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O-90-99 11/22/1999
LEMONT Village of Faith 8200000 196 MARY ANN STUKEL 25P Will County Recorder Will County R 2000001196 PC1 Date 01/05/2000 Recording Fees: Page 1 of 25 Time 09:10:59 36.00 For Recorder's Use Only ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 22.58 ACRE PARCEL GENERALLY LOCATED AT 17025 DAVEY ROAD, LEMONT ILLINOIS (Dralle Property, Will County, Illinois) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This ax'` day of 744-1A-e./Li 1999. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DttjPage Count'es, Illinois, this ,T .. day of I,p. 11,01141)(A) 1999. R20000 01 96 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 22.58 ACRE PARCEL GENERALLY LOCATED AT 17025 DAVEY ROAD, LEMONT ILLINOIS ( Dralle Property, Will County, Illinois) WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as " The Dralle Annexation Agreement" dated thew -'.'of /t%c'�• -�� hereof. 1999, a copy of which is attached hereto and made a part 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. c2 R20000C 1196 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this et day of-Pirim,ntaiimi 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT t J Village Clerk Approved by me this ''c/t day of i1 1999. A. KWASNESKI, Village President OH ANTONOPOULQS, /illage Attorney r�Pc\r-c_o CA ¥- Village of Lemont 418 Main Street Lemont, H 60.139 tepifoz", 82000001 96 STATE OF ILLINOIS ) SS. COUNTY OF WILL IRREVOCABLE PETITION REQUESTING ANNEXATION TO THE VILLAGE OF LEMONT TO: THE VILLAGE CLERK, VILLAGE OF LEMONT, ILLINOIS We, the undersigned Petitioners, owners of record of all of the land herein requesting to be annexed, respectfully represent, under oath, that all conditions required for annexation to the Vi age of Lemont pursuant to and in accordance with lire Mtricipal Code Chapter 65 Illinois Compiled Statutes Section 517 -1-8 do hereby state under oath to wit 1. That the territory requested to be annexed is described as follows: (See legal description attached hereto on Exhibit `A' and made a part hereof) 2. That the described territory is not within the corporate limits of any municipality but is contiguous to the Village of Lemont, a municipality organized and existing under the taws of the State of Illinois. 3. That a Plat of Annexation showing the described territory is attached hereto and made a part of this Petition or will be provided prior to adoption of the Ordinance annexing said territory. 4. That this Petition is signed by all of the owners of record of all land in the described territory and at least 51 % of the electors residing in the described territory. 5. That this Petition is irrevocable once signed and submitted to the Village of Lemont by the owner(s) of record. WHEREFORE, your Petitioners respectfully request the Corporate Authorities of the Village of Lemont to annex the above described territory to the Village of Lemont. NAME (Printed & Signed) (Please Print & Sign) (Ann Draile ) (Please Print & Sign) (Please Prirrt & Sign) (Please Print & Sign) ADDRESS OWNER ELECTOR 7'2S Gi..J • .3-11/1 (Check alt that apply) =^3' . f -fie: X X Ierncr?t, IL 60439 82000 STATE OF ILLINOIS ) COUNTY OF WILL ) X01 X96 I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that Ann Draile , personally known to me to be the person whose name is subscribed to the foregoing Petition for Annexation, appeared before me this day in person and acknowledged that he/she, being thereunto duly authorized, signed and delivered said Petition for Annexation as histher own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this 3• day of July 19 99 frtaia0 Lt Notary Public "OFFICIAL SEAL" JULIE LYNN MASS NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 9 /19/2000 STATE OF ILLINOIS ) COUNTY OF WILL ) 1, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that , personally known to me to be the person whose name is subscribed to the foregoing Petition for Annexation, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Petition for Annexation as histher own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of 19 Notary Public 5- R20 )9OO 1 196 TO ANNEXATION AGREEMENT BETWEEN VILLAGE OF LEMONT AND ANN DRALLE THAT FART OF T'tdE NORTH. 11.952 ACRES OF THE NORTHWEST QUARTER OF THE N'ORTBEAST QUARTER OF SECTION 24, AND THAT PART OF THE WEST HALF OF THE SOU'T'HEAST QUARTER OF SE CITOV 13, ALL IN TOWNSHL2 37 NORTH, RANGE 10 EAST OF THE THIRD PRNCIPAL 341ERIDLAN DESCRIBED AS CONEMMICLNG AT THE SOUTHWEST CORNER OF SAID SOLT?T -MAST Q JARTEt OF SECTION 13; THENCE NORTH 1.DE r. =E 39MLN'LTES 43 SECONDS WEST ALONG-T W'ESZL.OF SAID SOUTHEAST QUARTER OP SECTION 13 DISTANCE OF 538.2 FEET TO A PONT LN THE CENTERLINE OF DAVEY ROAD; TB CE NORTH 57 DEGREES 22 IvfNu ES 22 SECONDS EAST ALONG SAID CENTERLINE OF DAVEY ROAD 755.00 FEET FOR THE PONT OF BEGLNNING; THENCE SOUTH 4 DEGREES 21 NiNUTES 45 SECONDS EAST 1297.72 FEET TO THE SOUTH LLNE OF THE AFORESAID NORTH 11.952 ACRES; THENCE NORTH 86 DEGREES 45 MLN 'TES 42 SECONDS EAST ALONG SAID