O-65-04 10/11/0411
V
Doc #: 0436539089
Eugene "Gene" Moore Fee: $82.00
Cook County Recorder of Deeds
Date: 12/30/2004 12:06 PM Pg: 1 of 30
VILLAGE OF LEMONT
ORDINANCE NO. C 6
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR A 1.5 ACRE PARCEL, LOCATED WEST OF WALKER ROAD AT 11520 WALKER ROAD
IN LEMONT, ILLINOIS
(FRANCISCAN SISTERS OF CHICAGO/LEMONT FIRE PROTECTION DISTRICT,
SATELLITE FIRE STATION #4)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 11th DAY OF OCTOBER, 2004
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 11th
day of October, 2004.
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VILLAGE OF LEMONT
ORDINANCE NO. /
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR A 1.5 ACRE PARCEL, LOCATED WEST OF WALKER ROAD AT 11520 WALKER ROAD
IN LEMONT, ILLINOIS
(FRANCISCAN SISTERS OF CHICAGO/LEMONT FIRE PROTECTION DISTRICT,
SATELLITE FIRE STATION #4)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 11th DAY OF OCTOBER, 2004
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 11th
day of October, 2004.
ORDINANCE NO. 0. (i5 ro
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR A 1.5 ACRE PARCEL, LOCATED WEST OF WALKER ROAD AT 11520 WALKER ROAD
IN LEMONT, ILLINOIS
WHEREAS, Franciscan Sisters of Chicago are 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 known as the "Franciscan Sisters of Chicago/Lemont Fire Protection District
Annexation Agreement" dated the 11th of October, 2004 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 1 lth
day of October, 2004.
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ron Stapleton
Jeanette Virgilio
ci�zZ�
Attest:
icy
AYES NAYS PASSED ABSENT
v
CHARLENE M. SMOLLEN, Village Clerk
S:COMMUNITY DEVELOPMENT DEPTCASE FILESV200424.19 Lemont Fire DistrictLemont Fire District Execution of Annexation Ord.doc
ANNEXATION AGREEMENT
Franciscan Sisters of Chicago — Lemont Fire Protection District
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Public Improvements
IV
Dedication and Construction of Streets; Sidewalks;
Miscellaneous
V Easements and Utilities
VI Fees
VII
Development Codes and Ordinances and General
Matters
VIII Approval of Plans
IX Notice of Violations
X Maintenance Guarantee
XI Damage to Public Improvements
XII Binding Effect and Term and Covenants Running
with the Land
XIII Notices
XIV Certificates of Occupancy
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
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XIX Village Approval or Direction
XX Singular and Plural
XXI Section Headings and Subheadings
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 Village
XXX Execution of Agreement
EXHIBIT TITLE
A Legal Description of Subject Property
B Plat of Annexation of Subject Property
C Preliminary Site Plan
D Architectural Elevations
E Landscape Plan
2
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004,
between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook,
DuPage and Will, in the State of Illinois (hereinafter collectively referred to as
"VILLAGE, ") and Franciscan Sisters of Chicago (hereinafter collectively referred to as
"OWNER ") and the Lemont Fire Protection District (hereinafter referred to as
"DISTRICT "), an Illinois Municipal Corporation.
WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as
the "TERRITORY," the legal description of which is attached hereto as Exhibit "A ") and
by this reference made a part hereof; and,
WHEREAS, the TERRITORY has not been annexed to any municipality; and,
WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be
annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1-
1, et. seq.; and,
WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of
this Annexation Agreement; and,
WHEREAS, the OWNER desires to lease the TERRITORY to the Lemont Fire
Protection District ( "DISTRICT ") for purposes of the construction of a Fire Station; and
WHEREAS, the VILLAGE would extend its zoning, building, health and other
municipal regulations and ordinances over the TERRITORY, thereby protecting the
VILLAGE from possible undesirable or inharmonious use and development of
unincorporated areas surrounding the VILLAGE; and,
WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this
Annexation shall extend to the far side of every highway and shall include all of every
highway not already annexed; and,
WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the
Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the
TERRITORY and various other matters; and,
WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said
VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement
and has given notice of said hearing; and,
WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of
the TERRITORY described in the Petition and has determined that the best interest of the
VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in
accordance with the provisions of the Agreement.
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NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
I
ANNEXATION
1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal
Code, the parties hereto respectively agree to do all things necessary or appropriate to
cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible
after the execution of this Agreement.
