O-645-89 12/26/89VILLAGE OF LEMONT
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS
RANQUIST GOLF COURSE AND THE EXECUTION
OF AN ANNEXATION AGREEMENT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
Thistf76 day of ,d2e
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook County, Illinois,
this day of / 6 ,J-G 1989.
, 1989.
) 0
ORDINANCE NO. g5-
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS
RANQUIST GOLF COURSE 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 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 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 "RANQUIST GOLF COURSE ANNEXATION AGREEMENT" dated
the C- day of AIII,FW4A%L. , 1989, as to 350+ acres,
(a copy of which is attached hereto and made a part hereof).
SECTION 2: That this Ordinance shall be in full force and CD
C
effect from and after its passage, approval, and publication in C'
pamphlet form as provided by law.
a,
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this - ' day
o , 1989.
Richard Kwasneski
Kenneth S. Bromberek
Barbara Buschman
Clifford Johnson
Charles Skopec
Bert Ercoli
AYES NAYS ' PASSED AF3SENP
C NE SMOLLEN, Village Clerk
Approved by me this day of.
CHARLENE SMOLLEN, Village
Clerk
Av.,J...
. FO LEY, i i1 lige President.
U
, 1989.
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
CERTIFICATE
CFf /c,9t
VILLAGE OF LEMONT
418 Main Street
Lemont, III. 6043%
I, CI-IARLENE 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 December 26 , 19 89 , the Corporate
Authorities of such municipality passed and approved Ordinance No. 645
entitled Authorizing the Execution of an Annexation Agreement for
the Development known as Ranquist Golf Course 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. 645
, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building, commencing on December 26th , 19 89 , and continuing Iur at
least ten days thereafter. Copies of such Ordinance were also available for public
inspection upon request in the ollice of the Municipal Clerk.
DATED at Lemont, Illinois this 17th day of January , 19 90
(SEAL)
1
WITH THIS
DOCLJMEN
CERTIFICATE
l,_Charlene Smollen certify thatl am the duly elected and acting
municipal clerk of the VILLAGE OF LEMONT, Cook,County, Illinois.
I further certify that the attached is true and correct to the best of
my knowledge.
DATED at Lemont, Illinois, thisa dday of 1),Ec i (,A.E12 , 198?.
T\I
Municipal Clerk
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ARTICLE XI
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
The DEVELOPER agrees to comply in all respects with all provisions of the VIL-
LAGE building, plumbing, electrical and mechanical codes applicable to the construc-
tion of buildings on the TERRITORY at such time as permits therefor are issued. The
DEVELOPER further agrees to reimburse the VILLAGE, within thirty (30) days of
receipt by DEVELOPER of an invoice from the VILLAGE therefor, for planning, engi-
neering and legal fees incurred as a result of the DEVELOPER's proposal, and shall
obtain all permits required by present and future VILLAGE Ordinances, except for sin-
gle family home building permits and such other building permits which shall be the
responsibility of the owners of single family homesites as set forth in the covenants,
conditions and restrictions applicable to the TERRITORY. The DEVELOPER further
agrees that, except as modified by this Agreement and as set forth on the Site Plan, 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
TERRITORY which is subject to this Agreement, except as may be hereafter modified
by the mutual consent of the Parties. In the event future VILLAGE Ordinances become
less restrictive, DEVELOPER shall receive the benefit thereof. In the event future
VILLAGE ordinances become more restrictive, the more restrictive provisions of said
ordinances shall not apply to the TERRITORY except where compliance with building,
plumbing, electrical and mechanical codes is concerned. All tap -on and other fees for
connections to public utilities shall be paid at the time building permits authorizing
such connections are issued, and shall be in such amounts as then established by the
VILLAGE.
MDM0553 12/22/89 1132 19
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ARTICLE XII
VARIATIONS FROM THE SUBDIVISION ORDINANCES
Notwithstanding contrary provisions of the Subdivision Regulations, the DEVEL-
OPER is hereby granted the following variations and departures to the terms thereof:
(a) A sidewalk will be installed within the public right -of -way on the east side
of Derby Road, from Archer Avenue on the north, thence southerly to the
northern boundary of the Commonwealth Edison right -of -way. Installa-
tion of sidewalks within the TERRITORY shall be required on one side
only of private streets therein, and DEVELOPER, in its discretion, may
designate on the Final P.U.D. Plat and Final Subdivision Plat for each
phase of the development of the TERRITORY which side of such private
streets shall be utilized for such sidewalk installation.
(b) Types and sizes of trees for parkway areas adjacent to public and private
streets shall be designated on a landscape plan, subject to reasonable
approval by the VILLAGE. Landscaping intended for private and
non - common areas shall not be installed until homes are constructed and
ready for occupancy, subject to the provisions of Article XIV.D hereof,
and, pursuant to the provisions of Article X hereof, the DEVELOPER shall
have no responsibility therefor.
(c) Adequate street lighting will be installed at the intersection of Derby
Road with the Main Club entrance and inside the development where
safety requirements so dictate; provided, however, interior lighting may
consist of decorative standards and lights with lower wattage producing
illumination standards consistent with the requirements of the Subdivision
Regulations. Pursuant to the permission of that governmental authority
MDM0553 12/22/89 1132 20
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having jurisdiction over Derby Road, the homeowners association to be
established by DEVELOPER pursuant to Article III hereof shall maintain
the street lights to be installed by DEVELOPER within the Derby Road
right -of -way, and shall also maintain street lights on interior streets.
(d) All private interior roads shall be constructed in accordance with the
requirements of the Subdivision Regulations; provided, however, a 50 foot
private roadway "easement" shall be permitted, with a roadway pavement
width (back of curb to back of curb) of no less than 28 feet. If found to be
necessary to the health, safety and welfare of the residents of the TERRI-
TORY and the VILLAGE, and if so requested by the VILLAGE or the
Lemont Fire Protection District, DEVELOPER shall include within the
covenants, conditions and restrictions referenced in Article III hereof (and
prior to the conveyance of fee simple title to any lot within the TERRI-
TORY) a provision limiting on- street vehicular parking to one side of
those streets as agreed upon between the VILLAGE, the DEVELOPER and
the Lemont Fire Protection District.
(e) DEVELOPER shall be allowed to erect a fence surrounding the TERRI-
TORY. Said fence shall be a maximum of eight (8) feet in height, may be
placed on the periphery (i.e., property line) of the TERRITORY (no set-
backs shall be required) including those areas where front yards form part
of said periphery, and may consist of of solid cedar, vinyl- coated chain
link or decorative metal, as specified and set forth on the Site Plan. To
the extent the establishment of said fence requires variations from the
fence requirements of the Zoning Ordinance, said variations shall be
MDM0553 12/22/89 1132 21
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granted by the VILLAGE at the time of annexation and zoning approvals
as specified herein.
