O-987-96 06/10/969D30'723
RFCORDING
11555 TRAM 749? 10/02/97 frz.4F00
14011 :• VF" *-97-7307"23
E • i %;. UW W: i1:t'}ER
VILLAGE OF LEMONT
ORDINANCE NO. g12-47
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 78 ACRE PARCEL
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
SMITH ROAD AND 127TH STREET, IN LEMONT, ILLINOIS
(Aero Heights)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /0 day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, Illinois, this /0 day
of , 1996.
, 1996.
�
ORDINANCE NO. 907
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 78 ACRE PARCEL
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
SMITH ROAD AND 127TH STREET, IN LEMONT, ILLINOIS
(Aero Heights)
WHEREAS, the legal owners of record of the territory which is
the subject of an Annexation Agreement are ready, willing and able
to enter into said agreement and perform the obligations as
required therein and;
WHEREAS, a copy of said Annexation Agreement has been attached
hereto and included herein; and
WHEREAS, the statutory procedures provided for in the Illinois
Municipal Code for the execution of said agreement have been fully
complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND
WILL, STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1: That the President
directed, and the Village Clerk is
known as "AER LANDINGS OF LEMONT
/day of , 1996, (a
and made a pa t hereof).
be and is hereby authorized and
directed to attest to a document
ANNEXATION AGREEMENT" dated the
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, COU IES OF COOK, DuPAGE, AND WILL,
ILLINOIS, on this 76 day of (- 4�-2� , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
v
V
ARLENE SMOLLEN,
III
,kiiik11*-A._
RD A. 17 ` Village President
Approved by me this / day ,1996.
Attest:
e %G��
��
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -30- 300 - 001;002;003
22 -30- 302 - 002;004;
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of June,
1996, by and between the VILLAGE OF LEMONT, a Municipal corporation of
the State of Illinois (hereinafter referred to as "VILLAGE ") , and AERO
LANDINGS OF LEMONT, and BANK OF CHICAGO /GARFIELD RIDGE n /k /a BANK OF
CHICAGO, not personally, but as Trustee under Trust Agreement dated
February 27, 1992, and known as Trust No. 92 -2 -5 (hereinafter
collectively referred to as "OWNERS "). The VILLAGE and OWNERS are
herein collectively 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, OWNERS constitute all of the persons and corporations
having an interest in the real estate hereinafter described and the
development thereof; and
WHEREAS, the real estate consists of approximately 78 acres
located North of 127th Street and East of Smith Road, in
unincorporated Lemont Township, Cook County, Illinois; and
1
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t:Ef,a!
WHEREAS, said real estate hereinafter described 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 parties hereto wish to enter into a binding
agreement with respect to the annexation of the real estate to the
VILLAGE, subject to certain conditions as provided herein, and
pursuant to the provisions of 65 ILCS 5/11- 15.1 -1 et seq. of the
Illinois Complied Statutes; and
WHEREAS, the Corporate Authorities of 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 real estate, and enhance and promote
the best interests of the VILLAGE; 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, pursuant to the provisions of 65 ILCS 5/11- 15.1 -1 et
seq. of the Illinois Compiled Statutes, the Corporate Authorities of
the VILLAGE have held a public hearing on this Annexation Agreement in
the manner required by law and all other public hearings including
2
Plan Commission and other actions by the Corporate Authorities of the
VILLAGE required to be held and taken prior to the adoption of this
agreement in order to make the same effective have been held and
taken, including all hearings required in connection with the zoning
provisions of this agreement, all requisite hearings having been held
pursuant to notice as required by law and in accordance with all
requirements of law, prior to the execution of this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises tD
and covenants of the parties hereto, it is agreed by and between the .1
W
said parties as follows:
1. That the Preambles shall be incorporated in and constitute
W
a part of this Agreement.
2. That this Agreement is made pursuant to and in accordance
with the provisions of 65 ILCS 5/11- 15.1 -1 et. seq. of the Illinois
Compiled Statutes.
