O-952-96 02/12/9606240380
VILLAGE OF LEMONT
ORDINANCE NO. `J s),
MA
MAR 29
DEPT-01 RECORDING 41.
Tt7777 IRAN 0141 03/29/96 0r16W0
44218 7f SK *-96-24O3 a ,
C00Y.COUNTY RECORDER
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION
AGREEMENT DATED JANUARY 24, 1994 AND ADOPTED BY ORDINANCE NO. 821
(FORMERLY KNOWN AS THE FINNEGAN PROPERTY)
BY AMERICAN STORES PROPERTIES, INC.
(Jewel /Osco Shopping Center)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /c2Zay o
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties Illinois, this /o2day
of 1996.
1996.
ORDINANCE NO. 615A
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION
AGREEMENT DATED JANUARY 24, 1994 AND ADOPTED BY ORDINANCE NO. 821
(FORMERLY KNOWN AS THE FINNEGAN PROPERTY)
BY AMERICAN STORES PROPERTIES, INC.
(Jewel /Osco Shopping Center)
WHEREAS, an amended 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 amended 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 amended Annexation
Agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND
WILL, 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 "FIRST AMENDMENT TO THE FINNEGAN PROPERTY (JEWEL /OSCO)
ANNEXATION AGREEMENT" and dated the 0.44, day of
_, 1996, (a copy of which is attached hereto and made
a part her of) .'"�
SECTION 2: That this ordinance shall be in full force and dj
effect from and after its passage, approval, and publication in
pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL,
ILLINOIS, on this Jak day of 4- z.evun,p)uy. , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
\ c 1c \Kw es-5 (nes is
Approved by me this /a.
Attest:
AYES NAYS PASSED ABSENT
1996.
CHARD A. KW L KI, Village President
CHARLENE SMOLLEN, V
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
-,A
"f/
e Clerk
0-14 E
22 -32- 107 - 001;002;003;004;
009;010;011;
22 -32 -108- 009 -000;
RECEIVED
FIRST AMENDMENT TO ANNEXATION AGREEMENT
(FINNEGAN PROPERTY) MAR - 4
APPROXIMATELY 18 ACRES, SOUTHWEST
CORNER OF 127TH AND STATE STREETS
THIS AGREEMENT is made and entered into this 12th day of
February, 1996, by and between the VILLAGE OF LEMONT, an Illinois
municipal corporation (hereinafter referred to as the "VILLAGE "),
MARQUETTE NATIONAL BANK, as Trustee under Agreement dated
December 29, 1994, known as Trust No. 13292 (hereinafter referred
to as the "OWNER ") and AMERICAN STORES PROPERTIES, INC., a Delaware
corporation (hereinafter referred to as "ASPI ").
W I T N E S S E T H:
WHEREAS, an Annexation Agreement, dated January 24, 1994
(hereinafter referred to as the "Agreement "), was entered into
between the VILLAGE, Marquette National Bank, as Trustee under
Agreement dated August 26, 1977, known as Trust No. 8003, and
Marquette National Bank, as Trustee under Agreement dated
October 10, 1978, known as Trust No. 8754 (hereinafter collectively
referred to the "Former Owners ") to annex to the VILLAGE certain
territory containing approximately 18 acres adjoining and
contiguous to the VILLAGE corporate boundary at the southwest
corner of 127th and State Streets (hereinafter referred to as the
"Territory "). The legal description of the Territory is attached
hereto, marked Exhibit "A" and incorporated herein by reference;
and
WHEREAS, OWNER is the successor in interest to the Former
Owners; and
WHEREAS, ASPI is the Contract Purchaser of the Territory andC.