ARTICLE KM
CONTRIBUTIONS
• A. The following contributions shall be made in connection with development
of the TERRITORY:
AMOUNT PER DWELLING UNIT
• AGENCY 3-BEDROOM 4- BEDROOM
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(1) CONSOLIDATED (ELEMENTARY)
SCHOOL DISTRICT $444.00 $661.60
(2) HIGH SCHOOL DISTRICT $121.88 $261.28
(3) LIBRARY DISTRICT $238.96 $304.56
B. The above contributions shall be paid by individual residential lot owners
to the above - referenced bodies and districts, on a per -unit, pro -rata basis, and shall be
due and payable at the time a building permit for each residential unit is issued by the
VILLAGE.
C. Notwithstanding the foregoing, all Park District contributions otherwise
required by VILLAGE ordinance or policy are waived in recognition of the quality and
quantity of private open space and private recreational facilities (i.e. Clubhouse and
Pool /Tennis Area) being provided by DEVELOPER.
D. In addition to the foregoing contributions, the DEVELOPER shall provide
to the VILLAGE, as a municipal contribution, the sum of three hundred thousand dollars
($300,000.00), to be paid in installments as follows:
(1) $50,000 by cashier's check or certified funds, at the time of recordation
of this Agreement;
MDM0553 12/22/89 1132 22
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(2) $100,000 by cashier's check or certified funds, by the date which is six (6)
months from the date of such recordation;
(3) $150,000 by cashier's check or certified funds, by the date which is twelve
(12) months from the date of such recordation.
• ARTICLE XIV
APPROVAL OF APPLICATION; EARLY START; LIQUOR LICENSE; COOPERATION
A. The VILLAGE agrees to take action to approve or disapprove all plats,
• plans and engineering submitted to VILLAGE by DEVELOPER, within thirty (30) days of
submittal thereof. If VILLAGE shall determine that any such submission is not in sub-
stantial 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 DEVEL-
OPER can make any required corrections or revisions.
• B. In recognition that the Lot adjacent to McCarthy Road shall not require con-
nection to public sewer and water facilities, the VILLAGE shall issue to DEVELOPER,
within a reasonable time after DEVELOPER'S delivery of plans and specifications as set
forth in this Article XIV.B, such permits as may be necessary to allow the construction
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of a model home on the Lot, provided adequate hard surface pavement access to the
Lot from a public right -of -way is installed by DEVELOPER when construction of said
model home is completed. Prior to such issuance, DEVELOPER shall provide to the
VILLAGE such plans and specifications for such structures, including engineering plans
containing sufficient grading and foundation elevation details, as may be required by
• VILLAGE Ordinances, regulations and policies, to allow such issuance. No occupancy
permit for final residency shall be issued for any such model home until Final P.U.D.
MDM0553 12/22/89 1132 23
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Plat and Final Subdivision Plat approval for the phase containing the Lot has been
granted by the VILLAGE.
C. The VILLAGE shall issue to DEVELOPER, pursuant to the submittal and
approval of engineering plans containing sufficient grading details, within fifteen (15)
days of the time of annexation, zoning and Site Plan approval, the necessary permits to
allow commencement of grading and other earth work, including construction of
stormwater management areas. DEVELOPER recognizes and acknowledges that such
grading and other earth work shall be undertaken solely at DEVELOPER'S own risk and
expense, and with no guarantee from the VILLAGE that it will approve final grading or
other plans for the development of the TERRITORY.
D. Except as otherwise set forth herein, the VILLAGE shall issue building per-
mits, not later than thirty days of ter receipt of all materials and documentation neces-
sary to constitute a complete application, for all buildings within the TERRITORY, in
accordance with the requirements contained in the VILLAGE'S ordinances and
regulations.
E. The VILLAGE shall issue, at no cost to DEVELOPER, occupancy certificates
within two (2) working days of application therefor, or issue a letter of denial within
said period informing DEVELOPER, or other contractor, specifically as to what correc-
tions are necessary as a condition to the issuance of a certificate and quoting the sec-
tion of any applicable code, ordinance, regulation, provision or policy relied upon by the
VILLAGE in its request for correction. DEVELOPER'S inability, due to adverse weather
conditions, to install driveways, service walks, public sidewalks, stoops, landscaping and
final grading, shall not delay the issuance of a temporary certificate of occupancy.
Temporary occupancy permits shall also not be delayed in the event adverse weather
conditions prevent construction of final surface courses on private drives.
MDM0553 12/22/89 1132 24
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F. The VILLAGE recognizes and acknowledges that the Clubhouse facility or
facilities to be located on the golf course portion of the TERRITORY is contemplated
by DEVELOPER to provide, among other amenities, full service dining facilities. Such
full service dining facilities will include the dispensation and sale of alcoholic bever-
ages, which dispensation and sale may take place within the Clubhouse facility or facil-
ities on a regular basis and in certain ancillary areas outside the Clubhouse facility or
facilities from time to time on a temporary basis. Upon proper application by the
DEVELOPER or its successor in title, the VILLAGE shall take such steps, hold such
hearings, enact such ordinances and Municipal Code text amendments and do all other
things necessary to create a class of license necessary to accommodate DEVELOPER'S
plans, to increase the number of licenses available in said class to accommodate
DEVELOPER'S plans, and to issue an appropriate liquor license or licenses to DEVEL-
OPER or its successor in title, subject to the compliance by DEVELOPER or its succes-
sor in title with all requirements of the VILLAGE Liquor Control Ordinance generally
applicable to all liquor license applicants.
G. 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. The VILLAGE shall also cooperate with DEVEL-
OPER in securing from Commonwealth Edison Company the easements necessary to
enter upon the Commonwealth Edison Right -of -Way that bisects the TERRITORY from
east to west, for purposes of roadway construction, utility installation, and other pur-
poses relevant to the construction of improvements within the TERRITORY.
MDM0553 12/22/89 1132 25
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ARTICLE XV
LETTERS OF CREDIT
A. In lieu of any bonds or cash escrow deposit for public improvements (as same
are set forth on Exhibit "C ", attached to and made a part hereof), the DEVELOPER
shall furnish to the VILLAGE an irrevocable Letter or Letters of Credit, 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.
B. At the time of Final P.U.D. Plat and Final Subdivision Plat approval, the Let-
ters of Credit or other evidence of adequate funds or security shall at all times be equal
to 125% of the actual contract cost of the public improvements being constructed in
the applicable phase of development. If actual contract costs are not available at time
of Final P.U.D. Plat and Final Subdivision Plat approval, the DEVELOPER shall deposit
security as herein provided, in an amount equal to 125% of the estimated cost for said
phases 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 public 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 and /or Public Works
• Director shall, in writing, advise the DEVELOPER of the condition of the public
improvements, of what corrections or modifications, if any, are necessary, and whether
(or any part thereof) in accordance with the plans and specifications therefor, the VIL=A
LAGE shall accept the same upon deposit of DEVELOPER's guarantee for the one (1) r.,:,
ti
4 4‘"44'
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same shall be accepted by the VILLAGE. Upon completion of the public improvemen
MDM0553 12/22/89 1132 26
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year period after acceptance as required by the Subdivision Regulations, and as set
forth in Article XVIII hereof
• D. The dedication of public improvements (or any portion thereof) to the VIL-
LAGE shall be deemed accepted upon the enacting of a resolution of acceptance by the
Corporate Authorities of the VILLAGE, and the delivery by the DEVELOPER of a prop -
• erly executed Bill of Sale for all public improvements contained within the dedication.
