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O-21-99 03/08/1999LEMONT Village of Faith 99376262 ORDINANCE NO. ,' --(7?/0'% AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 34 ACRE PARCEL GENERALLY LOCATED ON THE NORTHWEST CORNER OF 135TH STREET AND ARCHER AVENUE, IN LEMONT, ILLINOIS (Target /Kohl's Property) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This day of 5''t' 1999. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will an,0 DuPage Counties, Illinois, this 8b11-1 day of cii-t4.)i-t,eJ 1999. ORDINANCE NO& 9? 1" 3C H7—j ,�, ®Y ` ,B r mS°3 6,fi g2 44881.'3035 49 001 Page I of 63 1999-04-20 rrr 10 :03:2."_ T Cook County Recorder 227.50 1111 11111111111111111111 99376262 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 34 ACRE PARCEL GENERALLY LOCATED ON THE NORTHWEST CORNER OF 135TH STREET AND ARCHER AVENUE, IN LEMONT, ILLINOIS (Target/Kohl's 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 Ryan Companies, US, Inc. Annexation Agreement" (Target/Kohl's Project) dated the g1-4-` 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. FEB-27-1997 pq:o r/ % oboe 8 i ZL 01 orSri ' W'M( wO. j 1 i pi rolu»wwoP:.O •OM ADC >juat, 95 -60 -r t 3)DO =.Z /I ,erg SOO >uiso•C 5tO51 OESYYO 1NOIti31 o.q! . o:twn °C uo;s!waa (ww9609).,0 —,OZ :si 4;1519u aiod SON •(3er. 03Yrn'1 'q Pa,tQdns) ,L� X wr /i .1331S snoe ON1MHJNd • 1 - roc Oa aft - •s»usa• g aua slnu g •S:.00 aOJPUa + 44741 La.+M;r -(wwgL)� = X It oaLaOr r •S: - neas CA: Ate — ..ua.orBZ 0 •u+WLZZ •�u/ioy s amoz 0 "aoq o sz4a::: a2a1G x::zut 5u:: W3J5• j :553/001+11 • •usWLSZ • •.z /1 01 : 8 • 9661 01 Z9Z94,C66 I8 • (/ %SNOLinI as are SNTL1 Mil 30 SIN3R38111D38 E.LIM 3JNY1131903 JP083 80I YID/03 SRL 3A31I1 10N 00 AMAIN swum !•. 80J �aa ���f��a:��sQa�n a rt ei JIMI1lS Q aSIA3 «310N SNOLLD3U100 h XVL S#JOLLd33}i3 ON — *Ni ' 3N '�' 1Sa� "�� "- LVt par •oPOU* '(30) 00009946 r:.:o8 'WV Pell 1D,$ mammas 99376262 PASSED AND APPROVED BY ME PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this S141 day of `m✓ , 1999. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this Attest: AYFS NAYS PASSED ABSENT CHARLENE SM r LLEN, Village Clerk CHARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -32- 302 - 004 -0000; 22 -32- 301 - 007 -0000; 1999. age President `9376262 PINs: 22 -32- 302 -004 and 22 -32- 301 -007 TARGET /KOHL'S CENTER P.U.D. ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 7i-4.-day of /t'C✓ , 19/7, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, Will and DuPage in the State of Illinois (hereinafter referred to as "VILLAGE ") and STANDARD BANK AND TRUST COMPANY, not personally but as Trustee under Trust Agreement dated December 8, 1985 and known as Trust # 15089 (hereinafter referred to as "OWNER ") and RYAN COMPANIES US INC., a Minnesota corporation (hereinafter referred to as "DEVELOPER "). 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 -1" and by this reference made a part hereof; and, WHEREAS, DEVELOPER is the contract purchaser of that portion of the TERRITORY defined and referred to hereinafter as the "Commercial Tract;" and WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, the parties hereto desire the TERRITORY, which is or will be 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 matter; 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, 1 99376262 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. 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 establishing contiguity to the VILLAGE limits or upon execution of this Agreement. 2. The Plat Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II 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 a Planned Unit Development ( "PUD "), with the appropriate Special Use Permit for PUD, containing the following Zoning Classifications: A. R -4 Single Family Residential District, for the portion of the Territory situated at the extreme northwest corner thereof and consisting of approximately 4.5 acres, containing eight (8) single - family detached residential lots (the "Residential Tract ", as legally described on Exhibit "A -2 "); and B. B -3 Commercial District, for the remainder of the Territory, consisting of a six -lot commercial subdivision, including two (2) commercial outlots (collectively, the "Commercial Tract ", as legally described on Exhibit "A -2 "), 2 99376262 in accordance with the preliminary plat of PUD (the "Preliminary PUD Plat ") attached hereto and incorporated herein as Exhibit "C," in accordance with certain landscape plans, architectural elevations and conceptual sign plans, attached hereto and incorporated herein as Exhibit "D," which have been submitted by the OWNER and DEVELOPER for review and approval by VILLAGE staff prior to the execution of this Agreement, and in accordance with Conditions #1 through and including #26 as set forth in Exhibit "E," attached hereto and incorporated herein. Said zoning classification has been the subject of a public hearing by the Planning and Zoning Commission and approval of the VILLAGE Board. The principal permitted and special uses which shall be permissible in the TERRITORY are set forth in Exhibit "F," attached hereto and incorporated herein. 2. The VILLAGE hereby grants the following PUD exceptions or departures from standards to the VILLAGE's Zoning and Subdivision Codes, Ordinances and Regulations: A. To Section X.D.12.d (14) of the Zoning Ordinance, requiring off - street parking spaces for commercial centers to be provided at double the number of off - street parking spaces ordinarily required under the B -3 District Zoning Classification, to allow off - street parking spaces as set forth in Exhibit "C" hereto; and B. To Detail #LS -67 of the Village's Subdivision Regulations (Design Standards), to increase the maximum depths of on -site stormwater management facilities from four (4) feet to six and six - tenths (6.6) feet. 3. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable final PUD Plat, final subdivision plat, final engineering plans and specifications, final landscape plan, final sign plan and other required plans and specifications have been submitted to and approved by the VILLAGE, in accordance with the VILLAGE Ordinances and Regulations and this Agreement. 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 -4 and B -3 Districts 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 R -4 and B -3 Districts, respectively, as the case may be. 3 III LIQUOR LICENSES Upon completion of the VILLAGE's standard application review and approval process, the VILLAGE shall grant the following liquor licenses for use within the TERRITORY: 99376262 A. To restaurant owners /operators for use within the two (2) commercial "outlots ", one (1) Class A -3 liquor license per "outlot," so that liquor can be sold for consumption only in a restaurant on each such premises. In the event that either or both of the above liquor licenses are not available when applied for, then, and in that event, the Board of Trustees of the VILLAGE shall adopt all Ordinances and Resolutions necessary and required to make such liquor licenses available for the TERRITORY. IV REQUIRED IMPROVEMENTS 1. Water Supply. The VILLAGE agrees to permit connection of the TERRITORY 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. 2. Sanitary and Storm Sewers. 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 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. 