O-747-92 07/27/9293206246
VILLAGE OF LEMONT
ORDINANCE NO. 74' 7
ITEM VI.B.5.
MAR 19 199.i
. DEPT-09 MSC $63.00
T42222 TRAM 7841 03/19/93 09.43 =00
▪ 41501:4 3E- 93- 206246
C:t)i ?Y CCOUNTY RECORDER
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR OAK TREE
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This o0 day of
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 a % th
day of , 1992.
, 1992.
VILLAGE C?
410
Lemont, Illinois C0433
ORDINANCE NO. y 7
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR OAK TREE
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, specifically Chapter 24, Article 11, Division 15.1 of the
Illinois Revises Statutes, 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, WILL AND
DUPAGE, 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 "OAK TREE ANNEXATION
AGREEMENT" dated the 01 ? day of 9,4„. , 1910 as to approximately 20
acres, (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, WILL AND DUPAGE,
ILLINOIS, on this 7 day of Q„,9 , 1992.
9i7Z902C6
Kenneth S. Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
Approved by me this 7 day of
Attest:
AYES NAYS PASSED ABSENT
v
v
V
V
CHARLENE SMOLLEN, Village Clerk
1992.
�inreevx--
CHARLENE SMOLLEN, Village Clerk
\B: \ORDINANCE \OAK.AUT
SEP . ORZLEY ' illa ' President
ANNEXATION AGREEMENT
THI AGREEMENT, made and entered into this � day of
, 1992, between the VILLAGE OF LEMONT, a municipal
cor ra /on 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 10894 DATED OCTOBER
6, 1989 (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 single - family residential uses as allowed
under the R -4 category of the VILLAGE Zoning Ordinance; 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,
WHEREAS, OWNER and DEVELOPER desire that the TERRITORY be
provided with public water and sewer services of the VILLAGE, and
intend to extend the VILLAGE'S potable water and sanitary sewer
service facilities (which facilities, together with public streets
and other public improvements, are hereinafter referred to as the
"Improvements ", and are listed on Exhibit B, attached hereto and
incorporated herein) , at no cost to the VILLAGE, from their current
points of terminus to those points necessary to provide such
services to the TERRITORY; and
WHEREAS, OWNER and DEVELOPER and the VILLAGE have previously
entered into an agreement entitled "UTILITY EXTENSION AGREEMENT FOR
OAK TREE by ROBERT C. RANQUIST & CO., INC." (the "UTILITY
AGREEMENT "), dated February 13, 1990, which Utility Agreement the
parties intend shall be superseded by the terms and conditions of
this 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 authorities of said VILLAGE have duly fixed a time for
and held a hearing upon the Annexation Agreement and have given
notice of said hearing; and,
WHEREAS, said hearing was held pursuant to notice as required
by law, and said hearing was held prior to the execution of this
Agreement; and
WHEREAS, the corporate authorities of the VILLAGE have
considered the Annexation and development of the TERRITORY
described in the Petition and have 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 and incorporated herein as Exhibit "C ". 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 "C" shall be classified
under the existing zoning ordinance as R -4, in accordance with the
Site Plan (the "Site Plan ") attached hereto and incorporated herein
as Exhibit "D ".
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
WATER
A. As part of the Improvements, DEVELOPER shall extend water
mains, including but not limited to a sixteen -inch (16 ") water
transmision line (the "16" Water Transmission Line "), to provide
potable water service to the territory from off -site locations in
accordance with the engineering plans and specifications therefor
reasonably approved by the VILLAGE Engineer. Said extension shall
be constructed at no cost to the VILLAGE and shall be conveyed to
the VILLAGE after completion.
B. It is the intent of the Parties that the DEVELOPER shall
extend off -site water mains to the TERRITORY sufficient to deliver
a minimum of 1,000 gallons per minute fire flow plus domestic flow
with a 20 pound per square inch residual pressure as currently
outlined in the Illinois Fire Insurance Codes and required by the
Lemont Fire Protection District.
C. All water mains constructed by DEVELOPER shall remain
DEVLOPER'S responsibility until such time as they are approved and
accepted by the VILLAGE as provided by the VILLAGE's Subdivision
Ordinance.
D. Water mains shall be designed in accordance with the
requirements of the State of Illinois Environmental Protection
Agency ( "IEPA ") Bureau of Public Water Supply and with the domestic
and fire protection needs of the proposed development of the
TERRITORY, as reasonably approved by the VILLAGE Engineer.
E. The VILLAGE warrants that it owns, operates and maintains
a potable water supply and distribution system within its borders
and water mains within the right -of -way of McCarthy Road. All
inspection, tap -on and user fees assessed in relation to potable
water service shall be assessed at the rate as set forth in the
applicable VILLAGE ordinances, codes, regulations or policies. 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 service to the TERRITORY.