E. Upon acceptance of dedication of public improvements (or any part thereof)
by the VILLAGE, the DEVELOPER may reduce the Letter of Credit or other security by
• an amount equal to the value of the public improvements so accepted.
ARTICLE XVI
• 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 VILLAGE Municipal Code alleg-
• edly violated by DEVELOPER, so that DEVELOPER may forthwith proceed to correct
such violations as may be found to exist. Moreover, the VILLAGE shall, insofar as pos-
sible, give advance notice to the DEVELOPER so DEVELOPER shall have an opportu-
• nity to correct possible violations. This paragraph shall not restrain the VILLAGE Build-
ing Official from issuing a stop work order in any case where the Building Official con-
siders a continuation of the work to constitute a threat to the health or safety of the
public or personnel employed on or near the site. VILLAGE shall provide DEVELOPER
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notice as required by applicable laws, ordinances, regulations or policies of any matter, C
such as public hearing, proposed building code changes and policy changes or other mat- C:
ters which may affect the TERRITORY, or the development thereof, under the terms
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of this Agreement.
MDM0553 12/22/89 1132 27
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ARTICLE XVII
COMPLETION OF CONSTRUCTION
A. The development of the TERRITORY in accordance with the Site Plan (as
same may from time to time be revised as set forth herein) shall be substantially com-
• pleted by the date which is ten (10) years from the date of this Agreement; provided
however, the golf course portion of the TERRITORY shall be completed by the date
which is three (3) years from the date of this Agreement (collectively, the "Completion
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Dates "), subject to extensions of the respective Completion Dates as approved by the
VILLAGE.
B. Notwithstanding the provisions of Article XVII.A above, the respective Com-
• pletion Dates shall be extended as a result of delays in the completion of work caused
by circumstances 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 XVIII
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 the Agreement, OWNER shall deposit with the VILLAGE a maintenance
bond or letter of credit in the amount of five percent (5 %) of the cost of the installa-
tion of the public improvement accepted by VILLAGE. Upon such deposit, the letter of
credit or other security or deposit with the VILLAGE pursuant to Article XV hereof
MDM0553 12/22/89 1132 28
shall be drawn down or returned to the DEVELOPER, as the case may be. The mainte-
nance 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 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 do exist by DEVELOPER and acceptance by VILLAGE of said
corrections. The maintenance bond or letter of credit shall provide for maintenance of
• those improvements set forth on Exhibit "C ", which is attached hereto.
ARTICLE XIX
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.
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ARTICLE XX
(..")
td
RECORDING °D
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
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of Deeds in Cook County, Illinois upon completion of the Planned Unit Development
MDM0553 12/22/89 1132 29
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herein. Final P.U.D. Plats or Final Subdivision Plats shall be recorded on a
phase -by -phase basis.
ARTICLE XXI
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 XXII
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 the land and be binding on the successors in title to the TERRITORY of
DEVELOPER and upon successor corporate authorities of the VILLAGE and its succes-
sor 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.
ARTICLE XXIII
REMEDIES
In accordance with the provisions of Article XVI hereof, upon a breach of this
Agreement, any of the Parties, in any court of competent jurisdiction, by an action or
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
MDM0553 12/22/89 1132 30
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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 XXIV
• 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 XXV
ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, negotiations and exhibits and is
a full integration of the entire agreement of the Parties.
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ARTICLE XXVI
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.
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ARTICLE XXVII
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 XXVIII
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:
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
If to OWNER: First National Bank of Evergreen Park
Attn: Trust Department; Trusts 10038, 10698 L
and 10883
3101 W. 95th Street
Evergreen Park, Illinois 60642
MDM0553 12/22/89 1132 32
If to DEVELOPER:
9
Robert C. Ranquist & Co., Inc.
Attention: Robert C. Ranquist, Jr.
745 McClintock Drive, Suite 300
Burr Ridge, Illinois 60521
• with a copy to: Rothschild, Barry & Myers
Two First National Plaza
Chicago, Illinois 60603
Attn: Roger Guerin, Esq.
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ARTICLE XXIX
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 XXX
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
•
MDM0553 12/22/89 1132 33
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have been performed, (3) that no Party is in default o it5`'obl gations•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.
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.
VILLAGE OF LEMONT, an Illinois
municipal corporation
ATTEST:
ILLAGE CLERK
ROBERT C. RANQUIST & CO., INC., an
Illinois corporation
By: ! (11(17;
Its:
ATTEST:
a Le
i_azaz4t,, Qtt a-ce;r-
I tS: ,Q
MDM0553 12/22/89 1132 34
ATTEST:
Its:
ASSISTANT 1 RUST OFFICER
ATTEST:
Its:
ATTEST:
/)
ASSISTANT TRUST OFFICER.
Its:
.mot
AS "IS IANT TRUST OFFICER
MDM0553 12/22/89 1132 35
FIRST NATIONAL BANK OF
EVERGREEN PARK, as Trustee
aforesaid (#10038)
FIRST NATIONAL BANK OF
EVERGREEN PARK, as Trustee
aforesaid ( #10698)
By: \mil\
Its: sue VICE PRESI
FIRST NATIONAL BANK OF
EVERGREEN PARK, as Trustee
aforesaid (#10883)
WS( O[I CER
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STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for the said County in the state afore-
said, i LSLI(I , i jY certify that IOSEPH C. FANELLI and
, who are personally known to me to be the
SENIOR VICE PRESIDENT & TRUST OFFICE and s STANT TRUST OFFICERI ; , respectively, of
First National Bank of Evergreen Park, an Fe na11 known to me to be the same per-
sons day in person and are subscribed Ledged that foregoing asu 5� s Ni R �,m�e�to��ti45re me this
ASSISTANT 1 RUS 1 `iIaii, , 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. 10698, dated May 19, 1989, for the uses and purposes therein set
forth.
Given under by hand and seal this day of CA-0_24k3)-(--k. , 1989.
■ ∎
Notary Public
My commission expires:
"CYF .TCTA
T otaty p u.!,,,,, `"t t -;)
r n� of ft :it
;9/15,i vi t
MDM0553 12/22/89 1132 36
C)
C.4
•
STATE OF ILLINOIS
) SS.
