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O-62-99 07/26/199999757924 6929/0047 33 001 Rage 1 of 22 1999 -08 -10 10 :05 :16 Cook County Recorder 63.50 �pgq�p�pp ORDINANCE NO /I- AN - / ORDNANCE AUTHORIZING lilt EXECUTION OF AN ANNEXATION AGREEMENT FOR A 27.4 ACRE PARCEL GENERALLY LOCATED ALONG McCARTHY ROAD & STEEPLES DRIVE, DIRECTLY ABUTTLNG THE MT. VERNON CEMETERY (Kensington Estates) ADOPTED BY 1'HE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This tR6 44i day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Count's, Illinois, this day of 1999. 1999. ORDINANCE N0�. 99 99r7 S7984 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 27.4 ACRE PARCEL GENERALLY LOCATED ALONG McCARTHY ROAD & STEEPLES DRIVE, DIRECTLY ABUTTING THE MT. VERNON CEMETERY (Kensington Estates) 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 ORDALtiED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMOYST, 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 Kensington Estates Annexation Agreement" dated the of 1999, a copy of which is attached hereto and made a part hereof. SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUST hES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this A6 P?' day of 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker R, k , jeSK AYES NAYS PASSED ABSENT V v U v ENE SMOLLEN, Village Clerk Approved by me this cVt7 ' day of 1999. CHARLEtiE SMOLL i V illage Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 z: o rdinanc/kensing. exo ent P. Antono'oulos, Village Attorney 997x798 KENSINGTON ESTATES ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks, Miscellaneous V Easements and Utilities VI Development Codes and Ordinances and General Matters VII Approval of Plans VIII Notice of Violations IX Maintenance Bond X Damage to Public Improvements XI Contributions and Annexation Fee XII Water System Improvements Contribution XIII Binding Effect and Term and Covenants Running with the Land XIV Outlots XV Smitty Avenue Vacation XVI Notices XVII Signs XVIII Certificates of Occupancy XIX Warranties and Representations XX Continuity of Obligations ` i7S "1.)8 XXI No Waiver or Relinquishment of Right to Enforce Agreement XXII Village Approval or Direction XXIII Singular and Plural XXIV Section Headings and Subheadings XXV Recording XXVI Authorization to Execute XXVII Amendment XXVIII Counterparts VW( Curing Default XXX Conflicts Between the Text and Exhibits XXXT Severability XXXII Definition of the Village XXXIII Right of First Refusal to Purchase XXXIV Execution of this Agreement EXHIBITS TITLE A Legal Description of North Parcel B Legal Description of South Parcel C Plat of Annexation of Subject Property D Concept Plan E Preliminary Plat F Plat of Survey Wetlands Delineation G Tree Survey H Conditions 99757984 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 361 day of 1999, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of C ok, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and Edward T. Mansell Construction Company, (hereinafter referred to as "DEVELOPER") and WINTRUST ASSET MANAGEMENT COMPANY a/t/u trust No. LFT 1382 Dated 6/17/99, (hereinafter referred to as `OWNER ") collectively referred to as " OWNER/DEVELOPER"; and, WHEREAS, OWNER is the owner of record of the real estate the legal description of which is attached hereto as Exhibit "A" and Exhibit "B" by this reference made a part hereof; and which shall hereinafter be referred to as the "1 ERRITORY"; and, WHEREAS, the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et seq.; and, WHEREAS, the OWNER/DEVELOPER 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 Agreement. 3 9975'798 NOW, 111 REFORE, 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 1 ERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of this agreement , 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "C ". 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 ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcels shown on the plat of annexation attached as Exhibit "C" shall be classified under the existing zoning ordinance, as amended, as R -5 PUD to permit 45 single family detached residences and 12 single family attached residences. Prior to the date of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been conducted upon proper notice, and no further action need be taken by the OWNER/DEVELOPER to cause the 1 ERRITORY to be rezoned as a R -5 PLD District once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with the Preliminary Plat, attached hereto and incorporated herein as Exhibit `1)", the Plat of Survey /Wetlands Delineation, attached hereto and incorporated herein as Exhibit "E ", and the Tree Survey, attached hereto and incorporated herein as Exhibit 'F ", and in accordance with the Conditions #1 through #9 as set forth in Exhibit "G ", attached hereto and incorporated within. Except for the portion of the development designated for townhomes, (shown as Lots 46 & 47 on the Preliminary Plat, Exhibit "E ") all uses in the TERRITORY shall conform to those uses listed in the R-4, Single Family Residential District. 2. The OWNER/DEVELOPER/DEVELOPER and VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable Final Plat of Subdivision, including Final Engineering Plans and Specifications have submitted to an approved by the VILLAGE, in accordance with the Zoning Ordinance and Subdivision Ordinance of the VILLAGE and this agreement. The townhome lots shall be further divided by a resubdivision or tax division to provide an individual parcel for each townhome unit, unless the division is accomplished via a condominium. If individual tots are provided, said lot division lines shall extend from the front lot 4 99757984 line to the furthest rear lot line, thus creating no common areas with Lots 46 & 47. 