4
v
SANITARY SEWERS
A. As part of the Improvements, DEVELOPER shall extend
sanitary sewers to provide sewer service to the TERRITORY in
accordance with the engineering plans and specifications therefor
reasonable approved by the Village Engineer. Said extension shall
be constructed at no cost to the VILLAGE and shall be conveyed to
the VILLAGE after completion.
B. Sanitary sewers shall be designed in accordance with
those standards adopted by the VILLAGE Board of Health and Great
Lakes Board of Public Health Engineers and the requirements of the
Metropolitan Water Reclamation District and the IEPA.
C. All sanitary sewers constructed by DEVELOPER shall remain
DEVELOPER'S responsibility until such time as they are approved and
accepted by the VILLAGE as provided by ordinance.
D. The VILLAGE shall cooperate with DEVELOPER and execute
all applications, permit requests and other documents required to
obtain the necessary approvals from the Metropolitan Water
Reclamation District and /or the IEPA to allow DEVELOPER to connect
to existing sanitary sewer lines owned by the Metropolitan Water
Reclamation District and extend same to service the TERRITORY.
DEVELOPER (or the owners of individual homesites, if such is the
case) shall pay to the requisite governmental entity all necessary
standard permit, inspection and tap -on fees that are required
pursuant to the applicable VILLAGE ordinances, codes, regulations
or policies at the time of connection.
VI
RECAPTURE OF UTILITY EXTENSION AND OTHER COSTS
The VILLAGE acknowledges the DEVELOPER'S construction of
potable water (including but not limited to the 16" Water
Transmission Line) and sanitary sewer systems in the manner shown
on the preliminary engineering plans for the development of the
TERRITORY may reasonably be expected to benefit properties (the
"Benefited Properties ") other than the TERRITORY, and that the
extension of said sustems is consistent with and furthers the
fulfillment of the VILLAGE's planning efforts. The VILLAGE agrees
that, upon verification from the VILLAGE Engineer of the costs to
DEVELOPER of the installation of said potable water and sanitary
sewer systems, the extent of the service area of said
installations, and the list of Benefited Properties, the VILLAGE
will adopt a recapture ordinance or ordinances (the "Recapture
Ordinance ") and approve a recapture agreement or agreements (the
5
"Recapture Agreement ") with the DEVELOPER that will allow DEVELOPER
to recapture that portion of the costs and expenses of installation
of said potable water and sanitary sewer systems attributable to
the Benefited Properties. The provisions of the Recapture
Agreement shall be subject to the reasonable approval of the
VILLAGE and DEVELOPER.
VII
ROADWAYS
A. All interior streets within the TERRITORY shall be
publicly dedicated. Said streets shall be constructed in
accordance with the VILLAGE's current Subdivision Regulations
except as varied or waived as set forth herein.
B. The intersection of the TERRITORY'S entrance with Archer
Avenue shall be improved in accordance with the recommendations of
the governmental bodies having jurisdiction over said roadways.
C. Except as set forth herein, no other roadway improvements
in connection with the development of the TERRITORY pursuant to the
Site Plan shall be required by the VILLAGE of OWNER or DEVELOPER.
VIII
GO
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
The DEVELOPER 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.
6
IX
GENERAL PROVISIONS
A. BUILDING PERMIT: The VILLAGE 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 Owner, its successors and assigns, or issue
a letter of Denial within said period of time, informing the Owner,
its successors and 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: The VILLAGE 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
Owner, its 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 the VILLAGE in its request for correction.
C. REIMBURSEMENT OF FEES: In connection with review by the
VILLAGE of plans and specifications for the Improvements, the
DEVELOPER shall reimburse the VILLAGE, within thirty (30) days of
receipt by DEVELOPER of an invoice from the VILLAGE therefor, for
reasonable planning, engineering and legal fees incurred as a
result of the DEVELOPER'S proposal, and shall obtain all permits
required by present and future VILLAGE Ordinances for installation
of the Improvements. All "tap -on" and other fees for connections
to public utilities shall be paid at the time permits authorizing
such connections are issued, shall be in such amounts as then
established by the VILLAGE, and shall be payable by those persons
or entities seeking such permits.
D. APPROVAL OF PLANS AND DRAWINGS: The VILLAGE agrees to
take action to approve or disapprove all plats, plans and
engineering drawings submitted to VILLAGE by DEVELOPER, within
thirty (30) days of submittal thereof. If VILLAGE shall determine
that any such submission is not in substantial accordance with this
Agreement and applicable laws, ordinanaces, regulations or policies
of the VILLAGE, the VILLAGE shall, within said thirty (30) day
period, notify DEVELOPER in writing of the specific objection to
any such submission so that DEVELOPER can make any required
corrections or revisions.
7
E. EXECUTION OF APPLICATIONS: The VILLAGE shall cooperate
with DEVELOPER in executing all applications for and securing all
necessary non - VILLAGE permits, approvals, licenses and
authorizations from all governmental and quasi - governmental .
agencies and authorities having jurisdiction over the TERRITORY
and those portions of unincorporated Lemont Township through which
the Improvements must traverse.
X
IMPACT FEES /CONTRIBUTIONS
The VILLAGE recognizes and acknowledges that the DEVELOPER has
heretofore paid to the VILLAGE the amount of $70,539.20, and the
VILLAGE has accepted said amount as full payment and satisfaction
by the DEVELOPER of VILLAGE requirements for payment of Impact
Fees /Contributions to be made on behalf of the Consolidated
(Elementary) School District, the High School District, the Library
District and the Park District. Said payment has been made in
connection with the development of the TERRITORY, as called, for
under the VILLAGE's Ordinance No. 606 regarding developer
contributions, and no further Impact Fees /Contributions on behalf
of the aforementioned Districts shall be required of DEVELOPER.
XI
LETTERS OF CREDIT
A. In lieu of any bonds or cash escrow deposit for the
Improvements, the DEVELOPER shall furnish to the VILLAGE an
irrevocable letter or letters of credit or other security, in the
required amount issued by a reputable banking or financial
institution authorized to do business in the State of Illinois,
which shall be subject to the recommendation of the VILLAGE
Attorney and the approval of the VILLAGE Board of Trustees.
6
B. The letter or letters of credit or other evidence of
security shall be equal to 125% of the actual contract costs of the
Improvements to be constructed. If actual contract costs are not
available at time of passage of such ordinance, the DEVELOPER shall
deposit security as herein provided, in an amount equal to 125% of
the estimated costs for the Improvements as determined by the
VILLAGE Engineer. When actual contract costs are available, the
security shall be increased or reduced to an amount equal to 125%
of actual contract costs.
C. Upon completion of the construction of the Improvements,
or any part thereof, the DEVELOPER shall request the VILLAGE
Engineer to inspect the same. Within twenty -one days after such
request, the VILLAGE Engineer or Public Works Director shall, in
writing, advise the DEVELOPER of the condition of the Improvements,
of what corrections or modifications, if any, are necessary, and
whether same shall be accepted by the VILLAGE. Upon certification
by the VILLAGE Engineer or Public Works Director that the
Improvements are in compliance with all previously approved plans
and specifications therefor and recommending acceptance of same,
the VILLAGE shall, by a resolution of the Corporate Authorities
duly passed and enacted, accept the Improvements (or the subject
portion thereof) and direct the return to DEVELOPER of the letter
of credit or other security (or authorizing the appropriate
reduction thereof, if only a portion of the Improvements are so
accepted).
D. Concurrently with the enactment of the resolution
discussed in Article XI.C. above, the DEVELOPER shall provide the
appropriate maintenance bond or letter of credit as set forth in
Article XII hereof, and shall deliver to the VILLAGE a properly
executed Bill of Sale conveying the subject Improvements.
XII
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 this Agreement, OWNER shall deposit with the VILLAGE a
maintenance bond or letter of credit in the amount of ten percent
(10 %) of the cost of the installation of the public improvement
accepted by VILLAGE. Upon such deposit, the letter of credit or
other security on deposit with the VILLAGE pursuant to Article XI
hereof shall be reduced in an amount equal to that sum deposited
to secure construction of the public improvement so accepted or
9
returned to the DEVELOPER, as the case may be. The maintenance
bond or letter of credit shall be deposited with the VILLAGE and
shall be held by the VILLAGE for a period of twelve (12) months
after completion and acceptnace of all improvements. In the event
no defects in material and /or workmanship have developed within
said period, then said bond or letter of credit shall be returned
to DEVELOPER. If such defects do exist, then said bond or letter
of credit shall not be returned until correction of said defects
by DEVELOPER and acceptance by VILLAGE of said corrections.
XIII
DAMAGE TO PUBLIC IMPROVEMENTS
OWNER shall repair damage to or replace (as mutually agreed
between DEVELOPER and VILLAGE) publicly owned improvements and
facilities installed and existing within, under or upon the
TERRITORY, which damage is the result of construction activities
by OWNER and DEVELOPER, 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
any other party from liability or obligation with regard to damage
to such publicly owned improvements and facilities. OWNER shall
have no obligation hereunder with respect to damage resulting from
ordinary usage, wear and tear.