COUNTY OF COOK
The undersigned, a Notary Public in and for the said County in the state afore-
said, o hereby certify that JOSEPH C. FANELLI and
ROBERT J. MAYO personally wn to me to be the
who. are yy !i��
Ep�ios Mr PRESIDENT & TRUST oFnc and ASSISTANT TRUST UFFII;tti , 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 iwrlIrO ilan rtESAN a 1-6r me this
day in person and a }}�� edged that as such and
ASSISTANT TRUST (Uf Fit , 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. 10038, dated January 13, 1988, for the uses and purposes therein
set forth.
Given under by hand and seal this Q day of &es2AAA)-4-k-
My commission expires:
r L,,.
SCR
F
BOgl,,i p.I. to otl1�`�T:ois
DE si
'Public, State, ' 151
I1ots1Y EXp1Les 10
fission
MDM0553 12/22/89 1132 37
, 1989.
Notary public
•
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for the��CCu�lk ithe state afore-
said, do hereby certify that 11 and
ROBERT J. MAYq , who _personally known to me to be the
SENIOR VICE PRESIDENT & iNUST FFICfIC and ASSISANT TRUST OFFICER; , 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 foregoingN>jsmt1Nmr @More me this
day in person and acknowledged that as suc and
As�4iT),r�T Tr,UST OFFICER' ; , respectively, they signed and delivered the said
instrutiietlt 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. 10883, dated September 19, 1989, for the uses and purposes
therein set forth.
Given under by hand and seal this
My commission expires:
.4 s, A v.11.
ckake°- '15
MDM0553 12/22/89 1132 38
day of 1989.
Notary Public
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 and
, who are personally known to me to be the Vice
President and Clerk, respectively, of Village of Lemont, an Illinois municipal corpora-
tion and personally known to me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and acknowledged
that as such Vice President and Clerk, respectively, they signed and delivered the said
instrument as their own free and voluntary act and as the free and voluntary act of said
Village.
Given under by hand and seal this day of , 1989.
Notary Public
My commission expires:
MDM0553 12/22/89 1132 39
STATE OF ILLINOIS
) SS.
COUNTY OF DuPAGE )
The undersigned, a Notary Public
.said, do _hereby rectify - - -Zit l who
and
Robert C. Ranquist and Co., an Illino
in an for the sai
that
are p sonally
ty in the sta
corporation
me
e afore -
and
be the
respectively, of
n• personally known to me to be
the same persons whose names are subscribed to t e foregoin: ' nstrument, 'appeared
befpre me this day in person and acknowledged that as such and
respectively, they signed and delivered the said instrument as
'their own freeOnd voluntary act and as the r e and vo tary act of said corporation.
Given under by hand and seal this. ay of 989.
Alms
My commission ex ires:
7
MDM0553 12/22/89 1132 40
Notary
OFFICIAL SEAL "
MARLENE A. F3Af!f1'I:
.NOTARY f'UILIC, STATE or
MY GUNIA113;gipN EXPIRES _ 2 /9AI
CD
��5
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
9
SCHEDULE OF EXHIBITS
Plat of Annexation with Legal Description
Site Plan
Schedule of Public Improvements
MDM0553 12/22/89 1132 41
410
SCHEDULE OF PUBLIC IMPROVEMENTS
1. Sanitary Sewer
2. Water Main
3. Roadway Improvements (including Storm Sewer and Street Lighting)
4. Landscaping (within the rights -of -way)
5. Sidewalks (within the rights -of -way)
Ranquist Golf Course (Ruffled Feathers)
Annexation Agreement
EXHIBIT C
•
•
•
•
•
•
•
RANQUIST GOLF COURSE
( "RUFFLED FEATHERS ")
ANNEXATION AGREEMENT
ROBERT C. RANQUIST & CO., INC.
DEVELOPER
Robert C. Ranquist & Co., Inc.
745 McClintock Drive
Suite 300
Burr Ridge, IL 60521
(708) 325-1212
( ?) ZETT 68 /ZZ /ZT ESSOINQIN
'4 OE IN2IRI IIXX
t.' 1a OE XIIIIHV2iHAHS IXX
6Z DNIQ2IOOH2I XX
6Z SINHINHAO2IdINI DJ1 f1d OZ ROVINHQ XIX
8Z QN09 3ONVN31NIVIN IIIAX
8Z NOII Df12IISNOO 3O NOIIH'IdINOO IIAX
LZ SNOIIV'IOIA 30 HOIION IAX
SZ 1IQH2IO 30 S2i3,L.LH'I AX
EZ NOIIV2IHdO0O !HSN3OI'I 2IOf1WI'I
L2idIS �I2IdH !NOI.LVOI'IddV 1O 'IVA02iddd AIX
ZZ SNOI1f1SI2i.LNOO IIIX
OZ SHONVNIQ2I0 NOISIAIQ8f1S HI-II IN02I3 SNOI.LVI2IVA IIX
6T "'S2i 11VIN 'IV2IHNH0 QNV SIIIN2I3d `SHONVNIQ2I0 ONIQ"IIf1S `SSH3 IX
81 DNIdVOSQNV'I X
9T SXVMQH02I XI
SI SISOD 2IHHIO QNV NOISNH.LXH X.LI'IIlfl 30 H2If IdVOH2i IIIA
tT 1N3IN3JVNVIN 2IHIVMINHOIS IIA
ET SIIHMHS X2iVIIN VS IA
TT HaIVM A
OT 'IVAO21ddV NV-Id 311S AI
S SNOI.LOIIIIS32i HSf1 QNV'I QNV DNINOZ III
S NOIIVXHNNV II
S S"IVIIO32I I
SI.NHI,NOO 3O MTV!
•
atollad
•
•
Article Page
XXIII REMEDIES 30
XXIV AMENDMENT 31
XXV ENTIRE AGREEMENT 31
XXVI SURVIVAL 31
XXVII COUNTERPARTS 32
XXVIII NOTICES 32
XXIX TRUSTEE EXCULPATION 33
XXX ESTOPPEL CERTIFICATES 33
MDM0553 12/22/89 1132 (ii)
•
•
9
RANQUIST GOLF COURSE ( "RUFFLED FEATHERS ") ANNEXATION AGREEMENT
THIS AGREEMENT (the "Agreement "), made and entered into this day of
December, 1989, between the VILLAGE OF LEMONT, a municipal corporation of the
County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and
FIRST NATIONAL BANK OF EVERGREEN PARK, as Trustee under Trust Agreements
dated January 13, 1988 and known as Trust No. 10038, dated May 19, 1989 and known as
Trust No. 10698, and dated September 19, 1989 and known as Trust Number 10883,
(hereinafter referred to as "OWNER ") and ROBERT C. RANQUIST & CO., INC., an Illi-
nois corporation, (hereinafter referred to as "DEVELOPER ") (VILLAGE, OWNER and
DEVELOPER are hereinafter collectively referred to as "Parties" and individually as a
"Party").