is desirous of developing the Territory to construct thereon aq)
Jewel /Osco retail store, together with additional commercial;,,
buildings, including two (2) outlots; and
WHEREAS, VILLAGE, OWNER and ASPI desire to amend the Agreement
and provide for changes in zoning and land use affecting the
Territory to provide for ASPI's development plans; and
WHEREAS, the President and Board of Trustees of the VILLAGE
acknowledge and have determined that said Zoning and Land Use
Amendments and ASPI's proposed development will provide significant
economic development, employment opportunities and tax benefits to
1
the VILLAGE, and is in the best interests of the general welfare of
the VILLAGE; and
WHEREAS, VILLAGE and ASPI acknowledge that ASPI, as part of
its development on the Territory, will provide off -site public
benefit improvements, as well as extraordinary on -site improvements
such as landscaping, berming and sound mitigation measures; and
WHEREAS, the VILLAGE has determined that it is appropriate in
order to increase economic development within the VILLAGE to
reimburse ASPI from sales taxes received by the VILLAGE from the
development for a portion of the cost of such off -site and on -site
improvements; and
WHEREAS, pursuant to notice as required by statute and
ordinance, public hearings were held by the VILLAGE Planning and
Zoning Commission on the zoning of the Territory, the requested
approval of a Special Use /Planned Commercial Development, approval
of the various site and development plans and requested variations
and the favorable recommendation, together with certain recommended
conditions made by said body were submitted to the President and
Board of Trustees of the VILLAGE and same have been reviewed by the
President and Board of Trustees; and
WHEREAS, the President and Board of Trustees have determined
that, following review and study of the site development plans and
the testimony and exhibits presented by ASPI at said public
hearings, that the Planned Commercial Development proposed by ASPI
presents sound and creative land planning, is consistent with the
VILLAGE's Comprehensive Land Plan and is designed to be compatible
with adjacent properties and minimize impacts to both adjacent
properties and the community at large; and
WHEREAS, all other and further notices, publications,
procedures, public hearings and other matters attendant to the
consideration and approval of the execution of this First Amended
Annexation Agreement has been given, made, held and performed by
the VILLAGE as required by Section 11- 15.1 -1 of the Illinois
Municipal Code 65 ILCS 5/11- 15.1 -1, as aforesaid, and all other
applicable statutes, and all applicable ordinances, regulations and
procedures of the VILLAGE; and
WHEREAS, pursuant to the provisions of Section 11- 15.1 -1 of
the Illinois Municipal Code, as aforesaid, the Corporate
Authorities of the VILLAGE have duly fixed a time for and held a
hearing upon this First Amendment to Annexation Agreement and have
given due and proper notice of said hearing; and
WHEREAS, the Corporate Authorities have duly considered the
terms and provisions of this First Amendment to Annexation
2
C
f
Agreement and have, by an Ordinance, duly adopted by a vote of two -
thirds of the Corporate Authorities then holding office, authorized
the President to execute, and the VILLAGE Clerk to attest, this
First Amendment to Annexation Agreement on behalf of the VILLAGE.
NOW, THEREFORE, in consideration of the foregoing premises and
of the covenants and conditions hereinafter contained, the adequacy
and sufficiency of which is hereby acknowledged, VILLAGE, OWNER and
ASPI agree as follows:
1. REZONING AND SPECIAL USE PLANNED COMMERCIAL DEVELOPMENT
APPROVAL.
A. Forthwith upon approval of this First Amendment to
Annexation Agreement, the VILLAGE agrees to enact and adopt an
Ordinance providing for the following:
(i) Rezoning the following portion of the Territory
from B -1 Neighborhood Shopping District to B -3
Commercial District:
Outlot "B" (excepting therefrom the southerly 150
feet as measured along the westerly line) in
Emerald Acres, a subdivision of part of Lots 17, 18
and 20 in County Clerk's Division of Section 32,
Township 37 North, Range 11, East of the Third
Principal Meridian, in Lemont Township, Cook
County, Illinois (to be rezoned from B -1
Neighborhood Shopping District to B -3 Commercial
District and Planned Commercial District);
(ii) Rezoning the following portion of the Territory
from R -3 Single Family District to B -3 Commercial
District:
Lots 32, 33, 34, 35 and 36, inclusive, in Emerald
Acres, a subdivision of part of Lots 17, 18 and 20
in County Clerk's Division of Section 32, Township
37 North, Range 11, East of the Third Principal
Meridian, in Lemont Township, Cook County, Illinois
(to be rezoned from R -3 Single Family District to 4')
B -3 Commercial District and Planned Commercial
District) C'?