SOUTH LLtiE TO THE EAST LINE OF AFORESAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24; THENCE NORT_ERLY ALONG SAID EAST LINE AND EAST LINE OF AFORESAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 13 A DISTANCE OF 1589.81 FF2T TO TILE. CE`TERINE OF DAVEY ROAD; THEN Cn. SOUTH 57 DEGREES 22 MINUTES 22 SECONDS WEST ALONG SAM CE`"T.ERLI E 798.57 FEET TO TIE POLNT OF BEGI NLYG; ALL SITL. ATED D DLTPAGE TOWNSI-ITP, WILL COUNTY, II-LtioIS, CON"TALN NG 22.5824 ACRES MORE OR LESS. This land is designat d s 02- 13- 400 -015 and 02- 13- 400 -027 ARTICLE I II III IV V VI R20000 96 D AT LE NNEXATION A RF MENT TITLE Annexation Zoning and Land Use Restrictions Required Improvements Dedication and Construction of Streets, Street Lights, Sidewalks, Miscellaneous Easements and Utilities Contributions, Annexation Fees and Property Tax Abatements VII Development Codes and Ordinances and General Matters VIII Approval of Plans LX Notice of Violations X Maintenance Bond XI Damage to Public Improvements XII Binding Effect and Term and Covenants Running with the Land XIII Notices XIV Provisional Occupancy Permits XV Reimbursement of Legal Fees XVI Warranties and Representations XVII Continuity of Obligations No Waiver or Relinquishment of Right to Enforce Agreement XY Village Approval or Direction 7 XX XXI XXII XXIII XXIV XXV XXVI XXVII XXVIII XXD( XXX R2000001 1 96 Singular and Plural Section Headings and Subheadings Recording Authorization to Execute Amendment Counterparts Curing Default Conflicts Between the Text and Exhibits Severability Definition of the Village Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property R200000 196 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and Ann Dralle (hereinafter referred to as "OWNER "). WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof, and, WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, the parties hereto desire the TERRITORY, which is contiguous to the VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing.: and, WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Areement; and, WHEREAS. the OWNERS and VILLAGE concur that the TERRITORY is strate:icalll located for future business use due to its proximity to the Internationale Centre Development. and 8200000 196 Will County location; and WHEREAS, the potential benefits to the VILLAGE warrant the inclusion of incentives to encourage this annexation and rezoning to occur. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VIT.' AGE as promptly as possible upon execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II ZON NG AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as ORI, Office /Research/Industrial District. 2. The VILLAGE agrees at a subsequent time to approve a rezoning of all or part of the property to R -2 Single Family Residential District if requested by the OWNER. Said rezoning will require a public review by the Planning and Zoning Commission and approval by the `TILLAGE Board. Said rezoning shall not apply if all of the TERRITORY is developed uses permitted only in the ORI District. 3. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable final Plat of Subdivision (if applicable), including final engineering plans and specifications, has been submitted to and approved by the VILLAGE, in accordance with the VILLAGE Zoning Ordinance and Subdivision Regulations and this Agreement. 4. The VILLAGE shall waive all rezoning fees associated with the TERRITORY. The VILLAGE shall pay for all notices, document preparation, application and recording fees and engineering and surveying fees associated with the annexation of the TERRITORY. /0 R20 0001196 5. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the ORI District or the subsequent R -2 District at the time of the execution of the Agreement shall be denied to the OWNER, their successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, their successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the ORI District or the R -2 District as the case may be. f REQUIRED IMPROVEMENTS 1. Water Supply. OWNER shall be permitted to construct and install at its expense all necessary on -site water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities of Citizens Utilities. The VILLAGE shall assist in securing any off -site easements that may be necessary to extend such service to the TERRITORY. If water mains are not available to the TERRITORY, the OWNER may develop a well system on the TERRITORY in conformance with the VILLAGE and Will County codes. 