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O-20-99 03/08/1999LEMONT Village of Faith ORDINANCE NO.d oZO AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.70 ACRE PARCEL OF VACANT PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF STATE STREET, APPROX. 1,020 FEET SOUTH OF HARPER'S GROVE SUBDIVISION, LEMONT, IL (Mantooth Property) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This ?It' day of cuz. J', 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 8'`-`' day of •0..1t,,C, 1999. ^ °a 4488/0036 49 001 Pa , ,,f." 24 1999-04-20 1 G: 08 u 3` Cook County Recorder C0 131 n :1 s: ORDINANCE NO. g 9'? 11113111 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.70 ACRE PARCEL OF VACANT PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF STATE STREET, APPROX. 1,020 FEET SOUTH OF HARPER'S GROVE SUBDIVISION, LEMONT, IL (Mantooth Property) WHEREAS, the legal owner of record of the territory which is the subject of an Annexation Agreement is 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 "W.E. and Lois Mantooth Annexation Agreement" dated the b of , 1999, a copy of which is attached hereto and made a part hereof. SECTION 2: That this ordinance shall be in fill force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 993'76263 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 1HE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this k4-44 day of 1999. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this g Attest: AY S NAYS PASSED ABSENT (I` CHARLENE SMOLLEN, Village Clerk ii1rLOA. : A ' 1�..! SKI, Village President ,1999. CHARLENE SMOL EN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -32- 300 - 051 -0000 MANTOOTH PIN: 22 -32- 300 -051 ANNEXATION AGREEMENT 993762€3 THIS AGREEMENT is made and entered into this day of 19_ 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 W. E. MANTOOTH AND LOIS MANTOOTH (hereinafter referred to as "OWNER ") and DONALD HARTZ AND WILLIAM OLSICK, or their nominees (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" and by this reference made a part hereof; and, WHEREAS, DEVELOPER controls an Illinois land trust which is the record owner and contract seller of certain real property (the "Target Property ") located at the northwest corner of 135th Street and Archer Avenue in unincorporated Lemont Township, Illinois, located south of the TERRITORY; and WHEREAS, DEVELOPER desires to sell a major portion of the Target Property for development as a commercial center, and to retain a portion thereof for development with single - family residential uses, all of which development shall take place after annexation of the Target property into the corporate limits of the VILLAGE, in accordance with plans and specifications therefor as approved by the VILLAGE; and WHEREAS, in order for the Target Property to achieve contiguity with and be annexed into the corporate limits of the VILLAGE, the Territory and certain adjoining properties must first be annexed into the corporate limits of the VILLAGE; 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, 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, 1 99376263 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, 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 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 R -1 Single- Family Residential District. Said zoning classification has been the subject of a public hearing by the Planning and Zoning Commission and approval of the VILLAGE 2 99376263 Board. All such improvements and uses as may exist on the TERRITORY as of the date of this Agreement shall continue in such current state regardless of whether they may comply with the applicable VILLAGE zoning and subdivision ordinances and regulations governing improvements and uses within the R -1 Single - Family Residential zoning classification; provided, however, such current improvements and uses shall not be further improved, expanded, replaced or altered except in compliance with all applicable VILLAGE ordinances and regulations as may then be in force. 2. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be developed absent the timely filing of requests for approval of same, accompanied by all required plans and specifications for such development have been submitted to and approved by the VILLAGE, in accordance with the VILLAGE Ordinances and Regulations and this Agreement. 3. 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 -1 District at the time of the execution of the Agreement shall be denied to the OWNER, their successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, their successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R -1 District. 4. The VILLAGE recognizes and acknowledges that the OWNER desires that, after annexation, the TERRITORY be rezoned to the B -3 Comercial District. The parties agree that the OWNER may hereafter petition the VILLAGE for such rezoning, which shall not be granted unless and until the requisite public hearing or hearings have been conducted by the Planning and Zoning Commission and the recommendation therefor approved by the VILLAGE Board. Further, no development of the TERRITORY for any permitted or special use under the B -3 Commercial District shall take place unless and until the OWNER shall have submitted for approval by the VILLAGE and the appropriate VILLAGE Board, Department or Commission all applications, site plans, plats, and other plans and specifications as may be required by the Village, and shall have complied with all approval procedures required by law or ordinance. 3 III REQUIRED IMPROVEMENTS 99376263 1. Water Supply. Subject to the installation by DEVELOPER of the necessary utility lines and appurtenances thereto in the State Street right -of -way, 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. Subject to the installation by DEVELOPER of the necessary utility lines and appurtenances thereto in the State Street right -of -way, 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. DEVELOPER'S Responsibility For Utility Improvements. The Parties hereto acknowledge and agree that installation of such utility lines in the State Street right -of -way shall be solely DEVELOPER'S responsibility, including but not limited to the installation of utility service lines from the State Street mains to the boundary line of the TERRITORY and adjoining properties. Arranging and paying for extension of these service lines through the TERRITORY to reach a residential dwelling or commercial building which may be located thereon, and all tap -in fees applicable thereto shall be the sole responsibility of the OWNER. IV DEDICATION OF ROADWAYS AND ROADWAY IMPROVEMENTS; SIDEWALKS AND MISCELLANEOUS 1. Roadways. OWNER shall dedicate such areas of right -of -way as may be required by any governmental body having jurisdiction over said roadways, but in no event shall OWNER be required to dedicate more of OWNER's property than is located within the fifty (50) feet west of the currently existing centerline of State Street . Also, 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, 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. 4 99376263 Except as set forth herein, no other roadway improvements in connection with the utility improvements discussed herein pursuant to the PUD Plat shall be required by the VILLAGE of OWNER or DEVELOPER. 