3. This Agreement shall be applicable to and relate to the
following described real estate, to wit:
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.I.N. 22 -30- 101 -032
22 -30- 302 -002
22 -30- 300 -002
22 -30- 300 -001
22 -30- 101 -033
22 -30- 302 -004
4. OWNERS, subsequent to execution of this Agreement, agree
to reasonably file with the VILLAGE Clerk of the VILLAGE or with the
Clerk of the Circuit Court of Cook County, Illinois, a certain
Petition or Petitions in conformance with 65 ILCS 5, Article 7, of the
Illinois Compiled Statutes, requesting annexation of the
above - described real estate to VILLAGE.
5. VILLAGE agrees to pass upon filing of such Petition or
entry of such Court orders 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 VILLAGE, said
Ordinance or Ordinances to be passed as soon as possible after the
Petition is filed or order entered.
6. The parties hereto acknowledge that the real estate may be
annexed through the manner set forth in 65 ILCS 5/7 -1 -2 of the
Municipal Code. In the event the OWNERS have made a good faith effort
4
to voluntarily annex the real estate and those voluntary efforts have
been unsuccessful, the OWNERS will file a Petition pursuant to 65 ILCS
5/7 -1 -2, the VILLAGE agrees to promptly intervene in said case and
fully cooperate in annexing the real estate.
7. VILLAGE agrees to pass within a reasonable time after
passage of the Ordinance annexing the real estate an Ordinance or
Ordinances pursuant to the Zoning Ordinance of the Village, to amend
said Zoning Ordinance and to (i) classify the 18 acres lying generally
south of the center of the pipeline easement in the B -3 Commercial
District and to classify the remaining (northern) portion of the real
estate in the R -4 Residential District, including the existing landing
strip, subject to the following provisions and understandings:
A. The Zoning Districts shall be located as depicted on the
map entitled "Proposed Zoning Plan ", dated January 24,
1995, revised to February 6, 1995, prepared by Planning
Design Consultants;
B. VILLAGE acknowledges that a Residential Planned Unit
Development with an overall density not exceeding 2.98
units per acre and which includes townhome units as an
exceptional use as part said Development on the said R -4
Residential District zoned real estate will, upon
application and hearing for such purposes, be approved by
the VILLAGE;
5
C.
D.
That the residential development of the northern
approximate 59.4 acres of real estate will include only
single family and townhome type units; and
Attached for illustrative purposes is a drawing entitled
"Illustrative Concept Plan ", dated January 24, 1995,
revised to February 6, 1995, prepared by Planning Design
Consultants which drawing depicts 2.98 units per gross
acre, and OWNERS may apply for approval
pursuant to Paragraph 7(B).
8. In addition to the above Zoning Districts and conditions
of
said plan
the VILLAGE
development
residential
VILLAGE ordi
9.
1
shall, to the extent reasonably possible, authorize the
of Aero Heights in one or more phases in both the
and in the commercial district, subject to the applicable
nances.
At the time of development (when the Special Use Planned
Unit Development Permit is issued for the residential district and the
construction of public improvements is commenced), OWNERS agree to
construct or cause to be constructed and installed at their own
expense, certain public and private improvements in accordance with
plans and specifications prepared by a professional engineer and
reasonably approved by the VILLAGE.
The improvements, public and private, shall include streets,
pavements, curbs, gutters, water mains, valves, fire hydrants, storm
and sanitary sewers, street lights, sidewalks, stormwater control
6
facilities, and street signs all of which are located within the
development.
Any dedicated roads in the commercially zoned area of the real
estate will be public improvements and water mains, valves for mains,
fire hydrants, sanitary sewer mains and roads located within the 78
acre site. Any other improvement for the 78 acres of real estate is
a private improvement, including the roads in the residentially
developed portion of the real estate and any detention ponds to the
extent the VILLAGE does not request conveyance of said ponds to the
VILLAGE.