WITNESSETH;
WHEREAS, OWNER is the owner of record of approximately three hundred
forty -three (343) acres of real property (hereinafter referred to as "TERRITORY "),
located generally southeast of Archer Avenue and north of 131st Street in
unincorporated Cook County, Illinois, the legal description and Plat of Annexation 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 /golf
•
course community in substantial conformance with the preliminary site plan (the "Site
Plan ") prepared by Ives /Ryan Group, Inc., which is attached hereto as Exhibit "B" and
• by this reference made a part hereof; and,
MDM0553 12/22/89 1132
•
WHEREAS, the TERRITORY is not presently
of any municipality, but is contiguous to and may b
• vided in Article 7 of the Illinois Municipal Code (Ill.
seq., 1987 ed.); and
WHEREAS, the VILLAGE has agreed to annex
to zone the TERRITORY as described herein, to a
Development for the TERRITORY, to approve the Si
tions, so as to allow DEVELOPER to make improve
Plan; and
WHEREAS, the VILLAGE acknowledges that t
for residential, golf course and other purposes as se
with the planning and zoning objectives of the VI
OWNER and DEVELOPER to annex the TERRITORY
tial benefit to the VILLAGE, will extend the corpo
VILLAGE, will permit orderly growth, planning and
increase the tax base of the VILLAGE, and will pro
fare of the VILLAGE; and
WHEREAS, the R -4 Single Family Residence
Residence District /Unique Use classifications under
Ordinance ") of the VILLAGE, as currently amended,
Unit Development, the designation of certain golf c
areas planned for the TERRITORY as Open Space, a
vision Regulations (the "Subdivision Regulations ")
MDM0553 12/22/89 1132 2
ocated within the corporate limits
annexed to the VILLAGE as pro -
ev.Stat., ch.24, paragraph 7 -1 -1 et
the TERRITORY to the VILLAGE,
prove a Special Use /Planned Unit
e Plan, and to grant certain varia-
ents in accordance with the Site
e proposed use of the TERRITORY
forth herein would be compatible
LAGE and that the agreement of
o the VILLAGE will be of substan-
ate limits and jurisdiction of the
evelopment of the VILLAGE, will
ote and enhance the general wel-
istrict and the R -4 Single Family
the zoning ordinance (the "Zoning
pursuant to a Special Use /Planned
urse and stormwater management
d certain variations to the Subdi-
of the VILLAGE, as hereinafter
•
described, would be the most appropriate classificati.ns for improvement of the TER-
RITORY as depicted on the Site Plan; and
•
WHEREAS, pursuant to Section 7 -1 -1 of the Ill nois Municipal Code, as aforesaid,
the new boundaries of the VILLAGE resulting from a nexation of the TERRITORY shall
• extend to the far side of every highway and shall include all of every highway so
annexed; and,
•
• paragraph 11- 15.1 -1, et seq., 1987 ed.) to enter i to an agreement with respect to
annexation of the TERRITORY and various other ma ters in accordance with the terms
and conditions hereinafter set forth; and,
WHEREAS, OWNER has submitted to the VI LAGE a properly drawn and exe-
cuted Petition for Annexation (the "Petition ") pursue nt to Section 7 -1 -8 of the Illinois
Municipal Code (I11. Rev. Stat., ch. 24, paragraph 7 -1 -8, 1987 ed.), and the parties
desire, pursuant to Section 11- 15.1 -1 of the Illinois iunicipal Code (I11.Rev.Stat., ch.24,
WHEREAS, pursuant to notice as required by
ings were held by the VILLAGE Plan Commission on
• requested approval of a Special Use /Planned Unit
Plan and approval of necessary variations therefor,
said body were submitted to the Corporate Authoriti
• WHEREAS, due and proper notice of the pro•osed annexation has been given to
tatute and ordinance, public hear -
he zoning of the TERRITORY, the
evelopment, approval of the Site
nd the recommendations made by
s of the VILLAGE; and
the Trustees of Lemont Township, the Trustees of t e Lemont Public Library District,
the Lemont Township Highway Commissioner, the T ustees of the Lemont Fire Protec-
• tion District, the Metropolitan Water Reclamation D strict and School District Numbers
MDM0553 12/22/89 1132 3
•
•
113 and 210, and to all other required entities, mor
being taken with respect to the aforesaid petition fo
WHEREAS, all other and further notices publi
and other matters attendant to the consideration an
• agreement and the annexation and zoning of the T
held and performed by the VILLAGE as required by
et seq. of the Illinois Municipal Code, as aforesaid, a
all applicable ordinances, regulations and procedures
•
WHEREAS, pursuant to the provisions of Sect
pal Code, as aforesaid, the corporate authorities of t
for and held a hearing upon this Agreement and ha
said hearing; and,
WHEREAS, the Corporate Authorities have
tions to enter into this Agreement and have further
visions of this Agreement and have, by a resolution
of the Corporate Authorities then holding office, a
and the VILLAGE Clerk to attest, this Agreement on
than 10 days prior to any action
annexation; and
ations, procedures, public hearings
approval of the execution of this
RRITORY have been given, made,
ection 7-1 -8 and Section 11- 15.1 -1
d all other applicable statutes, and
of the VILLAGE; and
on 11- 15.1 -1 of the Illinois Munici-
e VILLAGE have duly fixed a time
e given due and proper notice of
my considered all necessary peti-
duly considered the terms and pro -
my adopted by a vote of two- thirds
thorized the President to execute,
behalf of the VILLAGE; and
WHEREAS, DEVELOPER has expended substa tial sums of money and has mate-
• rially altered its position in reliance upon, the execution of this Agreement and the
performance of its terms and provisions by the VILL ° GE;
NOW, THEREFORE, in consideration of the f iregoing recitals and of the mutual
covenants and agreements hereinafter contained, th Parties hereto agree as follows:
MDM0553 12/22/89 1132 4
•
•
ARTICLE I
RECITALS
The Parties agree and acknowledge that the st tements and representations con-
tained in the foregoing recitals are true a d accurate and are incorporated
herein as if fully set forth at length in this Article 1.
ARTICLE II
ANNEXATION
A. Subject to the provisions of Section 7 -1 1, et seq., of the Illinois Municipal
Code, as aforesaid, the Parties agree to do all things necessary or appropriate to cause
the TERRITORY to be validly annexed to the VILLA e E as promptly as possible upon the
execution of this Agreement, pursuant to the terms a d conditions contained herein.
B. The VILLAGE hereby waives any annex : tion fees other than those already
paid by OWNER and DEVELOPER and other than those provided elsewhere in this
Agreement.
ARTICLE III
ZONING AND LAND USE RE TRICTIONS
A. Upon annexation of the TERRITORY ti the VILLAGE, the VILLAGE shall
pass such ordinances, adopt such resolutions, and to e such other actions as are neces-
sary to zone the TERRITORY as set forth in Article III.B and Article III.0 below, clas-
sify the TERRITORY as a Special Use /Planned Unit Development, approve the Site Plan
as the Preliminary Plat of Planned Unit Developmen and the Preliminary Plat of Subdi-
vision, and to grant the necessary variations to the 'ubdivision Regulations as set forth
below.