3. Building Permits. Within 30 days after receipt of an application by OWNER/DEVELOPER for a building permit for construction of any buildings, or other improvements on the TERRITORY, the VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such construction subject to satisfaction of specified conditions consistent with the terms of this Agreement, or issue a letter of denial of such permit specifying the basis of said denial by reference to the provisions of the VILLAGE's Building Code applied in accordance with this Agreement, which the subject construction would allegedly violate. If the VILLAGE conditionally approves such a permit, the VILLAGE shall issue the permit unconditionally within five (5) working days after satisfaction by the OWNER/DEVELOPER of the specified conditions. 4. The VILLAGE agrees to permit the construction of up to (4) model units by the DEVELOPER only chosen from lots 12, 13, 14, 15, 19, 20, 21, 22, or 23, after the approva any final plat of Subdivision The models will be constructed in accordance with VILL • G E Ordinances and may only be used as temporary sales offices and marketing offices in accordance with Village codes. 5. The OWNER/DEVELOPER, and /or contract purchaser of the OWNER/DEVELOPER, shall be allowed, after recording of the Final Plat and utilities to subject area, to begin construction and obtain permits for townhomes which have frontage on Steeples Road. 6. Any stop order issued by the VILLAGE directing work stoppage on any building or other improvement on the TERRITORY shall specify the section of the VILLAGE's Building Code allegedly violated by the OWNER/DEVELOPER and shall give the OWNER/DEVELOPER 30 days in which to cure or diligently commence cure of such violation. Upon correction of any such violation, work on any improvement subject to a stop order may recommence. 7. 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 R -5 PUD at the time of the execution of the Agreement shall be denied to the OWNER/DEVELOPER, 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 R -5 PUD District. 5 III REQUIRED IMPROVEMENTS 1. Water Supply. OWN.ER/DEVELOPER shall construct and install at their 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 the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. OWNER/DEVELOPER shall construct and install at their 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 the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. OWNER/DEVELOPER 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. Recapture fees required by the VILLAGE are set forth in ordinance no: 0 -62 -98 titled "Oaktree /Steeples Recapture Agreement" and only affects P.I.N. 22- 27- 202 -001. Tap -on fees required by the Village shall not be waived. All detention areas and storm sewers shall be owned and maintained by the OWNER/DEVELOPER (with the OWNER/DEVELOPER having the right to deed said detention areas and storm sewers to a Homeowners Association), with right of access by the VILLAGE for emergency maintenance purposes. 3. Recapture. Subject to Ordinance 0- 62 -98, approving a recapture agreement for Ranquist Home Builders and McArcher Development for the extension of water and sewer mains in the vicinity of McCarthy Road and Archer Avenue, the OWNER/DEVELOPER shall be required to pay recapture fees, as established by said ordinance, for connecting the TERRITORY to said water and sewer mains. The Ordinance, as set forth above, only affects P.I.N. 22 -27 -202 -001. Further, if OWNER/DEVELOPER do not connect their water and sewer to the Oaktree and/or Steeples Subdivision then there shall be no recapture. IV DEDICATION AND CONSTRUCTION OF STREETS: SIDEWALKS; MISCELLANEOUS Streets. All streets shall be installed by the OWNER/DEVELOPER. All streets required 6 99'757984 by Village Ordinance in accordance with the Preliminary Plat shall be constructed by OWNER/DEVELOPER. No additional improvements are required by the VILLAGE upon completion and acceptance by VILLAGE. Also, OWNERiDEVELOPER shall be required to keep all public streets adjoining the 1 ERRITORY free from mud and debris generated by any new 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/DEVELOPER 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 access for Oxford Court onto Steeples Road shall be in accordance with separate traffic control ordinances approved by the Village Board. 2. Sidewalks & Parkway Trees. OWNER/DEVELOPER shall be required to construct sidewalks along the public rights -of -way. Also, if at a future date the VILLAGE establishes a special assessment district for the installment of sidewalks, parkway trees or other infrastructure improvements along or near to McCarthy Road, which includes the TERRITORY in said district, OWNER/DEVELOPER shall not object to the establishment of such a district. 3. Dedications. A 50 -foot wide right -of -way dedication as measured from the center line of McCarthy Road is required. All intended rights -of -way, sanitary sewer, public water, storm sewer, and other utilities shall be dedicated to the VILLAGE as Public Improvements. 4. 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 each phase of 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. V EASEMENTS AND UTILT1'LES The OWNER/DEVELOPER agrees to rant to the VILLAGE, and/or obtain and grant to the VILLAGE, all necessary easements for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements, which may serve not only the TERRITORY, but other TERRITORY in the general area, if requested by the VILLAGE in the future. 