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O-55-99 07/13/1999Village of Faith '9757582 6929/0045 33 001 Page 1 of - �3 09:59:15 9 :1 Cook County Recorder 65.50 For Recorder's Use Only 11111111911911111111 ORDINANCE NO/ 2-5-5W AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL GENERALLY LOCATED AT 12785 ARCHER AVENUE, LEMONT, ILLINOIS (Ford Property) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 534'') day of ,.1 1,1 N 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 6 day of .�Iu I �) 1999. 99757982 ORDINANCE NO.O J 5 " ?9' AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL GENERALLY LOCATED AT 12785 ARCHER AVENUE, LEMONT, ILLINOIS (Ford Property) 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 Ford Annexation Agreement" dated the 44' of ..1 u (A7 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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this OK' day of JJ1� 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS, PASSED ABSENT ENE SMOLLEN, Village Clerk y 199'. kAA. • r• i A 77SNESKI, Village President Approved by me this I3 44' day r / CHARLENE SMO LEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 APPROVED : TO FORM n P. Antonopoulos, ttorney 99j';/ 98 CHARLES FORD. JR. 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 Contributions and Annexation Fee X Maintenance Bond XI Damage to Public Improvements XII Binding Effect and Term and Covenants Running with the Land XIII Notices XIV Certificates of Occupancy XV Warranties and Representations XVI Continuity of Obligations XVII No Waiver or Relinquishment of Right to Enforce Agreement XVIII Village Approval or Direction XIX Singular and Plural 99 7: i 982 XX Section Headings and Subheadings XXI Recording XXII Authorization to Execute XXIII Amendment XXIV Counterparts XXV Curing Default XXVI Conflicts Between the Text and Exhibits XXVII Severability XXVIII Definition of the Village XXIX Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Plat of Subdivision ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this /S M. 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 Martha Goode, (hereinafter referred to as "OWNER "), and Charles Ford, Jr.(hereinafter referred to as "DEVELOPER ") collectively referred to as "OWNERS /DEVELOPER "; and, 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, 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 Section 7 -1 -1, et. seq, of the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq. WHEREAS, 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 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 after contiguity with the VILLAGE limits are established. 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. 3. Notwithstanding that the TERRITORY is contiguous to the VILLAGE limits along the northwest property line, the OWNER/DEVELOPER acknowledges that contiguity of the TERRITORY or those nearby may be subject to legal challenge. The OWNER/DEVELOPER hereby agrees that it will not hold the VILLAGE responsible for any legal action, nor will the OWNER/DEVELOPER initiate any legal action against the VILLAGE should the TERRITORY be disconnected from the VILLAGE in the future. II ZONING 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 R -2 Single Family Detached Residential District. 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 TERRITORY to be rezoned as a R -2 Single Family Detached Residential District once the parcel is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with the preliminary plat, attached hereto an incorporated herein as Exhibit "C ". 2. Variations. A variation to allow a reduction of 80 feet in the minimum required lot width of 150 feet for Lots 1 & 2 shall be granted to the OWNER/DEVELOPER by the VILLAGE. 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 4 9975'7982 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. 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. 4. 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 -2 Single Family Detached Residential District 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/DEVELOPER, 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 -2 Single Family Detached Residential District. III REQUIRED IMPROVEMENTS 1. Water Supply. OWNER/DEVELOPER shall have the right 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 the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. The VILLAGE shall assist in securing any off -site easements that may be necessary to extend such service to the TERRITORY. Tap -on fees required by the Village shall not be waived. OWNER shall not be required to connect to or utilize the water facilities of the VILLAGE even if such facilities become available to OWNER in the future. 9975'7982 2. Sanitary and Storm Sewers. OWNER/DEVELOPER shall the right 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 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. Tap -on fees required by the Village shall not be waived. OWNER shall not be required to connect to or utilize the sewer facilities of the VILLAGE even if such facilities become available to OWNER in the future. 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. All detention areas and storm sewers shall be owned and maintained by the OWNER/DEVELOPER, with right of access by the VILLAGE for emergency maintenance purposes. IV DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKSz MISCELLANEOUS 1. Streets. All streets required have been developed and approved by the State or Cook County. No additional improvements are required by the VILLAGE. Also, the Village is aware that the current gravel road accessing the property, and the properties to the south, is currently being utilized for truck traffic as well as normal vehicle traffic. Therefore, the VILLAGE shall not be responsible for the maintenance or improvement of this driveway, and it shall be the responsibility of the OWNER/DEVELOPER to maintain the road in a condition acceptable to the VILLAGE, at all points adjoining OWNER's property. 2. Sidewalks & Parkway Trees. OWNER/DEVELOPER shall be required to pay cash -in -lieu for the construction of sidewalks, and the installation of parkway trees along the southern right -of- way of Archer Road. 3. Dedications. A 50 -foot wide right -of -way as measured from the center line of Archer Road shall be dedicated. Also, upon request of the VILLAGE, the OWNER/DEVELOPER agrees to dedicate additional right -of -way, not to exceed 66 -feet in width, for the improvement of the current gravel road onto Archer Avenue. This additional right -of -way shall run along the full length of the western property line of the TERRITORY. 