3. Stormwater Management Facilities. The stormwater management facilities to be constructed in the TERRITORY shall be maintained by the DEVELOPER until such time as maintenance is be turned over to the subsequent owners of the commercial lots pursuant to a operation and maintenance agreement ( "OMA "). A copy of such OMA shall be provided to the Village. In emergency situations or at such times when the VILLAGE determines that necessary maintenance of the stormwater management facilities is insufficient (subject to written notice from the VILLAGE and a 30 -day period thereafter to cure such insufficiencies), the VILLAGE shall have the right, but not the obligation, to enter upon the TERRITORY and carry out such measures a may be necessary to correct the insufficient maintenance or emergency situation. In such case, the DEVELOPER (or, as the case may be, the parties to the OMA) shall be responsible for all costs associated with the work carried out by the VILLAGE and shall pay all such amounts within thirty (30) days of receipt of the VILLAGE's invoice for same 4 99376262 v DEDICATION OF ROADWAYS AND ROADWAY IMPROVEMENTS; SIDEWALKS AND MISCELLANEOUS 1. Roadways. A. The Residential Tract: The roadway serving the single - family detached lots in the Residential Tract shall be dedicated to the VILLAGE and improved in accordance with the regulations and standards of the VILLAGE. B. The Commercial Tract: The intersection of the TERRITORY'S entrances with 135th Street and Archer Avenue shall be improved in accordance with the recommendation of the governmental bodies having jurisdiction over said roadways. OWNER shall dedicate such areas of right -of -way as may be required by any governmental body having jurisdiction over said roadways. Also, OWNER and DEVELOPER shall be required to keep all public 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 the VILLAGE or the governmental authority having jurisdiction over such streets, in its sole judgement. For each day that VILLAGE streets are not cleaned as required hereunder during construction, OWNER shall be subject to a fine as provided in the VILLAGE Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. Except as set forth herein, no other roadway improvements in connection with the development of the TERRITORY pursuant to the PUD Plat shall be required by the VILLAGE of OWNER or DEVELOPER. 2. Sidewalks and Parkway Trees. OWNER shall be required to construct sidewalks and install parkway trees in accordance with the term of this Agreement, the Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 3. Miscellaneous. The cost of any sidewalks and parkway trees to be installed on public right of way shall be included in the required letter 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. The OWNER's obligation to install the parkway trees shall not be assigned or transferred by the OWNER to any subsequent title- holder, except, in the case of the Commercial Tract, to the DEVELOPER. 5 vi 99376262 EASEMENTS AND UTILITIES The OWNER agrees at the time of approval of the Annexation Agreement 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. All such easements to be granted shall naive 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. VII CONTRIBUTIONS AND ANNEXATION FEE The parties hereto agree and acknowledge that annexation fees, impact fees or other contributions assessed or levied by the VILLAGE against the TERRITORY or against the OWNER or the DEVELOPER shall be at the same rate and amounts as those assessed or levied against other territories annexed to the VILLAGE or against other owners or developers who construct projects in the VILLAGE, and 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. VIII REIMBURSEMENT TO DEVELOPER FOR IMPROVEMENTS In order to partially reimburse the DEVELOPER for off -site public improvements and extraordinary on -site public improvements affecting the Commercial Tract (set forth more fully in Exhibit "G ", attached hereto and incorporated herein), VILLAGE shall reimburse to DEVELOPER the sum of THREE MILLION TWO HUNDRED TWENTY -TWO THOUSAND AND 00 /100THS DOLLARS ($ 3,222,000.00) (the "Principal ") plus interest on the Principal balance remaining unpaid from time to time, at a rate of SEVEN percent (7 %) per annum (the "Interest "), in accordance with the terms and conditions of this Article VIII. Revenue to make said payment shall be derived solely from the VILLAGE's share of the Retailer's Occupation Tax, or any successor, 6 "376262 substitute or additional retailer's occupation tax imposed by the State of Illinois or the VILLAGE, generated from sales made by the users located in the Commercial Tract. Tha Parties agree that, to the extent any of the line -item final costs listed and estimated in Exhibit "G" shall be determined to be less than set forth therein, the Village shall receive the "benefit" of said savings by reducing the Principal in an amount corresponding to such savings. The VILLAGE shall make reimbursement payments to the DEVELOPER on an annual basis, subject to the following: 1. Calculation of the annual reimbursement payment amount to the DEVELOPER shall be determined annually by the VILLAGE and confirmed by the DEVELOPER. Said annual calculation shall be prepared by using the Commercial Tract's preceding twelve(12) month Sales Tax data for all users. The DEVELOPER shall provide the VILLAGE with Sales Tax data (meaning copies of the Sales Tax reports filed with the Illinois Department of Revenue from all users in the Commercial Tract who are subject to the Sales Tax) within sixty (60) days after the close of each successive twelve (12) month period that the such user or users are in operation. The initial twelve (12) month period shall commence when the first retail or restaurant user opens for business; 2. Following verification of the VILLAGE's annual calculations of the Sales Tax generated within the Commercial Tract, the Sales Tax shall be distributed as follows: A. For the first calendar year in which the first retail or restaurant user opens for business, all sales tax revenue will be paid to the DEVELOPER. B. For the second calendar year in which the first retail or restaurant user opens for business, and for each calendar year thereafter until payment in full to the DEVELOPER of the Principal and Interest due hereunder, the first ONE HUNDRED FIFTY THOUSAND AND 00 /100THS DOLLARS ($150,000.00 ) of Sales Tax shall be retained by the VILLAGE; C. The balance of the annual Sales Tax shall be paid to the DEVELOPER to be applied to the Interest and Principal due hereunder; and D. The payment to the DEVELOPER shall be made within ninety (90) days following the close of the respective twelve (12) month Commercial Tract operation period; 3. The payment of Sales Tax to the DEVELOPER shall be applied first to the payment of accrued Interest and then to reduce Principal. Following an annual payment, the VILLAGE shall prepare, and DEVELOPER shall confirm, a written report 7 993'76262 evidencing the then - current Principal balance of the ifit remaining unpaid. 4. VILLAGE may, in its sole discretion, prepay to DEVELOPER all, or any part of, the remaining balance of Principal and Interest at any time, without penalty. VILLAGE may, in its sole discretion, waive all or any part of its customary fees and charges to the DEVELOPER and receive a credits for such amounts against the balance of Principal and Interest due at the time of such waiver. 