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/DEVELOPER 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/DEVELOPER' option, upon approval of the respective utility company. A 10 foot wide outlot behind lots 17 -30 (variable width) and 40-46 (constant width) shall be added in accordance with Exhibit `E ". If approved by the OWNERJDEVELOPER's wetland consultant, J.F. New & Associates, the 10 foot easement along the lake and wetlands shall be planted with wetland type vegetation. VI DEVELOPMENT CODES AND ORDLNANCES AND GENERAL MATTERS. The development of the TERRITORY annexed 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 is issued. Planning and engineering designs and standards 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. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNER/DEVELOPER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by OWNER/DEVELOPER may be commenced at any time after OWNER/DEVELOPER 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/DEVELOPER engineer's estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required streets, lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private, and after approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds be utilized by the OWNER/DEVELOPER 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 \ ILLAGE 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. OWNER/DEVELOPER, at OWNERDEVELOPER's own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public 8 `.19757984`, 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 \TILLAGE 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. OWN.ER/DEVELOPER 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/DEVELOPER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER/DEVELOPER' 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. The VILLAGE will not draw upon the Letter of Credit if OWN.ER/DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day notice period. Construction access shall be allowed only off St. James Way and/or McCarthy Road, and Smitty Avenue or east thereof. No construction access shall be permitted off Steeples Road except for townhomes which have frontage on Steeples Road. VII APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER/DEVELOPER. 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/DEVELOPER in writing of the specific objection to any such submission so that OWN.ER/DEVELOPER can make any required corrections or revisions. VIII 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/DEVELOPER, so the O`V R,DEVELOPER may forthwith proceed to correct such 9 99'751984. violations as may exist. Moreover, the OWN.ER/DEVELOPER 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 OWN.ER/DEVELOPER 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. IX 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/DEVELOPER 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. X DAMAGE TO PUBLIC IMPROVEMENTS The OWNER/DEVELOPER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER/DEVELOPER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWN.ER/DEVELOPER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. 10 XI CONTRIBUTIONS AND ANNEXATION FEE 1. The OWNER/DEVELOPER shall make cash contributions and pay an annexation fee at the time a final plat of subdivision is filed with the VILLAGE, in accordance with the ordinances . of the VILLAGE. If a final plat of subdivision is filed within one (1) year of the effective date of this Agreement, the required contributions and annexation fee shall be as follows: Elementary School District $39,931.00 Junior High School District $25,828.00 High School District $26,059.00 *Park District $52,064.00 Library District $33,769.00 Village of Lemont $29.400.00 TOTAL: $207.051.00 2. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time of such final plat submittal. For purposes of this agreement, when computing the amount of contributions to be paid, it shall be assumed that one hundred percent (100 %) of the single family, detached dwellings contain four (4) bedrooms; one hundred percent (100 %) of the single family attached dwellings ( "townhomes ") contain three (3) bedrooms. All contributions and the annexation fee cited in this section shall be due and payable upon approval of the final plat of subdivision by the VILLAGE. * The Park District contribution, besides the $52,064.00, shall include the deeding over of ownership of Outlot "A" tot he Park District within sixty (60) days of the date of Final Plat recording. XII WATER SYSTEM LMPROVEMENTS CONTRIBUTION The OWNER/DEVELOPER shall contribute to the VILLAGE the cost of expanding the VILLAGE water supply system to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that one thousand dollars ($1000.00) shall be paid for each single- family unit and 11 seven hundred fifty dollars ($750.00) for each single family attached unit. XIII BL' DING Er N ECT AND TERM AND COVENANTS RUNNLNG 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, The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE 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. It is further agreed that any party to this Agreement, either in law or in equity, by suit, action, mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have other such relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XIV OUTLOTS Outlot "A" shall be conveyed to the Park District. Outlot `B" and "C "; shall be retained by the OWNER/DEVELOPER or solely at their option transferred to an adjacent property owner. 