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
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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,
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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
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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
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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
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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
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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
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99295146 --
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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.
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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
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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
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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
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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
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• 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.