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O-753-92 08/10/92VILLAGE OF LEMONT ORDINANCE NO. 753 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.8 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF WALKER ROAD AND MCCARTHY ROAD FOR A SHOPPING CENTER KNOWN AS ROSEWOOD COURT 'ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 10th day of August , 1992. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this lathday of August , 1992. ORDINA.NCE NO. 753 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.8 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF WALKER ROAD AND McCARTHY ROAD FOR A SHOPPING CENTER KNOWN AS ROSEWOOD COURT 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 perform the obligations as required therein; 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 "ROSEWOOD COURT ANNEXATION AGREEMENT" dated the lothday of August , 1992, (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, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this lOthday of August , 1992. AYES NAYS PASSED ABSENT Kenneth Bromberek X Barbara Buschman X Bert Ercoli X Richard Rwasneski X William Margalus X Ralph Schobert X (Abstained) Mayor Joseph Forzley X dI SMOLLEN, Village Clerk Approved by me this 10th day of August ,1992. Attest: CHARLENE SMOLLEN, Village Clerk Mail to: Village of Lemont 418 Main Street Lemont, IL 60439 Parcel Number: 22 -27- 100 -012 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 10th day of August , 1992, between VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and FIRST NATIONAL BANK OF LOCKPORT, AS TRUSTEE, UNDER TRUST AGREEMENT DATED SEPTEMBER 24, 1991, KNOWN AS TRUST NO. 72 -22290 (hereinafter referred to as "OWNER "). WITNESSETH: WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "SUBJECT PROPERTY), 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, OWNER intends to develop the SUBJECT PROPERTY consistent with a certain site plan hereinafter described; and, WHEREAS, the parties hereto desire the SUBJECT PROPERTY which is contiguous to the VILLAGE, be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the SUBJECT PROPERTY, 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, 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 SUBJECT PROPERTY 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, the corporate authority of the VILLAGE has considered the Annexation and development of the SUBJECT PROPERTY described in the Petition and has determined that the best interest of the VILLAGE would be met if the SUBJECT PROPERTY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement; and, WHEREAS, any fire protection district, library district and other entity or person entitled to notice prior to annexation of the SUBJECT PROPERTY to the VILLAGE has been given notice thereof by the VILLAGE as required by law. 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 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the SUBJECT PROPERTY to be validly annexed to the VILLAGE as promptly as possible upon the execution of this Agreement. 2. The Plat of Annexation of said SUBJECT PROPERTY 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 SUBJECT PROPERTY so annexed. II ZONING AND LAND USE RESTRICTION Upon the Annexation of the SUBJECT PROPERTY to the VILLAGE, the parcel described in Exhibit "A" shall be classified under the existing zoning ordinance as follows: LAND USE ZONING ACRES General Commercial District B -3 1.7747 III FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER The OWNER agrees to comply in all respects with all present applicable provisions of the VILLAGE Building Codes in connection with the construction of any building on the SUBJECT PROPERTY. The OWNER further agrees to pay all fees, reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of the OWNER'S proposal and obtain all permits required by the present VILLAGE Ordinances. The OWNER further agrees that all present ordinances of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and related restrictions shall apply to the development of the SUBJECT PROPERTY which is subject to the Agreement, except as may be modified by the mutual consent of the parties or by this Agreement. IV APPROVAL OF APPLICATIONS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. If VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so that OWNER can make any required correction or revisions. V CONSTRUCTION OF IMPROVEMENTS Upon completion of the construction of future improvements, or any part