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O-741-92 07/13/92VILLAGE OF LEMONT ORDINANCE NO. 9V/ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT KNOWN AS BLUFF OAKS ESTATES ANNEXATION AGREEMENT DATED September 9, 1991 AND ADOPTED BY ORDINANCE NO. 703 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This ��` day of nit Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook Co .ty Illinois, This /3 day of 1992. , 1992. ORDINANCE NO. 7 of AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT KNOWN AS BLUFF OAKS ESTATES ANNEXATION AGREEMENT DATED September 9, 1991 AND ADOPTED BY ORDINANCE NO. 703 WHEREAS, an amended 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 amended 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 amended Annexation 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, 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 "FIRST AMENDMENT TO THE BLUFF OAKS ESTATES ANNEXATION AGREEMENT" and known as Ordinance No. 703 and dated the 9th day of September, 1992, as to 27.6 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. ORD \BLUFF \AMEND PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this / day of 1 `� , 1992. Richard A. Kwasneski Kenneth S. Bromberek Barbara Buschman William Margalus Ralph Schobert Bert Ercoli Approved by me this Attest: AYES NAYS PASSED ABSENT CRLENE SMOLLEN, Village Clerk day of `�!� , 1992. CHARLENE SMOLLEN, Village Clerk S . FORZLEY, Vill e esident AMENDED ANNEXATION AGREEMENT FOR BLUFF OAKS ESTATES This Amended Annexation Agreement (hereinafter referred to as the "Agreement ") made this day of July, 1992, by and between the VILLAGE OF LEMONT, an Illinois Municipal Corporation (hereinafter referred to as the "Village ") and FIRST NATIONAL BANK OF JOLIET, as Trustee under Trust No. 3597 and DONALD F. HEDG, (hereinafter referred to as the "Owner /Developer "). RECITALS: A. FIRST NATIONAL BANK OF JOLIET, as Trustee under Trust No. 3597 is the owner of record of approximately 27.6 acres of real estate located in the Village of Lemont. The legal description of said property is attached hereto as Exhibit A and incorporated herein by reference. The territory is commonly known as Bluff Oaks Estates. B. The territory is subject to an Annexation Agreement dated August 12, 1991, adopted by the Village of Lemont pursuant to Ordinance No. 703 dated September 9, 1991 and recorded in the Office of the Will County Recorder on September 30, 1991 as Document No. R91- 055987. C. Subsequent to the execution of the Annexation Agreement and final plat approval, the Illinois Department of Transportation has commenced the filing of a Condemnation Suit to acquire the entire parcel for a proposed highway. The territory annexed will not be developed as originally proposed as a single family subdivision, therefore resulting no impaction on any governmental agencies. D. Pursuant to the Annexation Agreement, the Developer made a Thirty Four Thousand Four Hundred Fifty Six Dollar and 14/100 ($34,456.14) contribution pursuant to the Village Land Cash Ordinance No. 606 providing for contributions to impacted taxing districts. E. The Owner /Developer seeks to amend the Agreement with respect to the land cash payments made, and requests the Village to retain Seventeen Thousand Two Hundred Twenty Eight Dollars and 07/100 ($17,228.07) as an Annexation Fee and return to the Owner /Developer Seventeen Thousand Two Hundred Twenty Eight Dollars and 07 /100 ($17,228.07). F. This Amended Annexation Agreement is pursuant to the procedures set out in Section 11- 15.1 -1 et seq. of the Illinois Municipal Code (Illinois Revised Statutes Chapter 24, Section 11- 15.1 -1). NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements set forth herein, the parties hereby agree that the prior Agreement shall be wholly amended and restates as follows: 1. Recitals. The parties confirm and admit the truth and validity of the representations and recitations set forth in the foregoing recitals. The parties further acknowledge that the same are material to this Agreement and are hereby incorporated into this Agreement as though they were fully set forth in this Paragraph 1. 2. Authority. This Agreement is made and entered into by the parties pursuant to Section 11 -15.1 et seq. of the Illinois Municipal Code. 3. Mutual Assistance. The parties shall do all things necessary and appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in furthering the intent of the parties as reflected by the terms of this Agreement, including, without limitation, the holding of such public hearings and the enactment by the Village of such resolutions and ordinances, the execution of such permits, applications and agreements and the taking of such other actions as may be necessary to enable the parties 2 to comply with the terms and provisions of this Agreement. 4. Captions. The captions and paragraphs herein are inserted only for convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of any particular sections to which they refer. 5. Term. This Agreement shall be binding on the parties for a term of 20 years from the date of this Agreement and for such further term as may hereafter be authorized by statute or by ordinance of the Village. 6. Contributions. That Article 6 of the original Annexation Agreement providing for an Annexation Fee not to exceed Eighty Five Dollars ($85.00), shall be amended to provide that the Owner /Developer pay an Annexation Fee to the Village of Lemont in the amount of Seventeen Thousand Two Hundred Twenty Eight Dollars and 07/100 ($17,228.07) and that the balance of Seventeen Thousand Two Hundred Twenty Eight Dollars and 07/100 ($17,228.07), the land cash payment previously made to the Village of Lemont, be refunded to the Owner /Developer. 7. Amendment. This Agreement and any exhibits hereto may be amended only by the mutual consent of the parties, or their successors and assigns, by adoption of an ordinance or resolution by the Village approving said amendment as provided by law, and the execution of said amendment by the parties or their successors in interest as to the portion of the territory which is affected by such amendment. The ordinances and resolutions adopted by the Village pursuant to this Agreement shall remain in force for the term of this Agreement and shall not be amended or repealed with respect to the territory without the written approval of the owners of those parts or portions of the territory which would be affected by such amendment or repeal. 3 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. Authority. The Village and Owner /Developer warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of the entities represented or purported to be represented by such parties and that all formal requirements necessary required by any municipal, state or federal rules, regulations, orders, decrees and ordinances and laws in order for them to enter into this Agreement have been fully satisfied. 10. Time. Time is of the essence of this Agreement and all documents, agreements and contracts executed pursuant thereto. 11. Notice. All notices, elections and other communications between the parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the parties at the following addresses or to such other addresses as the parties by notice, designate: VILLAGE AT: OWNERS AT: Village of Lemont 418 Main Street Lemont, IL 60439 c/o Village Clerk Donald F. Hedg c/o Lyman C. Tieman Attorney at Law 167 N. Chicago Street Joliet, IL 60431 Notices shall be deemed received on the third business day following deposit in the U.S. Mail given by certified mail as aforesaid, and upon receipt or refusal if personally delivered. 12. Severability. If any provision, covenant, agreement or portion of this Agreement 4 or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of such other provisions, covenants or portions of this Agreement. If for any reason the annexation of the territory is ruled invalid, in whole or in part, the corporate authorities, as soon thereafter as possible, shall take such actions (including holding public hearings and adopting ordinances and resolutions) as may be necessary to effect the spirit and intent of this Agreement and the objectives of the parties, as disclosed by this Agreement. 13. Inconsistent Provisions. Any provisions or requirements of this Agreement or the ordinances and resolutions enacted by the Village pursuant to this Agreement shall overrule, repeal and invalidate any inconsistent or contradicting provision of any other Village ordinance, regulation, agreement, policy or requirement as such provision applies to the annexation, zoning classification or development of the territory. 14. Entire Agreement. This Agreement supersedes the prior Agreement, negotiations and exhibits and is a full integration of the entire agreement of the parties. The exhibits to this Agreement are hereby expressly incorporated herein. 15. 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 and resolutions 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 of this Agreement or said ordinances. 5 16. Counterparts and Duplicate Originals. This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Attest: Village Clerk Attest: EMANNMBLUFOAKAMD Village of Lemont, an Illinois Mu ' ' al Corporation -- By :. -6P4 or First National Bank of Joliet as Trustee U /T# 3597 By: DONALD F. HEDG 6