5. Abatement of Interest shall occur when the frollowing consitions take place: A. In the event that the two (2) proposed major retail users shall be closed for whatever reason for a period of forty -five (45) consecutive days, or more, then thereafter the Interest hereunder shall abate until all said users re -open for business; and B. In the event the annual Sales Tax generated within the Commercial Tract is insufficient to cover the amount of Interest that would otherwise be due for said period, applicable Interest for said period shall abate and shall not be added to the Principal. 6. VILLAGE's obligation in this Article VIII shall terminate on the payment in full to the DEVELOPER of the Principal and Interest due hereunder. 7. In the event the DEVELOPER defaults in the performance of any of the terms and conditions of this Agreement, upon written notice from the VILLAGE and the DEVELOPER's failure to cure such default within thirty (30) days from the date of such written notice, then the VILLAGE, in its sole discretion, shall have the right to suspend or terminate future payments of Principal and Interest called for hereunder; provided, however, no termination shall take place without a hearing before the VILLAGE Board of Trustees and notice of same to the DEVELOPER. 8. Accrual of Interest on construction funds expended by the DEVELOPER shall be subject to the following provisions: A. For purposes of this agreement, Interest shall begin to accrue upon the date of the first construction "draw;" i.e., the date on which the DEVELOPER first expends funds in order to pay construction costs. Interest shall be computed on the actual draw amounts during construction and shall not be compounded or added to the principal so as to cause a negative amortization. 8 :9376262 B. The parties anticipate that the construction process, once commenced, will proceed in an orderly and expeditious fashion to completion. In the event, after interest on construction funds expended by the DEVELOPER begins to accrue, the construction process is temporarily stopped, delayed, suspended or interrupted for any reason not due to force majeure or otherwise not the fault of the VILLAGE and such temporary delay, suspension or interruption continues for a period exceeding fourteen (14) calendar days, accrual of Interest will likewise be suspended until the construction process recommences. It shall be the DEVELOPER's responsibility to notify the VILLAGE, in writing, in the event of such temporary delay, suspension or interruption. IX 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 of the respective portions of the TERRITORY 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. 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 sidewalks, landscaping and street trees. 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 VILLAGE Engineer may, in his /her discretion, recommend the amount of said letter of credit to be reduced, from time to time, as major improvements are completed, upon approval of the VILLAGE Board. The OWNER shall not be entitled to obtain building permits, nor any sign permits, and shall not be entitled to construct any buildings 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 Regulations of the VILLAGE. The letter of credit or cash deposit shall specifically include and amount to cover the cost of parkway trees and sidewalks as required by the VILLAGE Regulations and this Agreement. 9 993'76262 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 VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall 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. The VILLAGE will not draw upon the Letter of Credit if OWNER removes the debris as directed by the VILLAGE within ten (10) day of notice period. X APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER and or 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 in writing of the specific objection to any such submission so that OWNER can make any required corrections or revisions. XI 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 10 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. XII MAINTENANCE BOND 993 6262 At the time or times of acceptance by the 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. XIII DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage 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. XIV BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor OWNER's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof and any extended time that may be agreed to by amendment. 11 99376262 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. XV NOTICES Unless otherwise notified in writing, all notices, request 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, Illinois 60439 2. Village Clerk 418 Main Street Lemont, Illinois 60439 3. Village Administrator 418 Main Street Lemont, Illinois 60439 For the OWNER: Donald Hartz Hartz Construction Co., Inc. 8995 West 95th Street Palos Hills, Illinois 60465 and William Olsick Century 21 Olsick & Co., Inc. 1180 State Street Lemont, Illinois 60439 12 For the DEVELOPER: Richard E. Brooks Ryan Companies US Inc. 700 International Center 900 Second Avenue South Minneapolis, Minnesota 55402 with a copy to: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60521 993'76262 and to such other person or place which any party hereto, by its prior written notice, shall designate for notice to it from the other parties hereto. XVI REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The OWNER and DEVELOPER, concurrently with annexation and zoning of the property or so much thereof as required, shall reimburse the VILLAGE for the following expenses incurred in the preparation and review of this Agreement, and any ordinances, letters of credit, plats, easements or other documents relating to the TERRITORY: a. the costs incurred by the VILLAGE for engineering or planning services; b. all attorneys' fees incurred by the VILLAGE ; and c. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and copying expenses. 2. From and After Effective Date of Agreement. Except as provided in the paragraph immediately following this paragraph, upon demand by VILLAGE made by and through its President, OWNER and DEVELOPER from time to time shall promptly reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the Agreement, including and limited to engineering fees, attorneys' fees and out of pocket expenses involving various and sundry matters such as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances and other documents required hereunder, and the negotiation and preparation of letters of credit and escrow agreements to be entered into as security for the completion of land improvements. 