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O-08-99 02/08/1999ORDINANCE NO. 99295146 3993/0008 21 001 Page 1 of 2 1999 -03 -26 10:07:18 Cook County Recorder „v! \\\I 11mtltltl111 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR TWO .73 ACRE PARCELS GENERALLY LOCATED ON MC CARTHY ROAD EAST OF ROSEWOOD COURT SHOPPING CENTER AND 14315 McCARTHY ROAD (Manuel's Floral Shop and Garden Center) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This � day of 1- 14-7ua.)7 , 1999. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Countis, Illinois, this j` day of .5), Akt.& , 1999. 99295146 P.3 .p ORDINANCE NO. >J i-Q9 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR TWO .73 ACRE PARCELS GENERALLY LOCATED ON MC CARTHY ROAD EAST OF ROSEWOOD COURT SHOPPING CENTER AND 14315 McCARTHY ROAD (Manuel's Floral Shop and Garden Center) 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 "Manuel's 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. 99295146 Page 3 1�6 of PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this day of ,ifAAA✓ ; 1999. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT Approved by me this k day of ,1:_t(, , 1999. f11 A/■%. Nti• RD'A KWASNESKI, Village President Attest: CHARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -27- 100 - 025 -0000 22 -27- 100- 026 -0000 APPROVED AS TO FORS: DATE' — - C% G 9929514A MANUEL GARDEN CENTER ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks, Miscellaneous V Easements and Utilities VI Development Codes and Ordinances and General Matters VII Approval of Plans VIII Notice of Violations IX Maintenance Bond X Damage to Public Improvements XI Property Tax Rebates XII Binding Effect and Term and Covenants Running with the Land XIII Notices XIV Certificates of Occupancy XV Warranties and Representations XVI Continuity of Obligations XVII No Waiver or Relinquishment of Right to Enforce Agreement XVIII Village Approval or Direction XIX Singular and Plural of :_ 9929514A — .:fie 5 ut 28 XX Section Headings and Subheadings XXI Recording XXII Authorization to Execute XXIII Amendment XXIV Counterparts XXV Curing Default XXVI Conflicts Between the Text and Exhibits XXVII Severability XXVIII Definition of the Village XXIX Execution of this Agreement EXHIBITS EXHIBIT 11'1'LE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Site Plan/Preliminary Engineering D Sign Plan E Greenhouse & Office Elevations F Conditions 99295146 ,4 :: of ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and Francisco Manuel, (hereinafter referred to as "OWNER A ") and Bernice Bloom (hereinafter referred to as "OWNER B "), collectively referred to as "OWNERS "; and, WHEREAS, OWNER A is the owner of record of the real estate (hereinafter referred to as the "WEST PARCEL ", which includes the west 92 feet of the EAST PARCEL), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, OWNER B is the owner of record of the real estate (hereinafter referred to as the "EAST PARCEL "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, the WEST PARCEL and EAST PARCEL shall hereinafter be referred to as the "TERRITORIES "; and, WHEREAS, the TERRITORIES have not been annexed to any municipality; and, WHEREAS, the TERRITORIES constitute an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq.; and, WHEREAS, the OWNERS and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VTT,LAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORIES, 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 TERRITORIES and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, 3 9929914A WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORIES described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORIES are annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. .o 2:. 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 TERRITORIES to be validly annexed to the VILLAGE as promptly as possible after execution of this agreement , 2. The Plat of Annexation of said TERRITORIES 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 TERRITORIES so annexed. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORIES to the VILLAGE, the parcels shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as B -3 Commercial District. Prior to the date of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORIES have been conducted upon proper notice, and no further action need be taken by the OWNERS to cause the TERRITORIES to be rezoned as a B -3 Commercial District once the TERRITORIES are annexed to the VILLAGE. The WEST PARCEL shall be developed in accordance with the site plan, attached hereto and incorporated herein as Exhibit "C ", the sign plan, attached hereto and incorporated herein as Exhibit "D ", and the greenhouse and office elevations, attached hereto and incorporated herein as Exhibit "E ", and in accordance with the Conditions #1 through #5 as set forth in Exhibit "F ", attached hereto and incorporated within. In addition, The bulk storage of landscaping materials, such as mulch, gravel, fill and similar materials shall not be permitted on the WEST PARCEL. 2. In accordance with Section XI of the Lemont Zoning Ordinance No. 426, as amended, the present use of the EAST PARCEL for residential purposes is recognized by the VILLAGE and by OWNER B as a legal non - conforming use. Residential use of the existing dwelling by OWNER B may continue indefinitely under the B -3 zoning classification. OWNER B may make reasonable 4 9929514A 8 of 25 repairs and undertake routine maintenance of said dwelling, but may not expand or enlarge the non - conforming residential use by enlarging the floor area of the dwelling. Upon abandonment of the dwelling for a period of six months or more, residential use of the dwelling shall terminate. Any use established on any part of the EAST PARCEL after a minimum six month period of abandonment shall conform to the regulations of the B -3 Commercial District. 3. Building Permits. Within 30 days after receipt of an application by OWNERS for a building permit for construction of any buildings, or other improvements on the TERRITORIES, the VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such construction subject to satisfaction of specified conditions consistent with the terms of this Agreement, or issue a letter of denial of such permit specifying the basis of said denial by reference to the provisions of the VILLAGE's Building Code applied in accordance with this Agreement, which the subject construction would allegedly violate. If the VILLAGE conditionally approves such a permit, the VILLAGE shall issue the permit unconditionally within five (5) working days after satisfaction by the OWNERS of the specified conditions. Any stop order issued by the VILLAGE directing work stoppage on any building or other improvement on the TERRITORIES shall specify the section of the VILLAGE's Building Code allegedly violated by the OWNERS and shall give the OWNERS 30 days in which to cure or diligently commence cure of such violation. Upon correction of any such violation, work on any improvement subject to a stop order may recommence. 4. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORIES. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the B -3 District at the time of the execution of the Agreement shall be denied to the OWNERS, their successors or assigns, unless the zoning classification of the TERRITORIES 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 TERRITORIES shall be designated the zoning district most comparable to the B -3 District and permitting the commercial development. III REQUIRED IMPROVEMENTS 1. Water Supply. OWNERS shall have the right to construct and install at their expense all necessary on -site water mains to service the TERRITORIES. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains 5 929514A ra e to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. OWNERS shall have the right to construct and install at their expense all necessary sanitary sewers to service the TERRITORIES in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. OWNERS agree that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap -on fees required by the Village shall not be waived. OWNERS agree that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. All detention areas and storm sewers shall be owned and maintained by the OWNERS, with right of access by the VILLAGE for emergency maintenance purposes. The EAST PARCEL shall NOT be required to tap -on to Village water and sewer utilities until the parcel is redeveloped. IV DEDICATION AND CONSTRUCTION OF STREETS: SIDEWALKS; MISCELLANEOUS 1. Streets. All streets required have been developed and approved by the State or Cook County. No additional improvements are required by the VILLAGE. Also, OWNERS shall be required to keep all public streets adjoining the TERRITORIES free from mud and debris generated by any new construction activity on the TERRITORIES. Such streets must be cleaned at least once a week, and more often if required by VILLAGE in its sole judgement. For each day that the streets are not cleaned as required hereunder during construction, OWNERS shall be subject to a fine as provided in the Subdivision Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. 