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 6 997579S2 in the letter of credit for all other public improvements for the TERRITORY. The OWNER/DEVELOPER's obligation to install the street trees or sidewalks shall not be assigned or transferred by the OWNER/DEVELOPER to a subsequent title - holder. V EASEMENTS AND UTILITIES The OWNER/DEVELOPER agrees to grant to the VILLAGE, and/or 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 may serve not only the TERRITORY, but other territories 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's option, upon approval of the respective utility company. However, all such lines that are existing at the execution of this agreement servicing the existing structure shall not be required to be replaced underground. VI DEVELOPMENT CODES AND ORDINANCES 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 7 99`75'7982 satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the amount of 125% of the OWNER/DEVELOPER's Engineer's estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required 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 VILLAGE 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 OWNER/DEVELOPER'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/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 OWNER/DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day notice period. 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, 8 99'757982 the VILLAGE shall promptly notify OWNER/DEVELOPER in writing of the specific objection to any such submission so that OWNER/DEVELOPER can make any required corrections or revisions. VIII CONTRIBUTIONS AND ANNEXATION FEE 1. The OWNERS /DEVELOPER shall make cash contributions and pay an annexation fee at the time of application for a building permit for Lot #1 to the VILLAGE, in accordance with the ordinances of the VILLAGE. If application for a building permit for Lot #1 is made within one (1) year of the effective date of this Agreement, the required contributions and annexation fee shall be as follows: Elementary School District: Junior High School District: High School District: Park District: Library District: TOTAL: $594.00 $312.00 $259.00 $1396.00 $508.00 $3,069.00 2. If application for a building permit for Lot #1 is made more than one (1) year after the effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid at the amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time of such application for a building permit. 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/DEVELOPER, so the OWNER/DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER/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 OWNER/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. X MAINTENANCE BOND 9 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. XI 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. OWNER/DEVELOPER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XII 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/DEVELOPER'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 or longer if permitted by an amendment to State law during the term of this agreement. 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. 10 99'757982 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 2. Village Clerk 418 Main Street Lemont, IL 60439 3. Village Administrator 418 Main Street Lemont, IL 60439 For the OWNER/DEV , LOPER: sturing$ 1. Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XIV 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 997&'7932 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. XV 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. 2.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. 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. XVI 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/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. 12 99'1 3` 9Sf4 XVII 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. XVIII 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. XIX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XX 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. XXI 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. 13 99757982 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. XXIII 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. XXIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXV 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. XXVI 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. 14 997579S2 XXVII 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. XXVIII 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. 15 XXIX 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. VILL : G ` OF LEMONT an Il cipal C • rporation By ATTEST: By: Village Clerk OWNER/DEVELOPER: age Pre 'ident OWNER/DEVELOPER: By: '`.1 Title: 16 ACKNOWLEDGMENTS STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) `il `)r7S7`S2 I, the undersigned, a Notary Public, in and for the County and Sate 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 1 day of J �( Co mission expires .. • • FFICIAL SEAL ROSMAY YATES NOTARY FOLIO, STATE OF ILLI�IM19 MY COMMISSION EXPIRES 8.12 -2000 STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the r and tate aforesaid, DO HEREBY CERTIFY that the above -named 4't 1- VA a G o,& a iA A C (A acv. if . ref,- J v, 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 1 3 day of in 1 199 -1 . / Commiss} expires , 199 Notary Public 17 OFFICIAL 5E THOMAS A SAM BRICK NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION f, yv' ,ES:12/11 /04 :1757982 EXHIBIT A THE NORTH 208 FEET OF THE WEST 1047.35 FEET (EXCEPT THE EAST 523.62 FEET THEREOF) OF THE SOUTH '/ OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN#:22 -3 3 - 201- 018 -0000 EXHIBIT B 9975/982 Residential Surveying Service P.C. 108 Lee Lane Bolingbrook IL 60440 PH (630) 759 -0205 FAX (630) 759 -9291 ova c ao <a. � C r- err -rt •rycna✓ .aao iioc 'PLSfaB PLAT OF SURVEY Z___K EXHIBIT 4 Chuck Ford 99.09 EHELA9MAXCELILDEsugggasigli THE NORTH 308 FEET OF THE WEST 104735 FEET (ETVCEPT THE EAST 523.62 FEET THEREOF) OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THENORT1E.4ST w OF SECNON Si TOI:YNSHIP 37 NORTTC fL4NGE tt. EAST OF THE THZRD PRINCIPAL MERIDIAN IN COOK COUNTY, WWI/S. II JI 8 iI S'� OG TUB 1.1EY¢ oG -ry+E Ss= • '5,3-3'r- 1 1 /67 S23. -13' lute of Illinois l$S _aunty of Will .I Michael G. Herwy. an fl1nois Professional Land Surveyor. do hereby certify that I have surveyed the parcel of land aereon described and that the Plat hereon drawn is a correct representation of said survey. 7ated. this /2'' day of /� /.L . A.D.. 19 °5°' . at Bolingbrook. Illinois. `ittpnuartpr fir' / moo,,. G. y� �. _ tee. AF �i CLIENT � D 408 Na. 2iG _� %.�- - `y., more -rcfesslonal Land Surveyor No. 35 '.0 </ ,,Z7.3"7"..1. \:41 i. if i sum-ma s Z cal S;I,E OF :-./ or Building Lines. Easements and Ctner stnctions not shown hereon refer to your Deed. Title Policy. Ordinance. etc. i��'GNBin Q`�J �T SCALE I -y :ntial Surveying Service P.C. .08 Lee Lane Bolingbrook IL 60440 ,630) 759 -0205 FAX (630) 759 -9291 PLAT OF ANNEXA TION THE NORTH 208 FEET OF THE WEST 1047.35 FEET (EXCEPT THE EAST 523.62 FEET THE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTI( TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COUNTY, ILLINOIS. 4. j 'TNE w>esrLama _ -rue.&,ear ) e-TT -16 V4 STATE OF ILLINOIS) COUNTY OF COON) ry COUNTY CLERI CERTIFR:AtI SS