13 993'76262 Such costs and expenses incurred by VILLAGE in the administration of the Agreement shall be evidence to the OWNER and DEVELOPER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER and DEVELOPER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNER and DEVELOPER. Notwithstanding the immediately preceding paragraph, OWNER and DEVELOPER shall in no event be required to reimburse VILLAGE or pay for any expense or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. In the event that any third party or parties institute any legal proceeding against the OWNER and/or DEVELOPER and /or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the OWNER and/or DEVELOPER, as the case may be, on notice from VILLAGE shall assume, fully and vigorously, the entire defense of such lawsuit and all expenses of whatever nature relating thereto; provided, however; A. OWNER and/or DEVELOPER, as the case may be, shall not make any settlement or compromise of the lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the approval of the VILLAGE. B. If the VILLAGE, in its sole discretion, determines there is, or may probably be, a conflict of interest between VILLAGE and OWNER and/or DEVELOPER, on an issue of importance to the VILLAGE having a potentially substantial adverse effect on the VILLAGE, then the VILLAGE shall have the option of being represented by its own legal counsel. In the event the VILLAGE exercises such option, then OWNER and /or DEVELOPER, as the case may be, shall reimburse the VILLAGE from time to time on written demand from the President of VILLAGE and notice of the amount due for any expenses, including but not limited to court costs, reasonable attorneys' fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of OWNER and /or DEVELOPER to reimburse VILLAGE under the terms of this subparagraph shall terminate if no such legal proceedings are brought within one (1) year from the date of the annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if such legal proceedings are based upon alleged errors, omissions or unlawful conduct of VILLAGE and not the OWNER and /or DEVELOPER. In the event the VILLAGE institutes legal proceedings against OWNER and /or DEVELOPER for violations of this Agreement and secured a judgement in its favor, the court having jurisdiction thereof shall determine and include in its judgement all expenses of such legal proceedings incurred by VILLAGE, including but not limited to the court costs and reasonable attorneys' fees, witnesses' fees, etc., incurred by the VILLAGE in connection therewith. OWNER and /or DEVELOPER may, in its sole discretion, appeal any such judgement rendered in favor of the VILLAGE against OWNER and /or DEVELOPER. 14 XVII WARRANTIES AND REPRESENTATION The OWNER represents and warrants to the VILLAGE as follows: 993'76262 1. That the persons identified on page 1 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 under this Agreement. 3. That other than the OWNER and DEVELOPER 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. XVIII 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. XIX NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT Failure of any party to this Agreement to insist upon the strict an 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. 15 xx VILLAGE APPROVAL OR DIRECTION 993'76262 Where VILLAGE approval or directions 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. XXI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXII SECTION HEADINGS AND SUBHEADINGS The 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. XXIII RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER. XXI V 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 16 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 executed this Agreement on behalf of the respective parties. 993'76262 XV 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. XXVI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXVII CURING DEFAULT Unless specifically stated elsewhere in 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. XXVIII 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. 17 XXIX SEVERABILITY 99376262 If any provisions 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 exercised 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. XXX 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. XXXI 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 1 hereof which date shall be the effective date of this Agreement. XXXII TRUSTEE EXCULPATION This Agreement is executed by Standard Bank and Trust Company, not personally, but solely as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, agreements and covenants to be performed by the Trustee are undertaken by it solely as Trustee as aforesaid, and not individually, and no personal liability shall be imposed or enforced against Standard BANK AND Trust Company by reason of any of the terms, provisions, or statements contained in this Agreement. 18 99376262 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: harlene M. Swollen, Village Clerk Attest: Donna D' iero, A. T. Attest: Title PINs: 22 -32- 302 -004 and 22 -32- 301 -007 Prepared By: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60525 630- 789 -6994 630- 789 -6985 (fax) GE OF LEMONT unicipal Corporation and Kw eski, sident OWNER STANDARD BANK AND TRUST COMPANY, not personally but as Trustee aforesaidunder Trust No. 15089 By: Patricia Ralphson, T 0. Title DEVELOPER RYAN COMPANIES US INC., a Minnesota corporation By: Title After Recording Mail To: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 630 - 257 -1550 19 993'743262 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written, ATTEST: By: Charlene M. Sololien, Village Cleric Attest: Attest: VILLAGE OF LEMONT an Illinois Municipal Corporation By: Richard Kwasneslci, Village President OWNER STANDARD BANK AND TRUST COMPANY, not personally but as Trestee aforesaid By: Title Title DEVELOPER RYAN COMPANIES US INC., a Minnesota corporation Executive Assistant Title PLNs: 22- 32- 302 -004 and 22-32 -301 -407 r spared By: Michael D. !viaHold, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60525 630. 789 -6994 630-789-6985 (fax) Its Vice President Ater Recording ]Mail To: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 630- 257 -1550 19 SCHEDULE OF EXHIBITS Exhibit A: Legal Description Exhibit B: Plat of Annexation Exhibit C: PUD Plat Exhibit D: Landscape, Architectural Elevations Sign and other Plans Exhibit E: Conditions of Approval Exhibit F: Permitted and Special Uses in the Territory Exhibit G: Offsite Costs 2 -3 -99 20 993'76262 EXHIBIT A -1 LEGAL DESCRIPTION EAST PARCEL: 993' 6262 A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST % OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID PART LYING SOUTH OF THE NORTH 175 FEET OF SAID SOUTHEAST %; SAID PART ALSO LYING WESTERLY OF THE NORTHWEST LINE OF A TRACT OF LAND CONVEYED BY QUIT CLAIM DEED TO THE COUNTY OF COOK RECORDED SEPTEMBER 29, 1942, AS DOCUMENT 12964874; AND SAID PART ALSO LYING WESTERLY OF THE NORTHWEST LINE OF A TRACT OF LAND DEDICATED TO THE STATE OF ILLINOIS FOR PUBLIC HIGHWAY (ARCHER AVENUE) RECORDED MARCH 10, 1944, AS DOCUMENT 13243343; ALL IN COOK COUNTY, ILLINOIS. WEST PARCEL: THE EAST 'A OF THE SOUTHWEST 1/4 OF THE SOUTHWEST i% OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, (EXCEPTING THE NORTH 175 FEET THEREOF AND EXCEPT THE WEST 365 FEET OF THE SOUTH 630.33 FEET THEREOF). PINs: 22 -32- 302 -004 22 -32- 301 -007 21 99376262 EXHIBIT A -2 LEGAL DESCRIPTIONS OF RESIDENTIAL AND COMMERCIAL TRACTS COMMERCIAL TRACT: A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID PART LYING SOUTH OF THE NORTH 175 FEET OF SAID SOUTHEAST 1/4; SAID PART ALSO LYING WESTERLY OF THE NORTHWEST LINE OF A TRACT OF LAND CONVEYED BY QUIT CLAIM DEED TO THE COUNTY OF COOK RECORDED SEPTEMBER 29, 1942, AS DOCUMENT 12964874; AND SAID PART ALSO LYING WESTERLY OF THE NORTHWEST LINE OF A TRACT OF LAND DEDICATED TO THE STATE OF ILLINOIS FOR PUBLIC HIGHWAY (ARCHER AVENUE) RECORDED MARCH 10, 1944, AS DOCUMENT 13243343; ALL IN COOK COUNTY, ILLINOIS. AND THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, (EXCEPTING THE NORTH 175 FEET THEREOF AND EXCEPT THE WEST 365 FEET OF THE SOUTH 630.33 FEET THEREOF AND EXCEPT THE WEST 300 FEET OF THE NORTH 523.62 FEET THEREOF), IN COOK COUNTY, ILLINOIS. PINs: 22 -32- 302 -004 22 -32- 301 -007 (A PORTION THEREOF) RESIDENTIAL TRACT: THE WEST 300 FEET OF THE NORTH 523.62 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 22 -32- 301 -007(A PORTION THEREOF) 22 EXHIBIT B PLAT OF ANNEXATION 993'76262 PLAT OF ANNEXATION to the VILLAGE OF LEMONT t�IIK O6CirnOft 22- 42- J02 -00. • OW r •......r t/• r No seer t/. of •rr Js L.