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 legally
described in "Exhibit A" shall be classified under the existing Zoning Ordinance
No. 0- 25 -99, as amended, as R -5 Single - family Attached Residence District and
Planned Unit Development. Prior to the date of this Agreement, such public
hearings as are necessary to enable the VILLAGE lawfully to grant said zoning
classification as to the TERRITORY have been conducted upon proper notice,
and no further action need be taken by the OWNER to cause the TERRITORY to
be rezoned as an R -5 District and PUD once the parcel is annexed to the
VILLAGE. The Village Zoning Board of Appeals conducted public hearings as
necessary to lawfully grant said Zoning Classification on September 7, 2004.
2. The VILLAGE shall permit the construction of a fire station on the subject
property, subject to the following development standards:
a) Minimum front yard of 40 feet;
b) Minimum side yards of 25 feet;
c) Minimum rear yard of 30 feet;
d) Maximum building height of 40 feet;
e) Development and construction shall substantially comply with the preliminary
site plan, prepared by Wight & Company, dated June 15, 2004 (Exhibit "C ");
architectural elevations and floor plan, prepared by Wight & Company, dated
September 16, 2004 ( "Exhibit "D "); Landscape and Tree Preservation Plan,
prepared by Hitchcock Design Group, dated August 25, 2004 (Exhibit "E ").
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3. In the event the Lemont Fire Protection District does not construct a fire station
on the subject property, the R -5 PUD classification shall restrict future
development and use of the property in keeping with Article II (Zoning and Land
Use Restrictions) of the Franciscan Sisters of Chicago Annexation Agreement,
dated November 28, 1994, authorized by ordinance number 869, and recorded as
document number 04009394.
3. Building Permits.
A. Within 30 days after receipt of an application by the DISTRICT or
OWNER for a building permit for construction of any buildings, or other
improvements on the TERRITORY, the VILLAGE shall either issue a
permit authorizing such construction, issue a permit authorizing such
construction subject to satisfaction of specified conditions consistent with
the terms of this Agreement, or issue a letter of denial of such permit
specifying the basis of said denial by reference to the provisions of the
VILLAGE'S Building Code applied in accordance with this Agreement,
which the subject construction would allegedly violate. If the VILLAGE
conditionally approves such a permit, the VILLAGE shall issue the
permit unconditionally within five (5) working days after satisfaction by
the DISTRICT /OWNER of the specified conditions.
B. Any stop order issued by the VILLAGE directing work stoppage on
any building or other improvement on the TERRITORY shall specify the
section of the VILLAGE'S Building Code allegedly violated by the
DISTRICT /OWNER and shall give the DISTRICT /OWNER 30 days in
which to cure or diligently commence cure of such violation. Upon
correction of any such violation, work on any improvement subject to a
stop order may recommence.
4. Effect of Future Ordinances and Amendments. It is understood and agreed, except as
otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and
all other ordinances including all fees and charges of the VILLAGE, shall not be frozen
during the term of this Agreement, and such ordinances, as the same may from time to
time be amended and enforced throughout the VILLAGE, shall apply to the
TERRITORY.
III
REQUIRED PUBLIC IMPROVEMENTS
1. Water Supply.
The DISTRICT /OWNER shall construct and install at their expense all necessary
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on -site water mains to service the TERRITORY. All water mains shall be constructed
and installed in accordance with the regulations of the VILLAGE and final engineering
plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the
aforementioned water mains to the water facilities of the OWNER and to furnish water
service on the same basis as said services are furnished to other parts of the OWNER'S
water system.
2. Sanitary and Storm Sewers.
The DISTRICT shall construct and install at their expense all necessary sanitary
sewers to service the TERRITORY in accordance with the Subdivision Regulations of
the VILLAGE and final engineering plans approved by the VILLAGE and regulations of
the Metropolitan Water Reclamation District of Greater Chicago ( "MWRD ").
3. Stormwater Management.
A. The DISTRICT and 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. A separate storm sewer system shall be constructed by the
DISTRICT /OWNER which shall direct storm water runoff into a storm water piping
system and any required detention basins per VILLAGE ordinance and in conformance
with regulations by the Metropolitan Water Reclamation District (MWRD), as
preliminarily approved in the attached Exhibit "D ".
