O-988-96 06/10/96900
w6hori
VILLAGE OF LEMONT
ORDINANCE NO.
DEPT-01 RECORDING $19.1.!
,. Ositrrr •-01•1 •tl; afar .s:...t Yd
41365 a L 'is"'. 96-6 4,35-4211:
:ARK �:Lf.jfit i t, R ;:ORDER
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 76 ACRE PARCEL
GENERALLY LOCATED WEST OF THE I -355 ALIGNMENT
BETWEEN 127TH STREET AND BIG RUN ACRES, IN LEMONT, ILLINOIS
(Rolling Meadows)
PRESIDENT AAND T THE
BOARD OF TRUSTEES
OF THE - VILLAGE OF LEMONT
This day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
of
Counties, �linois, this day
1996.
1996.
ORDINANCE NO.
96FOR
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 76 ACRE PARCEL
GENERALLY LOCATED WEST OF THE I -355 ALIGNMENT
BETWEEN 127TH STREET AND BIG RUN ACRES, IN LEMONT, ILLINOIS
(Rolling Meadows)
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
directed, and the Village
kn,pwn as "ROBING MEADOWS
C day of
and made a rt hereof).
President be and is hereby authorized and
Clerk is directed to attest to a document
OF LEMONT ANNEXATION AGREEMENT" dated the
1996, (a copy of which is attached hereto
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 THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUN ES OF COOK, DuPAGE, AND WILL,
ILLINOIS, on this /Z )day of ,G4 _ , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this
Attest:
AYES NAYS PASSED
ABSENT
r
CHARLENE SMOLLEN, Village Clerk
day
,1996.
'CHA . W:sR" �u
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemon
418 Main Street
Lemont, IL 60439
22 -31- 101 -006;
22 -31- 101 -001;
WMN
I, Village President
day of
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this
1996, by and between the VILLAGE OF LEMONT, a
o
Municipal corporation of the Counties of Cook, DuPage and Will, in
the State of Illinois (hereinafter referred to as "VILLAGE "), and
JURINEK & RISKUS, INC.,
an Illinois corporation, which is the
beneficial owner of STANDARD
15097 and STANDARD BANK AND
(hereinafter referred to as
herein collectively
BANK AND TRUST COMPANY LAND TRUST NO.
TRUST COMPANY LAND TRUST NO. 15097,
"OWNER "). The VILLAGE and OWNER are
referred to as "the Parties ".
W I T N E S S E T H:
WHEREAS, VILLAGE is a Municipal Corporation of the State
of Illinois and has in full force and effect various Ordinances and
Amendments thereto relating to
the development of real estate
including, but not limited to, a Zoning Ordinance, Subdivision
Ordinance and Building Code; and
WHEREAS, OWNER is both the beneficial owner and legal
record owner of the real estate
(hereinafter referred to as
"TERRITORY "), the legal description of which is attached hereto as
Exhibit "A" and by this reference is made a part hereof; and
WHEREAS, OWNER has submitted to the VILLAGE a petition
for annexation; and
WHEREAS, OWNER intends to develop the TERRITORY in
conformance with the preliminary plat prepared by Intech
Consultants, Inc. dated June 30, 1994 labeled Exhibit "B ", which
is attached hereto and by this reference is made a part hereof; and
WHEREAS, the Parties hereto desire the TERRITORY when it
becomes 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 whether or not the
TERRITORY becomes contiguous to the VILLAGE so that the TERRITORY
will be allowed to make water and sewer connections to the VILLAGE
before Annexation provided that OWNER agrees to annex the Territory
upon becoming contiguous to the VILLAGE; and
WHEREAS, the VILLAGE desires to extend 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 when the Territory becomes
contiguous to the Village shall extend to the far side of every
highway and shall include all of every highway so annexed; and,
WHEREAS, the Parties desire
pursuant to 65 ILLS 5/11 -15-
1 to enter into this Agreement with respect to annexation of the
TERRITORY and various other matters; and
WHEREAS, OWNER constitutes all of the persons and
corporations having an interest in the development thereof and
there are no electors residing on the TERRITORY; and
WHEREAS, the TERRITORY consists of approximately 76 acres
located south of 127th Street and east of Smith Road, in
unincorporated Lemont Township, Cook County, Illinois; and
WHEREAS, the TERRITORY is not now within the corporate
limits of the VILLAGE or any municipality, and may be annexed to
the VILLAGE in conformance with Article 7 of the Illinois Municipal
Code; and
WHEREAS, the Corporate Authorities of the VILLAGE, after
due and careful consideration, have concluded that the annexation
of said real estate to the VILLAGE on the terms
and conditions
hereinafter set forth would further the growth of the VILLAGE,
enable the VILLAGE to control the development of said TERRITORY,
and enhance and promote the best interests of the VILLAGE; and
WHEREAS, pursuant to the provisions of 65 ILCS 5/11 -15.1-
1 et seq., the Corporate Authorities of the VILLAGE have held a
public hearing on this Annexation Agreement in the manner required
by law and have held all other public hearings including Plan
Commission hearings and all other actions required to be held and
taken before the adoption of this Agreement in order to make the
same effective, including all hearings required in connection with
the zoning provisions of this Agreement. All requisite hearings
have been held pursuant to notice as required by law and in
accordance with all requirements of law, before the execution of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants of the Parties hereto, it is agreed by and
between the said Parties as follows:
ARTICLE 1. RECITALS
The Recitals are incorporated herein and constitute a
part of this Agreement.
ARTICLE 2. ANNEXATION
A. OWNER, has filed with the Clerk of the VILLAGE a
certain Petition in conformance with 65 ILCS 5, Article 7 of the
Illinois Compiled Statutes requesting annexation of the above -
described real estate to VILLAGE.
B. The VILLAGE agrees to pass upon filing of such
Petition or entry of such Court order as may be prerequisite, such
Ordinance or Ordinances in compliance with 65 ILCS 5, Article 7 of
the Illinois Compiled Statutes, as are or may be necessary to annex
said real estate and incorporate same within the limits of the
VILLAGE, said Ordinance or Ordinances to be passed as soon as
possible after the Petition is filed or Court order entered.
C. The Parties hereto acknowledge that the TERRITORY
may be annexed through the manner set forth in 65 ILCS 5/7 -1 -2. In
the event OWNER has made a good faith effort to voluntarily annex
the TERRITORY and the voluntary efforts have been unsuccessful, the
OWNER will file a Petition pursuant to Section 7 -1 -2 and the
VILLAGE agrees to promptly intervene in said case and fully
cooperate in annexing the TERRITORY. The OWNER and Any other
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cooperating petitioner seeking annexation shall pay the VILLAGE's
costs and expenses related to such court intervention.
D. Subject to the provisions of 65 ILCS 5, Article 7 of
the Illinois Revised Statutes, 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 the execution of this Agreement.
E. The proposed plat of annexation of said TERRITORY is
attached hereto as Exhibit "C" and by this reference is made a part
hereof. Upon annexation, said plat shall extend the new boundaries
of the VILLAGE to the far side of any adjacent highway and shall
include all of every highway within the TERRITORY so annexed.
ARTICLE 3. ZONING AND LAND USE RESTRICTIONS
A. The VILLAGE agrees to pass within a reasonable time
after passage of the Ordinance or Ordinances annexing the TERRITORY
an Ordinance or Ordinances pursuant to the Zoning Ordinance of the
VILLAGE, to amend said Zoning Ordinance and to classify the
approximately 42 acres of residential and common area in the R -4
Single Family Detached District and to classify the approximately
34 acres of commercial area in the B -3 Commercial District as shown
on the preliminary plat (Exhibit "B "). Pursuant to the Ordinance,
the VILLAGE shall approve the preliminary plat (Exhibit "B ") and
the rezoning subject to completion of the necessary public utility
bring improvements water and sewer to the TERRITORY?
P g
The
VILLAGE shall prepare and adopt Ordinances of Annexation, Approval
of this Annexation Agreeement and of Rezoning consistent with this
- 5 -
Agreement. The areas for the R -4 and B -3 Districts are shown on
the preliminary plat attached as Exhibit "B" and are as described
below. OWNER may build this development in phases.
B. With respect to the single family detached portion
of the TERRITORY, the development shall consist of 119 individual
lots numbered one through one hundred nineteen and of Outlot A
including a portion of the TERRITORY which can be used for a church
or other similar use. With respect to Lot 5, a covenant will be
recorded to provide that for twenty years from the date of this
Agreement, the owner of Lot 5 will not unnecessarily withhold
consent to the construction of a street across Lot 5 in the event
that a connecting street is constructed to the West of Lot 5.
TERRITORY,
C.
With respect to the commercial portion of the
this parcel shall be classified in the B -3 Commercial
District subject to all requirements and restrictions as specified
in the VILLAGE Ordinances in existence on January 1, 1996. For the
commercial development, OWNER shall pay water and sewer connection
charges at rates established by the ordinances of the VILLAGE then
in effect, upon the approval of each final plat of subdivision
provided that OWNER shall pay the charges based on the VILLAGE's
ordinances presently in effect with respect to approval of any
final plat of subdivision for the TERRITORY within two (2) years of
the date of this Agreement. For the commercial development, OWNER
shall pay no land /cash ordinance charges for school,
park and
library purposes.
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VILLAGE's
Engineer
approval
drawings
engineer
attached
D. The VILLAGE President, with the approval of the
Board of Trustees, Community Development Director and
shall approve and certify the final subdivision plat
for each subphase of the Property when final engineering
are submitted by the OWNER, provided that such final
drawings substantially conform to the preliminary plat
hereto as Exhibit "B" and all applicable VILLAGE
ordinances and rules and regulations in effect as of the date
amended, modified or varied by the
and approval by the VILLAGE President, Community
Director and
hereof
as
terms hereof. Review
the
withheld or unduly
the VILLAGE Clerk
subphase plat by
Village Engineer shall not
Development
be unreasonably
delayed. The subphase plat shall be recorded by
within ten (10) days of the approval of the
the VILLAGE President, Community
Director and the Village Engineer.
E. During the time of this Agreement, unless otherwise
approved by the VILLAGE, no billboards shall be constructed on the
TERRITORY.