3. Outlot "D" shall be transferred (deeded) to a Homeowners Association. XV SMITTY AVENUE VACATION The OWNERDEVELOPER has petitioned the VILLAGE for a vacation of the east fifty (50) feet of Snotty Avenue. The vacation petition (Public Hearing) shall be heard in a reasonable time period and the final plat approval is subject to said vacation of Smitty Avenue. The Preliminary Plat shall be approved subject to said vacation of the east fifty (50) feet of Smitty 12 Avenue. In the event that Smitty Avenue is not vacated the OWNER/DEVELOPER will resubmit an amended Preliminary Plat reflecting the non - vacation. OWNER/DEVELOPER shall reimburse the VILLAGE for this vacated land at a rate of $85,000.00 per acre. The VILLAGE shall deposit this amount into the General Fund Open Space Fund. XVI 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, IL 60439 3. Village Administrator 418 Main Street Lemont, IL 60439 For OWNER: 1. Peter Coules. JR.. Atty at Law 15 Salt Creek Lane. Suite 312 Hinsdale, Illinois 60521 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XVII SIGNS The OWN. ER/DEVELOPER shall be allowed to construct two (2) Development signs. The Development signs shall contain only the name of the development, the address and telephone number of the of the owner and/or agent, the number, size, type and price of lots and/or units, not 13 99757984 exceeding one- hundred (100) square feet in area. Maximum height to the top of such signs shall be fifteen (15) feet. One such sign shall be permitted on McCarthy Road at the Subdivision entrance and the other at the northwest corner of Archer and Steeples Drive upon approval of the Cook County Building Department (if necessary). Development signs shall be removed within seven (7) days after (90 %) percent of the lots are issued temporary or permanent certificates of occupancy. XVIII CERTIFICATES OF OCCUPANCY 1. Within five (5) days after request by OWNER/DEVELOPER for a final inspection of a building within the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such building or issue a letter of denial of a certificate of occupancy identifying the correction necessary as a condition of a certificate of occupancy and specifying the section of the Building Code relied on by the VILLAGE in its request for correction. 2. The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for structures between November 1st and June 1 if weather prevents the OWNER/DEVELOPER from completing grading, landscaping. and exterior concrete or asphalt work for any such structure (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/DEVELOPER 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. XIX WARRANTIES AND REPRESENTATIONS The OWNER/DEVELOPER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the OWNER/DEVELOPER as legal title holder. ?.That the OWNER/DEVELOPER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER/DEVELOPER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 14 99757984 4. That OWNER/DEVELOPER 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. XX CONTLNITITY 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/DEVELOPER, OWNER/DEVELOPER 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/DEVELOPER and from any all of such obligations. XXI NO WAIVER OR RELLNOUISHMENT 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. 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 granting such approval have been met unless such requirements are inconsistent with this Agreement. III SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. 15 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. KKV RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER/DEVELOPER within 30 days after the execution hereof. XXVI 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/DEVELOPER 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. X1XVH AMENDMENT 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. XXVIII COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. 16 XXIX CURING DEFAULT It is understood by the parties hereto that time is of the essence of this Agreement. The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. 9975'798 XXX 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. XXXI SE VERABILITY 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. XXXII 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. I RIGHT OF FIRST REFUSAL TO PURCHASE The owners of townhomes in the Steeples Subdivision; or their homeowners association shall have the right of first refusal to purchase lots 46 & 47 as shown on Exhibit 'E ". Said right shall not exceed the bid amount by a proposed bona fide developer of the townhouse lots. Said right shall extend to August 31, 1999. 17 9975'798w EXECUTION OF 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. ATTES Village Clerk OWNER: (V17. 1 %1 /ius f 5 567,�l�a feir `f" VILL an 111 18 OF LEMONT Municipal Corporation Village President ACKNOWLEDGMENTS STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) 99757984! I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that RICHARD A. KWASNESKI personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, 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 under my hand and official seal, this day of , 1999. Commission expires , 199_ Notary Public STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named /a l t,/-,- t° h 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 �n ( day ofG (l J 19 Commission expires 5/p,7 5 , 190_3 . Notary Public OFF CIA1 ,IL IOT AKI �: aR f4 T% _ " ,L,L040055 19 MY Ceti/lM 8510N )( ilE;3 : +3/26/03