* s 7r I r r w r...y. +.•e er M •04 ra r r. Iamb to er r ..r ..err IN r w3•'r M r r ad as • .wI r". - a we r w nos. C- a. m.t .deed. ram a mi.. o..w..Ja411•k r w 4•t a..e. fees LEGAL OcsalPt13N: 2/ -32- 301-007 p.. fr. in M.. a..... 1/3 M 3 bro.* . /. r■r.k. a ..mnn.n aye, 4r M ti a.. A....• r.Y.• .Not ....•wo •o.... OS M fe..ti N f...n fe ON AO NO of No r. lam M trwl M .... M I..t 409 ..1 r •...I.r =Li tM •••riM CNN o.•hw ON t.. iC ....I ... n.. WOO VI .. fw• 1/2 r f.. foo 1/4 of F ••••• 1ft,•.gr *Wm a t..... n Lbw ft.* et *NI of r. n.• ••..y. Mold. Y Cam C..lp L-- .W 4.f4n. — \I 4 5,9 40 414$ I '. . ..../12-3 301 -007 1 I ii ;11 L • 1 . ii i( 22 -32 -302 -004 f is U '� ��i g t 4 6 .1s Oa . Gala. Al.t -a/ -.. /ltre.1.:T COUNTY CLERK'S CERTIFICATE 4' Canty CUM ef Ceak Cantle ads do hr•br meaty 3. Mere are ma delinam.t geed teed., no i patd ..newt any a� tam. 1 forfeited wna0le soles !m ovine Oat if COUNTY RECORDER'S CERTIFICATE STATE Of 9J.e*OS 1 COUNTY a coon IA G.a• seam my hand and seal of Um Cannty CM1 at C7lkegs 'Ceak Canty. fhb Iaalntm.,t Ns Al..er, 8130 day M A0. 199_, Ono. of Coot Canty, af..asdd, n Use deb ^Cord ti tM Raea.y.. AD. 199_, at c.dotk _ A.N. an noudM b Book tMgo a Plots 9376262 GRAPHIC SCALE Cade c..nty ark VILLAGE BOARD APPROVAL Approved by IN P.•.Ida.t and Board of fry.t3. of tM Wlloge of Lamont. 1311.1.. of a mooting hard on Ns day of A.0. 199_, Wtbg. President Mop. Cleft tO g. a i Joseph A. Schudt & Associates ✓ $ o 4 , .Jae A SAMOA meat A.WaaT. t 123 .0 Imam _ne -wad re '011,70... ,xo -.. y s 1 ....a.N s pn., o.nm.. Lao fume.. on..a....t.. ..t. ...t... an >am.a3 Cook Canty Amora.r SURVEYORS CERTIFICATE SA1e re woe COMry M rw A. Lew ../ i..yye y.r nth •.1 .w • w .ones .m.eb• . M M *end ..r e..e[ Op. n....t. aw 44 .� �.... 4 faM Nil Ammo... 9.06 ne..r. w a........ ANA •2_09 -9e Sheet 1 of 9798— 224 A 1 t i EXHIBIT C PUD PLAT :)93762€2 bo 0 1 I • -- c0,4 el: t S. • LMCCfl 11WW1" Cl,:f .(111, M • LP I. r.).■ HIHWItill11111H,1111/11,111r • Ii1;1;1111:1•11-(iiiiiillifilii-11-1HHi1 ii4i 11ti1111111,1:' 01-4111.1 1 111i1.11RHI1411111WHT:R/ O-HHf 0 WWI! H it1+14 1.i I 'If 1.11T411Tleill'i412171.T111111.11 iln.Ct• 0 1111 11 I 11.1 1 Li 41-17 1 -[11-1 1111.1+113 H 1-1-1]-111] 111fi4 1 it I -[I-1111-1! 'd11.-1-1-li31:1) E l I 11 J 1 1 1 1 1 1 [ 1 1 1 I _1 ; 1M; IlibrilliWIHr111:11111 I HILL, 111,11 47 Ilk 111 III!' Fil,t,L) • 7/4 0, 1117 SW1,117451 1,'4 -1 1 Lifi if I ITM E m iz 31 S 31HdYN! • (2 of 3) Jewelry stores, including watch repair. Launderette, automatic, self service only or hand Laundry. Laundromat; including self - service, coin operated equipment. Leather goods/luggage stores. Locksmith shops. Machine sales office. Mail order /catalog store. Medical Offices & Facilities. Medical and dental clinics & related laboratory facilities. .Liillinery shops. Monument sales. Musical instrument sales and service. Office/Business Machine Sales & Service. Office supply and office equipment stores. Offices (Professional, Business, Public or Institutional). Optical products, sales and service. Orthopedic and medical appliance stores. Painting and decorating stores. Party supply stores. Pet shops. Phonograph record and cassette stores, including sale of compact discs, sheet music. Photography including development of film when conducted as part of the retail Physical therapy, speech therapy and related facilities Picture framing store and art gallery. Plumbing showrooms and shops. Post office and express mail agencies. Printing shops. Radio and television sales and repair. Restaurants & Eating Establishments (including Drive - through). Schools, commercial or trade. Schools - music, dance, martial arts. Secondhand stores. Sewing machine sales and service. Shoe, clothing and hat repair stores. Shoe stores. Sporting goods stores. Tailor shops. Telephone exchange and equipment building. Temporary Uses; upon approval of the Community Development Director not to exceed (90) days. Temporary buildings; for construction purposes for a period not to exceed the duration of the construction period. Ticket agencies /amusements and sports. Toy shops. Training and conference centers. 99376 ,24,z 993'7QQ basins and drainage structures, pursuant to the Village's Engineering Consultants review and approval by the Village Engineer. The design of each detention basin shall include fountain systems intended to service as an aesthetic and functional objective, as approved by the Village Engineer: 21. All approvals shall be contingent on engineering approval in accordance with the Village Engineer and the Village's Engineering Consultant as it applies to storm water discharges; The petitioner has agreed to development and implement safety measures for the detention ponds basins. These details shall be provided incorporating landscape screening for the pond on the southwest corner of the property intended to screen the western property owners. Other safety measures are proposed to the interior of the ponds incorporating shallow perimeter grades to help prevent abrupt grade changes; 7? _3. All approvals shall be subject to historic lighting fixtures being installed along the front of the Target Center. the parking lots, entrances along Archer Avenue and 135th Street , and both Outlots. The locations shall be incorporated on the Site Plan, as attached as Exhibit C The lighting standards shall be similar to the downtown lighting standards, attached as Exhibit 24. All approvals shall be subject to product delivery times limited to local carriers from 8:OOA.M. to 8:00 P.M., Monday - Friday. There will be no weekend or holiday delivery hours. The only exception shall be Christmas hours (Thanksgiving through December 25) as delivery times shall be extended to 24 hours, Monday - Friday. Overnight deliveries are not permitted. These limitations shall apply to each business including the Outlots. 