B. The DISTRICT and OWNER shall be required to construct a storm water
detention or retention basin which complies with the Lemont Subdivision Regulations
and Standard Specifications, which are preliminarily approved as Exhibit "D ". The
design of the detention and storm water management improvements shall exceed the
minimum standards of the VILLAGE, to the extent, in the reasonable opinion of the
Village engineers, such improvements are required to protect the health, safety and
welfare of owners of the subject property and properties within the drainage sub -basin of
the subject property. The DISTRICT /OWNER shall be responsible for the basin, subject
to an easement which allows the Village the right but not the obligation to enter the
property for maintenance purposes.
IV
DEDICATION AND CONSTRUCTION OF STREETS and SIDEWALKS
1. Streets.
A. Construction Hours. The DISTRICT /OWNER shall be responsible for strict
observation of the construction hours regulations of the VILLAGE on behalf of all persons and
companies engaged in construction activity within the DEVELOPMENT, whether related to
the installation of public improvements or dwelling construction. It is agreed that the
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VILLAGE shall issue stop -work orders, tickets, and fines as reasonably necessary to enforce
its construction hours regulations.
B. Maintenance. The DISTRICT /OWNER shall be responsible for maintenance of the
streets, including any damage incidental to construction of improvements by other
contractors, their subcontractors or suppliers.
C. Debris. DISTRICT /OWNER shall be required to keep all streets within and
adjoining the TERRITORY free from mud and debris generated by any new construction
activity on the TERRITORY. Such streets must be cleaned at least once daily. For each
day that the streets are not cleaned as required hereunder during construction,
DISTRICT /OWNER shall be subject to a fine as provided in Section XX "Violation
Penalty" of the Subdivision Regulations. If any such fine is not promptly paid, the
VILLAGE shall have the right to stop any and all further construction until paid.
2. Sidewalks.
The DISTRICT /OWNER shall not be required to construct sidewalks along the frontage
of the property on Walker Road unless and until sidewalks are included in a road
improvement project that extends sidewalks to and from the subject property.
V
EASEMENTS AND UTILITIES
The DISTRICT /OWNER agrees at the time of approval of the Annexation
Agreement to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, all
necessary easements for the extension of sewer, water, street, or other utilities, including
cable television, or for other improvements, which may serve not only the TERRITORY,
but other territories in the general area.
All such easements to be granted shall name the VILLAGE and/or other
appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the
responsibility of the DISTRICT /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
DISTRICT /OWNER option, upon approval of the respective utility company.
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VI
FEES
1. For the purposes of construction of a public Fire Station on the subject
property, the VILLAGE agrees to waive all fees for annexation and zoning
approval, building permits, and site development permits, provided the
DISTRICT agrees to reimburse the VILLAGE for all of its professional services
expenses related to the review and approval of this agreement, permit
applications, and construction plans, including but not limited to plan review
expenses, legal fees, and document recording and filing expenses.
2. In the event OWNER undertakes a project on the subject property other than a
public fire station, but permitted under the Zoning and Land Use Restrictions
cited in this agreement, the Village agrees to waive or reduce fees in keeping
with Article III of the Franciscan Sisters of Chicago Annexation Agreement
dated November 28, 1994, authorized by ordinance number 869 and recorded as
document number 04009394.
VII
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS.
The development of the TERRITORY annexed shall be in accordance with the
existing building, zoning, subdivision, storm water retention and other developmental
codes and ordinances of the VILLAGE as they exist on the date each respective permit
for development is issued. Planning and engineering designs and standards, and road
construction and dedication of public improvements, to the extent they are required for
the particular project, shall be 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.
No occupancy permit shall be issued for any building prior to the completion of the
required public improvements. Provided, however, the construction and installation of the
public improvements, if any, to be done by DISTRICT /OWNER may be commenced at
any time after DISTRICT /OWNER has delivered to VILLAGE an irrevocable letter of
credit, in a form satisfactory to, and from a bank or other financial institution approved
by, the VILLAGE in the amount of 115% of the DISTRICT /OWNER Engineer's
estimate of the cost of construction and installation of all such public improvements as
approved by the VILLAGE Engineer, including all required lighting, streets and street
lights, sidewalks, landscaping, street trees, sewer and water lines and storm water
management facilities, except to the extent such facilities are to remain private, and after
approval of a site development permit by the VILLAGE. At no time shall the Letter of
Credit funds be utilized by the DISTRICT /OWNER for the future payment of
contractors, materials, salaries and wages and the like. The VILLAGE makes no
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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 DISTRICT /OWNER shall not be entitled to obtain any building permits, nor sign
permits 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.
