Loading...
O-87-10 Ord. Amended Annex Agrmt Lemont Village SquareIIIIIIIIIIIIIIIII IIIIII~III I~ i.' IIIIIIIIIIIIIIII J 1033418055 Fee: $54,00 I~ ~~ ~~ gene Gene Moore Cook County Recorder of Deeds 1 of 10 pate: 11130/2010 04:00 PM Pg: ORDINANCE NO. U'~ 7~ iC7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT FOR THE LEMONY VILLAGE SQUARE SHOPPING CENTER, LOCATED AT 1243 AND 1251 STATE STREET, IN LEMONY, IL (Lemont Village Square PUD) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY THIS 22"d DAY OF NOVEMBER, 2010 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 22"d day of November, 2010. ORDINANCE NO.~-~ /~ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT FOR THE LEMONY VILLAGE SQUARE SHOPPING CENTER, LOCATED AT 1243 AND 1251 STATE STREET, IN LEMONY, IL (Lemont Village Square PUD) WHEREAS, OS Lemont Development, LLC (hereinafter referred to as the "Petitioner") is the owner of the subject property located at 1243 and 1251 State Street (PINs# 22-32-200-008 and 22-32-200-029); and WHEREAS, the subject property was previously annexed pursuant to a certain Annexation Agreement dated February 14, 2005 as Ordinance No. 0-10-OS and recorded as Document No. 0530027085 with the Cook County Recorder of Deeds; and WHEREAS, the Petitioner is desirous of amending the Annexation Agreement dated February 14, 2005 as Ordinance No. 0-10-OS and recorded as Document No. 0530027085 with the Cook County Recorder of Deeds regarding the development and use of the subject property; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement amendment 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 the "Amendment to the Annexation Agreement -Lemont Village Square PUD," a copy of which is attached hereto and made a part hereof. Section 2. That this ordinance shall be in force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 22na DAY OF NOVEMBER, ZO10. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN Approved by me this 22°d day of November, 2010 BRIAN K. REAV lage Pre ident Attest: CHARLENE M. SMOLLEN, Village Clerk AMENDMENT TO THE ANNEXATION AGREEMENT -LEMONY VILLAGE SQUARE PUD ARTICLE TITLE Sign Plan Amendment II Execution of Amendment EXHIBIT TITLE A Legal Description B Lemont Village Square Shopping Center Sign Plan, revised November 8, 2010. AMENDMENT TO THE ANNEXATION AGREEMENT -LEMONY VILLAGE SQUARE PUD THIS AMENDMENT TO THE ANNEXATION AGREEMENT, is made and entered into this~r,~,day of lkiU , 2010, between the Village of Lemont, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "the VILLAGE"), and OS Lemont Development, LLC (hereinafter referred to as "OWNER"). The VILLAGE and the OWNER are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties"; and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY"), the legal description of which is attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, the OWNER/DEVELOPER and the VILLAGE agree that they will be bound by the terms of this Amendment; and WHEREAS, the TERRITORY was previously annexed and identified as the TERRITORY pursuant to a certain Annexation Agreement dated February 14, 2005 as Ordinance No. 0-10-OS and recorded as Document No. 0530027085 with the Cook County Recorder of Deeds; and, WHEREAS, the OWNER is desirous of Amending the Annexation Agreement Annexation Agreement dated February 14, 2005 as Ordinance No. 0-10-OS and recorded as Document No. 0530027085 with the Cook County Recorder of Deeds regarding the development and use of the SUBJECT PROPERTY; and WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the VILLAGE has taken all steps legally required, including but not necessarily limited to providing notice and a hearing regarding the proposed Amendment to the Amended and Restated Annexation Agreement; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the Parties agree as follows: SIGN PLAN AMENDMENT A portion of Exhibit C to the Annexation Agreement dated February 14, 2005 as Ordinance No. 0-10-OS and recorded as Document No. 0530027085 with the Cook County Recorder of Deeds, titled "Retail Center, Lemont, IL: Retail Signage Requirements" revised December 22, 2004 is hereby repealed and replaced with "Lemont Village Square Shopping Center Sign Plan" revised November 8, 2010, attached hereto and incorporated herein as Exhibit B. II EXECUTION OF AMENDMENT This Amendment shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Amendment on page 1 hereof which date shall be the effective date of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first above written. VILLAGE OF LEMONY an Illinois Municipal Corporation ,~.'