(iii) Granting a Special Use for Planned Commercial OD
Development within the B -3 Commercial District for
the Territory, pursuant to the following plans
which are incorporated herein by reference:
3
(a) Preliminary Site Plan, dated 11/15/95, last
revision dated 2/12/96, Project No. N05494,
consisting of one page, prepared by A. Epstein
and Sons International;
(b) Landscape. Plan, dated 10/1/95, last revision
dated 2/12/96, consisting of one page,
prepared by Webster, McGrath & Ahlberg, Ltd.;
(c) Building Elevations, dated 10/10/95, Project
No. 00794, consisting of Sheets A -1, A -1 -a and
A -2, prepared by Camburas & Theodore, Ltd.;
(d) Photometric Study and Catalogue Cut of Light-
ing Standard, dated 11/8/95, prepared by A.
Epstein and Sons International;
(e) Monument Sign Drawing, dated 2/7/96,
consisting of one page, prepared by Camburas &
Theodore, Ltd.; and
(f) Screening Detail Section at South Side of
Shopping Center (Munster Drive), dated 2/7/96,
consisting of one page, prepared by Camburas &
Theodore, Ltd.
(iv) The Special Use for a Planned Commercial Develop-
ment within the B -3 Commercial District for the
Territory shall be further subject to the
following:
(a) Cross - access and parking easements between the
lots within the development shall be provided
in the ASPI Plat of Resubdivision referred to
in Paragraph 2 below, and in any future
declaration to be recorded on the Territory;
(b) The ownership and maintenance of the storm
water detention lots, including the payment of
real estate taxes thereon, shall be the
responsibility of the owner(s) of the ')
Territory. VILLAGE shall have the right, but 1
not the responsibility to perform maintenance
on the detention areas, in which case they
VILLAGE shall be reimbursed such costs by the
owner(s) thereof;
(c) A Plat of Vacation for the existing utility
easements on the Territory shall be submitted
by ASPI and approved by the VILLAGE prior to
the final approval of the ASPI Plat of
Resubdivision;
(d) The total permitted signage for the develop-
ment within the Territory shall be 2,200
square feet in area. The approved signage
area may be divided between all tenants and
users in the development within the Territory
and shall include both attached and free-
standing signs. Free - standing signs shall be
a maximum of fifteen (15') feet in height with
a minimum setback from any property line of
five (5') feet;
(e) Parking spaces for the development within the
Territory will be based on one (1) space for
each two hundred (200) square feet of
commercial building space. All parking spaces
shall be a minimum of nine (9') feet wide by
eighteen (18') feet deep;
A permit from the Army Corps. of Engineers to
permit filling of wetland areas, if any, on
the Territory shall be secured by ASPI;
The main access driveway shall have a depth of
sixty (60') feet between State Street, as
measured from the face of the curb of the
street, and the closest cross access aisle;
(h) A revised photometric diagram and lighting
standards indicating foot candles at all
property lines and types of lighting fixtures
to be utilized, shall be submitted for review
by the VILLAGE's Administration prior to final
plat approval. Parking lot light standards
shall be a maximum thirty (30') feet in
height;
(i) Engineering plans, including grading and
utility plans shall be reviewed and approved
by the Village Engineer prior to recording the 4J
ASPI Plat of Resubdivision;
(j) Dumpster enclosure locations shall be cj
indicated on the final site plans; CO
(k) The development on Lots 3 and 4 (the outlots)
shall be subject to the following:
5
(i) the review and approval by the VILLAGE's
Administration to ensure the development
quality is consistent with the Planned
Commercial Development;
(ii) both parcels are permitted to have drive -
through facilities provided that stacking
room on site shall be sufficient to
accommodate all vehicles on site as
determined by the VILLAGE's Admini-
stration;
(iii) any access drive onto Emerald Drive from
Lot 4 shall be located far enough north
to be aligned with the vacant parcel
across the street on the southwest corner
of Emerald Drive and 127th Street.