2. Sidewalks & Parkway Trees. OWNER A shall be required to construct sidewalks along the public rights -of -way, and to install parkway trees along the northern right -of -way of McCarthy Road. Concurrent with the redevelopment of the EAST PARCEL, and/or with the development of the parcel directly abutting the eastern property line of the EAST PARCEL, OWNER B shall be required to construct sidewalks along the public rights -of -way, and to install parkway trees along the northern right -of -way of McCarthy Road. Also, if at a future date the VILLAGE establishes a special assessment district for the installment of sidewalks, parkway trees or other infrastructure improvements along or near to McCarthy Road, which includes the EAST PARCEL in said district, OWNER B shall not object to the establishment of such a district. 3. Dedications. NO further dedication of right -of -way is required for McCarthy Road provided 6 9929514A , , =ti that a 50 -foot wide right -of -way as measured from the center line of McCarthy Road has been dedicated previously. 4. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of way shall be included in the required letters of credit for each phase of the development of the TERRITORIES, 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 TERRITORIES. V EASEMENTS AND UTILITIES The OWNERS agree 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, subject to the provisions of the Subdivision Control Ordinance, which may serve not only the TERRITORIES, but other territories in the general area, if requested by the VILLAGE in the future. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VII ,LAGE as grantee thereunder. It shall be the responsibility of the OWNERS to obtain all easements, both on site and off site, necessary to serve the TERRITORIES. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNERS' option, upon approval of the respective utility company. VI DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS. The development of the TERRITORIES annexed shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development is issued. Planning and engineering designs and standards shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNERS at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by OWNERS may be commenced at any time after 7 9929514A par .28 OWNERS have 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 115% of the OWNERS' Engineer's estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private, and after approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds be utilized by the OWNERS for the future payment of contractors, materials salaries and wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of said Letter of Credit and therefore should not be used for time- sensitive payment purposes. The VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to be reduced, from time to time, as major public improvements are completed, upon approval of the VILLAGE Board. OWNERS, at OWNERS' 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. OWNERS agree 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. OWNERS agree not to let debris or excessive construction waste accumulate on the TERRITORIES. OWNERS' shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORIES. The VILLAGE will not draw upon the Letter of Credit if OWNERS remove the debris as directed by the VILLAGE within the ten (10) day notice period. VII APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNERS. IF VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the 8 99295146 -- r r i �`:y�.je 1L �t' .