25. Store hours shall be Limited to 8:00 A.M. to 10:00 P.M., daily. Special hours shall apply on holidays and pre - Christmas. Stores will be closed on Easter Sunday, Thanksgiving Day and Christmas Day. 26. Noise standards shall be limited to the following: The Target rooftop mechanical units shall produce 58dB(A) above ambient levels at 15 -feet from the source; the Target and all compactors shall produce no greater than 5OdB(A) above ambient levels at 100 -feet from the source. PERMITTED USE AND SPECIAL USE SECTION - EXHIBIT "E" Permitted Uses (1 of 3) Air conditioning, refrigeration & heating shops. Art galleries (not including auction rooms). Art and school supply stores. Automobile accessory stores. Automobile accessory stores. Bakeries. Banks & Financial Institutions. Barber & Beauty Shops. Bicycle sales, rental and repair shops. Blueprinting, photostating and copying services. Book and stationary stores. Camera and photographic supply stores. Candy and Ice Cream Shops. Catering establishments. China and glassware stores. Civic & Governmental Buildings. Clothing sales and rental stores. Coin and philatelic stores. Confectionery stores. Custom dress making. Day Care Centers. Drug storesi"pharmacies. Dry Cleaning Establishments. Dry good stores. Florist shops. Food Stores. Food - grocery stores, meat -fish markets, dairy, prod - beverage- stores, delis. Furniture Stores. Garden Centers. Gift Shops. Glass shop. Hardware stores. Hearing. aid stores. Heating & plumbing7sales & service. Hobby and craft stores. Home Improvement Store (with no outdoor storage). Home furnishing sales & service. Hospitals, medical centers and medical laboratories. Household appliances/electrical appliance stores. Interior decorating shops. 99376262 Travel Agents. Variety stores. Video Cassette Sales & Rentals from the premises. Uses accessory to the above permitted uses. Other uses which are of the same general character as the above permitted uses which are of the same general character as the above permitted uses as determined by the Community Development Director. 99376262 Special Uses Amusement Establishment (Including, but not limited to bowling alleys, billiard halls, Banquet Halls Banquet Hall Buildings in excess of thirty -five (35) feet in height Car Washes Cellular telephone, telephone exchange and microwave relay towers Cellular telephone, telephone exchange and microwave relay towers. Cellular telephone Equipment; attached to existing buildings and structures and designed to blend into the structures on which it is mounted. Churches, Temples, and Synagogues Gas Stations, with or without automotive repair or mini -mart Home Improvement Store (with outdoor storage) Hotels and Motels Lounges and taverns Massage Therapy Outdoor Cafes Package Liquor Stores skating rinks, etc.) Small animal grooming establishment Storage Yards (when accessory to a permitted use) Tanning Salons Tanning Salons Theaters, indoor Vehicle Repair Facility (Outlots Only) Vehicle Repair Facility Veterinarians & animal hospitals (excluding outdoor kennels) Wholesale uses Wholesale uses Other uses which are of the same general character as the above special uses which are of the same general character as the above special uses as determined by the Community Development Director. EXHIBIT G Lemont Off-Site Costs Estimate 213199 1 Storm Water 8y -Pass (Archer Ave. Items 12.17) off -Site. Costs 2 -3 -99 Amount $ 7.69,000 Misc estimate adjustments ($29,000) Sanitary A. Sewage Pump Station $ 95,000 B. Pump Station Screening $ 18,000 B. Chestnut Crossing Force Main $ 130,000 C. State St. Local Sanitary (State Street ttemsl -6) $ 80,700 3. Water A State St. Connection (State Street Items 7 -12) $ 83,845 B. Stale St. loop Harpers Grove to Chestnut St. • $ 30,040 $184,000 Net Savings to eliminate the Loop 4. Traffic Improvements A. Archer Ave. Signal $ 125,000 8. Archer Ave.VYdening $ 135,000 5. Intersection Improvement at State & Archer 6. Left Turn on 135th & Refeted Improvements 7. Survey & Full Time Inspections 8 Water at 135th and tea pump house enclosures $ 95,000 $ 95,000 $ 54,000 Village portion capped at $40,000 Requirement deleted Subtotal: $ Contingency! $ 1,210,585 75,000 total Off-Site Improvements Estimate $ 1,285,585 1[, "••.`. ,o, �t '' �. a :� EXHIBIT H Preliminary Plat of Subdivision 1 of2 -J z W 0 rn W Q" Ur"I 1 I (I'illli` •K�1 �Ir�i1�If�I� lfj!I!IIIIi;l1 ;(' \� liiiiii iiiil 1, li' 'Ii 1i111l1�iI1 n1�l_ {' lilll i t r I 1141.1 ;iiiillll�i'I�,�IIIIi11,i1 {flf {Lull 1 : "1;111 lllllll!!Tht ;I' Ille;li'.I!;I III {Ili iiiir U . �Ih�IICIi li�li'1 ILIIIII1II!il� III (_1l1,iI1Ll1I 111I �rill!Illr Ill 11111111 Ilt {111 !1111:111 � U. L •11.11 {il.� �t i J 1 11r11 IS ;t401005 ,0 C Q Q S = ) - J 7'1 � ftlt'ili rl lii I �.x�illllliil li li II J tL 1! 'M;.5b.,40.adl$41I • r,,1k, s 1L,r r; I 1 Al 111 . Tr 0 co m 1 ( - 1! , i III' ^1 i�I -I'ri1 (' #,Illl'[_illi,lli1w l!;j;:: I' I 11!1II!�I . {'C %I!I11�1111{l {Fri IIIi17WI 7771 .7 lilillili� !Ili!i11� 4AL) , V 4 'r/rM'rl )b 7E0,10MVe •i• 4,1/46.«a smtiaa l 1. ill '.vim )"'"'"1ta :11/114 �PF nlav'nLL WYOw� r I a 1- N co 0 0 Ammv i ,7D SON COMPANY RIGHT—OF—WAY _a Iron /— Pioe N �}1� 9'59'32' i 5'134. ..... ,. 3 a Y \ Public Utility and 'N-1.1. aar - -- r 1 Le 1 Oroinaae Easement 1. t .,l. "3c-_ (p 8'• E-Le 01 EUd I r9. L. j t6,25o1T s2 !r , Z, 'o°+ LOT 3 ' _ I 09 I'� q• toe4 Eujr ,• 17,882 s ft. 0.37 atre3 15 r— -1- •. Q l co 0.41 acres S . o 1 ?.5'+ i} 7 5' - , r 1 le • 1 • ;•, -.,, o89i59'32 "E v) \ �" K .v T ' ' i - "E'"° I SOU TN UNE OF THE NOP1H !75 FEET OF THE �5'Nr T/4 CF NE S.0.. -1 /4 OF SEC. 32- 37 -1t. 149.66' I 1 —1 3•• „'rrrwr -15 1 142.59' ,' 3 -a•a spr -,;1 I5' , r= 4 IT + ,; LOT ,.1' 9 0° to - -3 11,463 sa.ft., x1 :wE oO` 1 — + 0.26 acres '.�1- e, -17 Ili t5 'oot aid.; =,n '0•a sF=tE ��� :14£ ,,r•s .AAA d 1 .AGtE ? 6.6 00' '�0 (Si P a'} r ;A,, 128 — =' =. r _ .. , _;'7.00',-, S7nrc. ), ,0 ; W CO `.35 3 -5.1 4?0,10r N89.59'5 7 °E - - "8 - Qt i17.00i - .r= M. E a•s wi1aF NEW STCRN SEWER — / 50 00' 8 539 EXHIBIT H Preliminary Plat of Subdivision _ _ 2 of 2 59: 1- i1 944 ) 595 589'59'32 "E ! 59+ 'I 9•a'....E4Ar {. 93.77'. t 1 1 a. '2.0T 4 ^* 13.28 sq.ft. •° 'dr' a O!32 acres I - 1 i7 , _ 7 c4 / -.1 7....4 n tV tg 1 I r 1 -, .4F044 1 1 O•aat, . ',10., ). 44 3 -17. —€4?' '0 -s • #t _ ;0I 5a9; 9.:,-.52::: 8•• Ong ea 117:00' •.w 1 0 iaJ ERR`• i I., ,■a' C#.ERR► �rdF, E 7 L ,g o; LOT 5 > W , z �I3.824 sq. ft. ' a, 0,32 acres) a-a �') I 2 -Id'• sr 533 r. CA, i "1 ;'5 .5 S ' as ! •4 •�.,NZ,r6 AIN 1 ` Spa fJB.FSr: s84y 46 101 27. 445 Tl 1 -• . -14.91 16.42 S 'r :cres- r.; 1'1 v•P 93.27' I ,0 q4•I0 a - 4s' e . rU4 - 'at ' • Lt`Q.T 6 p..- t �O �0 -a •pT i:9 '' ,1 71 sq ft id:.p , „0. '0.1 ,GA.E .e . _'`—__G•rtJl,� Uhl'ty . 7w ordinage Eae N•.9nt �. ' lA r; 1.50.' 3' 1 r cc11 E =Rr 493 fi0L -1 •au 5R• w !I iR2 'I 4141 :I NFY�.B�•f SANRATe Se NE1i'' t'7� __ }4967' NEW — - -�— — — S \ aTCR4 ;EWER S 89'5946 E 00.0014EN's, M SEWER •�, I.r,g •IC�'� vr ,y -..F ;10 i -:-:r - -E c>Sr -r A r :F 3 N t 'c ,2- 17,1!. ..L 5_3.'91 • .I y :551 f 1 .D .. 71 i S t ,ON • 5'r C "♦ Po,. riu IIMIliliiIH11111 I IF 111111 H-111111-ili11111111 1111 11-1i1$1: 1111111111111-F1M! 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',:i „,,,.,, , 4 : 70,' \ ',,,;.,•;.• ,• .; ,..,-',/" / • ).V.",,,..' .. 4'17/17 -;-/' ( ' / t •.-;' / / 7Pri164-1:/ / /17 , i■Trowwpfll / ; , ,•', _ • ; t"1'7" • , / A . • , • - ;.) . —1,••• - - -- _ _ • • • • - • • ) ■ , 4 - 2 EXHIBIT I Preliminaty Engineering 2 of 2 15' j. 11' WILD UNTOUCHED' NON-MAINTAINED (TYPICAL) F cryricno 10' MAINTAINED (TYPICAL) in 5' FENCE rE RE TAINING WALL EXISTING GROUND d- a PROPOSED GROUND( TYPICAL) -.1 A i. --- PA T FXIIMIT Western Property Line Elevations 1 (117 PROPOSED GROUND (tvrIcnt..) 993762C2 2 XIS TING GROUND (TYPICAL) PARKING LOT EXI-111311' J Western Property Line Elevations 2 of 7 F YIS TINE; (MEANT) ( TYNCA ) 15' UNTOUCHED ( TYPICAL) I 5' nrrninwir,/ WAR ts' wiut NON -.11A AIN TAINTED 41Atta TAINCD ( TYPICAL) ( YPIC At ) I fl F TAMING/ WALL 1.!n-Hr 1) CE1NIND ( T rtC AI ) PAINING LOT r xis TINE: GPOItrm (txrir ) P AYEI1AELT T priorosrn Gnomon (rwir ) _rAnxirir; LOT EmsnNG vtrwiAlloN ExISTIN6 (MOUND (tymm) EXHIBIT J Western Property Line Elevations 3 of'7 ExtsnNc GROUND (TYPICAL) VITEN TION AREA ROrOSED GROUND (VONCAL) DE TEN TION AREA 1 IS' ,/mw 10' UNMOVED NON -MAW 'Afttr 0MAINTAINED (TYPICAL) n,mw^ (r,u^o rm,onv"mxw"(npic^) LIN Morn'. m,=111" f •- 7,"mv pw�p*°'AIDED (ivi;It;��__- • Pr.wliN" ~"/ / EXHIBIT Western Property Line Elevations 40[7 j M[RAL RLTAIL .