B. The TERRITORY shall be classified as f.11ows:
MDM0553 12/22/89 1132
LAND -USE
• 1. Single Family
2. Pool /Tennis Area
3. Golf Cottages
Area
•
4. Stormwater
Management
5. 18 Hole Golf
Course
6. Real Estate
Sales Office
• 7. Club House Area
8. Golf Maintenance
Area
•
•
9. Homeowners
Maintenance
Area
UNDERLYING DWELLING
ZONING UNITS
R -4 249
R -4 n/a
see Article
III.C(6) below
8
Open Space n/a
Open Space n/a
R -4 /Unique Use
R -4 /Unique Use
R -4 /Unique Use
R -4 /Unique Use
n/a
n/a
n/a
n/a
C. Within the Special Use /Planned Unit
lowing limitations shall apply:
(1) The minimum lot size for residential 1
within the TERRITORY shall be 12,000
of 85 feet, measured at the building se
be established at the point 35 feet fro
tained for residential lots (exclusive
TERRITORY.
(2) The exterior facades of the Real Estat
tages shall be constructed primarily wi
(3) A landscaped buffer shall be installe
non - residential uses, including, but no
MDM0553 12/22/89 1132 6
APPROXIMATE
LOTS ACREAGE
249
One
see Article
III.C(6)
below
147.4
4
1.5
n/a (see #5 below)
n/a
178
(includes
stormwater
management)
One 2
One 7.5
One 2.5
One 1
evelopment classification, the fol-
ts (exclusive of the Golf Cottages)
square feet. A minimum lot width
back line (which setback line shall
the front lot line), shall be main -
of the Golf Cottages) within the
Office, Club House and Golf Cot -
h brick, glass and cedar materials.
to screen residential areas from
limited to, the Golf Maintenance
•
•
•
Area, the Homeowners' Maintenance
DEVELOPER shall provide information
times as the Final P.U.D. Plat and
below, are submitted for the phase o
scaped areas.
(4) A homeowners association, organized a
tion, will be established by the DEVE
certain covenants, conditions and res
maintenance of the proposed bridge
Article IX.D below, and for maintenan
those portions of the TERRITORY zone
Family /Unique Use, and within certain
as described and set forth in said coven
(5) All single family residential dwelling
shall have a minimum of 2200 square f
strutted primarily of brick, glass and ce
(6) Development of the Golf Cottages Are
eight (8) residential dwelling units. D
establish any mix of single family
( "Townhomes" or "Villa homes ") or m
units within the Golf Cottages
DEVELOPER'S plans for the Golf Cott
the Golf Cottages Area as an R
Multiple - Family Residence District or,
MDM0553 12/22/89 1132 7
•
Area and the Pool /Tennis Area.
egarding such landscaping at such
inal Subdivision Plat, as defined
phases encompassing such land-
in Illinois not for profit corpora -
OPER, to enforce and carry out
rictions, which shall provide for
on Derby Road, as set forth in
e of private common areas within
R -4 Single Family and R -4 Single
ther portions of the TERRITORY,
nts, conditions and restrictions.
nits (exclusive of Golf Cottages)
et of living area and shall be con -
ar materials.
shall be limited to a maximum of
VELOPER, at its discretion, may
etached, single- family attached
ltiple- family residential dwelling
rea. In order to effectuate
ges area, the VILLAGE shall zone
6 Single - Family Attached and
in the alternative, shall zone the
•
•
•
Golf Cottages area as an R -4 Single- Family Residence District /Unique
Use, and approve such special uses, u
and departures as are necessary to allo
OPER shall submit for the VILLAGE'
the procedures set forth in Article I
P.U.D. Plat and Final Subdivision Pla
encompassing the Golf Cottages Area
to develop the Golf Cottages area, whi
the maximum of 8 dwelling units s
DEVELOPER and its successors in title
simple title to individual Golf Cottages
said Golf Cottages, pursuant to the co
as referenced in Article III.C.(4) above.
(7) Within the Clubhouse Area, DEVELOP
one or more buildings or struct
clubhouse - related needs and activities.
the VILLAGE's reasonable approval, p
in Article III.F and Article IV below, a
sion Plat, as defined below, for the
Area, as such time as DEVELOPER see
D. In the event any VILLAGE Code, ordin
in effect at the time the TERRITORY is annexed is
• and R -4 /Unique Use classifications of the Zoning
struction and maintenance of single - family residenc
•
MDM0553 12/22/89 1132
8
e variations and other variations
such development. The DEVEL-
reasonable approval, pursuant to
.F and Article IV below, a Final
, as defined below, for the phase
t such time as DEVELOPER seeks
h development shall be limited to
t forth above. Once developed,
hall have the ability to convey fee
or to retain title and rent or lease
enants, conditions and restrictions
R may establish, at its discretion,
res designed to accommodate
The DEVELOPER shall submit for
rsuant to the procedures set forth
inal P.U.D. Plat and Final Subdivi-
hase encompassing the Clubhouse
s to develop the Clubhouse Area.
nce, regulation, provision or policy
hereafter amended so that the R-4
rdinance will not permit the con-
s and other uses as set forth herein
C
CZ
i
in accordance with the Site Plan, the VILLAGE sha
from such VILLAGE code, ordinance regulation, provi
to enable DEVELOPER's improvement of the TERRI
Plan.
1 promptly grant such variations
ion or policy as may be necessary
ORY in accordance with the Site
E. Upon the annexation of the TERRITO Y to the VILLAGE, the VILLAGE
Clerk shall be authorized to record the zoning class fications set forth herein for the
TERRITORY on the Official Zoning Map of the VILLAGE.
F. After DEVELOPER has submitted to th
unit development (the "Final P.U.D. Plat ") and Final
vision Plat "), the VILLAGE Board of Trustees shall
Final Subdivision Plat without a hearing before an
Commission or other recommending body, provided
Subdivision Plat conform substantially to the Site Pla
to enable DEVELOPER's improvement of the TERRIT
the extent this procedure represents a departure fro
Ordinance - required methods and practices, such app
granted pursuant to the necessary variations to an
practices. DEVELOPER, by submitting for approval
vision Plat for any portion of the TERRITORY withi
inary approval shall be deemed as having fully satisf
vision Regulations as to time limitations governing
standing the fact that further final P.U.D. or subdi
tions of the TERRITORY are to be submitted in the f
the right to submit the Final P.U.D. Plat and Fina
MDM0553 12/22/89 1132 9
VILLAGE a final plat of planned
Subdivision Plat (the "Final Subdi-
pprove said Final P.U.D. Plat and
a recommendation by the Plan
such Final P.U.D. Plat and Final
, and issue the necessary permits
RY in accordance therewith. To
VILLAGE's customary or Zoning
ovals as described herein shall be
waivers from such methods and
Final P.U.D. Plat or Final Subdi-
one year from the date of prelim -
ed the requirements of the Subdi-
submittal of final plats, notwith-
ision plats for the remaining por-
ture. The DEVELOPER shall have
Subdivision Plat for approval in
C
phases, shall not be required to request approval of t
division Plat for the entire TERRITORY at one
• improve the TERRITORY in phases. To the extent
ments are developed or installed in phases or unit
accept same on a phase -by -phase basis (or on a unit -by -unit basis, if unit -by -unit
• development within a single phase takes place).