Further, if required by the VILLAGE, said
access drive shall be designated "no left
turn," and /or other physical traffic
control improvements such as a "pork
chop" shall be incorporated into the
design of said access;
(iv) there shall be no more than one (1) fast -
food restaurant use, which use can be
either on Lot 3 or Lot 4; and
(v) prior to the development of the outlots,
they shall be graded, seeded and
otherwise kept in a presentable condition
until developed.
(1) The Jewel /Osco stores within the Planned
Commercial Development shall be permitted to
have outdoor sales and storage areas
consistent with those customarily conducted at
Jewel /Osco stores. Outdoor sales and storage
areas shall be permitted by other users within
the Planned Commercial Development after
review and approval by the VILLAGE's
Administration;
(m)
An attempt shall be made to preserve trees on
the Territory where possible. If preservation
is not possible, trees currently located on
proposed detention areas and green spaces
shall be replaced with a number of trees such
that the caliper inches planted equals that
which is lost with the tree removal;
(n) With regard to the screening of the four (4)
residential lots adjacent to the west side of
the development (rear of the Jewel /Osco and
shops), the following shall apply:
(i)
as shown on the Section Drawing
referenced in Paragraph 1A. (iii) (f)
above, the acoustical wood screening
fence shall be twelve (12') feet in
height adjacent to the northerly two (2)
lots and six (6') feet in height adjacent
to the southerly two (2) lots;
(ii) ASPI shall, at the time it secures its
building permit for the construction of
the Jewel /Osco store, deposit with
VILLAGE the sum of FORTY THOUSAND AND
00 /100 DOLLARS ($40,000.00) to provide a
landscape fund of TEN THOUSAND AND 00 /100
DOLLARS ($10,000.00) for each of the four
(4) lots adjacent to the west property
line in order to allow said property
owners to landscape the respective east
property lines of said lots. The
qualifications and process for the
distribution of said funds to the four
(4) lot owners shall be established by
the VILLAGE's Administration. Upon
deposit of the landscape funds with the
Village, ASPI shall have no further
responsibilities or obligations in
connection therewith. In the event that
all, or any portion of said landscape
fund has not been distributed by VILLAGE
to the four (4) lot owners within twenty -
four (24) months following the opening of
the Jewel /Osco store, such undistributed
funds shall be returned by VILLAGE to
ASPI;
(o) Staff shall work with ASPI to enhance building
design features, monument signage, light
fixtures and lighting appearance. ASPI shall
provide outdoor seating areas within the
development, integrate coach lights into the
walkway in the front of the additional shops
area and including minor limestone elements
into the architectural plans for the
buildings;
(p) Deliveries to the Jewel /Osco store shall be
subject to the following conditions:
(i) ASPI will require that truck motors be
shut -off during deliveries. Additionally,
signs will be posted at the appropriate
delivery areas to advise the drivers of
the motor shut -off requirement; and
(ii) Between the hours of midnight and 6:00
o'clock a.m. there shall be no deliveries
except for Jewel /Osco trucks, which shall
be limited to no more than two (2) such
deliveries during that period each day
and no overnight parking of trucks,
except in the Jewel /Osco service docks,
shall be allowed;
(q)
The following permitted uses within the
VILLAGE's B -3 Commercial District shall be
deemed to be Special Uses and, therefore,
shall not be allowed as a use within the
development unless ASPI applies for and
secures a Special Use Permit in accordance
with the requirements and procedures therefore
in the VILLAGE's Zoning Ordinance:
Automobile Sales Establishments
Boat Sales and Service Establishments
Garages, Storage or Off - Street Parking Lots
Greenhouses, Garden Centers and Nurseries
Mobile Homes and Trailer Sales Establishments
Model Homes or Garage Display and Sales
Motels and Hotels
Motor Vehicle Sales Establishments
Parks, Athletic Fields and Stadiums
Tavern;
(r) Roadway improvements to be made by ASPI to
Munster and Emerald Drives within eight (8)
months after the opening of the Jewel /Osco
store for business shall include:
(i) full road improvement, including curb,
gutter and storm water improvements, from
State Street west to the shopping center
access drive on Munster Drive and from
8
x,
0
127th Street south to the access drive on
Outlot 3 on Emerald Drive; and
(ii) reconstruction of the Munster and Emerald
Drive pavement only to its current width,
as per the street improvements section
agreed to by ASPI and the VILLAGE
indicated on the Site Plan approved
herein, from the shopping center access
drive on Munster Drive west to Emerald
Drive and north on Emerald Drive to the
Outlot 3 access drive.
