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99295149
ORDINANCE NO.) 'II/
9�
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 3.36 ACRE PARCEL GENERALLY LOCATED
AT 1366 S. STATE STREET, LEMONT, IL
(Walus Property)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This day of --" "'"`4"-"1 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 8H- day
of ?NI) 1999.
99295149 p„r, 2. of
ORDINANCE NO.2 "J t/ 9'
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 3.36 ACRE PARCEL GENERALLY LOCATED
AT 1366 S. STATE STREET, LEMONT, IL
(Walus 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 "Albert and Anna Walus Annexation
Agreement" dated the of "�'"`'' , 1999, a copy of which is
attached hereto and made a part hereof.
SECTION 2: That this ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
99295149 F3,„ 3 ,t
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS,
on this S94' day of "\ -A-a-j , 1999.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
AYES NAYS PASSED ABSENT
Approved by me this C°I4 d a
Attest:
RLENE SMOLLEN, Village Clerk
y o
v% 7/
��nvA. KWASNESKI, Village President
�eJ
1999.
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22-32-300-064;065;067;068;
WALUS
PINS: 22 -32 -300 -064
22- 32- 300 -065
22 -32- 300 -067
22 -32 -300 -068
ANNEXATION AGREEMENT
99295149 F'aqc 4 of
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 ALBERT WALUS
AND ANNA WALUS (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,
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99 95149
g 5
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,
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
ANNEXATIj9N
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.
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97,951'
II
ZONING AND LAND USE RESTRICTIONS
9
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
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.
III
REQUIRED IMPROVEMENTS
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. DEVELOPER shall install a service line and necessary appurtenances to connect
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99295149
the single - family residence currently located on the TERRITORY with the water supply in the State
Street right -of -way, and shall pay and be responsible for all costs associated with "tap -in" or
connection fees as required by the Village to service the two (2) single - family residences on the
TERRITORY.
2. Sanity 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.
DEVELOPER shall install a service line and necessary appurtenances to connect the single - family
residence currently located on the TERRITORY with the sanitary sewer service in the State Street
right -of -way, and shall pay and be responsible for all costs associated with "tap -in" or connection
fees as required by the Village to service the single - family residence on the TERRITORY. The
plans and specifications for the sanitary sewer improvements shall specify that no "lift- stations" shall
be constructed on any part of the TERRITORY, including such part of the TERRITORY as may be
dedicated as provided hereafter.
3. DEVELOPER'S Responsibility For Utility Improve nepts. 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 which may be located thereon, and all tap -in fees applicable thereto shall be the
sole responsibility of the DEVELOPER.
IV
DEDICATION OF ROADWAYS AND RO r WAY 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. At the time of this Agreement,
it is contemplated that roadway dedications shall be limited to a fifty foot (50') public right -of -way
for State Street. In the event existing landscaping located within the area to be dedicated as public
right -of- way must be removed to facilitate installation of utilities, such landscaping will be removed
by the DEVELOPER at DEVELOPER's cost with due care according to proper landscaping
techniques and will be reinstalled by the DEVELOPER at DEVELOPER's cost at such time as the
affected area is restored. At OWNER's option, OWNER may direct that such landscaping may be
reinstalled elsewhere in the TERRITORY, by DEVELOPER at DEVELOPER's cost.
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99295149 pyje _ ..,
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.
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_P_arkway 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, 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 name the VILLAGE and/or other appropriate entities
designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the
DEVELOPER to obtain all easements, both on site and off site, necessary to serve the TERRITORY.
All electricity, telephone, cable television and gas lines shall be installed underground, the
location of which underground utilities shall be at the OWNER's option, upon approval of the
respective utility company.
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99295149 P-age rw ° °'s' u,
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
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, etc. associated with the
annexation and development of the TERRITORY.
VII
DEVELOPMENT CODES AND ORDINANCES AND GENERAL_MAIERS
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.
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99295 149 F 1D L
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
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 affizming 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.
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Q9'7'14914'4 --
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
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.
8
IP149145 41;)
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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.
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.
XIII
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
9
9929514Q
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For the OWNER:
Albert and Anna Walus
1360 South State Street
Lemont, Illinois 60439
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
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.
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992951 25
XIV
REIMBUIZEMENT OF Vii r AGE FOR r EGAL 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
c. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees
and copying expenses.
2. From and After ffective 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 swom 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;
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9929 % j 4Q
J. 25
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
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 REERESENTATION
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
develop 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 or its development as herein proposed.
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99295149 ,,, 1u of _.5
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 and/or
DEVELOPER, as the case may be, 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/or DEVELOPER from any 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.
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9r 295149 Page 17 of
XIX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
shall include the singular.
XX
SECTION READINGS 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
AUTHOR1ZATIOXTO 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.
14
5'9295149 -
Pa{ae 18 of '
XXIII
AMENDMENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless authorized in accordance with law and reduced in writing and signed by them.
XXIV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
XXV
CURING DEFAULT
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.
15
99295149 p., e : of 25
XXVII
SEVERABLVITY
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.
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.
arlene M. Smol en, Village Clerk
VII,�e OF LEMONY
an icipal Corp' ation
16
and Kwas 'ski, Vi age President
PINS: 22 -32 -300 -064
22- 32- 300 -065
22 -32- 300 -067
22 -32 -300 -068
Prepared By:
Michael D. Malicki, P.C.
241 South Frontage Road, Suite 42
Burr Ridge, Illinois 60525
630 - 789 -6994 630 -789 -6985 (fax)
9929 5 1 4Q Fage 20 -of 25
OWNER
74Z6Z-jS
Albert Walus
DEVELOPER
Donald Hartz
William Olsick
After Recording Mail To:
Village Clerk
Village of Lemont
418 Main Street
Lemont, Illinois 60439
630- 257 -1550
17
PINS: 22 -32- 300 -064
22 -32 -300 -065
22 -32 -300 -067
22 -32- 300 -068
Prepared By:
Michael D. Malicki, P.C.
241 South Frontage Road, Suite 42
Burr Ridge, Illinois 60525
630 -789 -6994 630 -789 -6985 (fax)
SI 39tld
5192'5149F' f
r•y +a� ci. �;
OWNER
Albert Walus
Anna Walus
William Olsick
After Recording Mail To:
Village Clerk
Village of Lemont
418 Main Street
Lemont, Illinois 60439
630 - 257 -1550
00 >10IS10
17
SSS9LSZ0E9 LZ:It 666I/00/E0
■
99295149 Page 22 of 25
SCHEDULE OF EXHIBITS
Exhibit A: Legal Description
Exhibit B: Plat of Annexation
18
99 99149 _. 2,„ 2,
EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 165 FEET OF THE WEST 242.50 FEET OF THE EAST 557.50 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 -064
AND
THE NORTH 165 FEET OF THE WEST 242.50 FEET OF THE EAST 800.00 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 PLATES, PAGE 49,
COOK COUNTY, ILLINOIS.
PIN # 22 -32- 300 -065
AND
THE SOUTH 165 FEET OF THE NORTH 330 FEET OF THE EAST 400 FEET (EXCEPT THE
EAST 216.50 FEET THEREOF) 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 NO.
269447 IN BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS,
PIN #: 22 -32- 300 -067
AND
THE SOUTH 140 FEET OF THE NORTH 305 FEET OF THE EAST 216.50 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 -068
PINS: 22 -32- 300 -064
22 -32- 300 -065
22 -32- 300 -067
22 -32- 300 -068
19
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