e Final P.U.D. Plat and Final Sub-
ime, and shall have the right to
that roadway and utility improve-
, the VILLAGE shall inspect and
ARTICLE IV
• SITE PLAN APPROV
The development of the TERRITORY shall to
with the Site Plan. The VILLAGE recognizes and ac
• plies fully with the Zoning Ordinance, the Subdiv'
Municipal Code, except to the extent departures,
approved herein. DEVELOPER may revise or modi
• limited to the placement, configuration, size and
ments) provided that any such revisions or modifica
Ordinance, the Subdivision Regulations and other ap
Municipal Code, except to the extent departures, v
•
Zoning Ordinance, the Subdivision Regulations and t
forth herein. In the event such revisions do not
• present such revisions or modifications directly to V
recommendation of VILLAGE staff, without havin
modifications to the VILLAGE Plan Commission or o
hearing. To the extent this procedure represents a
•
•
tomary or Zoning Ordinance - required methods a
MDM0553 12/22/89 1132
10
L
e place in substantial conformance
nowiedges that the Site Plan com-
ion Regulations and the VILLAGE
ariances, and bulk exceptions are
y the Site Plan (including but not
umber of buildings and improve -
ions shall comply with the Zoning
licable provisions of the VILLAGE
riances and bulk exceptions to the
e VILLAGE Municipal Code are set
o comply, the DEVELOPER may
LLAGE Board of Trustees upon the
first presented such revisions or
her recommending body for public
eparture from the VILLAGE's cus -�,
d practices, such approvals as C�'
described herein shall be granted pursuant to the n
from such methods and practices.
•
ARTICLE V
WATER
• A. DEVELOPER shall extend water mains
the TERRITORY from off -site locations in accorda
specifications therefor reasonably approved by the
• shall be constructed at no cost to the VILLAGE and s
B. It is the intent of the Parties that the
water mains to the TERRITORY sufficient to deliv
• minute fire flow plus domestic flow with a 20 poun
as currently outlined in the Illinois Fire Insurance
Fire Protection District.
• C. All water mains constructed by DEVE OPER shall remain DEVELOPER'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 accor
State of Illinois Environmental Protection Agency
with the domestic and fire protection needs of the p
TORY, as reasonably approved by the VILLAGE Engi
cessary variations to and waivers
o provide potable water service to
ce with the engineering plans and
ILLAGE Engineer. Said extension
all be dedicated to the VILLAGE.
DEVELOPER shall extend off -site
r a minimum of 1,000 gallons per
per square inch residual pressure
odes and required by the Lemont
ance with the requirements of the
ureau of Public Water Supply and
oposed development of the TERRI-
eer.
E. The VILLAGE warrants that it owns, operates and maintains a potable
water supply and distribution system within its b•rders and water mains within the
• right -of -way of McCarthy Road, which system and mains have sufficient capacity to
accommodate the anticipated potable water a d fire protection needs of the
development depicted on the Site Plan. All inspecti•n, tap -on and user fees assessed in
•
MDM0553 12/22/89 1132 11
•
•
•
relation to potable water service shall be assessed at the same rate as those charged by
the VILLAGE to other residential users of VILLAGE water service. The VILLAGE shall
• cooperate with DEVELOPER in obtaining and granting all necessary easements in and
to VILLAGE owned rights -of -way to enable DEVELOPER to provide potable water ser-
vice to the TERRITORY.
F. DEVELOPER shall be allowed to sink a private well to irrigate the
plantings that will be grown temporarily on the Pool /Tennis Center site (for distribu-
• tion, when more mature, throughout the TERRITORY). Said well may be used, to fill
the swimming pool when permanent swimming pool and tennis facilities are built on the
Pool /Tennis Center sites.
• G. DEVELOPER shall be allowed to sink a private well to serve the residen-
tial lot (the "Lot ") at the northeast corner of the TERRITORY adjacent to McCarthy
Road with potable water.
H. DEVELOPER contemplates utilizing certain lakes to be created in the
TERRITORY to provide water for proper irrigation .f the golf course. Accordingly, in
addition to those other private wells discussed herei , DEVELOPER shall be allowed to
sink private wells in the TERRITORY to provide wat =r to fill the "irrigation" lakes.
I. DEVELOPER shall take all reasonable s eps to insure that the drilling and
use of the private wells discussed herein will not aversely affect existing residential
shallow wells or municipal deep well operation. The use of the private wells discussed
herein, which are not connected to any public water supply, shall not be subject to nor
affected by any "water sprinkling ban" or other water use restriction of the VILLAGE
now existing or hereinafter enacted.
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•
ARTICLE VI
SANITARY SEWERS
A. DEVELOPER shall extend sanitary sewers to provide sewer service to the
TERRITORY in accordance with the engineering plans and specifications therefor rea-
sonably approved by the VILLAGE ENGINEER. Said extension shall be constructed at
no cost to the VILLAGE and shall be dedicated 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.
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 warrants that it has adequate municipal sanitary sewer
service capacity to service the proposed development of the TERRITORY. The VIL-
LAGE 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 Illinois Environmental Protection Agency to
allow DEVELOPER to connect to the sanitary sewer lines in the right -of -way of Archer
Avenue 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 at the time
+�
of connection. The VILLAGE shall cooperate with DEVELOPER in obtaining and /or J
granting all necessary easements in and to VILLAGE owned right -of -way to enable
tom'
DEVELOPER to provide sanitary sewer service to the TERRITORY.
a.�
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•
9
E. The DEVELOPER shall install a temporary sewage disposal system (Le.,
holding tank) to serve the temporary sales trailer located in the Pool /Tennis Area.
•
F. The VILLAGE, subject to the reasonable approval of the VILLAGE engi-
neer, shall allow the establishment of a septic field sewage disposal system to serve the
• golf maintenance building located at the northwest corner of the TERRITORY adjacent
to Archer Avenue and to serve the Lot adjacent to McCarthy Road, in lieu of the
extension by the DEVELOPER of public sanitary sewer facilities to said locations.
ARTICLE VII
STORMWATER MANAGEMENT
A. DEVELOPER agrees to adhere to the current Retention Policy of the VIL-
LAGE and the Metropolitan Water Reclamation District, and DEVELOPER agrees to
store and convey stormwater according to those plans and specifications approved by
the VILLAGE Engineer, which approval will not be unreasonably withheld. DEVEL-
OPER agrees to install and maintain all drainage courses and stormwater management
areas; provided, however, such maintenance may be turned over to an appropriate
party at such time as OWNER and DEVELOPER determine.