thereof, the OWNER shall request the VILLAGE Engineer to inspect the same. Within twenty -one (21) days after such request, the VILLAGE Engineer and /or Public Works Director shall, in writing, advise the OWNER of the condition of the improvement, what corrections, if any, are necessary, and whether same shall be accepted by the VILLAGE. Upon completion of the improvements or any part thereof, in accordance with the plans and specifications thereof, the VILLAGE shall accept the same upon deposit of a corporate guarantee for a one (1) year period after acceptance. The dedication of future improvements to the VILLAGE shall be deemed accepted upon formal action of acceptance by the corporate authorities of the VILLAGE, and the delivery by the OWNER of a properly executed Bill of Sale for all improvements contained within the dedication. VI NOTICE OF VIOLATIONS 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 OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall, insofar as possible, give advance notice to the OWNER of its intention to issue stop orders so that OWNER shall have any 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 to the public or personnel employed on or near the site. VILLAGE shall provide OWNER 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 SUBJECT PROPERTY or development of it under this Agreement. VII DAMAGE TO PUBLIC IMPROVEMENTS OWNER shall replace and repair damage to public improvements installed within, under or upon the Subject Realty resulting from construction activities by OWNER, their successors or assigns and their employees, agents, contractors or subcontractors during the term of this Agreement, but shall not be deemed hereby to have released the other party from liability or obligation in this regard. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. VIII CERTIFICATE OF OCCUPANCY (a) Within five (5) days after request by OWNER for a final inspection of a building within the Development, the VILLAGE shall issue a final certificate of occupancy for such building or such issue a letter of denial of a certificate of occupancy identifying the corrections necessary as a condition to issuance of a certificate of occupancy and specifying the section of the Building Code relied upon by the VILLAGE in its request for correction. If, after final inspection or reinspection, the VILLAGE'S inspector does not request in writing correction of any items, immediate occupancy of the building shall be permissible. - (b) The VILLAGE shall issue a temporary occupancy certificate for any building within the Development before completion of the building if said building may be occupied safely prior to full completion without endangering life or public welfare. IX PRESENT IMPROVEMENTS Notwithstanding the terms of the Subdivision and the Zoning Ordinance, the Village accepts all buildings and improvements as they are now situated on the subject property. The Owner shall not be required to make any further improvements at the present time. The Owner acknowledges that certain buildings shall be treated as prior non- conforming uses and as such will be treated as any other non- conforming use in the Village of Lemont. The Owner acknowledges that all future improvements or buildings contructed on the subject property shall be subject to the zoning ordinance, subdivision ordinance and the building code of the Village of Lemont. X WATER SYSTEM CONNECTION The VILLAGE agrees that the subject property may be served by the existing private well as its primary water source for a period of three (3) years from the date of the execution of this agreement. The owner shall connect to the VILLAGE operator water system upon the expiration of this three year period, upon the petition of the OWNER, or until such time as additional commercial buildings are constructed on the subject property, whichever shall occur first. XI MISCELLANEOUS (a) All provisions, conditions, and regulations as set forth in this Agreement and the documents or plans to which it refers shall supersede all VILLAGE ordinances, codes and regulations that are in conflict therewith as they may apply to the SUBJECT PROPERTY. However, where this Agreement is silent, the VILLAGE ordinances shall apply and control. (b) Notwithstanding any other provisions contained herein to the contrary with respect to the SUBJECT PROPERTY, the Agreement shall be effective for a term of twenty (20) years from the date hereof or, if longer, the longest term