Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
O-28-98 04/27/98
Village of Lemont 418 Main Street Lemont, 11, 60439 -3788 6554/0025 53 001 Page 1 of 21 1999 -07 -23 09:53:32 Cook County Recorder 61.50 ORDINANCE NO.0 " AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.8 ACRE PARCEL GENERALLY LOCATED AT 15663 - 127TH STREET IN LEMONT, ILLINOIS (Taco Bell/KFC) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 27th day of April 1998 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 27th day of April , 1998. 99705331 ORDINANCE NO. ©Zt5 ? AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.8 ACRE PARCEL GENERALLY LOCATED AT 15663 - 127TH STREET IN LEMONT, ILLINOIS (Taco Be1UKFC) 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 " The Shamrock Co. Inc. Annexation Agreement" dated the Z 7« of /tr. C.- 1998, a copy of which is attached hereto and made a part hereof. 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. 99 05331 PASSED AND APPROVED BY ME PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this 27th day of April 1998. AYES NAYS PASSED ABSENT Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me is 27th da Att ice. r ehidit RLENE SMOLL , Village Clerk of April 1998. CHARLENE SMOLLE Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -29- 309 -010; 009; Village Clerk SN SKI Village age President 99705331 PINs: 22 -29- 309 -009 and 22 -29- 309 -010 ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 914day of APRIL, 1998, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, Will and DuPage in the State of Illinois (hereinafter referred to as "VILLAGE ") and MARK E. AFFELT and CHERYL M. CARLSON (hereinafter referred to collectively as "OWNER ") and SHAMROCK CO, INC., an Illinois corporation (hereinafter referred to as "DEVELOPER "). 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 matter; 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. 1 99 05331 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 upon execution of this Agreement. 2. The Plat 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 B -3 Commercial District with a Special Use Permit to allow the establishment of a drive - through restaurant on the easterly 124.07 feet of the TERRITORY, in accordance with the site plan (the "Site Plan ") attached hereto and incorporated herein as Exhibit "C," landscape plans attached hereto and incorporated herein as Exhibit "D," architectural elevations attached hereto and incorporated herein as Exhibit "E "and sign plans (discussed below) which have been submitted by the OWNER and DEVELOPER for review and approval by VILLAGE staff prior to the execution of this Agreement. Said zoning classification has been the subject of a public hearing by the Planning and Zoning Commission and approval of the VILLAGE Board. 2. The VILLAGE hereby grants a variation to the VILLAGE's Sign Ordinance, to allow a 20% increase in maximum sign face area, to cover a monument sign and building signage and directional signage, per petitioner's submittal attached hereto as Exhibit "F." 3. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable final Site Plan, final engineering plans and specifications, final landscape plan, final sign plan and other required plans and specifications have been submitted to and approved by the VILLAGE, in accordance with the VILLAGE Ordinances and Regulations and this Agreement. 2 99705331 4. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the B -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 B -3 District. 5. OWNER shall cease drive - through window business operations on a daily basis according to the following schedule: Sundays: Mondays: Tuesdays: Wednesday: Thursdays: Fridays: Saturdays: 1:00 am Monday morning 1:00 am Tuesday morning 1:00 am Wednesday morning 1:00 am Thursday morning 1:00 am Friday morning 3:00 am Saturday morning 3:00 am Sunday morning Notwithstanding the foregoing, Owner shall have the discretion to cease daily business operations at any time prior to the hours set forth above. Daily cessation of dining room operations shall be within OWNER's discretion; provided, however dining room operations shall not extend beyond the closing times for the drive - through window as set forth above. OWNER shall comply with Village Ordinance provisions calling for extinguishing exterior lighting not later than 30 minutes after business hours. III REQUIRED IMPROVEMENTS 1. Water Supply. The VILLAGE agrees to permit connection of the TERRITORY 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. The DEVELOPER shall extend the water service line to the western boundary of the TERRITORY and install a fire hydrant at the terminus of said water service line. 3 99705331 2. Sanitary and Storm Sewers. 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. The DEVELOPER shall extend the sanitary sewer line to the western boundary of the TERRITORY. IV DEDICATION OF ROADWAYS AND ROADWAY IMPROVEMENTS; SIDEWALKS AND MISCELLANEOUS 1. Roadways. The intersection of the TERRITORY'S entrances with 127th Street shall be improved in accordance with the recommendation of the governmental bodies having jurisdiction over said roadways. OWNER shall dedicate such areas of right -of -way as may be required by any governmental body having jurisdiction over said roadways. Also, OWNER and DEVELOPER shall be required to keep all public 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 the VILLAGE or the governmental authority having jurisdiction over such streets, in its sole judgement. For each day that VILLAGE streets are not cleaned as required hereunder during construction, OWNER shall be subject to a fine as provided in the VILLAGE Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. Except as set forth herein, no other roadway improvements in connection with the development of the TERRITORY pursuant to the Site Plan shall be required by the VILLAGE of OWNER or DEVELOPER. 2. Sidewalks and Parkway Trees. OWNER shall be required to construct sidewalks and install parkway trees in accordance with the term of this Agreement, the Regulations of the VILLAGE and final engineering plans approved by the VILLAGE not later than thirty (30) days after the final inspection. 3. Miscellaneous. The cost of any sidewalks and parkway trees to be installed on public right of way shall be included in the required letter of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. The OWNER's obligation to install the parkway trees shall not be assigned or transferred by the OWNER to a subsequent title - holder. 4 99705331 v EASEMENTS AND UTILITIES The OWNER agrees at the time of approval of the Annexation Agreement to grant to the VILLAGE, and/or obtain grants to the VILLAGE of all necessary easements for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements, which may serve not only the TERRITORY, but other territories in the general area. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER's option, upon approval of the respective utility company. VI CONTRIBUTIONS AND ANNEXATION FEE The parties hereto agree and acknowledge that annexation fees, impact fees or other contributions assessed or levied by the VILLAGE against the TERRITORY or against the OWNER or the DEVELOPER shall be at the same rate and amounts as those assessed or levied against other territories annexed to the VILLAGE or against other owners or developers who construct projects in the VILLAGE, and 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. 