~TEST: `; y ,~ ' ~ Village Clerk ,~W~l1Z: OS Lemont Development, LLC a> ~~~ By: Village Presid Title of Officer NOTARY CERTIFICATES STATE OF ILLINOIS) SS COUNTY OF COOK) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that BRIAN K. REAVES, personally known to me to be the President of the Village of Lemont, and CHARLENE 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 official seal, this "Z~ day of 20 ~d S Notary Publid / \ C~ ~FFICIA~ sEa~ '-..;'~~~AAY YATES PYL ~ .',". . r`J, BTATE OF N.LINOIS My commission expires on ~ - .. ~ ~ : • ~ p;~Eg 8.13.2012 , 20 STATE OF ~ Ih01S SS COUNTY OF l:so ~Z I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named ~. ~, ~ rk-~,r s /! r ,personally known to me to be the same persons whose names are subsc bed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this a ~ day of l~/0 l/~Yn b~{' , 20 lb My commission expires on ~~. h ~.~i tr °~' ~ , 20 ~~ . 4FFIOIgL SEAL ~" M~-~iY tE. L.ESNIE>5KI '"•+~rhRY PUBLIC, STATE OF ILLIN015 tary Public ' ""i.SSION EXPIRES 1.30.2012 3 Exhibit A ']'6~ au~r~t ~r~~-rie~~ :~.r~ [~~~t ~7t l ~~i~ a¢ed t ~~ L ~, ~t~ tr~et ~n t~~,t ~ ~l~a~t~aa :mud arc le~9lw~ dc~€~t~cd . f~l~ ~~rs ~'I~~ k ~4~~1°~".~f ~ CK] ~ ~;E~" ~~"'1'F~F '~.~+~ J° ~~~ ~i"sE~' ~F'1~7E T~~"~(~.~~~ ~~ d~~ ~'€~1~ 1wft~RT~~ ~,~ ~' Tf3~E ~E~LI`'E}~w1~E~'f f~ ~~' ~1~ 1~'~'+.f~T~'J~'~~'I` t5~ d.~F ~C~L-~C'~'~t[~~4.a°~`'~. t~F SE~T7~+1~` 1~~, "~~:~FIE~ 3? P+~A.~T'~-J, I~t#~'+=(`i~' E R. ~~~'~ ~fi ~'FEE'E'~,9~~t~ ~'~Jl~t::d~".~4~. ~R:cr~e.~~! ,rr~ ~-~:~s~ ~r~x.rw~r; tt~..~a~c~t, t.~.~f FF, 3,T'~~M'~~.~'~~~ ~`E{F' T1~1~T~1 !~ ~~' `~~~ ~[,~l'1T~E ~f t~fi ~`7.9~ ~~~~~ t, ~F '~~ S~'dJ"~t~'~4T !~ {9~~[~`~, .41~C~~ 3 ] F fi3~S`~`'~~ 7'~~~ f~'~I l P'RTl~G~~'.~Ll...I-~~~~~l~lff ~1 ~'I+~ ~`~~~9,1~1TY, ~i~~~+!~C-~ ~~ ~~x~~~E~~e' ;~ ~~~~ ~~~ ~~~c~:~s~ ~}K ~~~ ~~=;~rrc~rr ~~. ~rrr~~~~ :~~ aa~~.'r~. Exhibit B Lemont Village Square Shopping Center Sign Plan Revised November 8, 2010 1. Definitions Facade. For the purposes of this sign plan, a facade shall be defined as "that exterior side of a building that faces and is most closely parallel to a public street, a customer parking lot, or pedestrian promenade." 2. Conflicts with the UDO Where conflicts exist between the requirements of the Unified Development Ordinance and this sign plan, this sign plan shall apply. Where no conflict exists, or where this sign plan is silent, the requirements of the Unified Development Ordinance shall apply. 3. Monument Sign All requirements for the Lemont Village Square monument sign shall remain as approved by 0-71-07. 4. Wall Signs -Primary Building A. Number of Signs 1. Each tenant shall be permitted one sign per retail unit occupied (e.g. a tenant occupying three spaces is allowed three wall signs). 2. Tenants in corner units shall be allowed one sign per facade. B. Allowable Sign Area 1. Each tenant shall be permitted one square foot of signage per linear foot of storefront facade, up to a maximum of 96 square feet. 2. Corner units may transfer allowable square footage from one facade to another, provided that the total sign area does not exceed the maximum set in 4.B.1 above (e.g. a corner unit with two 30' wide facades to have one 60 square foot sign or two 30 square foot signs). 5. Wall Signs -Outbuilding A. Number of Signs 1. Each tenant shall be allowed one sign per facade. B. Allowable Sign Area 1. Each tenant shall be permitted one square foot of signage per linear foot of storefront facade, up to a maximum of 96 square feet. 2. Corner units may not transfer allowable square footage from one facade to another. 6. Awnings Awning signs are prohibited.