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O-652-90 02/26/90STATE OF ILLINOIS ) SS. COUNTY OF COOK ) CERTIFICATE I, CHARLENE SMOLLEN, certify that I am the duly elected and acting Municipal Clerk of the Village of Lemont, Cook County, Illinois. I further certify that on February 26th , 19 90 , the Corporate Authorities of such municipality passed and approved Ordinance No. 652 entitled An Ordinance Authorizing the Execution of an Annexation Agreement for the Development Known as Lemont National Bank and the Execution of an Annexation Agreement. which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 652 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on February 26 , 19 90 , and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the Municipal Clerk. DATED at Lemont, Illinois this 2nd day of March , 19 90 . (SEAL) Municipal Clerk VILLAGE OF LEMONT ORDINANCE NO. rncti`l. tc vil1a5e. 1.4 keener, 91g- Y14laS Lerr8rrr 1-(- 6 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS LEMONT NATIONAL BANK AND THE EXECUTION OF AN ANNEXATION AGREEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This geo day of /473,e v iz y , 1990. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook County, Illinois, this/, day of ;6g1 )4j y, 1990. otepck«6c by ke me r? yr &ma,�v$t c, 1-e t .2f_ 40y,3 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS LEMONT NATIONAL BANK AND THE EXECUTION OF AN ANNEXATION AGREEMENT 'WHEREAS, the Annexation Agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the legal owner of record of the territory which is the subject of said agreement is 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 "LEMONT NATIONAL BANK ANNEXATION AGREEMENT" dated the"jday of,zip.R.y , 1990, as to 1.68 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, COUNTY OF COOK, ILLINOIS, on this r2day of i 7112Ui4tZ y , 1990. Richard Kwasneski Kenneth S. Bromberek Barbara Buschman William Margulas Charles Skopec Bert Ercoli AYES NAYS PASSED ABSNT CHARLENE SMOLLEVillage Clerk Approved by me this cw.; �� day of . ;23R2JA.1.,.( , 1990. Attest: CHARLENE SMOLLEN, Village Clerk B:\ORDINANC\NATIONAL.EXEVPA:PP S. F i RZLEY,f ill f e ANNEXATION AGREEMENT THIS AGREEMENT, made and , 1989, RSO 1364 entered into this ezWe)tic day of between the VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and LEMONT NATIONAL BANK (hereinafter referred to as "OWNER "). WITNESSETII: WIIEREAS, OWNER is the owner of record of the real estate (hereinafter) referred to as "SUBJECT description of which is attached hereto as reference made a part hereof; and, WHEREAS, OWNER has submitted to the Annexation; and, WHEREAS, OWNER intends PROPERTY"), the legal Exhibit "A" and by this VILLAGE a Petition for to develop the SUBJECT PROPER'L'Y consistent with a certain site plan hereinafter described; and, WIIEREAS, the parties hereto desire the SUBJECT PROPERTY which is contiguous to the VILLAGE, he annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, W1HEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WIIEREAS, 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, WIIEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting • R90 •36 4G 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 will be met if the SUBJECT PROPERTY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. 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 thing necessary or appropriate to cause the SUBJECT PROPER'L'Y to be validly annexed to the VILLAGE as promptly as possible upon the • R91) 36� execution of this Agreement. 2. The Plat of Annexation of said SUBJECT PROPERTY is attached /Jut / ackod reea.el€ I a.S # lZ 90_036939. 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 uAn shall be classified under the existing zoning ordinance as follows: LAND USE ZONING ACRES Drive -in Banking Facility and Office Building B -3 with special use for Drive -in Banking Facility III 1.6 WATER The OWNER acknowledges that municipal water mains are not available to the SUBJECT PROPERTY and that the VILLAGE will allow individual wells and sewage disposal systems to be installed hereafter as long as a governmental water and sewer system is not available as defined under the VILLAGE Zoning and Subdivision Ordinance. IV 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 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 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. V VARIATIONS FROM SUBDIVISIONS AND ZONING ORDINANCES Notwithstanding the terms of the Subdivision and the Zoning Ordinance, the OWNER is hereby granted the following Variances: (a) Curbs and gutters shall not be required on any street adjoining the SUBJECT PROPERTY. (b) The parking area for the subject property shall not be less than five feet from a residential lot line and the required off street parking spaces may be located in a front yard or side yard adjoining a street not less than five feet from a street line. VI 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. Re 1 0 VII CONSTRUCTION OF IMPROVEMENTS Upon completion of the construction of 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 the 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 Dill of Sale for all improvements contained within the dedication. VIII 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. 