permitted by law. (c) This Agreement shall bind the heirs, successors, and assigns of the OWNERS, the VILLAGE, the Corporate Authorities and their successors in office. This Agreement shall inure to the benefit of the parties hereof, their successors and assigns, provided that the OWNERS shall have no right to assign this Agreement except in connection with conveyances of all or any portion of the SUBJECT PROPERTY. (d) Nothing herein shall in any way prevent the alienation, encumbrance or sale of the SUBJECT PROPERTY or any portion thereof and the new OWNER or OWNERS shall be both benefitted and bound by the conditions and restrictions herein expressed. (i) Within thirty (30) days after the execution hereof, the text of this Agreement (or a suitable memorandum hereof) shall be recorded at the sole cost and expense of the OWNER in the Office of the Recorder of Cook County, Illinois. (ii) 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 such relief for the breach thereof as may be authorized by law or which by law or in equity is available to them. (e) It is understood by the parties hereto that time is of the essence of this Agreement. It is further understood that upon the occurrence of a default of any of the provisions of this Agreement, which default continues for ten (10) days after a notice specifying such default is given the defaulting party, the injured party hereto may in law or in equity, by suit, action, mandamus or other proceeding, including specific performance, enforce or compel the performance of this Agreement by such defaulting party. (f) The OWNER and the VILLAGE further agrees to release and discharge one another from any claim or cause of action resulting from any defect or invalidity of this Agreement. (g) In the event any portion of the Agreement or part thereof shall be deemed invalid, such invalidity of said provision or part thereof shall not affect the validity of any other provision hereof; provided, however, any invalidity of Sections I, II or III of this Agreement shall, at the option of OWNER, make this entire Agreement void and of no force or effect, whereupon the Parcel shall be promptly deannexed from the VILLAGE. (h) Unless stated otherwise elsewhere herein, any notice required or permitted under this Agreement shall be in writing and shall be deemed given when mailed by registered or certified mail. If to the OWNERS: First National Bank of Lockport, as Trustee, Trust No. 72 -22290 800 S. State St. Lockport, IL 60441 and James Bambrick 15543 127th St. Lemont, IL 60439 If to the VILLAGE: Village of Lemont 418 Main St. Lemont, IL 60439 and John Antonopoulos 15419 127th St. Lemont, IL 60439 (i) The amendment of any existing ordinance of the VILLAGE shall not hereafter be effective against the Parcel during the term of this Agreement. However, in the event any provision of such amendment shall be less restrictive than the existing law, the OWNERS or their successors may elect to be bound by such provision as such amendment may affect the SUBJECT PROPERTY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: VILLAGE OF LEMONT AND THE CORPORATE AUTHORITY THEREOF ATTEST: 6. ,,v7„& FIRST NATIONAL BANK OF LOCKPORT, AS TRUSTEE, TRUST NO. 72 -22290 BY: THIS INSTRUMENT IS EXECUTED BY THE FIRST NATIONAL BANK OF LOCKPORT NOT PERSONALLY BUT SOLELY AS TRUSTEE AS AFORESAID. ALL THE COVENANTS ANU CONDITIONS TO BE PERFORMED HEREUNDER BY THE FIRST NATIONAL BANK OF LOCKPORT ARE UNDERTAKEN BY IT SOLELY AS TRUSTEE AS AFORESAID AND NOT INDIVIDUALLY AND NO PERSONAL LIABILITY SHALL BE ASSERTED OR BE ENFORCEABLE AGAINST THE FIRST NATIONAL BANK OF LOCKPORT BY REASON OF ANY OF THE COVENANTS STATEMENTS, REPRESENTATIONS OR WARRANTIES CONTAINED IN THE INSTRUMENT. EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTH WEST 1/4 OF THE NORTH WEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF THE SOUTH WEST 1/4 OF THE NORTH WEST 1/4 OF SAID SECTION 27; THENCE EASTERLY A DISTANCE OF 259.90 FEET ON THE SOUTH LINE OF THE SOUTH WEST 1/4 OF THE NORTH WEST 1/4 OF SAID SECTION 27; THENCE NORTHERLY A DISTANCE OF 428 FEET; THENCE WESTERLY A DISTANCE OF 262.21 FEET; THENCE SOUTHERLY A DISTANCE OF 428 FEET OF THE WEST LINE OF SAID SECTION 27 TO THE POINT OF BEGINNING (EXCEPT ALL THAT PART LYING SOUTH OF THE NORTHERLY LINE OF McCARTHY ROAD) IN COOK COUNTY, ILLINOIS. Pm' as a?? /bo ova 001-n /Yt do I k/764/ A $ L'7263 I eA,0 f , r/ 6 o y3% P1oJ � /61.,id BAMBRICKAlEANERIMPC. DemeamemAxme 15643127TH STREET L 1ONT, IWNCT ' .