O-89-99 11/22/1999LEMONT
Village of Faith
R2' 0 01195
MARY ANN STUKEL 25P
Will County Recorder
Will County
R 2000001195
PC1 Date 01/05/2000
Recording Fees:
Page 1 of 25
Time 09:10:59
36.00
For Recorder's Use Only
ORDINANCE NO. t%
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 7.42 ACRE PARCEL GENERALLY LOCATED
AT 17113 DAVEY ROAD, LEMONT ILLINOIS
(Jursa Property, Will County, Illinois)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This Ad-, day of yJ &.( A.) 1999.
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 �`Y4day
of tit o,,wk,l ico n J 1999.
ORDINANCE NO. 0 —k 4
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 7.42 ACRE PARCEL GENERALLY LOCATED
AT 17113 DAVEY ROAD, LEMONT ILLINOIS
( Jursa 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 Jursa Annexation Agreement" dated the
o?A7,, /l -r.-+ l`
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.
,2
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF ONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this
Ar day of heel' gAin 1999.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
Approved by me this �" "'day of r (J �j�(1999.
;.ttLw/A iJ
RIC • • KWASNESKI, Villa e President
aamedi
Village Clerk
JOH N AXT I rSPOULOS, Vil :ge Att. ney
Village of Lemont
418 Main Street
Lemont, IL 60439
' •f
R2OO8 01195
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 Village of Lemont pursuant to
and in accordance with Iinois Municipal Code Chapter 65 Illinois Compaed Statutes Section 5/7-1-8 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 laws 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
(Pri r ed4 Signed)
(Pie e Print & Sign)
(Sherry Jursa)
(Please Print & Sign)
(Please Print & Sign)
(Please Print & Sign)
ADDRESS
OWNER ELECTOR
(Check all that apply)
17113 Davey Road X X
Lemont, IL 60439
STATE OF ILLINOIS )
COUNTY OF WILL. )
1, the undersigned, a Notary public in and for said County Sherry Jursa
name is subscribed to the ty and State p0 HEREBY CERTIFY
and acknowledged personally known to me to be the
�Med ed that he/she, being Petition for Annexation, a person whose
for Annexation as that he o g thereunto duly authorized, siggnnedeand deliver said Petition
own free and voluntary � in person
GIVEN under my hand and official seal this 5,4 for the uses and purposes therein set forth.
�_____ day of
STATE OF ILLINOIS )
COUNTY OF WILL )
Notary Pub
is
"OFFICIAL SEAL"
JULIE LYNN MASS
NOTARY PUELIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 9/19 /2000
4_, 19 99
I, the undersigned, a Notary public in and for said County
name is subscri ,Personally knovavnnaState to be HEREBY CERTIFY
and acknowledged to the foregoing Petition for Annexation, appeared that he /she, being ppeared before me this day In person
for Annexation as hislher own free and voluntary act, for the uses thereunto duly authorized, signed and delivered said Petition
GIVEN under my hand and official seal this sand purposes therein set forth.
--�_ day of
, 19
Notary Pu'ic!
2 ( 1
EXRTB A
TO ANNEXATION AGREEMENT BETWEEN
VILLAGE OF LEMONT AND SH!RRY JURSA
THAT PART OF THE NORTH 11.952 ACRES OF THE NORTHWEST QUARTER OF TI-E
NORTI-MAST QUARTER OF SECTION 24 AND THAT PART OF THE WEST HALF OF THE
SOLIMEAST QUARTER OF SECTION 13, ALL IN TOWNSHIP 37 NORTH, RANGE 10
EAST OF THE THIRD PRLVCIPAL MERIDIAN DESCRIBED AS CONLMENCING AT THE
SOUTHWEST CORNER OF SAD SOUTHEAST QUARTER OF SECTION 13; THENCE
NORTH 1 DEGREE 39 MLYC,TES 43 SECONDS WEST ALONG THE WEST LLtiE OF SAID
. SOLTHEAST. QUARTER OF SECTION 13, A DIST ANCE OF 538.2 FEET -T-0 APO -FIE ..
CENTERLC E OF DAVEY ROAD; THENCE NORTH 57 DEGREES 22 MINUTES 2
SECONDS EAST ALONG SAID CEyTFRLLtiE OF DAVEY ROAD 455.00 FEET FOR THE
POINT OF BEG:D.7MM; THENCE SOUTH 4 DEGREES 21 MINUTES 45 SECONDS EAST
1150.47 FEET TO THE SOUTH LINE OF THE AFORESAID NORTH 11.952 ACRES; THENCE
NORTH 86 DEGREES 45 MasitTES 42 SECONDS EAST ALONG SAID SOUTH LLNE 264.28
FEET; THENCE NORTH 4 DEGREES 21 MINUTES 45 SECONDS WEST 1297.72 FEET TO
THE CENTERLNE OF DAVEY ROAD; THENCE SOUTH 57 DEGREES 22 MTh. VMS 22
SECONDS WEST ALONG SAID CENTERLINE OF DAVEY ROAD 300.00 FEET TO TEE
POINT OF BEGNNNG, ALL SITUATED N W LL COUNTY. ILLNOIS, CONTANNG 7.42
ACRES MORE OR LESS.