All public improvements shall be constructed and initiated within two (2) years from
the date of approval of the Plat of Subdivision; however, if the completion date falls after
September 30th, the date shall be the following May 30th. Notwithstanding any other
provisions of this Agreement, no construction of public improvements have been
approved, the agreement for construction of the public improvements as herein provided
has been executed, the minimum security has been provided, the requirements of
Ordinance No. 456, (Subdivision Regulations) as amended, have been met, and until
documentation, including a copy of the Permit if applicable, or evidence is received by
the VILLAGE that DISTRICT /OWNER is not violating a wetland regulation or a
regulation relating to waters of the United States. Further, no earthwork shall be done in
any area tentatively identified as wetlands until an appropriate permit or permission has
been obtained and such permit or permission is shown to the VILLAGE. The Plat of
Subdivision shall contain such restrictive covenants, public utility and easement
provisions as are or were required by the President and Board of Trustees as a condition
to approval of the Plat of Subdivision.
DISTRICT /OWNER, at DISTRICT /OWNER own cost, agrees to provide the
VILLAGE "as built ", engineering plans and specifications upon substantial completion
of the public improvements or at the request of the VILLAGE Engineer but in no event
later than the time required by Ordinance No.456, as amended.
It is agreed that all of the public improvements contemplated herein shall upon acceptance
thereof by the VILLAGE, become the property of VILLAGE and be integrated with the
municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees
to maintain said public improvements. Acceptance of said public improvements shall be by
resolution of the President and Board of Trustees only after the VILLAGE Engineer or
VILLAGE Engineer Consultant has issued certified that the improvements have been
constructed in accordance with approved Engineering Plans and Specifications.
DISTRICT /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.
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VIII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
plans and engineering submitted to the VILLAGE by DISTRICT /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
DISTRICT /OWNER in writing of the specific objection to any such submission so that
DISTRICT /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 or this Agreement
allegedly violated by DISTRICT /OWNER, so the DISTRICT /OWNER may forthwith
proceed to correct such violations as may exist. Moreover, the DISTRICT /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 DISTRICT /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 GUARANTEE
At the time or times of acceptance by VILLAGE of the installation of any part,
component or all of any public improvement in accordance with this Section, or any other
section of the Agreement, DISTRICT /OWNER shall deposit with the VILLAGE a
maintenance bond in the amount of ten percent (10 %) of the cost of the installation of the
public improvement accepted by VILLAGE. This bond shall be deposited with the
VILLAGE and shall be held by the VILLAGE for a period of twenty -four (24) months
after completion and acceptance of all improvements. In the event of a defect in material
and/or workmanship within said period, then said Bond shall not be returned until
correction of said defect and acceptance by VILLAGE of said corrections.
10
XI
DAMAGE TO PUBLIC IMPROVEMENTS
The DISTRICT /OWNER shall replace and repair any damage to public
improvements installed within, under or upon the subject realty resulting from
construction activities by DISTRICT /OWNER, their successors or assigns and their
employees' agents, contractors or subcontractors during the term of this Agreement.
DISTRICT /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 owners 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, if any 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.
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XIII
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in
writing and shall be personally delivered to or mailed by United States Certified mail,
postage prepaid and return receipt requested, as follows:
For the VILLAGE:
1. Village President
418 Main Street
Lemont, IL 60439
2. Village Clerk
418 Main Street
Lemont, IL 60439
3. Village Administrator
418 Main Street
Lemont, IL 60439
For OWNER
Timothy G. Lawler
Sosin Lawler & Arnold, LLC
1800 S. 75th Avenue
Palos Heights, Illinois 60463 -1033
For DISTRICT
Paula Wallin
Ottosen Tevarthen Britz Kelly & Cooper, Ltd.
300 South County Farm Road
Wheaton, Illinois 60187
Carl J. Churulo, Chief Administrator
Lemont Fire Protection District
15900 New Avenue
Lemont, Illinois 60439
Or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
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XIV
CERTIFICATES OF OCCUPANCY
1. Within five (5) days after request by the DISTRICT /OWNER for a final inspection of
a building within the TERRITORY, the VILLAGE shall issue a final certificate of
occupancy for such building or issue a letter of denial of a certificate of occupancy
identifying the correction necessary as a condition of a certificate of occupancy and
specifying the section of the Building Code relied on by the VILLAGE in its request for
correction.
