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O-20-98 03/23/984 'pillage of Lemont 418 Main Street Lemont, II. 60439 -3788 9R:711.7.791 6924/0021 81 001 Page 1 cif Y3 1998 -04 -16 10:35:58 Cook County Recorder 79 50 ORDINANCE NO.' AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 2.68 ACRE PARCEL GENERALLY LOCATED ON THE SOUTHWEST CORNER OF 127TH - STREET AND ARCHER AVENUE, IN LEMONT, ILLINOIS (Ketsios Property) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 23rd day of March 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 23 rd day of March .1998. 11 I V f ORDINANCE NO. 98302'791 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 2.68 ACRE PARCEL GENERALLY LOCATED ON THE SOUTHWEST CORNER OF 127TH STREET AND ARCHER AVENUE, IN LEMONT, ILLINOIS (Ketsios Property) 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 Ketsios Property Annexation Agreement" dated the 23rd of March , 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. `38302'791 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this 23rd day of March , 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES, NAYS PASSED ABSENT CHARLENE SMOLL , Village Clerk Approved by me this 23rd ,day of March ,1998. Attes RICHARD . KW ! SN SKI, Village President /A LI di NE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -33- 200 - 008 -0000; 98302'791 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF 127TH STREET AND THE NORTHERLY LINE OF ARCHER ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF ARCHER ROAD TO A POINT ON A LINE WHICH IS 170 FEET EAST OF (MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33 AFORESAID; THENCE NORTH ON A LINE 170 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 33 TO THE SOUTH LINE OF 127TH STREET; THENCE EAST ALONG THE SOUTH LINE OF 127TH STREET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. PIN: 22 -33- 200 -008 PIN: 22 -33- 200 -008 ANNEXATION AGREEMENT 98302'791 THIS AGREEMENT is made and entered into this 6th day of March , 19 9$ 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 the FIRST NATIONAL BANK OF EVERGREEN PARK AS TRUSTEE NUMBER 15005 DATED JULY 25, 1996 (hereinafter referred to as "OWNER ") and STANLEY A. KETSIOS (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, 1 98302791 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: 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 in accordance with the site plan (the "Site Plan ") attached hereto and incorporated herein as Exhibit "C," and certain landscape plans, architectural elevations and conceptual sign plans 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. With regard to Exhibit "C," the parties recognize and acknowledge as follows: A. The Site Plan depicts the easterly portion of the TERRITORY designated as "Future Development Area -- Subject to Future Subdivision and Zoning Approval," which the OWNER and DEVELOPER intend to be developed with a proposed banking facility that includes "drive- through" lanes for banking purposes. The parties agree that such use is appropriate for the TERRITORY pursuant to the regulations of the B -3 Commercial District.. 2 1, • 98302'791 B. Notwithstanding the foregoing, the proposed banking facility with drive - through lanes cannot be established unless and until a Special Use permit therefor has been approved by the VILLAGE, pursuant to full compliance with all procedural and regulatory steps required by state law and VILLAGE ordinances. C. The "Future Development Area" as set forth in the Site Plan has been included therein in lieu of a proposed gas station and mini -mart which was the subject of a petition for a Special Use permit and which petition was recommended for approval by the Planning and Zoning Commission pursuant to duly noticed public hearing. OWNER and DEVELOPER have notified the VILLAGE that their petition for a Special Use permit for a gas- station and mini -mart has been withdrawn prior to the date hereof. D. As of the date of this Agreement, is specifically understood and acknowledged that the VILLAGE has had no opportunity to consider a petition for a Special Use permit for a banking facility in the "Future Development Area." Accordingly, this Agreement shall in no way be interpreted or construed to grant express or implied approval of such Special Use permit or of the proposed banking use, or of any variations which may be necessary to establish such use. E. At such time as the OWNER and DEVELOPER deem appropriate, said parties, or their successors, shall submit to the VILLAGE a petition for a Special Use permit to allow the establishment of a banking facility with drive - through lanes. Said petition may include a site plan for such use, which may contain requests for variations to the standards set forth in the Village's Zoning Ordinance. Upon the submittal of such Petition, the Village agrees to hold such meetings of and hearings before the Planning and Zoning Commission and the VILLAGE Board as may be necessary to properly consider such petition. Until such time (and until such time as a Plat of Subdivision for the TERRITORY establishing separate lots of record for the retail /restaurant use and the banking use has been approved by the VILLAGE), improvement of the TERRITORY (subject to the provisions of sub - Paragraph II.6 below) shall be limited to the level of improvement necessary to properly establish the retail /restaurant uses depicted in Exhibit "C" and approved pursuant to this Agreement. 