Security to guarantee completion of public improvements within
the real estate may be either in the form of a letter of credit in
conformance with VILLAGE ordinance or a performance bond issued by a
company with its principal offices in the United States and which is
financially sound subject to reasonable approval by the VILLAGE.
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 of equal
to 115% of the cost of the uncompleted improvements plus 10% of the
cost of any completed improvements.
Regarding use of a performance bond in lieu of the letter of
credit, VILLAGE agrees to reasonably accept same provided OWNERS
submit evidence to the VILLAGE that the surety company is financially
sound and that the surety has a record of reasonably fulfilling bond
7
requirements which it guarantees, including causing the reasonable
completion of work in cases of default.
10. In the event the VILLAGE identifies a buyer for the entire
78 parcel of real estate which is proposing to develop the entire site
in conformance with the VILLAGE regulations relating to office,
commercial and industrial development and the buyer is offering terms
and price which are reasonably acceptable by the OWNERS, the OWNERS
will sell the entire parcel to the said buyer.
11. The parties acknowledge that OWNERS, in cooperation with )
the owners of the "Rolling Meadows of Lemont" project, are, at VILLAGE
request, extending oversized water and sanitary sewer main lines fromc
the existing locations at 127th and Timberline Drive (water) and New 1.3
W
Avenue and Timberline Drive (sewer), respectively, along routing
requested and approved by the VILLAGE and at the VILLAGE's request.
The OWNERS are initially contributing $150,000.00 toward the cost of
the construction of said line extensions. For any amount the cost of
the main construction exceeds $1.2 million, the OWNERS shall pay one -
half (1/2) of said excess. The security to guarantee construction of
the off site line extension shall be in the form of either a letter of
credit or a performance bond. The amount of the security shall be
based upon 100% of the cost of uncompleted improvements plus 10% of
the cost of any completed improvements. 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
8
any defaults of projects for which performance bonds have been issued.
The construction of said water and sanitary sewer main lines shall
commence not later than six (6) months from the date of this
Agreement. Further, the construction of the water and sanitary sewer
line improvements shall be subject to the following agreements:
A. The Parties acknowledge that OWNERS and JURINEK & RISKUS,
INC. (Developers of Rolling Meadows to be located south of
127th Street) 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 approved by the
m IJ
VILLAGE and shown generally on Exhibit 14 attached hereto
and incorporated herein by reference. The construction of
the water and sanitary sewer line improvements shall be
subject to the following agreements:
(i) As the OWNERS and JURINEK & RISKUS, INC., are
jointly constructing the off -site improvements, the
agreement of the VILLAGE with OWNERS and JURINEK &
RISKUS, INC., for off -site improvements shall be
the same except as provided herein.
(ii) The Parties agree to use their best efforts in
obtaining the easements for the construction and
maintenance of the said water and sewer mains
located off the real estate (78 acre parcel). If
necessary the VILLAGE agrees to exercise its power
9
of eminent domain to obtain any easements and
rights of possession required by the OWNERS for the
installation of the public utilities which include
water and sanitary sewer mains to service the real
estate from the existing VILLAGE facilities. The
VILLAGE further agrees to expeditiously exercise
such power of eminent domain which may be required
or requested by OWNERS to obtain rights or right of
possession for sanitary sewer and water mains and
the location of the sleeve for the 7'etAre,. inch
(a ") water main on the northern end of the Smith
property as shown on Exhibit A . The OWNERS
further agree to reimburse the VILLAGE for fifty
percent (50 %) of its reasonable attorneys' fees and
acquisition costs in connection with the exercise
of the VILLAGE's power of eminent domain to acquire
any such easements or rights of possession with
JURINEK & RISKUS, INC. responsible for
reimbursement of the other fifty percent (50 %).