`:ti VILLAGE shall promptly notify OWNERS in writing of the specific objection to any such submission so that OWNERS can make any required corrections or revisions. VIII NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNERS, so the OWNERS may forthwith proceed to correct such violations as may exist. Moreover, the OWNERS 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 OWNERS 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 TERRITORIES of development of it under this Agreement. IX MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNERS shall deposit with the VILLAGE a maintenance bond in the amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. X DAMAGE TO PUBLIC IMPROVEMENTS The OWNERS shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNERS, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNERS shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. 9 9929514A ; je XI PROPERTY TAX REBATES The VILLAGE hereby agrees that it shall rebate to OWNER B that portion of the real property taxes assessed against the TERRITORY, or a portion thereof, for the Village of Lemont until the TERRITORY, or a portion thereof, is sold, or developed or occupied for commercial purposes. Rebates shall be made upon receipt of paid tax receipts provided within one year of payment. XII BINDING E}1ECT 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 TERRITORIES, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof, The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VILLAGE, dedication of rights - of -way to the VILLAGE and the developmental standards established herein shall constitute covenants which shall run with the land. It is further agreed that any party to this Agreement, either in law or in equity, by suit, action, mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have other such relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. 10 997-95146 Payee 14 o'f NOTICES Unless otherwise notified in writing, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: Village President 418 Main Street Lemont, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 3. Village Administrator 418 Main Street Lemont, IL 60439 For OWNER A: For OWNER B: 1. 2. Bernice Bloom 1430 Oak Ave. Lemont, IL 60439 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XIV CERTIFICATES OF OCCUPANCY 1 Within five (5) days after request by OWNERS for a final inspection of a building within the TERRITORIES, the VILLAGE shall issue a final certificate of occupancy for such building or issue a letter of denial of a certificate of occupancy identifying the correction necessary as a condition of a certificate of occupancy and specifying the section of the Building Code relied on by the VILLAGE in its request for correction. 2. The VILLAGE, in accordance with the requirements and customary practice of the 11 99295146 15 of VILLAGE Building Department, will grant provisional permits for structures between November 1st and June 1 if weather prevents the OWNERS from completing grading, landscaping and exterior concrete or asphalt work for any such structure (it being understood that if other work remains to be done, no occupancy permit, provisional or otherwise, will be issued). As a condition of the issuance of any such provisional occupancy permit, the OWNERS shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XV WARRANTIES AND REPRESENTATIONS The OWNERS represent and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof are the OWNERS as legal title holders. 2.That the OWNERS propose to develop the TERRITORIES in the manner contemplated under this Agreement. 3 .That other than the OWNERS, no other entity or person has any interest in the TERRITORIES or its development as herein proposed. 4. That OWNERS have provided the legal description of the TERRITORIES 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 TERRITORIES by OWNERS, OWNERS 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 OWNERS and 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 12 99295146 E'3e IL imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met unless such requirements are inconsistent with this Agreement. XIX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XX SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. XXI RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNERS within 30 days after the execution hereof 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 OWNERS and 13 of 26 9929514A Page 17 of VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. XXIII AMENDMENT This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the parties hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. XXIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXV CURING DEFAULT It is understood by the parties hereto that time is of the essence of this Agreement. The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. XXVI CONFLICT BETWEEN THE TEXT AND EXHIBITS In the event of a conflict in the provisions of the text of this Agreement and the Exhibits attached hereto, the text of the Agreement shall control and govern. XXVII SE VERABILITY If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such 14 =EB 01 '9F, 10:12AY A ^TOtiOPOULOS iti r"'iC 44'1 • P. c2 23 previsions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. XXVIII DEFLVITLON 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 othervvise. pcECUTION OF AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective date of this Agreement. Lei WITNESS WHEREOF, the parties have caused Agreement to be executed on the day and year first above written. ATTEST: By: OWNER A: OWNER B: GE OF LEMONT 'pal a orporation APPROVED AS FORM 15 o a atonopoulos lage Attorney 929514A _ provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgement or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. XXVIII DEFINITION OF VILLAGE When the term VILLAGE is used herein it shall be construed as referring to the Corporate Authorities of the VILLAGE unless the context clearly indicates otherwise. X0CIX EXECUTION OF AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: By: Village Clerk OWNER A: OWNER B: 1 5 GE OF LEMONT is Municipal Corporation esi ACKNOWLEDGMENTS STATE OF ILLINOIS) SS. COUNTY OF COOK ) 99951Ar 20 c I. the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that RICHARD A. KWASNESKI personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. ,GIVEN under my hand and official seal, this g1-6) day of 'ft.ohN , 19 Co 'ssion expires ,,,.„,,„a Not blic STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) NOTARY PUPLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 99 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named Bernice Bloom personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this -� 6. day of 199 �. Commission expires 7- 3/— l 7 , 199 16 OFFICIAL SEAL GEORGE E BROGAN NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES:07 /31 /99 9929 5 1 4A - of ACKNOWLEDGMENTS STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that RICHARD A. KWASNESKI personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this , 1998: Co 'ssion expires Not olic STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) NOTARY PUrLIQ, STATE OF ILLINOIS MY COMMISSION EXPIRES C- 12.2000 99 day of I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named v c, SC c, personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this 1996\ . Commission expires Notary` 7Public OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC, STATE OF IL iy 2 S 17 7 day of ' x _) r “ -- EXHIBIT A LeUa1 Description: 2' _'146 Page 22 of 28 PARCEL A (Current C-4 zoning) OF THE WEST 214 FEET OF THE EAST 1070 FEET OF THE SOUTH 214 FEET (EXCEPT TI-E AREA SOUTH OF THE NORTHERLY LINE OF MC CARTHY ROAD)OF THE SOUTH- WEST 1/4 OF THE NORTH -WEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRIIS CIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL B (Current R -3 Zoning) OF THE EAST 214 FEET OF THE WEST 687.90 FEET OF THE SOUTH 214 FEET OF THE SOUTH -WEST 1/4 OF THE NORTH -WEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE TIED PRINCIPAL MERIDIAN PIti T. 22 -27 -100 -025 -0000 22 -27 -100- 026 -0000 PLAT OF ANNEXATION 9095146 95146 OF rARCEL THE WEST 2 +4 FEET OF THE EAST +090 FEET OF THE SOUTH 214 FEET (EXCEPT THE AREA SOUTH OF THE NCRTHERL” LINE Or MC CARTHY ROA01 OF THE SOUTHWEST IM 0E THE NORTHWEST 1.4 OF SECTION 2- TOWNSHIP JT NORTH RANGE 1+ EAST Or THE 54,80 RRINCIPAL MERIDIAN IN C000 COUNTY ILLINOIS THE EAST 2.4 FEET Or THE WEST Sr 90 FEET OF THE SOUTH 214 FEET OF THE SOUTHWEST 4 or THE NORTHWEST 1,• 0, 5EDTION 25 TOWNS* 3- NORTH RANGE 11 EAST OF THE THIRD RRINCIRAL MERIDIAN IN COOK COUNTY ILLINOIS .age 2 of 2 STATE Or ILLINOIS, S5 COUNT O< C00N1 - HEAPEBY ANNEXED THE TERRITORY DESDR19ED IN THIS PLAT OF ANNEXATION IS IDENTIFIED AS T INC0RR0RATED AND MADE A c4RT OF THE VILLAGE OF LEMONT ILLINOIS BY ORDINANCE NC ADORTEC E. THE °RESIDE, AND THE 9OARC OF TRH „TTEES OF 5410 v■LJIGE ON THIS _ DA, Or 14 BY VILLAGE PRESIDENT LEST VILLAGE CLERr /' STATE Or IL_IN0(51 COUNTY OF C0011 ARRROvEO B" THE MAYOR Or THE VILLAGE Or LEMON' ILLINOIS 41 A MEETING HE, : 'H,E. DA• tf 9Y 55 STATE OF ILLINOIS ) S5 COUNTY Or 9009, I THOMAS J CE54L AN ILLINOIS °ROFESSIONAL LAND SURVEYOR DC HEREBY CERTIr■ THAT THE ANNEXED RUT IS AN ACCURATE REPRESENTATION Or T95 TERRITORY (,491.4050 IN THE 444E44110N TO THE VILLAGE OF LEMONT DATED •HIT DA, 04 .. • 1'✓ / • INO'S r:SS1C441. LANE 5URV5598 NO 2205 �wr'FENCI NGTQQ'BE"PR0 V IDEO' FOR EROSION CONTROL PURPOSES 320.6 73Z 733 INV. 731.0 ,3'5 INV. :73135 c +TC733110 G 73760 32.78 732.28 TC732. G 732.00 t1 25' '-EOUIPMENT 48' 70 LF -6" PVC SI AT 030% �. W STALL 4" ORIFICE 25' TC733.10 PARKING TC732.63 G 732.60 G 732.13+ PROPOSED 8' NIGH CHAIN UNK FENCE 753 734 735 C T 733.55 7 TC733.65•. 