Development
ARTICLE 4. ON -SITE IMPROVEMENTS
A. OWNER agrees to construct or cause to be constructed
and installed, at its own expense, all public improvements
necessary to provide service to the phase of development for which
final plat approval has been granted.
shall be in
the OWNER's
reviewed and
The public improvements
accordance with plans and specifications prepared by
engineers, which plans
approved by the VILLAGE
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and specifications shall be
Engineer and the President and
Board of Trustees of the VILLAGE subject to all requirements and
restrictions as specified in the Village Ordinances in existence on
January 1, 1996. All of the said public improvements provided for
in said plans and specifications, shall include streets, pavements,
curbs, gutters, water mains, valves, fire hydrants, storm and
sanitary sewers, street lights, sidewalks, storm water control
facilities, and street signs, all of which will be located within
the TERRITORY. In connection with the residential development as
shown on Exhibit B and the right of way from 127th Street to the
residential development, OWNER shall pave the street and shall
install a sidewalk on the west side of the street as shown on the
preliminary plat attached as Exhibit B. In connection with the
commercial development as shown on Exhibit B and the right of way
from 127th Street to the residential development, OWNER shall
install an additional sidewalk if required to do so by the VILLAGE
at the time of plat approval.
B. Security to guarantee completion of public
improvements within the real estate shall be in the form of a
letter of credit in conformance with VILLAGE ordinance.
The amount of the security shall be in accordance
with ordinance, but not more than 115% of the cost of the
engineer's estimate and will be reduced from time to time to an
amount equal to 115% of the cost of the uncompleted improvements
plus 10% of the cost of any completed improvements.
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ARTICLE 5. OFF -SITE IMPROVEMENTS
A. With regard to off -site improvements, the VILLAGE,
OWNER and AERO HEIGHTS PARTNERSHIP have entered into a Utility
Participation Agreement which is attached hereto as Exhibit D and
is incorporated herein by reference. The Parties acknowledge that
OWNER and AERO HEIGHTS PARTNERSHIP shall extend oversized water and
sanitary sewer facilities from the existing locations at 127th and
Timberline Drive (water) and New Avenue and Timberline Drive
(sewer), respectively, along routing requested and approved by the
VILLAGE. The OWNER is contributing $350,000.00 toward the cost of
the construction of said line extensions with $200,000.00 of its
payments being a credit against its sewer and water tap -on charges
required under the VILLAGE's ordinances. The OWNER is further
agreeing to contribute fifty percent (50 %) of the cost of
construction of said line extensions to the extent the cost exceeds
$1,200,000.00 with AERO HEIGHTS PARTNERSHIP responsible for
reimbursement of the other fifty percent (50 %). Any of these
additional contributions by OWNER shall be a credit against its
sewer and water tap -on charges required under the VILLAGE's
Ordinances. The security to guarantee construction of the off site
line extensions shall be in the form of either a letter of credit
or a performance bond. OWNER shall be responsible for procuring
the bond or letter of credit in the amount of $350,000.00. A
performance bond issued by a financially sound surety company with
its principal office located within the United States is acceptable
provided there is reasonable evidence that the surety has a record
of acting promptly on and curing any defaults of
g y projects for which
performance bonds have been issued. The construction of said water
and sanitary sewer mainlines shall commence not later than six 6
months from the date of final plat approval of any six ( 6)
development on the TERRITORY or the OWNER y phase of the
may declare this
Agreement null and void. Further, the construction of the wate r
and sanitary sewer line improvements shall be subject to t
following agreements: he
1. As the OWNER and AERO HEIGHTS
jointly constructing the off -site
agreement
of the VILLAGE with
PARTNERSHIP are
improvements, the
OWNER and AERO
HEIGHTS PARTNERSHIP off -site improvements
the same except as
2. The Parties agree
shall
be
provided herein.
to use their best efforts in
obtaining the easements for the construction and
maintenance of the said water and sewer mains
located off the TERRITORY. If necessary, the
VILLAGE agrees to exercise its power of eminent
domain to obtain any easements and rights of
possession required by the OWNER for the
installation of the public utilities which include
water and sanitary sewer mains to service the
TERRITORY from the existing VILLAGE facilities.
The VILLAGE further agrees to expeditiously
exercise such power of eminent domain which may be
required or requested by OWNER to obtain rights or
right of possession for sanitary sewer and water
mains and the location of the sleeve for the water
- 10 -
main as necessary to complete the off -site public
improvements. The OWNER further agrees to
reimburse the VILLAGE for fifty percent (50 %) of
its reasonable expenses, including cost of
acquisition and reasonable attorneys' fees in
connection with the exercise of the VILLAGE's power
of eminent domain to acquire any such easements or
rights of possession with AERO HEIGHTS PARTNERSHIP
responsible for reimbursement of the other fifty
percent (50 %) .
3. The VILLAGE agrees to the OWNER's recapture of its
costs of construction and related easement
acquisition engineering, bonding and legal costs of
said water and sanitary sewer main lines and any
and all costs of easement acquisition for said
lines. As part of the VILLAGE's agreement, the
VILLAGE agrees to adopt a Recapture Ordinance in
the form of Exhibit "E" which is attached hereto
and is incorporated herein by reference and to
record with the Cook County Recorder of Deeds all
documents necessary to identify the property
subject to the recapture. The recapture property
affected and benefitted by the new sanitary sewer
main line and by the water main line is shown in
Exhibit "F" which is attached hereto and
incorporated herein by reference. In addition to
the costs of construction, the recapture amounts
shall include the following:
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(1)
For purposes of recapture for the water main,
the VILLAGE and OWNER agree that the amounts
to be determined pursuant to the "Utility and
Annexation Participation Agreement" and which
are specifically identified as "Certified
Costs and Expenses" are the required
expenditures to construct the said line to
serve the TERRITORY. In addition, the cost
allocated to the sleeve under the I -355 right -
of -way and the cost of acquisition through
eminent domain shall be subject to recapture
together with an interest rate of prime plus
two with the interest accruing not more than
ten (10) years;
(ii) For purposes of recapture for the sanitary
sewer main, the VILLAGE and OWNER agree that
the amounts to be determined pursuant to the
"Utility and Annexation Participation
Agreement" and which are specifically
identified as "Certified Costs and Expenses"
are the required expenditures to construct the
said sewer line to service the TERRITORY. The
cost shall also include the cost of eminent
domain. The principal cost amount together
with an interest rate of prime plus two with
the interest accruing not more than ten (10)
years shall be the amount which may be
recaptured by the OWNER; AND
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(iii) The recapture amount for each connection for
each utility shall be the percentage of the
parcel, which may be served by the direct
connection in relation to all the property
included in the specific map except for the
recapture property located in Will County
which is separately addressed in the Recapture
Ordinance. For example, if the water
recapture area includes one hundred (100)
acres, and a connection line may serve fifty
(50) acres, the person connecting shall be
responsible for fifty percent (50 %) of the
principal recapture amount, plus interest at
the time for that area benefitted by the
connection. The VILLAGE agrees to collect the
appropriate recapture amount when a parcel is
subdivided, or when the VILLAGE land /cash
ordinance charges for school, park and library
purposes are required to be paid on a parcel
at the time of development, whichever occurs tItt
fl
first. .A
(iv) The VILLAGE may collect up to a two percent
(2 %) administrative charge to pay for its
administrative overhead in servicing this
Agreement.
4. The VILLAGE agrees not to favor one recapture
agreement area over another when recommending
utility hookups in the area which will be served by
- 13 -
if,
the water main and sanitary sewer main constructed
by the OWNER and AERO HEIGHTS PARTNERSHIP The
VILLAGE agrees that it shall not permit OWNERS or
occupants of those certain parcels of real estate
in the areas shaded on the area maps attached
hereto as Exhibit "H" for sanitary sewers and for
water or any person or party claiming interest in
such applicant's parcel or any portion of such
applicant's parcel to tap in or connect to the
water or sanitary sewer systems as shown in the
preliminary engineering plans until payment has
been made to the VILLAGE from such occupants or
persons or parties in interest in any such
applicant's parcel of a recaptured charge. The
aforesaid recapture charge for any given
applicant's parcel shall equal the product obtained
by multiplying 100% (or agreeing and specifying a
dollar amount that can be recaptured) of OWNER's
cost of constructing said water and sanitary sewer
systems and all appurtenances thereto by a
fraction, the numerator of which shall be the
acreage contained in the appurtenant applicant's
parcel, and the denominator of which shall be the
total acreage contained in all applicants' parcels.
B. It is understood that permission for the
construction of certain public improvements will require other
governmental approvals from the Metropolitan Water Reclamation
District of Greater Chicago, the County of Cook, and other
- 14
governmental agencies. The Parties hereto agree to cooperate in
obtaining, expediting and submitting such necessary documents as
may be required for the approval thereof from the Metropolitan
Water Reclamation District of Greater Chicago, the County of Cook,
or any other governmental agency. The OWNER agrees to construct in
accordance with the permits issued. The OWNER understands and
agrees that no surface water is to be discharged into the sanitary
sewerage collection system and shall make adequate provision that
this will not occur, and shall further comply with any other
conditions and restrictions in the construction permit issued to
OWNER and the VILLAGE by the Metropolitan Water Reclamation
District of Greater Chicago.
C. The VILLAGE agrees to permit connection of the
public improvements to be constructed on the TERRITORY to its water
and sanitary sewer facilities.
ARTICLE 6. BONDS AND EXECUTION
A. For the purpose of securing approval from the
VILLAGE of the final development plan(s) and the recording of all
of the final development plans, OWNER agrees to furnish security
for the construction of the public improvements both on -site and
off -site in the form required by the VILLAGE and the amount
which security the VILLAGE shall reduce from time to time
of
as
improvements are constructed by an amount of ninety percent (90 %)
of the value of the improvements in place in accordance with
VILLAGE ordinances. Construction of public improvements, on -site
and off -site, may commence at different times with the approval of
the VILLAGE Board or VILLAGE Community Development Director. The
final development plan shall contain such restrictive covenants,
- 15 -
drainage covenants and easement provisions as are or will be
required by the President and Board of Trustees as a condition to
approval of the final development plans which may be approved in
two or more phases.
B. Installation of improvements shall be by subphase
with letter of credit to be set for each subphase of construction
based upon one hundred and fifteen percent (115 %) of the estimate
of construction costs for the on -site improvements and letter of
credit or performance bond based upon one hundred percent (100 %) of
the estimate of construction costs for the off -site improvements
approved by the VILLAGE's engineer, upon consultation with the
OWNER'S engineer. Improvements for each subphase shall be
installed within two (2) years following the final approval of each
particular subphase plat. The OWNER shall pay the VILLAGE Engineer
a reasonable hourly rate for a reasonable amount of work for all of
its work, including, but not limited to, the review of plans and
specifications, inspection of improvements, construction
observation and administration. The letter of credit or bond shall
cover the costs of the VILLAGE Engineer's services.
C. The VILLAGE agrees to expeditiously approve a Final
Plat of Subdivision for each phase of the final development plan,
and the Final Plat(s) shall be substantially in accordance with
each respective final development plan.