(iii) The VILLAGE agrees to the OWNERS' 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
10
CZ OC1. 2.6
VILLAGE agrees to adopt a recapture ordinance in
the form of Exhibit 13 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 benefited by the new sanitary sewer
main line as shown on Exhibit ,eC which is attached
hereto and is incorporated herein by reference and
by the water main line as shown in Exhibit G C.
which is attached hereto and incorporated herein by
reference. In addition to the costs of
construction, the recapture amounts shall include
the following:
a.
For purposes of recapture for the water main,
the VILLAGE and OWNERS 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 real estate. 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
11
recapture together with an interest rate of
prime plus two with the interest accruing not
more than ten (10) years;
b. For purposes of recapture for the sanitary
sewer main, the VILLAGE and OWNERS agree that
the amounts to be determined pursuant to the
"Utility
Agreement"
identified
are
the
and
Annexation Participation
and which are specifically
as "Certified Costs and Expenses"
the required expenditures to construct
said sewer line to service the real
estate. 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 OWNERS; and
c. 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. For example,
includes one
if the water
recapture area
hundred (100) acres, and a connection line
may serve fifty (50) acres, the person
12
connecting shall be responsible for fifty
percent (50 %) of the principal recapture
amount, plus interest at the time for that
area benefited 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 first.
d. The VILLAGE may collect up to a two percent
(2 %) administrative charge in addition to the
recapture amount to pay for its
administrative overhead in servicing this
Agreement.
(iv) The VILLAGE agrees not to favor one recapture
agreement area over another when recommending
utility hookups in the area which will be served by
the water main and sanitary sewer main constructed
by the OWNERS and JURINEK & RISKUS, INC. The
VILLAGE agrees that it shall not permit OWNERS of
occupants of those certain parcels of real estate
in the areas shaded on the area maps attached
a 4
hereto as Exhibit C for sanitary sewers, and
Exhibit L- for water or any person or party
13
the sanitary sewerage collection system and will make adequate
provision that this will not occur, and will further comply with any
other conditions and restrictions in the construction permit issued to
OWNERS and VILLAGE by the Metropolitan Water Reclamation District of
Greater Chicago.
VILLAGE agrees to permit connection of the public improvements
to be constructed on the real estate to the water and sanitary sewer
facilities of the municipality.
12. 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, OWNERS agree to furnish security for the
construction of the public improvements in the form and amount set
forth in Paragraph 9 which security amount the VILLAGE shall reduce
from time to time as improvements are constructed. Construction of
public improvements which shall be in accordance with the subdivision
regulations in effect on May 31, 1996, on -site and off -site, may
commence at different times with the approval of the VILLAGE Board or
VILLAGE Administrator. The final development plan shall contain such
restrictive covenants, drainage covenants and easement provisions as
are or were 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.
Further, the VILLAGE agrees to expeditiously approve a Final
Plat of Subdivision for each phase of the final development plan, and
16
as a prepayment of the applicable water and sewer
connection fees;
B. Three payments of $50,000.00 each, the first payment to
commence six (6) months after the aforesaid initial
payment of $50,000.00, the second payment due twelve (12)
months after the initial payment and the third payment due
eighteen (18) months after the initial payment; and
C. All of the aforesaid payments being treated as prepayment
of water and sewer connection charges and fees for permits
on the real estate. The Purchaser shall receive a dollar
for dollar credit for water and sewer connection charges
in a an amount not to exceed the amount paid or
$200,000.00, whichever is less at the time of permit
application. Further, the VILLAGE shall not look to the
OWNERS for any portion of the $200,000.00.
11. It is understood that permission for the construction of
those public improvements which require approval from the Metropolitan
Water Reclamation District of Greater Chicago, the County of Cook, or
any other governmental agency, must be obtained. 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. OWNERS agree to
construct any improvements required by aforesaid permit. OWNERS
understand and agree that no surface water is to be discharged into
15
claiming interest in such applicant's parcel or any
portion of such applicants 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 be based upon the
calculations set forth in the Recapture Ordinances
#982 which is based upon the OWNERS' cost of
constructing said water and sanitary sewer systems
and all appurtenances thereto.
