Loading...
O-616B-89 04/10/89VILLAGE OF LEMONT ORDINANCE NO. (ot (o J AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS EMMANUEL BAPTIST CHURCH AND THE EXECUTION OF AN ANNEXATION AGREEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 10th day of April, 1989. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook County, Illinois, this 10th day of April, 1989. I-TCZ6f; ORDINANCE NO. L(}, LO AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS EIIMANUEL BAPTIST CHURCH 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, COOK COUNTY, 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 "EMMANUEL BAPTIST CHURCH ANNEXATION AGREEMENT" dated the 10th day of April, 1989, as to 7 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. EZVCCZGS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 10th day of April, 1989. AYES NAYS PASSED Approved by me this 10th day of April, 1989. � u Attest: LE SMOLLEN, Village Clerk Village Clerk SON, Vi lage President tZtree7,GS 10 • 0* EMMANUAL BAPTIST CHURCH ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this ,Q day of .341.)■-x4 , 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 Emmanuel Baptist Church (hereinafter referred to as "Owner "). WITNESSETH: WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, OWNER intends the TERRITORY to develop as a church, parsonage and two single family home as set forth on the attached site plan; and, WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, -1- 00 •• WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway so annexed; and, WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of that Statute, the corporate 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 corporation authority of the VILLAGE has considered the Annexation and development of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE • • as promptly as possible upon the execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto 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 TERRITORY so annexed. II ZONING AND LAND USE RESTRICTION Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the site plan attached as Exhibit "C" shall be classified under the existing zoning ordinance as R -3 single- family and shall be subject to the following: a) The side yard requirement with respect to the existing residence will allow a 15 foot side yard set back. b) Access to the church and existing residence shall not require a public roadway as long as there is no change in the use or subdivision of property. III VARIATIONS FROM THE ZONING SUBDIVISION ORDINANCE Notwithstanding the terms of the Subdivision, and the Zoning Ordinance the OWNER is hereby granted the following Variances: a) The territory shall be used as a church /school and two one -half acre lots which shall be utilized for two single - family residences. •• •• b) Owner will dedicate 33 feet as a roadway along the North property line to permit an extension of 119th Street. IV VARIATIONS FROM THE SUBDIVISION CONTROL ORDINANCE 1. The VILLAGE shall grant the OWNER the following variations from the subdivision control ordinance: a. The variation from the set back requirement permitting the proposed parking area to have a set back of 20 feet. OWNER shall utilize existing vegetation as site screen, and shall provide additional plantings as recommended by the VILLAGE. b. The VILLAGE will grant a waiver of the subdivision control ordinance to permit the church to service its church building, the existing home, and a future home to be constructed, via an ingress egress easement, 66 feet wide. The OWNER will be permitted to construct a paved driveway, 24 feet in width, but shall not be required to install a curb and gutter. c. The subject property will be serviced by both public sewer and public water. In that regard, the VILLAGE grants a variation from the subdivision control ordinance to permit the installation of a sewer and water system that would not be looped. However, if and when the properties to the east or west of the subject property are developed, and a second water main becomes available, the OWNER agrees to provide a looped system within one hundred twenty (120) days • • • • of the development of the property to either the east or the west of the subject property. d. The VILLAGE grants a variation from the subdivision control ordinance to the OWNER eliminating the requirement for sidewalks along McCartney Road. e. The VILLAGE grants a variation to the OWNER from the subdivision control ordinance eliminating the requirement for street lights; f. The VILLAGE grants the OWNER a variation from the subdivision control ordinance eliminating the requirement for parkway trees. 2. The OWNER agrees to grant easements for public utilities along the side and rear yards of the lots in question. V WATER 1. OWNER shall extend the existing water main from such off -site locations in accordance with the engineering plans and specifications which shall be approved by the VILLAGE Engineer, and subject to the variations and terms of this Agreement. 2. It is the intent of this Agreement that the OWNER shall install offsite watermains necessary 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 outlined in the Illinois Fire Insurance codes and required by the Lemont Fire Protection District. -5- • s • • 3. All water mains constructed by OWNER shall remain OWNER'S responsibility until such time as they are accepted by the VILLAGE as provided by ordinance. 4. Water mains shall be designed in accordance with the requirements of the State of Illinois Environmental Protection Agency Bureau of Public Water Supply and the domestic and fire protecting needs of the proposed development. VI ENGINEERING AND OTHER REQUIREMENTS The subject property shall be developed in conformance with the following provisions: a. Provision for utility easements to service the sanitary sewer and water main shall be provided; b. The private roadway shall be posted no parking on both sides with provision for enforcement to insure adequate ingress /egress for emergency vehicles; c. Appropriate permits from the IDOT, MSD and Illinois EPA be applied for and secured; d. The water services shall be installed with shut off valves as part of the water main improvements; e. The sanitary sewer service shall be installed to accommodate the three lots as part of the sanitary sewer improvements; f. The set back and screening details shall meet requirements of the building /zoning adminstrator of the VILLAGE; -6- • • • • g. Access for the entire development shall be provided via the private roadway only; h. The easements to be granted shall be properly recorded as well as construction coordination provisions for the proposed work within Old Derby Estates. i. The formal plat of subdivision for the property in question shall be prepared and submitted for approval in accordance with the VILLAGE'S procedures, and shall contain provisions for the future looping of the water main as hereinbefore described in Article IV hereof; j. The OWNER shall tender a letter of credit in a form and an amount to be approved by the VILLAGE attorney, for the purpose of insuring the installation of the necessary public improvements contemplated by this Agreement; k. Provisions shall be provided for the regular sampling and testing of the dead end water main to insure adequate chlorine residual. The foregoing provisions shall be incorporated into and made a part of the final engineering drawings, plans and specifications for the subject property. VII SANITARY SEWERS Sanitary sewers shall be designed in accordance with the standards for sewage works adopted by the Lemont and Great Lakes Board of Public Health Engineers and the requirements of the Metropolitan Sanitary District of Greater Chicago. -7- The design and construction of the Sanitary Sewer shall be in accordance with engineering plans and specifications approved by the Village Engineer and subject to the variations and terms of this Agreement. VIII STORM WATER DETENTION OWNER agrees to adhere to the Retention Policy of the VILLAGE and the Metropolitan Sanitary District agrees to divert storm water as required by the VILLAGE Engineer. All detention basins and outlet control structures shall be constructed prior to the installation of onsite roadway and storm sewer system to prevent property damage during interim improvement construction. OWNER shall take precautionary measures to prevent storm water runoff from causing erosion and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways. IX FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER Except as hereinbefore provided, the OWNER agrees to comply in all respects with all present and future applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings on the TERRITORY. The 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 and future ordinances. The OWNER further agrees that all present and future ordinances -8- • .• 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 the Agreement, except as may be modified by the mutual consent of the parties, and as modified by the terms of this Agreement. X 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 accordances 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. XI DEDICATION 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 -9- • . . . thereof, the VILLAGE shall accept the same upon deposit of a corporate guarantee for 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 Bill of Sale for all improvements contained within the dedication. XII NOTICE OF VIOLATIONS VILLAGE will issue no stop orders directing work stoppage on buildings 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 an opportunity to correct possible violations. 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 TERRITORY or development of it under this Agreement. •• XIII DAMAGE TO PUBLIC IMPROVEMENTS 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, agent, 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. XIV RECAPTURE The VILLAGE and the OWNER agree to enter into a recapture agreement to permit recapture by the OWNER of those costs connected with the installation of the proposed water and sewer system that would not otherwise be incurred to service the subject property. The recapture shall be applicable upon the development of the property contiguous to the subject property on either the east or the west side of said property, and upon the OWNER'S providing a loop of its water main. XV TERMS OF THIS AGREEMENT This Agreement shall be binding upon all parties hereto, their respective successors and assigns for a period Os of twenty (20) years. All of the terms and conditions provided herein shall run with the land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BY: VILLAGE OF LEMONT AND THE CORPO -ATE AUTHORITY THEREOF "If WNER, ENT • • • • EXHIBIT "A" LOTS 5 AND 6 IN MONAGHAN AND OTHERS SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF MCCARTHY ROAD (SAID NORTHEASTERLY LINE BEING 33 FEET DISTANT AND PARALLEL TO CENTER LINE OF SAID MCCARTHY ROAD) 162.00 FEET SOUTHEASTERLY OF THE INTERSECTION OF THE WEST LINE OF LOT 6 AND NORTHERLY LINE OF SAID MCCARTHY ROAD; THENCE NORTHEASTERLY TO A POINT 155 FEET WEST OF THE EAST LINE OF LOT 5 AND 1067 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5; THENCE NORTH ON A LINE PARALLEL TO THE EAST LINE OF SAID LOT 5, 172.00 FEET; THENCE EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID LOT 5, 155.00 FEET TO THE EAST LINE OF SAID LOT 5, IN COOK COUNTY, ILLINOIS. PROPOSED NEW FACILITY • • 7- - - E4rA14110EL resprirr eritateff LEMONT ILLINOIS Jr AK - - • . :I.:St:acts* 7...-rs • ••-: t• ,..,.„,±r,...,,,, _,,, ,,.........._. .111111.1...........m.04IMINs ■ .,,.Z■..% Th.- .., --.. -:. --.. -• I- 1 ' 1 jowl , ' VFW : ' , '14t■' ' -''''' Irlia716:2143231: : ..::::'&:.,"? .... l'C -.a 41 ruff y d',... ,,, . ,...._---— ..-=--___ __; • ' i 0 ' ' ' ' ia ....-i- • , ;Italia:. ' I "r itai =g' , _,..--...wor-rtemsar=*421 AELI"litill.-I- IMF 1:.:,1=6,,r,146' .411 No ■:;:,::-,s,;_.wiLtettmra• I.-15"1 '- .........-•___,Ior ! at ,.1,:;:...a-w--rizgarzzcz lic.rfb-7, PROPOSED NEW FACILITY (MMANUEi BAPT /ST CHURCH LEMONT ILLINOIS Sin' PUN • • • • EMMANUAL BAPTIST CHURCH ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 1LSday of , 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 Emmanuel Baptist Church (hereinafter referred to as "Owner "). WITNESSETH: WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, OWNER intends the TERRITORY to develop as a church, parsonage and two single family home as set forth on the attached site plan; and, WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they Will be bound by the terms of this Annexation Agreement; and, WHEREAS, the 'VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances cN er the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of - unincorporated areas surrounding the VILLAGE; and, -1- !II 411 WHEREAS, the new boundaries' of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway so annexed; and, WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of that Statute, the corporate 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 corporation authority of the VILLAGE has considered the Annexation and development of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE -2- CZVCC7,GS as promptly as possible upon the 'execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached 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 TERRITORY so annexed. II ZONING AND LAND USE RESTRICTION Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the site plan attached as Exhibit "C" shall be classified under the existing zoning ordinance as R -3 single - family and shall be subject to the following: a) The side yard requirement with respect to the existing residence will allow a 15 foot side yard set back. b) Access to the church and existing residence shall not require a public roadway as long as there is no change in the use or subdivision of property. III VARIATIONS FROM THE ZONING SUBDIVISION ORDINANCE Notwithstanding the terms of the Subdivision, and the Zoning Ordinance the OWNER is hereby granted the following Variances: a) The territory shall be used as a church /school and two one -half acre lots which shall be utilized for two single - family residences. EZVECZGS b) Cwner will dedicate 33 feet as a roadway along the North property line to permit an extension of 119th Street. IV VARIATIONS FROM THE SUBDIVISION CONTROL ORDINANCE 1. The VILLAGE shall grant the OWNER the following variations from the subdivision control ordinance: a. The variation from the set back requirement permitting the proposed parking area to have a set back of 20 feet. OWNER shall utilize existing vegetation as site screen, and shall provide additional plantings as recommended by the VILLAGE. b. The VILLAGE will grant a waiver of the subdivision control ordinance to permit the church to service its church building, the existing home, and a future home to be constructed, via an ingress egress easement, 66 feet wide. The OWNER will be permitted to construct a paved driveway, 24 feet in width, but shall not be required to install a curb and gutter. c. The subject property will be serviced by both public sewer and public water. In that regard, the VILLAGE grants a variation from the subdivision control ordinance to permit the installation of a sewer and water system that would not be looped. However, if and when the properties to the east or west of the subject property are developed, and a second water main becomes available, the OWNER agrees to provide a looped system within one hundred twenty (120) days -4- • of the development of the property to either the east or the west of the subject property. d. The VILLAGE grants a variation from the subdivision control ordinance to the OWNER eliminating the requirement for sidewalks along McCartney Road. e. The VILLAGE grants a variation to the OWNER from the subdivision control ordinance eliminating the requirement for street lights; f. The VILLAGE grants the OWNER a variation from the subdivision control ordinance eliminating the requirement for parkway trees. 2. The OWNER agrees to grant easements for public utilities along the side and rear yards of the lots in question. V WATER 1. OWNER shall extend the existing water main from such off -site locations in accordance with the engineering plans and specifications which shall be approved by the VILLAGE Engineer, and subject to the variations and terms of this Agreement. 2. It is the intent of this Agreement that the OWNER shall install offsite watermains necessary 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 outlined in the Illinois Fire Insurance codes and required by the Lemont Fire Protection District. -5- CZtYCC7,GS • _• 3. All water mains constructed by OWNER shall remain OWNER'S responsibility until such time as they are accepted by the VILLAGE as provided by ordinance. 4. Water mains shall be designed in accordance with the requirements of the State of Illinois Environmental Protection Agency Bureau of Public Water Supply and the domestic and fire protecting needs of the proposed development. VI ENGINEERING AND OTHER REQUIREMENTS The subject property shall be developed in conformance with the following provisions: a. Provision for utility easements to service the sanitary sewer and water main shall be provided; b. The private roadway shall be posted no parking on both sides with provision for enforcement to insure adequate ingress /egress for emergency vehicles; c. Appropriate permits from the IDOT, MSD and Illinois EPA be applied for and secured; d. The water services shall be installed with shut off valves as part of the water main improvements; e. The sanitary sewer service shall be installed to accommodate the three lots as part of the sanitary sewer improvements; f. The set back and screening details shall meet requirements of the building /zoning adminstrator of the VILLAGE; -6- CMICCZGN g. Access for the entire development shall be provided via the private roadway only; h. The easements to be granted shall be properly recorded as well as construction coordination provisions for the proposed work within Old Derby Estates. i. The formal plat of subdivision for the property in question shall be prepared and submitted for approval in accordance with the VILLAGE'S procedures, and shall contain provisions for the future looping of the water main as hereinbefore described in Article IV hereof; j. The OWNER shall tender a letter of credit in a form and an amount to be approved by the VILLAGE attorney, for the purpose of insuring the installation of the necessary public improvements contemplated by this Agreement; k. Provisions shall be provided for the regular sampling and testing of the dead end water main to insure adequate chlorine residual. The foregoing provisions shall be incorporated into and made a part of the final engineering drawings, plans and specifications for the subject property. VII SANITARY SEWERS Sanitary sewers shall be designed in accordance with the standards for sewage works adopted by the Lemont and Great Lakes Board of Public Health Engineers and the requirements of the Metropolitan Sanitary District of Greater Chicago. -7- • The design and construction' of the Sanitary Sewer shall be in accordance with engineering plans and specifications approved by the Village Engineer and subject to the variations and terms of this Agreement. VIII STORM WATER DETENTION OWNER agrees to adhere to the Retention Policy of the VILLAGE and the Metropolitan Sanitary District agrees to divert storm water as required by the VILLAGE Engineer. All detention basins and outlet control structures shall be constructed prior to the installation of onsite roadway and storm sewer system to prevent property damage during interim improvement construction. OWNER shall take precautionary measures to prevent storm water runoff from causing erosion and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways. IX FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER Except as hereinbefore provided, the OWNER agrees to comply in all respects with all present and future applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings on the TERRITORY. The 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 and future ordinances. The OWNER further agrees that all present and future ordinances -8- 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 the Agreement, except as may be modified by the mutual consent of the parties, and as modified by the terms of this Agreement. X 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 accordances 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. XI DEDICATION 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 -9- • thereof, the VILLAGE shall accept the °sane upon deposit of a corporate guarantee for 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 Bill of Sale for all improvements contained within the dedication. XII NOTICE OF VIOLATIONS VILLAGE will issue no stop orders directing work stoppage on buildings 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 an opportunity to correct possible violations. 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 TERRITORY or development of it under this Agreement. C7,t7CC76S XIII DAMAGE TO PUBLIC IMPROVEMENTS 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, agent, 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. XIV RECAPTURE The VILLAGE and the OWNER agree to enter into a recapture agreement to permit recapture by the OWNER of those costs connected with the installation of the proposed water and sewer system that would not otherwise 'be incurred to service the subject property. The recapture shall be applicable upon the development of the property contiguous to the subject property on either the east or the west side of said property, and upon the OWNER'S providing a loop of its water main. XV TERMS OF THIS AGREEMENT This Agreement shall be binding upon all parties hereto, 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: I LLAGE CLERK VILLAGE OF LEMONT AND THE OWNE CZVCC7.68 EXHIBIT "A" LOTS 5 AND 6 IN MONAGHAN AND OTHERS SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF MCCARTHY ROAD (SAID NORTHEASTERLY LINE BEING 33 FEET DISTANT AND PARALLEL TO CENTER LINE OF SAID MCCARTHY ROAD) 162.00 FEET SOUTHEASTERLY OF THE INTERSECTION OF THE WEST LINE OF LOT 6 AND NORTHERLY LINE OF SAID MCCARTHY ROAD; THENCE NORTHEASTERLY TO A POINT 155 FEET WEST OF THE EAST LINE OF LOT 5 AND 1067 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5; THENCE NORTH ON A LINE PARALLEL TO THE EAST LINE OF SAID LOT 5, 172.00 FEET; THENCE EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID LOT 5, 155.00 FEET TO THE EAST LINE OF SAID LOT 5, IN COOK COUNTY, ILLINOIS. PROPOSED NEW FACILITY EMMANUEL SAPT /ST CN!/RCQI LEMONT ILLINOIS PROPOSED NEW FACILITY 0 FMMANIIFL IAPTYST CHURCH LEMONT ILLINOIS S /Ti FLA N