B. Construction of all stormwater management areas shall commence prior
to the installation of on -site roadway and storm sewer system to prevent property dam-
age during interim improvement construction, and shall be completed (not including
landscaping and other "finishing" elements) to the degree required to provide adequate
stormwater management for the TERRITORY and so as not to adversely affect down-
stream properties or waterways. During the proposed development's construction
period, DEVELOPER shall take temporary precautionary measures, as reasonably
MDM0553 12/22/89 1132 14
•
ti
required by the VILLAGE Engineer, to prevent stormwater runoff from causing erosion
and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways.
• C. The plans and specifications for the construction of the stormwater man -
agement areas shall adhere to those standards established by the Metropolitan Water
Reclamation District and the VILLAGE codes, ordinances, regulations and policies.
ARTICLE VIII
RECAPTURE OF UTILITY EXTENSION AND OTHER COSTS
A. The VILLAGE acknowledges the OWNER'S construction of potable water,
•
sanitary sewer and storm sewer systems in the manner shown on the preliminary engi-
neering 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 consistent with and furthers the fulfillment of the
VILLAGE's planning efforts. The VILLAGE agrees that, upon verification from the VIL-
LAGE Engineer of the costs to DEVELOPER of the installation of said potable water,
•
sanitary sewer and storm sewer systems, the extent of the service area of said installa-
tions, and the list of Benefited Properties, the VILLAGE will-adopt a recapture ordi-
nance or ordinances (the "Recapture Ordinance ") and approve a recapture agreement or
•
agreements (the "Recapture Agreement ") with the DEVELOPER that will allow DEVEL-
OPER to recapture that portion of the costs and expenses of installation of said potable
water, sanitary sewer and storm sewer systems attributable to the Benefited Proper-
•
ties. The provisions of the Recapture Agreement shall be subject to the approval of the
VILLAGE and DEVELOPER.
B. To the extent that roadway improvements as called for herein are deter-
mined by the VILLAGE Engineer to have conferred benefits to other properties in addi-
tion to the TERRITORY, said costs and expenses therefor attributable to such other
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• •
properties shall be recapturable by DEVELOPER and shall be included in any Recapture
Agreement entered into between the VILLAGE and DEVELOPER and shall be included
• in any Recapture Ordinance enacted by the VILLAGE.
•
•
•
ARTICLE IX
ROADWAYS
A. All interior streets (exclusive of Derby Road) within the TERRITORY
when developed shall be owned and maintained by the DEVELOPER or its successor in
title. Said streets shall be constructed in accordance with the VILLAGE'S current Sub-
division Regulations; provided, however, except as otherwise set forth in Article XII(a)
hereof, there shall be no further requirement imposed on DEVELOPER to install side-
walks adjacent to interior streets.
B. The OWNER shall dedicate a 50 -foot right -of -way for future widening of
131st Street, McCarthy Road, Archer Avenue and Derby Road (and shall dedicate 100
feet where Derby Road bisects the TERRITORY); provided, however, if traffic studies
commissioned or contracted by the VILLAGE prior to Final P.U.D. Plat and Final Subdi-
vision Plat approval designate Derby Road as a "collector" street, the required
right -of -way dedication shall be reduced to 40 feet (and be reduced to 80 feet where
Derby Road bisects the TERRITORY).
C. A 33 -foot wide area at the Northeast corner of the TERRITORY, as set
forth on the Site Plan, shall be dedicated pursuant to the Final Subdivision Plat to be
approved for such phase. Notwithstanding the foregoing, at the time of such Final Sub-
division Plat approval, the VILLAGE shall grant to DEVELOPER (or the DEVELOPER
shall reserve) a temporary easement, until such time as said 33 -foot area is needed for
roadway or public utility improvements, to allow DEVELOPER to utilize such 33 -foot
area for purposes of growing and harvesting "nursery" plants and trees for use within
MDM0553 12/22/89 1132 16
•
the TERRITORY. OWNER shall be allowed to enclose such 33 -foot area within a fence,
pursuant to the variations from fence requirements contained in the Zoning Ordinance
as set forth in Article XII(e) below, and shall take adequate precautions to ensure that
planting materials, fertilizer, etc., shall create no adverse environmental effects.
D. The OWNER /DEVELOPER shall dedicate and improve Derby Road at the
north boundary line of the Commonwealth Edison right-of -way and shall provide for
pavement widening at the Main Club entrance, and shall further provide for pavement
widening at the bridge site (which bridge shall be located on Derby Road at the north
boundary line of the Commonwealth Edison right -of -way), pursuant to the requirement
of the Cook County Highway Department. The covenants, conditions and restrictions
referenced in Article III hereof shall provide for standard maintenance, repair and
repainting of the said bridge (excluding roadway maintenance and repair), pursuant to
the requirements of the Cook County Highway Department, and mowing and upkeep of
bridge embankments by the homeowner's association to be established by DEVELOPER.
• E. The intersection of Derby Road and Archer Avenue shall be widened in
accordance with the recommendations of the requisite governmental bodies having
jurisdiction over said roadways.
F. Except as set forth herein, no other roadway improvements or dedications
in connection with the development of the TERRITORY pursuant to the Site Plan shall
be required of OWNER or DEVELOPER.
• G. A temporary construction entrance (with guard house), to be located
north of the Main Club entrance on Derby Road, and such other temporary construction
entrances as required for site development, shall be allowed until such time as
• development of the TERRITORY is completed as set forth on the Site Plan.
MDM0553 12/22/89 1132 17
9
ARTICLE X
LANDSCAPING
Plans and specifications for the landscaping of the portions of the TERRITORY
within public rights of way shall be subject to reasonable approval of the VILLAGE
Engineer. The DEVELOPER and its successor in title shall have the flexibility to relo-
cate golf course holes, greens, fairways and landscaping and reconfigure golf course
layout, provided the aggregate amount of open space set forth on Final P.U.D. Plats and
Final Subdivision Plats shall not be substantially reduced. The Parties agree and
acknowledge that installation of landscaping on individual private residential lots in the
TERRITORY shall be the responsibility of the owners of such individual private residen-
tial lots, and that DEVELOPER shall have no responsibility in connection with such
installation or maintenance of landscaping.
The DEVELOPER or its successors in title shall provide, at the time contracts
for conveyance of individual homesites within the TERRITORY are entered into for the
purpose of initial improvement of said homesites with residential dwelling units, a
clause within such contracts for conveyance providing that the purchasers of said
homesites recognize and acknowledge their responsibility to grade the said homesites in
accordance with the "engineering grading plan" or final grading plan therefor approved
by the VILLAGE, and further recognizing and acknowledging that the VILLAGE shall
not be obligated to issue occupancy permits for homes erected on such homesite unless
and until said "engineering grading plan" or final grading plan has been complied with,
unless otherwise varied or waived by the VILLAGE.'
ri
MDM0553 12/22/89 1132 18