O-606-88 12/12/88VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
ORDINANCE NO. 646
AN ORDINANCE AMENDING THE
VILLAGE OF LEMONT SUBDIVISION ORDINANCE
TO PROVIDE FOR LAND AND CASH DONATIONS BY DEVELOPERS
ADOPTED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT
THIS fot DAY OF DECEMBER, 1988
Published in pamphlet form by
order of the President and
Board of Trustees of the
Village of Lemont, County of Cook,
Illinois, this /Q. day of
December, 1988
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Indemnity and Hold Harmless Agreement as to the use of funds
consistent with the terms of the Ordinance.
1. Fair Market Value. The cash contribution in lieu of land
shall be based on the "fair market value" of the acres of land in
the area improved as specified herein, that otherwise would have
been dedicated as park and recreation, library and school sites.
It has been determined that the present "fair market value" of such
improved land in and surrounding the Village is Forty Thousand
Dollars ($40,000) per acre, and such figure shall be used in making
any calculation herein unless the subdivider or developer files a
written objection thereto. In the event of any such objection, the
developer shall submit an appraisal showing the "fair market value"
of such improved land in the area of his development or other
evidence thereof and final determination of said "fair market
value" per acre of such improved land shall be made by the Village
Board Based upon such information submitted by the subdivider or
developer and from other sources which may be submitted to the
Village Board by the Park District, Library District, School
District or other.
2. Criteria for Requiring Dedication and a Fee. There
will be situations in subdivisions or planned unit developments
when a combination of land dedication and a contribution in lieu of
land are both necessary. These occasions will arise when:
a) Only a portion of the land to be developed is
proposed as the location for a park, library or school
site. That portion of the land within the subdivision
falling within the park, library or school location shall
• •
ORDINANCE NO. 6v
ORDINANCE AMENDING VILLAGE OF LEMONT
ORDINANCE NOS. 363 AND 571 RELATING TO
LAND AND CASH DONATIONS BY DEVELOPERS
WHEREAS, the Village of Lemont has found that healthful,
productive community life depends in part on the availability of
recreational and park space and adequate school and library
facilities; and
WHEREAS, it has been found and determined that the public
interest, convenience, health, welfare and safety require that a
minimum of 5.5 acres of land for each 1,000 persons residing within
the Village or within the 1 -1/2 mile jurisdiction of the Village of
Lemont and not included in any incorporated municipality be devoted
to park and recreation purposes; and
WHEREAS, it is hereby found and determined that the public
interest, convenience, health, welfare and safety require the
establishment of school sites within the Village or within 1 -1/2
miles of the Village limits in accordance with the following
criteria which are consistent with the minimum site recommendation
of the office of the State Superintendent of Public Instruction and
the school districts operating within 1 -1/2 miles of the Village
limits and not included in any incorporated municipality:
600 capacity elementary schools (pre - school - 5)
on 11 acres of land;
900 capacity junior high schools (6 - 8)
on 19 acres of land;
2,300 capacity high schools (9 - 12)
on 48 acres of land;
• •
WHEREAS, demographic studies of the residential portions of a
proposed subdivision or planned unit development can be readily and
scientifically conducted to determine the number of elementary and
secondary school age children and adults to be generated therefrom
and provide a method whereby the required dedication of land
directly attributable to the activity of the subdivider /developer
and the proposed subdivision or planned development may be
calculated; and
WHEREAS, it is hereby found and determined that the public
interest, convenience, health, welfare and safety require that a
minimum of 2 acres of land for each 1,000 persons residing within
the Village or within the 1 -1/2 mile jurisdiction of the Village of
Lemont and not included in any incorporated municipality be devoted
to library purposes; and
WHEREAS, it has been found and determined that the location of
park and recreation sites, library sites and school sites to serve
the immediate and future needs of residents and children of each
new subdivision or planned unit development is just as essential to
proper land development as are streets, water, sewers and
sidewalks, and to that end the Village has determined that the
