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O-696-91 06/24/91VILLAGE OF LEMONT ORDINANCE NO. 696 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY KNOWN AS RANQUIST ARCHER AND DERBY CORNER ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This c ( day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Coo ounty, Illinois, thisc7 ((dayof 1991. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMSEXATION AGREEMENT FOR THE PROPERTY KNOWN AS RANQUIST ARCHER AND DERBY CORNER WHEREAS, the Annexation Agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the developers and the legal owners of record of the territory which is the subject of said agreement are ready, willing and able to enter into said agreement and to perform the obligations as required hereunder; 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, COUNTY OF COOK, 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 " RANQUIST ARCHER AND DERBY CORNER ANNEXATION AGREEMENT" dated the day of 1991, (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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this day of , 1991. Richard KwaJ sneski Kenneth S. Bromberek Barbara Buschman William Margalus Ralph Schobert Bert Ercoli Approved by me this AYES NAYS PASSED A! NT V i0 MOLL N Village CHARLENE S age C e rk day of 9„, , 1991. Attest: ENE SM S L - , Village Clerk \B: \ORDINANC \DERBY.AUT O LEY, Village' Preent v ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of ..;OFFICIAL BUSINESS VILLAGE OF LEMONT 418 Main St Lemont, I1 60439 (708)257 -6421 1991, between the VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and the FIRST NATIONAL BANK OF EVERGREEN PARK AS TRUSTEE UNDER TRUST NUMBER 10698 DATED MAY 19, 1991 (hereinafter referred to as "OWNER ") and ROBERT C. RANQUIST & CO., INC. (hereinafter referred to as "DEVELOPER "). WITNESSETH: . DEPT -01 RECORDING $21.50 . 113333 TRAN 8668 08/30/91 09:44:00 . 41231 3 C *-91-4494-46 . COOK COUNTY RECORDER 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, OWNER has submitted to the VILLAGE a Petition for Annexation; and WHEREAS, DEVELOPER intends the TERRITORY to develop in accordance with those uses and special uses as allowed under the B -3 category of the VILLAGE Zoning Ordinance, except for certain excluded uses; and WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, DEVELOPER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, 1 ANNEXATION AGREEMENT 9 THIS AGREEMENT, made and entered into this 07 day of OFFICIAL BUSINESS VILLAGE OF LEMONT 418 MAin St Lemont, I1 60439 (708)257 -6421 , 1991, between the VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and the FIRST NATIONAL BANK OF EVERGREEN PARK AS TRUSTEE UNDER TRUST NUMBER 10698 DATED MAY 19,1991 (hereinafter referred to as "OWNER ") and ROBERT C. RANQUIST & CO., INC. (hereinafter referred to as "DEVELOPER "). WITNESSETH: 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, OWNER has submitted to the VILLAGE a Petition for Annexation; and WHEREAS, DEVELOPER intends the TERRITORY to develop in accordance with those uses and special uses as allowed under the B -3 category of the VILLAGE Zoning Ordinance, except for certain excluded uses; and WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, DEVELOPER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, 1 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 so annexed; and, WHEREAS, notice has been given to the appropriate municipal authorities as required by law to receive such notice; and WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of that 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, said hearings were held pursuant to notice as required by law, and said public hearings were held prior to the execution of this Agreement; and WHEREAS, the corporate authority of the VILLAGE has considered the Annexation and development 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: 2 I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, 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 the execution of this Agreement. 2. The Plat of 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 and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the attached as Exhibit "B" shall be classified under the existing zoning ordinance as B -3, except that the following named uses shall not be permitted: 24-hour grocery sales stores, gasoline stations, liquor establishments or automobile sales establishments. III EASEMENTS The VILLAGE shall cooperate with DEVELOPER in obtaining and granting all necessary easements in and to VILLAGE owned rights -of -way, and in acquiring (through exercise of the power of eminent domain, or otherwise) such other rights -of -way as may be required to enable DEVELOPER to provide potable water and sanitary sewer service to the TERRITORY. Iv FEES. BUILDING ORDINANCES. PERMITS AND GENERAL MATTER The DEVELOPER agrees to comply In all respects with all present and MYiture applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings on the TERRITORY. The DEVELOPER further agrees that all present and future ordinances of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and related restrictions shall apply to the development of the TERRITORY which is the subject of this Agreement, except as may be modified by the mutual consent of the parties. V GENERAL PROVISIONS A. BUILDING PERMIT: Lemont agrees that within twenty -one (21) days after receipt of a complete application, it will either issue such building and other permits as may, from time to time be requested by Owners, their successors and assigns, or issue a Letter of Denial within said period of time, informing the Owners, their successors an assigns, as to the specific deficiencies in the application for permits, plans or specifications. All of such permit applications, plans and specifications, shall conform to this Agreement and all applicable ordinances and codes. B. OCCUPANCY CERTIFICATES: Lemont agrees to issue Certificate of Occupancy within ten (10) days after the application or issue a Letter of Denial within said period of time informing Owners, their successors or assigns, specifically as to what corrections are necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or ordinance relied upon by Lemont in its request for correction. 4 VI RECORDATION The parties agree to do all things necessary to cause a Memorandum of this Agreement to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. Said Memorandum shall be executed contemporaneously with this Agreement and recorded within ten (10) days of execution. Should any title insurance company issuing commitments for title insurance raise this Memorandum as an objection to title, Lemont, shall, if the Owners, their successors and assigns have complied in all respects with the terms of this Agreement exercise its best efforts to secure the waiving of this Memorandum as a title objection. VII )MISCELLANEOUS PROVISIONS A. NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 1. VILLAGE AT: Village of Lemont 418 Main Street Lemont, Illinois 60439 2. OWNERS AT: First National Bank of Evergreen Park as Trustee u/t No. 10698 dated May 19, 1990 c/o Louis A. Witrey 4219 West 95th Street Oak Lawn, Illinois 60453 3. 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. 5 B. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of f record of the Subject Realty, their assigns, lessees and upon any successor municipal authority of Lemont and successor municipalities, for a period of twenty (20) years from the date set forth in the first paragraph of this Agreement. This Agreement may be amended from time to time with the consent of the parties hereto, pursuant to statue in such case made and provided. C. SEVERABILITY: This Agreement is entered into pursuant to the provision of Chapter 24, Section 11.15.1 et seq., Illinois Revised Statutes, 1989, as amended. The corporate authorities of Lemont have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this Agreement, or any provision, clause, wording or designation contained within this Agreement is held to be invalid by any Court of competent jurisdiction, such part, portion, provision, clause, wording or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall nct affect the remaining portions thereof. D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity including an action for specific performance to secure the performance of the covenants contained herein. E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves, their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement, and the parties hereby confirm and admit their truth and 6 validity and hereby incorporate such representations, warranties and recitals into this Agreement and the same shall continue during the term of this Agreement. F. GENDER Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the singular number shall include the plural, and words imparting the plural shall include the singular. G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement. H. CONFLICT IN REGULATIONS: 1. The provisions of this Agreement shall supersede the provisions of any ordinance, codes, policies or regulations of Lemont which may be in conflict with the provisions of this Agreement. 2. Pursuant to the requirements of statute, the corporate authorities of the Village of Lemont shall adopt such ordinances as may be necessary to put into effect the terms and provisions of this Agreement. I. CHANGES IN REGULATIONS: It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Control, Planned Unit Development, Building Code and all other ordinances including all fees and charges of Lemont, 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 of Lemont, shall apply to the Subject Realty. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the Zoning District at the time of the execution of this Agreement shall bed denied to the Owners, their successors 7 or assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. A't'I'EST: /4i€ 177 VILLAGE CLERK OWNERS: Attest: VILLAGE OF LEMONT AND THE CORPORATE AUTHORITY THEREOF SEE ATTACHED RIDER FOR FIRST NATIONAL BANK OF EXECUTION BY TRUSTEE EVERGREEN PARK AS TRUSTEE UNDER TRUST NO. 10698 Trust Offi DEVELOPER \B: \VILLAGE \DERBY.ARC 8 BY: j27i„�„ Vice Presider icer ROBERT C. RANQUIST & CO., INC. EXHIBIT "A" THAT PART OF LOT 15 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS' COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARCHER ROAD AS PAVED, WITH THE CENTER LINE OF DERBY ROAD (ALSO BEING THE EAST LINE OF LOT 15 AFORESAID); THENCE SOUTHWESTERLY ALONG SAID CENTER LINE OF ARCHER ROAD AS PAVED, 402.F0 FEET; THENCE SbU'$HEASTERLY ON A LINE WHICH I5 AT RIGHT ANGLES TO THE CENTER LINE OF ARCHER ROAD AS PAVED, 432.57 FEET 10 THE CENTER LINE OF DERBY ROAD; THENCE NORTH ALONG THE ENTER LINE OF DERBY ROAD, 591.07 FEET TO THE PLACE OF BEGINNING, EXCEPT THAT PART OF LOT 15 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, TAKEN BY CONDEMNATION SUIT CASE NUMBER 79L 28418, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARCHER ROAD AS PAVED WITH THE CENTER LINE OF DERBY ROAD (ALSO BEING THE EAST LINE OF LOT 15 AFORESAID)) THENCE SOUTHWESTERLY, ALONG SAID CENTER LINE OF ARCHER ROAD AS PAVED, 402.80 FEET; THENCE SOUTHEASTERLY ON A LINE WHICH IS AT RIGHT ANGLES TO THE CENTER LINE OF ARCHER ROAD AS PAVED, A DISTANCE OF 42 FEET TO A POINT; THENCE NORTHEASTERLY, PARALLEL WITH THE CENTER LINE OF ARCHER ROAD AS PAVED, A DISTANCE OF 288.70 FEET TO A POINT; THENCE SOUTHEASTERLY A DISTANCE OF 22.10 FEET, MORE OR LESS, TO A POINT OF THE WESTERLY LINE OF DERBY ROAD WHICH IS ON A LINE PARALLEL WITH AND 54.96 FELT SOUTHEASTERLY OF THE CENTER LINE OF ARCHER ROAD; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 45.07 FEET TO THE CENTER LINE OF DERBY ROAD; THENCE NORTHERLY ALONG SAID CENTER LINE OF DERBY ROAD A DISTANCE OF 75.07 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. RIDER ATTACHED TO Annexation Agreement DATED June 20, 1991 UNDER TRUST NO. 10698 Executed and delivered by FIRST NATIONAL BANK OF EVERGREEN PARK not in its individual capacity, but solely in the capacity herein described for the purpose of binding the herein described property, and it is expressly understood and agreed by the parties hereto, anything herein to the contrary notwithstanding that each and all of the undertakings and agreements of the Trustee, or for the purpose of binding the Trustee personally, but executed and delivered by the Trustee solely in the exercise of the powers conferred upon it as such Trustee, and no personal liability or personal responsibility is assumed by, or shall at any time be asserted or enforced against said Trustee on account hereof or on account of any undertaking or agreement herein contained, either expressed or implied, all such personal liability, if any being hereby expressly waived and released by all other parties hereto, and those claiming by, through or under them. ATTEST: AstAggggIcKTrust Officer FIRST NATIONAL BANK OF EVERGREEN PARK not individually, bu as`;Trustee Under Trust No. 10698 ANNEXATION AGREEMENT OFFICIAL BUSINESS VILLAGE OF LEMONT 418 Main St Lemont, I1 60439 (708)257 -6421 THIS AGREEMENT, made and entered into this v19q day of 1991, between the VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and the FIRST NATIONAL BANK OF EVERGREEN PARK AS TRUSTEE UNDER TRUST NUMBER 10698 DATED MAY 19,1991 (hereinafter referred to as "OWNER ") and ROBERT C. RANQUIST & CO., INC. (hereinafter referred to as "DEVELOPER "). WITNESSETH: DEPT -01 RECORDING $21.50 . T :3333 IRAN 8668 08/30/91 09:44:00 • 412314 c: 3i-91-449446 • COOK COUNTY RECORDER 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, OWNER has submitted to the VILLAGE a Petition for Annexation; and WHEREAS, DEVELOPER intends the TERRITORY to develop in accordance with those uses and special uses as allowed under the B -3 category of the VILLAGE Zoning Ordinance, except for certain excluded uses; and WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, DEVELOPER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, 1 t 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 so annexed; and, WHEREAS, notice has been given to the appropriate municipal authorities as required by law to receive such notice; and WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of that 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, said hearings were held pursuant to notice as required by law, and said public hearings were held prior to the execution of this Agreement; and WHEREAS, the corporate authority of the VILLAGE has considered the Annexation and development 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: 2 1' I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, 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 the execution of this Agreement. 