D. The VILLAGE agrees to accept the public improvements
as dedicated to the VILLAGE upon completion of the public
improvements. OWNER agrees to maintain and keep in repair the
public improvements that are constructed for one (1) year after
completion and shall either deposit cash or provide a maintenance
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bond in the amount of five percent (5 %) of the public improvement
cost for the one (1) year period after completion. If required,
OWNER agrees to convey by appropriate document at no expense to the
VILLAGE the public improvements required by it to be constructed
pursuant to the terms hereof.
ARTICLE 7. FEES AND CONTRIBUTIONS
A. OWNER agrees to pay the VILLAGE'S water and sewer
connection charges in the amounts set forth in the VILLAGE
Ordinance now in effect for the connections which will be included
in each Final Subdivision Plat phase being approved. OWNER shall
not pay any water surcharge. Said amount shall be paid on a per
unit basis with the issuance of each building permit after OWNER is
credited for its prepayment of $200,000 which has been applied to
the construction of the off -site improvements and any additional
amounts paid by OWNER for off -site improvements beyond its $350,000
contribution, pursuant to the Utility Participation Agreement. The
Purchaser shall receive a dollar for dollar credit for water and
sewer connection charges in an amount not to exceed the amount paid
minus $150,000 which is the subject of recapture. Further, the
VILLAGE shall not look to the OWNER for any portion of this
credited amount.
B. The OWNER agrees to pay the park contribution fee in
accordance with the charges as set forth in Exhibit "G" which is
attached hereto and is incorporated herein by reference and the
amount of the contribution shall be based upon the number of units
included in the Final Subdivision Plat phase being approved and
shall satisfy all obligations of park contributions required by
- 17 -
•
`°)
VILLAGE ordinance. Said amount shall be paid on a per unit basis
with the issuance of each building permit.
C. The OWNER agrees to pay the applicable contribution
for schools in accordance with the charges as set forth in Exhibit
"G" which is attached hereto and is incorporated herein by
reference, and the amount of the contribution will be based upon
the number of units to be included in the Final Subdivision Plat
phase being approved and shall satisfy all obligations of school
contributions repaired by VILLAGE ordinance. Said amount shall be
paid on a per unit basis with the issuance of each building permit.
D. The OWNER agree to contribute to the VILLAGE the sum
of TWO HUNDRED FIFTY AND 00 /100 DOLLARS ($250.00) per residential
buildable lot as an annexation fee for each residential buildable
lot which is included in the Final Subdivision Plat phase which is
being approved. Twice the per lot amount shall be paid upon the
issuance of a building permit for each respective lot until the
total amount is paid.
E. The OWNER agrees to pay the required library
contribution fee in accordance with the charges as set forth on
Exhibit "G" which is attached hereto and is incorporated herein by
reference, and the amount of the contribution will be based upon
the number of units to be included in the Final Subdivision Plat
being approved and shall satisfy all obligations of library
contributions required by VILLAGE ordinance. Said amount shall be
paid on a per unit basis with the issuance of each building permit.
ARTICLE 8. BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
A. The OWNER agrees to pay the VILLAGE for expenses
incurred and pay such permit, inspection and review fees as
- 18 -
required by VILLAGE Ordinance at the time such fees and expenses
are incurred. However, this paragraph is not intended to have a
retroactive effect for expenses incurred before any Ordinance
change.
B. The Parties agree that the following shall apply to
site development, building and occupancy permits:
1. The VILLAGE agrees to allow the issuance of a site
development permit for the entrance roadway to the
OWNER for the TERRITORY upon the execution of this
Agreement.
2. The VILLAGE agrees to permit the construction of up
to four (4) model units after the approval of any
final Plat of Subdivision and before completion of
street pavements and curbs and gutters. The models
will be constructed in accordance with VILLAGE
Ordinances and may only be used as temporary sales
offices and marketing offices until public
utilities are available and occupancy permits are
issued for said models.
3. The VILLAGE agrees to issue building permits within
thirty (30) working days after receiving on
application for a building permit for the
residential area of the TERRITORY. If the Permit
application is denied, the VILLAGE shall §pecify
within the thirty (30) day period whether said
plans fail to conform to the VILLAGE Ordinance and
where the specific noncompliance exists. If the
application is amended and approved, the permit
- 19 -
shall be issued within ten (10) working days
thereafter.
4. The VILLAGE agrees to issue certificates of
occupancy within five (5) working days of the
request for final inspection or issue a letter of
denial within said time period advising OWNER
specifically what corrections are necessary to
procure a certificate of occupancy. It is
understood that the certificate of occupancy shall
be issued within five (5) working days after the
requested corrections are made. Temporary
certificates of occupancy may be issued in
accordance with subparagraph 6 below.
5. The VILLAGE shall issue no stop work orders
directing work stoppage on buildings or other work
on -site or off -site related to this Agreement
without setting forth the section of the VILLAGE
Ordinances which is allegedly being violated.
Further, the OWNER may forthwith proceed to correct
such violations as may be identified and as exist.
Other work may continue on any structure or
projects within or outside the TERRITORY not
subject to the stop work order as long as the
action causing the Stop Work Order do9s not
reasonably effect any other portions of the
development. In addition, the work may continue on
any structure or other area in or outside the
development, subject to the Stop Order, after
- 20 -
reinspection by the VILLAGE indicates the
violation, which is the basis of the stop work
order, has been corrected. Reinspection shall
occur within two (2) days of the OWNER's request.
6. The VILLAGE agrees to grant conditional
Certificates of Occupancy in accordance with the
VILLAGE Building Code when minor exterior work can
not be completed due to inclement weather per the
Lemont Building Code.
C. The VILLAGE expressly agrees not to change or modify
its Zoning and Subdivision Ordinances except as provided herein,
insofar as they apply to the real estate heretofore described
during the period of twenty (20) years from the date hereof, except
the VILLAGE reserves the right to adopt Ordinances and Regulations
as may apply to all matters of public safety and to change fees so
long as such Ordinances and /or Regulations apply to all builders in
the VILLAGE. Further, the VILLAGE agrees not to change or modify
its Building Code with respect to the TERRITORY to the extent the
tip
modification would alter or change the land plan design which has
been approved by the VILLAGE as set forth herein.
D. All signs for the property shall be in accordance
with VILLAGE Ordinance.
E. OWNER agrees to provide the VILLAGE "as built"
engineering plans and specifications after completion of the ;public
improvements if requested by the VILLAGE.
F. OWNER agrees to grant appropriate easements to
Commonwealth Edison Company, NICOR, Illinois Bell Telephone
Company, and the duly authorized cable television company, for the
- 21 -
installation of electrical wiring, gas mains and phone service to
serve the TERRITORY and to delineate such easements on the final
development plan or plats of subdivision.
G. 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 hereafter 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
Engineering Consultant has issued its Certificate of Inspection
affirming that 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 the terms hereof, the public improvements.
H. OWNER may maintain construction trailers on the
TERRITORY in accordance with VILLAGE Ordinance, and OWNER may
maintain a sales trailer on the TERRITORY.
I. This Agreement shall be binding upon the VILLAGE and
its successors and upon OWNER and its successors and assigns, and
shall be binding on any and all subsequent owners of the TERRITORY
for a period of no less than twenty (20) years or greater if
permitted by statute as may be amended from time to time. For
purposes of this Agreement, a "successor" or "assignee" t9 OWNER
shall be deemed such only if specifically so designated by the
OWNER (or any successor or assignee thereto as defined herein) in
a document which either (i) transfers an interest in the TERRITORY
or any portion thereof or (ii) specifically assigns the rights and
- 22 -
obligations hereunder as to the TERRITORY or any portion thereof to
any such transferee. A successor or assignee shall not include any
third party buyer of a residential lot for his or her own use as
such.
J. Any party or its successor in interest to this
Agreement may either in law or in equity, by suit, action of
mandamus or other proceeding enforce and compel performance of this
Agreement.
K. The parties agree that there are no representations,
agreements or understandings between the parties hereto with
respect to the subject matter of this Agreement which are not
included in this instrument.
L. Should any provision or provisions hereof be
declared invalid for any reason whatsoever, said declaration of
invalidity shall affect only the provision or provisions so
declared invalid.
M. Any and all notices required hereunder may be served
in one of the three following methods:
1. Facsimile transmission to:
VILLAGE: Village of Lemont
Attn: Village Clerk
418 Main Street
Lemont, Illinois 60439
Fax: (708) 257 -5087
WITH COPY TO: John P. Antonopolous, Esq.
Antonopolous, Virtel &
Groselak, P.C.
15419 127th Street, Suite 100
Lemont, IL 60439
Fax: 708 - 257 -8619
OWNER: Jurinek & Riskus, Inc.
P.O. Box 2351
Darien, IL 60559 -2351
Fax: 708 - 325 -0288
- 23 -
WITH COPY TO:
Alexander R. Domanskis
Shaw Gussis & Domanskis
111 West Washington Street
Suite 707
Chicago, IL 60602
Fax: (312) 541 -0155
The original documents, together with evidence of
the facsimile transmission of same, shall be
forwarded via certified mail, return receipt
requested, in all instances within two (2) business
days of such facsimile notice.
2. Receipted hand delivery to the parties at the
addresses listed in subparagraph 1 above.
3. Certified mail, return receipt requested, to the
parties listed in subparagraph 1 above.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this 011-day of
VILLAGE: VILLAGE OF LEMONT, ILLINOIS
nici.al corporation
ATTEST:
ATTEST:
OWNERS:
1
lage *res
1996.
STANDARD BANK AND TRUST COMPANY, not
personally, but as Trustee under
Land Trust No. 15097
ATTEST:
CkSt4--Ze-r
Secretary
Donna Diviero, A. .O.
JURINEK & RIS S, INC., an Illinois
corporation
By:
Pre
This Instrument Is signed, sealed and delivered by STANDARD BANK AND TRUST
COMPANY, solely in its capacity as Trustee as aforesaid. Any and all duties, oblige
Voris and liabilities of the Trustee hereunder are to be performed by said STANDARD
BANK AND TRUST COMPANY only as such Trustee. Any claims, demands and liabil-
ities which may at any time be asserted against the Trustee hereunder shall be paid,
collected or satisfied against only the property or assets in the possession of said
STANDARD BANK AND TRUST COMPANY as Trustee as aforesaid, and the said
STANDARD BANK AND TRUST COMPANY does not undertake, nor shall it have
any personal or individual liability Jr 'bfigation of any nature whatsoever by virtue
of the execution and c'elivery hereof, nor shall STANDARD BANK AND TRUST COM-
PANY, either individually or as Trustees, be under any duty o• obligation to sequester
the rent±, issues and profits arising from the prcperty described dr any other property
which it may hold under the terms and cond;.i ni said Trust Agreement.
ROLLING MEADOWS ANNEXATION AGREEMENT
EXHIBITS
A- Legal Description of Jurinek & Riskus property
B- Preliminary Plat
C- Plat of
- Pr Annexation
D- Utility and Annexation Participation Agreement
E- Proposed Recapture Ordinance
F- Recapture Map for Sanitary Sewer Line and Water
G- Park, School and Library Contributions Main Line
EXHIBIT A
LEGAL DESCRIPTION FOR
ROLLING MEADOWS OF LEMONT
THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EASTERLY
300 FEET OF THE NORTHERLY 726.00 FEET OF SAID NORTHWEST 1/4, ALL IN
COOK COUNTY, ILLINOIS.
PIN: 22 -31- 101 -006 and 22 -31- 101 -001
PROPERTY ADDRESS:
SOUTH OF 127TH STREET AND EAST OF SMITH ROAD,
LEMONT, ILLINOIS 60439
EXHIBIT B
PRELIMINARY PLAT OF ROLLING MEADOWS OF LEMONT
ti).rp_FATA_
attaelh Arv;A er Aro :
4wrt,OfAMII.1. AKZA
NUMOEtZ pf hir4A.GfAMIL. f
DENhr'F' pa/0,c):
MnJ. l Or h12G'
•
MIN.
i.orfearrme 01424-.L.114 :
YAR12—/-401 •40GK -.
I Dr YARppP :
GOMM RGIAI, 40- AREdr •
PROPO5E0 ZONING RELEASE RATE (7a.9 x 0 5..4)
9rOKAGE Re.cou% Et,
bBAA- I.— OfMGy-- p�p�,r
1N7 44414414 AF 1* oakrowoor .CVNCffA[ GF FNCrip1 3I, 2,4.1.6,8P ,nloeW,
WAR U erI! MAO Omer THE. eAi,ncti �atcb
fvofarr+eNacllrewf rm.mncP4rmmenn4.1&yf4UAATAR.-
. .41.1,1•411100,0 N te.s jT TaA'kiwP, azx.a•{f, lWNigy lsufµi
l.K ta.z+s Ka+•.+nsaR�....
w. ,e.. –Nu
40
— 4I
Aeero . +e7.•
.INTECH CONSULTANTS, INC.
S413 WALNUT AVE. DOWNERS GROVE, ILL.
shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any other provision, clause,
word or designation contained herein.
ARTICLE XVI
COVENANTS TO RUN WITH LAND
The terms, provisions, covenants, obligations and
conditions contained in this Agreement shall run with the land and
be binding on and inure to the benefit of successor owners,
grantees and developers of the Properties except as otherwise
provided herein. Notwithstanding the foregoing, no third party
beneficiary rights are created, or intended to be created, by this
Agreement for any person or property owner not a party to this
Agreement.
ARTICLE XVII
AUTHORIZATIONS
The Parties represent and warrant that the individuals
executing this Agreement on their behalf have been duly authorized
to do so and that all necessary actions, authorizations,
resolutions and approvals have been secured prior to the execution
and delivery of this Agreement.
EXHIBIT C
PLAT OF ANNEXATION OF ROLLING MEADOWS OF LEMONT
EXHIBIT D
UTILITY AND ANNEXATION PARTICIPATION AGREEMENT
MAY 21 '96 11 :04
NEW HORIZON HOMES
383 P02
PLAT OF ANNEXATION
THE EAST HALF QF THE NORTHWEST QUARTER Or SECTION 3t, TOWNSMIP 37
NORTH, RANGE it EAST OF 7HE THIRD PRINCIPAL MERIDIAN, EXCEPT THE
EASTERLY 300,00 FEET OF THE NORTHERLY 126.00. FEET OF SAID NORTHWEST
OUARTER, ALL SITUATED IN LEMONT TOWNSHIP, COOK COUNTY. ILLINOIS.
CONTAINING 76.298 ACRES MORE OR LESS,
NOITd LINE 8V/V: 4Ec,31•g71
18T TN
WS5T LING EASTI4• t1Wd4 __ --
4EC. SI.ET.0
STATE OF ILLINOIS)
5.a
mom, Of COOK )
APPROVIO EY THE MAYOR OF THE
MEETING MELD THIS ,-, .... DAY OF
SYI
9. al- as' se' E.
- i4ERFOY
ANNUM?
i.e.). ST' s7-0,
tsteerr
4WD; LINE t401 Stt,$137•It y
VILLAGE OF LEMONT, iLLIMO2S, AT A
, 18 .
MAYA+
STATE OF ILLINOIS)
8.8
COUNTY Of COOK )
THE TERRITORY DESCRIBED IN THIS FLAT OF ANNEXATION i3 IDENTIFIEb AE
THAT INDOEFORAt£D AND MADE A PART. OF THE YILLAGE OF LEMONT,
ILLINOIS. ORDINANCE No. ADOPTED 8Y THE MAYOR Also THE BOARD
OF TRMBT558 OF SAID VILLAGE, ON THIS DAY OF
19_.
BY,
PRESIDENT
ATTEST-
CLERK
SCALE: I I SWALE SOO FEET
ORDERED EY• 4hamm
dtb€R NO. ; wa• w ►sue - 4 -
STATE OF ILLINOI5)
5.5
COUNTY OF COOK. )
I, THONGS 'J• CESAL, AN ILLINOIS PROFESSIONAL LAND SURVEYOR; DD
HEREBY CERITfY THAT THE ANNEXED PLAT IS AN ACCURATE REPRESENTATION
OF THE TERRITORY INCLUDED IN THE ANNEXATION TO THE VILLAGE OF
LEMONT.
DATED Ms • DAY `��9�
PROFEBSIDivAL LAHO R
1896.
ILLINOIS VEYOR NQ. 2206
UTILITY AND ANNEXATION PARTICIPATION AGREEMENT
THIS AGREEMENT (the "Agreement ") is made and entered into
, 1996 by and among JURINEK & RISKUS,
corporation ( "J & R ") , AERO
this 1341 day of
INC., an Illinois
an Illinois partnership ( "AERO "), and the
( "VILLAGE "), an Illinois municipal corporation
VILLAGE are hereinafter collectively referred
and individually as a "Party ".)
W I T N E S S E T H
WHEREAS, J & R is the beneficial owner of one hundred
percent (100 %) of the
HEIGHTS PARTNERSHIP
VILLAGE OF LEMONT
(J & R, AERO and the
to as the "Parties"
beneficial interest in Standard Bank and
Trust Company Land Trust No. 15097, dated December 15, 1995, the
land trust which is the record owner of approximately pproximately seventy -six
(76) acres of real property which is legally described on Exhibit
A which is attached hereto and is incorporated herein by reference
located in unincorporated Lemont Township, Cook County, Illinois
(the "J & R Property ");
WHEREAS, J & R is requesting annexation of the J & R
Property to the VILLAGE and proposes to develop its Property with
residential a4nd commercial uses;
WHEREAS, AERO is the beneficial owner of one hundred
percent (100 %) of the beneficial 'EANK O Q3IcA0 F/K/A
interest in Bank of
Chicago /Garfield Ridge Land Trust No. 92 -2 -5, dated February 2 -2,27,
1992, the land trust which is the record owner of approximately
seventy -eight (78) acres of real property which is legally
described on Exhibit B which is attached hereto and is incorporated
herein by reference located in unincorporated Lemont Township, Cook
elt
County, Illinois (the "AERO Property "). (The J & R Property and
the AERO Property are hereinafter collectively referred to as the
"Properties ").
WHEREAS, AERO is requesting annexation of the AERO
PROPERTY to the VILLAGE and proposes to develop its property with
residential and commercial uses;
WHEREAS, the VILLAGE is requesting J & R and AERO to
construct water mains and sanitary sewers longer and larger than
necessary for their respective developments to be built to service
the properties.
WHEREAS, the VILLAGE desires to enter into this Agreement to
pay a portion of off -site utility costs to insure future controlle
growth and development of the VILLAGE and to insure placement
sizing and construction of the proposed water main and sanitary
sewer main as the VILLAGE directs.
WHEREAS, in order to provide potable water to service the
Properties and to provide the opportunity for future controlled
growth and development of the VILLAGE, the Parties desire to extend
the VILLAGE water main westerly to the Properties. The water main
will be owned by the VILLAGE and will be located
the Parties generally along 127th Street West to
Subject to change by agreement among the Parties,
location shall be as shown on Exhibit C which is
and is incorporated herein by reference.
WHEREAS, in order to provide sanitary sewers to service
the Properties and to provide the opportunity for future controlled
d
as agreed among
the Properties.
the water main
attached hereto
growth and development of the VILLAGE, the Parties desire to extend
the VILLAGE sanitary sewer main southerly from New Avenue to the
Properties. The sanitary sewer main will be owned by the VILLAGE
and will be located within a utility easement from New Avenue
across several properties and across the AERO Property to the J &
R Property as agreed among the Parties. Subject to change by
agreement among the parties, the sanitary sewer main location shall
be as shown on Exhibit D which is attached hereto and is
incorporated herein by reference. (The Water Main and the Sanitary
Sewer Main Extensions are hereinafter collectively referred to as
the "Extensions" and individually, as the "Water Main Extension"
and "Sanitary Sewer Main Extension " , respectively.)
WHEREAS, the Parties desire to participate in and share
in the costs and expenses associated with the design, construction
and inspection of the Extensions as hereinafter set forth (it being
the understanding of the Parties that J & R and AERO will be solely
responsible for all further costs and expenses associated with
further extending individual Water Mains and Sanitary Sewer Mains
to serve their respective Properties from the Extensions' proposed
terminus points except that the Parties will participate and share
in the costs and expenses of oversizing of the Extensions across
the J & R and AERO Properties) and in accordance with those certain
plans and specifications (the "Plans and Specifications ") to be
prepared by J & R and AERO and submitted to and approved by the
VILLAGE.
- 3
CID
1
WHEREAS, the Parties are seeking annexation into the
VILLAGE along with rezoning from the VILLAGE for the respective
Properties. In order to have the Properties become contiguous with
the VILLAGE so that annexation can take place, AERO has, through
its attorneys, Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd.,
negotiated and met with various property owners to provide for
their annexation to the VILLAGE. Pursuant to this Agreement, J &
R shall reimburse AERO for fifty percent (50%) of payments made to
Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd. for its annexation
work pursuant to this Agreement in an amount not to exceed
$27,622.50. Reimbursement shall be made from any proceeds to be
received upon the recapture of monies by J & R from the
construction of the Extensions as provided for herein. J & R
through its attorneys, Shaw Gussis & Domanskis, negotiated and met
with various property owners to provide for their annexation to the
VILLAGE. Pursuant to this Agreement, AERO shall reimburse J & R
for 50% of payments made to Shaw Gussis & Domanskis for its
annexation work pursuant to this Agreement in an amount not to
exceed $2,500.00. Reimbursement shall be made from any proceeds to
be received upon the recapture of monies by AERO on the
construction of the extensions as provided for herein.
WHEREAS, this Agreement is contingent upon the execution
by the VILLAGE and J & R and the VILLAGE and AERO of Annexation
Agreements,approval of the Plans and Specifications, and adoption
by the VILLAGE of a recapture ordinance with respect to the
Extensions.
- 4 -
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and promises herein contained, it is agreed by and
between the Parties as follows:
ARTICLE I
RECITALS
L
The foregoing recitals are material to this Agreement and
are incorporated herein as if fully set forth herein.
ARTICLE II
EXTENSION ROUTES
Subject to change by agreement of the Parties, the
Extensions shall be installed in substantial accordance with the
routes as specified and set forth in the Plans and Specifications
to be prepared and as shown in the Exhibit C and D Diagrams and as
approved by the Parties.
ARTICLE III
CONSTRUCTION OF THE EXTENSIONS
A. J & R and AERO shall expeditiously prepare all
engineering plans and specifications as may be necessary to secure
all governmental and QD
quasi- governmental permits, licenses, m authorizations and a J) pprovals for the construction of the
Extensions, including, but not limited to, an estimate of the •
Certified Costs and Expenses (as defined below) of constructing the
Extension. The Village shall expeditiously review and approve all
engineering plans and specifications with regard to the
construction of the Extensions. Pursuant to this Agreement, AERO
shall reimburse J & R for fifty percent (50 %) of payments made to
- 5 -
Shaw Gussis & Domanskis for its work related to the construction of
the Extensions and the securing of the governmental approvals
necessary to construction of the Extensions in an amount not to
exceed $7,500.00. Reimbursement shall be made from any proceeds to
be received upon the recapture of monies by AERO from the
construction Extensions as provided for herein.
B. To date, the engineering plans and specifications
for the Extensions have been prepared by Donald G. Eddy Engineering
Co. The Parties shall pay Donald G. Eddy Engineering Co. pursuant
to the terms of this Agreement. J & R and AERO shall contract with
Donald G. Eddy Engineering Co. or other mutually agreed company to
prepare all further engineering Plans and Specifications and
easement acquisitions. J & R shall make the decision for the
Parties as to engineering and construction issues concerning the
Plans and Specifications. For major decisions, J & R shall request
AERO's approval which shall not be unreasonably withheld or
delayed. J & R shall be entitled to proceed with AERO's oral or
written approval.
C. Not later than two (2) weeks following the receipt
of all governmental and quasi - governmental permits, licenses,
authorizations and approvals necessary to construct the Extensions,
or as soon thereafter as weather conditions allow, J & R shall
begin to construct, or cause the construction of, the Extensions in
accordance with the Plans and Specifications and J & R shall be
paid by the Parties for its engineering and construction management
- 6 -
and supervision in an amount not to exceed eight percent (8 %) of
the total construction costs for the Extensions.
D. Construction of the Extension shall be diligently
pursued and completed no later than eighteen (18) months after
annexation of the Properties into the VILLAGE (the "Completion
Date "); provided, however, the Completion Date may be extended due
to delays in completion of construction caused by circumstances
beyond the reasonable control of J & R and AERO (including but not
limited to, strikes, lockouts, material shortages, acts of God,
inclement weather conditions and failure of issuance, revocation or
suspension of any necessary permits or approvals which actually
preclude, stop or delay construction).
E. Each party shall have the right of prior review and
approval (which approval shall not be unreasonably withheld or
delayed) of any and all contracts which J & R plans to award in
connection with design and construction of the Extensions.
F. The Parties
Extensions are designed to
sanitary sewer
extensions from
hereinabove
service
the
provided,
acknowledge and agree that the
provide adequate potable water and
to the Properties when such further
Extensions' terminus points are made as
and J & R and AERO shall have the right,
subject to VILLAGE approval
and
necessary "tap -on" and connection
Properties to the Extensions pursuant
further necessary extensions.
payment to the VILLAGE of all
fees, to connect the respective
to the installation of such
- 7 -
ARTICLE IV
CERTIFIED COSTS AND EXPENSES
A. "Certified Costs and Expenses" means the costs and
expenses of constructing the Extensions, as certified to the
VILLAGE by Donald G. Eddy Engineering Co. or other mutually agreed
company and includes the following:
1. The total face amount of any contracts entered
into in connection with the construction of the Extensions and
restoration of areas disturbed by such construction, and all
authorized extra expenditures made pursuant thereto;
2. All costs and expenses paid or incurred by J &
R and AERO (or the VILLAGE and charged back to J & R and AERO) in
connection with the repair and replacement of all or any portion of
the Extensions before the VILLAGE'S acceptance of same, and within
a one (1) year guarantee period unless such repair or replacement
was necessitated by the fault of any of J & R's and AERO's or the
VILLAGE'S subcontractors and such subcontractors are held liable
and in fact pay for the cost of such repair and maintenance; and
3. All design, planning, engineering and other
professional fees (excluding legal which is separately provided for
herein) and other costs and /or expenses paid or incurred by J & R
in securing the governmental approvals necessary to the
construction of the Extensions;
4. All plan review fees, on -site supervision fees,
inspection fees or legal fees which are usually imposed by the
- 8 -
VILLAGE, the Metropolitan Water Reclamation District, or any other
governmental or quasi - governmental entity having jurisdiction over
the construction of the Extensions; costs of supervision of the
work; permit or license fees or easement or right -of -way
acquisition costs incurred by J & R and AERO in connection with the
construction of the Extensions.
5. All costs, fees, or charges incurred in the
provision or procurement of any bond or letter of credit or other
security as may be required by the VILLAGE or other governmental or
quasi- governmental entity to secure the construction of the
Extensions.
6. All costs, fees or charges incurred in the
provision or procurement of any maintenance bond or corporate
guarantee as may be required by the VILLAGE or other governmental
or quasi- governmental entity after completion of installation of
the Extensions.
B. Within thirty (30) days of the execution of this
Agreement, J & R and AERO shall cause Donald G. Eddy Engineering
Co. or other mutually agreed company to provide to all Parties, for
informational purposes, an estimate of the Certified Costs and
Expenses.
C. Within sixty (60)
construction of the Extensions, a
cost of such construction (a "Certified Cost
days of completion of the
written schedule of the total
Schedule") shall be
prepared by J & R. The Certified Cost Schedule shall,become an
- 9 -
Exhibit to this Agreement upon approval thereof by the Parties,
which approval shall not be unreasonably withheld or delayed.
ARTICLE V
PAYMENT OF CERTIFIED COSTS AND EXPENSES
A. The Parties shall pay every sum coming due under a
contract or subcontract which is a component of the Certified Costs
and Expenses. For up to $1,200,000 in Certified Costs and
Expenses, J & R shall pay no greater than $350,000 of the Certified
Costs and Expenses with $200,000 of its payments being a credit
against its sewer and water tap -on charges required under VILLAGE'S
ordinances. For up to $1,200,000 of Certified Costs and Expenses,
AERO shall pay no greater than $350,000 for the Certified Costs and
Expenses with a payment of $150,000 at the time that actual sums
are incurred and the contracts or subcontracts which are components
of the Certified Costs and Expenses and with $200,000 to be repaid
by the Developer of the AERO property under the following
arrangement:
a. $50,000 upon approval of a final plat of subdivision for
all or any part of the AERO property;
b. $50,000 every six months after the first a
p yment until
the $200,000 is paid; and
c. With the payments being a credit against sewer and water
tap -on charges required under VILLAGE'S Ordinances.
The VILLAGE shall apply
PP y $200,000 of the Certified Costs and
Expenses of AERO which will be reimbursed by the AERO Developer as
aforesaid. After the first $700,000 of Certified Costs are paid as
- 10 -
provided above, the Village shall pay the next $500,000 in
Certified
Costs.
After
the Village has paid $500,000, any
additional amount of Certified Costs shall be divided equally among
and shall be paid by J & R and AERO and shall be a credit against
their respective sewer and water tap -on charges required under the
VILLAGE's ordinances. To ensure that J & R and AERO are prepared
to proceed under this Agreement, J & R and AERO shall obtain a
construction loans for payment of the construction costs for the
Extensions for amounts sufficient to pay for their respective costs
of the Extensions and related financing costs as agreed between J
& R and AERO or either J & R and AERO may choose to deposit
$75,000.00 in an escrow account to be held by an agreed upon title
company for the payment of their portion of the Certified Costs and
Expenses under this Agreement pursuant to a title company escrow
agreement. In the event of the establishment of an escrow, and the
amount of money deposited by J & R and AERO
utilized to pay Certified Costs
and no /100 Dollars ($50,000.00)
to the escrow has been
and Expenses and is Fifty Thousand
or less, that Party shall deposit
funds immediately to bring its escrow balance up to $75,000.00. In
the event of an escrow and J & R and AERO fails to maintain the
escrow balance of $75,000.00, that Party shall be in default under
this Agreement. In the event of an escrow and J & R or AERO fail
to make an escrow deposit as required under this Agreement and such
failure renders that Party unable to comply with contract is
p yment
terms agreed upon with J & R's and AERO's subcontractors, said
remaining Party shall have the right, but not the obligation, to
advance the funds necessary to comply with said contract payment
terms. The Party advancing such funds shall be entitled to prompt
reimbursement from the Party failing to make such payment, plus
interest calculated at the rate of two percent (2 %) per month, from
the date such escrow deposit is due.
B. Payment shall be made
pursuant to a request for
payment (a "Request for Payment ") to be prepared by J & R and /or
AERO (or their designee) for submittal to each of the Parties and
shall (i) specify the total amount of payment being requested; (ii)
specify the total amount of payments theretofore made by each of
the Parties; (iii) identify the purposes of which such payment is
being requested; and (iv) state that the sums being requested
constitute a portion of the Certified Costs and Expenses. Each
request for payment shall be accompanied by a Certificate of
Completion from Donald G. Eddy Engineering Co. or other mutually
agreed company, certifying that the work described in the
accompanying Request for Payment has been completed in accordance
with the Plans and Specifications. Upon approval by the Parties,
said Request for Payment shall be paid by J & R and /or AERO (or
their designee).
C. A Request
thirty (30)
Extensions.
pursuant to
Request for
for Payment shall be submitted every
days following the commencement of construction of the
Payment shall be due from the escrow established
this Agreement within ten (10) days of the date of the
Payment.
