du Page Counties, Illinois, this OA day of , 2000. , 2000. ORDINANCE NO.Ii CO 00091343 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL GENERALLY LOCATED AT 15200 - 129TH STREET, LEMONT, ILLINOIS ( J.K. Construction Co., Inc.) 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 the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "J.K. Construction Co., Inc. Annexation Agreement" dated the a,\ M^ of �.�,,,u;e( , 2000, a copy of which is attached hereto and made a part here U SECTION 2: 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. 00091343 PASSED AND APPROVED BY int, PRESIDENT AND BOARD OF TRUSTEES OF I t VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this day of 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Att t: Approved by me this AYES NAYS PASSED ABSENT v y CHARLENE SMO LEN, Village Clerk y of 2000. r7: a • '1 A. KWASNESKI, Village President RLENE SMOLL .', Village Clerk APPRO ' D AS TO FOR1 . i / /I7 /./%t _ ,i JOHN ANTONOPOU OS, Village Attorney Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, Il 60439 000913 WECK ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Street Lights, Sidewalks, Miscellaneous V Easements and Utilities Contributions and Annexation Fee VII Development Codes and Ordinances and General Matters VIII Approval of Plans IX Notice of Violations X Maintenance Bond XI Damage to Public Improvements Binding Effect and Term and Covenants Running with the Land XIII Notices XIV Provisional Occupancy Permits XV Reimbursement of Village for Legal and Other Fees and Expenses XVI Warranties and Representations XVII Continuity of Obligations XVIII No Waiver or Relinquishment of Right to Enforce Agreement XIX Village Approval or Direction 3 r XX Singular and Plural XXI Section Headings and Subheadings 00091343 XXII Recording XXIII Authorization to Execute XXIV Amendment XXV Counterparts XXVI Curing Default XXVII Conflicts Between the Text and Exhibits XXVIII Severability XXIX Definition of the Village XXX Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property ANNEXATION AGREEMENT 00091343 THIS AGREEMENT, made and entered into this a2W-h day of 1,9A9, between the VILLAGE OF LEMONT, a municipal corporation of the Coun ies of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and J.K. Construction Company, Inc., an Illinois Corporation (hereinafter referred to as "OWNER "). WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof, and, WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, the parties hereto desire the TERRITORY, which is contiguous to the VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VITJ,AGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: 1 3 I. ANNEXATION 00091343 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 thing necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit `B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit `B" shall be classified under the existing zoning ordinance, as amended, as R -3 Single - family Detached Residence District. 2. Other than one (1) single family residence, the OWNER and the VILLAGE agree that no portion of the TERRITORY shall be redeveloped unless an acceptable final Plat of Subdivision, including final engineering plans and specifications, has been submitted to and approved by the VILLAGE, in accordance with the VILLAGE Zoning Ordinance and Subdivision Regulations and this Agreement. 3. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the R -3 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 -3. f REQUIRED IMPROVEMENTS 00091343 The OWNER intends to develop the property with a single family residence, with connections to VILLAGE water and sewer mains. The OWNER shall only be required to construct water and sanitary sewer improvements, sidewalks and parkway trees along the south side of 129th Street. 1. Water Supply. OWNER shall have the right to construct and install at its 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 OWNER may install an 8 inch water main along the frontage of 129th Street. 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. The VILLAGE shall assist in securing any off -site easements that may be necessary to extend such service to the TERRITORY. 2. Sanitary and Storm Sewers. OWNER shall be permitted 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 OWNER shall, upon request of the VILLAGE Engineer, install a 12 inch sanitary sewer line across the 129th Street frontage. 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. All required public improvements shall be completed within 2 years after issuance of a building permit for the single family residence, shall be inspected by the VIT LAGS upon completion and if they are found to be in compliance with the requirements of the VILLAGE's Code and in 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 be required to pay all recapture costs as required by VILLAGE Ordinance for connection to the water and/or sewer mains. IV DEDICATION AND CONSTRUCTION OF STREETS; STREET LIGHTS: SIDEWALKS; MISCELLANEOUS 1. Streets. The OWNER shall provide access to the site. Upon resubdivision of the TERRITORY, the VILLAGE shall accept the construction of publicly dedicated streets upon the completion by OWNER of said improvements in accordance with the VILLAGE. The final wearing surface shall not be installed until a period of twelve (12) months after installation of the base, or 5 (0)091343 upon request by the VILLAGE. Upon completion of the streets, OWNER shall be responsible for keeping the streets free from construction debris and for repair of damages to the streets caused by OWNER's construction traffic. All deliveries of construction supplies or materials shall be restricted to certain streets or temporary haul roads designated by the VILLAGE. The OWNER shall only be required to construct 129th Street adjacent to the TERRITORY. No reconstruction of 129th Street is required for the construction of one (1) single family residence on the TERRITORY. OWNER shall be required to reconstruct said 129th Street if any part of the TERRITORY is resubdivided. Also, OWNER shall be required to keep all public or private streets adjoining the TERRITORY free from mud and debris generated by 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, 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. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. 2. Street Lights. Upon resubdivision of the TERRITORY, OWNER shall be required to install street lights in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 3. Sidewalks and Parkway Trees. OWNER shall be required to construct sidewalks and plant parkway trees along the south side of 129th Street all in accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 4. Dedications. The OWNER shall dedicate to the VILLAGE 33 feet of right -of -way for 129th Street as measured from the centerline of said street, as well as 33 feet from property on the north side of 127th Street which is owned by the petitioner. Said dedications shall be completed prior to the issuance of a building permit for the TERRITORY. No street improvements are required to 129th Street unless the TERRITORY is resubdivided. 5. Miscellaneous. Any sidewalks and street trees to be installed on public rights of way shall be completed prior to issuance of a final occupancy certificate for the single family residence. The OWNER's obligation to install the sidewalks or street trees shall not be assigned or transferred by the OWNER to a subsequent title- holder. 6. 129th Street Gate. The gate shall remain in the existing location until 129th Street is improved to Village standards in front of the subject property. At that point, the gate shall be moved onto that part of 129th Street located to the west of the subject property or as otherwise specified by the Village Board. 6 000913 43 EASEMENTS AND UTILITIES The OWNER agrees at the time of extension of public utilities 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. VI CONTRIBUTIONS AND ANNEXATION FEE 1. The OWNER shall make cash contributions and pay an annexation fee at the time a final Plat of Annexation is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. 2. The annexation fee to be paid to the VILLAGE shall be $250.00. This fee shall be paid upon annexation of the TERRITORY. 3. Upon resubdivision of the TERRITORY, the OWNER shall contribute to the VILLAGE the cost of expanding the VILLAGE water supply system 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 one thousand dollars ($1,000.00) shall be paid for each single family dwelling. 4. Impact Requirements. OWNER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate governmental interests of the VILLAGE, including, but not limited to, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public utilities, sheets, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. No land/cash fees are required for the development of one (1) single family residence on the TERRITORY. 7 �i� 00091343 by the development of the TERRITORY. No land/cash fees are required for the development of one (1) single family residence on the TERRITORY. VII 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 of each lot is issued. Planning and engineering designs and standards, and road construction and dedication of public improvements, shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. All other fees set forth under the various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. Upon resubdivision of the TERRITORY, no occupancy permit shall be issued 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 125% of the OWNER's Engineer's estimate of the cost of construction and installation of all such 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. At no time shall the letter of credit funds be utilized 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 VILLAGE agrees not to refuse reasonable requests to reduce or release a letter of credit provided that major components of public improvements are completed which are subject to the request, and provided that such requests are not excessive in number. A letter of credit shall only be required for one (1) single family residence if any public improvements are proposed such as water and sewer construction. The OWNER shall not be entitled to obtain any new construction building permits, nor any sign permits, and shall not be entitled to construct any model units, signs, 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 8 00091 y43 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. If water and sewer are proposed as part of Phase I development, then a letter of credit shall be submitted prior to the issuance of a building permit. All public improvements shall be constructed and initiated within two (2) years from the date of issuance of the building permit; however, if the completion date falls after September 30th, the date shall be the following May 30th. Any future Plat of Subdivision shall contain such restrictive covenants, drainage covenants and easement provisions as are or were required by the President and the 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 vs amended. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. 