3. If required by the VILLAGE, OWNER and DEVELOPER shall submit for VILLAGE approval photometric plans for parking lot lighting, which plans shall be in compliance with VILLAGE ordinances and regulations. 4. Construction plans shall provide for the use of face brick and "Dri -vit" -type material on the front and sides of the retail /restaurant structure, and shall incorporate the use of limestone as a component of the decorative facade treatment. The rear of the retail /restaurant structure may be faced with split -face concrete block. Such plans shall include decorative peaks or other design elements along the front parapet of said structure, so as to prevent a monotonous "commercial" appearance above the retail spaces within the structure, in accordance with the Building Elevations set forth in Exhbit D, attached hereto and incorporated herein. The monument signs for the retail /restaurant uses shall be composed of architectural materials similar to those used in the retail /restaurant structure, including limestone as a decorative design element. 3 98302791 5. The VILLAGE acknowledges that the developable area of the TERRITORY will be substantially and adversely affected by the realignment of the intersection of 127th Street and Archer Avenue, as proposed by the Illinois Department of Transportation (discussed more fully in Paragraph D of this Article, below). Absent such realignment, the proposed improvement of the TERRITORY would be in full compliance with all VILLAGE ordinances, codes and regulations. In recognition of the substantial hardship imposed on the TERRITORY and the DEVELOPER by the proposed realignment, and in recognition of the DEVELOPER's efforts to minimize the impact of such improvements on the surrounding area, the VILLAGE hereby grants the following variations /exceptions to the VILLAGE's Zoning Codes and Ordinances: A. To Section VIII.E.6, to allow a reduction in minimum setback from property lines along Archer Avenue and along 127th Street, from 15 feet to 10 feet, where indicated in Exhibit "C." B. To Section X.D.13(h), to allow a reduction in required off-street loading spaces from 2 spaces to 1 space. C. Prior to issuance of building permits for the development of the Territory as contemplated herein, OWNER and DEVELOPER shall submit for review and approval by Village Staff a final sign plan which shall conform with VILLAGE Ordinances, with the following additional restrictions: (1) No commercial flags advertising on- premises businesses or attention - getting devices shall be permitted after the 30 -day period following the grand opening of each business. (2) All temporary signage shall be regulated by VILLAGE Ordinance No. 576, "Temporary Signage." As outlined in said Ordinance, Temporary Signage is defined as "any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a period not to exceed thirty (30) days." (3) With regard to the retail /restaurant structure, no signage shall be permitted on rear (westerly- facing) or secondary (northerly - facing and southerly- facing) sides thereof. (4) Total on- building projecting signage shall be calculated at one (1) square foot of signage area for each one (1) lineal foot of building frontage. Total on- building projecting signage shall not exceed three hundred (300) square feet in area. 4 (5) 98302791 Two (2) multiple -panel free- standing monument signs shall be permitted; one (1) sign shall be located at the central ingress /egress drive on 127th Street; one (1) sign shall be located at the central ingress /egress drive on Archer Avenue. Both monument signs shall be constructed of similar architectural style as the proposed buildings with similar materials. Total multiple -panel free - standing signage shall not exceed a maximum height of ten (10) feet and shall be limited to six (6) display panels for each monument sign. Each sign shall not exceed fifty (50) square feet in area and shall conform to all applicable sign ordinances. (6) At such time as the petition for Special Use permit or other zoning and development approvals for the Future Development Area is submitted, the OWNER and DEVELOPER, or their successors, shall submit a plan for signage applicable to such use, which proposed signage shall conform to VILLAGE ordinances and the applicable signage restrictions set forth in this Agreement. The parties acknowledge that it is the OWNER's intent to subdivide the TERRITORY so as to provide separate lots of record for the retail /restaurant structure and the Future Development Area. Accordingly, the total on- building projecting signage for such structure(s) as may occupy the Future Development Area as a separate lot shall also be calculated at one (1) square foot of signage area for each one (1) lineal foot of building frontage. Total on- building projecting signage for the Future Development Area shall not exceed three hundred (300) square feet in area. D. The parties acknowledge that a portion of the off - street parking designed to serve the retail /restuarant structure will be located in the Future Development Area. At such time as subdivision approval is sought by the OWNER and DEVELOPER, OWNER and DEVELOPER shall submit for review and approval by the Village Attorney cross - easements applicable to such off - street parking. 