`^~� , ` '`66`» rtrt'vcr",rrx"*'"'^*) / / e'sa��`+ -------- SAMNIAINtl) (tvriow) rVISTINC, rWowwo (iwwCow) I/ 1 /rwownstri GROWNW (wfrickt) •• / /ow PONT At EXHIBIT J Western Property Line Elevations 5 of 7 NLP AL RE_I ML I7frfl • t, *Mfl t. EXHIBIT J Western Property Line Elevations 6 of 7 GENERAL RETAIL e. rr 111.14(11 EXHIBIT C coD V Western Property Line Elevations 7nf7 ~ MAiNtAINED — /' ,no,ocrn~°,w'°,K- A.` ' ----------'-' Mayor LEMONT Richard A. Kwasneski EXHIBIT K Vililag. Clerk Charlene M. Smollen Administrator Steven A. Jone3 September 30. 1998 Mr. Michael J. Malicki, Attorney 16 W. 241 S. Frontage Rd, Suite 42 Burr Ridge, IL 60521 RE: Target Project Dear Mr. Malicki: Village of Faith 418 Main Street • Lemont, IL 60439 -3788 (630) 257 -1550 Fax (630) 257 -1598 email: viemont ®aol.com 11IV4% 1 4111tuna Ralph Schobert Mary Studebaker 993'7b.2tz The Village's Landscape Consultant has reviewed the revised landscape plans (dated 9/24/98) for the Target site and has the following comments/ recommendations: 1) The western property line needs additional landscaping to more adequately buffer future adjacent residential development. a. Extend the row of canopy trees (currently ending at about 6 +50) to the northern property line - these trees should consist primarily of taller - growing deciduous trees, spaced approximately 15 -feet off center. b. Plant an additional row of trees in a staggered pattern along the west face of the fence to create a more effective buffer - these trees should consist primarily of medium - height dense evergreen trees, spaced approximately 10 -feet off center. c. Spruce up the area (in front of the "evergreen backdrop") with additional ornamental plantings. Some landscaping suggestions are for small flowering trees, shrubs, perennial beds. etc. 2) The western side of the southwestern detention pond (section 0+00 to 2+00) could also use additional landscaped screening, similar to the scheme proposed above. 3) Waile the selection and diversity of plantings for the overall site is good and works well in the more formal areas (entranceways, parking lot and building). the informal areas (detention areas and western property line) need some additional variety: a. Species suggestions for the western property line include: oaks, Kentucky coffee tree, sugar maple, buckeye, hornbeam, hickory and catalpa. These trees are more woodland like and would make for an interesting and appealing contrast to those on the rest of the site. b. Species suggestions for the detention areas include water- loving trees such as river birch or bald cypress. Please address these suggested modifications in a revised landscape plan for the site. Feel free to call me with any questions. Respectfully. /J.-- Andrew Fitz. Planner Village of Lemont cc: Ric Holleman Scott Buening Jim Perry Steve Jones EXHIBIT DOWNTOWN LIGHTING STANDARDS 993'76262 `9376262 Of WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. VILLAGE OF LEMONT an Illinois Municipal Corporation By: Attest: Attest: Title Title PINs: 22 -32- 302 -004 and 22- 32- 301 -007 Prepared Bv: Michael D. �Ialicki, P.C. 241 South Frontage Road, Suite 42 Bun Ridge, Illinois 60525 630 - 789 -6994 630- 789 -6985 (fax) Richard Kwasneski, Village President OWNER STANDARD BANK AND TRUST COMPANY, not personally but as Trustee aforesaid By: Title DEVELOPER RYAN COMPANIES US INC., a Minnesota corporation By: Title APPROVED AS C DA113- - VILLAGE A__±.(N ( l�2 After Recording Mail To. Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 630 - 257 -1550 19 EXHIBIT D LANDSCAPE, ARCHITECTURAL ELEVATIONS, SIGN AND OTHER PLANS 99376262 eD Le•Mt A.R.F_A6 Z1115.LZt ,••1.Kit•o cR ffd UmHIFTFm c:00 1 ". V • Ai. 141 100 g.• NERAL t3.11 L 12% 016111128E0 kE87 4411411•1 4 021 ENL A RC'E E N SEE flfl7 L- ; ie.:. ■;..e ...CO. ...01 SD ALL L AiteAS OUT51LZE Qf PARKWo LOT L*N .rotOT Semi WC, ,17 +NS , ".• • .• ••• 4. V volt •••"'Or'rfr•••. ."*" * .*** ....V •v- 9•••• •••• at •• ••••• ••••••••• •67. Las PLANT LIST 0 0 0 a e nwerc• 'LT31 0 0 -• z• • :,• • • • z —••• 1, .1 Dar•••4••• +caw INAT••••01:6 r.ne•LALD oiXt• I.M11111 4A.1.1110 AAA 7A11.111. MoM•• 1"1".101, 1.1111.0.1.1 Sier—T•** T.. MORKAAA re.2•10.0. .1.1.•••• •••;•CL, •.4.4 okar.h.gop. 1•en•-• IAA% ...Pao,. .ze.•••••••&•1 • Ca•••••$ •••..2,7•• Z.Z■••lb Ze• ©. amnr� e I ®li i 'iuii8iit,�E� l�4 r<.t-t kctu'y 1 Elev., EXHIBIT 1 ARCHITECTURAL ELEVATIONS IVL O z9Z9AE66 �JI CZ GJ Q} N 0, N 3 o�u Z92:94CGG 135th St. MONUMENT SION TARGET PANEL Background- white suede aluminum Copy is all routed and backed up wily 02283 red acryic Aluminum pole covers painted 408c suede finish. Accents to be Hunter Green suede. Base to be limestone to match buildiv. Internally Illuminated with IVO Fluorescent Lighting 4'- I 0" ELEVATION END VIEW Poblocki & Sons NiC4unCh.10^.1.15W44A.I.L •. ••• •••• . • ••••• t/Z2 South /0Ih Shoo' Mlweilkue. WI WM4 tut 4144h6-401h ha: 4 14453-W70 MINCIMIS ••010 TARGET lanont,IL W. 61.1,0.1 II • Viciurrel '‚4.-- VichaniNattliat I"" ____Ootolvi-5 1 OPP '7" ORAWING PL op 3 SBE96EL8E9 4' 10" 7 -0" SHARED MONUMENT SIGNS TARGET PANEL. Background- white suede aluminum Copy is all routed and backed up with $22B3 red acrylic: KOHL'S PANEL • Background- burgundy suede aluminum Copy Is all routed and backed up will) White acrylic tL TENANT FACES Background- white suede aluminum Copy Is routed and backed up Cr With 3/16 acrylic N al I Aluminum twie covers painted 406c suede finish. N Accents to be Hunter Green suede. • Base to be limestone to match buwldilg. Internally IIRLminated with H/0 Fluorescent Lighting 1 Re, $un1U1 701h Strop' Poblocki & Sons AIK3I MC IURAL 31(iNA(9@ l• WI.••••••»rwc: •••■:.44)" Mllwwukee. WI 14 ta414 4534010 I: bur • 414.413.7)7(1 END VIEW 0 f TARGET lemont,11 amow• m» •••p•■ hard Nattili » _ Kichar4NaCtila jaw_._ (l� ix,bcr 119919 1/4";,1' -p» DY. wNG No� ..— .. _.._ S8E96Ec8E9 i 1 / { / 4......1.4., v,co 4$ •L1. ccai to 2.i..: 3: 117 iw•drw 3—../ ! i T\} 71 9 :1a Aiti4:LN � 1 13nAc LJtrs: _4 as pt .1 ]; t 1 � MT'1 7Y1,4rTr a.lt s:r+, ow." tir" try. 0. c 1M IAN & !! .Z /t Ur* PgiVi AKIN g7..1vG Siff, rode, .LJ f4'11,V94 +"rltr.' 1D1 am" re/ sv2r -xv>I NC" 1.4 DDtf "c iroov fO 00.1 N. )144"01 t�v n v1 srttd ITIM r,4p 4015r; 7rof WI K Q3X'Sfr i11 L wcees 2C1": [1amia a: rcya • t v at�vu Mene.A02 Pr iltocn eV/ I. syn9 K.1[ Ws'� 24,0102s H'!'Iv ea/r,:14- { •ava /r t* +n 111 %;4111: are Cl i :1 t»n OZ. xxrowrs:>tivi oan:s. .r-t .tyr z9z9ACGG amour VI&ia NOM S7M0711 sec sa .ON 7n •.7 1: 3Et Wei Del I)Ofl H 7,. IW L21911 4- sw.. ; PI ;1.3 9601111/2T SBE96EL0E9 ET :L: SSE /5:/Q: EXHIBIT E CONDITIONS OF APPROVAL 1. Approvals shall substantially conform to the Site Plan, as attached as Exhibit "C ", Landscape Plan, as attached as Exhibit "D" (as amended), Preliminary Plats of Subdivision for the Commercial and Residential Subdivisions, as attached as Exhibit "H", Preliminary Engineering, as attached as Exhibit "I" (as amended), Architectural Elevation (including materials to all sides of the buildings), as attached as Exhibit "D" and western property boundary schematic elevations, as attached here as Exhibit "T', except as such plans may be changed to conform to all Village codes, ordinances and the conditions below. The Target Center building foot print and/or square footage may be reconfigured upon review and approval by the Village Board. (Following final plan amendments, all plans shall be attached with specific plan numbers, designers name(s), date of plans, and document or I.D. number of the plans); 2. Cross parking agreements between site users shall be required, as attached as part of the plat, since separate ownership tracts are being proposed; 3. Specific permitted uses shall be granted approval as part of this petition inclusive of the Commercial Center and all Outlots. All uses proposed shall conform to the permitted use section as attached as Exhibit "F ". subject to amendment by the Village Board. All uses proposed in this development shall require staff review for compliance. 