2. Sanitary and Storm Sewers. OWNER shall be permitted to construct and install at its expense all necessary sanitary sewers to service the TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VII r AGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of Citizens Utilities. If sewer mains are not available to the TERRITORY, the OWNER may develop a septic system on the TERRITORY in conformance with the VILLAGE and Will County codes. OWNER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. IV DEDICATION AND CONSTRUCTION OF STREETS; STREET LIGHTS: SIDEWALKS; MISCELL.NEOU S 1. Streets. The OWNER shall provide access to the site. Upon development of the TERRITORY, the VILLAGE shall accept the construction of any proposed publicly dedicated streets upon the completion by OWNER of said improvements in accordance with the VILLAGE. The final R2000001196 wearing surface shall not be installed until a period of twelve (12) months after installation of the base, or upon request by the VILLAGE. Upon completion of the streets, OWNER shall be responsible for keeping the streets free from construction debris and for repair of damages to the streets caused by OWNER's construction traffic. The OWNER shall only be required to construct or pay for improvements required by the Village of Woodridge for Davey Road. Also, OWNER shall be required to keep all public or private streets adjoining the TERRITORY free from mud and debris generated by construction activity on the TERRITORY. Such streets must be cleaned at least once a week, and more often if required by VILLAGE in its sole judgement. For each day that the streets are not cleaned as required hereunder during construction, OWNER shall be subject to a fine as provided in the Subdivision Regulations. If any such fine is not promptly paid, the VTI T AGE shall have the right to stop any and all further construction until paid. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VIT.T.AGE. 2. Street Lights. Upon development of the TERRITORY, OWNER shall be required to install street lights in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 3. Sidewalks. Upon development of the TERRITORY, OWNER shall be required to construct sidewalks all in accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 4. Dedications. The OWNER shall dedicate to the VILLAGE all future interior streets within the TERRITORY when developed. Said streets shall be constructed in accordance with the VILLAGE's Subdivision Regulations. Dedication of additional areas for Davey Road shall only be required if requested by they Village of Woodridge. 5. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of way shall be included in the required letters of credit for the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. The OWNER's obligation to install the sidewalks or street trees shall not be assigned or transferred by the OWNER to a subsequent title - holder. EASEMENTS AND UTILITIES The OWNER agrees at the time of the development of the TERRITORY to grant to the VILLAGE, andior obtain grants to the VILLAGE of, all necessary easements for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements, which -tt R20QCOOI196 may serve not only the TERRITORY, but other territories in the general area. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER's option, upon approval of the respective utility company. VI CONTRIBUTIONS_ ANNEXATION FEES AND PROPERTY TAX ABATEMENTS 1. The OWNER shall not be required to make land/cash contributions or pay an annexation fee at the time a final Plat of Annexation is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. 2. Upon development of the TERRITORY with residential uses, the OWNER shall pay land/cash contributions in effect at the time of development. No land/cash fees shall be required for any development under the ORI zoning classification. 3. Impact Requirements. OWNER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate governmental interests of the VILLAGE, including, but not limited to, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public utilities, sheets, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. 4. The VILLAGE shall abate the VILLAGE portion of the property taxes during the term of this agreement until the OWNER sells or transfers the TERRITORY to a subsequent owner, or upon development of the TERRITORY or a portion thereof 5. Notwithstanding any provision in this Section VI or of any other Section of this Agreement, for so long as OWNER or OWNER's children and grandchildren hold title to any part of the TERRITORY, whether subdivided or remaining unsubdivided, and do not convert the same to purposes other than for their personal residences and residence yards. neither the OWNER nor her children and grandchildren shall be required to pay land/cash contributions or fees or impact contributions, dedications and donations in connection with such portions of the TERRITORY so owned and used by them, nor shall the abaternent of the VILLAGE portion of real estate property taxes on such portions of the TERRITORY so owned and used by them cease 820000 96 during the term of this Agreement. VII DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS The development of the TERRITORY annexed, and of each lot respectively encompassed by this Agreement shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development of each lot is issued. Planning and engineering designs and standards, and road construction and dedication of public improvements, shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. Notwithstanding the