5. The DEVELOPER shall construct sidewalks per VILLAGE standards along 127th Street and Archer Avenue in the locations as set forth in the Site Plan, and shall install parkway trees of the size and type and in the locations as required by VILLAGE ordinances and regulations; provided, however, in those locations affected by the realignment of the intersection of 127th Street and Archer Avenue (the "Realignment Area," discussed more fully below), the DEVELOPER shall not be required to undertake such installations. Notwithstanding the foregoing, the DEVELOPER shall secure the installation of all sidewalks and parkway trees (including those called for within the Realignment Area) with a letter of credit or other security acceptable to the VILLAGE in accordance with the Letter of Credit provisions set forth in Article VII below. 5 98302'791 The Realignment Area consists of certain portions of the subject premises which shall be directly affected by plans under preparation by the Illinois Department of Transportation for improvements to the intersection of 127th Street and Archer Avenue. The VILLAGE and DEVELOPER acknowledge that sidewalks and parkway trees cannot be constructed or installed in the Realignment Area until such time as the intersection improvements have been complete, or such earlier time as the VILLAGE directs. At such time as the DEVELOPER applies for construction permits for the improvement of the subject premises, the VILLAGE shall make a final determination as to the precise locations within the Realignment Area where the sidewalk construction and parkway tree installation should be withheld, and shall so inform DEVELOPER. It shall thereafter be the VILLAGE's responsibility to direct or undertake such construction and installation when the VILLAGE deems appropriate, using funds so secured or otherwise provided by DEVELOPER. 6. 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. 7. 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 (with the exception of those certain specific prohibited uses set forth in Exhibit "E ", attached hereto and incorporated herein) 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. 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. 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 6 98302'791 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. IV DEDICATION OF ROADWAYS AND ROADWAY IMPROVEMENTS: SIDEWALKS AND MISCELLANEOUS 1. Roadways. The intersection of the TERRITORY'S entrances with Archer Avenue and 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 necessary to provide access to the TERRITORY from the adjacent roadways. The precise locations and areas of said right -of -way dedications shall be determined by the final plans for the realignment of the roadways adjacent to the TERRITORY. 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. 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; however, for the portions of the sidewalks and parkway trees to be located in the Realignment Area, such improvements shall not be installed until so directed by the VILLAGE. 7 98302'91 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. 8 98302'791 The construction and installation of the public improvements to be done by OWNER (with the exception of those portions of the sidewalks and street trees to be located in the Realignment Area) 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. 9 98302791 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. 10 98302'791 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 11 2. Village Clerk 418 Main Street Lemont, Illinois 60439 3. Village Administrator 418 Main Street Lemont, Illinois 60439 For the OWNER: First National Bank of Evergreen Park as Trustee u/t/a dated 7/25/96; # 15005 3101 West 95th Street Evergreen Park, Illinois 60642 For the DEVELOPER: Stanley A. Ketsios 3 Sorrel Lane Lemont, Illinois 60439 with a copy to: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60521 98302'791 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 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 copying expenses. 12 98302'791 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 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 OWNER and/or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the OWNER, 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. 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. B. If the VILLAGE, in its sole discretion, determines there is, or may probably be, a conflict of interest between VILLAGE and OWNER, 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 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 attorneys' fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of OWNER 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 OWNER. 13 N p k. 98302791 In the event the VILLAGE institutes legal proceedings against OWNER 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. OWNER may, in its sole discretion, appeal any such judgement rendered in favor of the VILLAGE against OWNER. XV WARRANTIES AND REPRESENTATION The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 1 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 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. 14 98302791 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. 15 sT 96302'791 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. 16 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. 98302t791 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. 17 98302'79. 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. XXX TRUSTEE EXCULPATION This Agreement is executed by First National Bank of Evergreen Park, not personally, but solely as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, agreements and covenants to be performed by the Trustee are undertaken by it solely as Trustee as aforesaid, and not individually, and no personal liability shall be imposed or enforced against First National Bank of Evergreen Park by reason of any of the terms, provisions, or statements contained in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. LAGE OF LEMONT linois Municipal Corporation Village Clerk 18 mgr._ l'i'esident .t. r PIN: 22 -33 -20 -008 Prepared By: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60525 630 - 789 -6994 630- 789 -6985 (fax) 98302791 OWNER FIRST NATIONAL BANK OF EVERGREEN PARK, not personally but as Trustee aforesaid By: Its: Attest: Its: Vice President & Trust Office ge,474/. 147 Assistant Trust Officer After Recording Mail To: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 630 - 257 -1550 19 SCHEDULE OF EXHIBITS Exhibit A: Legal Description Exhibit B: Plat of Annexation Exhibit C: Site Plan Exhibit D: Building Elevations Exhibit E: Prohibited Uses 98302791 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTH 'A OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF 127TH STREET AND THE NORTHERLY LINE OF ARCHER ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF ARCHER ROAD TO A POINT ON A LINE WHICH IS 170 FEET EAST OF (MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33 AFORESAID; THENCE NORTH ON A LINE 170 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 33 TO THE SOUTH LINE OF 127TH STREET; THENCE EAST ALONG THE SOUTH LINE OF 127TH STREET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. PIN: 22 -33- 200 -008 21 EXHIBIT E PROHIBITED USES B -1 USES Clubs or lodges (Private, fraternal, or religious when located above the ground floor) Package Liquor Stores* 08302791 *Provided, however, a restaurant use within the proposed commercial structure shall be permitted to apply to the Liquor Control Commissioner for a liquor license for serving alcoholic beverages, pursuant to the applicable ordinances and regulations. Said application, and any license issued pursuant thereto, is subject to the review and approval of the Village Liquor Control Commission and the Village Board of Trustees, as the case may be. B -3 USES Amusement establishments (bowling alleys, gymnasiums, swiming pools, ice skating rinks, and other recreation uses) Auction rooms Automobile sales establishments Bakeries (selling bakery products to restaurants, clubs, hotels, institutions, and similar establishments) Boat sales and service establishments Currency exchanges Garages, storage or off - street parking lots or structures (commercial or municipal) Meeting halls, convention, or exhibition halls Mobile homes and trailer sales establishments Model homes or garage display and sales Motels and hotels Motor vehicle sales establishments Parks, athletic fields and stadiums Theaters, includingoutdor theaters Taverns 27 98302791 ADDENDUM TO EXHIBIT D e material on the front and Construction plans shall provide for the use of face brick and "Dri- vit " -typ front and of sides of the retail /restaurant structure, and shall incorporate the use of limestone faced component n of the decorative facade treatment. The rear include decorative peakstor structure design elements along the face concrete block. Such plans shall me appearance above front parapet of said structure, so as to prevent a monotonous "commercial" app p spaces within the structure. The monument signs for the retail/ restaurant st structure u e,sinh ull ding be composed composed of architectural materials similar to those used in the retail/restaurant limestone as a decorative design element. 384.98' (FUTURE) 422.98' (PRESENT) anunIsind A 0 i 7 bC) 2OC G IA LANDSCAPE PLAN SCALE: l'1301 -0' LANDSCAPING LEGEND CANOPY TREES 514RUBS 'ELAOC HAPLE•. GREEN GALW• ACM NIGRII BALD CMPRE6' TANODBM DBRCNDI INTERIOR TREES C) ANTO NY BAERER EAFEA 0 ERGO PINED 0 DBNIF RED SEAMIER GRAMME, •SPRNG ENC6P G RECUR COIN • RTLE \ „�' MP REWIRE \KRiA MICR PROPOSED DEVELOPMENT SW CORNER OF Inth ST i ARCHER AVE. LEMONT, IL. ecALE: PU61' -dr ARMORED Dr: DRAWN Dr: DATE SAVER NICK SCARLATIS 4 ASSOCIATES LTD. 6MCMt «u MO VAN w04 A.a.r W. EwgRA Ewer ME EE VEER tl! -w6 LANDSCAPE PLAN 'DRAWERS MTIDRR II A -2 EXTERIOR POLATCN RON SYSTEM • CO.. f TYIU al&E!CO.. BASE (T11..) METAL COPNG (M.) EctERSCR NSJLATILN FLARE SYSTEM (717*) WIRER NELLATICN FRO SYSTEM (TYP) EXTERIOR beu_Ancw FM& SYSTEM (TYR) •• FACE RECK (TTPJ EAST ELEVATION emr, SOLDER OMER POIEC, N Rua CONCRETE FACE BRICK (TYP) FOINDATEN IFCOIIO (ITS) r IRLATED GLASS N ARCO. ALMS, FRAM (ITS) ILEST ELEVATION er.oLli NV • 1.4r •e.A1.8 IV • 141. was Ve • to Zf� 2OC36 PROPOSED DEVELOPMENT eCUTSIURIST CORNER OP 121/.1 ARCMER AvINLE LEMONT, IL eCALI: VW:* COATE 2/26/11B APPROsel0 EY, DRALLN Dr, NICK SCARLATIS 4 ASSOCIATES LTD. aroNtoot• OS .... p.m., p.10, 111.4 6043 000,11111•WIO ELEVATIONS loguiuma Ntriuse 00 3