4. The Lemont Fire District shall approve the location of the fire hydrants for the project. 5. IDOT, Will County Highway Department and Cook County Highway Department review and approvals are required for access onto Archer Avenue, State Street and 135th Street; 6. The triangle section of land along State Street owned by Cook County should be incorporated into the design and approvals of the Center. Staff recommends if the Village or Petitioner should receive title on the property all improvements, easements and landscaping on the triangle property be incorporated into Village approvals; Fire Hydrants and water valves are required at the end of all dead end mains. 8. Permits are required from IDNR, MIWRD and all appropriate governmental agencies for the construction of detention, parking areas in Floodplain and Floodway areas and utility crossing over IDNR regulated waterways; 99376262 9. A Nationwide Permit (N P) from the Army Corp of Engineers shall be required for any wetland excavation, if applicable: 10. All approvals shall be subject to the implementation of mitigation techniques intended to reduce any pollutants discharged from the site, including road salt, motor oil and other substances discharged into Long Run Creek. Engineering plans shall reflect the installation of a vortex or infiltrator system at locations determined by the Village Engineer. The systems shall be monitored and cleaned periodically. The detention ponds shall indicate the planting of a salt- tolerant native species to establish natural filtration of the storm water. The native species shall be approved by the Village Engineer and US Army Corps of Engineer; 11. A fence shall be incorporated into the screening design adjacent to the western project and north of the retaining wall adjacent to the ComEd utility easement north of the subject property. The details shall be provided on the site plan indicating the location. height and style of the fence proposed. The fencing is intended for the purpose of safety because of the difference in grade elevations to the adjacent properties and shall be installed after completion of the retaining walls: 12. Approvals shall be subject to a separate Final Plat of Subdivision for the eight(8) lot residential subdivision and Final Plat of Subdivision shall be required for the main shopping center site: 13. Approvals shall be subject to the annexation of the property north of the Target Development as to create appropriate contiguity. as per Illinois State Statute: 14. A preliminary Photometric Plan has been provided to the Village. It has been agreed that the westerly sector of the commercial portion of the PUD shall exceed no greater than one -tenth of one foot candle at the property line prior to landscape screening. Foot candle calculations shall be required at the property line and site shall not exceed the Villages minimum standards for lighting, as approved by the Village Engineer prior to final approval: 15. Sidewalks and parkway trees shall be provided along 135th Street, Archer Avenue and the triangle section of property along State Street. currently owned by Cook County: 16. Signage specifications. Location of free - standing signs. including size, materials and landscaping, as attached as Exhibit " C) ". inclusive of the following: a. A limit of two (2') Free - Standing Signs for the site. one (1) at the southerly Archer Avenue entrance and one i 1 i at the 13th Street entrance. The free - standing, signs shall be a maximum of eight i 3) feet in height and a maximum of 60 square feet of 99376262 sign area. Furthermore, the proposed Outlots shall be in accordance with the new sign standards. permitting one (1) free - standing sign per tract ownership; b. Total on- building signage shall be based on a maximum of one (1) square foot sign area per linear foot of building frontage. This standard will limit sign area to approximately 1,200 square feet of sign area for the Center. Staff would also recommend the signage be restricted to the front of the building only, except that there shall be no more than (3) signs of uniform size permitted on the eastern elevation of the Target Center, facing State Street, not exceeding one square foot of sign per each linear foot of the eastern face of the building. These signs shall only advertise the eastern three (3) units of the building. However, in no circumstances shall the total on- building signage exceed 1.200 square feet for the Target Center. No location restrictions for on- building signage location is being recommenced for either Outlots; c. Maximum sign area for both Outlots shall be based on the linear frontage along Archer Avenue. Based on this limitation, signage would be restricted to 275 square feet of sign area for Outlot "D" and 270 square feet for Outlot "E "; d. All on- building, signage for the Target/Kohl's Center. including Outlots, shall be limited to individual letter type sign. No box signage shall be permitted. 17. A two (2) year limitation shall be imposed to receive final approval for the Site Development Permit /Grading Permit. beginning on the day the project receives Village Board final approval. Any extensions to this time limit shall require Village Board approval; 18. Approvals shall be subject to the amended Landscaping Plan, as revised to incorporate the recommendations from the Village's Landscape Consultant. as recommendations attached here to as Exhibit " }( "• 19. Building Elevations shall be amended to incorporate "Limestone -like Columns" on the western section of the Center. as depicted on the reminder of the building. Elevations shall include all specific materials and design features to be incorporated on the Center's facade including rough limestone features. a " stepped - back" entryway. elliptical canopy and horizontal bands of limestone or limestone like material. a spring, arch "supported'' by columns at either side of the Kohl's entryway. The easternmost portion of the structure shall incorporate pediments the wide. low pitched gables at each parapet line above the entries.) The three entryways shall include limestone piers through the stepped -back entry for the largest of the three smaller users. All architectural elevations shall be contingent on Village Board approvals. Architectural elevations are attached as Exhibit 20. A detention system maintenance agreement shall be developed and submitted for Village approval, establishing ownership and maintenance arrangements for the on -site detention