foregoing, the dollar amounts for the contributions set forth in Section VI above shall not be increased during the term of this Agreement; however, all other fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any building prior to the completion of the required public improvements, including operating street lights and street signs, except for the final surface course of the streets. Provided, however, the construction and installation of the public improvements to be done by OWNER may be commenced at any time after OWNER has delivered to VILLAGE an irrevocable letter of credit, in a form satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the amount of 125% of the OWNER'S Engineer's estimate of the cost of construction and installation of all such improvements as approved by the VILLAGE Engineer, including all required lighting, streets and street lights, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private. At no time shall the letter of credit funds be utilized for the future payment of contractors, materials salaries and wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of said letter of credit and therefore should not be used for time- sensitive payment purposes. The VIT.1 AGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to be reduced, from time to time, as major public improvements are completed, upon approval of the VILLAGE Board. The VII I.AGE agrees not to refuse reasonable requests to reduce or release a letter of credit provided that major components of public improvements are completed which are subject to the request, and provided that such requests are not excessive in number. The OWNER shall not be entitled to obtain any new construction building. permits, nor any sign permits, and shall not be entitled to construct any model units, signs, sales andior rental offices or any other appurtenant facilities unless and until the proper letter of credit or cash deposit has been made to the VILLAGE in accordance with the Subdivision Regulations of the VILLAGE. The letter of credit or cash deposit shall specifically include an amount to cover the cost of street trees and sidewalks as required by the Subdivision Regulations and this Agreement. /7 820000 196 All public improvements shall be constructed and initiated within two (2) years from the date of approval of the Plat of Subdivision; however, if the completion date falls after September 30th, the date shall be the following May 30th. The Plat of Subdivision shall contain such restrictive covenants, drainage covenants and easement provisions as are or were required by the President and the Board of Trustees as a condition to approval of the Plat of Subdivision. OWNER, at OWN.ER's own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer but in no event later than the time required by Ordinance No.456, as amended. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of credit provided for in this Agreement to remove any such debris on the TERRITORY, notwithstanding that such debris is located upon public or private property within the subdivision. The VILLAGE will not draw upon the letter of credit if OWNER removes the debris as directed by the VILLAGE within the ten (10) day notice period. OWNER agrees that any dirt stock piles resulting from the development of the TERRITORY shall be located in places as designated and approved by the VILLAGE, and for reasonable time period not to exceed the earlier of either five years or the date on which 85 percent of the number of homes to be built on the TERRITORY have been substantially completed, unless an extension is agreed to by the `TT T.AGE. In addition, the `ILLAGE, after providing OWNER with ten (10) days advance written notice. shall have the right to draw upon the letter of credit provided for in this agreement to relocate or remove any dirt stock pile which results from the development should they not be placed in an approved location or if the pile is causing a storm water drainage problem, or should it not be permitted to remain beyond the time period specified by the VILLAGE, prodded, however, that the VILLAGE will not draw upon the letter of credit if OWNER relocates or removed the stock piles as directed by the VILLAGE within the ten (1 0) day notice period. 75 82000001196 of • APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. IF VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so that OWNER can make any required corrections or revisions. IX NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. X VLaNTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period. then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. DAMAGE TO PUBLIC LV[PROVEMENTS The OWNER shall replace and repair anv damage to public improvements installed within. under or upon the subject realty resulting from construction activities by OWNER. their successors /(0 0001196 or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. • BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor OWNER's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof and any extended time that may be agreed to by amendment. The terms and conditions of this Agreement relative to the payment of monies to the various VITJAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VJT .T AGE, dedication of rights -of -way to the VILLAGE and the developmental standards established herein shall constitute covenants which shall run with the land. XIII NOTICES Unless otherwise notified in writing, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: 1. Village President 418 Main Street Lemont, IL 60439 Village Clerk 418 Main Street Lemont_ IL 60439 3. Vi11a_e Administrator 418 Main Street Lemont, IL 60439 For the OWNER: /7 8200000 196 1. Ann Dralle Davey Road Lemont, IL 60439 2. Thomas Wilson, Attorney Tracy, Johnson, Bertani & Wilson 116 N. Chicago Street, Sixth Floor Joliet, IL 60432 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XIV PROVISIONAL OCCUPANCY PERMITS The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for individual residences between November 1st and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior concrete or asphalt work for any such residence (it being understood that if other work remains to be done, no occupancy permit, provisional or otherwise, will be issued). As a condition of the issuance of any such provisional occupancy permit, the OWNER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XV REIMIBURSEMENT OF LEGAL FEES The VILLAGE shall pay for all OWNERS legal fees associated with the annexation and annexation agreement review. XVI WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the legal title holders and the OWNERS of record of the TERRITORY. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated 82000001196 under this Agreement. 3. That other than the OWNER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 4. That OWNER has provided the legal description of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct. CONTINUITY OF OBLIGATIONS Notwithstanding any provisions of this Agreement to the contrary, including but not limited to the sale and/or conveyance of all or any part of the TERRITORY by OWNER, OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released OWNER and from any all of such obligations. XVIII NO WAIVER OR REL.INQUISFE LENT OF RIGHT TO ENFORCE AGREEMENT Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. XIX VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for grantin,2 such approval have been met unless such requirements are inconsistent with this Areement. /7 • 82000001196 XX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXI SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER. xxm AUTHORIZATION TO EXECUTE The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and VTf T.AGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. X<YIV AN OND VIENT This Agreement sets forth all the promises, inducements, agreements. conditions and understandings between the parties hereto relative to the subject matter thereof. and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and sued by them. X2 0 0 96 xxv COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXVI CURING DEFAULT The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. XXVII CONFLICT BETWEEN THE TEXT AND EXHIBITS In the event of a conflict in the provisions of the text of this Agreement and the Exhibits attached hereto, the text of the Agreement shall control and govern. SEVERABILITY If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. K IX DEFINITION OF VILLAGE When the term VILLAGE is used herein it shall be construed as referring to the Corporate Authorities of the VILLAGE unless the context clearly indicates otherwise X3� ,2/ EXECUTION OF THIS AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective date of this Agreement. 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. VILLAGE OF LEMONT an Illinois unicipal C • rpora s; n OWNER 4Cte-& Ann Dralle R2OO0001196 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ACKNOWLEDGMENTS P-Amsrf euY C,\f\d'Ai mciA/1 N yCA 1, the undersigned, a Notary Public, in and fo ounty and State aforesaid, DO HEREBY CERTIFY that petso known to me to be the President of the Village of Lemont, and i , personally known to me to be the Village clerk of said municipal 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 Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN tinder my hand and official seal, this 7:2-Act day of o. Qi , 1999. Commission expires COUNTY OF COOK ) SS. ) ©FICI!L & AL %MAY YATES NOTAfY FOLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 042 -2000 1, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named 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 acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of 199 Commission expires . 199 Notary Public �3 144424 4-04 1443..4.444 7•10444.4i 14.4414. '40 4 3.n .•4l w 01•4E 11 1444 4 v .0.4 3.44 u. 4 a 44.443. 1221 401 4ts 4+.,31 44 00.0 0 4.451 41 6441E 434304 4'4..44. s•,.4 345100434 4024 44 43as 444*. 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