2. The VILLAGE, in accordance with the requirements and customary practice of the
VILLAGE Building Department, will grant provisional permits for structures between
November 1st and June 1st if weather prevents the DISTRICT /OWNER from completing
grading, landscaping and exterior concrete or asphalt work for any such structure (it being
understood that if other work remains to be done, no occupancy permit, provisional or
otherwise, will be issued).
As a condition of the issuance of any such provisional occupancy permit, the
DISTRICT /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 DISTRICT /OWNER, concurrently with
annexation and zoning of the property or so much thereof as required, shall reimburse the
Village for the following expenses incurred in the preparation and review of this
Agreement, and any ordinances, letters of credits, plats, easements or other documents
relating to the Territory:
a. the costs incurred by the Village for engineering or planning services;
b. all attorney's fees incurred by the Village; and
c. miscellaneous Village expenses, such as legal publication
costs, recording fees and copying expenses.
2. From and After Effective Date of Agreement. Except as provided in the
paragraph immediately following this paragraph, upon demand by Village made by and
through its President, DISTRICT /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
13
limited to, preparation and publication, if any, of all notices, resolutions, ordinances and
other documents required hereunder, and the negotiation and preparation of letters of
credit and escrow agreements to be entered into as security for the completion of land
improvements.
Such costs and expenses incurred by the VILLAGE in the administration of the
Agreement shall be evidence to the DISTRICT /OWNER upon its request, by a sworn
statement of the Village; and such costs and expenses may be further confirmed by the
DISTRICT /OWNER at its option from additional documents relevant to determining
such costs and expenses as designated from time to time by the DISTRICT /OWNER.
Notwithstanding the immediately preceding paragraph, DISTRICT /OWNER shall in
no event be required to reimburse VILLAGE or pay for any expenses or costs of
VILLAGE as aforesaid more than once, whether such are reimbursed or paid through
special assessment proceedings, through fees established by VILLAGE ordinances or
otherwise.
In the event that any third party or parties institute any legal proceedings against the
DISTRICT /OWNER and/or the VILLAGE, which relate to the terms of this Agreement,
then, in that event, the DISTRICT /OWNER, upon written notice from VILLAGE, shall
assume,
fully and vigorously, the entire defense of such lawsuit and the expenses of whatever
nature relating thereto; provided, however:
a. DISTRICT /OWNER shall not make any settlement or compromise of the
lawsuit, or fail to pursue any available avenue of appeal of any adverse
judgment, without the approval of the VILLAGE, which approval shall not be
unreasonably withheld.
b. If the VILLAGE, in its sole discretion, determines there is or may probably
be, a conflict of interest between VILLAGE and DISTRICT /OWNER, on an
issue of importance to the VILLAGE having a potentially substantial
adverse affect on the VILLAGE, then the VILLAGE shall have the option
of being represented by its own legal counsel. In the event the VILLAGE
exercises such option, then DISTRICT /OWNER shall reimburse the
VILLAGE from time to time on written demand from the President of
VILLAGE and notice of the amount due for any expenses, including but not
limited to court costs, reasonable attorney's fees and witnesses' fees and
other expenses of litigation, incurred by the VILLAGE in connection
therewith. The obligation of DISTRICT /OWNER to reimburse VILLAGE
under the terms of this subparagraph 2 shall terminate if no such legal
proceedings are brought within one (1) year from the date of the annexation
of the TERRITORY and, further, such obligation of reimbursement shall not
apply if such legal proceedings are based upon alleged errors, omissions or
unlawful conduct of VILLAGE and not the DISTRICT /OWNER.
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In the event the VILLAGE institutes legal proceedings against DISTRICT /OWNER
for violation of this Agreement, and secured a judgment in its favor, the court having
jurisdiction thereof shall determine and include in its judgment all expenses of such legal
proceedings incurred by VILLAGE, including but not limited to the court costs and
reasonable attorneys' fees, witnesses' fees, etc., incurred by the VILLAGE in connection
therewith. DISTRICT /OWNER may, in its sole discretion, appeal any such judgment
rendered in favor of the VILLAGE against DISTRICT /OWNER.
XVI
WARRANTIES AND REPRESENTATIONS
The DISTRICT /OWNER represents and warrants to the VILLAGE as follows:
1. Franciscan Sisters of Chicago is the owner of the subject property..
2. That the DISTRICT and OWNER propose to develop the TERRITORY
in the manner contemplated under this Agreement.
3. That other than the DISTRICT and OWNER, no other entity or person has any
interest in the TERRITORY or its development as herein proposed.
4. That DISTRICT /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.
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XVIII
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE
AGREEMENT
Failure of any party to this Agreement to insist upon the strict and prompt
performance of the terms covenants, agreements, and conditions herein contained, or any
of them, upon any other party imposed, shall not constitute or be construed as a waiver or
relinquishment of any party's right thereafter to enforce any such term, covenant,
agreement or condition, but the same shall continue in full force and effect.
XIX
VILLAGE APPROVAL OR DIRECTION
Where VILLAGE approval or direction is required by this Agreement, such approval
or direction means the approval or direction of the Corporate Authorities of the
VILLAGE unless otherwise expressly provided or required by law, and any such
approval may be required to be given only after and if all requirements for granting such
approval have been met unless such requirements are inconsistent with this Agreement.
XX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and
the plural shall include the singular.
XXI
SECTION HEADINGS AND SUBHEADINGS
All section headings or other headings in this Agreement are for general aid of the
reader and shall not limit the plain meaning or application of any of the provisions
thereunder whether covered or relevant to such heading or not.
XXII
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the
VILLAGE at the expense of the DISTRICT /OWNER within 30 days after the execution
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hereof.
XXIII
AUTHORIZATION TO EXECUTE
The President and Clerk of the VILLAGE hereby warrant that they have been
lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement.
The DISTRICT /OWNER and VILLAGE shall, upon request, deliver to each other at the
respective time such entities cause their authorized agents to affix their signatures hereto
copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction
or other documents required to legally evidence the authority to so execute this
Agreement on behalf of the respective parties.
XXIV
AMENDMENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there
are no promises, agreements, conditions or understandings, either oral or written, express
or implied, between them, other than are herein set forth. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement
shall be binding upon the parties hereto unless authorized in accordance with law and
reduced in writing and signed by them.
XXV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken
together, shall constitute one and the same instrument.
XXVI
CURING DEFAULT
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.
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XXVII
CONFLICT BETWEEN THE TEXT AND EXHIBITS
In the event of a conflict in the provisions of the text of this Agreement and the
Exhibits attached hereto, the text of the Agreement shall control and govern.
XXVIII
SEVERABILITY
If any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such court shall determine that the VILLAGE does not have
the power to perform any such provisions, such provision shall be deemed to be excised
here from and the invalidity thereof shall not affect any of the other provisions contained
herein, and such judgment or decree shall relieve VILLAGE from performance under
such invalidity thereof shall not affect any of the other provisions contained herein, and
such judgment or decree shall relieve VILLAGE from performance under such invalid
provision of this Agreement.
XXIX
DEFINITION OF VILLAGE
When the term VILLAGE is used herein it shall be construed as referring to the
Corporate Authorities of the VILLAGE unless the context clearly indicates otherwise.
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XXX
EXECUTION OF AGREEMENT
This Agreement shall be signed last by the VILLAGE and the President of the
VILLAGE shall affix the date on which he signs this Agreement on page 1 hereof which
date shall be the effective date of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
OWNER
•
•
VILLAGE OF LEMONT
an Illinois Municipal Corporation
Franciscan Sisters of Chicago
By: By:
Officer Villag sident
Lemont Fire Protection District
By:
(Officer)
19
ATT
Village Clerk
ACKNOWLEDGMENTS
STATE OF ILLINOIS)
)SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO
HEREBY CERTIFY that JOHN F. PIAZZA is personally known to me to be the
President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known
to me to be the Village Clerk of said Municipal Corporation, and personally known to me
to be the same persons whose names are subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that as such President and
Village Clerk, they signed and delivered the said instrument and caused the corporate seal
of said municipal corporation to be affixed thereto, pursuant to authority given by the
Board of Trustees of said municipal corporation, as their free and voluntary act, and as
the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal, this i 144 day of
Commission expires on , 20
Notary Publ
STATE OF ILLINOIS)
)SS.
COUNTY OF COOK )
, 2004
OFFICIAL SEAL
ROSEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.13.2008
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
2004
Commission expires on , 20
Notary Public
20