dedication of land for park and recreation sites, library sites and
school sites or cash contributions in lieu of actual land
dedications (where the latter is deemed impractical) or a
combination of both, shall be required of each subdivider or
developer of a planned unit development;
NOW, THEREFORE, BE IT ORDAINED BY THE TRUSTEES OF THE VILLAGE
OF LEMONT AS FOLLOWS:
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SECTION I
That Section IX of Chapter 7 Municipal Code (Ordinance 456)
"Subdivision Regulations of the Municipal Code Lemont, Illinois"
entitled "Public Use Areas" and Ordinance Nos. 363 and 571 are
further amended so that subsections A through J thereof shall
hereafter read as follows:
A. DEDICATION OF PARK LANDS AND SCHOOL SITES OR PAYMENT OF
FEES IN LIEU THEREOF. As a condition of approval of a final plat
of subdivision or of a planned unit development, each subdivider or
developer will be required to dedicate land for park and
recreational purposes, for library purposes, and for school sites,
to serve the immediate and future needs of the residents of the
development, or to make a cash contribution in lieu of actual land
dedication, or a combination of both, at the option of the Village
in accordance with the following criteria and formulas.
B. CRITERIA FOR REQUIRING PARK AND RECREATION LAND
DEDICATION,
1. Requirement and Population Ratio. The ultimate density of
a proposed development shall bear directly upon the amount of land
required for dedication. The total requirement shall be 5.5 acres
of land per 1,000 of ultimate population in accordance with the
following classifications:
Type of
Recreation Area
(a) Play Lot
(b) School -Park
Neighborhood
Playground
Size Range
Minimum 8,000
square feet
Minimum park
of 5 acres
Minimum Acres
per 1,000 People
Not applicable
1.25
(c) Neighborhood
Park
(d) District -Wide
Park or Play
Field
(e) Community -
Wide Recrea-
tion Park
Minimum 3 -1/2 1.0
acres
Minimum 4 acres 1.25
up to 30 acres
Minimum 12 acres
up to 30 acres
2.0
TOTAL 5.5 acres of land per
1,000 people
2. Location. The Comprehensive Park and Recreation Plan
and /or the "Standards by Types of Recreation and Park Area" as
adopted by the Lemont Park District shall be used as a guideline in
locating sites. A park site adjoining all elementary school sites
or not less than 5 acres shall be considered a requirement. A
central location which will serve equally the entire development is
not desirable. In large developments these sites can be located
throughout the development according to established standards for
park area distances.
3. Credit for Private Open Spaces and Rcreation Areas. When
subdividers or developers provide their own open space for
recreation areas and facilities, it has the effect of reducing the
demand for local public recreational services. Depending on the
site of the development a portion of the park and recreation area
in subdivisions or planned unit developments may at the option of
the Village Board be provided in the form of "private" open space
in lieu of dedicated "public" open space. The extent of same shall
be determined by the Village Board, based upon the needs of the
projected residents and in conformance to the total park and
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1
recreation land for the general area. In general a substitution of
private open space for dedicated parks will imply a substantially
high degree of improvement and the installation of recreational,
facilities, including equipment by the developer as part of his
obligation. Detailed plans of such areas, including specifications
of facilities to be installed, must be approved by the Village and,
before any credit is given for private recreation areas, the
subdivider or developer must guarantee that these private
recreation areas will be permanently maintained for such use by the
execution of the appropriate legal documents. Private "swimming
clubs" are included in this provision. When an adjustment for
private recreation areas is warranted it will be necessary to
compute the total park land dedication that would have been
required from the subdivision or planned unit development and than
subtract the credit to be given.
4. Park Site Criteria.
A. Location of Park Sites; Except for combined school -
park sites, the Lemont Park District Master Plan shall be used as a
guideline in locating sites. If the Village or the Park District
has not planned a park within the subdivision or planned unit
development or the neighborhood in which the subdivision or planned
unit development is located, the park site shall be so located as
to be readily accessible to the people within such neighborhood.