Provided further, however, that ASPI's
obligation to complete roadway improvements on
Munster and Emerald Drives shall be contingent
upon the following:
(i) approval of the Lemont Township Highway
Commissioner to construct that part of
the improvements to Munster and Emerald
Drives not within the corporate limits of
the Village of Lemont; and
(ii) the roadway improvements shall be as per
the street improvement section agreed to
by ASPI and the VILLAGE indicated on the
Site Plan approved herein. Therefore,
should the Lemont Township Highway
Commissioner require a different roadway
construction than agreed to by the
VILLAGE and ASPI, ASPI shall have no
obligation to improve Munster and Emerald
Drives in that portion of said streets
within the jurisdiction of the Lemont
Township Highway Commission;
(s) All site landscaping as required pursuant to
the Landscape Plan approved herein shall be
completed no later than eight (8) months after
the Jewel /Osco store opens for business.
B. ASPI agrees that the Territory will be developed
only in accordance with the foregoing plans and conditions, as may
be subsequently amended, and agrees to follow the procedures of the
VILLAGE pertaining to Planned Commercial Developments, except as
may be modified herein. The conditions of this First Amendment to
Annexation Agreement relating to the development of the Territory,
which are incorporated herein by reference and made a condition to
the grant of this Special Use for Planned Commercial Development
9
within a B -3 Commercial District, shall survive the expiration of
the Agreement and this Amendment and shall remain in effect unless
or until the zoning of the Territory has been altered in accordance
with law.
2. ASPI PLAT OF RESUBDIVISION APPROVAL. The VILLAGE
acknowledges that the ASPI Preliminary Plat of Resubdivision, dated
October 17, 1995, revised November 11, 1995, consisting of one (1)
page, prepared by Sargeant Engineering Company, Ltd., depicts a
resubdivision of the Territory and the VILLAGE agrees to adopt the
appropriate ordinances and /or resolutions to approve the final Plat
to resubdivide the Territory substantially in accordance with the
ASPI Preliminary Plat of Resubdivision. The VILLAGE agrees to
expeditiously review and process the approval of the final ASPI
Plat of Resubdivision when presented by ASPI to the VILLAGE.
3. PLANNING AND ENGINEERING DESIGN STANDARDS. The Planned
Commercial Development Ordinance of the VILLAGE makes provisions
for variances from the requirements of the Zoning Ordinance for the
underlying B -3 Commercial District in order to promote and allow
innovation and flexibility of design in keeping with the public
interest and welfare. The VILLAGE finds that the strict
application to the Territory of certain provisions of the Zoning
Ordinance would be unduly restrictive and would prevent ASPI from
developing the Territory and effecting the Plans herein approved in
the most suitable manner consistent with the testimony and exhibits
previously submitted by ASPI. Therefore, the VILLAGE agrees that
the exceptions to the Zoning Ordinance set forth specifically in
Paragraph 1 above, or as may be indicated on the approved plans,
are consistent with the intent and purpose of the Zoning Ordinance
and in conformity with the general character of the VILLAGE.
4. PUBLIC UTILITIES. Upon completion and upon the approval
by the VILLAGE's Engineer, the VILLAGE shall accept dedication of
all easements, if any, lying within the Territory and improvements
located thereon, and sanitary sewers, storm drainage and storm
sewers, and water main systems lying within the Territory, whether
within public rights -of -way or other easement, and ASPI agrees to
convey and transfer those public improvements to VILLAGE with
appropriate Bills of Sale when requested.
5. REIMBURSEMENT TO ASPI FOR IMPROVEMENTS.
A. In order to partially reimburse ASPI for off -site
public improvements and extraordinary on -site public improvements
at ASPI's proposed commercial shopping center to be located on the
Territory (the "Shopping Center "), VILLAGE shall pay to ASPI the
sum of SEVEN HUNDRED THOUSAND AND 00 /100 DOLLARS ($700,000.00) (the
"Principal ") plus interest on the Principal balance remaining
unpaid from time to time, at a rate of seven percent (7 %) per annum
10
•
(the "Interest "), in accordance with the terms and conditions of
this Paragraph 5. Revenue to make said payment shall be derived
solely from the VILLAGE's share of the Retailer's Occupation Tax,
or any successor, substitute or additional retailer's occupation
tax imposed by the State of Illinois or the VILLAGE, generated from
sales at the Shopping Center (the "Sales Tax ").
B. The VILLAGE shall make reimbursement payments to
ASPI on an annual basis, subject to the following:
(i) Calculation of the annual reimbursement payment
amount to ASPI shall be determined annually by the
VILLAGE and confirmed by ASPI. Said annual
calculation shall be prepared using the Shopping
Center's preceding twelve (12) months Sales Tax
data. ASPI shall provide VILLAGE with Sales Tax
data (meaning copies of the Sales Tax reports filed
with the Illinois Department of Revenue from
retailers in the Shopping Center) within sixty (60)
days after the close of each successive twelve (12)
month period of Shopping Center operation. The
initial twelve (12) month period shall commence in
the month that the Jewel /Osco store in the Shopping
Center opens for business;
(ii) Following the verification of the VILLAGE's annual
calculations of the Sales Tax generated within the
Shopping Center, the Sales Tax shall be
distributed, as follows:
(a) The first ONE HUNDRED THOUSAND AND 00 /100
DOLLARS ($100,000.00) of Sales Tax shall be
retained by the VILLAGE;
(b) The balance of the annual Sales Tax shall be
paid to ASPI to be applied to the Interest and
Principal due hereunder; and
(c) The payment to ASPI shall be made within
ninety (90) days following the close of the
respective twelve (12) month Shopping Center
operation period;
(iii) The payment of Sales Tax to ASPI shall be applied
first to the payment of accrued Interest and then
to reduce Principal. Following an annual payment,
the VILLAGE shall prepare, and ASPI shall confirm,
a written report evidencing the then current
Principal balance of the reimbursement remaining
unpaid. In the event that the annual Sales Tax
11
revenue in the first three (3) years after the
Jewel /Osco commences business is insufficient to
pay to ASPI the preceding twelve (12) month's
accrued Interest on the Principal balance, then,
and in that event, such unpaid Interest amount
during said three (3) year period shall be added to
the Principal balance due. Commencing with the
fourth (4th) year, any unpaid interest in a year
shall not be added to the Principal balance due;
(iv) VILLAGE may, in its sole discretion, prepay to ASPI
all, or any part of, the remaining balance of
Principal and Interest at any time, without
penalty;
(v) In the event the Jewel /Osco store shall be closed
for whatever reason for a period of forty -five (45)
consecutive days, or more, then thereafter the
Interest hereunder shall abate until the Jewel /Osco
store re -opens for business; and
(vi) VILLAGE's obligation in this Paragraph 5 shall
terminate on the earlier to occur of: (a) the
payment in full to ASPI of the Principal and
Interest due hereunder; or (b) after the fifteenth
(15th) year following the commencement of business
by Jewel /Osco, notwithstanding that ASPI may not
yet have been paid all Principal and Interest due
hereunder.
6. LIQUOR LICENSES. Upon completion of the VILLAGE's normal
application review and approval process, the VILLAGE shall grant
the following liquor licenses for use within the Territory:
A. To ASPI for use within the American Drug Store
(doing business as Osco Drug), one (1) Class C -i
liquor license, so that packaged liquor may be sold
by Osco Drug for off - premises consumption; and
B. To a restaurant owner /operator for use within the
Territory one (1) Class A -3 liquor license, so that
liquor can be sold for consumption only in a 0
restaurant on the premises. ``)
a
In the event either or both of the above liquor licenses are
not available when applied for, then, and in that event, the Board
of Trustees of the VILLAGE shall adopt all Ordinances necessary and
OD
required to make such liquor license(s) available for the ' O
Territory.
12
7. APPROVAL OF PLANS. The VILLAGE agrees to expeditiously
take action to approve or disapprove all plats, plans and
engineering submitted to the VILLAGE by ASPI. If the VILLAGE
determines that any such submission is not in substantial
accordance with this Agreement and applicable Ordinances, the
VILLAGE shall promptly notify ASPI in writing of the specific
objection to any such submission so that ASPI can make any required
corrections or revisions.
8. NOTICE OF VIOLATIONS. The VILLAGE will issue no stop
work orders directing work stoppage on any building or other
portions of the development within the Planned Commercial
Development without giving notice of the section of the Code
allegedly violated by ASPI, so ASPI may forthwith proceed to
correct such violations as may exist. Moreover, the VILLAGE 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 of the public or
personnel employed on or near the site. The VILLAGE shall provide
ASPI notice as required by statute of any matter, such as public
hearings, proposed building code changes and policy changes or
other matters which may affect the Territory or development of it
under this Agreement.
9. RECORDATION. The parties agree to cause a true and
correct copy of this First Amendment to Annexation Agreement to be
recorded with the Office of the Recorder of Deeds of Cook County,
Illinois. The cost of the recordation shall be borne solely and
exclusively by ASPI and should VILLAGE incur said expense on behalf
of ASPI, ASPI agrees to promptly pay the cost thereof upon demand.
10. TERM. The First Amendment to Annexation Agreement shall
be in full force and effect for a period continuous with the
aforementioned Annexation Agreement, unless sooner terminated by
agreement of the parties hereto or by the completion of all duties
to be performed hereunder.
11. NOTICE. Any notice, demand or other communication which
any party may desire or may be required to give to any other party
shall be in writing and shall be deemed given: (i) if and when
personally delivered; (ii) upon receipt if sent by a nationally
recognized overnight courier addressed to a party at his /its
address set forth below; or (iii) on the second (2nd) Business Day
after being deposited in United States registered or certified
mail, postage prepaid, addressed to a party at his /its address set
forth below, or to such other address as the party to receive such
notice may have designated to all other parties by notice in
accordance herewith:
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VILLAGE: VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
Attn: Village Clerk
WITH COPY TO: ANTONOPOULOS, VIRTEL &
GROSELAR, P.C.
15419 - 127th Street, Suite 100
Lemont, Illinois 60439
Attn: John Antonopoulos, Esq.
ASPI: AMERICAN STORES PROPERTIES, INC.
2100 Swift Drive
Oak Brook, Illinois 60521
Attn: George Redfearn, Vice
President, Real Estate
WITH COPY TO: GOLDSTINE, SKRODZKI, RUSSIAN
NEMEC AND HOFF, LTD.
7660 West 62nd Place
Summit, Illinois 60501
Attn: Richard J. Skrodzki, Esq.
or at such other address or to such other party which any party
entitled to receive notice hereunder designates to the other in
writing.
12. MISCELLANEOUS PROVISIONS.
A. Amendment. This First Amendment to Annexation
Agreement may be amended by mutual consent of the parties hereto or
their successors or assigns, from time to time without the consent
of any other person or corporation owning the parcels of property
deemed benefited hereunder.
B. Separability. Should any provisions of this
Agreement of the application of such provisions to any person or
circumstances, be held invalid by the court of competent
jurisdiction, the remaining provisions of this Agreement and /or the
application of such provisions to persons or circumstances, other
than those specific provisions or applications held invalid, shall
not be suffered. LID
C. Binding Effect. Except as otherwise herein r)
provided, this Agreement shall insure to the benefit of and be
binding upon the successors and assigns of ASPI and any successor 11
Municipal Corporation of the VILLAGE.