2. The Plat of 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 and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the attached as Exhibit "B" shall be classified under the existing zoning ordinance as B -3_ except that the following named uses shall not be permitted: 24-hour grocery sales stores, gasoline stations, liquor establishments or automobile sales establishments. III EASEMENTS The VILLAGE shall cooperate with DEVELOPER in obtaining and granting all necessary easements in and to VILLAGE owned rights -of -way, and in acquiring (through exercise of the power of eminent domain, or otherwise) such other rights -of -way as may be required to enable DEVELOPER to provide potable water and sanitary sewer service to the TERRITORY. 3 IV FEES, BUILDING ORDINANCES. PERMITS AND GENERAL MATTER The IEVELOPER agrees to comply in all respects with all present and future applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings on the TERRITORY. The DEVELOPER further agrees that all present and future ordinances of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and related restrictions shall apply to the development of the TERRITORY which is the subject of this Agreement, except as may be modified by the mutual consent of the parties. V GENERAL PROVISIONS A. BUILDING PERMIT: Lemont agrees that within twenty -one (21) days after receipt of a complete application, it will either issue such building and other permits as may, from time to time be requested by Owners, their successors and assigns, or issue a Letter of Denial within said period of time, informing the Owners, their successors an assigns, as to the specific deficiencies in the application for permits, plans or specifications. All of such permit applications, plans and specifications, shall conform to this Agreement tAD and all applicable ordinances and codes. B. OCCUPANCY CERTIFICATES: Lemont agrees to issue Certificate of Occupancy within ten (10) days after the application or issue a Letter of Denial within said period of time informing Owners, their successors or assigns, specifically as to what corrections are necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or ordinance relied upon by Lemont in its request for correction. 4 VI RECORDATION The parties agree to do all things necessary to cause a Memorandum of this Agreement to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. Said Memorandum shall be executed contemporaneously with this Agreement and recorded within ten (10) days of execution. Should any title insurance company issuing commitments for title insurance raise this Memorandum as an objection to title, Lemont, shall, if the Owners, their successors and assigns have complied in all respects with the terms of this Agreement exercise its best efforts to secure the waiving of this Memorandum as a title objection. VII MISCELLANEOUS PROVISIONS A. NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 1. VILLAGE AT: Village of Lemont 418 Main Street Lemont, 111inois 60439 2. OWNERS AT: First National Bank of Evergreen Park as Trustee u/t No. 10698 dated May 19, 1990 c/o Louis A. Witrey 4219 West 95th Street Oak Lawn, Illinois 60453 3. 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. 5 B. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the Subject Realty, their assigns, lessees and upon any successor municipal authority of Lemont and successor municipalities, for a period of twenty (20) years from the date set forth in the first paragraph of this Agreement. This Agreement may be amended from time to time with the consent of the parties hereto, pursuant to statue in such case made and provided. C. SEVERABILITY: This Agreement is entered into pursuant to the provision of Chapter 24, Section 11 -15.1 et seq., Illinois Revised Statutes. 1989, as amended. The corporate authorities of Lemont have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this Agreement, or any provision, clause, wording or designation contained within this Agreement is held to be invalid by any Court of competent jurisdiction, such part, portion, provision, clause, wording or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect the remaining portions thereof. D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity including an action for specific performance to secure the performance of the covenants contained herein. E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves, their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement, and the parties hereby confirm and admit their truth and 6 validity and hereby incorporate such representations, warranties and recitals into this Agreement and the same shall continue during the term of this Agreement. F. GENDER: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the singular number shall include the plural, and words imparting the plural shall include the singular. G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement. H. CONFLICT IN REGULATIONS: 1. The provisions of this Agreement shall supersede the provisions of any ordinance, codes, policies or regulations of Lemont which may be in conflict with the provisions of this Agreement. 2. Pursuant to the requirements of statute, the corporate authorities of the Village of Lemont shall adopt such ordinances as may be necessary to put into effect the terms and provisions of this Agreement. I. CHANGES IN REGULATIONS: It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Control, Planned Unit Development, Building Code and all other ordinances including all fees and charges of Lemont, 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 of Lemont, shall apply to the Subject Realty. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the Zoning District at the time of the execution of this Agreement shall bed denied to the Owners, their successors 7 or assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be i executed on the day and year first above written. ATTEST: OWNERS: Attest: VILLAGE OF LEMONT AND THE CORPORATE AUTHORITY THEREOF SEE ATTACHED RIDER FOR FIRST NATIONAL BANK OF EXECUTION BY TRUSTEE EVERGREEN PARK AS TRUSTEE UNDER TRUST NO. 10698 Trust Officer DEVELOPER \B: \VILLAGE \DERBY.ARC 8 B rte,« ice 'resi.ent :Al rust ic:r ROBERT C. RANQUIST & CO., INC. EXHIBIT "A" i THAT PART OF LOT 15 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWSi COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARCHER ROAD AS PAVED, WITH THE CENTER LINE OF DERBY ROAD (ALSO BEING THE EAST LINE OF LOT 15 AFORESAID); THENCE SOUTHWESTERLY ALONG SAID CENTER LINE OF ARCHER ROAD AS PAVED, 402.F0 FEET; THENCE S()U'+HEASTERLY ON A LINE WHICH IS AT RIGHT ANGLES TO THE CENTER LINE OF ARCHER ROAD AS PAVED, 432.57 FEET TO THE CENTER LINE OF DERBY ROAD; THENCE NORTH ALONG THE 6ENTER LINE OF DERBY ROAD, 591.07 FEET TO THE PLACE OF BEGINNING, EXCEPT THAT PART OF LOT 15 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, TAKEN BY CONDEMNATION SUIT CASE NUMBER 79L 28418, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARCHER ROAD AS PAVED WITH THE CENTER LINE OF DERBY ROAD (ALSO BEING THE EAST LINE OF LOT 15 AFORESAID); THENCE SOUTHWESTERLY, ALONG SAID CENTER LINE OF ARCHER ROAD AS PAVED, 402.80 FEET; THENCE SOUTHEASTERLY ON A LINE WHICH IS AT RIGHT ANGLES TO THE CENTER LINE OF ARCHER ROAD AS PAVED, A DISTANCE OF 42 FEET TO A POINT; THENCE NORTHEASTERLY, PARALLEL WITH THE CENTER LINE OF ARCHER ROAD AS PAVED, A DISTANCE OF 288.70 FEET TO A PAINT; THENCE SOUTHEASTERLY A DISTANCE OF 22.10 FEET, MORE OR LESS, TO A POINT OF THE WESTERLY LINE OF DERBY ROAD WHICH IS ON A LINE PARALLEL WITH AND 54.96 FEET SOUTHEASTERLY OF THE CENTER LINE OF ARCHER ROAD; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 45.07 FEET TO THE CENTER LINE OF DERBY ROAD; THENCE NORTHERLY ALONG SAID CENTER LINE OF DERBY ROAD A DISTANCE OF 75.07 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. RIDER ATTACHED TO Annexation Agreement DATED June 20, 1991 UNDER TRUST NO. 10698 Executed and delivered by FIRST NATIONAL BANK OF EVERGREEN PARK not in its individual capacity, but solely in the capacity herein described for the purpose of binding the herein described property, and it is expressly understood and agreed by the parties hereto, anything herein to the contrary notwithstanding that each and all of the undertakings and agreements of the Trustee, or for the purpose of binding the Trustee personally, but executed and delivered by the Trustee solely in the exercise of the powers conferred upon it as such Trustee, and no personal liability or personal responsibility is assumed by, or shall at any time be asserted or enforced against said Trustee on account hereof or on account of any undertaking or agreement herein contained, either expressed or implied, all such personal liability, if any being hereby expressly waived and released by all other parties hereto, and those claiming by, through or under them. FIRST NATIONAL BANK OF EVERGREEN PARK not individually, bu .s- Trustee Under ust No. 10698 BY '. Vice Pre ATTEST: