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O-69-97 12/08/97Village of Lemont 418 Main Street Lemont, IL 60439 -3788 ORDINANCE NO. - 7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT FOR CENTURY CARE MANAGEMENT, INC. (Health Care Center of Lemont) ADOPTED BY THE . PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8th day of December, 1997. 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 8th day of December , 1997. ORDINANCE NO49— 7- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT FOR CENTURY CARE MANAGEMENT, INC. (Health Care Center of Lemont) WHEREAS, an amended Annexation Agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the developers and the legal owners of record of the territory which is the subject of said agreement are ready, willing and able to enter into said amended agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said amended Annexation 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 COOKS 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 "FIRST AMENDMENT TO THE CENTURY CARE MANAGEMENT, INC. ANNEXATION AGREEMENT" and dated the 8th day of December, 1997, (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. PASSED AND APPROVED BY '1'HI; PRESIDENT AND BOARD OF TRUSTEES OF 1'HE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this 8th day of December, 1997. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this 8th day of Attest: AYES NAYS PASSED ABSENT 1 1 1 HARLENE SMOLLEN, Village Clerk 44. dikall '�►ii A. WAS SKI, Village President HARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 PIN #' : 22-27-100-013-0000 22 -27- 300 -001 -0000 AMENDMENT TO ANNEXATION AGREEMENT THIS AMENDMENT TO ANNEXATION AGREEMENT (hereinafter "Amendment "), made and entered into this day, 1997, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and CENTURY CARE MANAGEMENT, INC., a Delaware corporation, authorized to do business in Illinois (hereinafter "OWNER "). WITNESSETH WHEREAS, the OWNER is owner of record of an approximate ten (10) acre parcel of real estate within the VILLAGE and located at the southeast corner of McCarthy and Walker Roads, and the legal description is attached this Amendment as EXHIBIT 1 and made a part hereof by reference; and WHEREAS, on February 14, 1994, the VILLAGE and OWNER entered into an Annexation Agreement (hereinafter "Agreement ") relating to said parcel; and WHEREAS, subsequent to said Agreement, the OWNER has proposed an eight (8) lot single family subdivision for the southern half ( %2) of the parcel and has also proposed an addition to the parking lot for the Health Care Center of Lemont; and WHEREAS, the said subdivision plat and parking lot addition plan are pending and are scheduled for approval; and WHEREAS, the parties are desirous of memorializing the changes in this Amendment to the Agreement; and WHEREAS, OWNER has to date complied with all terms and conditions of the Agreement regarding the construction and operation of the Health Care Center of Lemont, including but not limited to payment of all applicable fees; and WHEREAS, this Amendment has been approved pursuant to the hearing as required by Illinois Compiled Statutes, Chapter 65, 5/11 -15.1 et seq. NOW, THEREFORE, in consideration of the forgoing and of the mutual covenants hereinafter contained, the parties agree as follows: 1. The Preamble is incorporated herein and made a part hereof. 2.. Article I, ANNEXATION. The terms of Article I of the Agreement have been satisfied. 3. Article II, ZONING AND LAND USE RESTRICTIONS. A. The terms of Article II and paragraphs 1, 2 and 3 of the Agreement have been satisfied with respect to the nursing facility. B. The development of the nursing facility parking lot addition and single family subdivision shall be in substantial conformance with the site plan entitled "Healthcare Center of Lemont," dated April 15, 1997, prepared by the Multicare Design Group and attached hereto as Exhibit 2. The landscaping for the parking lot addition shall be in substantial conformance with the plan entitled "Planting Design for Additional Parking, Health Care Center of Lemont" prepared by Forever Green Landscaping, Inc., dated May 15, 1997, and revised to August 1, 1997, a copy of which is attached hereto as Exhibit 3. 4. Article III, WATER. A. The terms of Article III of the Agreement have been satisfied with respect 2 to the nursing facility. B. On site water lines for the single family subdivision shall be constructed in accordance with the plans and specifications prepared by Tech 3 Consulting Group, Inc., (Tech 3) and previously approved by the VILLAGE. 5. Article IV, SANITARY SEWERS. A. The terms of Article IV of the Agreement have been satisfied with respect to the nursing facility. B. With respect to the single family subdivision, on site sanitary sewer lines shall be constructed in accordance with the plans and specifications prepared by Tech 3 and as previously approved by the VILLAGE. Off site sewer lines to serve the proposed on site sewer lines currently exist and are available for connection by the on site lines to be constructed. 6. Article V, STORM WATER DETENTION. A. The terms of Article V of the Agreement have been satisfied with respect to the nursing facility. B. With respect to the parking lot addition and single family subdivision, the following apply: i. OWNER'S storm water management plans conform to the detention policy of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago (MWRD). Further, OWNER agrees to install reasonable necessary surface drainage courses and retention and detention areas as set forth on the engineering plans. 3 ii. All retention and detention basins and outlet control structures shall be constructed prior to the installation of onsite roadway and storm sewer system to prevent property damage during interim improvement construction. OWNER shall take precautionary measures to prevent storm water run -off from causing erosion and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways. iii. The plans and specifications of the construction of the storm water retention and detention facilities meet the current needs of the TERRITORY as established by the MWRD and the VILLAGE. 7. Article VI, ROADWAYS. A. The terms of Article VI of the Agreement have been satisfied with respect to the nursing facility. B. i. Bailey's Crossing Drive. Bailey's Crossing Drive shall be dedicated to the VILLAGE, and OWNER shall construct it as shown on the plans prepared by Tech 3 Consulting Group. ii. Walker Road segment between Bailey's Crossing Drive and existing pavement: If prior to January 11, 1998, the VILLAGE obtains the necessary dedication for the west half (%2) Walker Road segment, the OWNER shall construct the segment of Walker Road connecting the existing Walker Road pavement to Baileys' Crossing Drive, and the road will be from back of curb to back of curb. However, no further improvements will be required on the west side of the Walker segment; or 4 iii. If the VILLAGE is unable to obtain the dedication for the Walker Road segment before January 11, 1998, OWNER shall pay the VILLAGE one half (1/2) of the estimated construction cost for the Walker Road segment, and a temporary driveway for emergency access shall be constructed as shown on the said engineering plans. Said payment shall be due at the time of final plat approval with the posting of security and the payment of the applicable fees. 8. Article VII, FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS. A. The terms of Article VII of the Agreement have been satisfied with respect to the nursing facility. B. OWNER shall pay the applicable fees and request the applicable permits with respect to the parking lot addition and single family subdivision which fees are in effect on the date of this Amendment. 9. Article VIII, CONTRIBUTIONS. A. The terms of Article VIII of the Agreement have been satisfied with respect to the nursing facility. B. OWNER shall make contribution for park, school and library purposes for the eight single family lots in the amount of EIGHTEEN THOUSAND FOUR HUNDRED SIXTEEN AND NO /100THS DOLLARS ($18,416.00) at the time of final plat approval. 10. Article IX, APPROVAL OF APPLICATION. A. The terms of Article IX of the Agreement have been satisfied with respect to the nursing facility. 5 B. With respect to the parking lot addition and subdivision, VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. If VILLAGE shall reasonably determine that any such submission is not in substantial accordance with this Amendment 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 and make the resubmittal. The VILLAGE shall act promptly upon the resubmittal. With respect to the nursing and rehabilitation center, the word "promptly" will mean ten (10) working or business days. • 11. Article X, LETTERS OF CREDIT. A. The terms of Article X of the Agreement have been satisfied with respect to the nursing facility. B. i. The OWNER shall furnish a letter of credit to guarantee the construction of the public improvements. The irrevocable letter of credit in the required amount issued by the reputable banking or financial institution authorized to do business in the State of Illinois or state wherein OWNER maintains its principal banking relationship, and shall be subject to the approval of the VILLAGE Board. ii. At the time of final plat approval, or prior to any construction on the parking lot addition or single family subdivision, the OWNER shall deposit the security as herein provided, in an amount equal to one hundred twenty -five percent (125 %) of the estimated cost for public improvements as determined by the VILLAGE Engineer. Upon completion of the construction of improvements, or any part thereof, the OWNER shall request the VILLAGE Engineer to inspect the same. Within twenty -one 6 (21) days after such request, the VILLAGE Engineer and/or Public Works Director shall, in writing, advise the OWNER of the condition of the improvements, what correction, if any, are necessary, and whether same shall be accepted by the VILLAGE. Upon completion of the improvements or any part thereof, in accordance with the plans and specifications thereof, the VILLAGE shall accept the same upon deposits of a corporate surety for the one (1) year maintenance period as required in XIII below. iii. The dedication of the improvements to the VILLAGE shall be deemed accepted upon formal action of acceptance by the corporate authorities of the VILLAGE, and the delivery by the OWNER of a properly executed Bill of Sale for all improvements contained within the dedication. iv. Upon acceptance of dedication of the VILLAGE, the OWNER may reduce the security by an amount equal to the value of the improvements so accepted. 12. Article XI, NOTICE OF VIOLATIONS. 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. 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. 7 13. Article XII, MAINTENANCE BOND. A. The requirements of this Article have been met with respect to the nursing facility. B. With respect to the parking lot addition and the single family subdivision, the following shall apply regarding the maintenance bond: At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this section, or any other sections of this Amendment, 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 improvements accepted by VILLAGE. This bond shall be deposited with the VILLAGE and 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. 14. Article XIII, DAMAGE TO PUBLIC IMPROVEMENTS. A. The requirements of this Article have been met with respect to the nursing facility. B. With respect to the parking lot addition and single family subdivision, the following shall apply as set forth in the Agreement: 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 Amendment. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. 8 15. Article XIV, TERMS OF THIS AGREEMENT. This Amendment shall be binding upon all the parties hereto, their respective successors and assigns for a period of not more than twenty (20) years from February 14, 1994. All of the terms and conditions provided herein shall run with the land. 16. Article XV, PASSAGE OF ORDINANCES AND RESOLUTIONS. The requirements of this Article have been met with respect to the nursing facility. All ordinances and resolutions necessary for the approval of the parking lot addition and eight lot single family subdivision, including but not limited to the resolution approval of the final plat of subdivision, shall be promptly passed by the corporate authorities not later than the conclusion of the public hearing on this Amendment. 17. Article XVI, ENFORCEMENT OF THIS AGREEMENT. Any party to this Amendment and any successor to a party may, by civil action, mandamus, injunction or other proceeding, enforce and compel performance of this agreement and any term thereof. In the event the VILLAGE, OWNER or TITLE HOLDER shall institute legal action because of a breach of any term or obligation contained in this Annexation Agreement against any party to this Agreement to enforce the terms hereof, and a breach is established by a final judgement, the VILLAGE, OWNER or TITLE HOLDER, as the case may be, shall be entitled to recover from the breaching party all damages, costs and expenses, including reasonable attorneys' fees incurred in said action(s). 18. Article XVII, INVALIDITY. Should any provision or provisions hereof be declared invalid for any reason whatsoever, said declaration of invalidity shall affect only the 9 provision or provisions so declared invalid. 19. Article XVIII, NOTICE. All notices herein required shall be in writing and shall be deemed effective when delivered and shall be deemed delivered when actually received or delivered via fax transmission with hard copy to follow via Federal Express for next day delivery addressed to the parties hereto at the respective addresses set out opposite their names below, or at such other address as they have heretofore specified by written notice delivered in accordance herewith: If to the Village: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 Fax: (630) 257 -1598 If to Owner: and and John P. Antonopoulos, Village Attorney Antonopoulos, Virtel & Groselak, P.C. 221 East 127th Street Lemont, IL 60439 Fax: (630) 257 -8619 Century Care Management Company, Inc. Mr. Brad Burkett, Esquire 411 Hackensack Avenue Hackensack, NJ 07601 Fax: (201)525 -5953 The Multicare Companies, Inc. Mr. Brad Burkett, General Counsel 411 Hackensack Avenue Hackensack, NJ 07601 Fax: (201)525 -5953 10 Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. Attn: Robert D. Goldstine or Jim L. Stortzum 7660 West 62nd Place Summit, I160501 Fax: (708)458 -0271 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CENTURY CARE MANAGEMENT COMPANY, INC., a Delaware corporation, Authorized to do business in Illinois By: President Attest: Secretary Prepared by and Return to: Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 I0,12,91A:.MLLTDLAAA(adli) 11 E 0 EMONT AND THE EREOF Attest: Village Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County and State, DO HEREBY CERTIFY that and Village President and Village Clerk respectively of the Village of Lemont, Illinois, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Village President and Village Clerk, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Village, for the uses and purposes therein set forth; and the said Village Clerk did also then and there acknowledge that she as custodian of the seal of said Village did affix said seal of said Village to said instrument as her own free and voluntary act, and as the free and voluntary act of said Village, for the uses and purposes therein set forth. GIVEN under my hand and official seal this Notary Public My Commission Expires: Notary Public 12 day of 199_. STATE OF ) ) SS COUNTY OF ) I, the undersigned, a Notary Public in and for said County and State Do HEREBY CERTIFY that , personally known to me to be the of Century Care Management, Inc., a Delaware corporation, authorized to do business in Illinois, whose name is subscribed to the foregoing Amendment to Annexation Agreement, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Agreement as the free and voluntary act of said corporation, pursuant to the authority given by the Board of Directors of said corporation or all of the partners of said corporation, and as his/her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of ,1997. Notary Public My Commission Expires: 13 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE WEST 196 FEET OF THE SOUTH 78.20 FEET (EXCEPT THAT PART NORTH OF THE SOUTHERLY L T NE OF McCARTHY ROAD) OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOT 22 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES NORTHERLY OF A LINE DRAWN FROM A POINT IN THE WEST LINE OF SAID LOT WHICH IS 633.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT, TO A POINT ON THE EASTERLY LINE OF SAID LOT WHICH IS 559 -53 FEET SOUTHERLY (AS MEASURED ALONG SAID EASTERLY LOT LINE) FROM THE NORTHEAST CORNER OF SAID LOT, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 22 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES NORTHERLY OF A LINE DRAWN FROM A POINT IN THE WEST LINE OF SAID LOT WHICH IS 997.5 FEET SOUTH OF THE NORTH WEST CORNER OF SAID LOT TO A POINT ON THE EASTERLY LOT LINE OF SAID LOT WHICH IS 917 FEET SOUTHERLY (AS MEASURED ALONG SAID EASTERLY LOT LINE) FROM THE NORTHEAST CORNER OF SAID LOT; AND LYING SOUTHERLY OF A LINE DRAWN FROM A POINT IN THE WEST LINE OF SAID LOT WHICH IS 635.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT TO A POINT ON THE EASTERLY LINE OF SAID LOT WHICH IS 559.55 FEET SOUTHERLY (AS MEASURED ALONG SAID EASTERLY LOT LINE) FROM THE NORTHEAST CORNER OF SAID LOT IN COOK COUNTY, ILLINOIS. PIN #: 22 -27- 100 - 013 -0000 22 -27- 300 - 001 -0000 14 i r." i i i u. / N / 1 d1v _ -t - -7 / S1 't' / �� / / I .7- ` % % \ oA \ _ 7 \ \ r0 , \ 1 %� - -- \-'`\ 6. \ \ 9141 ,‘ 1 p 61 _ �, O,4 _,\ mac`, �C o ON \ J lu \ v' \ ' - ~� 1 \ r \,,- ` ■ 1 ii W I i 079 1 1 \ m u; 1 o m \ ��n 1 x00\ \ - 1 o\ >VO\ .11 \e0 1 00(R. \ t , , WALKER ROAD PARKING SPACES LOT SIZES PRESENT 51 SPACES LOT 11 219,906 S.F. ADDED 36 SPACES LOT I 14,311 S.F. OTHER AREA 29 SPACES LOT 2 12,638 SF. TOTAL PARKING 116 SPACES TOTAL LOT 236,915 S.F. OM.HIC SCALE 1•All r•■ w 0000,331333 M Oat HAM MONO Or RN 3 30101313O0 PM WOO KirMrOOMO THE MULT(CARE DESIGN GROUPI A OIAIOM Or 1M[ I M.TCIJM COMIAMMp I w'MMMIA[1 Ml TrtfraR7rrT103'- 1011 313 ern NE4LTl- CARE CENTER CF LEMCNT lenwr 11. SITF PI. �1n1 .bAtl MO NC1Y Oi fro RI .4, r• •