D. Enforcement. Any part of this Agreement, or their
respective successors or assigns, may either in law or in equity by
14
•
suit, action, mandamus or other proceeding, enforce and compel
performance of this Agreement against any other party hereto and
their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed hereto this
Agreement as of the day and year first above written.
ATTEST:
Charles M. Swollen,
Village Clerk
Bank. tf .,..
ATTEST:
National
ATTEST:
'Ap.cV,J) ..CwtodAs.
08131-ANT SECRETARY Title
VILLAGE OF LEMONT,
a
lit municipal corporation
°ch rd w- sneski,
Village President
MARQUETTE TIONAL BANK, as Trustee
under Ag - nt ••st - cember 29,
1994, yeas �" ', 13292
By • / 1�V All6ALi__
?r.sro r, e(Z Title
AMERICAN STORES PROPERTIES, INC.,
a Delaware corporation
By: �C�•>>- /5� -`�\�
EXECUTIVE VICE PRESIDENT Title
Approved for Execution
Wende W. Guasta ;r:
15
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that Richard Kwasneski,
personally known to me to be the President of the VILLAGE OF
LEMONT, and Charles M. Smollen, personally known to me to be the
Village Clerk of said municipal corporation, 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
severally acknowledged that as such President and Village Clerk,
they signed and delivered the said instrument and caused the
corporate seal of said municipal corporation to be affixed thereto,
pursuant to authority given by the Board of Trustees of said
municipal corporation, as their free and voluntary act, and as the
free and voluntary act and deed of said municipal corporation, for
the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this tZ day of
1996.
Commission Expires:
Sim
ak_s
o Public
OFFICIAL SEAL '
ROSEMAY YATF
0 ARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 2/12/9
STATE OF ILLINOIS )
) SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that Q-k.I1IN >_ - SK:rner T'Q
personally known to me to a the '7rrsT oFFi'ccCL of MARQUETTE
NATIONAL BANK, and INa &�e.Vy , personally known to me to
be the A s;Skanl- Sacce ca.!/.. of said wank, 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 severally
acknowledged that as such 'TftSf oVicct.. and ASSA:Aan, Sec..re4 y , they
signed and delivered the said instrument and caused the cTrporate
seal of said corporation to be affixed thereto, as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this a o D day of
F ew,o pxki , 1996.
Commission Expires:
VY11/49 \/)
Notary Public
"OFFICIAL SEAL"
• .. ' :ft:
Notary Public, State of Illinois
My Commission Expires 7/1/98
STATE OF UTAH
COUNTY OF SALT LAKE
)
: S. S.
On March 8, 1996, before me, Cecile Robertson, a notary public in and for such County and
State, personally appeared Jack Lunt and Wende W. Guastamachio, personally known to me to
be the persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities, and that by their signatures on the
instrument, the persons or entity upon behalf of which the persons acted, executed the
instrument.
Witness my hand and official seal.
NOTARY PUBLIC
CECILE ROBERTSON
444 East 100 south
Sail Lake City, Utah 64111
My Commission Expires
September 4,1986
STATE OF UTAH
EXHIBIT "A"
TO
FIRST AMENDMENT TO ANNEXATION AGREEMENT
(FINNEGAN PROPERTY)
APPROXIMATELY 18 ACRES, SOUTHWEST
CORNER OF 127TH AND STATE STREETS
LEGAL DESCRIPTION OF TERRITORY:
Outlot "B" (excepting therefrom the Southerly 150 feet as measured
along the Westerly line), Outlot "C" and Lots 32, 33, 34, 35 and
36, inclusive in Emerald Acres, a Subdivision of Part of Lot 17, 18
and 20, in County Clerk's Division of Section 32, Township 37
North, Range 11 East of the Third Principal Meridian, in Lemont
Township, in Cook County, Illinois.
P.I.N.: Outlot B: 22 -32- 107 -010 and 011
Outlot C: 22 -32 -107 -009
Lot 32: 22 -32 -108 -009
Lot 33: 22 -32- 107 -001
Lot 34: 22 -32 -107 -002
Lot 35: 22 -32- 107 -003
Lot 36: 22 -32- 107 -004
CO
f