10.4. 673.3.15 r ^ 1515 TC734.39 7C173-09 G 733.89+ G,7 ••i G R . r 34.49 TC733.83' 733.33 '' TC734.0 C '733.51 TC733.95 +G 73.3.45 135 '736 137' G 733.45 PROP. B.BOX . 731.45 -45.18 733.13+ -- 732 _� 2_..PIM= 732.36._ 5j M e- C AR j.-H PROP. 2" TYPE K COPPER WATER -- t ^JNV =720.90_ — q 2.1 PRESSURE TAP 1 -13/1' \.: - 73- REQUIRED MACHINE TAP —� — Z__ REQUIRED /54.- A 6 h — _ Ryan , >AA j3AS3 hh EXISTING DRIVEWAY AND 1� _FE: 90 Tf 6466 EXIST. 12' SANITA T SR EWER EXIST. 12' WATERMAIN INVc73 Nov -17 -98 02 :57P Par-'in- Clauss Sign Co_ fir`") 510 2074 P_04 99295146 Page 25 28 FLORALESHOP 72- X %" BOXED 3/4- GIS MDO SIGN DIAMOND BACKGROUND IS PMS *63 (TAN) W1 ANT'Qt1E ` I-IITE GARDEN =vTER Al'C COLOR PICTORIAL NAME PANE? IS PMS 5425 (WEDGEWCOC BLUE) W, P!'-IS 5404 (SHADOW aLLE) BORDER MANUEL'S tS PMS 48 (PRIMROSE v71-..10W) =LOWER SHOP IS ANTCUE WHITE W! ?MS 1505 (3R1Gi -fr ORANGE) OUTLINE SiGN 3ASE !S FMS 467 (BEIGE) Parvin- CLauss . S 1 i M C O I A P A V Y '65 1v...cy cx7E, C Stream. %non 6CtaE 'O.Oahprup. 630-610-202C ?r. •-r 771.77.96 FILE, MANLE Z H ht a if V....,Q..Q .119.= 5Y ftM -pnu, go, Ce.praeg, e. warn CIM V Manua b .ea Run teen , ▪ a O.....0 b aeqw. MOS L. I ar emehan w arvr ohm, has ' fly. a r �ra.ma ri1C1-:49 1 46 0- -c. 26 of 28 y,.... e aL . ." — Versa Quonset Greenhouses 99 9514 r= , 2 osr Our VersaQuonset Greenhouses are available in two standard widths— models MG79 (13' width) and MG82 (22' width). Quonsets come in three different packages Bask, Complete or Partial. They are made of a strong galva- nized 13 /8" o.d., 16 gouge tubing. Only the highest quality material and workmanship is used to ensure long life and durability of our product. We have complete detailed instructions and diagrams for quick and easy construction. We also provide door frame diagrams to help you design the ends to suit your needs. Our office staff is equipped and available during reg- ular business hours to answer any questions or offer advice on the construction and application of poly or shade cloth for your particular needs. These houses are not only simple and easy to construct, they are ideal for a variety of uses, such as: • Overwintering plant material • Heated crop greenhouse (with double poly and blower) • Frost protection or shade house in season • Storage space for vehicles, tractors, equipment, etc • Product display or walk in sales areas • Bulk products bin covers Custom Sizes Available Custom houses can be manufactured for 16', 26' and 30' width structures. 3' — 6' risers are available to extend the height of your house. Custom poly and shade cloth are available by special order. Permanent foundation sleeves are also available for all structures. Please call office for details. Heavy Duty Quonset The 22' Heavy Duty VersaQuonset Model MG92 comes in three different packages: Basic, Complete or Partial. The MG92 is made with even stronger galvanized 15/8- o.d., 15 gauge tubing. It is ideal for areas that aren't protected from extreme weather conditions such as open fields. Phone (847) 742 - 1840... Fax (817) 888 - 3818... www.midwest- trading.com 4, EXHIBIT F CONDITIONS OF APPROVAL: 99295146 age 28 of 2 1 The Project shall be built substantially in conformance with the approved site plan, and fence, sign and greenhouse elevations, except as such plans may be changed to conform to Village Codes and Ordinances. 2. The proposed greenhouse shall be of a construction and materials that conform to all applicable Village Codes and Ordinances. Temporary structures shall be discouraged. 3) Approval from the Illinois Department of Transportation shall be required for access onto McCarthy Road. 4) Approval from the Badger Pipeline Company shall be required for proposed construction within their easement on the northwest corner of the site.