Play and athletic fields and large park sites must be conveniently
accessible to the community at large.
• •
Proper ingress, egress and curb cuts shall be provided. For
water areas, provisions must be made for pathway /driveway around
these areas for emergency vehicles and police patrol. Provisions
for major use of a pathway /driveway for bike riding, walkway,
jogging trail and pedestrian traffic shall be made.
B. Environmental Ouality: Land to be dedicated for park
sites shall be approved by the Village according to its
environmental quality, as well as its suitability for active and
passive recreational activities. The land is to be dry and usable
at all times and not subject to flooding or used as detention.
Should a donation include a detention /retention area over and above
the 5.5 acres required per 1,000 of ultimate population estimated
to be generated by the development, the Park District may accept
said additional land. No bogs or swamps shall be acceptable as
required park sites. Lakes and native prairie wetlands shall not
normally be acceptable, but may be approved by the Village where
the area offers an exceptional amenity or the change to protect
significant natural resource. No site that has been part of an
unlicensed landfill or a toxic waste dump shall be acceptable as
required park acreage.
Every effort shall be made to conserve for public use and
enjoyment those areas of significant natural and environmental
value. Except in those specific areas designated by the Village
for development as playfields or other active areas, all trees,
other plant materials, streams and other natural features shall be
retained on land to be dedicated for park site use, unless
specifically cited by the Village for removal by the developer.
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• •
C. Shape: Dedicated park sites shall be regularly
configured to permit efficient park programming, security and
maintenance. Sites shall be rectangular, nor nearly rectangular,
in shape with no interior angle of the boundary line less than 60
degrees, unless specifically approved by the Village. Narrow
strips of land, small parcels that intrude into adjacent orderly
development or left over parcels that are oddly shaped or located
shall be avoided.
D. Improvements: Prior to conveyance, all sites shall
be prepared in accordance with the Village's subdivision code and
water retention /detention requirements, except as varied by the
specific terms of this Ordinance. In addition, in the event that a
park site includes retention /detention areas, slopes must be
mowable and shall not exceed a 5 to 1 slope. Those areas, where by
necessity and subject to the approval of the Village Engineer, the
grade exceeds 5 to 1 must have a covering of flagstone or crown
vetch which eliminates the need to mow. All areas must be final
graded and seeded to meet Park District specification as to seed
mixture.
All sites shall be conveyed in a condition ready for full
service of electrical, water, sewer and streets (including enclosed
drainage and curb and gutter) as applicable to the location of the
site, or acceptable provision made therefor. In addition, location
of hydrants shall be made in conformance with Village requirements.
Provision for water for watering vegetation and flooding for ice
skating shall be made where appropriate. Sewers for possible
installation of restrooms /shelter at a later date shall be
• •
provided. Electricity for street lights for future lighting for
shelters and security shall be provided. Security lighting along
pathway shall be provided.
C. CRITERIA FOR REOUIRING SCHOOL SITE DEDICATION.
1. Requirement and Population Ratio. The ultimate number of
students to be generated by a subdivision or planned unit
development shall bear directly upon the amount of land required to
be dedicated for school sites. The land dedication requirement
shall be determined by obtaining the ratio of: (1) estimated
children to be served in each such school classification over the
(2) maximum recommended number of students to be served in each
such school classification as stated herein and then applying such
ratio to the (3) said minimum recommended number of acres for a
school site of each such school classification as stated herein.
The product thereof shall be the areas of land deemed needed to
have sufficient land for school sites to serve the estimated
increased number of children in each school classification.
2. School Classification and Size of School Site. School
classifications and size of school sites within the Village shall
be determined in accordance with the following criteria:
School classification
by grades
Elementary Schools,
Grades Pre - school
thru 5th (K -5)
Junior High Schools,
Grades 6th thru 8th
(6 -8)
Maximum number of
students for each
such school
classification
600 students
900 students
-8-
Minimum number of
acres of land for
each school site
of such
classification
11 acres
19 acres
• •
High Schools,
Grades 9th thru 12th
(9 -12)
2,300 students 48 acres
3. Location. The Comprehensive School Plan and /or the
standards adopted by the affected School District shall be used as
a guideline in locating sites.
D. CRITERIA FOR REOUIRING LIBRARY LAND DEDICATION.
1. Requirement and Population Ratio. The ultimate density
of a proposed development shall bear directly upon the amount of
land required for dedication. The total requirement shall be 2
acres of land per 1,000 of ultimate population.
2. Location. The Comprehensive Library Location Plan as
adopted by the Lemont Library District shall be used as a
guideline in locating sites. A central location which will serve
the entire development and adjacent areas is desirable.
E. CRITERIA FOR REQUIRING A CONTRIBUTION IN LIEU OF PARK.
SCHOOL AND LIBRARY SITES. Where the development is small and the
resulting site is, too small to be practical or when the available
land is inappropriate for park and recreational purposes, for
library purposes or a school site, the Village shall require a
subdivider or developer to pay a cash contribution in lieu of the
land dedication required.
The cash contributions in lieu of park and recreation land
dedication shall be held in trust by the Village or at the
discretion of the Village, paid directly to the public body
affected solely for the acquisition of park and recreation land as
hereinbefore classified which will be available to serve the
• •
immediate or future needs of the residents of that subdivision or
development or for the improvement of other existing local park and
recreation land or facilities which already serves such needs.
The cash contributions in lieu of school sites shall be held
in trust by the Village or at the discretion of the Village, paid
directly to the public body affected solely for the acquisition of
land for school sites to serve the immediate or future needs of
children from that subdivision or development or for the
improvement to any existing school site or facility which already
serves such needs.
The cash contributions in lieu of library land dedication
shall be held in trust by the Village or at the discretion of the
Village, paid directly to the public body affected solely for the
acquisition of library sites which will be available to serve the
immediate or future needs of the residents of that subdivision or
development or for the improvement of or addition to existing
library sites or facilities which already serves such needs.
If any portion of a cash contribution in lieu of park and
recreation or library land dedication, or cash contribution in lieu
of school site is not expended for the purpose set forth herein
within 12 years from the date of receipt, it shall be refunded,
without interest, to the developer who made such contribution.
Where cash contributions are made in lieu of land dedication,
the affected public body shall acknowledge receipt of payment or
Installment Agreement acceptable to the Village. Any payments of
money or dedication of land received under the terms of this
Ordinance shall require the affected public body to execute an
be dedicated as a site as aforesaid, and a cash
contribution in lieu thereof shall be required for any
additional land that would have been required to be
dedicated.
b) A major part of the local park or recreation site,
library site, or school site has already been acquired
and only a small portion of land is needed from the
development to complete the site. The remaining portions
shall be required by dedication, and a cash contribution
in lieu thereof shall be required.