36 4 O 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. IX DAMAGE TO PUBLIC IMPROVEMEN'T'S 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 by 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. X CERTIFICATE OF OCCUPANCY (a) Within five (5) days after request by OWNER for a final inspection of a building with the Development, the VILLAGE shall issue a final certificate of occupancy for such building or shall 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 R9 3.40 • 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. (c) The VILLAGE shall issue individual certificates of occupancy for each building contained in the Development on a unit- by-unit or floor -by -floor basis within five (5) days after request by the OWNER, if construction of such building has advanced to the point that the portions of the building for which the certificate is to be issued may be occupied safely prior to full completion of the building without endangering life or public welfare, as provided under 119.5 of the B.O.C.A. Code, incorporated by reference in the VILLAGE'S Building Code. XI REAL ESTATE TAX ABATEMENT The Village agrees to abate 100% of the Village portion of the general real estate taxes upon the subject property for a period of ten years after the date of annexation and the total aggregate amount of abated taxes for all taxing districts combined will not exceed One Million Dollars. This abatement is being given pursuant to Section 643 of Chapter 120 of the Illinois Revised Statutes. XII MISCELLANEOUS (a) All provisions, conditions, and regulations as set forth in this Agreement and the documents supersede all VILLAGE ordinances, conflict therewith as they may or plans to which it refers shall codes and regulations that are in 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, this 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 recorded at the sole cost and the Recorder of DuPage County, a suitable memorandum hereof) shall be expense of the OWNER in the Office of Illinois. (ii) It is further agreed that any party to this Agrement, either in law or in equity, by suit, action, mandamus or other proceeding may enforce or compel the performance of this Agreement, R90 03644 or have other 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 disannexed 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: Lemont National Bank 310 Main Street Lemont, IL 60439 If To The VILLAGE: and James Ilambrick 207 East 127th Street Lemont, IL 60439 (i) Village of Lemont 418 Main Street Lemont, IL 60439 and John Antonopoulos 221 East 127th Street Lemont, IL 60439 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 CLERK ATTEST: R Benik Secretary VILLAGE OF LEMONT AND THE CORPORATE AUTHORITY THEREOF THE LEMONT NATIONAL BANK Hercules Bolos - President EXHIBIT "A" Lot 9, except that part of Lot 9 lying East of a straight line which intersects the South line of Lot 9 at a point 20 feet West of the Southeast corner of Lot 9 and which Intersects the North line of Lot 9 at a point 30 feet West of the Northeast corner of Lot 9, In Countryside Acres, being u Subdivision of part of the West half of the Northwest quarter of Section 8, Township 37 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded September 15, 1952 as Document No. 662068, and also that part of said Northwest quarter described as beginning at the Northwest corner of said Lot 9; thence North on the Northerly extension of the West line of said Lot 9 to the North right of way line of 97111 Street; thence East on said North right of way line and on the Easterly extension of said North right of way line to the East right of way line of Lemont Road; thence South on said East right of way Tine to the North line of the South 1125.33 feet of said Northwest quarter; thence West on the North line of the South 112533 feet of said Northwest quarter to the East right of way line of Lemont Road as dedicated per Document Number 931791; thence South on said East right of way line dedicated per Document Number 931791 to the Easterly extension of the South line of said Lot 9; thence West on said Easterly extension and on the South line of said Lot 9 to a point on the \Vest right of way line of Lemont Road, said point being 20.00 feet West of the Southeast corner of said Lot 9, thence North on said West right of way line to a point on the North line of said Lot 9, said point being 30.011 feet West of the Northeast corner of said Lot 9; thence NVest to the point of beginning, in DuPage County, Illinois. /0O0/9��ay_0 12 03/ / dcP /pss d 1,0 T Sour wes T Cv 11 r -1-1. 7-yl S 4 1-4 n? 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