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 of the TERRITORY 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. 5 99705331 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 sidewalks, landscaping and street trees. 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 improvements are completed, upon approval of the VILLAGE Board. The OWNER shall not be entitled to obtain building permits, nor any sign permits, and shall not be entitled to construct any buildings 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 Regulations of the VILLAGE. The letter of credit or cash deposit shall specifically include and amount to cover the cost of parkway trees and sidewalks as required by the VILLAGE Regulations and this Agreement. OWNER, at OWNER's own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer but in no event later than the time required by Ordinance No. 456, as amended. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued 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 Approval 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 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. The VILLAGE will not draw upon the Letter of Credit if OWNER removes the debris as directed by the VILLAGE within ten (10) day of notice period. 6 9970!531 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 the 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. 7 9970 331 XI DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. 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 NOTICES Unless otherwise notified in writing, all notices, request and demands shall be in writing and shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: 1. Village President 418 Main Street Lemont, Illinois 60439 2. Village Clerk 418 Main Street Lemont, Illinois 60439 8 99705331 3. Village Administrator 418 Main Street Lemont, Illinois 60439 For the OWNER: Mark E. Affelt and Cheryl M. Carlson c/o Sheldon L. Lebold, Esq. Sheldon L. Lebold and Associates 9533 West 143rd Street Orland Park, Illinois 60462 For the DEVELOPER: Stephen C. McGue 15 Spinning Wheel Road, Suite 110 Hinsdale, Illinois 60521 with a copy to: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60521 and to such other person or place which any party hereto, by its prior written notice, shall designate for notice to it from the other parties hereto. XIV REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The DEVELOPER, 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 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, DEVELOPER from time to time shall promptly reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the Agreement, 9 99705331 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 DEVELOPER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the DEVELOPER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the DEVELOPER. Notwithstanding the immediately preceding paragraph, DEVELOPER shall in no event be required to reimburse VILLAGE or pay for any expense 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 proceeding against the DEVELOPER and/or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the DEVELOPER, on notice from VILLAGE shall assume, fully and vigorously, the entire defense of such lawsuit and all expenses of whatever nature relating thereto; provided, however; A. DEVELOPER 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. B. If the VILLAGE, in its sole discretion, determines there is, or may probably be, a conflict of interest between VILLAGE and DEVELOPER, on an issue of importance to the VILLAGE having a potentially substantial adverse effect 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 DEVELOPER 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 attorneys' fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of DEVELOPER to reimburse VILLAGE under the terms of this subparagraph 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 DEVELOPER. 10 In the event the VILLAGE institutes legal proceedings against DEVELOPER for violations 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. DEVELOPER may, in its sole discretion, appeal any such judgement rendered in favor of the VILLAGE against DEVELOPER. XV WARRANTIES AND REPRESENTATION The OWNER represents and warrants to the VILLAGE as follows: 1. That the persons identified on page 1 hereof are the legal title holders and the OWNERS of record of the TERRITORY. 2. That the DEVELOPER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER and DEVELOPER, 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. XVI 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. 11 99705331 xvII NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT Failure of any party to this Agreement to insist upon the strict an 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. XVIII VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or directions 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. XIX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XX SECTION HEADINGS AND SUBHEADINGS The 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. 12 i05 3 -s i- C-r-r 1 XXI RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER. XXII 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 executed this Agreement on behalf of the respective parties. XXIII 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. XXIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. 13 99705331 xxv 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. XXVI 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. XXVII SEVERABILITY If any provisions 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 exercised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE 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. XXVIII 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. XXIX 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 1 hereof which date shall be the effective date of this Agreement. 14 99705331 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: Pillage Clerk VILLAG 1 ° , ONT an Illino': icip.1 Corporation By: illage President OWNER: Mark E. Affelt Cheryl .Carlson Cheryl M. Carlson 15 PINs: 22 -29- 309 -009 and 22 -29- 309 -010 Prepared By: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60525 630- 789 -6994 630- 789 -6985 (fax) 99705331 DEVELOPER Shamrock Co., Inc., an Illinois corporation By: i Stephen / %. McGue, President dr Attest: Its:4 -sc F. /Ler42 7 After Recording Mail To: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 630 - 257 -1550 16 9970537;1 SCHEDULE OF EXHIBITS Exhibit A: Legal Description Exhibit B: Plat of Annexation Exhibit C: Site Plan Exhibit D: Landscape Plan Exhibit E: Architectural Elevations Exhibit F: Sign Plans 17 99705 31 EXHIBIT A LEGAL DESCRIPTION LOTS 4 AND 5 IN LEMONT HIGHLANDS SUBDIVISION, A SUBDIVISION OF THE SOUTH 372.5 FEET OF THE EAST ONE -HALF OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SUBDIVISION RECORDED MARCH 16, 1949 AS DOCUMENT NUMBER 14513694, IN COOK COUNTY, ILLINOIS PINs: 22 -29- 309 -009 22-29-309-010 18