XIV
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, the VILLAGE shall, if the
Owner, its 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.
10
XVI
ABROGATION OF UTILITY AGREEMENT
The VILLAGE, OWNER and DEVELOPER agree that the terms of the
Utility Agreement, to the extent they are applicable and relevant
to the annexation and development of the TERRITORY as herein
described, have been restated and recited herein, and that this
Agreement shall supersede the Utility Agreement. Accordingly, the
parties agree to abrogate the Utility Agreement and declare and
hold its terms and conditions to be null and void and of no further
force or effect.
XVII
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, IL 60439
2. OWNER AT:
First National Bank of Evergreen Park as
Trustee U/T No. 10894 dated October 6, 1989
3101 West 95th Street
Evergreen Park, IL 60642
3. DEVELOPER AT:
Robert C. Ranquist & Co., Inc.
12951 Derby Road
Lemont, IL 60439
4. 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.
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 the VILLAGE and successor municipalities, for a period of twenty
(20) years from the date set forth in the first paragraph of this
Agreement.
11
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
the VILLAGE 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, CO
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 N
truth and validity and hereby incorporate such representations, Ot
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 the VILLAGE which may be in conflict
with the provisions of this Agreement.
2. Pursuant to the requirements of statute, the
corporate authorities of the VILLAGE shall adopt
such ordinances as may be necessary to put into
effect the terms and provisions of this Agreement.
12
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 the VILLAGE, shall not
be frozen during the term of this Agreement, and such ordinances,
as the same may from time to time be amended and enforced
throughout the VILLAGE, shall apply to the TERRITORY.
Notwithstanding the foregoing, it is expressly understood and
agreed by the parties that during the term of this Agreement, no
use permitted under the Zoning District at the time of the
execution of the Agreement shall be denied to the Owner, its
successors or assigns.
J. TRUSTEE EXCULPATION: This Agreement is executed by First
National Bank of Evergreen Park, not personally, but solely as
Trustee as aforesaid, in the exercise of the power and authority
conferred upon and vested in it as such Trustee. All the terms,
provisions, agreements and covenants to be performed by the Trustee
are undertaken by it solely as Trustee as aforesaid, and not
individually, and no personal liability shall be imposed or
enforced against First National Bank of Evergreen Park by reason
of any of the terms, provisions, or statements contained in this
Agreement.
K. ESTOPPEL CERTIFICATES: Any Party, or its successors and
assigns, may request and obtain from any other Party, or its
successors and assigns, a letter or certificate stating (1) whether
this Agreement and the ordinances adopted pursuant to this
Agreement are in full force and effect, (2) which covenants and
requirements of this Agreement and said ordinances have been
performed, (3) that no Party is in default of its obligations
under this Agreement or said ordinances, or, if a Party is in
default, the nature and extent of such default, and (4) the nature
and extent of any amendment or modification to this Agreement or
said ordinances.
13
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
ATTEST: L
V. LLAGE CLERK
OWNER:
DEVELOPER:
C:ANNEX.2
14
VILLAGE OF LEMONT AND THE
CORP•',TE AUTHORITIE$THERE
FIRST NATIONAL BANK OF EVERGREEN
PARK AS TRUSTEE UNDER TRUST NO.
10894.
By
ROBERT;: RANQ ST & CO., INC.
PRESIDENT
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
SCHEDULE OF EXHIBITS
Legal Description
List of Public Improvements
Plat of Annexation
Site Plan
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 27,
AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
NORTHWESTERLY OF THE CENTER LINE OF ARCHER AVENUE, ALSO THE EAST
35.80 LINKS OF THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER
OF SECTION 27, AFORESAID LYING NORTHWESTERLY OF THE CENTER LINE OF
ARCHER AVENUE, IN COOK COUNTY, ILLINOIS.
ALSO
TOGETHER WITH ALL THAT PART OF ARCHER AVENUE RIGHT OF WAY LYING
ADJACENT TO AND SOUTHEASTERLY OF THE ABOVE DESCRIBED PROPERTY; AND
ALSO TOGETHER WITH ALL THAT PART OF PARKER ROAD RIGHT OF WAY LYING
ADJACENT TO AND EAST OF THE ABOVE DESCRIBED PROPERTY.
EXHIBIT B
LIST OF PUBLIC IMPROVEMENTS
1. Storm Sewer
2. Sanitary Sewer
3. Water Main
4. Pavement (including Street Lighting)
5. Earthwork
ELI
PLAT OF ANNEXATION
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Exhibit D
5.
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