In addition to the OWNERS' contribution of $1500000.00 toward the cost
of the construction of the off -site lines, the OWNZR'S
Purchaser /Developer which obtains developmental approval for the 78
acne parcel of real estate ( "real estate ") herein shall be Solely
responsible to pay the vILLAGE $200,000.00 toward the construction
cost of the off -site utility lines as follows:
A. $50,000.00 upon approval of a final plat of subdivision
for any portion of the real estate, which shall be treated
14
the Final Plat(s) shall be substantially in accordance with each
respective final development plan.
13. OWNERS agree to maintain and keep in repair the public
improvements that are constructed until such time as acceptance
thereof has been made by VILLAGE. If required, OWNERS agree 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.
14. OWNERS agree to pay the VILLAGE's water and sewer
connection charges in the amounts set forth in VILLAGE Ordinance for
the connections which will be included in each Final Subdivision Plat
phase being approved. Said amount shall be paid on a per unit basis
with the issuance of each building permit.
15. The OWNERS agree to pay the park contribution fee required
by Ordinance, and the amount of the contribution will be based upon
the number of units included the Final Subdivision Plat phase being
approved and shall be due at the time of Final Plat Approval or phase
thereof.
16. The OWNERS agree to pay the applicable contribution for
schools in accordance with VILLAGE Ordinance in an amount determined
by the number of units to be included in the Final Subdivision Plat
phase being approved.
17. The OWNERS agree to contribute to the VILLAGE the sum of
TWO HUNDRED FIFTY AND 00 /100 DOLLARS ($250.00) per lot, annexation
fee, for each lot which is included in the Final Subdivision Plat
17
phase which is being approved. Said sum shall be paid upon the
issuance of a building permit for each respective lot until the total
amount is paid.
18. The OWNERS agree to pay the required library contribution
fee in the amounts required by Ordinance at the time of Final
Subdivision or phase thereof is approved.
19. The parties agree that this Agreement shall be binding
upon and inure to the benefit of the signatories hereto and their
respective successors in interest and shall be binding on all
subsequent owners of the real estate herein described.
20. It is the intention of the OWNERS that any storm water
detention shall be on the residential site and will be maintained by
the Homeowners subject to VILLAGE approval. The OWNERS agree to
create covenants and restrictions of record requiring the Homeowners
Association and the Umbrella Association to maintain their detention
ponds which are built. Maintenance of said ponds will be the sole
responsibility of the Homeowners Association and the Umbrella
Association, and the VILLAGE shall have an easement of access so that
it may inspect the said detention areas. OWNERS agree to maintain or
cause to be maintained by the individual owner of said lots the said
detention ponds if constructed as shown on the plan described above.
However, an access easement shall be provided to VILLAGE for purposes
of checking the maintenance of the ponds.
21. The OWNERS agree to pay the VILLAGE for expenses incurred
and pay such permit, inspection and review fees as required by
18
Ordinance at the time such fees and expenses are incurred. However,
this paragraph is not intended to have a retroactive effect for
expenses incurred prior any Ordinance change.
22. The parties agree that the following shall apply to
building and occupancy permits once the Residential Planned Unit
Development is approved:
A. VILLAGE agrees to permit the construction of model units
at the time of the final Plat of Subdivision or phase
thereof. The models (4 single family residences and
townhome building) may be constructed in accordance with
VILLAGE Ordinances and may only be used as temporary sales
office and marketing offices until public utilities are
available for said models.
B. VILLAGE agrees to issue a permit within thirty (30)
working days after receiving the application for a
building permit for the residential area. If the permit
application is denied, the VILLAGE will specify within ten
(10) days of the thirty (30) day period whether said plans
failed to conform to the VILLAGE Ordinance and where the
specific non - compliance exists. If the application is
amended and approved, the permit therefore will be issued
within ten (10) working days thereafter.
