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O-NO#-90 02/12/9000107-176 OFFICIAL BUSINESS VILLAGE OF LEMONT 418 Main Street Lemont, Ill. 60439, UTILITY EXTENSION AGREEMENT FOR. OAK TREE BY ROBERT C. RANQUIST & CO., INC. AMONG THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS, FIRST NATIONAL BANK OF EVERGREEN PARK, AS TRUSTEE OWNER AND ROBERT C. RANQUIST & CO., INC. DEVELOPER c.0 t1:1573:,3 1074,7, COIDK Robert C. Ranquist & Co., Inc. 745 McClintock Drive CZ Suite 300 Burr Ridge, Illinois 60521 708- 325 -1212 A Qn (0 £T60 06 /ZZ /TO T990WQW LT SUIdd2Ia1Nf1OD 'IIIXX LT 'IVAIAZIflS 'IIXX LT ZNaW33?IDd 32IIINS 'IXX 9T 1N3WQN3Wd 'XX 1`- 91 SaIQaW32I 'XIX s41 T\- ST Mai 'IIIAX ','"44 5T L,LIIISd2I3A3S 'IIAX C," 5T DNIQ21OD321 'IAX 17T NOILVX3NNd 3Hf11.f13 'AX £T SINEW'AO2IdWI DIZSfld OZ 3DVWVQ 'AIX 8T QNOS 3DNV•1ZNIVW 'IIIX ZT NOIZDIIIIISNOD 30 NOIZ3'IdWOD 'IIX OT ZIQ321D 30 S2I3.LJ21 'IX 01 NOLLd2I3dOOD !NOILVDI'Iddd 30 'IVAO21ddd 'X 6 SNOI.Lf1SIDIZNOD 'XI 6 SIIRIIVW 'IVITRN3D QNV S1IF fI3d `5333 'IIIA 8 3DNVNIU 10 NOISIAIQSf1S RILL WO113 SNOLLVIIIVA 'IIA 8 SAVMQVO21 'IA L SISOD HailI0 QNd NOISN3,LX3 L,LI'ILLfl 30 32If 1dV3a 1 'A 5 S2i3M3S U21 VIIN VS 'AI II3.L VM 'III £ 3DIAHRS 30 NOISIAO11d 30 NOI.LVZIZIOHSfld 'II £ S'IVZID321 'I aZud SZNSZNOD 3O S'ISds • alar�a�T Article Page XXIV. NOTICES 17 XXV. TRUSTEE EXCULPATION 18 XXVI. ESTOPPEL CERTIFICATES 18 ..,-.. Ir n, n • n. /nn ,i.n n.. ,n IV1L1V1U5b1 U1 /LL /UU Uy1S • UTILITY EXTENSION AGREEMENT FOR OAK TREE BY ROBERT C. RANQUIST & CO., INC. THIS AGREEMENT (the "Agreement "), made and entered into this + day of , 1990, between the VILLAGE OF LEMONT, a municipal corporation of the County of +ok, in the State of Illinois (hereinafter referred to as "VILLAGE "), FIRST NATIONAL BANK OF EVERGREEN PARK, as Trustee under Trust Agreement dated October 6, 1989 and known as Trust No. 10894 (hereinafter referred to as "OWNER ") and ROBERT C. RANQUIST & CO., INC., an Illinois corporation, (hereinafter referred to as "DEVELOPER ") (VILLAGE, OWNER and DEVELOPER are hereinafter collectively referred to as "Parties" and individually as a "Party "). WITNESS ETH; WHEREAS, OWNER is the owner of record of approximately twenty (20) acres of real property (hereinafter referred to as "TERRITORY "), located generally on the north side of Archer Avenue and north of McCarthy Road in unincorporated Cook County, Illinois (the "County "), the legal description for which is attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, DEVELOPER intends to develop the TERRITORY as a residential community in substantial conformance with the preliminary site plan (the "Site Plan ") which is attached hereto as Exhibit "B" and by this reference made a part hereof; and MDM0561 01/22/90 0913 WHEREAS, the TERRITORY is not presently located within or contiguous to the corporate limits of any municipality; 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 (the "Improvements "), at no cost to the VILLAGE, from their current points of terminus to those points neces- sary to provide such services to the TERRITORY; and WHEREAS, the VILLAGE, upon the occurrence of certain conditions and the performance of certain requirements by the DEVELOPER, desires to provide the neces- sary potable water and sanitary sewer services to the TERRITORY; and WHEREAS, pursuant to Section 11 -149 -1 of the Illinois Municipal Code, (I11.Rev.Stat., ch.24, paragraph 11 -14 -1, 1987 ed.) the VILLAGE has agreed to pass an ordinance authorizing the provision of such services to the TERRITORY; and WHEREAS, OWNER has submitted to the VILLAGE a properly drawn and exe- cuted petition for such utility extension (the "Petition ") pursuant to Section 11 -149 -1 of the Illinois Municipal Code, as aforesaid, to enter into an agreement with respect to such utility extension and various other matters in accordance with the terms and con- ditions hereinafter set forth; and WHEREAS, all necessary notices, publications, procedures, public hearings and other matters attendant to the consideration and approval of the execution of this Agreement and such utility extension have been given, made, held and performed by the VILLAGE; and MDM0561 01/22/90 0913 2 • WHEREAS, the President and Board of Trustees of the VILLAGE (the "Corporate Authorities ") have duly considered all necessary petitions to enter into this Agreement and have further duly considered the terms and provisions of this Agreement and have, by a resolution duly adopted, authorized the President to execute, and the Clerk to attest, this Agreement on behalf of the VILLAGE; and WHEREAS, DEVELOPER has expended substantial sums of money and has mate- rially altered its position in reliance upon the execution of this Agreement and the per- formance of its terms and provisions by the VILLAGE; NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants and agreements hereinafter contained, the Parties hereto agree as follows: ARTICLE I RECITALS The Parties agree and acknowledge that the statements and representations con- tained in the foregoing recitals are true and accurate and are incorporated herein as if fully set forth at length in this Article 1. ARTICLE II AUTHORIZATION OF PROVISION OF SERVICE A. Subject to the provisions of Section 11 -149 -1 of the Illinois Municipal Code, as aforesaid, the VILLAGE, as promptly as possible after the execution of this Agreement, shall pass such ordinances, enact such resolutions and take such steps as may be necessary to authorize provision of potable water and sanitary sewer services to the TERRITORY, pursuant to the terms and conditions herein contained. MDM0561 01/22/90 0913 3 B. Except as set forth herein, the VILLAGE shall not impose any fees on DEVELOPER pursuant to the foregoing grant of authority or as a result of the installa- tion, connection and use of the Improvements by the DEVELOPER, his assigns and suc- cessors in title. ARTICLE III WATER A. As part of the Improvements, DEVELOPER shall extend water mains, including but not limited to a sixteen -inch (16 ") water transmission 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 reason- ably approved by the VILLAGE Engineer. Said extension shall be constructed at no cost to the VILLAGE and shall be conveyed to the VILLAGE. 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 DEVELOPER's responsibility until such time as they are approved and accepted by the VILLAGE as provided by the VILLAGES 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 Sup- ply and with the domestic and fire protection needs of the proposed development of the TERRITORY, as reasonably approved by the VILLAGE Engineer. MDM0561 01/22/90 0913 4 1 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 rela- tion 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 DEVEL- OPER to provide potable water service to the TERRITORY. ARTICLE W 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 reasonably approved by the Village Engineer. Said extension shall be constructed at no cost to the VILLAGE and shall be conveyed to the VILLAGE. 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 Engi- neers and the requirements of the Metropolitan Water Reclamation District and the IEPA. C. All sanitary sewers constructed by DEVELOPER shall remain C) DEVELOPER's responsibility until such time as they are approved and accepted by the c VILLAGE as provided by ordinance. �4 D. The VILLAGE shall cooperate with DEVELOPER and execute all applica- lit tions, permit requests and other documents required to obtain the necessary approvals from the Metropolitan Water Reclamation District and /or the IEPA to allow MDM0561 01/22/90 0913 5 • 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. The VILLAGE shall cooperate with DEVELOPER in obtain- ing and /or granting all necessary easements in and to VILLAGE -owned right -of -way, and in acquiring (through the exercise of eminent domain or otherwise) such other rights -of -way as may be required to enable DEVELOPER to provide sanitary sewer ser- vice to the TERRITORY. E. At such time as the maintenance period for the sanitary sewers and their appurtenances expires and the maintenance bond or other security deposited by DEVELOPER in connection therewith is returned to DEVELOPER, then DEVELOPER, at its election, shall do one of the following: (1) Arrange for a "service" contract with a sound and reputable firm accept- able to the VILLAGE (approval of which shall not be unreasonably with- held) to provide routine inspection and maintenance and repair services to the VILLAGE in connection with any sanitary sewer appurtenances installed by DEVELOPER which are necessary to convey effluent from the TERRITORY to the VILLAGE's sanitary sewer system. Said service con- tract shall run for a period of five (5) years from the end of the aforemen- tioned maintenance period, and shall be prepaid in full by DEVELOPER, who shall provide to the VILLAGE copies of all contracts, receipts and other documentation relevant thereto; or MDM0561 01/22/90 0913 6 • (2) Provide to the VILLAGE the nonrefundable sum of Ten Thousand Dollars ($10,000), by cashier's check or certified funds, to cover costs of routine inspection and maintenance and repair services for said appurtenances for the five (5) year period described in Subarticle IV.E.(1) above. Upon arrangement of the service contract or the provision of the $10,000 sum, DEVEL- OPER, its successors in title, shall thereafter be relieved of any and all further obliga- tions in connection with inspection, maintenance and repair of such appurtenances. ARTICLE V 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 sys- tems 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 systems is con- sistent with and furthers the fulfillment of the VILLAGE's planning efforts. The VIL- LAGE 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 "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. MDM0561 01/22/90 0913 7 ARTICLE VI ROADWAYS A. All interior streets within the TERRITORY when developed shall be owned and maintained by the DEVELOPER or its successor in title, until such time, if ever, said streets are publicly dedicated. Said streets shall be constructed in accor- dance 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 hav- ing 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. ARTICLE VII VARIATIONS FROM THE SUBDIVISION ORDINANCE A. There shall be no requirement imposed on DEVELOPER to install side- walks within the TERRITORY or adjacent thereto, or within any public rights -of -way bordering the TERRITORY. B. Notwithstanding any provisions of the VILLAGE'S Subdivision Ordinance or of any other Village code, ordinance, regulation or policy, DEVELOPER shall install, at a minimum, the required number of parkway trees in "clustered" arrangements at or near the lot lines of each subdivided lot within the TERRITORY. The DEVELOPER, in its discretion, may provide such trees in numbers in excess of such requirements, and for itself and its successors in title, may, in its discretion, establish guidelines to be MDM0561 01/22/90 0913 8 embodied in the covenants, conditions and restrictions to be recorded against the TER- RITORY, requiring individual lot owners to provide "private" landscaping at certain levels in excess of VILLAGE requirements, and to utilize existing vegetative growth wherever and whenever possible. ARTICLE VIII FEES, PERMITS AND GENERAL MATTERS 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. ARTICLE IX CONTRIBUTIONS A. In consideration of provision by the VILLAGE of potable water and sani- tary sewer services, the following contributions shall be made in connection with development of the TERRITORY:; twal AMOUNT PER DWELLING UNIT AGENCY 3- Bedroom 4- Bedroom T (1) CONSOLIDATED (ELEMENTARY) C SCHOOL DISTRICT $444.00 $661.60 (2) HIGH SCHOOL DISTRICT $121.88 $261.28 (3) LIBRARY DISTRICT $238.96 $304.56 (4) PARK DISTRICT $656.70 $837.50 MDM0561 01/22/90 0913 9 B. The above contributions shall be paid to the VILLAGE, on behalf of the above - referenced bodies and districts, on a per -unit, pro -rata basis, shall be due and payable at the time of recordation of the final subdivision plat or plats for the TERRI- TORY or portions thereof, and shall be paid at such time or times in consideration of all contributions as may be required under the VILLAGE'S Ordinance No. 606 regarding developer contributions. ARTICLE X APPROVAL OF APPLICATION; COOPERATION A. 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, ordinances, 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. B. The VILLAGE shall cooperate with DEVELOPER in executing all applications for and securing all necessary non - VILLAGE permits, approvals, licenses and authoriza- tions from all governmental and quasi- governmental agencies and authorities having jurisdiction over the TERRITORY and those portions of unincorporated Lemont Town- ship through which the Improvements must traverse. ARTICLE XI LETTERS OF CREDIT A. In lieu of any bonds or cash escrow deposit for the Improvements, consisting of water mains (including but not limited to the 16" Water Transmission Line) and sani- tary sewers and their appurtenances, the DEVELOPER shall furnish to the VILLAGE an MDM0561 01/22/90 0913 10 C cr • 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. B. At the time of passage of the ordinance approving Final Plans and Specifica- tions for the Improvements and authorizing the provision of potable water and sanitary sewer service, 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 con- tract 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 Improve- ments, 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). MDM0561 01/22/90 0913 11 • 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 XIII hereof, and shall deliver to the VILLAGE a properly executed Bill of Sale conveying the subject Improvements. ARTICLE XII COMPLETION OF CONSTRUCTION A. The installation of the Improvements in accordance with the plans and speci- fications therefor (as same may from time to time be revised) shall be substantially completed by the date which is two (2) years from the date of this Agreement (the "Completion Date "), subject to extensions of the Completion Date as approved by the VILLAGE, pursuant to a resolution duly passed and approved by the Corporate Authori- ties. B. Notwithstanding the provisions of Article XII.A above, the Completion Date shall be extended as a result of delays in the completion of work caused by circum- stances beyond the reasonable control of DEVELOPER (for example: strikes, lockouts, material shortages, acts of God, inclement weather conditions, and failure of issuance, revocation or suspension of any necessary governmental permits or approvals which actually preclude, stop or delay construction) provided DEVELOPER promptly delivers notices of said circumstances to the VILLAGE. ARTICLE Xl I 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 MDM0561 01/22/90 0913 12 • other section of this Agreement, OWNER shall deposit with the VILLAGE a mainte- nance bond or letter of credit in the amount of five percent (5 %) 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 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 acceptance of all improvements. In the event no defects in material and /or work- manship 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. ARTICLE XIV DAMAGE TO PUBLIC IMPROVEMENTS OWNER shall repair damage to or replace (as mutually agreed between DEVEL- OPER 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. MDM0561 01/22/90 0913 13 ARTICLE XV FUTURE ANNEXATION The Parties agree and acknowledge that the TERRITORY, although currently unincorporated, is located within one and one -half miles of the corporate boundaries of the VILLAGE. The DEVELOPER, for itself and its successors in title, agrees that, within ninety (90) days of the time the TERRITORY, or any subdivided lot therein, becomes contiguous to the corporate boundaries of the VILLAGE, DEVELOPER, or its successors in title, shall file with the Village Clerk a properly drawn and executed peti- tion requesting annexation to the VILLAGE. To the extent the TERRITORY or portions thereof for which annexation is sought contain characteristics or conditions not in compliance with the then - current Village codes, ordinances, regulations and policies (including, without limitation, bulk and other zoning and subdivision regulations or requirements), said voluntary petition requesting annexation may be made contingent upon the VILLAGE'S acceptance of such conditions as pre - existing legal nonconforming uses or structures which may continue in operation or existence in their then - present state, and further may be made subject to the terms and provisions hereof. The DEVELOPER, for itself and its successors in title, recognizes and acknowledges that the above - referenced requirement directing the filing of a petition requesting annexation upon contiguity of the TERRITORY or any subdivided lot therein with the VILLAGE shall be an affirmative and ongoing duty for the duration of the term set forth herein. In the event the DEVELOPER or its successors in title, fails to so file such a petition or petitions within said ninety (90) day period after contiguity is achieved, then in accor- dance with Article XIX hereof, the VILLAGE shall be entitled to seek injunctive relief and an award of reasonable attorneys' fees in connection therewith. MDM0561 01/22/90 0913 14 ARTICLE XVI RECORDING This Agreement, together with all its exhibits, plans and other attachment, shall be recorded by the DEVELOPER, at DEVELOPER'S cost, in the Office of the Recorder of Deeds in Cook County, Illinois upon its approval by the VILLAGE and its execution by all Parties. ARTICLE XVII SEVERABILITY If any provision of the Agreement is held invalid by a court of competent juris- diction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. ARTICLE XVIII TERM The Agreement shall be binding upon the Parties, their respective successors and assigns, for a period of twenty (20) years. All of the terms and conditions provided herein shall run with the land and be binding on the successors in title to the TERRI- TORY of DEVELOPER and upon successor corporate authorities of the VILLAGE and its successor municipalities. In the event any provisions of this Agreement become the subject of litigation between the Parties, the term hereof shall be tolled until the said litigation is concluded. C. ARTICLE XIX; REMEDIES In accordance with the provisions of Article XVII hereof, upon a breach of this Agreement, any of the Parties, in any court of competent jurisdiction, by an action or MDM0561 01/22/90 0913 15 • proceeding at law or in equity (and if in equity, without the showing of the inadequacy of legal remedies or of the possibility of irreparable harm to the plaintiff), may secure the specific performance of the covenants and agreements herein contained, may be awarded damages, including reasonable attorney's fees, for failure of performance or both, or may obtain rescission and disconnection for repudiation or material failure of performance. Before any failure of any Party to this Agreement to perform its obliga- tions under this Agreement shall be deemed to be a breach of this Agreement, the Party claiming such failure shall notify, in writing, the Party alleged to have failed to per- form the alleged failure and shall demand performance. The Party alleged to have failed to perform shall be entitled to a hearing, and no breach of this Agreement may be found to have occurred if performance has commenced to the satisfaction of the complaining party within thirty (30) days of receipt of such notice, or the date of such hearing, if any, whichever is later. ARTICLE XX AMENDMENT The Parties agree that this Agreement and any exhibits attached hereto may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the VILLAGE approving said amendment as provided by law, and the execution of said amendment by the Parties or their successors in interest. ARTICLE XXI ENTIRE AGREEMENT This Agreement supersedes all prior agreements, negotiations and exhibits and is a full integration of the entire agreement of the Parties. MDM0561 01/22/90 0913 16 • ARTICLE XXII SURVIVAL The provisions contained herein shall survive the annexation of the TERRITORY and shall not be merged or expunged by the annexation of the TERRITORY or any part thereof to the VILLAGE. ARTICLE XXIII COUNTERPARTS 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. ARTICLE XXIV NOTICES All Notices required to be served herein shall be served on the Parties at the addresses set forth below (or at such other addresses as the Parties may from time to time designate in writing), by certified United States mail, return receipt requested: If to VILLAGE: with a copy to: If to OWNER: If to DEVELOPER: MDM0561 01/22/90 0913 Village of Lemont Attention: Village Clerk 418 Main Street Lemont, Illinois 60439 John Antonopoulos, Esq. Village Attorney, Village of Lemont Antonopoulos, Virtel & Groselak P.C. 221 E. 127th Street Lemont, Illinois 60439 First National Bank of Evergreen Park Attention: Trust Department; Trust 10894 `et 3101 W. 95th Street -� Evergreen Park, Illinois 60642 U% Robert C. Ranquist & Co., Inc. Attention: Robert C. Ranquist, Jr. 745 McClintock Drive, Suite 300 17 • with a copy to: Burr Ridge, Illinois 60521 Rothschild, Barry & Myers Attention: Roger Guerin, Esq. Two First National Plaza Chicago, Illinois 60603 ARTICLE XXV TRUSTEE EXCULPATION This Agreement is executed by First National Bank of Evergreen Park, not per- sonally, 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, provi- sions, or statements contained in this Agreement. ARTICLE XXVI 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 Agree- ment 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 Agree- ment or said ordinances. MDM0561 01/22/90 0913 18 • IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first above written, and by so signing, each of the Parties warrants that he /she possesses full right and authority to enter into this Agreement and bind the entity he /she represents. A EST: VILLAGE CLERK ATTEST: Its: ; �j. ATTEST: It&: Land Trust Admi trator MDM0561 01/22/90 0913 19 VILLAGE OF LEMONT, an Illinois municipal corporation By: 41' iii ..' , f: SIDE / ROBERT C. RANQUIST & CO., INC., an Illinois corporation By: FIRST NATIONAL BANK OF EVERGREEN PARK, as Trustee aforesaid ( #10894) By, Its: ni r Vice P.esid =nt & Trust Officer Mme' 4A • STATE OF ILLINOIS ) SS. COUNTY OF COOK ) The undersigned, a Notary Public in and for the said County in the state afore- said, do hereby certify that Joseph C. Fanelli and Anne Moyl an , who are personally known to me to be the Sr V P s, Tri,Gt nffireiand Land Trust Administrator , respectively, of First National Bank of Evergreen Park, and personally known to me to be the same per- sons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Sr. V.P. & Trust Officer and Land Trust Administrator , respectively, they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of First National Bank of Evergreen Park, pursuant to the power and authority given under Trust Agreement No. 10894, dated October 6, 1989, for the uses and purposes therein set forth. Given under by hand and seal this 22ndday of February , 1990. Notary Pub *c My commission expires: "OFFICIAL SEALy" DEBORAH M. l"dA V RRETE Notary Public, State of Illinois My Co*,,..,ioa.ou Expixe 10/15/91 MDM0561 01/22/90 0913 20 • STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, a Notary Public in and for the said County in the state afore- said, do hereby certify that Joseph S. Forzley and Charlene M. Smollen , who are personally known to me to be the President and Clerk, respectively, of Village of Lemont, an Illinois municipal corporation and personally known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and acknowledged that as such President and Clerk, respectively, they signed and delivered the said instru- ment as their own free and voluntary act and as the free and voluntary act of said Village. Given under by hand and seal this 13th day of February , 1990. My commission expires: 09/19/92 MDM0561 01/22/90 0913 21 jb- 4.1A-1.____N..„ 6,49-41--t Aid Notary Publi "ORAL SEAL Ilsidi Mr! Pk, StMS of Illimis 11y Commission Wpm N19/92 ...... , • STATE OF ILLINOIS ) ) SS. COUNTY OF DuPAGE ) The undersigned, a Notary Public in and f r the said Count in the stat afore - said, do hereby. certify that �. . z .t. ,, '-- (I- ;- E.` - and � � , , - /4 ' � ,,, ,i,, who are perso fly known t • �' e t be the C -! • -z r - i / and ,.. _ c ,t_! a -_ , respectively, of Robert C. Ranquist and Co., an Illinois corporation, and perMbnally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before m this day in person and acknowledged that as such ,;. ' / e,e‘! �. and ' , respectively, they signed and delivered the said instrument as their own free a# voluntary act and as the free and voluntary act of said corporation. Given under by hand and seal this /Z-Z4-clay of <--- : � i4 >,r cr ,.//_ _., , 1990. My commission expires: MDM0561 01/22/90 0913 22 1. Notary Public OFFICIAL SEAL " MARLENE A. BANDYK NOTARY PUBLIC, STATE OF ILLINOIS O t_,IiMISSION EXPIRES 2/9/91 • SCHEDULE OF EXHIBITS EXHIBIT A: Legal Description EXHIBIT B: Site Plan MDM0561 01/22/90 0913 23