This land is designated P.I.N. 02- 13- 400 -022
JURSA ANNEXATION AGREEMENT
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
Required Improvements
IV Dedication and Construction of Streets, Street Lights,
Sidewalks, Miscellaneous
V Easements and Utilities
VI Contributions, Annexation Fees and Property Tax Abatements
VII Development Codes and Ordinances and General Matters
VIII Approval of Plans
IX 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
XVIII No Waiver or Relinquishment of Right to Enforce Agreement
XIX Village Approval or Direction
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
R200 01195
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this oU -I- -1 day of /1 , 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 Sherry Jursa (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 VT[.[ AGE has considered the Annexation of the
TERRITORY described in the Petition and has determined that the best interest of the VILLAGE
will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the
provisions of the Agreement; and,
WHEREAS, the OWNERS and VILLAGE concur that the TERRITORY is strategically
located for future business use due to its proximity to the Internationale Centre Development, and
82000001195
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 VILLAGE 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 VII.LAGE to the far side of any adjacent highway not already
annexed and includes all of every highway within the TERRITORY so annexed.
II
ZONING AND LAND USE RESTRICTIONS
1. Upon the Annexation of the TERRITORY to the VTT .T AGE, 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 VILLAGE
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.
R200 0tJ
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
VIT.T.AGE, 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.
III
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 V1TJ,AGE 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
VILLAGE 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;
NIISCELLANEOUS
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
l(
R 2 00 0011
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 VILLAGE 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 VILLAGE.
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
VII.I.AGE's Subdivision Regulations. Dedication of additional areas for Davey Road shall only be
required if requested by the 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 OWN.ER'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, and/or obtain giants 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
/°2
8210000 195
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 VET.LAGE, 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 VZ or of any other Section of this
Agreement, for so long as OWNER or O`vNER'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 abatement of the VILLAGE portion of
real estate property taxes on such portions of the TERRITORY so owned and used by them cease
82000001
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.I.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 V1T .T AGE Board. The VILLAGE 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 and/or 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.
R20 01195
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 30t1v 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 OWNER's own cost, agrees to provide the VILLAGE "as built ", engineering
plans and specifications upon substantial completion of the public improvements or at the request of
the VILLAGE Engineer but in no event later than the time required by Ordinance No.456, as
amended.
It is agreed that all of the public improvements contemplated herein shall upon acceptance
thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal
facilities now in existence or hereinafter constructed and VII J AGE 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 VILLAGE. In addition, the VILLAGE, 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, provided,
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 (10) day notice period.
lS
82000001 95
VIII
. APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and
engineering submitted to VILLAGE by OWNER. IF VILLAGE ,AGE shall determine that any such
submission is not in substantial accordance with this Agreement and applicable ordinances, the
VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission
so that OWNER can make any required corrections or revisions.
IX
NOTICE OF VIOLATIONS
The VILLAGE will issue no stop orders directing work stoppage on building or parts of the
project without giving notice of the Section of the Code allegedly violated by OWNER, so the
OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER
shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building
Official from issuing a stop work order in any case where he considers a continuation of the work to
constitute a threat to the health or safety of the public or personnel employee on or near the site.
VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing,
proposed building code changes and policy changes or other matters which may affect the
TERRITORY of development of it under this Agreement.
X
MAINTENANCE BOND
At the time or times of acceptance by 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.
XI
DAMAGE TO PUBLIC IN[PROVE?IENTS
The OWNER shall replace and repair any damase to public improvements installed within,
under or upon the subject realty resulting from construction activities by OWNER, their successors
or assigns and their employees agents, contractors or subcontractors during the term of this
Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from
ordinary usage, wear and tear.
BINDING EFFECT AND TERM AND COVENANTS RUN [NG WITH THE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor
OWNER's of record of the TERRITORY, assignees, lessees and upon any successor municipal
authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of
execution hereof and any extended time that may be agreed to by amendment.
The terms and conditions of this Agreement relative to the payment of monies to the various
VILLAGE recapture funds, contributions to the VIT.T,AGE construction and/or dedication of public
improvements, granting of easements to the VILLAGE, dedication of rights -of -way to the VILLAGE
and the developmental standards established herein shall constitute covenants which shall run with
the land.
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
2. Village Clerk
418 Main Street
Lemont, 11 60439
3. Village Administrator
418 Main Street
Lemont, IL 60439
For the OWNER:
/7
Sherry Jursa
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
VTT.LAGE 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
REIMBURSEMENT OF LEGAL FEES
The VILLAGE shall pay for all OWNERS legal fees associated with the annexation and
annexation agreement review.
XVZ
WARRANTIES AND REPRESENI'ATIONS
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
11"
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.
XVII
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 RELINQUISHMENT 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 riven
only after and Wall requirements for granting such approval have been met unless such requirements
are inconsistent with this Areement.
77
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.
XXII
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE
at the expense of the OWNER.
XXIII
AUTHORIZATION TO EXECUTE
The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and
VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their
authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances,
partnership agreements, letters of direction or other documents required to legally evidence the
authority to so execute this Agreement on behalf of the respective parties.
XTV
VIEti DVIENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless authorized in accordance with law and reduced in writing and signed by them.
020
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.
XXVIII
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.
XXIX
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.
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first above written.
VILLAGE OF LEMONT
an unicipal Cprpor on
7
By:
e President
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
1'i n Ut - ela
_&12-4m s , deicL,
I, the undersigned, a Notary Public, in and for the County and Statb aforesai•, D BY
CERTIFY that personally known to me to be the President of the
Village of Lemont, and 91V,RidiNgylCfN891011LETIT, 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.
GIVENT under my hand and official seal, this
, 1999.
Commission expires
COUNTY OF COOK
0
dk AV _ 4L EAL
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8-12 -2000
day of
I, 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.
199
GIVEN under my hand and official seal, this day of
Commission expires , 199
Notary Public
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EXHIBIT 1
Jursa Rezoning
99.31