C. 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 period advising
19
OWNERS specifically as to what corrections are necessary
to procure a certificate of occupancy. It is understood
that the certificate of occupancy will be issued within
five (5) working days. Temporary certificates of
occupancy may be issued in accordance with Paragraph E
below.
D. VILLAGE will issue no stop work orders directing work
stoppage on buildings or other work in the project without
setting forth the section of the VILLAGE Ordinances which
is allegedly being violated. Further, the OWNERS may
forthwith proceed to correct such violations as may be
identified and as exist. Other work may continue on any
structure or projects within the real estate not subject
to the stop work order as long as the action causing the
Stop Work Order does not reasonably effect any other
portions of the development. In addition, the work may
continue on any structure or other area in the
development, subject to the Stop Order, after
re- inspection by the VILLAGE indicates the violation,
which is the basis of the stop work order, has been
corrected. Re- inspection shall occur within two (2) days
of the OWNERS' request.
E. VILLAGE agrees to grant conditional Certificates of
Occupancy in accordance with the VILLAGE Building Code
20
when minor exterior work can not be completed due to
inclement weather per the Lemont Building Code.
23. 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 generally all builders prior to
this Agreement and to all builders in the VILLAGE hereafter
developing. Further, VILLAGE agrees not to change or modify its
Building Code with respect to this property to the extent the
modification would alter or change the minimum residential density
which has been approved by the VILLAGE as set forth in Paragraph 7(A)
above.
24. A
VILLAGE Ordinance; ex
advertising signs for uses o
may include a billboard type
sufficiently visible from the
VILLAGE agrees to c
Memo.,:...,,
• iv•rv.•w.•...
- e r
with
sed 1 -3
06 13
e property
ght elevation to be
adway. Further, the
er and grant variances from
• a-s •• .91•1111.•••a.f.•a111
•
41v s-f" i.w •.:
plicable
25. OWNERS agree to provide the VILLAGE "as built" engineering
plans and specifications after completion of the public improvements
if requested by the VILLAGE.
21
make plans and exit the Tollway to use the services
and /or uses located on the property;
c. the foregoing shall be based upon the average
person's sight ability and reaction ability for
determining how much distance is necessary to
safely exit the tollway for the use(s) advertised.
The foregoing standards are part of this Annexation Agreement because
the present regulations do not specifically address the future needs
of OWNERS owning and developing property at a tollway intersection.
25. OWNERS agree to provide the VILLAGE "as built" engineering
plans and specifications after completion of the public improvements
QD
if requested by the VILLAGE. .1
26. OWNERS agree to grant appropriate easements to Ca
Commonwealth Edison Company, NICOR, Illinois Bell Telephone Company, N
C)
and the duly authorized cable television company, for the installation
of electrical wiring, gas mains and phone service to serve said
Subdivision, and to delineate such easements on the final development
plan or plats of subdivision.
27. 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 his Certificate of Inspection
affirming that the improvements have been constructed in accordance
with approved engineering plans and Specifications. OWNERS agree to
convey by appropriate instrument and VILLAGE agrees to promptly
accept, subject to terms hereof, the public improvements.
28. OWNERS may maintain construction trailers on the real
estate in accordance with VILLAGE Ordinance, and OWNERS may maintain
a sales trailer until the model units are completed.
29. This Agreement shall be binding upon the VILLAGE and its
successors and upon OWNERS and their successors and assigns, and shall
be binding on any and all subsequent owners of the real estate herein
described for a period of twenty (20) years or as permitted by statute
as may be amended from time to time. However, the period shall not be
less than twenty (20) years. For purposes of this Agreement, a
"successor"
or
"assignee"
to 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 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.
30. Any party or its successor in interest to this Agreement
may either in law or in equity, by suit, action mandamus or other
proceeding enforce and compel performance of this Agreement.
31. The parties agree that there are no representations,
agreements or understandings between the parties hereto with respect
23
to the subject matter of this Agreement which are not included in this
instrument.
32. Should any provision or provisions hereof be declared
invalid for any reason whatsoever, said declaration of invalidity
shall affect only the provision
33. Any and all notices
one of three following methods:
A. Facsimile transmission
VILLAGE:
or provisions so declared invalid.
required hereunder may be served in
OWNERS:
WITH COPIES TO:
Further
to:
Village of Lemont
Attn: Village Clerk
418 Main Street
Lemont, Illinois 60439
Facsimile No.: (708) 257 -5087
Aero Landings of Lemont
c/o Andrew F. Maletich, Sr.
9701 Maplecrest Drive
Palos Hills, Illinois 60465
Facsimile No.: (708) 972 -0082
Goldstine, Skrodzki, Russian,
Nemec and Hoff, Ltd.
Attn: Robert D. Goldstine
7660 West 62nd Place
Summit, Illinois 60501
Facsimile No.: (708) 458 -0271
AND
Alan D. Dineff
7646 West 63rd Street
Summit, Illinois 60501
Facsimile No.: (708) 458 -5040
notice by facsimile transmission shall constitute
sufficient notice under the Contract. 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.
24
B. Receipted hand delivery to the parties at the addresses
listed in subparagraph A above.
C. Certified mail, return receipt requested, to the parties
listed in subparagraph A above.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed this 10th day of June, 1996.
ATTE :
Vi age Clerk
VILLAGE:
OWNERS:
*representations and undertakings of BANK OF CHICAGO
as trustee as aforesaid and not individually are those of its
beneficiaries only and no liability is assumed by or should be
asserted against BANK OF CHICAGO personally as a result of
the signing of this Instrument.
ATTEST:
gki,a6ot a / c
u
Sr. Vice President.
VILLAGE OF
a munici
By:
NT, ILLINOIS
oration
V rage President
BANK OF CHICAGO /GARFIELD RIDGE n /k /a
BANK OF CHICAGO, not personally,
but as Trustee under Trust
Agreement dated February 27,
1992, and known as Trust
No. 92 -2 -5
Bv:
II D /9�N e
Land TruttOfficer
DINGS OF LEMONT
By:
24
DREW F. ETCH, SR.
DINEFF
SCALE
1SXHIBIT A
SKETCH PLAN
UTILITY EXTENSIONS
IST. SAN. SEWER
1 800'
EXIST. WATER MAIN
AERO LANDINGS ROLLING MEADOWS
OFF SITE UTILITIES
DOYIM%
I,NtflNPIF,1014C, INC.
Ittlg.tINt) CIVIL ENCINEE113 IM+O SW1vfl'OR4
1A WUL 7t11EE1. UMONI. Uad. 4011} I'QI ? mo
9.'l -01.1-0L1- -
�z�o����
VILLAGE OF LEMONT
ORDINANCE NO. '70
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 Standard Bank and Trust
Company 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
CzLoCZ.L6
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
CZLOCL�s
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
PZGOELI.G
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
Village shall
access to its
development of
collection of
a collection lawsuit, the
cooperate by allowing Partnership full and free
books and records
properties
Recapture
concerning the annexation and
within the Benefited Area and the
Fees.
officials shall be liable
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.
Neither the Village nor any of
its
for monetary damages for failure to
5
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 twenty -five
(25) 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 Clerk
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. Severability. 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 /v9 {'- day of � , 199L.
el %
Ayes:
Nays:
Abstain:
Absent:
8
ATTEST:
illage Clerk
Approved
9
Village Pr- 'dent
The terms and covenants herein
are agreed hereto:
JURINEK & RISKUS, an Illinois
corporation
AE
By.
EIGHTS PARTNERSHIP
By:
ANDREW F. ICH, SR.,
One of its Partners
! ;g
ALAN D. ' FF,
One of its Part e s
EXHIBIT C