2. Sidewalks and Parkway Trees. DEVELOPER 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 applicable to the installation of the utility improvements, 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 called for in the plans and specifications for the Target Property. The DEVELOPER's obligation to install the parkway trees shall not be assigned or transferred by the DEVELOPER to any subsequent title - holder. V EASEMENTS AND UTILITIES The OWNER agrees at the time of approval of the Annexation Agreement to grant to the VILLAGE all necessary construction easements within the State Street right -of -way 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. DEVELOPER shall prepare all easement documents, as may be reasonably necessary, at DEVELOPER's expense for OWNER's signature(s). All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER's option, upon approval of the respective utility company. VI CONTRIBUTIONS 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 the DEVELOPER shall be at the same rate and amounts as those assessed or levied against other territories annexed 5 993°76263 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. The DEVELOPER shall pay and be responsible for all costs, fees, annexation fees and other contributions assessed or levied by the VILLAGE against the TERRITORY or OWNER associated with the annexation of the TERRITORY or the installation of utility improvements in the State Street right -of -way adjacent to the TERRITORY, and OWNER shall not be responsible for these items. VII DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS The utility improvements 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 utility improvements to be done by DEVELOPER may be commenced at any time after DEVELOPER has delivered to VILLAGE an irrevocable letter of credit, in a form satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the amount of 125% of the DEVELOPER'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 DEVELOPER shall not be entitled to obtain construction or other permits, and shall not be entitled to construct improvements 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. DEVELOPER, at DEVELOPER's own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public improvements or at 6 993 6263 the request of the VILLAGE Engineer but in no event later than the time required by dZ3 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. 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 Approval Engineering Plans and Specifications. DEVELOPER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. 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 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 DEVELOPER removes the debris as directed by the VILLAGE within ten (10) day of notice period. VIII APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by 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 DEVELOPER in writing of the specific objection to any such submission so that DEVELOPER can make any required corrections or revisions. IX NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by DEVELOPER, so the DEVELOPER may forthwith proceed to correct such violations as may exist. Such notice shall also be given to the OWNER, for the OWNER'S informational purposes. Moreover, the DEVELOPER 7 99376263 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 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 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, 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 DEVELOPER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by DEVELOPER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. 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, the DEVELOPER and its successors and assignees, successor OWNERS 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. 8 XIII NOTICES 993'76263 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: W.E. and Lois Mantooth 226 Goode Road Cleveland, TN 37323 with a copy to: George W. Johnson, Esq. Hultman and Johnson, P.C. 5111 Main Street Downers Grove, Illinois 60515 9 For the DEVELOPER: 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 and 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 99376263 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. XIV REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The 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 10 99376263 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, 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. Such costs and expenses incurred by VILLAGE in the administration of the Agreement shall be evidence to the DEVELOPER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the DEVELOPER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the DEVELOPER. Notwithstanding the immediately preceding paragraph, 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 DEVELOPER, 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. DEVELOPER 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 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 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 DEVELOPER to 11 99376263 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 DEVELOPER. In the event the VILLAGE institutes legal proceedings against 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. DEVELOPER may, in its sole discretion, appeal any such judgement rendered in favor of the VILLAGE against DEVELOPER. XV WARRANTIES AND REPRESENTATION The OWNER represents and warrants to the VILLAGE as follows: 1. That the persons identified on page 1 hereof are the legal title holders and the OWNERS of record of the TERRITORY. 2. To the best of OWNER'S knowledge and belief, that the DEVELOPER proposes to install public utility improvements adjacent to the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER no other entity or person has any interest in the TERRITORY. 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. 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, OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon OWNER by this Agreement until such obligations have been fully 12 933'6263 performed or until VILLAGE, at its sole option, has otherwise released OWNER from any or all of such obligations. Similarly, with regard to the obligations imposed on DEVELOPER by this Agreement, DEVELOPER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon DEVELOPER by this Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released DEVELOPER from any or all of such obligations. 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 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. XIX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. 13 99376263 xx 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. XXI RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the DEVELOPER. XXII AUTHORIZATION TO EXECUTE The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so executed this Agreement on behalf of the respective parties. XIII 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. 14 XXIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. 993'76263 XXV CURING DEFAULT The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. 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. XXVII SEVERABILITY 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. 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. 15 993'76263 XXIX 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: arlene M. ,I/si /ice Smollen, Village Clerk AGE OF LEMONT nicipal Corporation rd Kwasneski, Village President OWNER W.E. Mantooth 16 PIN: 22 -32- 300 -051 1repareJ By: Michael D. Malicki, P.C. 241 South Frontage Road, Suite 42 Burr Ridge, Illinois 60525 630- 789 -6994 630- 789 -6985 (fax) 0T 3SVd Gig. 6�w William Olsick After Recording Mail To: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 630- 257 -1550 17 Oa NOIS1O SSS9LSZ9E9 LZ:Tt 6661/00/E0 SCHEDULE OF EXHIBITS Exhibit A: Legal Description Exhibit B: Plat of Annexation 18 99376263 EXHIBIT A LEGAL DESCRIPTION 99376263 THE NORTH 290.00 FEET OF THE SOUTH 305 FEET OF THE EAST 255.50 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED APRIL 30, 1880 AS DOCUMENT 269447, IN BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS PIN #:22 -32- 300 -051 19 ~m ��������* x�� '1-A«-lv'000p'm~11.111131v ^*w"no Z£ - ZZ .17P-V-I r ° - . 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