- 12 -
D. The Parties hereby waive any right of recapture that
may now or hereafter exist in connection with the Extensions
against each other and their successors and assigns with respect to
their Properties as specified in Exhibits A and B.
E. The Parties shall seek recapture of the Certified
Costs and Expenses from property owners for properties other than
those described in Exhibits A and B. In the event of recapture,
any monies recaptured shall be distributed and received according
to the following formula:
(i) Payment to Goldstine, Skrodzki, Russian,
Nemec & Hoff, Ltd. of $27,622.50 of
amounts first due to J & R and payment to
Shaw Gussis & Domanskis of $10,000.00 of
amounts first due to AERO; and
(ii) Recapture to the Parties based upon the
proportion that each has paid of the
Certified Costs and Expenses except in
the event that one of them has paid more
than the other Party for Certified Costs
and Expenses due to a default of its
obligation, under this Agreement. In
this event, the nondefaulting Party shall
be entitled to its recapture plus
interest at one point over the prime rate
established by Bank of America which
- 13 -
interest rate shall change based upon
changes to the prime rate.
The right of recapture provided herein shall remain the property of
J & R and AERO after a sale of a portion or portions of the
respective Properties, unless J & R or AERO specifically assign the
right of recapture by written agreement to a successor or assign.
Such assignment shall be ineffective, unless it is made subject to
all of the terms and conditions of this Agreement.
ARTICLE VI
MUTUAL COOPERATION; FURTHER ASSURANCES
The Parties
shall cooperate with each other in the
preparation and execution of all applications, petitions, permits,
requests and other documents as may be necessary in connection with
the construction of the Extensions and in connection with the
payment of the Certified Costs and Expenses, and to take such other
actions as may be necessary or reasonably desirable to enable
compliance with and
hereof.
effectuation of the terms and provisions
ARTICLE VII
TERM
This Agreement shall remain in full force and effect for
all purposes other than the right to recapture and the obligation
of AERO to reimburse the
Costs and Expenses until
of all maintenance or
VILLAGE for its portion of the Certified
the first to occur of (i) the expiration
guaranty periods associated with the
Extensions subsequent to their completion and acceptance by the
- 14 -
VILLAGE or other appropriate governmental or quasi- governmental
entity; or (ii) three (3) years from the date of this Agreement.
This Agreement shall remain in full force and effect for the right
to recapture until the expiration of the right to recapture.
ARTICLE VIII
SECURITY
J & R and AERO shall be jointly responsible to the extent
of each of their utility participation under this Agreement for
procuring and providing to the VILLAGE the bond or letter of credit
or other security as may be required by the VILLAGE or other
appropriate governmental or quasi - governmental entity to secure the
construction of the Extensions, and the maintenance bond so
required after completion of installation of the Extensions. J &
R shall be responsible for procuring the bond or letter of credit
in the amount of $350,000; AERO shall be responsible for procuring
the bond or letter of credit in the amount of $150,000; no bond or
letter of credit shall be required for the portion of the utility
participation undertaken by the VILLAGE.
ARTICLE X
NOTICE
Any notice which any party hereto may desire or may be
required to give to any other party shall be in writing, and the
mailing thereof by certified or registered mail, postage prepaid,
return receipt requested, quested, to the respective addresses of the
Parties set forth below shall constitute service of notice
hereunder two (2) business days after the mailing thereof.
- 15 -
Alternatively, any such notice may be serviced by personal delivery
thereof to the other party which delivery shall constitute service
of notice hereunder on the date of such delivery.
If to the VILLAGE: Village of Lemont
418 Main Street
Lemont, IL 60439
Attn: Village Clerk
With a copy to: John P. Antonopoulos
Antonopoulos Vistel & Groselak P.C.
15419 127th St., Suite 100
Lemont, IL 60439
If to J & R:
With a copy to:
Jurinek & Riskus, Inc.
P.O. Box 2351
Darien, IL 60559 -2351
Alexander R. Domanskis
Shaw Gussis & Domanskis
111 W. Washington, Suite 707
Chicago, IL 60602
If to AERO: Andrew F. Maletich, Sr.
with a copy to:
Robert D. Goldstine
Goldstine, Skrodzki, Russian,
Nemec & Hoff, Ltd.
7660 West 62nd Place
Summit, IL 60501
ARTICLE XI
SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of, and be
binding upon the Parties, and each of them, and their respective
successors and assigns. Notwithstanding anything contained'herein
to the contrary, a Party may assign its rights and delegate its
duties and obligations hereunder to the extent the Party assigns,
transfers and conveys all of its right, title and interest in and
- 16 -
to the respective Property to an entity in which the Party retains
an interest or to a bona fide third party purchaser. No such
assignment and delegation, however, shall relieve the assigning,
transferring or conveying Party of its obligations and liabilities
under this Agreement, unless and until said purchaser fully accepts
and assumes responsibility for all duties and obligations of said
party created under this Agreement relating to the respective
Property and unless and until the remaining Party or Parties have
given their consent (which shall not be unreasonably withheld or
delayed) to such assignment, transfer and conveyance. Lack of
financial responsibility by a purchaser of a Property shall be a
proper ground for a Party to withhold consent to the release of the
other Party from its obligations and liabilities under this
Agreement.
ARTICLE XIi.
MERGER AMENDMENT
This Agreement along with the Annexation Agreements of J
& R and AERO, respectively, contain the entire agreement of the
Parties relative to the subject matter hereof, superseding all
prior negotiations, understandings and agreements. No amendment
shall be binding upon the Parties unless it shall be in writing
with the Parties evidencing their consent.
ARTICLE XIII
REMEDIES
A. All claims, disputes, and other matters in, questions
between the Parties arising out of or relating to this Agreement g ent or
- 17 -
the breaches thereof, shall be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American
Arbitration Association then applicable, unless the Parties
mutually agree otherwise. Notice of the demand for arbitration
shall be filed in writing with all Parties and with the American
Arbitration Association. Any demand for arbitration shall be made
within a reasonable time after the claim, dispute or other matter
in question has arisen; and in no event shall it be made after the
date when institution of legal or equitable proceedings based on
such claim, dispute or other matter would be barred by the
applicable statute of limitations. The Parties between whom
claims, disputes and other matters arise may mutually agree to
waive these arbitration provisions, and said Parties may, pursuant
to such waiver, at law or in equity, by suit, action, mandamus or
other proceeding, enforce or compel the performance of this
Agreement and may be awarded damages, including reasonable
attorneys' fees. In the event the Parties waive these arbitration
provisions, no action taken by any Party hereto pursuant to the
provisions of any Article of this Agreement shall be deemed to
constitute an election of remedies and all remedies set forth in
this Agreement shall be cumulative and nonexclusive of any other
remedy either set forth herein or available to any Party at law or
in equity.
B. Unless otherwise agreed in writing, the Parties
constructing the Extensions shall carry on such construction during
the pendency of any arbitration proceedings and payments shall
- 18 -
continue to be made by both Parties in accordance with the
provisions of Article V hereof.
C. In the event of a material breach of this Agreement,
except in the event of a failure to make an escrow deposit for
which no cure period shall be allowed, the Parties agree that the
Party claiming breach shall give prompt written notice of such
alleged breach and the Party receiving such notice shall have
thirty (30) days after receipt of such notice to correct such
alleged breach, before the seeking of any remedy provided for
herein (provided, however, that said thirty (30) day period shall
be extended if the defaulting Party has initiated the cure of said
default and is diligently proceeding to cure the same).
D. If a Party to this Agreement shall fail to perform
any of its obligations hereunder, the Party affected by such
default shall give written notice of the default to the defaulting
Party, and if the defaulting Party shall have failed to cure the
default within thirty (30) days after the receipt of the default
notice (provided, however, that said thirty (30) day period shall .
be extended if the defaulting Party has initiated the cure of said
default and is diligently proceeding to cure the same), then in
addition to any and all other remedies that may be available, the
Party affected by the default shall have the right (but not the
obligation) to take such action as in its reasonable discretion
shall be necessary to cure the default. In such event, the
defaulting Party hereby agrees to pay and reimburse the party
affected by the default for all reasonable costs and expenses
- 19 -
•
(including, but not limited to, reasonable attorneys'
incurred by it in connection with action taken to fees)
default. cure such
The Defaulting Party shall not be entitled to an
recapture rights or sewer or water tap -on credits to the extent o any
its default, of
and the party undertaking the obligation of the
defaulting Party shall be entitled to recapture or sewer or
tap -on credits to the extent of its undertaking of the add water
obligations. additional
E. The failure of a Party to insist upon the strict
prompt performance of the terms, covenants and conditions and
contained, or any herein
y of them, upon the Party imposed, shall not
constitute or be construed as a waiver or relinquishment of such
Party's right thereafter to enforce any such t
terms, covenants,
agreements or conditions, but the same shall continue in full forc
and effect, e
ARTICLE XIV
CAPTIONS AND DESIGNATIONS EXHIBITS
Paragraph numbers and caption headings are purely
descriptive and shall be disregarded in construing this Agreement.
All exhibits to this Agreement are expressly incorporated ressl inco g Bement.
herein by
this reference.
ARTICLE XV
SEVERABILITy
If any provision, clause, word or designation of this
Agreement is held to be invalid by any arbitrator or cou rt of
competent jurisdiction, such provision, clause, word or designation
- 20 -
IN WITNESS WHEREOF, the Parties have affixed their
signatures hereto and caused this Agreement to be executed by their
duly authorized corporate officers all as of the day and year first
above written.
AERO
HE ,S PARTNERSHIP
By:
STANDARD BANK AND TRUST COMPANY
LAND TRUST NO. 1597
Its:
'4/4,0 0
r
Scanlan, AVP & T.O.
Attest:
Its:
Donna Diviero, A.T.O.
ZCULPATORY CLAUSE ATTAC
GND MADE A PART HEREOF.. D ILEUTia
VILLA
By:
Its:
MO T
reside vl
Attest idt/-4(e..—d2
Its: ���
JURINEK & RISKUS, INC., an
Illinois corporation
Its: Se -
RA( RWCFMOBLCFAVA
BANK OF CHICAGO /GARFIELD RIDGE ,D,2/27%L%
TRUST NO. 9225, As Trustee and not Ply
By:
I t s : Land Trust Officer
Attest: 5=61QJ
Its: SR. Pf— 6,0e4 -&-
- 22 -
All representations and undertakings of BANK OF CHICAGO
as trustee as aforesaid and not ind+idjnliv are .those of ks
beneficiaries only F•.w "iy 's y ar E„c►'•d be
acse:.d z _ :•:,t L. :. z.r= rridh'vi� ruonnity tits ti r00ult 01
the signing of this instrument.
STATE OF ILLINOIS )
COUNTY OF COOK ) SS
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that John Jurinek
personally known to me to be the President
President and Laddie Drahos
respectively, of JURINEK & RISKUS, INC. Secretary,
and personally known to me to be the persons ois
subscribed to the foregoing instrument, appeared person and severally acknowledged that as such
President me this day
President and
Secretary of said corporation, and
caused the corporate seal of said corporation to be affixed
thereto, pursuant to authority
said. corporation, as their free and voluntary Board a Directors ah free of
and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this 6th day of
June 1996 .
My Commission Expires:
"OFFICIAL SEAL"
SHARON M. LADEWSKI
Notary Public, State of Illinois
My b(�foinissieh Expifes March 28, 1999
?s-v ar w• Cyar '�.`�r.'N'�aryvs�w•s'•s•w.ovi
STATE OF ILLINOIS )
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that Andrew F. Maletich, Sr.,
personally known to me to be the a
Partner and Alan D. Dineff , a Partner , respectively, of
AERO HEIGHTS PARTNERSHIP, an Illinois partnership, and personally
known to me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and
severally acknowledged that as such Partnersand
of said partnership, and caused the corporate seal of
said partnership to be affixed thereto, pursuant to authority given
by the Board of Directors of said partnership, as their free and
voluntary act, and as the free and voluntary act and deed of said
partnership, for the uses and purposes therein set forth.
Given under my hand and official seal, this 6th
June , 1996.
Notary Publi
My Commission Expires:
day of
"OFFICIAL SEAL"
SHARON M. LADEWSKI
Notary Public, State of Illinois
My 88fliffiffrsI fl ZipIf@6 Mirofl 28, 1599
STATE OF ILLINOIS )
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that Bridgette W. Scanlan, A ,
personally known to me to be the AVP & T.O.
Timmtis and Donna Diviero, A.T.O. xey,
respectively, of STANDARD BANK AND TRUST COMPANY LAND TRUST NO.
15097, an Illinois corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged that as such AVP & T.U.mt and A.T.O.
36=0Wilty of said corporation, and caused the corporate seal of
said corporation to be affixed thereto, pursuant to authority given
by the Board of Directors of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this 5th day of
June 1996.
Notary Publ c
My Commission Expires:
A A. KROUK
f',cri ;issin!` Expires £-14.97
CO
t7)
0
STATE OF ILLINOIS )
COUNTY OF COOK ) SS
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that Brid ette W. Scanlan
personally known to me to be the
dent and Donna Diviero A.T.O. & T.O.
respectively, of STANDARD BANK AND TRUST COMPANY '
15097, an Illinois corporation, and LAND TRUST ,
the same personally known to me to be
persons whose names are subscribed to the foregoing
instrument, appeared before me this day in
acknowledged that as such AVP & T.U. y person and severally
Sig of said corporation, and causeo and A.T.O.
said corporation to be affixed thereto corporate authority given
of
by the Board of Directors of said corporation, as the givnd
voluntary act, and as the free and voluntary free and
corporation, for the uses and purposes therein csetnforth. of said
Given under my hand and official seal, this 5th
June 1996. day of
Notary Publi
My Commission Expires:
scAL
KRULtK
- r tat,, o! iih;,e.;s
4 t7
,')
STATE OF ILLINOIS )
SS
COUNTY OF COOK
*BANK CF CHUM F/K/A
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that GECRGIMMC. LCS.R O
personally known to me to be the LAND 'a1' C FICR
kNINAAACZ and n'Tmr.n A SPATT7.Vic SP VICE P ES1TTNTr
respectively, of *BANK OF CHICAGO /GARFIELD RIDGE LAND TRUST NO. 92-
2-5, an Illinois corporation, and personally known to me to be the
same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged that as suchrarfirrrnst-offici.r xibmoudgdmol and at. vICEpRESICENT
xoftggftgErc of said corporation, and caused the corporate seal of
said corporation to be affixed thereto, pursuant to authority given
by the Board of Directors of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this loth day of
Time , 1996.
"OFFICIAL SEAL"
Dolores Reinke
Notary Public, State of Illinois
My Commission Expires Mar. 21, 1998
Notary Public
My Commission Expires:
EXHIBIT A
LEGAL DESCRIPTION FOR
ROLLING MEADOWS OF LEMONT
THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EASTERLY
300 FEET OF THE NORTHERLY 726.00 FEET OF SAID NORTHWEST 1/4, ALL IN
COOK COUNTY, ILLINOIS.
PIN: 22 -31- 101 -006 and 22 -31 -101 -001
PROPERTY ADDRESS: SOUTH OF 127TH STREET AND EAST OF SMITH ROAD,
LEMONT, ILLINOIS 60439
r
EXHIBIT B
AERO HEIGHTS
LEGAL DESCRIPTION
LECAL DESCRIPTION
AERO HEIGHTS
PARCEL 1: The North West 1/4 of the South
West 1/4 of Section 30, Township 37 North,
Range 11 East of the Third Principal Meridian,
in Cook County, Illinois
PARCEL 2: The East 16.50 feet of the South
1/2 of the West 1/2 of the South West
fractional quarter of Section 30, Township 37
North, Range 11 East of the Third Principal
Meridian, in Cook County, Illinois
PARCEL 3: The South 1/2 of the West 1/2
(except the East 16.50 feet and also except
the West 375 feet of the East 391.50 feet of
the South 260 feet thereof and except the West
8 acres thereof) of the South West fractional
quarter of ,Section 30, Township 37 North,
Range 11 East of the Third Principal Meridian
PARCEL 4: The West 8 acres of the South 1/2
of the West 1/2 of the South West fractional
quarter of Section 30, Township 38 North,
Range 11 East of the Third Principal Meridian
PARCEL 5: The South 177.93 feet of that part
of the West 1/2 of the North West fractional
quarter of Section 30, Township 37 North,
Range 11 East of the Third Principal Meridian,
lying South of the Chicago and Alton Railroad
Company right of way in Cook County, Illinois
P.T.N. 22 -30 -101 -032 22-30-300-001
22-30-302-002 22 -30 -101 -033
22 -30- 300 -002 22-30 -302 -004
EXHIBIT C
WATER MAIN EXTENSION
SCALE
SKETCH PLAN .
UTILITY EXTENSIONS
_.
-�� EXIST. SAN. SEWER
PROPOSED IE " SAN. SEWER
": E100'
EXIST. WATERMAIN
PROPOSED 12" WATERMAIN
I- 355 R.O.W.
* The proposed sleeve and its installaion
are subject to final Vi11atge approval.
The Village may elect not to have it installed.
ZERO LANDINGS /ROLLING MEADOWS \DOYiA
ROWS tN(,INIrRIt1NG, INC.'.
OFF SITE UTILITIES fei'Wtuv r'd n itt,b,,, "141724"
STATE OF ILLINOIS )
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that Richard A, Kwasneski
personally known to me to be the Mayor of Lemont and
Charlene Smollen Village Clerk, respectively, of the VILLAGE OF
LEMONT, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such Mayor
and Village Clerk of said Village, and caused the corporate seal of
said corporation to be affixed thereto, pursuant to authority given
by the Board of Directors of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this /014—day of
, 1996.
UTILITY AND ANNEXATION PARTICIPATION AGREEMENT EXHIBITS
A- Legal Description of Jurinek & Riskus property
B- Legal Description of Aero Landings of Lemont, Inc. property
C- 'Route for Water Main
D- Route for Sewer Main
EXHIBIT I5
SANITARY SEWER LINE EXTENSION
SCALE
SKETCH PLAN
UTILITY EXTENSIONS
�/' EXISt SAN. SEWER
800
EXIST. WATERMAIN
PROPOSED 12° WATERMAIN
1 - 358 RO.W.
* The proposed sleeve and its installaion
are subject to final Vi11as§e approval.
The Vilia4e may elect not to have it installed.
4ERO LANDINGS /ROLLING MEADOWS
2FF SITF t /TILITIF.S
.001r
C; u�Ny(ANlT.ItlNC, INC.
Iai�w"3tI"SSANIVti.Roh,.;. r urm 114,17.71,',1
EXHIBIT E
RECAPTURE ORDINANCE
VILLAGE OF LEMONT
ORDINANCE NO.
RECAPTURE AGREEMENT FOR SEWER AND WATER
This Ordinance and Recapture Agreement for Sewer and Water
Main construction costs (hereinafter, the "Ordinance and
Agreement ") is made by and between the Village of Lemont, Cook,
DuPage and Will Counties, State of Illinois, an Illinois municipal
corporation (hereinafter, the "Village "), and JURINEK & RISKUS,
INC., an Illinois corporation (hereinafter, "J & R "), and AERO
HEIGHTS PARTNERSHIP, (hereinafter, "AERO "), J & R and Aero,
(jointly hereinafter, "Partnership ") are sometimes referred to
herein individually as a "Party" and jointly as the "Parties ".
W I T N E S S E T H:
WHEREAS, J & R is the beneficial owner of one hundred percent
(100 %) of the beneficial interest in Marquette National Bank Land
Trust No. 9567, the land trust which is the record owner of
approximately seventy -six (76) acres of real property which is
located in unincorporated Lemont Township, Cook County, Illinois;
WHEREAS, J & R is requesting annexation of the J & R Property
to the Village, and the Village has approved the development of its
Property with residential and commercial uses;
WHEREAS, AERO is the beneficial owner of one hundred percent
(100 %) of the beneficial interest in Bank of Chicago /Garfield Ridge
Land Trust No. 92 -2 -5, dated February 22, 1992, the land trust
which is the record owner of approximately seventy -eight (78) acres
of real property which is located in unincorporated Lemont
Township, Cook County, Illinois;
WHEREAS, AERO is requesting annexation of the AERO PROPERTY -to
the Village and proposes to develop its property with residential
and commercial uses;
WHEREAS, the Village is requiring J & R and AERO to construct
water mains and sanitary sewers longer and larger than necessary
for their respective developments to be built to service their
respective properties as a condition of the acceptance of their
respective preliminary and final plats, final planned unit
development plans and /or building permits for their respective
property;
WHEREAS, the water and sewer mains will benefit an area well
beyond the Property owned by AERO and J & R;
WHEREAS, the area which will be benefited is contained on a
map attached hereto as Exhibit A;
WHEREAS, the benefitted area which is depicted on Exhibit A is
comprised of 450 acres located in Cook County and 106 acres located
in Will County; and
WHEREAS, this Agreement and Ordinance are considered and made
pursuant to 65 ILCS 5/9 -5 -1.