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. OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the letter of credit provided for in this Agreement to remove any such debris on the TERRITORY, notwithstanding that such debris is located upon public or private property within the subdivision. The VILLAGE will not draw upon the letter of credit if OWNER removes the debris as directed by the VILLAGE within the ten (10) day notice period. OWNER agrees that any dirt stock piles resulting from the development of the TERRITORY shall be located in places as designated and approved by the VILLAGE, and for reasonable time period not to exceed the earlier of either five years or the date on which 85 percent of the number of homes to be built on the TERRITORY have been substantially completed, unless an extension is agreed to by the VILLAGE. In addition, the VILLAGE, after providing OWNER with ten (10) days advance written notice, shall have the right to draw upon the letter of credit provided for in this agreement to relocate or remove any dirt stock pile which results from the development should they not be placed in an approved location or if the pile is causing a storm water drainage problem, or 9 00091343 should it not be permitted to remain beyond the time period specified by the VILLAGE; provided, however, that the VILLAGE will not draw upon the letter of credit if OWNER relocates or removed the stock piles as directed by the VILLAGE within the ten (10) day notice period. VIII 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. IX NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. X MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five percent (5 %) 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 twelve (12) 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. 10 XI DAMAGE TO PUBLIC IMPROVEMENTS 00091343 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. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor OWNER's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof and any extended time that may be agreed to by amendment. 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. XIII NOTICE S 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 Village Clerk 418 Main Street Lemont, IL 60439 11 3. Village Administrator 418 Main Street Lemont, IL 60439 For the OWNER: J.K. Construction Co., Inc. 5 Glenview Lane Lemont, IL 60439 Valerie J. Freireich, Attorney 2 Paddock 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. XIV PROVISIONAL OCCUPANCY PERMITS The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for individual residences between November 1st and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior concrete or asphalt work for any such residence (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 credit, plats, easements or other documents relating to the TERRITORY: a. the costs incurred by the VILLAGE for engineering or planning services; b. all attorneys' fees incurred by the VILLAGE; and c. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and 12 00091343 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 VILLAGE in the administration of the Agreement shall be evidence to the OWNER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNER. Notwithstanding the immediately preceding paragraph, OWNER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. In the event the VILLAGE institutes legal proceedings against OWNER for violation of this Agreement and secured a judgement in its favor, the court having jurisdiction thereof shall determine and include in its judgement 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 judgement rendered in favor of the VILLAGE against OWNER. XVI WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the legal title holders and the OWNERS of record 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 and First Midwest Mortgage as lienholder, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 13 00091343 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 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. V SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. 14 00091343 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. XXII RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER. 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. YXV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. 15 00091343 XXVI CURING DEFAULT The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. 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 judgement or decree shall relieve VIIJ.AGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. 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 THIS AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective date of this Agreement. 16 00091343 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. Village Clerk 17 LAGE OF LEMONT is Municipal Corporation kg pillage President OWNER: n .L Lt_ - President, J.K. Construction Co., Inc. ATTEST: �//,'(/ L \} STATE OF ILLINOIS ) SS. COUNTY OF COOK ACKNOWLEDGMENTS 00091343 1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that RICHARD A. KWASNESKI 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, this day of , 1999. Commission expires , 199_ Notary Public STATE OF ILLINOIS ) SS. COUNTY OF COOK I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of 199 . Commission expires , 199 Notary Public 18 IIMIM11111.4011 ili 11111 MI= IBM MI NM =Ma 11111111111111 MIMS OMNI MINIM MIMI 1MM •MMES.* MI /MI MN • =BINE • II= NW'. MEM NNW: NM WO NM MI '''. MI lan MN • MIIMIII MI NM -- M•III=1 mum mom =MI • . :. win moan 7 MIMI MIME .."111•1=111. MEND ...II=Im -1.1111M. 1•1110•1 IIIIUM 91343 • PUD R-4 8-3 r. PUD R-4