F. DENSITY FORMULA. The attached table of population
density is generally indicative of current and short range
projected trends in family size for new construction and shall be
used in calculating the amount of required dedication of acres of
land or the cash contributions in lieu thereof unless a written
objection is filed thereto by the subdivider or developer:
See Following Table
TABLE OF ESTIMATED ULTIMATE POPULATION PER DwELLING UNIT
C h I I d r e n P e r U n I t
ype of Unit Pre- !chool Ele.'entary Junior High TOTAL High School
-eta• Single Family:
2 Bedroom .125 ' .120 .026 .146 .018 1700 1.989
3 Bedroom .308 .381 .174 .555. .146 1..976 2.987 19
4 Bedroom .472 .513 .314 .827 .313 2.195 3.807
5 Bedroom .402 .620 .420 1.040 .327 2.650 4.4
ttached Single FamiIy(Tvin/hit av,f,•O,CKsR id✓GLLeY)
I Bedroom - - - - _ 1.050 1.050
2 Bedroom .051 .075. .011 .086 .021 1.741 1.899
3 Bedroom .217 .212 .022 .234 .051 1.775 2.277
4 Bedroom .333 .316 .166 .482 .180 2.333 3.328
0 -4 Years
Grades K -5
5 -10 Years
Grades 6 -8
11 -13 Years
Grades K -R
5 -13 Years
Grades 9 -12
14 -17 Years
AMC-NB-9/1/83
Adults
(18 - -uo)
Total Per
Unit
par rents
Eff(clency - - -
I Bedroom - - 1.000 1.90 - - 2 Bedroom - 1.190 1.190
.038 .065 .021 .086 .035 1.500 1.659
3 Bedroom .208 .157 .037 .194 .082 2.330 2.814
NOTE: There are only throe significant categories provided In this chart. Because of the similarity of yleids of all types of
Attached Single Family, only one category is provided. The same Is true with apartments, thus only one category. 13ocause
of the short history of some newer types of single units, both detached and attached Individual evaluations may be necessary.
•
13.
Copyright 1983
Associated Municipal Consultants, Inc.
• •
In the event a subdivider or developer files a written objection
to the Table of Estimated Ultimate Population attached hereto, he
shall submit his own demographic study showing the estimated
additional population to be generated from the subdivision or
planned unit development and, in that event, final determination of
the density formula to be used in such calculations shall be made
by the Village Board based upon such demographic information
submitted by the subdivider or developer and from other sources
which may be submitted to the Village Board by the Park District,
Library District, School District, or others. It is recognized
that population density, age distribution and local conditions
change over the years, and the specific formula for the dedication
of land, or the payment of fees in lieu thereof, as stated herein
is subject to periodic review and amendment if necessary.
G. RESERVATION OF ADDITIONAL LAND. Where the comprehensive
plan or the standards of the Village call for a larger amount of
park and recreational land, library sites or school sites in a
particular subdivision or planned unit development than the
developer is required to dedicate, the land needed beyond the
developer's contribution shall be reserved for subsequent purchase
by the Village or other public body designated by the Village,
provided that such acquisition is made within one (1) year from
substantial development completion.
H. COMBINING WITH ADJOINING DEVELOPMENTS. Where the
subdivision or planned unit development is less than 40 acres,
public open space or a school site which is to be dedicated should,
where possible be combined with dedications from adjoining
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• •
developments in order to produce usable recreation areas, library
sites or school sites without hardship to a particular developer.
I. TOPOGRAPHY AND GRADING. The slope, topography and
geology of the dedicated site as well as its surroundings must be
suitable for its intended purposes. Grading on sites dedicated for
park and recreational uses shall not differ greatly from
surrounding land.
J. IMPROVED SITES. All sites shall be dedicated in a
condition ready for full service of electrical, water, sewer and
streets (including enclosed drainage and curb and gutter) as
applicable to the location of the site, or Acceptable provision
made therefor. The sidewalks and trees normally included within
the definition of "improved" sites may be deleted due to the delay
time between dedication of any such school or library site and
construction of school or library facilities thereon.
SECTION II
The dedications of land or cash contribution in lieu thereof
required by this Ordinance shall also be required as a condition to
the annexation and subdivision and /or planned unit development of
any land to the Village or subdivisions and /or planned unit
development within 1 -1/2 miles of the Village limits, and
provisions therefor shall be incorporated in any Pre - Annexation
Agreement governing such land.
SECTION III
If any provision of this Ordinance, or the application thereof
to any person or circumstances is declared invalid by a court of
competent jurisdiction, such partial invalidity shall not affect
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other provisions or applications of this Ordinance, which can be
given effect without the invalid provision or application thereof,
and to this extent the provisions of this Ordinance are declared to
be severable.
SECTION IV
Any policy, resolution or ordinance of the Village or portion
thereof which may conflict with any portion of this Ordinance shall
be, and it is hereby repealed.
SECTION V
This Ordinance shall be in full force and effect from and
after its passage, approval and publication in pamphlet form as
provided by law.
Passed this /(.47Y( day of December, 1988.
AYES
46-1*(:, CHARLENE CHARLENE M.
NAYS
0
PASSED
0
Approved by me this /4Z day of D
111E aM`: SMOLL
VI LLAGE CLERK
SMOLLEN,
tuber, 1988.
VILLAGE
CLERK
. NELSON, VILLAGE PRESIDENT
i EE
Revised
07 -26 -91
WHEREAS, the Village of Lemont, Illinois, on behalf of itself, its officers, employees
and independent contractors, (the "Village "), through its ordinances or through the
provisions of its annexation agreements has required that developers make contributions
to the Village which the Village, in turn, may make available for other governmental bodies
which are affected by the subdivision improvements; and
WHEREAS, such contributions may be in land or in dollars and when transferred
or paid over to such governmental bodies, inure to the benefit of those governmental bodies
and not entirely to the direct benefit of the Village; and
WHEREAS, from time -to -time within the Village and within other municipalities,
disputes have arisen regarding the validity and amount of such contributions; and
WHEREAS, the Village is willing, at its discretion, to continue seeking the
contribution of land or money but wishes to procure a commitment from other
governmental bodies benefited by the receipt of such contributions that such governmental
bodies will (1) acknowledge that the requirement that such subdivision contributions be
made are totally within the discretion of the Village as to their existence, manner and
amount; (2) the other governmental bodies which benefit from such contributions will
share in the cost of defending a lawsuit which Is filed challenging the appropriate amount
of such contributions, the time at which they are to be made or any other aspect of the
contributions; and (3) that the benefited governmental body will comply with the terms of
a final and non - appealable judicial determination by a court of competent jurisdiction
rendered in connection with such lawsuit; and
WHEREAS, the Village is only willing, in its discretion, to pay over or require
contributions to other governmental bodies which execute this agreement.
1
NOW, THEREFORE, IT IS AGREED between the Village on behalf of itself and Its
officers, employees and independent contractors, and
,a
governmental body within the State of Illinois, (the "Benefiting Government "), and in
consideration for the payment of monies or the transfer of the land to the Benefiting
Government, which the Village from time -to -time may within its discretion cause to be
made by subdividing developers, the Benefiting Government does hereby agree, as follows:
1. The Benefiting Government acknowledges that, except as otherwise provided in
the Village's ordinances and /or annexation agreements, the Village is not obligated to
cause, but has the power to cause and has exercised such power to cause, the payment of
money or the transference of land to the Benefiting Government. The Benefiting
Government recognizes that the Village may, at its sole discretion, amend its ordinances
or annexation agreements or its practices so as to discontinue the payment of subdivision
contributions to the Benefiting Government.
2. (a) In the event a lawsuit is hereafter filed against the Village, the Benefiting
Government and /or others, by a subdividing developer or any other person, corporation
or entity which challenges the appropriateness, the amount, the timing, or any other aspect
of a subdivision contribution which, pursuant to the terms of the Village's ordinances or
annexation agreements, has been paid or is due to the Benefiting Government, then the
Benefiting Government does hereby agree to pay its proportionate share of the costs and
litigation expenses (including reasonable attorneys' fees) incurred in defending such
lawsuit. For purposes of this Agreement, the Benefiting Government's proportionate share
of the foregoing costs and expenses shall be determined by multiplying the total and /or
periodic installments of such costs and expenses, as appropriate, by a fraction, the
denominator of which is the total dollar value of all cash and land contributions at issue
2
hi the subject lawsuit and the numerator of which shall be the total dollar value of all cash
and land contributions which, but for the challenge represented by the subject lawsuit,
would be due the Benefiting Government. The Benefiting Government's proportionate
share of such costs and expenses shall be paid by the Benefiting Government when and as
incurred by the Village but In no event more than once a month. As a condition precedent
to the payment of such costs and expenses, the Village shall submit to the Benefiting
Government copies of the original statements reflecting the costs and expenses, together
with such supporting documentation as may be reasonably requested by the Benefiting
Government.