NOW, THEREFORE, in accordance with 65 ILCS 5/9 -5 -1 of the
Illinois Compiled Statutes, and in consideration of the foregoing
recitals and of the covenants and conditions hereinafter contained,
the adequacy of which the Parties hereby acknowledge, it is hereby
ordained by the Village and agreed by the Parties that the
Recapture Agreement for Sewer And Water for Aero Heights and
Rolling Meadows shall be as follows:
2
1. Recitals. The foregoing recitals are material to this
Ordinance and Agreement and are incorporated herein as though fully
set forth in this Paragraph 1.
2. Costs. The cost of construction of the Sewer and Water
Main (including, without limitation, costs of materials,
construction, installation, easements, rights -of -way and all legal
and engineering fees and expenses), for purposes of this Agreement
has been estimated to be $300,000.00 plus annexation and easement
acquisition costs and expenses (hereinafter "expenses ") with the
total sum to be based upon actual costs of construction, including
any sum over $1,200,000 per the Annexation Agreement, and
"expenses" and Village incurred expenses (hereinafter collectively
"Costs ").
3. Benefited Area. In order to effect a fair and
equitable allocation of the construction costs for the Sewer Main
and Water Main among those who will be benefitted by connection to
the Sewer Main, it is hereby determined that Partnership shall be
entitled to recover the Costs with interest on the unpaid balance
thereof at the interest rate of prime plus two percent (2 %)
compounded annually from the.date of this Ordinance and Agreement
from the person or persons from time to time owning all or any part
of the land area legally described in Exhibit B hereto and depicted
as the Cook County property on Exhibit A hereto (hereinafter, the
"Benefited Area "). Exhibit B is incorporated herein by this
reference.
The recapture charge for the 106 acres of Will County
property will be a one time recapture charge of $500,000 due
3
Partnership with the first water or sewer connection charge for the
VILLAGE system.
The one time charge is based upon the fact that required
design of the water and sewer lines is intended to serve the. 106
acres should it develop, the Partnership expended money on legal,
engineering and construction costs to insure the 106 acres can be
served, and it is speculative at this time whether the property
will ever develop or be approved to connect to VILLAGE water or
sewer service.
4. Recapture Fees. Before any lot or parcel within the
Cook County Benefited Area shall be connected directly or
indirectly to the Sewer Main and /or Water Main the applicant for
such connection shall pay to Village Clerk an amount calculated by
dividing costs by acres for each acre of land within the Benefited
Area to be connected together with an interest charge thereon
calculated in the manner prescribed in Paragraph 3 of this
Ordinance and Agreement. Fractional acres shall be charged a pro -
rata share of the required sum of money. The monies obtained
pursuant to this Paragraph 4 are hereinafter referred to as
"Recapture Fee(s) ". In addition to collecting Recapture Fees, the
Village Clerk shall collect from each applicant an administrative
fee for the Village in the amount of two percent (2 %) of each
Recapture Fee (including interest thereon).
5. Payment to Owner. The Village Clerk shall pay all
Recapture Fees upon receipt thereof until Partnership has recovered
the aggregate of its Costs, together with interest thereon; the one
time recapture charge for the 106 acres of Will County property, if
applicable, will be paid at the time provided; all Recapture Fees
4
thereafter received by the Village Clerk, along with all
administrative fees, shall be deposited to the general fund of the
Village for uses and purposes appropriate thereto.
6. Collection. The Village shall collect Recapture Fees
at the time water and sewer connections are requested. Further,
Village shall not issue any permits within the Benefited Area until
the required Recapture Fees have been paid. The Village may bring
suit to enforce collection of same. Partnership may bring suit on
behalf of the Village to collect any Recapture Fees due and owing.
In the event Partnership prosecutes a collection lawsuit, the
Village shall cooperate by allowing Partnership full and free
access to its books and records concerning the annexation and
development of properties within the Benefited Area and the
collection of Recapture Fees. Neither the Village nor any of its
officials shall be liable for monetary damages for failure to
collect Recapture Fees.
7. Other Fees. Nothing herein shall limit or in any way
affect the rights of the Village to collect other fees and charges
pursuant to Village ordinances, resolutions, policies or practices,
including, but not limited to, water and sewer connection,
inspection, permit and tap -in fees, which fees and charges shall be
in addition to the Water Recapture Fees.
8. Ownership and Maintenance. Upon acceptance of the
Sewer Main and Water Main the same shall become the property of the
Village. The Village, without cost to Partnership, shall maintain
and repair the Sewer Main in accordance with Village maintenance
policies and ordinances in effect from time to time.
5
r
9. Contract. This Ordinance and Agreement constitutes.a
contract between the Parties and may be amended by the Parties from
time to time without the consent of any other person owning land
within the Benefited Area, or any other person paying Recapture
Fees after the date of the enactment hereof.
10. Conflicting Ordinances. All ordinances or parts of
ordinances in conflict with this Ordinance and Agreement are hereby
repealed.
11. Term. This Ordinance and Agreement shall be binding
on the Parties and described property for a term of fifty (50)
years from the date hereof, provided, however, that interest on the
unpaid balances of the Recapture Fees shall cease to accumulate
after the tenth anniversary date of this Ordinance and Agreement.
The Village's ownership and maintenance of the improvements shall
be perpetual.
12. Notice. Any notice or other communication which may be
desired or required pursuant to this Ordinance and Agreement shall
be in writing and shall be deemed given if personally delivered or
via overnight courier service or deposited in United States
certified mail, postage prepaid, addressed to the intended
recipient at the addresses set forth below, or to such other
address as each Party may subsequently designate by notice in
accordance herewith:
If to the Village: Village of Lemont
418 Main Street
Lemont, Illinois 60439
Attention: Village Administrator
with a copy to:
John Antonopoulos
Village Attorney
15419 - 127th Street, Suite 100
Lemont, Illinois 60439
6
If to Rolling Meadows:
If to Aero Heights:
Jurinek & Riskus, Inc.
c/o Alexander Domanskis, Esq.
Shaw, Gussis, Fox & Domanskis
111 W. Washington Street, Suite 707
Chicago, Illinois 60602
Aero Heights
c/o Robert D. Goldstine, Esq.
Goldstine, Skrodzki, Russian,
Nemec and Hoff, Ltd.
7660 W. 62nd Place
Summit, Illinois 60501
Alan D. Dineff
7646 West 63rd Street
Summit, Illinois 60501
Notices shall be deemed received on the third business day
following deposit in the U.S. Mail, if given by certified mail as
aforesaid, and upon receipt or refusal if personally delivered or
via overnight courier service.
13. All Actions Taken. The Village confirms that it has
taken or shall take all actions required by law to enable it to
execute this Ordinance and Agreement and to perform the covenants
and conditions of this Ordinance and Agreement.
14. Captions. Rolling Meadows and /or Aero Heights, jointly or
individually, may assign their rights and obligations under this
Ordinance and Agreement so long as notice of such assignment is
given to the Village within thirty (30) days of such assignment.
15. Amendment. This Ordinance and Agreement and any
exhibits attached hereto may be amended only by the mutual consent
of the Parties and adoption of an ordinance by the Village
approving said amendment, and the execution of said amendment by
the Parties or their successors in interest.
16. Governing Law. This Ordinance and Agreement shall be
governed by and construed in accordance with the laws of the State
of Illinois.
7
17. Estoppel Certificates. A Party, or its successors, may
request and obtain from the other Party, or its successors, a
letter of resolution stating (1) whether this Ordinance and
Agreement is in full force and effect, (2) which covenants and
requirements of this Ordinance and Agreement have been performed,
(3) that no Party is in default, the nature and extent of such
default, (4) the nature and extent of any amendment or modification
to this Ordinance and Agreement, and (5) the amounts of Recapture
Fees, interest charges and administrative fees collected by the
Village Clerk pursuant to this Ordinance and Agreement and the
amounts paid to Rolling Meadows and Aero Heights.
18. Severabilitv. If any provision, clause, word or
designation of this Ordinance and Agreement is held to be invalid
by any court of competent jurisdiction, such provision, clause,
word or designation shall .be deemed to be excised from this
Ordinance and Agreement and the invalidity thereof shall not affect
any other provision, clause, word or designation contained herein.
19. Recording. Partnership shall present this Ordinance
and Agreement to the Recorder of Deeds for Cook County within
thirty (30) calendar days after its execution by the Village and
Rolling Meadows and Aero Heights.
20. Effective Date. This Ordinance and Agreement shall be
in full force and effect from and after its adoption, approval and
publication by the President and Board of Trustees of the Village.
Adopted this day of , 199_
Ayes:
Nays:
Abstain:
Absent:
8
ATTEST:
Village Clerk
ATTEST:
Approved:
9
Village President
The terms and covenants herein
are agreed hereto:
JURINEK & RISKUS, an Illinois
corporation
RO 1 IGHTS OF LEMONT
ANDREW F.
TICH, SR.
STATE OF ILLINOIS )
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that TORN Jue(NE14
personally known to me to be the
President and bw atos Secretary,
respectively, of JURINEK & RISKUS, INC., an Illinois corporation,
and personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day
in person and severally acknowledged that as such
President and Secretary of said corporation, and
caused the corporate seal of said corporation to be affixed
thereto, pursuant to authority given by the Board of Directors of
said corporation, as their free and voluntary act, and as the free
and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this 5 day of
, 1996.
OFFICIAL SEAL
ELEANOR J. YANKOVICH
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 6-19-99
Notary Publi
My Commission Expires:
STATE OF ILLINOIS )
) SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that Richard A. Rwasneski
personally known to me to be the Mayor of Lemont and
Charlene Smollen Village Clerk, respectively, of the VILLAGE OF
LEMONT, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such Mayor
and Village Clerk of said Village, and caused the corporate seal of
said corporation to be affixed thereto, pursuant to authority given
by the Board of Directors of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this /O/b day of
1996.
Ji
Notary Pub
My
1
Com eWINLAkp i r
NOTARY PUBLIC, STATE OF ILLINOIS
EXHIBIT F
RECAPTURE MAP FOR SANITARY SEWER LINE AND WATER MAIN LINE
EXHIBIT G
PARK, SCHOOL AND LING RMEAD REQUIREMENTS
MEADOWS OF LEMONY
`,AND /CASH SCHEDULE -- ROLLING MEADOWS
U ; Type Elementary /Jr. High High School Park District Library District
2 Bedroom $178.65 $24.41 $711.07 $258.57
3 Bedroom $692.69 $97.96 $1,067.85 $388.31
4 Bedroom $1,042.07 $424.40 $1,361.00 $494.91
5 Bedroom $1,315.00 $443.38 $1,579.79 $574.47