(b) The Village covenants and agrees that it shall employ competent and
skilled legal counsel to represent the Benefiting Government and the Village, and further
covenants and agrees that it shall keep the Benefiting Government fully advised as to the
progress and status of the litigation. In particular, the Village shall provide to the
Benefiting Government copies of all pleadings filed in the litigation and shall regularly
consult (and shall cause its attorneys to consult regularly) with the Benefiting Government
or its attorneys, as applicable, as to the strategy for defending the lawsuit. In no event may
such litigation be compromised or settled by the Village without at least thirty (30) days
prior written notice to the Benefiting Government. In the event that the Benefiting
Government decides that it would prefer to be represented In the litigation by legal counsel
of its own choosing, then the Benefiting Government shall be free to retain its own legal
counsel for such purpose and to intervene in the litigation. In the event the Benefiting
Government shall intervene in the litigation, such Benefiting Government shall assume all
costs of the litigation and indemnify and hold harmless the Village from any and all costs,
expenses and damages in relation thereto; provided, however, that the Benefiting
3
Government shall nevertheless, still be liable for all sums which have theretofore accrued
pursuant to the foregoing Subparagraph (a) and which remain due and owing from the
Benefiting Government to the Village.
3. In the event that a final and nonappealable judicial determination is made by
a court of competent jurisdiction that contributions of land or money received by the
Benefiting Government are, in whole or in part, excessive, the Benefiting Government shall
promptly repay to the person who procures such a judgment against the Village or the
Benefiting Government, together with such other amounts judged by the court to be owning
from the Benefiting Government. Provided, however, that in the event that a judicial
determination should require the payment of damages or for the attorneys' fees of the
plaintiff's attorneys, in addition to the return of contributions held to be excessive, the
Benefiting Government shall pay a proportional share of such additional amounts in the
same manner as is provided in Section 2(a).
4. In further consideration of the continued payment by the Village to the Benefiting
Government of the subject contributions of land or monies, the Benefiting Government
agrees that its obligations under Paragraphs 2 and 3 of this Agreement shall extend to both
past and future cash and land contributions.
5. On or before June 1st of each year, every Benefiting Government which receives
payments from the Village under this Agreement shall submit a report to the Village
describing the manner in which such payments have been utilized. Where this Agreement
provides that monies turned over to Benefiting Governments are to be used for a specific
purpose or within a specific time period, the report shall address those issues. If the
Benefiting Government should fail to file such a report with the Village, the Village may
delay the payment of any additional funds due the Benefiting Government until such time
4
uvf
as a full report containing adequate information Is transmitted to the Village.
6. This Agreement shall be terminable by either party for any reason or no reason
upon thirty (30) days prior written notice to the other evidencing the intention to so
terminate this Agreement. But the termination of this Agreement shall not affect the
continuing obligation of the Benefiting Government or the Village with regard to claims or
damages allegedly arising out of the Village's efforts prior to the termination to collect or
the actual collection of subdivision contributions.
Dated this /07 day of
VILLAGE OF LEMONT
seph
ATTEST:
rz
�
orzley, President
harlene Smollen, Clerk
•
s `1 •7!
i)�i tlal,t
•
,L , ,I, r •�� \ r'
B: \VILLAGE \BENEFITI.G OV
5
, 1991.
BENEFITING GOVERNMENT
71tle:
ATTEST:
1 itle: